HomeMy WebLinkAboutMN-CC-2015-03-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 4, 2015
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Human Resources Director – Michell-Nunn
Bridge Engineer – Gebre
Youth Bureau Director - Vance
EXCUSED:
Alderperson Smith
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor’s Appointments:
Mayor Myrick requested the addition of the appointments of Marshall McCormick and
Marilyn Tebor-Shaw to the Board of Zoning Appeals.
No Council member objected.
PROCLAMATIONS/AWARDS:
Quarterly Employee Recognition Award
Mayor Myrick announced that Fire Chief Tom Parsons was awarded the Quarterly
Employee Recognition Award for saving the life of a passenger who fell overboard on
the cruise ship he was vacationing on. Chief Parsons noticed the passenger in the
water and took immediate action by throwing him a life buoy while notifying the ship’s
crew of the emergency situation. Mayor Myrick applauded Chief Parsons’ quick actions
that saved a life.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Report from the Natural Areas Commission
Joe McMahon, Chair of the Natural Areas Commission reported on the NAC’s 2014
activities and highlighted 2015 priorities. Topics he addressed included the following:
Development of a Management Plan for the Natural Areas and the creation of a
Natural Areas Manager as a temporary position while the plan is being
developed and implemented.
Re-establishment of a land acquisition fund to protect the reservoir and
watershed area.
Designation of the substitute parkland in Southwest Park as a natural area.
2014 summer season activities in the Six Mile Creek area resulted in issues with
trash, graffiti, off-leash dogs, hunting, vehicle and residential break-ins. The
Gorge Rangers need an increased level of back-up from law enforcement
agencies.
Signage will be increased in the Six Mile Creek area detailing prohibited
activities.
Outside Magazine recently featured the natural areas but showcased cliff
jumping which is a prohibited activity.
The majority of maintenance work in the natural areas is being conducted by
volunteers.
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Louis Cassaniti, Interlaken, stated that he would like to hold his annual SPCA fundraiser
on the Commons and asked Common Council for permission to do so. He further noted
that he does not support dogs being allowed on the Commons as part of the proposed
legislation being considered tonight.
Neil Oolie, City of Ithaca, voiced his opposition to allowing dogs on the Commons noting
that it is an inappropriate use for the space.
Fay Gougakis, City of Ithaca, voiced her opposition to allowing dogs on the Commons
and requested that Council delay the adoption of the Commons legislation to allow for
more public comment on the various topics included in the Ordinance.
Joel Harlan, Town of Newfield, raised concerns about the new Noise Ordinance,
allowing dogs on the Commons, and the use of drones.
Seth Sicroff, City of Ithaca, voiced his support for allowing dogs on the Commons and
shared additional ways to make Ithaca more dog-friendly.
Alexandra Ketson, Joanne Joseph, and Carolyn Matos voiced their support for the
legislation being considered regarding freedom from domestic violence as a human
right. They spoke to the many benefits of the legislation and identified the other
municipalities in Tompkins County who have also supported this legislation.
Adil Gri Gui Hi, Casablanca Pizzeria, urged the City to complete the Commons
renovation project as quickly as possible, noting that businesses are not making money
and are struggling to stay open. He further voiced his opposition to allowing dogs on
the Commons.
Marc Messing, stated that Common Council has an obligation to evaluate all information
and evidence that it receives. He detailed the amount of money the Cascadilla Boat
Club has paid to the City over the past 10 years in exchange for the use of city property,
and the amount of money the Club made during the same time period. He further
identified safety concerns related to the Club’s practices.
A letter was read into the record from Daniel Keough expressing his opposition to
allowing dogs on the Commons.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McGonigal praised the staff of the Department of Public Works for all of
their efforts during the brutally cold winter.
Alderperson Murtagh thanked Mr. Adil Gri Gui Hi for his feedback on the Commons
construction project and noted that the project is entering its final phases.
Alderperson Clairborne also thanked Mr. Gri Gui Hi for his comments regarding the
impact of the Commons construction project on businesses. He further announced that
there will be a follow-up meeting to the original Call to Action meeting on March 10,
2015 at GIAC. This meeting is intended to develop concrete action steps that can be
taken to improve police and community relations.
Alderperson Clairborne further thanked everyone who attended the unveiling of the J.
Diann Sams plaque, noting that it was a great kick-off to Women’s History Month. He
further encouraged people to “Live Life like Leyla” referencing a remarkable young
woman and resident of the Second Ward, who recently lost her battle with cancer.
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Attorney - Request to Change Retirement Tier for Police Benevolent
Association (PBA) Member – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Christopher Cady (“Officer Cady”) has been employed by the City of Ithaca
(“City”) Police Department as a police officer since December 4, 2013; and
WHEREAS, when Officer Cady joined the City of Ithaca Police Department, he
unintentionally and in error enrolled in the twenty (20) year Section 384-d retirement
plan in the Police and Fire Retirement System (“PFRS”) as a Tier 6 member; and
WHEREAS, Officer Cady was eligible for and could have enrolled in the twenty-five (25)
year Section 384 retirement plan in the PFRS offered by the City as a Tier 3 member
based upon his prior service time in the Employees Retirement System, which time he
can transfer to the PFRS; and
WHEREAS, Officer Cady wishes to join the Section 384 Plan, but can do so only if the
State of New York enacts special legislation after issuance of a home rule request by
the City; and
WHEREAS, the Retirement System has estimated that the fiscal implications of this
home rule request and plan change will result in no past service cost contribution and
no fiscal impact to the City, and the Retirement System will provide a formal fiscal note
once the enabling legislation has been drafted; and
WHEREAS, the Common Council believes that it would be in the best interests of the
City and Officer Cady to request that the New York State Legislature adopt such home
rule legislation; now therefore be it
RESOLVED, That the Mayor is authorized to request that the New York State Assembly
and New York State Senate enact legislation to allow Officer Cady to change his
enrollment in the PFRS from a Tier 6 member in the Section 384-d Plan, to a Tier 3
member in the Section 384 Plan; and be it further
RESOLVED, That the Mayor or his designee is authorized to sign and submit any
documentation or related paperwork that may be required to secure this home rule
legislation and allow Officer Cady to change to the Section 384 plan; and be it further
RESOLVED, That notwithstanding anything in this resolution to the contrary, the Mayor
shall bring this matter back to Common Council for further review and approval if the
formal fiscal note provided by the Retirement System after the legislation is drafted
imposes any costs on the City, unless Officer Cady agrees to reimburse the City for all
such costs.
Carried Unanimously (9-0)
8.2 DPW – Request to Establish Stewart Avenue Bridge Painting Capital
Project - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Cascadilla
Creek, P.I.N. 375594 (“the Project”) is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (FHWA), as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio of 80%
Federal funds and 20% non-Federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-Federal share of the costs of Scoping, Preliminary Design and
Detailed Design, and
WHEREAS, the Board of Public Works resolved at the January 12, 2015, meeting to
recommend that Common Council establish a Capital Project and authorize the City of
Ithaca to pay in the first instance 100% of the Federal and Non-Federal share of the
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costs of Scoping, Preliminary Design and Detailed Design for the Project or portions
therefore; and
WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site
as well as maintenance or repair involving no substantial change in an existing facility,
and is therefore a Type II action under the National Environmental Policy Act (NEPA)
Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental
review; now, therefore be it
RESOLVED, That Common Council, duly convened, does hereby authorize the City of
Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost
of Scoping, Preliminary Design and Detailed Design thereof; and, be it further
RESOLVED, That the sum of $80,000 is hereby appropriated from Capital Project #818
and made available to cover the cost of participation in the above phases of the project;
and, be it further
RESOLVED, That funds needed for said project shall be derived from the issuance of
Serial Bonds with the City’s estimated share of the project cost not to exceed 5% or
$4,000; and, be it further
RESOLVED, That in the event the full Federal and non-Federal share costs of the
project exceed the amount appropriated above, the Common Council of the City of
Ithaca shall convene as soon as possible to appropriate said excess amount
immediately upon the notification by the New York State Department of Transportation
thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is
hereby authorized to sign all necessary Agreements with New York State Department of
Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works is authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests; and, be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project; and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously (9-0)
8.3 Chamberlain - Request to Waive Penalty on Taxes – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, due to software and vendor issues, 2015 City First Installment and
Tompkins County Tax bills were mailed later than normal, and
WHEREAS, New York State Real Property Tax Law states that the failure to receive the
bill does not affect the validity of the tax or the penalty, and
WHEREAS, Real Property Tax Law further gives authority to the governing board of the
municipality to waive penalties, and
WHEREAS, five property owners have shown that the delay in mailing, compounded by
severe weather, affected their ability to pay the bills on time without penalty; now,
therefore, be it
RESOLVED, That the City Chamberlain is authorized to accept payment without
penalty on the affected properties - 220 Ridgedale Road, 106 Short Street, 100 Queen
Street, 166 Crescent Place and 404 Cascadilla Street.
Carried Unanimously (9-0)
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City Clerk - Department of Public Information & Technology
8.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (9-0)
8.5 Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit
Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, Woody’s Ladybugs , LLC – d/b/a Red’s Place Restaurant has requested
permission to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Woody’s Ladybugs , LLC – d/b/a Red’s Place Restaurant, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2015, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Woody’s Ladybugs,
LLC – d/b/a Red’s Place Restaurant that includes the sale of alcohol in accord with the
terms and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (9-0)
March 4, 2015
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CITY ADMINISTRATION COMMITTEE:
9.1 Declaration of Freedom from Domestic Violence as a Human Right -
Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, the City of Ithaca Common Council seeks to enhance the public welfare by
declaring that freedom from domestic violence is a fundamental human right, and
WHEREAS, domestic violence or intimate partner violence is the physical, sexual, or
emotional abuse of men, women, and children by their intimate partners or immediate
family members, and
WHEREAS, domestic violence is a human rights concern that affects individuals of
every gender, sexual orientation, race, age, nationality, religion, and economic status,
and
WHEREAS, survivors of domestic violence must deal with the effects of physical
injuries, long-term psychological damage, financial instability, and trouble finding safe
housing, and
WHEREAS, domestic violence has a deeply negative impact on children who are
exposed to it, and
WHEREAS, more than 1 in 3 women and more than 1 in 4 men in the United States will
experience rape, physical violence, and/or stalking by an intimate partner during their
lifetimes, according to the Centers for Disease Control and Prevention, and
WHEREAS, 87 women and men in New York State died as a result of intimate partner
homicide in 2013, and
WHEREAS, in 2013, law enforcement agencies in New York State outside of New York
City responded to 189,152 domestic violence incidents and reported 31,106 assaults
committed by intimate partners, 80% of which were committed against women, and
WHEREAS, New York State courts issued 300,236 orders of protection in 2013, nearly
210,000 of which were required to be recorded in the Unified Court System’s Domestic
Violence Registry, and
WHEREAS, in Tompkins County, law enforcement agencies reported an average of 147
victims of domestic violence offenses per year between 2010 and 2013, and
WHEREAS, in 2013, the Advocacy Center of Tompkins County answered 2,055 calls on
its domestic violence and sexual assault hotline and served 212 new adult domestic
violence clients, including providing shelter for 37 adults and their 25 children and
helping 72 individuals obtain final orders of protection from the courts, and
WHEREAS, the United Nations has recognized that freedom from domestic violence is
a human right affecting the realization of many other rights and freedoms and that
governments have a responsibility to prevent and respond to such violence, and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women has
stated that domestic violence is a “pervasive human rights violation;” that responses to
violence should recognize human rights as a premise; and that the United States’ “lack
of substantive protective legislation at federal and state levels, and the inadequate
implementation of some laws, policies and programmes, has resulted in the continued
prevalence of violence against women and the discriminatory treatment of victims, with
a particularly detrimental impact on poor, minority and immigrant women”, and
WHEREAS, in 2011, the Inter-American Commission on Human Rights found in Jessica
Lenahan (Gonzales) v. United States that the United States’ failure to protect women
from gender-based violence constitutes discrimination and a human rights violation and
urged the United States to enact law and policy reforms at all levels to protect survivors
of domestic violence and their children; and
March 4, 2015
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WHEREAS, law enforcement, courts, cities, counties, towns, villages, social service
agencies, and other local government entities constitute the first line of defense against
domestic violence, and
WHEREAS, over the past 25 years, Tompkins County has been a leader in domestic
violence response by introducing a number of initiatives, including the establishment of
an Integrated Domestic Violence Court, and
WHEREAS, by recognizing that freedom from domestic violence is a human right, the
City of Ithaca will raise awareness and enhance domestic violence response and
education in communities, the public and private sectors, and within government
departments; now, therefore be it
RESOLVED, That Common Council hereby approves the following:
1. That the City of Ithaca joins world leaders and leaders in the United States in
recognition of domestic violence as a human rights concern and declares that
freedom from domestic violence is a fundamental human right;
2. That state and local governments should continue to secure this human right on
behalf of their citizens;
3. That this resolution shall serve as a charge to all City of Ithaca departments and
offices to incorporate these principles into their policies and practices and to
ensure that those policies and practices are informed by domestic violence
survivors’ voices and needs;
4. That the City of Ithaca shall undertake, together with community partners, a study
of the causes of local domestic violence incidents and of the gaps and barriers in
the City’s service delivery to survivors of domestic violence, with the goals of
preventing domestic violence, strengthening the City’s response to domestic
violence, and improving the provision of services to survivors; and
That a copy of this resolution shall be sent to Chief of Police John R. Barber, the Village
Mayors and Town Supervisors in Tompkins County, the Honorable Chairs and
Members of the Tompkins County Council of Governments, the Tompkins County Office
of Human Rights, the Tompkins County Sheriff, the Police Chiefs for the Villages of
Cayuga Heights, Dryden, Groton, and Trumansburg, the Cornell University Police Chief,
the Ithaca College Public Safety Director, the Tompkins Cortland Community College
Campus Safety Director, the New York State Police Troop C Station Commander, the
Tompkins County District Attorney, the judges in Tompkins County, Governor Andrew
Cuomo, Assembly Speaker Carl E. Heastie, Assemblywoman Barbara Lifton, Senate
Majority Coalition Leaders Dean Skelos and Jeff Klein, and Senator Thomas O’Mara.
Discussion followed on the floor regarding strengthening the language in section 4 of
the last Resolved clause. A friendly amendment was approved changing the words
“That the City of Ithaca shall consider undertaking, together with community partners…”
to “That the City of Ithaca shall undertake, together with community partners…”.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.2 DPW - Authorization of Additional Funding for Ithaca Skate Park Expansion,
Capital Project #732 - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson McCollister
WHEREAS, Common Council has established Capital Project #732 for the purpose of
modifying the skate park at Wood Street Park, and
WHEREAS, the Ithaca community of skaters and bikers has fulfilled its commitment to
provide resources to fund the modifications to the skate park at Wood Street Park by
raising approximately $216,000, and
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WHEREAS, community stake holders, professional design consultants and City staff
have successfully collaborated to develop an economical and contemporary expansion
of the existing skate park, and
WHEREAS, bids were received for the expansion of the skate park at Wood Street Park
on January 20, 2015, and
WHEREAS, award of contract to the lowest qualified bidder will require an additional
$61,000; now, therefore be it
RESOLVED, That Common Council authorizes the addition of an amount not to exceed
$61,000 to Capital Project #732, giving a total project authorization of $245,000; and, be
it further
RESOLVED, That the funds necessary for said amendment shall be derived from the
issuance of Serial Bonds.
Discussion followed regarding contribution levels and sources. A vote on the
Resolution resulted as follows:
Carried Unanimously (9-0)
9.3 Mayor – Request for Contract with Tompkins County Soil and Water
Conservation District for Coordination and Implementation of the Cayuga Lake
Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and Southern Cayuga
Lake for 2015 - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
WHEREAS, The Tompkins County Soil and Water Conservation District (District) is
working to eradicate the Invasive Hydrilla plant from the Cayuga Inlet, Fall Creek,
adjacent tributaries, and the southeast corner of Cayuga Lake, and
WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA)
has received New York State Department of Environmental Conservation (NYSDEC)
administered grant funding (Aid to Localities Contract No. C304750) for hydrilla
eradication efforts (including in-field management/treatment, extensive plant community
and hydrilla tuber monitoring), and
WHEREAS, NYSDEC requires a “full reimbursement” process for Hydrilla Project
activities, including coverage of all up-front Project costs before NYSDEC funds can be
accessed and reimbursement requested, and
WHEREAS, the District does not have appropriate funding on hand to cover up-front
Project costs, but must continue the coordination and implementation of critical Hydrilla
Project activities with the Hydrilla Task Force to ensure Project success, and
WHEREAS, in order to make this a possibility and cover the needed up front $300,000
project costs, the City of Ithaca has combined with Tompkins County to lend the funds
with a later reimbursement; now, therefore be it
RESOLVED, That Common Council authorizes the Mayor, upon review by the City
Attorney, to execute the agreement as follows:
1.) The City of Ithaca enters into a contract with Tompkins County Soil and Water
Conservation District to provide local funding support of $100,000 for Hydrilla
Project activities for the 2015 treatment season. The possibility for additional
funding requests from the City of Ithaca for subsequent treatment seasons
(2016-2017) will be considered based upon results of contract extension
discussions with NYSDEC.
2.) The Tompkins County Soil and Water Conservation District (on behalf of the
Hydrilla Task Force of the Cayuga Lake Watershed), will secure sub-contracts
with Project contractors in order to implement necessary in-field Hydrilla Project
activities, including hydrilla management and eradication treatments, and plant
community and hydrilla tuber monitoring.
March 4, 2015
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3.) Tompkins County Soil and Water Conservation District will submit reimbursement
requests to NYSDEC via FLLOWPA for Project costs incurred during the 2015
treatment season. Reimbursement requests will be submitted on a quarterly
basis (per NYSDEC contract terms). Reimbursement funds will be sent to
TCSWCD, which will then be sent to the City of Ithaca.
Alderperson Mohlenhoff explained that this is a bridge loan that will be fully reimbursed
to the City on a quarterly basis.
City Controller Thayer clarified that the funding would come from current operational
funds and the fund balance if needed.
Further discussion followed regarding additional contributions made by the City in the
form of in-kind services for staff time, and whether a dedicated budget line should be
added to the city budget for Hydrilla eradication.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.4 Attorney – Funding for Outreach Worker - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, the Ithaca community boasts a rich and talented social services
community, and
WHEREAS, some of those who stand most to benefit from these services are not
consistently succeeding in accessing the full range of services relevant to their needs,
and
WHEREAS, the Common Council concludes that a Community Outreach Worker with
an accessible, on-street presence in downtown Ithaca’s central business district and the
City’s west end can substantially enhance access to these services, and
WHEREAS, the Ithaca Police Department currently engages in numerous interactions
and service calls that are best approached based upon a social service—rather than a
law enforcement –model, and
WHEREAS, notwithstanding the Ithaca Police Department’s talents, even at operating
within a social services model, a Community Outreach Worker is better suited to most
effectively deliver these non-law-enforcement services, and
WHEREAS, the City of Ithaca and Tompkins County each included in their Fiscal Year
2015 budgets $20,000 that may be devoted to the initiative detailed in this resolution,
and the Downtown Ithaca Alliance (“DIA”) $10,000 for the same, for total available funds
of $50,000 to launch this initiative in 2015, and
WHEREAS, Family and Children’s Service of Ithaca (“F&CS”) has committed to serve
as the employer of the Community Outreach Worker position envisioned by this
initiative, and has graciously committed to devote substantial overhead and other
resources, in addition to the above-noted funding, in furtherance of the success of this
program, and
WHEREAS, a Steering Committee composed of designees of the City, County, DIA,
and F&CS (“the Funding Partners”) will provide oversight of the program on a quarterly
basis, and
WHEREAS, the Funding Partners will have an opportunity to evaluate a sizable portion
of the inaugural year of this initiative when considering funding of ensuing years of this
initiative, and
WHEREAS, Common Council anticipates that the initiative detailed in this resolution will
be implemented in a manner substantially resembling the program detailed in the
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accompanying Summary Overview, Position Description, Progress Tracking, and
Evaluation documentation; now, therefore be it
RESOLVED, That in furtherance of the initiative detailed in this resolution, the Mayor is
hereby authorized to execute, on advice of the City Attorney, a funding agreement
between the City and F&CS by which the City will provide to F&CS a single lump-sum
payment not to exceed $20,000, said payment to be provided no later than thirty days
after commencement of any program year, or portion thereof; and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $20,000
from Account 1990 Restricted Contingency to Account A1210-5435 Mayor’s Contractual
to assist in funding said Outreach services to community members in need of additional
support.
Discussion followed on the floor with Alderperson Brock suggesting a friendly
amendment to add the West End to the district, inclusive of the Fulton/West State/West
Martin Luther King Jr. Street intersection, that will be served by the Outreach Worker.
She noted that this addition was agreed to at the City Administration Committee
meeting.
Alderperson Murtagh noted that Tompkins County still has to approve this action.
Mayor Myrick stated that he and City Attorney Lavine will be attending a series of
County committee meetings to support this initiative. The Tompkins County Legislature
will consider this item at their April 7, 2015 meeting.
