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HomeMy WebLinkAboutMN-BPW-2015-11-23BOARD OF PUBLIC WORKS MEETING PROCEEDINGS Regular Meeting 4:45 p.m. November 23, 2015 Present: Mayor Myrick Commissioners (4) Greene, Darling, Goldsmith, Jenkins Others Present: Supt. of Public Works — Thorne Director of Engineering — West Asst. Supt. S & F - Benjamin Asst. Supt. W & S — Whitney CC Liaison — Fleming Transportation Engineer — Logue Information Management Specialist — Myers Excused: Commissioner Warden Call to Order - Additions to or Deletions From the Agenda: Supt. Thorne requested the addition of the following items to the agenda: 1. "Approval for Installation of a Fence Around the Stewart Park Carousel - Resolution" 2. Discussion regarding asbestos in City Hall 3. Item 11A entitled "Approval for the Use of a Portion of Stewart Park for a Cayuga Wetlands Restoration Program - Resolution" should not be a voting item. He needs to make some wording changes to the resolution before the Board votes on it. No Board Member Objected. Commissioner Jenkins requested that the order of the Board of Public Works agenda be changed permanently to have "Administration and Communications", which usually includes approval of minutes, become item number five on the agenda right after "Response to the Public". No Board Member Objected. Communications and Hearings From Persons Before the Board: Mimi Mehaffey, Town of Enfield and employee of Collegetown Bagels on College Avenue, addressed the Board regarding food trucks in Collegetown. She expressed her agreement that food trucks are an up and coming trend. She also voiced concerns about the need for the City to have a well thought out plan for the placement and regulating of food trucks around the City. She noted that enforcement of food truck regulations and requirements will need to be addressed and should be done by other than the Ithaca Police Department as that is not their responsibility. She noted that thus far with the City's current food truck program issues have arisen such as obstructed sidewalks, lack of trash removal, and lack of compliance with ADA requirements. She left her written comments, which she was not able to complete during her three minutes, to be distributed to Board members after the meeting. Board of Public Works Meeting Minutes November 23, 2015 Response to the Public: Commissioner Darling responded to comments made regarding food trucks in Collegetown related to obstructed sidewalks, lack of trash removal, and his serious concerns about those issues. Commissioner Greene expressed his opinion that the points made by Ms. Mehaffey about food trucks were well thought out and very much appreciated. He agreed that the City does need to think about the broader issue of enforcement and future regulation by the Ithaca Fire Department of food trucks related to their use of propane. It was noted that both the Ithaca Fire Department and Ithaca Police Department have the capability to provide 24 hour enforcement of the rules. Director of Engineering West reported that staff from the Ithaca Fire Department attended the last Commons Advisory Board meeting to discuss proposed changes to the regulation of food trucks. The fire department has heard concerns from community members regarding the safety and what, if any, regulations are in place for monitoring the safety of food trucks. The department is proposing the implementation of new requirements related to the use of propane and fire safety compliance measures for operation a food truck in the City of Ithaca. Commissioner Goldsmith thanked Ms. Mehaffey for her very clear, precise, and useful comments regarding food trucks. Mayor Myrick stated that the Board of Public Works is not inclined, at this point in time, to support the expansion of spots for food trucks in the City of Ithaca. It is important that they be safely regulated, which is why the fire department is proposing specific requirements for the operation and use of propane by food truck vendors. He thanked Ms. Mehaffey for her comments. Reports: CC Liaison Fleming reported that she, Alderpersons Smith and Graham, the former owner of Student Agencies, and Mark Kielman met Ms. Mehaffey to share concerns about food trucks. They noted that one of the reasons cited to support the allowance of food trucks in the City of Ithaca was their ability to offer a variety in late night food options in Collegetown since most restaurants closed by 10:00 p.m. However, that is not necessarily the case as there are some brick and mortar restaurants that remain open and serving food until 1:00 a.m. Alderperson Kerslick felt that it would be good for the Planning and Economic Development Committee to have this topic on a future agenda. The Committee could then discuss and review some of the issues and concerns that have been raised by both the food truck owners and owners of the brick and mortar restaurants in the Collegetown area. Director of Engineering West reported that the evaluation of the Green Street parking garage was completed. During the evaluation they found an additional beam which was severely deteriorated located on the western third of the parking garage. The area has been closed, and the contractor for the City, Crane Hogan, is making the repairs. The garage has been braced and will remain in place until repairs are completed. Director of Engineering West further reported that staff recently met with a merchant from Collegetown during an economic development committee meeting. A Collegetown Business Association has been created that will then specifically address both private and public streetscape development in Collegetown. He then explained that today was his last Board of Public Works; he is retiring. 14 Board of Public Works Meeting Minutes November 23, 2015 Mayor Myrick and Board members expressed the fact that everyone would miss Tom's sense of humor and expertise. That expertise enabled him to point to them many useful suggestions for making decisions about various topics, which they all very much appreciated. Asst. Supt. Benjamin reported that the Snow Watch crew started Sunday night. Until snow falls, the crew will be picking up leaves and yard waste. The day crew is busy repairing pot holes, and other miscellaneous and odd jobs that staff can't find time during the summer to complete. Asst. Supt. Whitney reported that crews have had a little respite from water main breaks. This has enabled them to devote time to new service work including the new Holiday Inn Express on Elmira Road, and the new siting of water mains for Texas Road House restaurant on Meadow Street. When the days are too cold they will go to work on the rebuild of the Wood Street sanitary main. Director of Parking Nagy provided bar graphs on occupancy rates for all three parking garages; he noted that he would try to provide revenue reports for the Board in the future. The Green Street parking garage has seen a steady increase in occupancy from 40% to 70% since 2013. There is also information showing the difference in occupancy and revenue from when students are here and not here. Staff will pay attention to occupancy figures to see if the increase in parking rates for on street parking is freeing up on street spaces and increasing occupancy in the parking garages. Rates will be adjusted accordingly. Administration: Approval of the October 26, 2015 Board of Public Works Meeting Minutes - Resolution By Commissioner Jenkins: Seconded by Commissioner Goldsmith RESOLVED, That the minutes of the October 26, 2015 Board of Public Works meeting be approved as published. Carried Unanimously New Project Presentation: Municipal Broadband Presentation from Fiberspark: Two representatives from Fiberspark explained a little about what they're doing in Ithaca to expand broadband choices for the public. They are an internet service provider building their own fiber optic network for high speed internet. Currently, they are primarily focusing on home internet service by providing another option other than from the big cable service providers. They are also trying to solve some of the issues customers find related to customer service by other providers. They foresee that in the future the public be watching a lot of video online, i.e. Netflix, as well as wanting the capability for high quality video conferencing that will improve their ability to work from home. Another driver in their work to provide broadband service in the City of Ithaca is the fact that there aren't a lot of options for providers of high speed internet to choose from. Currently, 75% of homes in the United States have only one option for high speed internet, and for City of Ithaca residents that is Time Warner Cable. Their solution for Ithaca would be to run fiber optic lines along telephone poles, connecting to residences and small business with a fiber jack in the wall to connect to the Internet. They offer two options for speed service (1,000 mgb and 100 mgb), that compares to 50 mgb for the fastest download that Time Warner Cable is able to provide, at a cost of $70/$50 per month. Right now, they are working in the Belle Sherman area by getting people to sign up first for their service, and then laying the fiber optic lines. They have been operating a pilot network in Collegetown, mostly to students, and are now looking to expand their service neighborhood by neighborhood across the City to whoever 3 Board of Public Works Meeting Minutes November 23, 2015 wants it. They are just now on the cusp of doing a big additional build out in Collegetown using Syracuse utilities for line work, then doing some of the line drops from poles to customers themselves, that work will begin shortly. Commissioner Goldsmith asked whether they rent space on the poles or how that is done. They explained that they are in the public right-of-way for the City, and NYSEG and/or Verizon own the existing utility poles. The NYS regulatory authority controls the transmission through the poles and any hook up to them. Right now, they interface indirectly with NYSEG and Verizon to which they pay rent for use of the poles because they already have agreements in place with the regulatory authority. They also explained that there are multiple upstream providers (Finger Lakes Technology and Windstream, with a few others to tie into soon) to provide actual internet services, but that right now these companies only serve businesses in the City. Director of Engineering West explained that with the recent reconstruction of the Commons, the City of Ithaca installed a fairly extensive underground highway for utilities. There are points of connection to either Finger Lakes Technology or Verizon. Downtown businesses and residences hope that Fiberspark will look downtown soon for expansion of their broadband service because access to those utility lines would be directly from the City of Ithaca to them. Further, the same type of underground utility system is planned for the Collegetown area, and he encouraged Fiberspark to be active participants in that process as well. Fiberspark representatives responded that they have been following the utility work on the Commons and need to work with the City Attorney to get things sorted out in order for them to begin to provide service downtown. Director of Engineering West stated that the Board of Public Works recently approved an agreement, which was created and approved by the Board that allowed Finger Lakes Technology to tap into the underground utility lines on the Commons so it should not take long for Fiberspark to work with the City Attorney and come to an agreement. Commissioner Greene noted that with the Collegetown development planned, the utility poles are probably going to be removed and utilities placed underground. Is that transition going to be something that Fiberspark can adapt to easily? The representatives responded that they have already gone to the use of underground utilities at Eddygate, so it will not be a problem for them. They did inquire, though, as to how they can best stay on top of the new underground utility lines being built in Collegetown. Supt. Thorne requested that they leave their business card with him so he can reach out to them as needed. He stated that the City is working with NYSEG who will be installing the underground conduits that will incorporate Verizon, cable, and other utility needs as the development in Collegetown progresses. Board members expressed their thanks for the presentation. Highways, Streets & Sidewalks: Update of Mobile Vending Rates - Resolution By Commissioner Jenkins: Seconded by Commissioner Darling WHEREAS, the Board of Public Works adopted the Street Vending Policy for the City of Ithaca on January 27, 2014; and WHEREAS, vending fees are based on the parking rate charged for on -street parking at each location; and 12 Board of Public Works Meeting Minutes November 23, 2015 WHEREAS, on -street parking rates are updated on an annual basis; now, therefore be it RESOLVED, That the Street Vending Policy be amended to read as follows: "V. Fees B. Permit Fees 1. Permit Fees are based on on -street parking rates and determined by the location requested, taking into account the zone and time limits per location. (see Appendix A) Quarterly fees must be paid at least 10 days prior to the end of the quarter." and be it further RESOLVED, That future vending fees shall be updated automatically to reflect on -street parking rates. Carried Unanimously Parking & Traffic: 2016 City of Ithaca Parking Rates - Resolution By Commissioner Darling: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has considered the proposed 2016 rates for municipal parking facilities in order to meet the adopted 2016 budget revenue projection; and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2016; now, therefore be it RESOLVED, That the Board of Public Works hereby adopts the proposed 2016 parking rates as follows in the attached table; and, be it further RESOLVED, That all rates shall go into effect January 1, 2016, and shall remain until the Board of Public Works directs otherwise. Actual 2015 Proposed Rates 2016 Rates Effective Effective Amount Monthly Permits 1/1/15 1/1/16 Changed Seneca Garage, Day and Night All Levels, Full Access (24/7) $93.00/mo $96.00/mo 3% increase Contract with Hotel' $54.00/mo $56.00/mo 3% increase Contract with Cascade Plaza, LLC $93.00/mo $96.00/mo 3% increase Worker's Special (M-F/10 hrs/day, 210 hrs/mo) $76.00/mo $78.00/mo 3% increase Part time Special (24/7, 105 hrs/mo) $65.00/mo $67.00/mo 3% increase Overnight Only Special (5pm-8am) $45.00/mo $46.00/mo 3% increase Primo Part time Special (24/7, 3% Increase 68 hrs/mo) $41.00/mo $42.00/mo Green Street Garage, Day and Night All Levels, Full Access $82.00/mo $85.00/mo 3% increase Contract with Ciminelli2 $54.00 $54.32/ mo 0.6% increase CPI Worker's Special (M-F/10 hrs/day, 210 hrs/mo) $67.50/ mo $69.50/mo 3% Increase Part time Special (24/7, 105 hrs/mo) $58.00/ mo $60.00/mo 3% Increase Overnight Only Special (5pm-8am) $40.00/ mo $41.00/mo 3% Increase Board of Public Works Meeting Minutes November 23, 2015 Green Street Continued $37.00/ mo $38.00/mo 3% Increase Primo Part time Special (24/7, 68 hrs/mo) Cayuga Street Garage, Day and Night (before sales tax) All Levels, including long-term storage $65.00/mo $67.00/mo 3% increase Contract Cornell Rate $52.66 $52.98 0.6% increase CPI Contract with County (Library)3 $65.00/ mo $67.00/ mo 3% Increase Premium Area Rates $119.00/mo $123.00/mo 3% increase Dryden Road Garage Full Access (24/7) $154.50/mo $159.00/mo 3% increase beginning July 1, 2016, Discounted Hourly (250 hours)4 $120.00/mo Discontinue Worker's Special (210 hrs/mo) $125.00/mo 129.00/mo 3% Increase Part time Special (24/7, 105 hrs/mo) 68.00/mo $70.00/mo 3% Increase Overnight Only Special (M-F/6pm-9am/ Free Weekends) 125.00/mo $129.00/mo 3% Increase Primo Part time Special (24/7, 68 hrs/mo) $45.00 /mo $46.00/mo 3% Increase Other Non -Meter Permit Parking Contract with County (DSS)3 1 $49.00/mo 1 $50.00 2% increase Actual 2015 Proposed Rates 2016 Rates Effective Effective Amount Weekly Rates 1/1/15 1/1/16 Changed Seneca Garage, Day and Night $23.50 $30.00 28% Increase Green Street Garage, Day and Night $23.50 $28.00 20% Increase Dryden Road Garage, 24 Hours $37.00 $50.00 35% Increase Hourly Rates5 Actual 2015 Rates Effective 1/1/15 Proposed 2016 Rates Effective 1/1/16 Amount Changed Seneca, Green, Cayuga Street Garages6 Per hour $1/hour $1/hour No Change Maximum $7/day $7/day No Change Dryden Road Garage 0-24 $1/hour $1/hour No Change Maximum $15/day $15/day No Change Bulk Purchase: Garage Tokens or Tracer Tickets $26.00/ 40 hours $26.00/ 40 hours No Change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No Change Parking Meters and Pay and Display Surface Lot: Green Street Garage' $2.00/hour No max. $2.25/hour No max. 12% increase Downtown (begin As Pay Machines are installed) $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change Collegetown (begins as pay machines $1.50/hr $1.50/hr No Change Board of Public Works Meeting Minutes November 23, 2015 Actual Proposed 2015 Rates 2016 Rates Effective Effective Amount Hourly RateS5 1/1/15 1/1/16 Changed are Installed) 2 hr. max. 2 hr. max. Thurston & Stewart Ave. & Edgemoor $0.75/hr $0.75/hr (begins as pay machines are installed) 9 hr. max. 9 hr. max. No Change Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The percentage change in the CPI from August 2014 to August 2015 was 0.6%. 3 — The County's Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2015 is100% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot") expires December 31, 2016. 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. In order to keep consistency between the garages we will discontinue the 250 hours permit and keep the 210 hour permit at all three city locations. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. There has been no increase in 5 years. 8- Increase in Garage weekly rate is to discourage people buying 4 weeks would be less than a month rate. Carried Unanimously Creeks, Bridges & Parks: SUDDOrt for the Use of a Portion of Stewart Park for a Cavuaa Wetlands Restoration Project - Resolution By Commissioner Greene: Seconded by Commissioner Jenkins WHEREAS, New Roots Charter School presented a proposal for wetland restoration along the shore of Cayuga Lake in Stewart Park; and WHEREAS, the project would involve students planting cattails to study natural water purification and aquifer protections; and WHEREAS, the students would grow cattails and transplant them to the location; and WHEREAS, they would then research water quality and track animal life; now, therefore be it RESOLVED, That the Board of Public Works supports the use of Stewart Park for this project; and, be it further RESOLVED, That the Board requests a site plan showing the planting locations and schedule from New Roots Charter School prior to the beginning of the project; and, be it further 7 Board of Public Works Meeting Minutes November 23, 2015 RESOLVED, That the Board requests that New Roots Charter School contact the New York State Department of Environmental Conservation regarding the project and report back to the Board on their recommendation; and, be it further RESOLVED, That once the City receives the report from the NYSDEC that the Parks Commission, Natural Areas Commission, and Conservation Advisory Council be consulted about the proposal in order to provide any recommendations they may have prior to any approval given by the Board for the project to proceed. Supt. Thorne reported that staff met earlier today to discuss the proposal, they want to make sure that special consideration for containment of hydrilla and prevention of its spread in the area be given to the project. They would recommend that New Roots Charter School discuss the project with New York State Department of Environmental Conservation (NYSDEC) to seek their approval prior to beginning the project. Discussion followed on the floor regarding concerns that have been raised regarding the appropriateness of cattails in the area, how the project might impact the bird sanctuary, and the importance of obtaining support and guidance for the project from the NYSDEC. In addition, prior to any approval the Board might provide for the project, the Parks Commission, Natural Areas Commission, and Conservation Advisory Council would all need to be consulted in order to have an opportunity to provide a recommendation to the Board. A Vote on the Resolution Resulted As Follows: Carried Unanimously Water and Sewer: Authorization to Resend the Water Bill for the Correct Amount for 113 Dryden Road Water Billing — Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, on October 16, 2008 the City replaced a manual -read Badger 4-inch dual body compound water meter (Badger) with a new radio -read capable Master Meter 4- inch dual body compound water meter (Master Meter); and WHEREAS, on June 22, 2015 City Water Meter Technicians replaced the Master Meter due to consistent readings well below the historical range for this account, and upon examination of the Master Meter, it was discovered that the radio reading transmitted from the high flow register was incorrect by a factor of 10 {i.e. meter head mechanical register read 17,857-HCF, radio read picked up 1,785-HCF); and WHEREAS, based on the actual reads from the mechanical registers (less the previous billings) a bill for an additional 13,020-HCF {$120,695.40} was prepared and sent on July 2, 2015; and WHEREAS, upon request by the Owner of 113 Dryden Road, the account history was reviewed by the Assistant Superintendent of Public Works for Water and Sewer, the Superintendent of Public Works, and a member of the Board of Public Works, and upon review, it was discovered that in addition to the decimal point error on the high flow readings, the high flow register stopped working in the 3rd or 4th quarter of 2012; and WHEREAS, the Department of Public Works has prepared an adjusted consumption and billing schedule which accounts for the decimal point error on the high flow register, and assumes a minimum quarterly consumption for the billing periods for which the high flow register was not working; and n. Board of Public Works Meeting Minutes November 23, 2015 WHEREAS, the prior bill sent on July 1, 2015 in the amount of $120,695.40 is incorrect because it did not account for the period of time that the high flow register was not working and also included billing periods prior to the 6-year statute of limitation; and WHEREAS, the adjusted consumption and billing analysis properly accounts for the non-functioning meter and 6-year statute of limitations, and the revised billing amount is $154,817.96; now. therefore be it RESOLVED, That the City of Ithaca expunges the $120,695.40 billed on July 2, 2015; and, be it further RESOLVED, That the City of Ithaca issue a new bill for the quarter ending January 5, 2010 through the quarter ending April 3, 2015 in the amount of $154,817.96. Supt. Thorne explained how staff reviewed the data and determined what the correct water meter readings should have been, and then what the amount of the corresponding bill should be. He stated that staff are giving the property owner a lot of benefit of the doubt, by going with the lowest minimum billing rate rather than just an average. Commissioner Goldsmith expressed his opinion that this is a very generous way to determine what bill should be. He would also like to vote on the resolution today, since the Board discussed it at a previous meeting. A Vote on the Resolution Resulted As Follows: Carried Unanimously Discussion Items: Street Lights in the 500 Block of West Clinton Street: Transportation Engineer Logue joined the Board for this discussion. The applicant, was also at the meeting to participate in the discussion. Transportation Engineer Logue reported that the applicant, who lives on the 500 block of West Clinton Street, submitted a petition with 20 signatures (not incl. their own) representing approximately 16 households in the vicinity of the 500 block of West Clinton Street requesting that additional street lights be installed to better illuminate the sidewalks and to make the area feel safer at night. He explained that he visited the area to see the locations of the existing street lights. The street lights are installed, as is typical, on every other utility pole; resulting (if his recall is correct) in two midblock lights and one near the Corn Street intersection. The tree canopy possibly reduces the effectiveness of the lights; perhaps some trimming could be performed. He does sympathize with the residents and agree that additional street lighting would make it easier to walk at night and would make neighborhoods feel safer. However, there is no particular defect with the lights in the 500 block of West Clinton Street and it seems that the street lights are installed according to our typical practice. Therefore, he feels that this is not an issue that can be appropriately addressed by staff, but rather a policy question that the Board of Public Works should consider. Also, there is an additional annual cost associated with installing additional street lights which would need to be budgeted. That is why it was recommended that a written request be submitted to the Board of Public Works, well as that a petition from residents would likely help their case. 9 Board of Public Works Meeting Minutes November 23, 2015 Commissioner Goldsmith noted that this matter has come to the Board's attention because it is a safety concern. He supports the request for more lights, and reported that some cities, instead of just running street lights, pay for everyone's front porch light to be left on at night; which reports say do wonders for neighborhoods. The typical and current high arching lights are not as good as the little old fashioned street lights which light the sidewalk rather than the street. Commissioner Greene stated that street lighting around the city differs greatly neighborhood from neighborhood. On Mitchell Street it's overkill with stadium like lighting. There has to be a better solution to the problem, and agreed that whatever type of lighting is chosen, it is more appropriate that it light up the sidewalk rather than the street. Commissioner Goldsmith wondered whether the City might investigate whether there might be grants available somewhere to fund street lights (i.e. the safe routes to school grant project). It would be a project worthy of the city taking on in an effort to provide increased sidewalk lighting around the City for everyone — especially since there are five to six months out of the year that the days are so short and dark. Commissioner Greene supported that idea and suggested that whatever is done, that the city coordinate it in an efficient manner such as neighborhood by neighborhood. He is sure that there are many other neighborhoods of the city that would appreciate better lighting at sidewalks. Director of Engineering West stated that the city received a similar request from the Cleveland Avenue neighborhood, and the Ithaca Urban Renewal Agency (IURA) responded with street lighting on a pedestrian scale as well as some front door lighting. He thinks it was done as a community development block grant project, so there might be funding available from the IURA that could be used in this instance. Mayor Myrick agreed that a short term goal should be to improve the lighting along the sidewalk on the 500 block of West Clinton Street, and to see whether the IURA might have funds to use. In the long term, there should be a city-wide program to improve lighting in every neighborhood. He asked whether the City could, in the meantime, make a request to NYSEG to change the light poles. Transportation Engineer Logue responded that there is a process with NYSEG to request additional streets lights at a cost of $300,000 per year per light. The City could just request NYSEG add one additional light on West Clinton Street, but then it would open the City up for questions about why not other neighborhoods around the City as well. The rule that the City has been following has been a light on every other pole. Staff talked about taking a meter out to see what the light along the street and sidewalk looks like and whether another street light would help, which would be the fastest way to improve the lighting, and then in the long term develop a project and work on it with the IURA. Discussion followed on the floor regarding what the various costs might be for adding one or many additional street lights on the block, and to check with NYSEG to see if there are other types of street lights that might provide better lighting for pedestrians. Commissioner Darling stated that he likes the three pronged approach; address this particular neighborhood concern objectively, and when the next request comes in the city should determine the best way to improve pedestrian lighting city wide. At that time, he expects the technology used for exterior lighting should be very wide and so there should be an affordable and effective solution to address the safety concerns of all the 10 Board of Public Works Meeting Minutes November 23, 2015 neighborhoods in the City. He noted that fortunately neighborhoods in the Belle Sherman and the Collegetown area are currently very well lit. Supt. Thorne stated that he met recently with some Common Council members, and one of the concerns raised was the lighting on Cayuga Street. Would it be worthwhile to get recommendations from lighting experts for what lighting should be used in different areas of the City? He agrees that whatever way the City proceeds, it needs to be done in a very cohesive and planned way utilizing lighting experts. Mayor Myrick suggested that staff work with different blocks/neighborhoods for what each area wants and needs to improve lighting on the sidewalk. This is a perfect example of a neighborhood coming together (500 block of West Clinton Street) with a proposal to address safety concerns. Both the Board and Staff agree, though, that something needs to be done in the short term for this particular block of West Clinton Street. Commissioner Darling suggested that city residents be invited to participate in this process, and suggested that a project of this type might have support from both staff and city residents to be funded in a manner similar to the Sidewalk Improvement Districts and Stormwater Management programs. Commissioner Greene stated that he would love to see what other communities are doing with lighting strategies in neighborhoods that are innovative. This is also a good opportunity to ask NYSEG whether they are doing anything different with neighborhood lighting around New York State. Asst. Supt. Whitney stated that under Municipal Law, the City of Ithaca would be able to create a lighting district, similar to the current water and sewer districts so that mechanism is already in place should the City want to implement such a district. It was noted that with all the new development occurring around the City, that it would also help increase and improve lighting around the City. Board Members expressed their thanks to the applicant and Transportation Engineer Logue for bringing this matter to their attention. Recommendations from the Parks Commission: Proposed Paddle Craft Storage and Concessions Locations: Supt. Thorne reported that he has provided this proposal regarding paddle craft storage and concession locations to the Board today for their endorsement, and discussion only. Since a lot of the locations are in city parks, the proposal will need to go to Common Council for final approval. The details and proposed locations for the storage and concession areas will be attached to the minutes. The Parks Commission provided the following recommendation regarding the proposal: "Superintendent Thorne presented the Water Recreation Committee's proposed locations for paddle craft storage and concessions. Parks Commissioners noted that the storage and concessions would improve water access for many in the community. The Parks Commission voted unanimously to support locations (1-4). Commissioners also seemed supportive of locations 5 and 6 but noted these sites are not o n City parkland". Commissioner Goldsmith stated that Supt. Thorne has done a great job on the Water Recreation Committee and its responsibilities as chair; it has almost become a fulltime job for him. He thanked him for his work to move the committee forward and on task in a very short amount of time. 11 Board of Public Works Meeting Minutes November 23, 2015 Supt. Thorne stated that the committee was looking at ways to improve access to the water for the public. One way is boat storage for man powered vessels to make it easier to get them into the water. It will be easier to get boats in the water if there is storage nearby. The proposed locations for boat storage are Cass Park, the Ithaca Farmers' Market, and the area adjacent to the city golf course. Commissioner Goldsmith clarified that the word concession refers to renting water craft. Already, there are several vendors interested in applying to the City to provide the service. Supt. Thorne explained that he followed the New York State Parks standard when he was working on the proposal. The storage racks will hold 12 boats, NYS charges $100.00 per slot per season. He estimated the rates here a little on the high side. However, the point is they could pay for themselves in one season, and be built by the city and managed by Youth Bureau staff. The Youth Bureau Director is supportive of the proposal. The new sheds would be placed next to the existing sheds at the Youth Bureau. He stated that Cornell University Kite and Boarding have expressed interested in participating in the City's program, so the city would have to come up with rate for them. The portable concessions are where a vendor would pull a trailer, loaded with canoes, to set up at their licensed location and then rent canoes to the public. The locations for the storage sheds could be either semi or permanent locations that would operate out of a city -owned facility. The dock would be a floating one for the public to pull up next to for entering or exiting the water. The proposal includes a location for the storage racks next to the State Park boat racks, and the rate would be $99 per season. He reported that the State has two boat racks in that location, and they are constantly full. The City Attorney has instructed him to talk with the staff at the Ithaca Farmers' Market on how to work out an arrangement for the proposed location that is within their leased area. Mayor Myrick thanked Supt. Thorne for his work on the committee and for providing the proposal for possible locations for storage and/or leasing of man powered water craft by Cayuga Lake. He noted that some of the suggestions may take longer than others to implement. Supt. Thorne explained that there should be 3 to 4 of the proposals ready to implement by the next boating season. Supt. Thorne stated that city crews will work on building the docks and will utilize wood and materials from the old Bernie Milton Pavilion that were salvaged to help keep the costs low for the City. Mayor Myrick asked what the Board needed to do next to move this recommendation onto Common Council. Will there be a resolution listing each of the locations for the Board to approve? Supt. Thorne responded yes, the resolution will include approval of four locations, and then it will go onto Common Council for final approval. A brief discussion followed on the floor regarding interest raised by community members about locations in the City of Ithaca where swimming might be allowed. Proposed Changes to Chapter 157 of the City of Ithaca Municipal Code entitled "Commons": Mayor Myrick explained that the proposed changes to the ordinance are minor and non- controversial. The ordinance with proposed changes outlined will be attached to the minutes of this meeting for informational purposes. 12 Board of Public Works Meeting Minutes November 23, 2015 The Board did not object to the proposed changes to the legislation, so Supt. Thorne will provide a resolution for them to approve at their next meeting. It will then go to the Planning and Economic Development Committee for review and approval, and then to Common Council for final approval. New Business: Asbestos Abatement - City Hall Director of Engineering West provided the following information to the Board which explains the reason and need for the abatement work: "This is a recommendation for a program of limited remediation and abatement of broken vinyl asbestos floor tile in various locations in City Hall. With the Board's concurrence, this recommendation will be forwarded to the Common Council for authorization of a budget not to exceed $50, 000. In response to employee complaints about broken floor tiles on the fourth floor of City Hall, the New York State Department of Labor (DOL) conducted an investigation of the complaint. The DOL issued notices of violation regarding incidental disturbance of asbestos containing materials which require immediate correction by the City. The City has engaged the services of Delta Engineers to inventory the extent and condition of the floor tiles in the building. Delta analyzed samples of all floor tiles and other building materials for the presence of asbestos. In addition, both DOL and Delta conducted air monitoring to determine if employees have been exposed to asbestos fibers. Air monitoring by both the DOL and Delta indicate fiber counts "significantly below the OSHA Permissible Exposure Limit." That's the good news. The majority of floor tile in the basement and on the 2nd, 3rd and 4th floors does contain asbestos. Delta identified 12 locations where tiles are broken and are, or could be, subject to remediation (remediation option 1). An additional 35 locations were identified as "deteriorated/damaged/delaminated". Although these locations are not mentioned in the notices of violation, they constitute likely future disturbances that will require remediation (remediation option 2). Lastly, Delta presented a third option for full abatement of all vinyl asbestos tile in the building (remediation option 3). Delta provided an estimate for abatement for each remediation option. These estimates do not include expenses associated with bidding, administration, re -location of employees, moving and re -moving furniture, clearance air monitoring, temporary operations space or restoring finished surfaces in the abated areas. However; the estimates are very general indications of the relative cost of each option. Based upon the abatement estimates option 2 is 6 times greater than option 1 and option 3 is 9 times greater than option 1. In the interest of making an immediate response to the DOL notices of violation and responding to employees' concerns regarding disturbed vinyl asbestos floor tiling, engineering staff recommends establishment of a budget not to exceed $50, 000 to complete option 1. " Director of Engineering West reported that there is no indication that staff have been exposed to any fibers of asbestos, and the asbestos found poses a very low threat. The City of Ithaca has to respond to the "Notice of Violation" from the New York State Department of Labor. Proposals for how to proceed with the abatement of the asbestos have been provided to the City, they are: abate the twelve (12) incidental disturbances 13 Board of Public Works Meeting Minutes November 23, 2015 in City Hall plus another 35 (i.e. cracked floor tiles); or, abate and remove all tiles from City Hall. He further reported that costs for abatement have been estimated at $14,000, $28,000, and $130,000. They consist of costs for air monitoring, cost for moving employees and office furnishings twice, and the cost for setting up a place for the displaced employees to work while the abatement work is performed. The price might even escalate well into six figures. Staff would recommend that the City take care of the 12 required items ($14,000.00). Staff would like to request of Common Council approval of a budget for the abatement needed in an amount not to exceed $50,000. Director of Engineering West explained that with the Board's concurrence and approval, this item would be placed on the December 2, 2015 Common Council meeting agenda as a member -filed resolution to approve the requested budget amount for the project. The Notice of Violation requires that the City of Ithaca correct the violations immediately — within 30 days. The Board supported staff's recommendation and voted on the following resolution. Resolution to Fund Abatement of Asbestos Containing Materials — City Hall By Commissioner Goldsmith: Seconded by Commissioner Greene WHEREAS, much of the floor covering in the building which is now City Hall was constructed with floor tiles containing asbestos; and WHEREAS, the original floor tiles in City Hall are breaking and crumbling which causes concern for employees and limits the ability of staff to appropriately maintain the floors; and WHEREAS, the City of Ithaca has received a notice of violation from the New York State Department of Labor, Asbestos Bureau regarding broken floor tiles which contain asbestos; and WHEREAS, the notice of violation requires that the broken floor tiles be repaired and abated; and WHEREAS, Department of Public Works staff and the City's consultant, Delta Engineers, Architects & Land Surveyors have identified several viable methods for abatement of the floor tiles which contain asbestos; and WHEREAS, repair and abatement of asbestos containing materials requires the services of specialized engineers and contractors as well as various permits, relocations and restoration; and WHEREAS, a schedule and a budget for accomplishing this work needs to be established; now, therefore be it RESOLVED, That the Board of Public Works recommends a budget authorization not to exceed $50,000.00 for undertaking the abatement of asbestos containing materials in City Hall. Carried Unanimously Commissioner Darling stated that the Board of Public Works should direct the Supt. of Public Works to consider future asbestos abatement work at City Hall and budget in order to come up with a long-term plan for remediation. The City should think about the project strategically including the opportunity when employees are displaced from their 14 Board of Public Works Meeting Minutes November 23, 2015 work space whether there are building/office upgrades that need to be made. An evaluation of everyone's workspace and needs for doing their job should be done. The asbestos in the building will not go away and will come up again in the future, so the City of Ithaca should be prepared accordingly. Approval for Installation of a Fence Around the Stewart Park Carousel - Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Stewart Park Carousel has just been repainted after 31 years; and WHEREAS, the current chain link fence is old and unsightly; and WHEREAS, the Friends of Stewart Park has raised the funds from the community for a new durable and attractive metal fence; and WHEREAS, the Parks Commission and the Board of Public Works have enthusiastically supported the idea of a new carousel fence; now, therefore be it RESOLVED, That the Board of Public Works approves the installation of a new fence for the Carousel in Stewart Park. Adjournment: On a motion the meeting adjourned at 6:50 p.m. Sarah L. Myers, Information Mgt. Specialist Svante L. Myrick Mayor Carried Unanimously 15 STORAGE LOCATIONS 1. Fall Creek near Cascadilla Boat House — 2016 *, Summary: Location is next to existing += Cascadilla Boat Club floating docks, and will be adjacent to future Cayuga Lake Blueway Trail launch location. Also adjacent to Waterfront Trail. - _ Timeframe: Two storage racks could be installed on a semi -permanent basis (trial run) by May 2016. There are existing docks ��'� ' ' .►' that are immediately available for use by t.= -• -- '� ; the public. Installation and Operation: Installation of storage racks by DPW. Reservation and payment through IYB. Considerations: Longer rowing shells could be stored if 2 racks were placed end to end (shell would occupy two storage spaces at double rent). There is interest in a portable rental concession at this location. Ank Good location for bike racks. 2. Cass Park near Treman Boat Ramp — 2016 Summary: Location is within Cass Park, adjacent to existing NYS Parks storage racks near the Treman boat launch. Timeframe: Storage rack could be installed on a semi -permanent basis (trial run) by May 2016. Installation and Operation: Installation of storage rack by DPW. Reservation and payment through IYB. Considerations: Location has proven to be popular for canoe/kayak storage. Possible location for portable concession. I :4 3. Parking Area across from Fire k'T aining Center - 2016 Summary: Location is across from Fire Training Center along the Waterfront Trail. Parking is available and installation of bike racks has been suggested. Shoreline is a little bit rough, but shouldn't be too challenging for boaters to launch. Some shoreline improvement may be required. Timeframe: Storage rack could be installed on a semi -permanent basis (trial run) by May 2016. Installation and Operation: Installation of storage rack by DPW. Reservation and payment through IYB. Considerations: Somewhat remote location may invite vandalism or theft. Should be installed on a trial basis for 2016 and relocated if there are problems with the location. 4. Cass Park City Docks - 2016 =' ,,.. Summary: Existing boat launch area along ••� � • w - ' Waterfront Trail at Cass Park. Timeframe: Storage racks could be - -=-.• installed on a semi -permanent basis (trial '" •#, ;'� ��. r - "�,'} '� run) by May 2016. There are existing docks that are immediately available for use by =` 7i-w- the public. -,? r ";{.� • - ,, Installation and Operation: Installation of Av storage rack by DPW. Reservation and AN payment through IYB. Considerations: Location is frequently <,44. used, but parking is limited. Possible concession location? S. Ithaca Youth Bureau Storage Shed — 2016 Summary: City of Ithaca property (IYB) near future Cayuga Lake Blueway Trail F launch location. Also near preferred entry point for wind -based water sports ems`. .r� r• (windsurfing and kiteboarding). «' i A'Timeframe: Storage sheds could be installed by May 2016. *+' Installation and Operation: Installation of r`c storage shed by DPW. Reservation and payment through IYB, or by license agreement through BPW. --! Considerations: Cornell Windsurfing/ I Kiteboarding club has expressed an s interest in renting a storage shed near this location. Storage sheds could be placed next to existing sheds at IYB. 6. Ithaca Farmers Market 'Boat Launch — 2016? l :: ,/ r +. ,i� T,�,�t' .ice•«+. 4-0 Summary: Existing boat launch area along Waterfront Trail at Ithaca Farmers Market. Timeframe: Storage racks could be installed on a semi -permanent basis (trial run) by May 2016 if permitted by Ithaca Farmers Market. Installation and Operation: Installation of storage rack by DPW. Unsure about operations because location is on land licensed to IFM. Considerations: Location is frequently used. There is only limited area for installation of storage rack, due to conflicts with limited parking and picnic tables. There may also be some conflicts with existing IFM license agreement. 7. Northeast Stewart Park — 2017 Summary: Large parking area near future Cayuga Lake Blueway Trail launch location. -, Also near preferred entry point for Wind- t_. F = based water sports (windsurfing and «#� kiteboarding). Timeframe: Storage rack could be +, A. installed on a semi -permanent basis (trial run) by May 2016. Recommend that # * installation of storage rack is concurrent with installation of Blueway Trail launch - _-, �.,'`, location in 2017. Installation and Operation: Installation of storage rack by DPW. Reservation and payment through IYB. Considerations: Could be a good location for rental concession when Blueway Trail launch location is installed. I! IL V. 8. Stewart Park by Large Pavilion — 2017 Summary: Locations are in parking areas for the Large Pavilion, adjacent to existing dock. 09n-4 Timeframe: Rental concession could start +' � ,I by May 2016, but may be more attractive if dock were modified (in 2017?). Cost and Revenue: Dock modification '+"` , ,`` �� allowance of $2000. Revenue from a rental concession TBD. Considerations: Existing dock works well for canoes, but not too well for kayaks. Dock could be modified (lowered) to better accommodate kayaks. tea. 9. Former Johnson's Boat Yard/Golf Course — 2018 Summary: Golf course land currently + licensed to Johnson's Boatyard. Possible r X: use or modification of dock(s) for small boat launch. Timeframe: Probably 2 - 3 years due tc • unknowns associated with closure of t ' Johnsons. Installation and Operation: Installation of storage rack by DPW. Reservation and �' * �•"F '� payment through IYB. Considerations: Don't know what will be replacing Johnson's Boatyard. New boat launch may not be compatible. ORDINANCE NO.2015-04 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." 5157-2. 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: 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 1 Publish Date: March 25, 2015 Revised: 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 non -rigid valance may hang no greater than one foot below the rigid frame. STANDARD CANOPY 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 non -rigid 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 including: one representative from the Common Council, and six members appointed by the Mayor with the approval of Common Council. 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. 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. 2 Publish Date: March 25, 2015 Revised: (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 six members (5) Action. Action may be taken by vote with a quorum of six 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 through electronic notification 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. [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 electronic notification, authorize the issuance of a permit. The Board may authorize the Chair alone, or the SityQeFlkSuperintendent, 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. 3 Publish Date: March 25, 2015 Revised: (d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques and similar items used on public property on the Commons. (a) 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. Article II. Use of the Commons 5157-5. 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 Gasses of permits that will be referred to the City -GlerkSuperintendent or the Commons Advisory Board include: (1) Commons use permits, including pavilion reservations, event permits, information table permits, and driving on the Primary Commons. For information on Commons loading zones, see §157-9G. 4 Publish Date: March 25, 2015 Revised: (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 Plnn�ary Commons by permit only Vursuant Icy 157-12 (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 Downtown Ithaca Alliance. (6) Mobile vending agreements. B. Permit issuance. (1) All requests for permits must be submitted to the City- Slerk'sSuperintendent of Public Work's office. The City SIer Superintendent, or his/her designee 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, duration, and location of the proposed use or activity. It may also include any special conditions or restrictions that should be placed on the permit. Permits will be approved by the City G!erkSuperintendent 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 QlerkSuperintendent 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- SlerkSuperintendent, his/her designee, 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. (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. 5 Publish Date: March 25, 2015 Revised: (7) The City CIerkSuperintendent 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. 4157-6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise all materials, displays, products, equipment, and volunteers. (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 and properly dispose of all litter and trash created by the 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 C+ty CI erkSuoerintendent, 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. (7) To provide a security deposit, when required by the Superintendent of Public Works, or the Commons Advisory BoardOF the Sity Glwk, 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 Tompkins County 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. 4 157-7. General Commons rules: signs displays and temporary planters A. The following rules apply to all uses and activities on the Primary Commons: (1) The fire lane is to be kept open and free of any obstructions at all times. No exhibit or item will be permitted to locate in 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. 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 pursuant to 6157-8. 6 Publish Date: March 25, 2015 Revised: These regulations do not pertain to Special Events that are regulated under §132-7 of the City of Ithaca Municipal Code. (3) 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 is prohibited. (6) No person shall litter, 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 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 C+ty-Gler-kSuperintendent 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 or other infrastructure, except in cases where a permit has been approved. (9) No person shall climb upon or permit minors in his/her custody to climb upon any structure Y„bl G @Ft P;o,., light pe n the Commons (other than a designated play structure). This includes, but is not limited Public art Pieces, light poles, trees, fountain or planters (10) No items or animals shall be leashed, affixed or bound to any light pole, tree, planter, pavilion or other infrastructure on the Commons, except in cases where approval by the Superintendent of Public Works erne GIs* 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. (12) Aggressive solicitation is prohibited pursuant to Chapter 250-9 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. 7 Publish Date: March 25, 2015 Revised: B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have 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 a total of two freestanding signs or displays 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. Signs may not extend beyond the building face or extend 7 feet from the building front. 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/oav stations, or bike racks, 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. 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. Displays may not extend beyond the building face or extend 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. The owner of signs or displays must keep the area around them 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 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 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 during inclement weather conditions. See also §157-18A. Maintenance Guidelines (10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie Milton Pavilion and the four entrances to the Commons (Aurora Street, Cayuga Street, Seneca Street and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes. 8 Publish Date: March 25, 2015 Revised: (11) Outdoor food sales are not permitted during Special Events on the Commons. Outdoor dining establishments with an agreement with the City are exempt from this provision. (12) The building owner shall be liable for any violations under this Section. 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. 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 waliarea. 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. to 2:00 p.m. Monday - Friday; and 5:00 P.M. to 9:00 p.m. Sunday — Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Approval of a noise permit by the Commons Advisory Board or its designee is required. Sound levels are subject to immediate volume reduction upon request by any City official, staff member of the Downtown Ithaca Alliance, 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 QeFkSuperintendent, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard conditions. 4157-9. Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Primary Commons between the hours of 6:00 am and 9:00 a.m. 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 Primary 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 Primary Commons after 9:00 a.m. shall be subject to towing at the owner's expense. Requests to drive a vehicle on the Primary Commons during other hours, vehicles with a gross weight over 10,000 pounds, and vehicles with trailers, require additional consideration and a permit issued by the City SlerkSuperintendent. Permits will only be issued for a two hour time period. 9 Publish Date: March 25, 2015 Revised: 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 Sle*Superintendent. C. If it is necessary for vehicles to operate in reverse gear while on the Primary Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Primary Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Municipal and utility vehicles will be permitted on the Primary Commons for the minimum time necessary to complete their task. Notification of such shall be made to the City ClerkSuperintendenYs office prior to beginning the work, vhea possible. F. 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 established by the Department of Public Works must be followed. See also §157-18A. Maintenance Guidelines G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Primary 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. 4 157-10. Bicvcles and other wheeled devices A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary apd Sese-da- Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby strollers and similar devices4ntended 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 Primary Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure 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 10 Publish Date: March 25, 2015 F,evised: (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. 4157-11. Alcoholic beveranes. No alcoholic beverages may be sold or consumed on the Rasa -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. Insurance certificates must name the City of Ithaca as an "Additional Insured" for the duration of the event. § 157-12. Dons and Other Animals A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to Service animals providing assistance to people with 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 SlerkSuperintendent for a special permit. Such permit shall be conditional 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 QeF a perintendent. 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. 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: 11 Publish Date: March 25, 2015 Revised: (1) That animals shall be limited to an area between the premises and the closest of the thicee four primary Commons entrances (Home Dairy Alley, 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. 4157-13. Postina 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. 4157-14. Newsracks. The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board. 4157-15. 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 Primary 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 the Department of Public Works must 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. 4157-16. 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. f157-17. Property damaae. 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. 4157-18. Cleanina and repairing. III users involved with activities on the Commons shall be responsible for cleaning and Formatted: Font: (Default) Arial,11 pt repairing to assure that the Commons will be returned to its prior condition previous to its .._ " Formatted: List Paragraph, Numbered + Level: 1 + use. Failure to comply with this provision shall result in the City's taking necessary action to Numbering style: A, B, c, ... + Start at: 1 +Alignment: Left + clean and repair the Commons and to restore it to its prior condition. In such case, the City Aligned at: 0" + Indent at: 0.25" shall bill the user for the cost of such repairing or cleaning, both on the Commons and on 12 Publish Date: March 25, 2015 Revised: 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 Commons. This provision shall not relieve the City from performing normal, routine cleaning and maintenance activities.,. Formatted: Font: Bold, Underline Formatted: Font: 11 pt 4--13Maintenance and Snow Removal Guidelines Formatted. Font: (Default) Arial, a pt (1) cS­ o w— r ilddelinesGuidelines will be developed by the Department of Public Works in accordance with best practices with approval from Board of Public Works and will be updated Formatted: Ust Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + as needed. signed at: 0" + Indent at: 0.25" Formatted: Font: 11 pt ^;1 and 1.-dnI-Rlltl-gFease IIHe. 1 e 1 fG 24 44 hours, d then 0 pure GitFus to staIN and then blot u , yAth a Fag sI Ghewing Gurn 0 3. PaiHt *at GaR be applied AftF ell based has dFied. GleaRe Fellow paiRt ilast�istieas: FnaRwfaGtuFes 4. Ia8 """.d lAprna-ri ad Rot g here. 13 Publish Date: March 25, 2015 Revised: ....a..ti ...e-i.-.have the 9)dFeR;e unsight! Formatted: No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: No bullets or numbering Formatted Formatted 4157-19. 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 #haea-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 homs, drums and other percussion instruments require a noise permit from the Commons Advisory Board. 14 Publish Date: March 25, 2015 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 Glad( taff, 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 Dinina 4157-21. Applications; rules of operation: permits• appeals A. The City- ClerkSuperintendent or his/her designee 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.). (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 dining area shall not impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront on the Commons. (2) The dining area shall be physically defined. Establishments serving alcohol require approval from Common Council through the City Clerk's office. (3) The business owner shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain removal. 15 Publish Date: March 25, 2015 Revised, (4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining furniture may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons. (5) Outdoor dining 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. The business owner is responsible for removal of stains or drippings in accordance with the guidelines for stain removal established by this Ard nPiRAP-the Department of Public Works. 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 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 16 Publish Date: March 25, 2015 2Esrised; citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. C. The City 9je Department of Public Works shall be authorized to issue permits to the Downtown Ithaca Alliance 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 Sity-SIeFkSuperintendent'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 Vendina 5157-22 Mobile Vendina Cart Reaulations• A. Types of vendors on the Commons: (1) Food/beverage (non -alcohol only)/merchandise. Vendors selling food/beverages need to check with the Tom kips Coun 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 are required and 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: bexsads--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. (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). Publish Date: March 25, 2015 17 Devised: (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, aaatfire retardant tarp 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 f#is erdtaaasethe Department of Public Works. See also §157-18A. Maintenance Guidelines (10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions. (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. (17) Shopping carts are not allowed as part of the mobile vending space. 4157-23. Mobile Vendina Locations The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The Q SIerkSuperintendent'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 must be removed from the Primary 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. 4157-25. Agreements A. The Goy-Gle#Superintendent may issue agreements for mobile vending on the Primary Commons pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board annually. The City Cie*Superintendent may refuse to issue an agreement: (1) If there are no eligible vending sites available. Publish Date: March 25, 2015 18 Revised: (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 GlerkSuperintendent or his/her designee. 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) A description of the type of merchandise, service, food or beverage menu to be offered for sale. (3) Price list of each item being sold. (4) A description and photograph of the cart to be used. (5) Proof that the applicant has compiled 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) A certificate of liability insurance in an amount to be determined 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". (7) Proof of New York State Worker's Compensation and Disability insurance; or New York State Worker's Compensation and Disability exemption certificate completed. (8) Applicant shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (9) A written description of waste disposal plans for trash, water, grease, and other materials. (10) Proof of 501(C)(3) designation, if applicable. (11) The City CierkSuperintendent may require additional information from the applicant if deemed necessary. (12) Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the CSuperintendent within 10 days of the change. C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the SuperintendentGity Clerk- will prepare a mobile vending agreement between the vendor and the City of Ithaca. The SuperintendentGity-Gle*'s office will maintain the original agreement on file in their office. 19 Publish Date: March 25, 2015 Revised: 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 GrdiR@RGPthe Department of Public Works. 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 dean up within a specified time period. If the site is not cleaned up within that time period, the Department of Public Works will dean 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. F. Requested site location. Sites are listed on the MG ,,^'Commons Amenities Map obtained from the office of the Superintendent of Public Works. Site preference consideration will first be given to returning vendors, and then on a first -come basis. If two returning vendors request the same site, the site will be awarded on a first -come, first -serve basis. 4157-26. 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) 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 Commons and shall be so duly insured. 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. 4157-27. 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. B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. D. Vending carts must be attended at all times. Publish Date: March 25, 2015 20 Revised: E. All carts and equipment must be removed from the vending site at the close of business each day. F. All vendors must maintain the submitted list of items for sale and prices throughout the agreement period unless special permission is granted by the SuperintendentG+ty-for the Commons Advisory Board. G. 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. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and be responsible for the appropriate removal and disposal thereof. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. I. 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-erdinanrpthe Department of Public Works. See also §157-18A. Maintenance Guidelines J. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by the vendor. K. If a vending site remains vacant for three consecutive weeks without notification to the SuperintendentC#)y terk's office, it will be considered abandoned and re -assigned, with no refunds issued. L. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. M. The City does not provide water or electric service to mobile vendors. N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance. §157-28. Susoension or revocation of agreement A. The City may terminate a mobile vending agreement at any time without cause, in which case the 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 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 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. Publish Date: March 25, 2015 21 Revised: (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 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 days on which it is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca Alliance will take place on the Commons. A listing of these events and dates shall be maintained by the City-Glerk. 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 should contact the Downtown Ithaca Alliance, Ithaca Festival offices, v other event coordinator 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 Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the Superintendent 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 Superintendent f Public Works or his/her designee, the Fire Department or the Police Department. 6157-33. 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. Publish Date: March 25, 2015 22 Revised: §157-34. Penalties for offenses 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, Publish Date: March 25, 2015 23 Revised: