HomeMy WebLinkAboutMN-C&O-1989 RE-CEA/ED
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CHARTER AND ORDINANCE COMMITTEE
MINUTES
THURSDAY, DECEMBER 21, 1989
- 1. The meeting began at 7:40 p.m.
2 . Members Peterson, Romanowski, Schlather, and Booth (Chair)
were present when the meeting began.
3 . Amendment to Section 26. 33 of the Municipal Code, entitled
"Assessment and lien"
The committee considered an amendment to the interest rate
established by Section 26. 33, as proposed by the City
Chamberlain. Debra Parsons joined the Committee for this
discussion. Debra suggested changing the interest rate to
10%. The Committee voted 4-0 to raise this interest rate to
12%, subject to the City Attorney's determination that 12%
is proper.
The Chair announced that the City Attorney has determined
that the other accounts receivable handled by the City •
Chamberlain's Office are controlled by the regulations of
the Board of Public Works and that therefore there is no
need to amend the City Charter or Code at this time.
4 . Alderperson Nichols joined the meeting.
5. Schedule of Parking Fines
The Chair announced that newly elected City Judge, Judge
Sherman, has indicated he will be willing to increase
parking fines that are subject to his authority if he
receives an expression of Council 's approval of these
increases. The Chair presented a revised fine schedule
(attached) that has been prepared by the Controller's Office
and discussed with Judge Sherman. The Committee voted 5-0
to endorse the revised fine schedule. The Committee also
voted 5-0 to recommend that Judge Sherman further alter
fines for parking in prohibited areas (Item #6) from the
proposed rates of $5. 00 for first and second offenses and
$10.00 for third or more offenses, to $10.00 and $20.00
respectively.
6. R-2c Zoning
The Committee briefly discussed this item, which was tabled
at Council 's December meeting. No action was taken.
7. Encroachments on City Property
The Committee discussed amending Section 33.4 of the
Municipal Code in order to provide for $50.00 charges to
acquire an encroachment permit and $50.00 for each annual
permit renewal. These were the amounts proposed by the
Board of Public Works. The Chair circulated a memo by the
City Engineer that discussed the reasons for these changes.
Members of the Committee expressed support for increasing
the initial permit acquisition charge from $25. 00 to $50.00,
but some members stated reservations about raising the
renewal charges from $5.00 to $50. 00.
Several members raised questions regarding the differences
between fees for encroachment permits and fees for licenses
to utilize City land. The Committee voted 5-0 to table this
matter and to seek clarification from the City Attorney.
8 . Smoking Ordinance Amendments
The Committee discussed amendments to the City's existing
Smoking Ordinance. The Chair informed the Committee
regarding several conversations he had had with State and
County officials about NYS 's smoking statute. With respect
to a draft of amendments to the City's existing ordinance
prepared by the Chair and previously discussed by the
Committee, the following actions were taken:
A. By 5-0 vote, "jails" were added to Section 67. 5(B) of
the draft amendments.
B. By 5-0 vote, the following language was added as a new
subdivision E in Section 67. 6 in the draft amendments:
"E. Smoking may be permitted in a jail cell,
provided that each occupant of that cell consents
thereto. "
C. By a 3-2 vote (Nichols and Romanowski in dissent) , the
references to clubhouses and service clubs in Section
67. 6 (B) of the draft amendments were removed.
D. By a 5-0 vote the following language was added to
Section 67. 6 (B) (1) of the draft amendments: "Smoking
may be permitted in a separate enclosed
room. . .maintained as a smoke-free area; and further
provided that notwithstanding the seventy percent rule
set forth in Section 1399-0 (5) (a) of the Public Health
Law, the provision of such a separate enclosed room or
rooms shall be deemed to satisfy the requirements of
this ordinance pertaining to separate enclosed rooms. "
E. By a 3-2 vote (Booth and Peterson in dissent) , the
Committee voted to add to Section 67. 12 (Waivers) of
the draft amendments language that would allow the
separate enclosed room requirements for a food service
establishment to be waived (upon application for a
waiver) if the owner installs smoke-removal equipment
that meets the ventilation/smoke removal standards of
Section 67 . 10 (F) of the City's existing smoking
ordinance.
The Committee was very specific that this type of
waiver could be acquired only with respect to the
separate enclosed room requirement pertaining to food
service establishments. The Committee was also very
specific that the ordinance would make clear that this
type waiver would not in any way remove the
requirements of Article. 13-E of the Public Health Law
pertaining to food service establishments.
F. The Committee voted 5-0 to recommend that the new
Charter and Ordinance Committee hold a public meeting
regarding these draft amendments.
9. Amendments to the City's Environmental Quality Review
Ordinance
The Chair had distributed a lengthy series of proposed
amendments for the City' s Environmental Quality Review
Ordinance. The Committee very briefly discussed these
amendments. No action was taken. These proposed amendments
will be passed on to the new Charter and Ordinance
Committee.
10. Service by Raymond Schlather
The Committee duly noted that this meeting constituted the
last Charter and Ordinance Committee meeting for Alderperson
Schlather. The Chair and the other members of the Committee
noted that Mr. Schlather has served on the Committee for
eight years, that his service has reflected both great
accomplishment and tremendous dedication, and that he will
be missed. The Committee urged Mr. Schlather to return for
any Committee deliberations, if he should feel a need to get
out of the house on certain nights.
11. Best Wishes for the Holidays were expressed by one and all.
12. The Committee adjourned at 10:10 p.m.
Respectfully Submitted,
Richard Booth, Chair
RB/cjh
�, RECEIVED MAR 2 9 1989
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CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE 272-1713
CITY ATTORNEY CODE 607
M E M O R A N D U M
TO: John C. Gutenberger, Mayor
Ri •ard Booth, Chairman of Charter & Ordinance
FROM: Ral / . , City Attorney
I
DATE: Mar 28, 1989
RE: Proposed Charter Change ,44-'4 "1-f
I have reviewed the proposed Charter change recommended by
Chief McEwen relative to appointment of police officers. Although
I do not feel qualified to comment on the merit of the proposal,
it does appear that such Charter change would be subject to
mandatory referendum as curtailing the power of an elective
official. Municipal Home Rule Law § 23(2) (f) .
RWN:blh
cc: Harlin McEwen, Police Chief
"An Equal Opportunity Employer with an Affirmative Action Program"
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CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: 272-1713
MAYOR CODE 607
M E M O R A N D U M
TO: Ralph Nash, City Attorney
Dick Booth, Chair. Charter & Ordinance
FROM: Mayor John C. Gutenberger
DATE: March 14, 1989
RE: Proposed Charter Change
This looks good to me. What do you think?
Enc.
(,-, . . . . • Celebrating . . . . . 1888 - 1988
An Equal Opportunity Employer with an Affirmative Action Program"
:°1 Mil 114;
••••. ,LUT`i'TTD ,
• �,
CITY OF ITHACA
POLICE DEPARTMENT
120 EAST CLINTON STREET
ITHACA, NEW YORK 14850-5689
Harlin R. McEwen Telephone: (607)272-3245 Walter Pagliaro
Chief of Police Records: 272-9973 Public Relations: 272-9974 Deputy Chief
TO: Mayor John C. Gutenberger DATE: March 15, 1989
City of Ithaca
City Hall
108 East Green Street
Ithaca, New York 14850
FROM: Chief Harlin R. McEwen "
SUBJECT: Proposed Charter Change
Below is my recommendation for change of the first paragraph
of 2 . 15 (1. ) of the City Charter. This would accurately reflect
the situation as now exists and allow for the Common Council to
make changes or alterations to the personnel roster without having
to change the Charter each time.
Current Charter Wording:
1. The mayor shall appoint all members of the police
department. The mayor may appoint from the police of the city, the
chief of police, four captains and six sergeants. The chief of
police, officers, and policemen shall receive for their services
such compensation as shall be fixed by the common council.
Proposed Charter Wording:
1. There shall be a police department headed by a chief of
police who shall be appointed by the mayor. The chief of police
may appoint a deputy chief and such number of captains,
lieutenants, sergeants, and police officers as may be authorized
by the common council. The chief of police, deputy chief,
captains, lieutenants, sergeants and police officers shall receive
for their services such compensation as shall be fixed by the
common council.
HRM/rhk
(-��f"'°' Q•... RECEIVED MAY 13 1988•
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
BUILDING DEPARTMENT TELEPHONE: 272-1713
CODE 607
M E M O R A N D U M
TO: 4yor John Gutenberger
The Honorable Raymond Schlather
The Honorable Robert Romanowski
The Honorable David Lytel
The Honorable Susan Cummings
The Honorable Richard Booth
The Honorable John Johnson
The Honorable Ben Nichols
The Honorable Sean Killeen
The Honorable Daniel Hoffman
Th- Honorable Caroltyn Peterson
a
FROM: Thomas D. Hoard, Building Commissioner
RE: Posters on Power Poles, etc.
DATE: May 12, 1988
I keep hearing through the grapevine that someone is working
on legislation to prohibit the posting of handbills on power
poles, etc. There already is such an ordinance on the books ;
maybe it just needs some fine tuning.
A copy is attached.
TDH:br
Attachment
CC : City Attorney Ralph Nash
An Equal Opportunity Employer with an Affirmative Action Program"
.
PUBLIC SAFETY § 65 . 23
ARTICLE II
PUBLIC CONDUCT
§ 65 .21 Prohibited activities in streets and parks
A. Games .
No person shall throw or bat a baseball, or throw or kick a foot-
ball or play in any other similar sport or contest on any public
street or City park except upon any designated area, or except
upon public playgrounds or upon the ball ground laid out at Stew-
art Park.
B. Throwing missiles .
No person shall by any means throw any stones , snowballs , or
other missile from, through, into or upon any public street, park
or place within the City. [ § 65 .21 amd. by Ord. No. 81-8, 12/2/81,
by deleting Subd. C, "Ithaca Commons Fountain". ]
f § 65 .22 Bill posting
No person shall by any means affix, mark or place, or cause to
be so placed any sign, notice or advertisement on any billboard
upon any City property or any tree thereon situated, or on any
pole, post or other structure of the companies operating tele-
phones , telegraphs or street railways other than such signs as may
be needed permanently by said companies in the conduct of their
business , or such public notices as may be authorized or required
by law; nor upon private property except on written permission of
the owner or agent of said property and in accordance with all
other provisions of this Municipal Code.
§ 65 .23 Curfew
A. Established.
It shall be unlawful for any minor actually or apparently under
the age of sixteen (16) years to be abroad or in the public streets ,
lanes , alleys , parks or other public places in the City after the
hour of 12 o'clock midnight, unless accompanied by the parent or
guardian or other adult person having authorized charge and control
Supp . # 7, April 5 , 1982.
65 . 5
',,,q401ATEO
CITY OF ITHACA
1OB EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: 272-1713
MAYOR CODE 607
M E M O R A N D U M
TO: Common Council
FROM: Mayor John C. Gutenberger ■'!
DATE: June 13, 1988
RE: Proposed Non-Smoking Legislation
I would like to share with you a letter received from Janet
Breslin and Josef Lindner regarding the City's proposed smoking
ordinance.
Enc.
cc: Janet Breslin
Josef Lindner
. . . Celebrating . . • • . 1888 - 1988
An Equal Opportunity Employer with an Affirmative Action Program
RECEIVED JUN 9 1988
June 1 , 1988
Dear Mr. Mayor:
We are writing to let you know how we feel about the proposed non-
smoking legislation coming up. Our feeling, basically, is that whatever
restrictions are being proposed, they are NOT tough enough. The law
should be made very strict against smoking.
The people who feel that they have some kind of RIGHT to smoke
wherever they please are WRONG. What they have is a habit, not a
right. Any right they might have ends at the noses of other people. It
is very disturbing to be, for example, waiting in a City Bus shelter for
a bus while some clod lights up a cigarette (or worse - a cigar) in that
confined space. If they want to smoke, let them go out of the shelter
where the air can blow the smoke away so it does not annoy others. It
is sad that something like that, which should be just plain old common
courtesy and common sense, has to be made a matter of legislation
because some people are so rude and insensitive. When you have to use
the bus shelters to get out of summer rain or winter cold, to have your
lungs further assaulted by this TOXIC smoke is something that the City
should be able to protect us from.
We resent having our clean hair and clothes smell like
someone's ashtray after we have had to be near someone who is smoking in
a public place. We resent even more being made to cough, to have our
eyes water, and to endure the headaches inflicted on us by the second
hand smoke blown around by people who don't care about what they are
doing to others.
The situation is particularly bad in restaurants. Even though
someplaces will have both a smoking and non-smoking section, most are so
small the the division is mental rather than physical. When you walk in
to these places you can smell the smoke. Why is it that food service
workers are required to tie their hair back, and to keep their hands
washed, etc., to keep the food clean, but then allow patrons to blow
chemical smoke and ash over it as it is on it's way to your table? In
some places you can be seated at the edge of a non-smoking section, only
to have a smoker right next to you, and there is nothing you can do
about it. This just does not make sense, and should be illegal. When
it comes to restaurants, if the seating capacity is less than 50 people,
instead of being up to the managment's discretion whether smoking is
allowed, NO smoking should be allowed because everyone there would get
some of the smoke.
Is no one concerned when they see a place like a bus shelter or
restaurant full of smoke where there are children there breathing it?
Or elderly people or those with respiratozyproblems? This affects us
all. If people want to be stupid enough to give themselves cancer that
is their business, but we DON'T WANT ANY OF THEIR DISEASE!
There is enough good information out now about what second hand
smoke does that it we as a community will ignore it to our peril. Those
who say that it does no such damage are either fools or tobacco
- 2 -
stockholders.
We are glad to see the the City is planning on doing something
about this. What is important is that the policy be very stringent and
ENFORCABLE! To us this means that if someone at the bus shelter will
not put out their cigarette if someone objects, the offended person
should have the right to get a policeman who will MAKE them put it out,
or give them a fine, or even better, arrest them. If there are no real
teeth in the enforcabilty of the new policy, it will be mere lip-service
to the issue, nothing more. Optimally, it would be wonderful if smokers
could be brought to court for assault for refusing to put out these
offensive, dangerous, materials, or for lighting them up in ANY public
space. After all, we pay our taxes to have these places to use for our
business and enjoyment. We should not have to make a policy of having
to avoid what we have paid for because of the stupidity of a group of
people who think they can shove their filthy, obnoxious habits on the
rest of us. Lots of people have addictions to substances which are
neither condoned nor subsidized by the community. It is time that
cigarette addiction be recognized as one of these. Second hand smoke is
a TOXIC WASTE like any other, and should NOT be tolerated in our
environment.
We consider having smoke blown at me by rude people to be assault
with a deadly weapon. The City of Ithaca OWES its residents such basic
protection and should consider it so as well. Thank you for your con-
sideration.
Sincerely,
Av)ill /P-4-1 •
d �1�s
Janet L. Breslin
Josef B. Lindner
217 Columbia St.
Ithaca, NY, 14850
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