Alderperson Mohlenhoff and City Attorney Lavine thanked Alderpersons Kerslick and
Murtagh for their work on this important issue.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 170
entitled “Use of City Real Property”, Section 170-2 Related to “Definitions”
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, Chapter 170 of the City of Ithaca Municipal Code establishes the City policy
for treatment of requests to encroach upon or use City-owned land, structures or air
space in an ongoing manner; and
WHEREAS, Section 170-2 defines terms used in the Chapter, and Section 170-4
identifies and describes the types of authorizations by which the City may grant ongoing
use of its real property; and
WHEREAS, the said Sections are seemingly inconsistent in describing the maximum
period that the City may authorize a license to endure; and
WHEREAS, based upon a review of case law surrounding the distinction between a
lease and license, a license may exceed one year in term so long as the license
remains revocable on shorter notice; now, therefore
ORDINANCE 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that the definition of “License”
contained in Section 170-2 of the City Code should be amended to correct
inconsistencies with other provisions of Chapter 170 pertaining to licenses, namely
Section 170-4(B), entitled "License (for up to one year, and/or revocable upon less than
a year's notice; subject to other conditions)", and to reflect controlling New York State
law that permits licenses greatly to exceed one year in length.
March 4, 2015
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Section 2. Amendments to Section 170-2.
The definition of “License” contained in Section 170-2 (“Definitions”) shall be amended
to read as follows:
LICENSE
Written proof of permission to use City-owned real property for a temporary period of
time, either for a term not to exceed one year (absent renewal)[, ] or subject to non-
arbitrary revocation at will by the City upon less than a year’s notice, and in either
event subject to revocation by the City if such property is subsequently required for
public purposes. Permission to encroach upon adjacent City-owned property is granted
pursuant to a revocable license.
Section 3. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon
publication as provided for in the City Charter.
Ayes (8) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Kerslick,
Mohlenhoff, Martell
Nays (1) Brock
Carried (8-1)
City Controller’s Report
City Controller Thayer reported on the following items:
Work is continuing on the required financial reports
2014 activity adjustments were better than anticipated resulting in a $100,000
deficit which was much lower than projected
2015 Activity: snow removal labor is already ahead of 2014 costs / salt expenses
are on pace to exceed 2014 costs ($85,000 of $110,000 has been spent to date).
$31,000 was encumbered for 2015 snow related expenses
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code
entitled “Commons” to Repeal and Replace the Chapter in its Entirety
By Alderperson Murtagh: Seconded by Alderperson Kerslick
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 157 of the City of Ithaca Municipal Code entitled “Commons” be amended as
follows:
Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed
and replaced with the following:
Article I. General Provisions; Commons Advisory Board
§ 157-1. Title.
This chapter shall be known and may be cited as the "Ithaca Commons Rules."
§ 157-2. Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca
Commons so as to promote the general welfare and public use of said area.
§ 157-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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COMMONS ADVISORY BOARD
That board, duly appointed by the Mayor, with approval of the Common Council,
charged with various activities and/or powers relating to the Ithaca Commons by the
Common Council.
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS — That area of public property between the south building
lines on the north side and the north building lines on the south side of the former bed
and associated sidewalks of East State/East Martin Luther King, Jr. Street between the
east line of Cayuga Street and the west line of Aurora Street and that area of public
property between the west building lines on the east side and the east building lines on
the west side of the former bed and associated sidewalks of North Tioga Street between
the north line of East State Street/East Martin Luther King, Jr. and the south line of
Seneca Street.
(2) SECONDARY COMMONS — That area of public property between the south
building lines on the north side and the north building lines on the south side of the 100
and 200 blocks of East Green Street, the 300 block of East State/East Martin Luther
King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and the
100 and 200 blocks of East Seneca Street and the public property between the east
building lines on the west side and the west building lines on the east side of the 100
and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200
block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of
North Cayuga Street.
B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the
Primary Commons and the Secondary Commons as described above.
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
A not-for-profit business improvement league which engages in the following program
areas for downtown Ithaca: business retention and development; promotions and
marketing; government relations; image marketing. The Ithaca Downtown Business
Improvement District is also known as the Downtown Ithaca Alliance (DIA).
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser
installed, used, or maintained for the display, distribution or sale of newspapers,
magazines, news periodicals, or other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other material,
mounted on wheels, manually operated that is generally provided by merchants/stores
for the conveyance of merchandise, foodstuffs and other property to automobiles and
other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or other
flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or
other noncombustible material. A standard awning must be capable of being rolled up or
retracted to within one foot of the face of the structure to which it is attached. Such
standard awning must not be capable of projecting from the face of the structure upon
which it is mounted more than four feet from the face of the structure and must be no
taller than four feet. The standard awning must be mounted on the face of the structure
to provide for an unobstructed clearance below the rigid frame of the standard awning of
seven feet above the sidewalk below. A nonrigid valance may hang no greater than one
foot below the rigid frame.
STANDARD CANOPY
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A nonstructural addition to the facade of any building, which is covered in fabric or other
flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or
other noncombustible material. A standard canopy is one that is constructed so that it
cannot be retracted. Such standard canopy may only project from the face of the
structure upon which it is mounted four feet from the face of the structure and may be
no taller than four feet. The standard canopy must be mounted on the face of the
structure to provide for an unobstructed clearance below the rigid frame of the standard
canopy of eight feet above the sidewalk below. A nonrigid valance may hang no greater
than one foot below the rigid frame.
§ 157-4. Creation of Board; responsibilities.
A. There shall be a Commons Advisory Board as follows:
(1) Membership. The membership of the Commons Advisory Board shall consist of ten
total members. Six members will be appointed by the Mayor with the approval of
Common Council and membership shall be balanced between members inside and
outside of the Downtown Ithaca Business Improvement District. The Executive Director
of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works
or their designees shall serve as voting members. The Mayor shall appoint a Common
Council Liaison to serve on the Board as a non-voting member. Board members will
serve staggered two-year terms.
(2) Officers. The Commons Advisory Board will have two officers a Chair and Vice
Chair, to be elected at the first regular meeting of each calendar year at which there is a
quorum present. Nominations for these offices will be made from the floor with election
by a majority of those members present at the meeting.
(3) Officers' duties. The Chair will preside at meetings and have such other appropriate
duties as may be assigned by the Board. The Vice Chair shall assist the Chair and
preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent,
an acting Chair will be selected by the Board.
(4) Quorum. A quorum will consist of five members.
(5) Action. Action may be taken by vote with a quorum of five members present at a
regular or special meeting. The Chair will be a voting member on all actions. Actions
shall pass by vote of a majority of members present.
(6) Meetings. Regular public meetings will be held with the place and time to be
determined by the Board. Special meetings may be called at any time by the Chair or a
majority of Board members. Members will be notified of scheduled meetings by e-mail
at least three days in advance.
(7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed
periodically and a report thereof, including recommendations for modification, submitted
to the Mayor and Council.
B. The Commons Advisory Board shall have the following responsibilities:
(1) Direct. The Commons Advisory Board shall have direct responsibility and the ability
to delegate and revoke activities relating to the matters listed below:
(a) Use of the Commons; issuance of permits.
[1] Use of the Commons for, and scheduling of, any of the following purposes:
[a] Entertainment.
[b] Cultural, social, civic, religious, and educational events.
[c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile
vending carts.
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[2] In circumstances when there is not adequate time to convene the Advisory Board to
review a permit request, the Chair may, with the concurrence of five additional Board
members through e-mail correspondence, authorize the issuance of a permit. The
Board may authorize the Chair alone, or the City Clerk, to approve certain types of
permits as specified.
(b) Type, size and placement of private advertising and identification signs on the
Commons in accordance with Chapter 272, Signs, provided that such review and
approval or disapproval shall not be required when the private advertising and/or
identification sign is in connection with a marquee, canopy or sunscreen when the
permission for the marquee, canopy or sunscreen has been granted by the Planning
and Development Board or the Ithaca Landmarks Preservation Commission pursuant to
Chapter 170, Encroachments.
(c) Design and placement of public identification, informational and directional signs and
graphics on the Commons.
(d) Design and placement of, and materials used in, street furniture, such as benches,
outside dining facilities, trash containers, flags, kiosks, [phone booths], playground
equipment, commemorative plaques, and similar items used on public property on the
Commons.
(e) Design, placement and use of decorations on the Commons.
(f) Installation or use of public or private sound amplification and transmission systems
or equipment on the Commons.
(g) Other duties and responsibilities as may be assigned by the Mayor or Common
Council and to make such other recommendations to the Mayor and Council and other
public boards, officials, groups, or individuals as may be appropriate relative to the
operation and administration of the Commons.
(2) Indirect. The Commons Advisory Board will review and advise on those matters
listed below:
(a) Type, placement and amount of landscaping on the Commons.
(b) Public lighting on the Commons.
(c) Public and private construction, renovation and rehabilitation of building facades and
open spaces (parking areas, entries, etc.) except for the installation of a standard
awning or a standard canopy and demolition on the Commons. Review shall be in terms
of aesthetic character, visual effect and operational impact, provided that such review
and advice shall not be required when the construction, renovation and rehabilitation
applies to a marquee, canopy or sunscreen where the approval for such marquee,
canopy or sunscreen has been granted by the Planning and Development Board or the
Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments.
(d) Public maintenance and repair on the Commons.
(e) Traffic movement, parking and delivery methods around the Primary and Secondary
Commons.
(f) General maintenance of order on the Commons.
(g) Placement, size, and type of public artwork, in any form, on and around the Primary
and Secondary Commons.
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Article II. Use of the Commons
§ 157-5. Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities,
displays, exhibits, commercial sales and other uses of the Commons. Such use permits
will be issued in accordance with the provisions of this section. General classes of
permits that will be referred to the City Clerk or the Commons Advisory Board include:
(1) Commons use permits, including pavilion reservations, [special] event permits,
information table permits, [merchant requests to display goods,] and driving on the
Commons. For information on Commons loading zones, see §157-9H.
(2) Use of amplified sound on the Commons including public address systems,
bullhorns, sound amplifiers, and loud-natured acoustical musical instruments, such as
horns, drums, and other percussion instruments.
[(3) Animals Licensed dogs are allowed on the Commons by permit[s,] only
[including permits] for residents and businesses on the Commons, with written
permission from the property owner. The permit allows the dog to be brought
onto the Commons by the shortest and most direct path to and from the business
or residence. It does not allow the dog to be on the Commons in any other way.
The permit is valid for one year from the time of issuance, and must be carried
with the dog’s owner at all times.]
(4) External speaker permits for businesses on the Commons which utilize external
sound systems that project onto the Commons.
(5) Outdoor dining permits, including storefront dining permits for restaurants, and
Commons space permits for use by the [Ithaca Downtown Partnership] Downtown
Ithaca Alliance.
(6) Mobile vending agreements. [including monthly, seasonal, and annual vending
agreements.]
B. Permit issuance.
(1) All requests for permits must be submitted to the City Clerk's office. The City Clerk
may ask for additional information, and/ or request a personal appearance before the
Commons Advisory Board to present the details of a permit application.
(2) Review of permit requests shall include scheduling of specific time, [and] duration,
and location of the proposed use or activity [, length of time that the permit is to be
valid, and]. It may also include any special conditions or restrictions that should be
placed on the permit. Permits will be approved by the City Clerk or his/her designee for
a specific activity, specific date, specific time period, and specific location on the
Commons.
(3) The Commons Advisory Board shall serve as an appeals board for people whose
permit applications have been denied or who feel that unreasonable restrictions have
been placed upon their permit.
(4) When a request is approved or conditionally approved by the Board, the issuance of
a permit will be authorized subject to any conditions which have been imposed by the
Board or which may be required by the City. Permits will be issued by the City Clerk or
his/her designee. The applicant will be notified of the Board's decision within five
business days after a decision has been rendered.
(5) Any permit which has been reviewed and approved by either the City Clerk or the
Commons Advisory Board may be revoked or amended if it is determined that the
activity for which the permit was issued is not being carried out in a manner that meets
the terms of the permit.
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(6) If a request for a permit is denied by the Board, the applicant will be informed of the
reasons therefore in writing within five business days of the decision.
(7) The City Clerk will be responsible for notifying appropriate City staff of permit
issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
C. Report of permit activity. A report on requests for permits and approved activities
scheduled will be made at the regular meeting of the Commons Advisory Board.
§ 157-6. Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be:
(1) To supervise all materials, displays, products, equipment, and volunteers. [and
any other material at all times.]
(2) To entirely remove or properly dispose of all material and equipment used in any
activity at the end of the use time and to leave the Commons in the same or better
condition than when the event began. See also § 157-18A. Maintenance
Guidelines
(3) To remove [or] and properly dispose of all litter and trash created by the [permit
holder's] activity, use, or event.
(4) To hold the City of Ithaca free and clear of any responsibility for any materials,
products or equipment used in any activity or event on the Commons and for any
damages, accidents or incidents which may occur in conjunction therewith.
(5) To show proof, when required by the City Clerk, that liability insurance in an amount
to be determined based on the nature of the event has been obtained, naming the City
of Ithaca as an “Additional Insured” on the certificate.
(6) To comply with all of the applicable conditions and guidelines as set forth by the
Commons Advisory Board and the City of Ithaca. in issuing a permit
(7) To provide a security deposit, when required by the Superintendent of Public Works,
the Commons Advisory Board or the City Clerk, to cover anticipated cleaning and
repair costs.
(8) To show proof, when required, of various documents including a New York State
sales tax certificate or Health Department certificate.
B. A permit holder or vendor shall not discriminate against the people attending his or
her event or patronizing his or her business because of actual or perceived: age, creed,
color, disability, ethnicity, familial status, gender, height, immigration or citizenship
status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
§ 157-7. General Commons rules; signs, displays and temporary planters.
[Amended 4-5-2006 by Ord. No. 2006-10]
A. The following rules apply to all uses and activities on the Commons:
(1) The f[F]ire lane[s are] is to be kept open and free of any obstructions at all times.
No exhibit or item will be permitted to locate in [a] the fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m.
and 10:00 p.m.[, and]. In scheduling events and activities on the Commons,
consideration will be given to the people living and doing business on and around the
Commons. Amplified sound, is allowed on the Commons by permit only. On
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weekdays, amplified sound is allowed from 11:00 a.m. to 2:00 p.m.; and 5:00 p.m.
to 10:00 p.m. On Saturday and Sunday, amplified sound is allowed from 10:00
a.m. to 10:00 p.m. Performers will be required to schedule 20 minutes of quiet
time for every hour of amplified sound.[before 10:00 a.m. and may not extend
beyond 10:00 p.m.] Requests to extend the hours of amplified sound may be made
to the Commons Advisory Board. [without special permission by the Commons
Advisory Board.]
These regulations do not pertain to Special Events that are regulated under §132-
7 of the City of Ithaca Municipal Code.
(3) [No user will be permitted to reserve a location on the Commons for more than five
events in any calendar year with the exception of the [Ithaca Downtown Partnership]
Downtown Ithaca Alliance. A single event is defined as being limited to three
consecutive days in duration. Applicants requesting events of a longer duration may be
temporarily placed in mobile vending sites as available.] Requests for multiple
permitted events (3 or more) in a calendar year, by a single user requires
approval by the Commons Advisory Board. Requests for weekly recurring events
will be considered by the Commons Advisory Board for Mondays, Tuesdays, and
Wednesdays.
(4) Rain dates will not be scheduled at the time the original permit is issued but, in case
of rain, every effort will be made to reschedule the event at the earliest appropriate time
upon written request from the event organizer. Reapplication for a permit will not be
required.
(5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from
storefronts and businesses [shall be] is prohibited.
(6) No person shall litter, [or] throw, or scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the
Primary/Secondary Commons shall not be permitted without a [vending agreement]
valid permit, except that the sale of event-specific items and items related to, and
being sold by, a not-for-profit organization, or a business located on the
Primary/Secondary Commons shall be allowed pursuant to approval and permit by the
City Clerk and/or Commons Advisory Board.
(8) Promotional, advertising, banners or other materials are not to be placed across the
Commons or affixed to any pavilion[s] or other infrastructure, except in cases where a
Commons use permit has been approved.
(9) No person shall climb upon or permit minors in his/her custody to climb upon [the
fountain structure,] any structure, public art piece, light poles, or trees, or into planters
on the Commons.
(10) No items or animals shall be leashed, affixed or bound to any light poles, trees,
planters, pavilions or other infrastructure on the Commons, except in cases where
approval by the Department of Public Works or the City Clerk has been granted.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons
merchants would be allowed to display and sell merchandise on the Ithaca Commons.
[with a Commons use permit approved by the Commons Advisory Board.]
(12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of Ithaca
Municipal Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a permit
by the Commons Advisory Board.
(14) Shopping Carts as defined in §157-3 above are not allowed on the Commons.
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B. Signs; merchandise displays; temporary planters. A business, organization, or
establishment may have a signs and/or displays, to advertise the business in that
location. Outdoor display of goods and merchandise are limited to the items sold
within the retail establishment, subject to the following restrictions or privileges:
(1) There may be [only one] a total of two freestanding signs or displays (not both) per
business entrance, regardless of the number of businesses or organizations within the
building. Where the word "sign" is used alone hereinafter, it refers to a sign or display.
(2) For the Primary Commons, freestanding signs may be up to 48 inches tall. [and
must abut the building, extending only 24 inches into the sidewalk area or to the fire
lane, whichever is less.] Signs may not extend beyond 7 feet from the building front.
[into the fire lane]. For the Secondary Commons, signs may be up to 48 inches tall by
24 inches wide and must be placed by the curb of the street in front of their building
face, not blocking the opening of car doors or access to parking meters, and must allow
at least 60 inches (five feet) for a pedestrian right-of-way between the sign and the
buildings.
(3) All signs must be made of durable material and be heavy enough to remain in place
in all weather and must present a professional appearance.
(4) Signs must be maintained in good condition, with no rust, peeling paint, peeling
laminate or broken sections. [, and ] Outdoor signs and displays must not include
any objects with sharp edges, protrusions or other features which may be
hazardous to the public.
(5) Merchandise displays may be 60 inches tall. [and extend 24 inches into the sidewalk
area or to the fire lane, whichever is less.] Displays may not extend [into the fire lane]
beyond 7 feet from the building front. The display base shall be of a size no greater
than 24 inches square and shall be made of a durable material and shall be heavy
enough to remain standing in all weather. Displays must be maintained in good
condition. [as are the signs]. The owner of signs or displays must keep the area around
the signs clear of snow and debris on and around the signs at all times. See also § 157-
18A. Maintenance Guidelines
(6) Temporary planters for flowers and plant display shall abut the building and extend
no more than [18] 24 inches into the pedestrian walkway or the fire lane, whichever is
less. A planter must be at least [18] 24 inches tall at the lip of the planter. Planters may
extend the length of the business. Planters must be maintained in good condition, filled
with plants or flowers, and must be kept free of snow and debris in and around the
planters. See also § 157-18A. Maintenance Guidelines
(7) No sign, merchandise display or planter may block or obstruct a fire suppression
system affixed to a building or impede traffic flow in or out of building entrances.
(8) Businesses with outdoor dining permits must keep their signs, merchandise displays
and planters within their designated outdoor dining area.
(9) All signs and merchandise displays must be taken in at the close of the business day
and inclement weather conditions. See also § 157-18A. Maintenance Guidelines
(10) Downtown Ithaca Alliance [The Ithaca Downtown Partnership] shall be allowed to
place signs [for community events and concerts] at or near the Bernie Milton Pavilion
[four Commons pavilions and/or] and the [three] four entrances to the Commons
(Aurora Street, Cayuga Street, and Seneca Street and Home Dairy Alley). These signs
shall not impede pedestrian traffic or block fire lanes.
(11) [Signs, ]Outdoor food sales [and merchandise displays and planters] are not
permitted during Special Events on the Commons. Outdoor dining establishments
with an agreement with the City are exempt from this provision. [listed as food
vendor blackout dates, as per the Ithaca City Clerk's office.]
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(12) The building owner shall be liable for any violations under this Section. [and §157-
32.] The building owner is responsible for following the requirements of the City of
Ithaca Sign Ordinance (Chapter 272) in determining the rights of building tenants to
place signs, merchandise displays or planters on the Commons. The building owner
may not charge any fees for the use of a sign in public space.
§ 157-8. Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory Board or its designee, no
person shall operate or cause to be operated on the Ithaca Commons any boom box,
tape recorder, radio or other device for electronic sound amplification in a loud,
annoying or offensive manner such that noise from the device interferes with
conversation or with the comfort, repose, health or safety of others.[ within any building
or at a distance of 25 feet or greater.] Refer to City of Ithaca Municipal Code Chapter
240 entitled “Noise” for further information.
B. Except by special permit issued by the Commons Advisory Board or its designee, no
person shall operate or cause to be operated any boom box, stereo system, tape
recorder, radio or other device from on or inside any building on the Ithaca Commons,
the sound from which is directed outside towards the pedestrian mall.
C. The provisions of Subsections A and B above shall not apply to emergency warning
devices, sirens, alarms or other devices being used solely for public safety purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00
p.m. and 10:00 p.m., Monday through Friday, and between 10:00 a.m. and 10:00 p.m.,
Saturday and Sunday, upon approval of a noise permit by the Commons Advisory
Board or its designee. Sound levels should be kept low and subject to immediate
volume reduction upon [when] request[ed] by any City official, staff member of the
Downtown Ithaca Alliance [Ithaca Downtown Partnership], or member of the
Commons Advisory Board.
E. The use of supplemental lighting, movie and slide projectors and any other type of
electrical equipment or display will be carefully reviewed by the City Clerk, City
Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard
conditions.
§ 157-9. Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the Commons
[pursuant to the approval of a Commons use permit. Permits shall be issued for use]
between the hours of 6:00 am and 9:00 a.m. [and between 9:30 p.m. and 12:00 am
]each day of the week except on days when major festivals are planned. A valid
pay and display ticket shall be visible on the dash of each vehicle. All vehicles
shall enter the Commons on the West end (Cayuga Street) and exit on the East
end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane.
Businesses with rear access should continue to use that space for deliveries and
service work. Vehicles may not be unattended for more than 5 minutes. No
parking of vehicles is allowed. Any vehicles remaining on the Commons after 9:00
a.m. shall be subject to towing at the owner’s expense.
Requests to drive a vehicle on the Commons during [daytime ] other hours, vehicles
with a gross weight over 10,000 pounds, and vehicles with trailers, require
additional consideration and [permission granted] a permit issued by the City Clerk.
[and/or the Mayor. before a Commons Use Permit may be issued. ]Permits will only be
issued for a two hour time period.
B. No vehicle shall operate at a speed greater than five miles per hour., The use of a
flagger and/or hazard flashing lights is required for any permit granted by the City Clerk.
C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a
flagger is required. This provision shall not apply to emergency vehicles when operating
during an emergency situation.
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D. Any vehicle which must remain on the Commons as an integral part of a display or
exhibit or if extended service is necessary must be able to be moved immediately.
[E. Except for businesses without rear access, delivery vehicles will not be permitted to
drive on the Commons for front door delivery. Permits for delivery vehicles will only be
issued for after 9:00 p.m. and before 9:00 a.m. ]
E[F]. Municipal and utility vehicles will be permitted on the Commons for the minimum
time necessary to complete their task. Notification of such shall be made to the City
Clerk’s office prior to beginning the work, when possible.
F[G]. Precautionary measures must be taken to prevent dripping of oil, transmission
fluid and other fluids on the concrete when a vehicle is stopped. In the event that
drippings of oil or other fluids occur, the set guidelines for removal of stains on concrete
pavers, listed in this ordinance must be followed. See also § 157-18A. Maintenance
Guidelines
G[H]. Ithaca Commons loading zones. Use of the loading zones at the entrances to the
Commons is strictly reserved for vehicles making deliveries or loading and unloading
passengers. No other use of the loading zones shall be made without the express
written permission of the Chief of the Police Department.
§ 157-10. Bicycles and other wheeled devices.
A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is
prohibited on the Primary and Secondary Commons. Standing or sitting astride a
bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby
strollers [carriages] and similar devices intended for the convenience and comfort of
infants or people with disabling conditions are permitted on the Commons. Nothing
herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or
having a bicycle or skateboard in the pedestrian's possession while on the Commons.
B. No person shall park any bicycle against windows, trees, light poles, planters or other
infrastructure [on the main traveled portion of the sidewalk] in any such manner as to
constitute a hazard to pedestrians, traffic or property. Bicycle racks are provided at
different locations on the Commons for the storage of bicycles on a short-term
and/or daily basis only.
C. Bicycles may be impounded for the following reasons:
(1) There is reasonable cause to believe the bicycle has been stolen;
(2) There is reasonable cause to believe the bicycle has been used in the commission
of a crime;
(3) The bicycle has been parked in violation of Subsection B above, and the owner or
person authorized to possess the bicycle has refused to remove it or has not been
identified after a reasonable inquiry; or
(4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it
must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle
by the Ithaca Police Department warning that it may be impounded unless moved
within 24 hours.
D. A violation of this section shall be punishable by a fine of not more than $50. A
second violation within three years is punishable by a fine of not more than $150 or a
conditional discharge requiring not more than 40 hours of community service and not
less than $50 or a conditional discharge requiring not less than 15 hours of community
service. A third violation within three years is punishable by a fine of not more than $250
or a conditional discharge requiring not more than 60 hours of community service and
not less than $100 or a conditional discharge requiring not less than 25 hours of
community service.
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§ 157-11. Alcoholic beverages.
No alcoholic beverages may be sold or consumed on the Ithaca Commons except by
special permit approved by the Common Council for a specific date, location and
duration. Liquor and general liability insurance may be required in an amount to
be determined based upon the nature of the event; but, in no case, shall it be less
than $1,000,000.00. The liability insurance certificate must name the City of Ithaca
as an “Additional Insured” on it for the duration of the event.
§ 157-12. [Animals] Dogs and Other Animals.
Licensed dogs, restrained by an adequate collar and leash and under the control
of its owner are allowed on the Commons. Dogs may not engage in unreasonable
howling and/or barking so that it disturbs or annoys any person of reasonable
sensitivities other than the person owning or harboring such dog.
Unreasonable howling or barking or other noise shall include, but not be limited
to, the following:
(a) Howling, barking or other noise made by a dog and continuing for more than
three cumulative minutes in any sixty-minute period; or
(b) The existence of complaints concerning the noise from persons living or
working in the vicinity of the noise and who are affected by it.
Dogs shall not cause damage or destruction to public or private property.
The owner or other person responsible for the dog shall promptly pick up and
remove any solid waste related to the dog defecating or vomiting. See also § 157-
18A. Maintenance Guidelines
Dogs shall not chase, leap on, or otherwise harass any person or other animal in
such manner as reasonably to cause intimidation or to put such person or animal
in reasonable apprehension of bodily harm or injury.
Dogs shall not be leashed, tied or bound to any light poles, trees, planters,
pavilions, bicycle racks or other infrastructure on the Commons.
[F.] Animals that are included in a venue during a special event scheduled on the
Commons are allowed subject to the approval of a permit by the City Clerk and/or
Superintendent of Public Works.
A. No animals are allowed on the Primary Commons except by special permit. This
provision does not apply to [Seeing Eye] Service [Dogs, service] animals providing
assistance to people with disabling conditions special needs and police working dogs.
B. Owners or tenants of residential or commercial premises on the Primary Commons,
whose only access to their premises is from the Primary Commons, may apply to the
City Clerk for a special permit. Such permit shall be conditional [on] upon compliance
with all City laws and ordinances pertaining to animals, and as outlined above in
§157-5(3).
C. A permit shall allow tenants and owners of premises on the Primary Commons, or
the customers of businesses that require the presence of animals to perform the
function of the business, to transport their animals to and from their premises in the
shortest and most direct route possible. Animals shall be leashed or transported in
carriers.
D. The permit shall not be transferable and is revocable at any time should the permit
holder fail to comply fully with the terms of the permit. The permit shall be valid for the
duration of the owner's lease or ownership of premises on the Commons or for a period
of one year, whichever is shorter. The permit shall be renewable annually upon
application to the City Clerk. The permit fee shall be set by the Commons Advisory
Board. No more than two permits shall be issued for each residential or commercial
March 4, 2015
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unit. In the case of a business that requires the presence of animals to perform the
function of the business, one permit shall cover the business and all of its customers.
In addition, a valid New York State dog license is required, and must be presented
at the time of application for the permit.
E. The Commons Advisory Board shall review each application for a business permit
and shall grant such permit upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of the
three primary Commons entrances (Aurora Street, Seneca Street or Cayuga Street);
(2) That the permit shall be for the movement of animals to and from the business and
shall not allow for the loitering of animals in the permitted area;
(3) That the dog owners or other persons responsible for the dog are responsible for
promptly removing any animal waste pursuant to § 164-9 of the City of Ithaca Municipal
Code which is not preempted by this section; and
(4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be
responsible for the cleaning of any animal urine or feces that is deposited in the permit
area.
§ 157-13. Posting of bills and notices.
A. Posting of bills or notices or the attachment of any unauthorized devices to any
public structures of the Commons is prohibited. Exceptions to this regulation shall be
the display panels located in the [three] [towers of] the Commons. Bulletins shall be
placed in such display panels by the Downtown Ithaca Alliance [Ithaca Downtown
Partnership] and shall be removed by the [Ithaca Downtown Partnership] Downtown
Ithaca Alliance after a reasonable period of time, to be determined by the [Ithaca
Downtown Partnership] Downtown Ithaca Alliance.
B. The directories [display panels] shall provide [three types of] display space for the
following:
(1) Official Commons activity announcements. This space is reserved for the use of the
Downtown Ithaca Alliance [Ithaca Downtown Partnership] to announce activities and
dates of events on the Commons and in the community.
(2) Public announcements. This space is available for general community public use.
Material posted should be of reasonable size and limited to the announcement of public
events such as local civic, artistic and cultural activities; it may not include personal
messages, profit-motivated events or political promotional material. Posters and notices
to be displayed shall be received, posted and removed by the Downtown Ithaca
Alliance [Ithaca Downtown Partnership]. They should be dated and will not be left on
display for more than two weeks.
(3) Directory. This space is reserved for a directory of all business space located on the
Commons and [should] will be updated periodically by the Downtown Ithaca Alliance
[Ithaca Downtown Partnership].
C. If a request for posting a public announcement as defined in this section is not
honored or is denied by the Downtown Ithaca Alliance [Ithaca Downtown Partnership],
a letter of appeal may be forwarded to the Mayor for consideration.
§ 157-14. Newsracks.
[The Commons Advisory Board] The Downtown Ithaca Alliance shall administer
[regulate, place, and monitor] the placement of newsracks on the Commons [on a
routine basis in order to preserve the atmosphere and appearance of the Commons].
Requests to use the newsracks will be considered in accordance with the policy
approved by the Commons Advisory Board.[ in an attractive and inviting manner.
Newsracks shall be placed so that they are easily accessible to the public, but are not
March 4, 2015
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located within a pedestrian walkway, or areas dedicated for public art, events, outdoor
dining or vending, or other uses.]
§ 157-15. Refuse.
Commons businesses and residents will be allowed 24/7 access to a secure
disposal facility. Private trash and recycling will not be collected on the
Commons.
Only authorized users with key access will be permitted to use the disposal
facility. Users will need to place trash in authorized bags. In the event that the
transport of trash results in drippings or leaking fluids on the Commons, the
guidelines for cleaning stains established by this ordinance are to be followed.
See also §157-18A. Maintenance Guidelines
Fines will be imposed for users who abandon unaccepted items or who dispose
of trash without using an authorized bag.
A. All refuse, rubbish and litter generated by public use of the Commons must be placed
in receptacles provided for that purpose.
B. Recessed store entrances, foyers or other areas within the building lines shall at all
times remain the responsibility of the tenants or owners, who shall keep them in a clean
and sanitary condition. The sweeping or depositing of refuse or other litter onto the
Commons is not permitted.
§ 157-16. Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons,
except by permit issued by the Superintendent of Public Works.
§ 157-17. Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or
flowers or the defacing or damaging of property is prohibited unless expressly
authorized by the Superintendent of Public Works.
§ 157-18. Cleaning and repairing.
All users involved with activities on the Commons shall be responsible for cleaning and
repairing to assure that the Commons will be returned to its prior condition previous to
its use. Failure to comply with this provision shall result in the City's taking necessary
action to clean and repair the Commons and to restore it to its prior condition. In such
case, the City shall bill the user for the cost of such repairing or cleaning, both on the
[Ithaca] Commons and on the surrounding business improvement district. It is expected
that the same level of maintenance will be extended to the entire business improvement
district as prevails for the [Ithaca] Commons. This provision shall not relieve the City
from performing normal, routine cleaning and maintenance activities.
A. Maintenance Guidelines
1. Stain Removal Guidelines
i. The City recognizes that during the regular use of the
Commons, spills, drippings, and other stains may occur on
occasion. In order to maintain the integrity of the pavers ,
the following are guidelines for removal of common stains
and should be observed whenever possible:
Treatment for Common Stains
Stains Treatments
1. Oil and grease
Soak up excess oil with rags. Then
cover with an oil absorbent material,
like kitty
litter. Leave on stain for 24-48 hours,
March 4, 2015
24
and then sweep dry. Another option
would be
to apply a 100% pure citrus degreaser,
directly to stain, and then blot up with a
rag
and hose area down.
2. Chewing Gum
Apply small amount of dry ice and then
scrape off with a putty knife or apply
100% pure citrus degreaser, apply
directly to gum marks and scrape off.
3. Paint
Use rags to remove excess paint by
blotting, do not wipe, it will spread the
paint around. If the paint is a latex,
water based, soak with hot water and
scrub by using
detergent with a stiff bristled brush.
Rinse periodically, repeat as necessary.
Oil, paint and sealer remover is a
specialized cleaner that can be applied
after
oil-based paint has dried. Follow
manufactures instructions.
4. Leaf and Wood Rot
Apply household bleach and scrub with
a stiff bristled brush.
5. Mortar
Try to remove immediately with a
garden hose. If that is not possible, let it
harden and remove with a scraper or
putty knife.
6. Tobacco
Apply household bleach and scrub with
a stiff bristled brush.
7. Rust Stains
Directly apply Rust Stain remover to the
effected spots to lift these types of
stains. Contact Hanover® for specific
material.
8. Grease drippings from
food, ketchup, mustard
Apply general concrete paver cleaner to
these types of stains.
9. Clay Soils
Scrap off the dry built-up material with
putty knife, scrub and rinse off with hot
water. A detergent may be necessary to
release the stain.
10. Tar
Apply 100% pure citrus degreaser.
Apply directly to stain, blot up with a
rag and then hose area down.
11. Tree Sap
Apply 100% pure citrus degreaser.
Apply directly to stain, blot up with a
rag and then hose area down.
12. Concrete dust from cutting
Rinse immediately with water and/or
use a cleaner designed for cleaning
concrete pavers
Please Note: If the stains are severe and cannot be removed, pavers can be
replaced with new materials. Unlike other paving materials, concrete pavers will
not have the extreme unsightly patch marks.
2. Snow Removal Guidelines
i. Snow Removal
1. For removal of snow on the Commons surfaces, only
rubber or nylon tipped shovels or snow blowers may
be used. Snow blowers should not contain chains
on the tires, as they could damage the face of the
pavers.
ii. De-Icing
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25
1. Rock salt should never be used on the Commons
Surfaces
2. For ice melting, Magnesium Chloride may be used,
but should be swept off of the surface once the ice is
melted.
§157-19. Fees.
Permit and use fees will be established by the Commons Advisory Board in consultation
with the Board of Public Works. Fees may be waived or reduced by the Commons
Advisory Board if deemed in the best interest of the community. All fees shall be paid at
the time the permit is issued.
§157-20. Street Performers
Street performers and acoustical musicians may perform on the Ithaca Commons
between 10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and
10:00 p.m. on Friday and Saturday. All street performers shall locate along the
edge of the fire lane and must remain mobile at all times in case emergency
vehicles require access to the area. Performance equipment and materials may
not be left unattended. Street performers must move to a different location every
45 minutes. The Commons Advisory Board reserves the right to designate
specific areas for street performers.
The use of amplified sound or fire during a performance is only allowed by permit
from the Commons Advisory Board. Loud natured acoustical instruments such
as horns, drums and other percussion instruments require a permit from the
Commons Advisory Board. Performers are responsible for monitoring and
controlling the volume of sound they make and must reduce the volume upon the
request of the Ithaca Police Department, City Clerk staff, Downtown Ithaca
Alliance staff, or a member of the Commons Advisory Board.
Performers may accept voluntary donations but shall not base their performance
upon payment or aggressively solicit contributions.
Performers must not be under the influence of alcoholic beverages or controlled
substances while performing. Ithaca Police Officers may require performers to
relocate or leave the Commons area if they are creating a disturbance that
negatively impacts the businesses or residents in the area.
At the conclusion of a performance, the performer is responsible for removing
any debris, trash, or litter associated with the performance or audience.
Article III. Outdoor Dining
§ 157-21. Applications; rules of operation; permits; appeals.
A. The City Clerk shall review and consider outdoor dining applications for food
establishments on the Primary and Secondary Commons. No establishment shall be
permitted to use City property for outdoor dining purposes without an approved permit in
place. Applications shall include the following documentation:
(1) Certificate of general liability insurance in an amount to be determined based
upon the nature of the event, but in no case shall it be less than $1,000,000.00; it
must also name the City of Ithaca as an “Additional Insured”.
(2) Proof of worker's compensation insurance.
(3) If alcohol is to be served, additional liquor liability insurance is required in an
amount to be determined, but in no case shall it be less than $1,000,000.00. It
must name the City of Ithaca as an “Additional Insured”.
(4) Sketch of area, with dimensions. Show storefront, curb, dining area and other
important items (e.g., trees, fire hydrants, etc.).
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(5) A use fee shall be submitted with the completed outdoor dining application and
required paperwork.
B. Rules of operation.
(1) The dining area shall be adjacent to the business holding the agreement. On the
Primary Commons, the area may not extend out from the building more than 7 feet.
[The area may extend out from the building, but not more than five feet.] The dining
area shall not block the fire lane[s] or impede pedestrian traffic flow, and shall not
extend beyond the agreement holder's storefront.
(2) [If alcohol is served ]The dining area shall be contiguous to the establishment, and
physically defined.[, and] Establishments serving alcohol require approval from
Common Council [is required] through the City Clerk’s office.
(3) The merchant shall be completely responsible for all aspects of the area, including
cleanliness, trash, and stain removal.
(4) The outdoor dining season shall be from April [January] 1 until March [December]
31. Outdoor dining furniture may not impede the City's efforts to remove debris, or
snow and ice accumulations from the Commons.
(5) Applications must be submitted and approved annually.
(6) Furniture and fixtures, signs, and means used to define the dining area, will be
allowed only during the approved dining hours and within the sidewalk markings
provided by the City. Permittees shall be held responsible for the actions of their staff
and customers.
(7) The area used is subject to periodic review by City staff.
(8) Any permittee who violates §157-21 B (6) regarding the placement of outdoor
dining furniture and fixtures shall receive a written warning for the first violation.
The permittee shall be liable for a civil penalty of $250 for the second violation in
a twelve-month period, $500 for the third violation in a twelve-month period, and
$1,000 for the fourth and subsequent violations in a twelve-month period. In lieu
of a $1,000 fine, the permittee may agree to a temporary permit revocation of
seven consecutive days within the month the violation is served.
(9) The City reserves the right to require a security deposit if the site is not maintained
free of trash, litter, grease and stains. Merchant is responsible for removal of stains or
drippings in accordance with the guidelines for stain removal established by this
ordinance. See also § 157-18A. Maintenance Guidelines
(10) The City may terminate this agreement at any time without cause, in which case
the applicant shall be reimbursed for the period of time which would be remaining on the
agreement if the agreement were not terminated before expiration.
(11) The City may terminate this agreement for the following causes, including but not
limited to:
(a) Violation of the guidelines and requirements listed above.
(b) Fraud, misrepresentation or false statements in the agreement application.
(c) Violation of any ordinances, regulations or laws applicable to the holder of such
agreement.
(12) If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for outdoor dining shall be given in writing, setting forth
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specifically the grounds of the complaint. The applicant shall have a right to a hearing in
front of the Commons Advisory Board on the proposed revocation or suspension.
(13) The Commons Advisory Board shall have the right to terminate or re-instate the
agreement. Such decision shall become effective immediately.
(14) Any applicant whose agreement is revoked under this regulation may not reapply
for another agreement until the expiration of one year from the date of revocation.
(15) The applicant shall not discriminate against any employee, applicant for
employment, subcontractor, supplier of materials or services, or program participant
because of actual or perceived: age, creed, color, disability, ethnicity, familial status,
gender, height, immigration or citizenship status, marital status, national origin, race,
religion, sexual orientation, socioeconomic status, or weight.
C. The City Clerk shall be authorized to issue permits to the Downtown Ithaca Alliance
[Ithaca Downtown Partnership] for placement of tables and chairs for dining and leisure
purposes on the primary and secondary Commons during the warm weather season.
D. Appeals for denied agreements. Any person or group that has been denied an
agreement for outdoor dining on the Ithaca Commons may appeal such decision to the
Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's
office within 10 days from the date of denial. The Commons Advisory Board may act to
sustain the original decision or to revise it, with or without conditions.
Article IV. Mobile Vending [Cart Regulations]:
§157-22 Mobile Vending Cart Regulations:
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcohol only)/merchandise. Vendors selling
food/beverages need to check with the Health Department regarding their
regulations.
(2) Non food/merchandise for sale/services.
(3) See §157-28. Exceptions
B. Definition of Mobile Vending: selling food/beverage/merchandise/services
from a wheeled carrier that can move easily without the use of a vehicle or power
source. Carts must be battery-operated and completely self-contained as the City
does not provide water or electric to the vendors. The use of generators is
prohibited.
C. Cart Construction Requirements: Vending carts must be constructed in a
professional manner and using methods and techniques associated with
good craftsmanship.
(1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet
from the ground; flame resistant or fire retardant canvas or
simulated canvas with a peaked roof that may extend 18 inches
beyond the side of the cart. Canopies and awnings must be fastened
to all corners. Umbrellas must be “windproof” using a standard
metal umbrella holder with a locking devise permanently attached to
the cart.
(2) Box carts: box carts – carts that are shaped like a square or
rectangular box, having a permanent roof, four permanent sides and
limited see-through ability- are not permitted.
(3) Coolers (for food/beverage vendors only): Maximum of two coolers
per cart vendor. Both coolers are required to be stored on the same
dolly. Each food vendor is required to have one dolly. Coolers must
be pressed up against cart or no more than 6” away from cart. All
coolers must be kept in a clean and sanitary condition free of dirt,
grime, grease.
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(4) Display Cases: Must be sturdy, in good repair, and attached to the
cart (preferred). If not attached, they must be heavy enough to
withstand considerable winds or other natural elements.
(5) Fixtures: Good quality hinges, clasps, and other hardware must be
secured firmly to the cart.
(6) Height: Maximum of eight feet (from pavement to highest point of
the cart).
(7) Lighting: Lighting can be used for preparing and serving food and
illuminating a menu. Decorative lighting is not permitted unless
approved by the Commons Advisory Board. Lighting not approved
by the Commons Advisory Board must be removed immediately.
(8) Making carts stationary: Mobile carts must be stationary in their
locations. Locking wheels are preferred. Wheel chocks may be used.
(9) Mats: Required for food/beverage vendors only. Clean solid mat,
minimum 12 square feet, in front of each food cart to capture spilled
food/beverage and waste. No exception. Staff may require
additional mats as needed (under grill area for example). Mats should
be rolled up, removed from the Commons, and cleaned before reuse.
Vendor is responsible for removal of any drippings or stains that
occur at their location. Vendors must use the guidelines for stain
removal established by this ordinance. See also § 157-18A.
Maintenance Guidelines
(10) Maximum Cart Size: No larger than 32 square feet and of reasonable
proportions.
(11) [Measuring the square footage of the cart: Take a bird’s eye view of
the cart, and draw a square or rectangle around the cart. All
protuberances, such as wheels, wheel hubs, handles, bumpers, etc.
must be included inside the square or rectangle. A canvas awning,
canopy or overhang does not affect the maximum size of the cart.]
(11) One structure only: Cannot use more than one structure per vendor
location.
(12) See-through ability: Must be able to see through at least two sides
of the cart at all times.
(13) Signage: Product brand names, related to products being sold, are
permitted on umbrellas. All signs are subject to rules as outlined in
City of Ithaca Municipal Code Chapter 272 entitled “Signs”.
(14) Tables: No free-standing tables. Built in, folding-down tables
attached to the actual vendor cart are acceptable, provided they have
been approved by the Commons Advisory Board.
(15) Trash/Recycling receptacles: Each vendor must have a trash
container with a lid and trash bags must always be used. Vendor
must also have a recycling container. The vendor must follow the
strict “carry in/carry out” policy of the City of Ithaca. Vendors may
not use Commons trash receptacles. Vendor may use the secure
trash facility used by Commons businesses through the purchase of
an access key and authorized trash bags.
(16) Wheels: Minimum six inch diameter. Two large wheels and one
small wheel are acceptable. seem to provide the best
maneuverability. [Bicycle type wheels are ruined with winter salt.]
(17) Shopping carts are not allowed as part of the mobile vending space.
§ 157-23 . Location.
The Commons Advisory Board is authorized to determine appropriate locations where
vending shall take place. The City Clerk's office shall maintain and make available to the
public a map of approved vending locations.
§ 157-24. Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m.
Carts[,and tents] must be removed from the Commons between the hours of 10:00 p.m.
and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain
permission from the Commons Advisory Board.
March 4, 2015
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§ 157-25]. Agreements.
A. The City Clerk may issue agreements for mobile vending on the Commons
pursuant to the Mobile Vending Map, which is approved by the Commons
Advisory Board annually. The City Clerk may refuse to issue an agreement:
(1) If there are no eligible vending sites available [for that season].
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement
the previous vending season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall
be received and considered by the City Clerk. Fees include, but may not be
limited to application fee, security deposit, and use fee. The fees have been
established in accordance with Chapter 170 of the City of Ithaca Municipal
Code entitled “Use of Real City Property”
[(2) Rates for mobile vending shall be set by the Commons Advisory Board in
consultation with the Board of Public Works.]
(2)[(3)] A description of the type of merchandise, service, food or beverage
menu to be offered for sale.
(3)[(4)] Price list of each item[s] being sold.
(4) A description and photograph of the cart [or table layout] to be used.
(5)[(6)] Proof that the applicant has complied with the established regulations of
the Tompkins County Health Department, Ithaca Fire Department and
other appropriate state, federal and local laws and regulations applicable
to the vending business.
(6)[(7)] A certificate of liability insurance in an amount to be determined based
upon the nature of the permit, but in no case shall it be less than
$1,000,000.00. It must also name the City of Ithaca as an “Additional
Insured”. [naming the City of Ithaca as additional insured].
(7)[(8)] Proof of New York State W[w]orker's compensation insurance; or New
York State Worker's compensation exemption certificate [waiver form]
completed.
(8)[(9)] Applicant[s] shall demonstrate that they have a New York State sales tax
certificate at all times while they are vending.
(9)[(10)] A written description of waste disposal plans for trash, water, grease,
and other materials.
(10)[(11)] Proof of 501(C)(3) designation, if applicable.
[(12) Copy of IFD propane permit for solid, liquid or gas-fired
cookng/heating appliances.]
(11)[(13)] The City Clerk may require additional information from the applicant if
deemed necessary.
(12)[(14)] Whenever a name or address provided by the vendor on his or her
agreement or application changes, he or she shall notify the City Clerk
within 10 days of the change.
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C. Mobile vending agreements. Upon receipt of a completed application and
appropriate fees, the City Clerk will [draft] prepare a mobile vending agreement
between the vendor and the City of Ithaca. The City Clerk’s office will maintain the
original agreement on file in their office.[to be signed by the applicant. The signed
agreement shall be reviewed by City staff, and once approved will be forwarded to the
applicant.]
D. Security deposit. A refundable security deposit is required for all vendors. All sites
are subject to periodic review, and the deposit will be refunded upon final site inspection
by the Department of Public Works at the end of the agreement period. Vendors must
comply with guidelines for stain removal established by this ordinance. See also § 157-
18A. Maintenance Guidelines. If grease or other stains are found at the vending site,
the Department of Public Works shall make arrangements with the vendor for clean up
within a specified time period. If the site is not cleaned up within that time period, the
Department of Public Works will clean the site and will subtract the fee from the security
deposit. If additional costs are incurred, the vendor will be billed accordingly.
E. All fees are nonrefundable. [unless the site is reassigned to another vendor. In that
case, the fees will be proportionately refunded.]
F. Requested site location. Sites are listed on the Mobile Vending Map. Site preference
consideration will first be given to [seasonal applicants, second to] returning vendors,
and then on a first-come basis. If two returning [seasonal] vendors request the same
site, the site will be awarded on a first-come, first-serve basis.
§ 157-26]. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are
suspended or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
[(4) Display a copy of their New York State sales tax certificate on their cart at all
times.]
4[(5)] Defend, indemnify, save and hold harmless the City of Ithaca from any and all
acts of negligence arising from the vendor's use of the [Ithaca] Commons and shall be
so duly insured. in an amount to be determined based upon the nature of the
permit, but in no case shall it be less than $1,000,000.00. It must also name the
City of Ithaca as an “Additional Insured”. [by the City of Ithaca, but must be in the
minimum amount of $1,000,000.]
B. The vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of
actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height,
immigration or citizenship status, marital status, national origin, race, religion, sexual
orientation, socioeconomic status, or weight.
§ 157-27]. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of
their equipment within their assigned site. [On specially marked "expansion" sites, the
site may expand to 20 feet by 20 feet in size for an increased fee.]
B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular
traffic to be impeded because of vending operations.
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[C. All sites are open to retail and food/beverage vending except for the sites specifically
marked NF (No food vendors).
C[D]. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is
granted by the Commons Advisory Board.
D[E]. Vending carts must be attended at all times.
[E. Tents with one or two sides and canopies are allowed during the summer season
only and must be removed daily. Off-season, monthly vendors require special
permission from the Commons Advisory Board for the use of tents. ]
E[F]. All carts[,] and equipment [tents and canopies] must be removed from the
vending site at the close of business each day.
F[H]. All vendors must maintain the submitted list of items for sale and prices
[Food vendors must maintain the submitted food menu] throughout the agreement
period unless special permission is granted by the City Clerk or the Commons
Advisory Board.
G[I]. Smoke and/or odors produced by the cooking of foods on a mobile vending cart
must be vented, filtered or disposed of in a comparable manner so as to reasonably
prevent the release of odor or particulate matter into the surrounding environment.
H[J]. Vendors are responsible for trash and waste disposal. Vendors shall provide a
container for trash and litter, and [attached to their carts Vendors shall] be responsible
for the appropriate removal and disposal thereof. [of litter or trash placed in their
containers.] No dumping is allowed in City trash cans, grates, storm sewers, or other
areas.
I[K]. Vendors shall keep public spaces within a ten-foot radius of their cart clean and
free from paper, peelings, oil and grease spills and refuse of any kind generated from
the operation of their cart. If spills do occur, the vendor is responsible for using the
guidelines for proper removal of stains established by this ordinance. See also § 157-
18A. Maintenance Guidelines
J[L]. No music, amplified sound, or repetitive noise that can be heard outside of the
vending site may be played by the vendor.
K[M]. If a vending site remains vacant for three consecutive weeks without notification
to the City Clerk's office, it will be considered abandoned and re-assigned, with no
refunds issued.
[N]. An additional permit for driving on the Commons is required for the purposes of
loading and unloading before 9:00 a.m. and after 9:00 p.m., and is available from the
City Clerk's office upon request.]
L[O]. The City reserves the right to move vendors for necessary maintenance and
repairs on the Commons.
M[P]. The City does not provide water or electric service to mobile vendors.
N[Q]. All vendors shall cooperate with staff members of City of Ithaca and the
Downtown Ithaca Alliance [Ithaca Downtown Partnership employees].
§ 157-28]. Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in
which case the [contractor] vendor shall be reimbursed for the period of time that would
be remaining on the agreement if the agreement were not terminated before expiration.
B. If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
March 4, 2015
32
revocation of an agreement for mobile vending shall be given in writing, setting forth
specifically the grounds of the complaint. The vendor shall have a right to a hearing on
the proposed revocation or suspension before the [CAB] Commons Advisory Board
no sooner than ten (10) days after requesting such a hearing, in writing. Grounds for
termination include, but are not limited to:
(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of
merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an
agreement.
(5) Conduct of the business permitted in an unlawful manner or in such a way as to
constitute a menace to the health and safety of the public.
C. The Commons Advisory Board [CAB] shall have the right to terminate or reinstate
the agreement. Such decision shall become effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply for
another agreement until the expiration of one year from the date of revocation.
§ 157-29]. Ithaca Festival and other events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile
vending carts granted pursuant to this chapter shall include [exclude] days on which it
is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca
Alliance [Ithaca Downtown Partnership] will take place on the [Ithaca] Commons. A
listing of these events and dates shall be maintained by the City Clerk. The vendor will
be required to make application to the event coordinator and pay any additional
fees as required. Vendors may be relocated from their assigned spot during the
event, at the discretion of the event coordinator. Vendors must follow the rules
of each event. Vendors interested in vending during special events [for an additional
fee] should contact the Downtown Ithaca Alliance [Ithaca Downtown Partnership] or
Ithaca Festival offices for information regarding vending requirements for those special
events.
§ 157-30. Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the
status of a United States Armed Forces Veteran pursuant to §32 of the General
Business Law, to the extent legally permitted, shall be required to abide by all
regulations except those concerning fees.
§ 157-31. Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the [Ithaca]
Commons may appeal such decision to the Commons Advisory Board. Such appeal
shall be submitted in writing to the City Clerk's office within ten (10) days from the date
of denial. The Commons Advisory Board may act to sustain the original decision or to
revise it, with or without conditions.
Article V. Exceptions; Penalties
§ 157-32. Limited waivers and exceptions.
The Commons Advisory Board is authorized to grant limited waivers and exceptions to
the provisions of this chapter, as appropriate and for temporary periods not to exceed
one week in duration. Such waivers and exceptions shall be subject to any appropriate
review by the City Clerk's office, Department of Public Works, the Fire Department or
the Police Department.
March 4, 2015
33
§ 157-33]. Applicability of other ordinances.
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca
shall apply to the Ithaca Commons.
§ 157-34. Penalties for offenses.
[Amended 4-5-2006 by Ord. No. 2006-10]Except as otherwise provided, any violation of
the provisions of this law shall be punishable as a civil offense in accordance with §[ ]1-
1, of the City of Ithaca Municipal Code.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Extensive discussion followed on the floor with Council members expressing their
thoughts regarding allowing dogs on the Commons.
Amending Resolution:
By Alderperson Fleming: Seconded by Alderperson McCollister
RESOLVED, That the language in the proposed Ordinance allowing dogs on the
Commons be replaced by with the following language:
“A. No animals are allowed on the Primary Commons except by special permit. This
provision does not apply to Seeing Eye Dogs, service animals providing assistance to
people with disabling conditions and police working dogs.
B. Owners or tenants of residential or commercial premises on the Primary
Commons, whose only access to their premises is from the Primary Commons, may
apply to the City Clerk for a special permit. Such permit shall be conditional on
compliance with all City laws and ordinances pertaining to animals.
C. A permit shall allow tenants and owners of premises on the Primary Commons,
or the customers of businesses that require the presence of animals to perform the
function of the business, to transport their animals to and from their premises. Animals
shall be leashed or transported in carriers.
D. The permit shall not be transferable and is revocable at any time should the
permit holder fail to comply fully with the terms of the permit. The permit shall be valid
for the duration of the owner's lease or ownership of premises on the Commons or for a
period of one year, whichever is shorter. The permit shall be renewable annually upon
application to the City Clerk. The permit fee shall be set by the Commons Advisory
Board. No more than two permits shall be issued for each residential or commercial
unit. In the case of a business that requires the presence of animals to perform the
function of the business, one permit shall cover the business and all of its customers.
E. The Commons Advisory Board shall review each application for a business
permit and shall grant such permit upon the following conditions:
1.) That animals shall be limited to an area between the premises and the closest
of the three primary Commons entrances (Aurora Street, Seneca Street or
Cayuga Street);
2.) That the permit shall be for the movement of animals to and from the
business and shall not allow for the loitering of animals in the permitted area;
3.) That the dog owners or other persons responsible for the dog are responsible
for promptly removing any animal waste pursuant to § 164-9 of the City of Ithaca
Municipal Code which is not preempted by this section; and
4.) That the permittee, should the dog owner fail to fulfill this responsibility, shall
be responsible for the cleaning of any animal urine or feces that is deposited in
the permit area.
F. Animals that are included in a venue during a special event scheduled on the
Commons are allowed subject to the approval of a permit by the City Clerk and/or
Superintendent of Public Works.”
Further discussion followed on the floor regarding revisiting this issue next year to
evaluate activities happening on the Commons post-construction.
March 4, 2015
34
A vote on the Amending Resolution resulted as follows:
Carried Unanimously (9-0)
An extensive question and answer period followed between Common Council and City
Clerk Conley Holcomb. As a result a number of friendly amendments were made to the
proposed language concerning the times that amplified sound is allowed to be used, the
retention of a Common Council liaison to the Commons Advisory Board, the use of the
term “electronic notification” vs. “e-mail correspondence”, and references to dogs on the
Commons, play structures, mobile vending requirements. In addition, Alderperson
Mohlenhoff voiced her support for the levy of fines in addition to the recovery of costs,
for people who do not leave the Commons in the same or better condition after their use
of it for events.
A vote on the Ordinance as Amended resulted as follows:
Carried Unanimously (9-0)
A copy of the Commons Ordinance #2015-04 in final format is available in the City
Clerk’s Office.
10.2 City Watershed Conservation Easements Processes – Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, a conservation easement is a set of legal restrictions that a property owner
can voluntarily place on her or his own land, limiting use and development of the land
forevermore; and
WHEREAS, the City is currently constructing at substantial expense a new water
filtration plant which is fed by a creek; and
WHEREAS, the quality of the water fed by said creek is substantially dependent on the
quality of water provided upstream of the plant by the creek’s watershed, predominantly
outside City limits; and
WHEREAS, overdevelopment of the watershed in the long term would increase the risk
of water quality issues that could prove costly to remedy at the plant itself; and
WHEREAS, the Common Council included in the Fiscal Year 2015 budget $20,000 in
support of the initiative detailed in this resolution; and
WHEREAS, the Common Council desires to establish via this resolution more specific
procedures and guidelines for the disbursement of these funds and any future funds
similarly budgeted for the purpose of watershed conservation easements; now,
therefore be it
RESOLVED, That as part of the annual budget proposal of the Department of Public
Works for the Water and Sewer Division, the Superintendent of Public Works, on
consultation with the Director of Planning, Building, Zoning and Economic Development,
make a recommendation as to what amount, if any, is recommended for inclusion in
their annual budget for purposes of this program; and be it further
RESOLVED, That any funds so budgeted be evaluated for expenditure on transaction
costs necessary to the creation of conservation easements according to the procedures
and requirements set out in this resolution, and such other procedures and
requirements not in conflict with this resolution established by the Director of Planning,
Building, Zoning and Economic Development and the Superintendent of Public Works;
and, be it further
RESOLVED, That applications for expenditure of these funds on particular conservation
easement projects may be submitted by any member of the public, though most
commonly by the Finger Lakes Land Trust, to the Director of Planning, Building, Zoning
and Economic Development or her/his designee; and, be it further
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35
RESOLVED, That the Director of Planning, Building, Zoning and Economic
Development or her/his designee shall evaluate each application according to the
minimum criteria specified in this resolution, among others, and if said minimum criteria
are satisfied, shall circulate the application to the Superintendent of Public Works or
his/her designee (expected generally to include either or both of the City Watershed
Coordinator and the City Environmental Engineer), who in turn shall:
add the application to an upcoming agenda of the Board of Public Works
occurring not sooner than 30 days in the future, and
electronic notification or mail notice of the application to all members of the City’s
Common Council and to the Clerk of the Town or Village in which the
contemplated conservation easement would be created;
and, be it further
RESOLVED, That the Director of Planning, Building, Zoning and Economic
Development, the Superintendent of Public Works, and/or each of their designees make
a recommendation to the Board of Public Works as to their recommended action on the
application under consideration; and, be it further
RESOLVED, That the Board of Public Works deliberate upon, and thereafter approve or
deny, each application for funding of transaction costs of a conservation easement, and
if approved specify the dollar amount, not to exceed $15,000 per application, authorized
for use on the application-specific project to be drawn from the Council-budgeted funds
available to this program at that time, abiding the following minimum criteria, all of which
must be satisfied in support of any approved application:
1. The property owner(s) of the property impacted by the pending application is/are
willing participant(s) in the project;
2. An outside funding match to City's contribution to the application-specific project
is preferred, but not required;
3. Another party will be responsible for property management and stewardship of
any conservation easement created under this program;
4. The project is located in the watershed of Six Mile Creek upstream of the current
location of the sixty-foot dam, and the conservation of the project is deemed by the
Board of Public Works, on the advice of relevant City staff, to be beneficial to long-term
water quality for the City's water supply;
and, be it further
RESOLVED, That applications may be submitted seeking funding support of this
program for fee-title purchases (rather than easements) in support of conservation of
the City watershed, but that such applications shall, after being considered by the Board
of Public Works as specified in this resolution, require a vote of Common Council before
any approval of the application shall be effective.
Discussion followed regarding annual funding thresholds, management of the
conservation easements, and taxable property values.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
Alderperson Murtagh thanked City Clerk Conley Holcomb for her work on the Commons
legislation and City Attorney Lavine for his work on the conservation easement process.
NEW BUSINESS:
12.1 Motion to Enter Into Executive Session to Discuss Collective Negotiations
Pursuant to Article Fourteen of the Civil Service Law - Resolution
March 4, 2015
36
By Alderperson Kerslick: Seconded by Alderperson Brock
RESOLVED, That Common Council Enter Into Executive Session to Discuss Collective
Negotiations Pursuant to Article Fourteen of the Civil Service Law.
Carried Unanimously (9-0)
Reconvene:
Common Council reconvened into Regular Session with no action taken.
12.2 Approval and Authorization to Execute CSEA DPW Unit Contract -
Resolution
By Alderperson Brock: Seconded by Alderperson Clairborne
RESOLVED, That Common Council approves the agreement between the City of Ithaca
and the CSEA DPW Unit for a three-year term commencing January 1, 2012 and
expiring December 31, 2014; and, be it further
RESOLVED, That the Mayor is authorized to fully execute the agreement on behalf of
the City.
Carried Unanimously (9-0)
MAYOR’S APPOINTMENTS:
14.1 Reappointment to the Bicycle Pedestrian Advisory Council – Resolution
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That Daniel Keough be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2017; and, be it further
RESOLVED, That Steven Williams be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire on December 31, 2017, and, be it further
Reappointment to Building Code Board of Appeals – Resolution
RESOLVED, That Lou Vogel be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2017, and, be it further
Appointment to Community Police Board – Resolution
RESOLVED, That Madeline Hause be appointed to the Community Police Board, as the
Youth Member, with a term to expire December 31, 2017, and, be it further
Reappointments to Board of Zoning Appeals – Resolution
RESOLVED, That Marshall McCormick be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2017, and be it further
RESOLVED, That Marilyn Tebor-Shaw be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2017.
Carried Unanimously (9-0)
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported that the ILPC has taken the following actions:
Approved the designation of the Dennis-Newton House as a historic landmark
Approved the designation of the West State/MLK Street Corridor as a local
historic district.
She further discussed the need for enforcement of deteriorating historic buildings,
noting that a historic designation prevents the demolition of these buildings.
Tompkins County Council of Governments
Alderperson Clairborne reported on the upcoming shared services meeting that will
focus on school districts. The intent of the meetings is to have local municipalities and
school districts discuss potential areas of collaboration and increased efficiencies.
Community Advisory Group
Alderperson Brock stated that the CAG received a report from the Department of
Environmental Conservation’s consultant regarding the Ithaca Gun site. The report
March 4, 2015
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stated that the clean-up of the island was complete and that excavation will be extended
to the race way. Testing will begin in the area below the island at the base of Ithaca
Falls in the spring.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the February 4, 2015 Common Council Meeting Minutes –
Resolution
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That the minutes of the February 4, 2015 Common Council meeting be
approved as corrected.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 9:25 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor