HomeMy WebLinkAboutMN-CC-2016-02-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 3, 2016
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Community Development Director – Bohn
Police Chief – Barber
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
SPECIAL ORDER OF BUSINESS:
4.1 The J. Diann Sams Annual African-American History Month Recognition Honoring
Mrs. Millicent L. Clarke-Maynard – Resolution
By Alderperson Nguyen: Seconded by Alderperson McGonigal
WHEREAS, since 2004 the City of Ithaca Common Council has recognized an individual in our
community of great esteem and stellar leadership during African-American History Month and,
in so doing, established a tradition of honoring outstanding leadership, courage against
unspeakable odds, and an unwavering commitment to community that is in keeping with the
vision of Dr. Carter G. Woodson, founder of Black/African-American History Month, and
WHEREAS, the late Alderperson J. Diann Sams was a civil rights leader, longtime public
servant, and the first African-American woman who also was a person with a disability to serve
on Common Council, and
WHEREAS, Common Council first bestowed this honor in 2004 on Alderperson Sams following
her retirement from serving on Council, and
WHEREAS, this annual recognition was renamed in 2007 in honor of Alderperson Sams, after
her passing, for her tireless efforts on behalf of African Americans and underrepresented
populations in and around Ithaca, and
WHEREAS, Common Council has awarded numerous outstanding leaders with said recognition
including:
2005, Dr. James E. Turner, world-renowned scholar and founding director of the Africana
Studies and Research Center at Cornell University;
2006, Mr. Calemeze (Cal) D. Walker, community advocate and visionary leader with the
Village at Ithaca;
2007, Mrs. Frances Eastman, first woman of color supervisor of medical records at the
former Tompkins County Hospital and past Tompkins County “Senior Citizen of the
Year” recipient;
2008, Ms. Lucy J. Brown, a dedicated citizen with an unwavering commitment to social
justice and promoting local civic collaboration and participation;
2009, Ms. Marcia J. Fort, longtime director of the Greater Ithaca Activities Center (GIAC),
so honored for her steadfast advocacy for the voiceless and oppressed of our
community and elsewhere;
2010, Mr. and Mrs. Abraham A. and Denise C. Dendtler Lee, longtime career educators in
the Ithaca City School District who lend their time, talent, and personal resources to
create or further local achievement for area children;
2011, Mr. Karl A. Graham, longtime community and youth-education advocate whose
work pushes for access and social improvement for all local residents;
2012, Mr. Kenneth E. Glover, an ardent supporter of Town-Gown relations to achieve
success through education, employment, and community involvement for area youth and
young adults;
February 3, 2016
2
2013, Mr. William (J.R.) B. Clairborne, Jr., and Mrs. Leslyn E. McBean-Clairborne, elected
officials whose public service advocates for social and economic justice through
inclusion, fairness, and accessibility to government services for, and sensitivity to, those
in need;
2014, Elder Ronald Benson of Ithaca’s Baptized Church of Jesus Christ, whose longtime
civic involvement and ministry in the pulpit, prisons, and television has exemplified
leadership through faith;
2015, Ithaca Police Lt. Marlon T. Byrd (ret.), advocate of community-oriented policing as
standard operating procedure, graduate of the FBI National Academy, the department’s
first Black investigator, and supportive mentor to officers, community members, and
family; and
WHEREAS, Dr. Woodson’s lifelong devotion to educating African Americans about their own
culture and history as part of U.S. history led to the modern-day, month-long observance of
Black, or African-American, History Month, which highlights the positive impact people such as
this award’s recipients have had on society, and
WHEREAS, an individual who has made an indelible stamp upon Ithaca history and is so
revered that she is worthy of community support is Mrs. Millicent L. Clarke-Maynard, a retired
educator and civic servant whose passion is promoting culture through education, holistic
improvement of children, and continuous community involvement, and
WHEREAS, this 33-year veteran educator of the Ithaca City School District, recruited from her
native Harlem, New York, by renowned educator Beverly J. Martin herself, served our school
district as an elementary school teacher and administrator at the Ithaca High School. During this
time, “Millie” (as she’s known to many) established herself not only as an effective, award-
winning teacher but also an advocate for faculty and staff speaking out for better wages,
benefits, and treatment, and
WHEREAS, Millie’s past involvement outside her classroom include serving on the Tompkins
County Human Rights Commission and Southside Community Center Board of Directors, as a
mediator with the Community Dispute Resolution Center, and numerous professional education
organizations at the local, state, and national levels, and
WHEREAS, having retired from the district in 2012, Millie only stepped up her community
involvement, continuing her service with the Ithaca Rotary Club; currently serving with the
National Math Foundation, New York State United Teachers Retiree Council 45, the Humanities
and Sciences Education Advisory Committee at Ithaca College, and the Steering Committee for
the Dorothy Cotton Institute; mentoring students at New Roots Charter School; being a
Community Advocate with the Village at Ithaca education-support organization, and singing with
the Dorothy Cotton Jubilee Singers, and
WHEREAS, Millie also has channeled her leadership skills into establishing the Teacher-on-the-
GO Consulting Group, holding executive positions with the local chapters of the Order of the
Eastern Star and graduate chapter of Alpha Kappa Alpha Sorority, Inc., volunteering with the
Math & Movement Programs, and establishing at Loaves & Fishes of Tompkins County its
Children’s Circle, which offers educational activities and entertainment to children dining with
their families, and
WHEREAS, for her involvement and excellence on numerous levels, Millie is listed in Who’s
Who in Education, received a Paul Harris Fellow from the Ithaca Rotary, Marjorie N. Penalver
Award from the Tompkins County Human Rights Commission, and the Black and Latino Greek
Council Distinguished Service Award from Cornell University, and
WHEREAS, in its nominating statement, the panel of this award’s past recipients note:
“We also know (Millie) continues to get involved wherever she feels she can help make a
difference. This is particularly true where children will benefit”; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council bestows upon Mrs. Millicent L. Clarke-
Maynard the 2016 J. Diann Sams African-American History Month Recognition and urges all
citizens to recognize the invaluable contributions of this positive, affirming, and dedicated citizen
– who demonstrates daily that civic involvement is about benefitting the community not one’s
self and also has become a stalwart example of the many prominent figures we celebrate
throughout history, particularly Black history; and be it further
RESOLVED, That in so doing, retired educator Mrs. Millicent L. Clarke-Maynard is worthy of
honor not only each year in February, but throughout the entire calendar year.
February 3, 2016
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Carried Unanimously
Former Alderperson J.R. Clairborne and Ithaca Police Officer Jack Bradley Nelson, son of J.
Diann Sams, presented the Resolution to Mrs. Clarke-Maynard. Mrs. Clarke-Maynard thanked
the Mayor and Common Council for the award and spoke about the importance of engaging
with the youth of the community and fostering their love of learning. She shared stories of her
volunteer work in the community and encouraged others to give back to the community as well.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Natural Areas Commission
Joe McMahon, Chair of the Natural Areas Commission (NAC), presented the NAC’s Annual
Report. He noted that the NAC has been working on the following issues:
Held productive walk-throughs of the Six Mile Creek and Fall Creek Natural Areas with
Common Council members and City staff
Gorge Ranger Program in the Six Mile Creek Natural Area
401-403 Lake Street recommendations
Development of a Natural Areas Management Plan and the creation of a Natural Areas
Coordinator position.
Coordination of Ithaca College students to assist with work in the Natural Area similar to
Cornell’s Gorge Steward program
Commission vacancies – would like to explore the option of appointing more people from
outside of the City
Liaison appointments – the BPW liaison position is vacant; however, Common Council
Liaison Josephine Martell has been an excellent addition to the NAC
ANNOUNCEMENTS:
Mayor Myrick announced that the 2016 Annual Financial Disclosure forms for the Mayor and
Common Council members are available for inspection in the City Clerk’s Office during normal
business hours.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council in support of the Officer Next Door Program:
Melissa Melendez, City of Ithaca/West Village
Pamela Cruz, City of Ithaca/West Village
Kristina Varner, City of Ithaca/West Village
Joel Harlan, Town of Newfield
Deirdre Kurzweil, City of Ithaca
The following people expressed concerns regarding the Officer Next Door Program:
Shari Korthuis, City of Ithaca
Harry Pruyne, City of Ithaca
The following people addressed Common Council on the following issues:
Larry Beck, Chair, Rental Housing Advisory Committee (RHAC), voiced his support for the
appointment of Russ Maines to the RHAC. He also stated that he supports all of the revisions
being proposed to the Exterior Property Maintenance Ordinance, particularly the definition of 24
hour storage.
Amanda Szerman, City of Ithaca, explained that the nurses at Cayuga Medical Center are trying
to unionize and this has led to tension, fear mongering, demotions, etc. She requested
Common Council’s support for their effort.
Marcus Williamee, Business Representative for the Plumbers and Steamfitters in Tompkins
County, shared voiced his support for the Officer Next Door Program, and the ability for the
nurses at CMC to organize a union. He further spoke about devastating unemployment rates
among the local unions despite the construction boom. He requested a study on all Community
Investment Incentive Tax Abatement Program (CIITAP) projects regarding the demographics of
the labor that is being used.
Carlos Gutierrez, Town of Ithaca/Tompkins County Workers Center, spoke about the
vulnerabilities of workers and how fear is the main deterrent to reporting poor working
conditions. He provided additional information on the CMC working conditions and the
unionizing actions that are underway.
February 3, 2016
4
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Murtagh thanked the residents of West Village for coming out to speak. He noted
that Ithaca is one of the top 10 expensive places to live for families so it is important to find ways
to make housing affordable for families. He voiced his support for the Officer Next Door
Program noting that it won’t fix everything but it is a great start.
He further noted that revisions to the CIITAP are being considered and he would like to speak
with Mr. Williamee further regarding local labor.
Mayor Myrick thanked Mr. Williamee for his comments and responded to comments made
regarding affordable housing. He noted that West Village is housing constrained with a vacancy
rate of 10%, which is very different from the rest of the City.
Alderperson Kerslick thanked the residents of West Village for their comments noting that
making the City safer is vitally important. He stated that the Officer Next Door Program is not
the only answer but it is a good tool.
He further voiced his support for the nurse unionization efforts at CMC noting that it may be a
County issue.
Alderperson Brock noted that West Village has been a focus of attention for many years. She
stated that there is a perception that just because housing is affordable that it is unsafe and that
is not true. She noted that good management improves housing.
She further expressed her dismay to hear about the working conditions at Cayuga Medical
Center and noted that she would be happy to write a letter of support. She also thanked Mr.
Williamee for his attention to the CIITAP.
Alderperson McGonigal voiced his support for the nurses right to unionize, noting that he has
already written a letter of support. He thanked the women from West Village for speaking out
and stated that they have done so much to improve safety on behalf of their children. He further
responded to a comment made about the police, stating that the police officers in this town care
about the people in Ithaca.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – Amendment to the 2016 Personnel Roster for the Youth Bureau -
Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, the Ithaca Youth Bureau has proposed to add one full time (35 hour) Program
Coordinator for Individuals with Disabilities and decrease the currently vacant Recreation
Specialist for Individuals with Disabilities position from 40 hours to 35 hours; and
WHEREAS, these changes will allow Recreation Support Services (RSS) to form a youth
program team and an adult program team; and
WHEREAS, this new staff structure will better meet the needs of participants, fulfill contractual
obligations and utilize staff expertise more efficiently; and
WHEREAS, no additional funds are being requested and these changes will be completed
within the approved 2016 budget; and
WHEREAS, the Youth Bureau has worked with the Human Resources Department to develop
the staffing transition plan now; therefore, be it
RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows:
Add: One (1) Program Coordinator for Individuals with Disabilities – 35 hours
Decrease: One (1) Recreation Specialist for Individuals with Disabilities from 40
hours to 35 hours
And; be it further
RESOLVED, That said roster amendment will be made within existing funds of the 2016
authorized Youth Bureau Budget.
Carried Unanimously
February 3, 2016
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8.2 Department of Public Works – Re-allocation of Position – Fleet Manager -
Resolution
By Alderperson Kerslick: Seconded by Alderperson Martell
WHEREAS, the Department of Public Works assigned increased responsibilities for the
implementation and advancement of the City’s Green Fleet Policy, New York State Department
of Environmental Conservation (NYSDEC) certification requirements for DPW’s fuel site
operation, and the management of the City vehicle fleet to the position of Motor Equipment
Maintenance Supervisor; and
WHEREAS, after assuming and performing these responsibilities for the past few years, the
Motor Equipment Maintenance Supervisor requested a formal review of his position pursuant to
the terms of the City Executive Association contract; and
WHEREAS, the review determined that the responsibilities cited are being performed, and that
the logical and most cost-effective means of accomplishing these tasks and meeting the
NYSDEC certification requirements is by assigning them to the Motor Equipment Maintenance
Supervisor position; and
WHEREAS, the Civil Service Commission incorporated these tasks and responsibilities into the
Motor Equipment Maintenance Supervisor job description, and simultaneously retitled the
position as Fleet Manager to more comprehensively reflect the work being performed; and
WHEREAS, the Human Resources Department conducted a point factor analysis of the position
as it is currently being performed and determined that the current grade allocation of the Fleet
Manager position is incorrect; now, therefore, be it
RESOLVED, That the position formerly known as Motor Equipment Maintenance Supervisor
and now titled as Fleet Manager be re-allocated from Grade C to Grade A of the City Executive
Association Compensation Plan; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the New York
State and Local Employees’ Retirement System, the standard workday for the title of Fleet
Manager shall be established at eight (8) hours per day (forty (40) hours per week); and, be it
further
RESOLVED, That the funding for this change shall be derived from existing funds within
the Department of Public Works budget.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 An Ordinance to Amend Chapter 95 of the City of Ithaca Municipal Code entitled
“Police Department” to add Article I entitled “Officer Next Door Program”
By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
WHEREAS, the Common Council, the Mayor, and the Police Chief, have explored and do
support the creation of an “Officer Next Door” program (the “Program”) in one area of the city,
namely that area known as West Village; and
WHEREAS, in the future, the City may identify additional areas of the city experiencing higher
crime rates in which such a program could also be useful; now, therefore
ORDINANCE __-2016
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that:
1. The Program presents strong potential to benefit public safety in the City, both in the
specified Program Zones and beyond, and both on private and public property.
2. The Chief of Police and the Mayor have identified and expressed their support for the
foregoing expectation of public benefit.
3. Section 55-5 of the City of Ithaca Municipal Code entitled “Code of Ethics – Gifts”
prohibits City officials and employees from accepting or receiving any gift having a value
of $75 or more, under circumstances in which it could reasonably be inferred that the gift
was intended to influence him or her or could reasonably be expected to influence him or
February 3, 2016
6
her in the performance of his or her official duties or was intended as a reward for any
official action on his or her part.
4. Officers receiving housing under this program will be rendering a public service, as
solicited and administered by the Ithaca Police Department; and thus will not be
receiving a gift in violation of Section 55-5 of the City Code.
5. The City Attorney has opined in accord with the foregoing.
6. While not directly relevant in the City of Ithaca, the New York City Conflicts of Interest
Board has opined in Advisory Opinion 97-02 that officers of the New York City Police
Department may participate in a Resident Police Program similar to the “Officer Next
Door Program” created by this ordinance without violating the conflicts of interest
limitations placed on those officers by the New York City Charter.
Section 2. Creation of Article I.
Chapter 95 of the City of Ithaca Municipal Code entitled “Police Department” shall be amended
to create Article I entitled “Officer Next Door Program” which shall read as follows:
Officer Next Door Program
(1) Purpose and Intent: The purpose and intent of this Article is to increase community
policing and reduce crime by encouraging and enabling officers of the Ithaca Police
Department to reside in specified Program Zones.
(2) Program Zones: The Program shall only operate in those Officer Next Door Program
Zones (“Program Zones”) identified in the following list, as amended by the Common
Council from time to time: that area containing tax parcels adjoining West Village Place,
Abbott Lane, or Chestnut Street (including those areas commonly known as “West
Village” and “Chestnut Hill Apartments”).
(3) Administration: The Program will evaluate and, at the discretion of the Chief of Police,
accept for Program participation one or more housing units made available, on a solely
voluntary basis, by property owners or lessees within a Program Zone, said housing
units to be offered for Program participation at a discount of not less than 50% off of the
market rate applicable to each unit made available. All City officials and City employees
are expressly forbidden from soliciting property owners or others to volunteer housing
units in connection with this Program.
(4) Selection: Upon availability to the Program of one or more housing units, or upon
subsequent vacancy of such units, the Chief of Police shall make available within the
Department an application for participation in the Program. Upon application by
interested officers, participants in the Program shall be selected by the Chief of Police
based upon factors including, but not limited to, relevant experience and community
policing ability.
(5) Requirements: Minimum requirements for officer participation in the Program shall
include:
a. A commitment by the officer to maintain full-time residence in the Program Zone
for a minimum period of one year.
b. Certification that the officer has not resided in the Program Zone during the
twelve (12) months preceding the date of their application for Program
participation, excepting residence that commenced anytime between September
1, 2015 and December 31, 2015 and that either did not extend beyond May 1,
2016 or did so extend in the form of approved participation in the Program.
c. Execution by the officer of a waiver and release, as approved by the City
Attorney, releasing the City and the Department from any and all liability and
cost, statutory, regulatory, judicial, or otherwise arising from the Officer’s
participation in the program, residence in the housing unit, and any associated or
related activities, incidents, injuries, or damages arising at any time that the
officer is not entitled to hourly compensation from the Department for services
rendered in the course of employment.
(6) Lease Agreement: Once notified of the Chief of Police’s approval of an officer’s
application for participation in the Program, the selected officer may arrange and
execute, at exactly the rate of discount previously offered to the Program for that
particular housing unit, a lease that, if executed, shall be solely between the officer and
the landlord. The City shall not be a party to said lease and shall not be financially
February 3, 2016
7
responsible or liable in connection with the lease for any costs, damages, fees, or other
payments due by either party to the lease to anyone at all.
(7) Gifts: Participation in the Program, if in full compliance with this Article, shall not
constitute a violation of Section 55-5 of the City Code.
Section 3. Severability. Severability is intended throughout and within the provisions of this
Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon publication as
provided for in the City Charter.
Police Chief Barber thanked the residents of West Village for speaking out, noting that the
program has shown success already. He urged Common Council to support this initiative to
show those residents that the City supports them. He stated that this program is not the only
solution but it is a good tool.
Alderperson Fleming spoke in favor of the program in principle but noted that she still has
concerns regarding the program in practice. She stated that the expectations of the officers
participating in this program need to be very clear. She further stated that there should be
mechanisms in place to evaluate the program after a year (crime statistics, rental rates,
satisfaction of the neighbors, etc.). She believes that the housing agreement should be
between the housing complex management and the City, to make it clear that the officer is
participating in a city program and not receiving a gift. She commented that other low income
housing in city is well managed and questioned what the management practices Omni
implemented (ie. tenant screning, on-site management program, etc)
Police Chief Barber highlighted measures that Omni has taken such as actively participating in a
task force made up of residents and city staff, reviewing their management practices, listening
to tenants more, strengthening their eviction process, being available for contact 24/7, and
requesting to participate in a program like this.
Mayor Myrick noted that improvements could be made to Omni’s tenant screening process;
however, they have added a lot of new security cameras, and brought on an increased level of
on-site management though more is still needed. He noted that there is plenty of work ahead
and this program does not relieve Omni from management responsibilities.
City Attorney Lavine clarified that when the officer is home, he is off-duty and not working. The
expectations of officers participating in the program are simple, they have to commit to live there
for a year (and verify that they haven’t lived there for a year prior to being accepted into the
program), get to know the residents and become part of the neighborhood, be an excellent
professional witness, and call an on-duty police officer if there is an incident unless life safety is
at risk. He further explained that leases need to be between the officer and management
because it is not appropriate for the city to have a possessory interest in the apartment or to
lease apartments. The officer has to be vetted through a city process, so that clears them from
the perception of receiving a gift.
Alderperson Kerslick stated that he supports the intent of the program; however, he is unclear
what public service the officer would be providing by simply living in the complex. He further
voiced concerns regarding the management of the complex, noting that other affordable
housing complexes have waiting lists but West Village is not one of them, largely due to
management. He would like to see this be a limited time program that would be evaluated on a
regular basis. He further stated that he believes that officers having access to subsidized
housing should not be limited to police, it should include firefighters and other suitable staff in
the city.
City Attorney Lavine responded that crime reduction is a public service. Making a long-term
commitment to live in the complex and act as a professional witness also qualify. He noted that
two officers are already living in West Village and have been selected by the Police Chief to
participate in the program.
Extensive discussion followed on the floor with Alderperson Brock expressing concern about the
officers having access to live video feed from the 86-100 cameras that are located on the
exterior of the complex. She feels that this creates a quid pro quo situation where there is an
expectation that the officers would be monitoring the surveillance cameras. Chief Barber
clarified that the video is live and does not have a playback function. Neighbors could call the
February 3, 2016
8
officer if they saw suspicious activity and he could check the cameras and make a determination
of whether or not to call for police response. He stated that if Common Council was
uncomfortable with this arrangement, they could disable the service. He further confirmed that
the Ithaca Police Department has already been given access to this video feed and it is
available to all on-duty police officers.
After further discussion regarding officer work/life balance, Mayor Myrick suggested that the
access to video cameras be terminated and re-evaluated once the program has been running
for a few months.
Alderperson Brock suggested that Ordinance be deferred back to committee for proposed
changes. She stated that the perception of significant conflict of interest needs to be more fully
discussed, as it appears that this program would provide private security services for a for-profit
company.
Mayor Myrick proposed amendments that would address some of the concerns expressed.
Amending Resolution:
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED, That the Ordinance be amended to add the following Whereas clause:
“WHEREAS, The Common Council requests that property managers continue to work with the
City and its residents to improve management techniques and improve the quality of life and
safety for its residents; now, therefore”
Discussion followed on the floor regarding the appropriate placement of this language in the
legislation. A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Brock suggested that these changes would be more appropriately made in
committee than on the floor of Council. Mayor Myrick responded that he did not think the
legislation should be delayed any further due to the urgency of the problem.
Amending Resolution:
By Alderperson Kerslick: Seconded by: Alderperson Smith
RESOLVED, That a new subsection (8) be added to the Ordinance to read as follows:
(8). Sunset: Unless otherwise extended by approved ordinance of the Common Council, this
Article and the Program shall expire on March 1, 2018.
Discussion followed regarding how the success of the program would be measured: resident
survey, law enforcement data collection, vacancy rates. Alderperson Brock noted that the call
data for West Village has decreased as residents have been urged to call the New York tip line.
She strongly urged that the program review include management practices.
Alderperson Mohlenhoff suggested that a mid-way report be conducted after one year.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Brock questioned whether the Opinion of the NYC Conflicts of Interest Board
applies in this case as it relates to public housing and a public benefit, and this program involves
a private housing development. City Attorney Lavine stated that the parallels between the
programs are very relevant. Similar to New York City, the City of Ithaca has created a program
that provides a public benefit that police officers are selected to participate in.
Amending Resolution:
By Alderperson Brock: Seconded by
RESOLVED, That the Item 6 in Section 1 of the Ordinance entitled “Findings of Fact” be
removed.
Motion failed for lack of second
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Martell
Nays (1) Brock
Carried
February 3, 2016
9
9.2 Ithaca Urban Renewal Agency (IURA) - Housing Fund, Funding Round #10–
Authorize Disbursement of $165,000 Pursuant to an Executed Memorandum of
Understanding (MOU) - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
WHEREAS, pursuant to an executed Memorandum of Understanding (MOU), the Program
Oversight Committee for the Community Housing Development Fund (CHDF) recommends that
the City of Ithaca approve Round #10 funding assistance for the following affordable housing
projects:
Amount: $80,000
Applicant: Habitat for Humanity of Tompkins and Cortland Counties
Project Name: Breaking Ground: Habitat for Humanity’s inaugural Ithaca Builds!
Project Summary: Construction of 2 new ownership units at 101-107 Morris Avenue,
Ithaca, NY
Amount: $85,000
Applicant: Ithaca Neighborhood Housing Services, Inc. (INHS)
Project Name: Scattered Site New Construction 2015 - INHS
Project Summary: Construction of 8 new for-sale housing units at two sites: 7 units at
210 Hancock St., Ithaca, NY, and one unit at 304 Hector Street,
Ithaca, NY, and
WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 18,
2015, to review recommendations from the Application Review Committee of Round #10
funding applications for new affordable housing projects; and
WHEREAS, the City of Ithaca is represented on the POC by former Alderpersons J.R.
Clairborne and Chris Proulx, and former member of the Ithaca Urban Renewal Agency (IURA),
Doug Dylla; and
WHEREAS, the CHDF was established in 2009, and renewed in 2015, by (MOU) among and
between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to
increase the supply of permanently affordable housing in the County; and
WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the
City of Ithaca and Tompkins County each contribute $100,000 annually; and
WHEREAS, the Common Council determined that City contributions to the CHDF should be
used to assist projects located within the City of Ithaca; and
WHEREAS, City funds committed to the Housing Fund for the above listed projects are derived
from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate
project at 110 Dryden Road, and are held by the IURA; and
WHEREAS, the POC recommends Round #10 funding of $500,000 for the following three
affordable housing projects:
Community Housing Development Fund
Round #10 Recommended Funding Awards
Applicant Project # Afford.
Units Location Funding ($1,000s)
Cornell County City Total
Habitat for
Humanity
Breaking
Ground
2 owner-
occupied
(C)Ithaca
-101-107
Morris Ave.
00 8080
INHS
Scattered Site
New
Construction
2015
8 owner-
occupied
(C)Ithaca
-210 Hancock
St
-304 Hector
St.
2350 85320
INHS
210 Hancock
Redevelopmen
t
6 add’l
rental
(C)Ithaca
-210 Hancock
St.
0100 0100
Totals 235100 165500
and,
February 3, 2016
10
WHEREAS, on May 26, 2015 the City of Ithaca Planning & Development Board, acting as Lead
Agency, issued a negative declaration that the 210 Hancock Redevelopment project, including
owner-occupied units, will result in no significant impact on the environment; and
WHEREAS, construction of single-family and two family residences is a Type II action under
SEQR/CEQRO, therefore no environmental review is required for the proposed projects at 101-
107 Morris Avenue or 304 Hector Street; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure
of up to $80,000 to Habitat for Humanity of Tompkins and Cortland Counties, and an additional
expenditure of up to $85,000 to Ithaca Neighborhood Housing Services, Inc., from the City’s
contribution to the Community Housing Development Fund to implement the above listed
affordable housing projects; and, be it further
RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca
Urban Renewal Agency; and, be it further
RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a
fiscal agency agreement with Tompkins County to implement this resolution.
Carried Unanimously
City Controller’s Report:
City Controller Thayer reported on the following:
The proposed 2016-17 New York State Budget has been released. The City’s AIM
payment will remain the same at $2.6 million – this amount has not been increased since
2009 and has been reduced over that time. Since 1989, the City’s state aid payment
has only increased $185,000.
CHIPS funding will remain the same at $437,000
There is $2.5 billion in the NYS budget for infrastructure projects such as bridges,
paving, extreme weather infrastructure improvements, etc. How those funds will be
allocated is uncertain at this time
There is $20 million of grant awards available for municipal consolidation plans that
result in reduction of taxes
Other grant funds are also available for consolidation and efficiencies of municipal
programs
There is a proposal to raise minimum wage to $15 per hour by July 1, 2021. This
phased in program would begin on July 1, 2016
The City will be issuing Bonds/BANS for 2016 and converting outstanding 1 year BANS
to Bonds. The City has just been re-rated by Moody’s and has maintained its Aa2 Bond
rating.
The Controller’s Office is working through year-end activity and should have final
numbers next month
Alderperson Kerslick questioned whether local sales tax is mimicking sales tax decreases
around the country. City Controller Thayer responded that the City will not meet the budget for
2015 sales tax revenues due to lower collections that are a result of lower fuel prices; however,
the lower costs have also decreased operating fund expenses and have added consumer
discretionary income. Alderperson Brock requested that City Controller Thayer redistribute the
analysis that former Chief of Staff Sutherland conducted on the portion of sales tax that comes
to the City.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code entitled
“Commons” to Repeal and Replace the Chapter in its Entirety
By Alderperson Murtagh: Seconded by Alderperson Kerslick
ORDINANCE NO. 2016- __
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 to read 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."
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§ 157-2. Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so
as to promote the general welfare and public use of said area.
§ 157-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMONS ADVISORY BOARD
That board, duly appointed by the Mayor, with approval of the Common Council, charged with
various activities and/or powers relating to the Ithaca Commons by the Common Council.
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS — That area of public property between the south building lines on
the north side and the north building lines on the south side of the former bed and associated
sidewalks of East State/East Martin Luther King, Jr. Street between the east line of Cayuga
Street and the west line of Aurora Street and that area of public property between the west
building lines on the east side and the east building lines on the west side of the former bed and
associated sidewalks of North Tioga Street between the north line of East State Street/East
Martin Luther King, Jr. and the south line of Seneca Street.
(2) SECONDARY COMMONS — That area of public property between the south building lines
on the north side and the north building lines on the south side of the 100 and 200 blocks of
East Green Street, the 300 block of East State/East Martin Luther King, Jr. Street, the 100 block
of West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca
Street and the public property between the east building lines on the west side and the west
building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of
South Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street
and the 100 block of North Cayuga Street.
B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary
Commons and the Secondary Commons as described above.
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
A not-for-profit business improvement league which engages in the following program areas for
downtown Ithaca: business retention and development; promotions and marketing; government
relations; image marketing. The Ithaca Downtown Business Improvement District is also known
as the Downtown Ithaca Alliance (DIA).
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used,
or maintained for the display, distribution or sale of newspapers, magazines, news periodicals,
or other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other material,
mounted on wheels, manually operated that is generally provided by merchants/stores for the
conveyance of merchandise, foodstuffs and other property to automobiles and other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material. A standard awning must be capable of being rolled up or retracted to
within one foot of the face of the structure to which it is attached. Such standard awning must
not be capable of projecting from the face of the structure upon which it is mounted more than
four feet from the face of the structure and must be no taller than four feet. The standard awning
must be mounted on the face of the structure to provide for an unobstructed clearance below
the rigid frame of the standard awning of seven feet above the sidewalk below. A 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
February 3, 2016
12
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.
SUPERINTENDENT
Unless otherwise stated, “Superintendent” shall refer to the City of Ithaca’s Superintendent of
Public Works or his/her designee.
§ 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.
(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 City ClerkSuperintendent, 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
February 3, 2016
13
has been granted by the Planning and Development Board or the Ithaca Landmarks
Preservation Commission pursuant to
Chapter 170, Encroachments.
(c) Design and placement of public identification, informational and directional signs and
graphics on the Commons.
(d) Design and placement of, and materials used in, street furniture, such as benches, outside
dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques,
and similar items used on public property on the Commons.
(e) Design, placement and use of decorations on the Commons.
(f) Installation or use of public or private sound amplification and transmission systems or
equipment on the Commons.
(g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and
to make such other recommendations to the Mayor and Council and other public boards,
officials, groups, or individuals as may be appropriate relative to the operation and
administration of the Commons.
(2) Indirect. The Commons Advisory Board will review and advise on those matters listed below:
(a) Type, placement and amount of landscaping on the Commons.
(b) Public lighting on the Commons.
(c) Public and private construction, renovation and rehabilitation of building facades and open
spaces (parking areas, entries, etc.) except for the installation of a standard awning or a
standard canopy and demolition on the Commons. Review shall be in terms of aesthetic
character, visual effect and operational impact, provided that such review and advice shall not
be required when the construction, renovation and rehabilitation applies to a marquee, canopy
or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by
the Planning and Development Board or the Ithaca Landmarks Preservation Commission
pursuant to Chapter 170, Encroachments.
(d) Public maintenance and repair on the Commons.
(e) Traffic movement, parking and delivery methods around the Primary and Secondary
Commons.
(f) General maintenance of order on the Commons.
(g) Placement, size, and type of public artwork, in any form, on and around the Primary and
Secondary Commons.
Article II. Use of the Commons
§ 157-5. Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities, displays,
exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in
accordance with the provisions of this section. General classes of permits that will be referred to
the City ClerkSuperintendent 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.
(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 Primary Commons by permit only, pursuant to
§157-12. for residents and businesses on the Commons, with written permission from the
property owner. The permit allows the dog to be brought onto the Primary Commons by the
shortest and most direct path to and from the business or residence. It does not allow the dog to
be on the Primary Commons in any other way. The permit is valid for one year from the time of
issuance, and must be carried with the dog’s owner at all times.
February 3, 2016
14
(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 Clerk'sSuperintendent’s of Public
Work’s office. The City ClerkSuperintendent, 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 ClerkSuperintendent 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 ClerkSuperintendent 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 ClerkSuperintendent,
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.
(7) The City ClerkSuperintendent will be responsible for notifying appropriate City staff of permit
issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
C. Report of permit activity. A report on requests for permits and approved activities scheduled
will be made at the regular meeting of the Commons Advisory Board.
§ 157-6. Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be:
(1) To supervise all materials, displays, products, equipment, and volunteers.
(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 GuidelinesCleaning and Repairing
(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 City ClerkSuperintendent, 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.
February 3, 2016
15
(7) To provide a security deposit, when required by the Superintendent of Public Works, or the
Commons Advisory Board or the City Clerk, to cover anticipated cleaning and repair costs.
(8) To show proof, when required, of various documents including a New York State sales tax
certificate or 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.
§ 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 §157-8. On weekdays, amplified sound is allowed
from 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. Performers are required to schedule 20 minutes
of quiet time for every hour of amplified sound. Requests to extend the hours of amplified sound
may be made to the Commons Advisory Board.
These regulations do not pertain to Special Events that are regulated under §132-7 of the City
of Ithaca Municipal Code.
(3) 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
City ClerkSuperintendent 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
other than a designated play structure, public art piece, light pole, tree, or planter on 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 or the City Clerk has been granted.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons
merchants would be allowed to display and sell merchandise on the Ithaca Commons.
(12) Aggressive solicitation is prohibited pursuant to Chapter 250-9 of the City of Ithaca
Municipal Code.
February 3, 2016
16
(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.
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/pay 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 GuidelinesCleaning and
Repairing
(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
GuidelinesCleaning and Repairing
(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 GuidelinesCleaning and
Repairing
(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.
(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.
February 3, 2016
17
§ 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 mallarea.
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.
Performers are required to schedule 20 minutes of quiet time for every hour of amplified sound.
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. Requests to
extend the hours of amplified sound may be made to 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 ClerkSuperintendent, City Electrician,
and the Commons Advisory Board so as to minimize nuisance or hazard conditions.
§ 157-9. Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the 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 ClerkSuperintendent. Permits will only be issued for a two hour time
period.
B. No vehicle shall operate at a speed greater than five miles per hour. The use of a flagger
and/or hazard flashing lights is required for any permit granted by the City ClerkSuperintendent.
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
ClerkSuperintendent’s office prior to beginning the work, when 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 in this ordinance
established by the Department of Public Works must be followed. See also §157-18A.
Maintenance GuidelinesCleaning and Repairing
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
February 3, 2016
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passengers. No other use of the loading zones shall be made without the express written
permission of the Chief of the Police Department.
§ 157-10. Bicycles and other wheeled devices.
A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the
Primary and Secondary Commons. Standing or sitting astride a bicycle with one leg on either
side of the bicycle is also prohibited. Wheelchairs, baby strollers and similar devices intended
for the convenience and comfort of infants or people with disabling conditions are permitted on
the Commons. Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary
Commons or having a bicycle or skateboard in the pedestrian's possession while on the 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
(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.
§ 157-11. Alcoholic beverages.
No alcoholic beverages may be sold or consumed on the Ithaca Commons except by special
permit approved by the Common Council for a specific date, location and duration. Liquor and
general liability insurance may be required in an amount to be determined based upon the
nature of the event; but, in no case, shall it be less than $1,000,000.00. Insurance certificates
must name the City of Ithaca as an “Additional Insured” for the duration of the event.
§ 157-12. Dogs 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
ClerkSuperintendent 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
ClerkSuperintendent. 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
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business that requires the presence of animals to perform the function of the business, one
permit shall cover the business and all of its customers.
In addition, a valid New York State dog license is required, and must be presented at the time of
application for the permit.
E. The Commons Advisory Board shall review each application for a business permit and shall
grant such permit upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of the three
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.
§157-13. Posting of bills and notices.
A. Posting of bills or notices or the attachment of any unauthorized devices to any public
structures of the Commons is prohibited.
§157-14. 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.
§157-15. Refuse.
Commons businesses and residents will be allowed 24/7 access to a secure disposal facility.
Private trash and recycling will not be collected on the 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
this ordinance are to be followedthe Department of Public Works must be followed. See also
§157-18A. Maintenance Guidelines.Cleaning and Repairing
Fines will be imposed for users who abandon unaccepted items or who dispose of trash without
using an authorized bag.
§157-16. Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except
by permit issued by the Superintendent of Public Works.
§157-17. Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the
defacing or damaging of property is prohibited unless expressly authorized by the
Superintendent of Public Works.
§157-18. Cleaning and repairing.
A. All users involved with activities on the Commons shall be responsible for cleaning and
repairing to assure that the Commons will be returned to its prior condition previous to its
use. Failure to comply with this provision shall result in the City's taking necessary action to
clean and repair the Commons and to restore it to its prior condition. In such case, the City
shall bill the user for the cost of such repairing or cleaning, both on the Commons and on
the surrounding business improvement district. It is expected that the same level of
maintenance will be extended to the entire business improvement district as prevails for the
Commons. This provision shall not relieve the City from performing normal, routine cleaning
and maintenance activities.
a.B. Maintenance and Snow Removal Guidelines
(1) Stain Removal GuidelinesGuidelines 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
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as needed. Guidelines will be made available through the Superintendent’s office and listed on
the City’s website.
i. The City recognizes that during the regular use of the Commons, spills,
drippings, and other stains may occur on occasion. In order to maintain the
integrity of the pavers, the following are guidelines for removal of common
stains and should be observed whenever possible:
Treatment for Common Stains
Stains Treatments
1. Oil and grease
Soak up excess oil with rags. Then cover with
an oil absorbent material, like kitty
litter. Leave on stain for 24-48 hours, and then
sweep dry. Another option would be
to apply a 100% pure citrus degreaser, directly
to stain, and then blot up with a rag
and hose area down.
2. Chewing Gum
Apply small amount of dry ice and then scrape
off with a putty knife or apply 100% pure citrus
degreaser, apply directly to gum marks and
scrape off.
3. Paint
Use rags to remove excess paint by blotting,
do not wipe, it will spread the paint around. If
the paint is a latex, water based, soak with hot
water and scrub by using
detergent with a stiff bristled brush. Rinse
periodically, repeat as necessary. Oil, paint
and sealer remover is a specialized cleaner
that can be applied after
oil-based paint has dried. Follow manufactures
instructions.
4. Leaf and Wood Rot
Apply household bleach and scrub with a stiff
bristled brush.
5. Mortar
Try to remove immediately with a garden hose.
If that is not possible, let it harden and remove
with a scraper or putty knife.
6. Tobacco
Apply household bleach and scrub with a stiff
bristled brush.
7. Rust Stains
Directly apply Rust Stain remover to the
effected spots to lift these types of stains.
Contact Hanover® for specific material.
8. Grease drippings from
food, ketchup, mustard
Apply general concrete paver cleaner to these
types of stains.
9. Clay Soils
Scrap off the dry built-up material with putty
knife, scrub and rinse off with hot water. A
detergent may be necessary to release the
stain.
10. Tar
Apply 100% pure citrus degreaser. Apply
directly to stain, blot up with a rag and then
hose area down.
11. Tree Sap
Apply 100% pure citrus degreaser. Apply
directly to stain, blot up with a rag and then
hose area down.
12. Concrete dust from cutting Rinse immediately with water and/or use a
cleaner designed for cleaning concrete pavers
Please Note: If the stains are severe and cannot be removed, pavers can be replaced with new
materials. Unlike other paving materials, concrete pavers will not have the extreme unsightly
patch marks.
b. Snow Removal Guidelines
i. Snow Removal
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1. For removal of snow on the Primary Commons surfaces, only rubber or nylon
tipped shovels or snow blowers may be used. Snow blowers should not contain chains
on the tires, as they could damage the face of the pavers.
ii. De-Icing
1. Rock salt should never be used on the Primary Commons Surfaces
For ice melting, Magnesium Chloride may be used, but should be swept off of
the surface once the ice is melted.
§157-19. Fees.
Permit and use fees will be established by the Commons Advisory Board in consultation with
the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if
deemed in the best interest of the community. All fees shall be paid at the time the permit is
issued.
§157-20. Street Performers
Street performers and acoustical musicians may perform on the Ithaca Commons between
10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday
and Saturday. All street performers shall locate along the edge of the fire lane and must remain
mobile at all times in case emergency vehicles require access to the area. Performance
equipment and materials may not be left unattended. Street performers must move to a different
location every 45 minutes. The Commons Advisory Board reserves the right to designate
specific areas for street performers.
The use of amplified sound or fire during a performance is only allowed by permit from the
Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and
other percussion instruments require a noise permit from the Commons Advisory Board.
Performers are responsible for monitoring and controlling the volume of sound they make and
must reduce the volume upon the request of the Ithaca Police Department, City Clerk staff,
Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board.
Performers may accept voluntary donations but shall not base their performance upon payment
or aggressively solicit contributions.
Performers must not be under the influence of alcoholic beverages or controlled substances
while performing. Ithaca Police Officers may require performers to relocate or leave the
Commons area if they are creating a disturbance that negatively impacts the businesses or
residents in the area.
At the conclusion of a performance, the performer is responsible for removing any debris, trash,
or litter associated with the performance or audience.
Article III. Outdoor Dining
§157-21. Applications; rules of operation; permits; appeals.
A. The City 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
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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.
(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 ordinancethe
Department of Public Works. See also §157-18A. Maintenance GuidelinesCleaning and
Repairing.
(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
citizenship status, marital status, national origin, race, religion, sexual orientation,
socioeconomic status, or weight.
C. The City ClerkDepartment 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.
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D. Appeals for denied agreements. Any person or group that has been denied an agreement for
outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory
Board. Such appeal shall be submitted in writing to the City ClerkSuperintendent's office within
10 days from the date of denial. The Commons Advisory Board may act to sustain the original
decision or to revise it, with or without conditions.
Article IV. Mobile Vending
§157-22 Mobile Vending Cart Regulations:
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to
check with the Tompkins County Health Department and Ithaca Fire 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: box carts – carts that are shaped like a square or rectangular box, having a
permanent roof, four permanent sides and limited see-through ability- are not permitted.
(3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both
coolers are required to be stored on the same dolly. Each food vendor is required to have one
dolly. Coolers must be pressed up against cart or no more than 6” away from cart. All coolers
must be kept in a clean and sanitary condition free of dirt, grime, grease.
(4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not
attached, they must be heavy enough to withstand considerable winds or other natural
elements.
(5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart.
(6) Height: Maximum of eight feet (from pavement to highest point of the cart).
(7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu.
Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting
not approved by the Commons Advisory Board must be removed immediately.
(8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels
are preferred. Wheel chocks may be used.
(9) Mats: Required for food/beverage vendors only. Clean solid, matfire 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 this ordinancethe Department of Public Works.
See also §157-18A. Maintenance GuidelinesCleaning and Repairing
(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.
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(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.
§157-23. Mobile Vending Locations.
The Commons Advisory Board is authorized to determine appropriate locations where vending
shall take place. The City ClerkSuperintendent'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.
§157-25. Agreements.
A. The City ClerkSuperintendent 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 ClerkSuperintendent may refuse to issue an agreement:
(1) If there are no eligible vending sites available.
(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 ClerkSuperintendent 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 complied with the established regulations of the Tompkins
County Health Department, Ithaca Fire Department and other appropriate state, federal and
local laws and regulations applicable to the vending business.
(6) 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 ClerkSuperintendent may require additional information from the applicant if
deemed necessary.
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(12) Whenever a name or address provided by the vendor on his or her agreement or
application changes, he or she shall notify the City ClerkSuperintendent within 10 days of the
change.
C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees,
the SuperintendentCity Clerk will prepare a mobile vending agreement between the vendor and
the City of Ithaca. The SuperintendentCity Clerk’s office will maintain the original agreement on
file in their office.
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 ordinancethe Department of Public Works. See also §157-
18A. Maintenance GuidelinesCleaning and Repairing. If grease or other stains are found at the
vending site, the Department of Public Works shall make arrangements with the vendor for
clean up within a specified time period. If the site is not cleaned up within that time period, the
Department of Public Works will clean the site and will subtract the fee from the security deposit.
If additional costs are incurred, the vendor will be billed accordingly.
E. All fees are nonrefundable.
F. Requested site location. Sites are listed on the Mobile VendingCommons 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.
§157-26. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are
suspended or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
(4) 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.
§157-27. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their
equipment within their assigned site.
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.
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 SuperintendentCity Clerk or 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.
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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 ordinancethe Department of Public Works. See also §157-18A.
Maintenance GuidelinesCleaning and Repairing
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
SuperintendentCity Clerk'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. Suspension 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.
(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 Clerk. The vendor
will be required to make application to the event coordinator and pay any additional fees as
required. Vendors may be relocated from their assigned spot during the event, at the discretion
of the event coordinator. Vendors must follow the rules of each event. Vendors interested in
vending during special events should contact the Downtown Ithaca Alliance, or Ithaca Festival
offices, or other event coordinator for information regarding vending requirements for those
special events.
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§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
SuperintendentCity 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
SuperintendentCity Clerk's office, Department of Public Works or his/her designee, the Fire
Department or the Police Department.
§157-33. Applicability of other ordinances.
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall
apply to the Ithaca Commons.
§157-34. Penalties for offenses.
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.
Discussion followed on the floor regarding service dogs and the requirement of dogs to be on
leashes while on the Commons with a permit.
Alderperson Brock thanked Executive Assistant Kathy Servoss for her work on this Ordinance.
A vote on the Ordinance resulted as follows:
Carried Unanimously
10.2 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code entitled
“Exterior Property Maintenance” Sections 178-3 entitled “Standards for Grounds and
Exterior Property” and 178-10 entitled “Enforcement”
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property
Maintenance requirements for properties throughout the city, and;
WHEREAS, The City of Ithaca recognizes and affirms that clear and accessible sidewalks are a
priority for the city as a matter of protecting our citizen’s civil rights to effectively use the
sidewalk and pedestrian infrastructure within the city, and;
WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to
violations of this chapter, along with certain time periods by which some violations are defined,
and;
WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to
Common Council to lower the civil penalties and address the issue of lids missing from garbage
containers; now therefore
ORDINANCE __-2016
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
February 3, 2016
28
Section 1. Findings of Fact. The Common Council finds that the public will be better served by
a lower schedule of civil penalties applicable to violations of this chapter, including taking
account of the minor nature of violations comprised only of lids missing from garbage
containers.
Section 2. Amendments to Section 178-3.
Paragraphs A through F of Section 178-3 shall be amended as follows:
A. All grounds on the exterior of the premise and all porch areas are kept free from solid
waste and any litter that has been cast, blown, thrown, put, placed, or accidentally
dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds,
bushes, or in trees for 4824 hours, is removed.
B. All garbage, when stored outside or when stored in a porch area, is completely
contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in
place. Plastic bags are not considered durable containers. Strong, waterproof plastic
bags may be used to place garbage at the curbside on the evening before scheduled
collections or may be taken to an approved refuse disposal sight site. Garbage
containers, whether they contain garbage or not, shall have a tight-fitting lid in place at
all times. Tight-fitting lids shall be placed back on all garbage containers as soon as
possible after garbage collection and, in any event, on the same day as collection. Any
garbage remaining after scheduled pickup must be removed from curbside as soon as
possible after garbage collection and, in any event, on the same day as collection.
Garbage containers shall not be stored in front yards or any other yards that have
frontage on a public street unless all yards on the property have frontage on public
streets. Prohibited storage areas include the area between the sidewalk and curb.
Composting materials, so long as they are maintained as defined by this section, shall
not be considered garbage. It is presumed that the contents of any garbage bag or
plastic bag or garbage can is garbage. For purposes of this paragraph, “stored”
shall mean located in a general vicinity for at least 24 hours.
C. Solid waste, other than garbage stored in proper containers and in the locations
described above, and other than recyclable materials stored in accordance with § 178-
3K below, is not stored in the public view for a period in excess of 24 hours, except
that construction and demolition debris related to an ongoing construction project with a
valid building permit may be stored in the public view for not more than 30 days.
Reusable household discards may be placed at curbside on special scavenger days
designated by the Department of Public Works, but unclaimed discards must be
removed by the property owner by the deadline set by the Department. Residents may
place reusable materials on the tree lawn for purposes of informal scavenging, not to be
observable for more than two successive days.
D. No more than one unlicensed motor vehicle may be stored in the public view in a side or
a rear yard, and such storage shall be in compliance with § 325-20. If there is no side or
rear yard, one unlicensed motor vehicle may be stored in the front yard in compliance
with § 325-20. However, this section shall not apply to a motor vehicle which constitutes
solid waste as defined in § 178-2 above, nor shall it apply to licensed car dealers in
nonresidential zoning districts. For purposes of this paragraph, “stored” shall mean
located in a general vicinity for at least 24 hours.
E. Grass, weeds or other vegetation on grounds and exterior property are maintained so
that the height of the vegetation is limited to does not exceed ten inches for more than
24 hours, except for trees, bushes and other vegetation planted, maintained or kept for
some ornamental or other useful purpose. Natural woodlands shall be considered an
ornamental or useful purpose. Premises situated at street intersections or on curved
streets shall be kept in such condition as to give a clear and unobstructed view of the
intersection or curve.
F. The area along public rights-of-way adjacent to or on the property, including but not
limited to the area between the front property line or sidewalk and the curb or street
pavement, is does not for at least 24 hours fail to be maintained in a reasonably clean
and sanitary condition free of garbage and/or solid waste, with any grass, weeds and
brush in said area cut or trimmed in compliance with § 178-3E above. The planting of
annuals and perennials in these sidewalk areas shall be allowed, but the planting of
trees or shrubs in these areas shall not be permitted without the approval of the
February 3, 2016
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Superintendent of Public Works. Premises situated at street intersections or on curved
streets shall be kept in such a condition as to give a clear and unobstructed view of the
intersection or curve.
Section 3. Amendments to Section 178-10.
Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows:
A(1). Any property owner and/or agent who violates any provision of this
chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below,
shall be liable for a civil penalty of $25 for the first violation at a property within a six-
month period, $50 for a second violation at the same property within a six-month period,
$200 for a third violation at the same property within a six-month period, and $100$300
for a thirdfourth or subsequent violation at the same property within a six-month period.
For any fine not paid within six months of the date of the offense, there shall be a late
penalty in the amount of 20% of the fine added to the amount due, such late penalty
waivable for good cause shown.
A(2). Any property owner and/or agent who violates any provision of § 178-3 (B)
solely insofar as to fail to have a tight-fitting lid in place on garbage containersE,
G, I or J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings,
or obstruction of views, shall be liable for a civil penalty of $10$40 for the first violation at
a property within a twelve-month period, $60 for a second violation at the same property
within a twelve-month period, and $100 for a third or subsequent for each such violation
at the same property within a twelve-month period. Any property owner and/or agent
who violates 178-3(G), (I) or (J) regarding obstruction and/or safety of walkways
shall be liable for a civil penalty of $40 for the first violation at a property within a
twelve-month period, $60 for a second violation at the same property within a
twelve-month period, and $100 for a third or subsequent violation at the same
property within a twelve-month period.
Section 4. Severability. Severability is intended throughout and within the provisions of this
Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall take effect immediately upon publication as
provided for in the City Charter.
City Attorney Lavine explained the proposed changes to the Ordinance. Alderperson
McGonigal questioned the definition of solid waste and referred to an incident where building
materials being stored for a project were identified as solid waste. City Attorney Lavine
explained that this may have been a case of over-zealous enforcement and that generally gets
worked out in prosecutorial process.
Alderperson Kerslick noted that the goal of the legislation is to try to improve compliance.
Providing photos of trash, the voluntary notification program, and the 24 hour period to
remediate issue before being ticketed are all steps in the right direction. Alderperson
Mohlenhoff noted that this legislation will also result in better prosecutions.
Alderperson McGonigal voiced his support for the reduction of fines; however, he does not
support the fact that the fines for snow removal were not reduced as well. He stated that a 24
hour period to remove snow is not realistic, and reiterated that the fines for snow removal
should be the same as the fines for trash. Alderperson Murtagh explained that the Disability
Advisory Council has requested that the higher snow removal fines remain intact as unremoved
snow impacts accessibility throughout the City.
Amending Resolution:
By Alderperson McGonigal: Seconded by:
RESOLVED, That Section 178-3, subsections (G), (I), (J) be amended to have the same fine
structure as trash ($25, $50, $100).
Motion Failed for Lack of a Second
A vote on the Ordinance resulted as follows:
Ayes (9) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Martell
Nays (1) McGonigal
Carried
February 3, 2016
30
10.3 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled
“Licensing of Businesses and Occupations” Regarding Taxicabs
By Alderperson Murtagh: Seconded by Alderperson Smith
ORDINANCE NO. 2016-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled
“Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are hereby amended to
read as follows:
§232-57. Taxicab Driver's license required; qualifications.
No person shall operate or drive a taxicab without having in force and effect a taxicab driver's
license in accordance with the provisions of this article. No person shall be issued a taxicab
driver's license unless such person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or
body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant
shall produce a physician's medical certificate signed by a licensed physician, physician's
assistant, or nurse practitioner dated not more than 30 days prior to the application certifying
that the applicant is physically qualified to operate a motor vehicle.
D Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of
drugs.
E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she
has previously been convicted of one or more criminal offenses. Shall not have been convicted
of a felony involving violence, dishonesty, deceit or indecency nor any sexual offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to alcohol or
drugs while operating a taxicab.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while ability
impaired or intoxicated due to alcohol or drugs for five years from the date of conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while ability
impaired or intoxicated due to alcohol or drugs.
§232-58. Application for taxicab driver's license; investigation and refusal.
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn application
upon such forms as shall be required by the Chief of Police, showing compliance with the
requirements hereinabove set forth and such other information as shall be deemed necessary
and reasonable by the Chief of Police in the interest of safety, health and welfare. Such
information that is required by the Chief of Police shall include but not be limited to a statement
giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for
what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of
Police.
B. False information; effect and action thereon. Any false statement by the applicant for a
taxicab driver's license shall be cause for refusing the license or revoking the license after it is
issued, and any such false statement shall be promptly reported by the Chief of Police to the
District Attorney.
February 3, 2016
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C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her
application two unmounted, unretouched, good-likeness photographs of the applicant, full face
size, two inches by two inches. The face portion shall not be less than 1 ¾ inches high, with the
balance in normal perspective proportion. The photograph shall be taken within 30 days of the
date of the application by means of a permanent, nonfading process. The applicant shall be
hatless in the photograph. A copy of the photograph shall be filed with the application and
another copy attached to the license to be issued hereunder. If the applicant does not have the
means to produce such photograph, the Ithaca Police Department will make arrangements to
have the photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three years. The
criminal history report that is returned with the fingerprints shall be submitted to the Ithaca
Police Department as part of accompany the application. which shall be kept on file as a
permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall furnish to
the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the
applicant permitting any person to divulge and report to the Chief of Police any matter which
might otherwise be confidential, without limitation except as required by law.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license shall be
issued under the provisions of this article until the Chief of Police has indicated, in writing,
approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the
Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for
hearings.
§232-64. Taxicab licensing procedures.
A. Taxicab license application. Application for taxicab licenses shall be made by the owner of
each business on forms to be furnished by the Chief of Police. The completed application shall
contain:
(1) Owner information: the name, date of birth, address, telephone number and record of all
convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to operate a
taxicab in the City or elsewhere and, if so, the particulars thereto.
(3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the
year, the engine and body serial number, the state registration number, the length of time and
mileage that the vehicle has been driven and the seating capacity according to its trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license
application shall be submitted by the applicant for each vehicle in operation. In addition, the
Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and
exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage
requirements of this article are complied with, and reinspection of said each vehicle may be
made from time to time by the Chief of Police or his/her designee. Each vehicle shall be
submitted to a New York State inspection annually at least once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000 per
person and $50,000 per accident for personal injuries, and $10,000 per accident for property
damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as
specified by the City, which such minimum levels shall be updated from time to time, and shall
be available for review on the City's website and/or in person at the Ithaca Police Department.
B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York
State Department of Motor Vehicles for use as a taxicab.
February 3, 2016
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C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license shall be
issued under the provisions of this article until the Chief of Police has indicated, in writing,
approval thereof after such investigation has been completed.
D. Issuance of license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a
taxicab license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That each and every applicant, as specified in subsection A(1) of this section, meets the
standards embodied in Article 23-A of the New York Correction Law if he or she has previously
been convicted of one or more criminal offenses.
(d) That there are no other grounds for refusal. In this regard, the license may be refused for
any reason which, in the opinion of the Chief of Police, may be detrimental to the best interest of
the general public both in welfare and safety, provided that, in the making of such determination,
the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be
subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless sooner
revoked.
E. Renewal of taxicab license. The same procedures shall be followed as for original
applications. Every person to whom an owner's license is issued shall have the right to renew
said license within 30 days of the expiration date, provided that the other requirements of this
article are complied with.
§ 232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion of the
Chief of Police if the a vehicle is used for criminal business or purposes or if the licensed owner
is convicted of a violation of this article.
B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall be
surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be
surrendered to the Chief of Police and retained by him/her until the suspension period expires.
C. Automatic revocation. In the event that any person to whom a taxicab license is issued has
such license suspended on three occasions, such owner's license shall be revoked. [Deleted
and reserved for future use.]
§232-70. Taxicab rates.
B.A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of
Ithaca," which said map and schedules, appended herewith, are hereby declared to be a
part of this article.[1] Schedule A therein depicts the base zone charges, for one
passenger, for a trip between the designated zones. Schedule B depicts the fuel cost
recovery surcharge which may be added to the applicable base zone charge, as set
forth in Subsection B below.
A. The rate for taxicab fares that originate and terminate within the City of Ithaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for taxicab fares that originate and terminate within the City of Ithaca between
the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may be
charged by the owners or drivers of taxicabs for the transportation of a passenger within
the City shall not exceed the cumulative, applicable amounts. shown on said map and
schedules, or, for additional passengers, as shown on said schedules and as set forth in
Subsection C below. At least once every three years, during the month of April, the
amounts shown on said map and schedules shall be reviewed by Common Council to
determine if the rate schedule in force at the time remains appropriate.
Taxicab rates shall be reviewed by Common Council at the request of an owner of a
licensed taxicab company but not more than once every calendar year.
February 3, 2016
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The following notice shall be conspicuously posted in full view of passengers: "Rate
maps and schedules for fares that originate in the City of Ithaca, together with the full
text of the city's rate law and a copy of the most recent applicable fuel surcharge
confirmation, are available upon request from the driver of this taxicab, according to City
ordinance."
C.B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard
fares that originate within the City but terminate outside of the City shall be as follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $12.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone
charge for a taxicab passenger, subject to the following. This surcharge is based on the
following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed
to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at
each level of current gasoline prices is included in Schedule B of the aforementioned Taxicab
Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be
determined as of October 1, 2006, and shall be determined and adjusted as of January 1, April
1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the surcharge shall
be based upon the average, regular conventional retail gasoline price per gallon in New York
State, as reported by the U.S. Department of Energy, Energy Information Administration (or its
successor agency), for the date which is 10 days before each of the effective dates set forth
immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of
the City of Ithaca, at least five days before each of the effective dates set forth above, which
confirmation shall be made available by that time at City Hall and on the City of Ithaca’s internet
website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in effect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger, prior to
collection of the fare.
D.C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between two
zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by an adult
passenger. No driver shall be required to convey any child under the age of five years
unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of $1.15
in regulated fares.
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Additional passengers. A taxicab driver may charge $01.50 fare for each additional
passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per passenger
for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by two feet
by six inches in size, and one travel bag for each passenger. A charge of $1 for each
oversized or additional piece of luggage under 25 pounds shall be authorized. A charge
of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger
shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A
charge of $0.25 for each additional grocery bag shall be authorized. A $3.00 surcharge
will be charged for oversized luggage and trunks that weigh 50 pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped
with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than
those authorized by this article. However, non-solicited voluntary tipping is permitted.
Out-of-Town flat rates. If the taxicab is engaged for an out-of-town trip originating or
terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to
the commencement of the trip for the rate to be charged, which shall include all tolls
required to be paid.
Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in
advance and may refuse employment unless so prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger first
employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch when
arranging for transportation. If a passenger is not willing to share a ride with others, a
$3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab, there shall be no charge for up to five
minutes during which the taxicab waits for the passenger at the passenger's request.
There shall be a charge of $2.50 for each additional five minutes or any portion thereof.
The taxicab driver shall inform the passenger of the charge for waiting time at the time of
request.
Disputed fares. In the event that there is a dispute between the taxicab driver and a
passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk
officer in charge at police headquarters notify a police dispatcher so that a police officer
can respond to help mediate the dispute. If the passenger then makes payment
according to the amount determined by said police officer, the passenger shall be given
a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police
officer. If the passenger pays under protest, such fact shall be recorded by the desk
police officer, who shall make a memorandum of the dispute and the disposition made.
The disposition of the dispute shall not be binding in a court.
Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the
City Clerk, and shall instruct their drivers to apply the rules fairly and consistently,
advising them that charges must not be exceeded under any circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices
exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be
implemented by Common Council. This surcharge will be added to the base fare.
§232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab
license and may refuse to approve an application or a renewal thereof for any of the following
reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions
of this article.
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(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or
any other person directly or indirectly interested in the application for a taxicab license was the
former holder or was an officer, director, partner or stockholder in a corporation or a partnership
which was the former holder of a taxicab license which had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a
licensee in the best interest of the public welfare and safety.
(4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a
violation of this article, or the licensee is convicted of a criminal offense such that he or she fails
to meet the standards as embodied in Article 23-A of the New York Correction Law.
(5) In the event that any licensee has such license suspended on three occasions, the
license shall be revoked automatically.
B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of
Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by
him/her until the suspension period expires.
C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked
or who has had a renewal refused or any individual to whom an initial license has been refused
shall be granted a hearing before the Community Police Board within 30 days after written
request therefor has been made to the Chief of Police. At the hearing, such person shall have
an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The
Community Police Board is authorized to affirm, reverse or modify in any respect the action of
the Chief of Police.
Section 2. Section 232-69 (A)(1) is hereby amended to read as follows:
§232-69. Operating regulations.
A. Drivers' rules. Every person operating a taxicab for business purposes licensed pursuant to
this article shall:
(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request in the
City unless previously engaged or unable or forbidden by the provisions hereof so to do. of this
ordinance or any other applicable law. Notwithstanding the foregoing, no driver licensed under
this chapter shall discriminate on the basis 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.
Section 3. Severability. Severability is intended throughout and within the provisions of this
local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held
to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not
affect the validity of the remaining portion.
Section 4. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor regarding exclusive rides, accessible taxi services, and the right
of taxi companies to require pre-payment of fares via credit card only. Alderperson Brock shared
a concern regarding discrimination. She stated that residents of West Village reported that one
of the taxicab companies refused to pick people up at that location because one person failed to
pay for their transportation.
Amending Resolution:
By Alderperson Brock: Seconded by: Alderperson Mohlenhoff
RESOLVED, That the category of “location” be added to the discrimination clause in Section 232-
69 (1).
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
February 3, 2016
36
10.4 Endorsement of Initial Revisions to the City of Ithaca Community Investment
Incentive Tax Abatement Program (CIITAP) - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, On July 5, 2000, the Common Council unanimously requested that the Tompkins
County Industrial Development Agency (“IDA”) undertake a program to provide financial
incentives for development of multi-story buildings within a density target area encompassing the
downtown Central Business District, the West State Street corridor, the West End, and Inlet
Island; and
WHEREAS, that program was accepted by the IDA in 2001 and remained in operation for five
years; and
WHEREAS, in 2006, the City endorsed the continuation of an IDA program of local tax
abatements, as a tool for encouraging appropriate real estate and business investment in the
urban core of the city; and it requested the IDA establish the Community Investment Incentive
Program(CIIP) ― through which, projects would be reviewed by the community and evaluated by
Common Council against a long list of potential community benefits, and (if endorsed by Common
Council) proposed for recommendation by the Mayor to the IDA as eligible for tax abatements;
and
WHEREAS, in the six years that the CIIP was in operation, only one developer was able to
successfully obtain a tax abatement; and
WHEREAS, the original intent of the CIIP was to encourage developers to invest in the
community; however, the program, as it was established, was found to act as a disincentive for
developers, because the process was too cumbersome, time consuming, and expensive, so in
2012 a working group was established to review and revise the program; and
WHEREAS, in 2012 the City passed a resolution encouraging the Tompkins County Industrial
Development Agency to continue a density incentive program as a revised and renamed
Community Investment Incentive Tax Abatement Program (CIITAP), which had only three criteria
for City approval: a density requirement, a location requirement, and a minimum size requirement;
and
WHEREAS, in 2014, the Common Council recommended an additional criterion be added that
required an applicant to list all properties that are located within the City that they or any of their
partners are owners or partial owners of, in order to show that no property under their ownership
was delinquent on any fines, taxes, inspections or permits; and
WHEREAS, in 2015 the Mayor formed a working group to recommend reforms to CIITAP that
would:
A. Retain the program as an effective tool to incentivize smart growth and discourage
sprawl and
B. Improve the program’s ability to deliver broad community benefits that may include
An increased use of local labor
An increase in living wage job creation
More environmentally friendly building
Increased economic opportunities for people of all backgrounds, and
WHEREAS, the working group recommended an increased incentive for projects that provide
significant local construction labor participation, but lacked solid data on “local” labor utilization on
downtown projects; and
WHEREAS, a “local” construction worker is recommended to be defined as a worker who resides
in Tompkins County or any of the six adjacent counties; and
WHEREAS, the Common Council for the City of Ithaca seeks to encourage greater utilization of
local labor in CIITAP projects and collection of data to better understand the existing level of
“local” workers utilized downtown construction projects as it contemplates further recommended
revisions to the CIITAP; now, therefore, be it
February 3, 2016
37
RESOLVED, That the City of Ithaca Common Council does hereby amend the City CIITAP policy
to require applicants to satisfy the following local labor requirement: Require developers to commit
to (A) document they will widely solicit construction bids from local subcontractors in all major
trades utilized on the project and (B) submit monthly certified payrolls reporting the County of
residency of all workers on the site during construction; and, be it further
RESOLVED, That the Common Council hereby requests the Tompkins County Industrial
Development Agency require CIITAP applicants to satisfy the City’s local labor requirement as a
condition of approval.
Alderperson McGonigal requested that all of the trades be included in the listing on the application
and add the language: “including but not limited to”. Alderperson Kerslick requested that the term
“all workers” also be included, similar to the first Resolved clause.
Amending Resolution
By Alderperson Brock: Seconded by
RESOLVED, That the 4th and 5th Whereas clauses be amended to read as follows:
“WHEREAS, in the six years that the CIIP was in operation, only one developer was able to
successfully obtained a tax abatement; and
WHEREAS, the original intent of the CIIP was to encourage developers to invest in the
community; however, due to the complexity of the process and the financial downturn there was
minimal development during that time and the program, as it was established, was found to act
as a disincentive for developers, because the process was too cumbersome, time consuming,
and expensive, so in 2012 a working group was established to review and revise the program;
and”
Motion Failed for Lack of a Second
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.5 A Resolution Concurring with the Board of Public Work’s Determination to
Discontinue the Northern Portion of Lake Avenue and Eastern Portion of Adams Street
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, presently before Common Council is the Board of Public Works’ January 11, 2016
resolution to discontinue the northern section of Lake Avenue and eastern section of Adams
Street, which the Board referred to Common Council for direction and review of the
discontinuance; and
WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street,
which collectively are referred to as the “Street Parcels” and are more particularly described as
follows:
That portion of Lake Avenue commencing at the western corner of Lake Avenue and
Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest
to meet the eastern corner of Lake Avenue and Adams Street, then 173 feet to the
southwest to meet the eastern curb face line of Alice Miller Way, then southeast
approximately 73 feet, then northeast approximately 167.5 feet, and then southeast
approximately 327 feet to the beginning, and
WHEREAS, the portions of the above-described streets to be discontinued are depicted on the
survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by Darrin A.
Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference;
and
WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be used
for green space, pedestrian and bicycle space, and a playground, which shall be open and
accessible to the public, in accordance with the approved Site Plan dated August 25, 2015 and
the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City
on September 4, 2015; and
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay
out, establish, construct, maintain, operate, alter and discontinue streets”; and
WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to “lay
out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets,
highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall
February 3, 2016
38
“have control” of the City department pertaining to “Streets and Sidewalks” and its property,
albeit “subject to the limitations herein contained and the direction and review of the Common
Council”; and
WHEREAS, to the extent that the Planning and Development Board of the City is required to
have an opportunity to comment upon the proposed discontinuance of a City street, such
opportunity was provided in this case, and such comments were provided in a memorandum
dated November 30, 2015 supporting the proposed discontinuance; and
WHEREAS, the public hearing required to be conducted before a street is discontinued was
conducted on November 9, 2015, at which hearing no comments were made by members of the
public; and
WHEREAS, environmental review of the proposed discontinuance has been completed by
Board of Public Works acting as lead agency for purposes of specifically assessing the
environmental impact of the discontinuance on the Street Parcels, in which the Board reviewed
the Planning Board’s Full Environmental Assessment Form dated May 4, 2015 and the Planning
Board’s SEQR record, and on November 9, 2015 independently adopted the findings contained
in the May 26, 2015 negative declaration of environmental significance issued by the Planning
Board; and
WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due
consideration of the impacts of discontinuance of the Street Parcels on the immediate
community and the City as a whole and pursuant to the authority vested in it by the Charter of
the City of Ithaca, voted to discontinue the Street Parcels as City streets; now, therefore be it
RESOLVED, That the Common Council hereby concurs with the determinations of the Board of
Public Works in its January 11, 2016 resolution, namely:
1. That discontinuance of the Street Parcels will not negatively impact the immediate
surrounding community or the City.
2. That the Board appropriately found that the Street Parcels were “useless” as City
streets, as that term is defined in State law; and
3. That the proposed discontinuance, and the corresponding agreement executed with
INHS, will result in the beneficial development of a landscaped pedestrian and bike
way along Cascadilla Creek and playground accessible to the public, installed
without cost to taxpayers, and will lessen the workload for the Department of Public
Works as a result of INHS’ commitment to maintain the discontinued Street Parcels
and avoiding the need to reconstruct or repair either portion of the discontinued
Street Parcels; and, be it further
RESOLVED, That upon Common Council’s authority under Charter Section C-61 to direct and
review the Board of Public Work’s discontinuance of any City street, Common Council concurs
in, and does not object to, the Board’s determination to discontinue; and, be it further
RESOLVED, That Common Council opts at this time not to establish an official City map, and
thus waives its jurisdiction to amend the same pursuant to General City Law 29.
Carried Unanimously
MAYOR’S APPOINTMENTS:
14.1 Appointment to Public Art Commission – Resolution
By Alderperson Smith: Seconded by Alderperson Gearhart
RESOLVED, That Todd Ayoung be appointed to the Public Art Commission to fill a vacancy
with a term to expire December 31, 2018, and be it further
14.2 Reappointment to the Rental Housing Advisory Commission – Resolution
RESOLVED, That Larry Beck be reappointed to the Rental Housing Advisory Commission with
a term to expire December 31, 2018.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works:
Alderperson Brock reported on the following from last Board of Public Works meetings:
The speed limit has been reduced on the Bicycle Boulevard to 25mph
The 2016 rates were adopted for Newman Golf Course
Cascadilla Creekway project – request for feedback has been distributed along with the
project revisions as required by the NYS DoT regarding handrails and safety rails
February 3, 2016
39
There was a presentation by Belle Sherman Elementary School regarding a nature trail
and outdoor classroom in Strawberry Fields. They are requesting that the City provide
wood chips and ICSD would maintain the area. This space would be open to the public
The new Manager of Fiscal Operations has been hired
There will be a public information meeting on the Brindley Street Project on February 10,
2016 at 2:00 pm in City Hall
The Stewart Avenue Bridge will be painted in the spring/summer of 2017 and will likely
result in the bridge being closed for the duration of the project
Disability Advisory Council:
Members of the Disability Advisory Committee are working with the Parking Pay Station
Working Group is identifying locations for the 22 new pay stations that have just been ordered,
and the possible relocation of existing stations. There is another group working on marketing
and education on how to use the pay stations and the Park Mobile app.
Workforce Diversity Advisory Committee:
The Workforce Diversity Advisory Committee will be submitting a letter to the Planning &
Economic Development Committee in relation to recommended language for the CIITP
regarding diversity and inclusion.
Cayuga Lake Watershed Intermunicipal Committee:
The Committee is putting together a Watershed Restoration and Protection Plan and is asking
each municipality to submit a list of priorities and potential projects that impact the watershed.
Alderperson Brock will distribute the information to Common Council, the Planning & Economic
Development Committee, the Board of Public Works, Natural Areas Commission, and the Parks
Commission. She requested that feedback be submitted to her by March 15, 2016, and she will
arrange a meeting with Department of Public Works staff so that all of the information can be
incorporated into the Plan.
Tompkins County Council of Governments:
Alderperson Fleming reported on the following:
Presentation of a study on the culverts in Fall Creek that affect the watershed. They are
running under capacity which affects stormwater drainage and collection.
TCCOG approved their 2016 work plan
Ithaca Landmarks Preservation Commission:
Alderperson Murtagh reported that the Chapter House project is moving along.
Conservation Advisory Council:
The CAC would like to make its annual report to Common Council at the March meeting.
Recreation Partnership:
Alderperson Kerslick noted that the City has 2 seats on partnership and one of them is vacant.
This is a position that is appointed by the Mayor and the candidate must be a resident of the
City. It is important to fill the position soon as the Recreation Partnership Agreement is coming
up for renewal.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reminded Common Council members of a training session on the
Notify Me notification tool on February 24, 2016 at 5:30 pm in Common Council Chambers.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the December 2, 2015 Common Council Meeting Minutes - Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the December 2, 2015 Common Council meeting be approved
as published, and, be it further
RESOLVED, That the minutes of the January 6, 2016 Common Council meeting be approved
as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor