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Home My WebLink AboutTB Minutes 2008-12-31 Year- End Meeting of the Ithaca Town Board Wednesday, December 31 , 2008 at 11 : 00 a . m . 215 North Tioga Street, Ithaca, NY 14850 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 , Board Comments 4 . Consider setting a Public Hearing to hear public comment regarding Extension of the Fire Protection and Emergency Medical Services in the Town of Ithaca Fire Protection District Memorandum of Understanding with the City of Ithaca and -the Board of Fire Commissioners until December 31 , 2009 or unless the parties mutually agree to different terms prior to such date 5 . Consider and Approve recognition of Henry Eighmey as retiring Public Works employee for the Town of Ithaca 61 Consider changes to the Town of Ithaca Room Use Policy 7 . Consider creation of Engineering Technician I position 8 . Consider setting a Public Hearing for Monday , February 9 , 2009 at p . m . to hear public comment regarding a Local Law amending Chapter 153 of the Town of Ithaca Code , titled " Noise Permits" to revise Noise Permit Application Procedures 91 Consider setting a Public Hearing for Monday , February 9 , 2009 at p . m . to hear public comment regarding a Local Law amending Chapter 184 of the Town of Ithaca Code , titled " Noise , " to revise the Noise Permit application procedures 10 . Consider approval of end of year vouchers 11 . Consider Adjournment Final - 12/23/2008 of rr Year End Meeting of the Ithaca Town Board Wednesday, December 31 , 2008 at 10 : 00 a . m . 215 North Tioga Street, Ithaca, NY 14850 Present Herb Engman , Supervisor; Pat Leary , Councilwoman ; Peter Stein , Councilman ; Eric Levine , Councilman ; Bill Goodman , Councilman ; Tee -Ann Hunter, Councilwoman ; Rich DePaolo , Councilman . Staff Fred Noteboom , Highway Superintendent ; Dan Walker, Town Engineer; Jonathan Kanter, Director of Planning ; Bruce Bates , Director of Code Enforcement ; Judy Drake , Human Resources Specialist ; Carrie Coates Whitmore , First Deputy Town Clerk . Excused Karen Billings , Town Clerk , Others Member of the Press . Call to Order Supervisor Engman called the meeting to order at 11 : 05 a . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Board Member Comments None . Agenda Item No . 4 - Consider setting a Public Hearing to hear public comment regarding Extension of the Fire Protection and Emergency Medical Services in the Town of Ithaca Fire Protection District Memorandum of Understanding with the City of Ithaca and the Board of Fire Commissioners until December 31 , 2009 or unless the Parties mutually agree to different terms prior to such date Supervisor Engman explained that the board is not authorized by Town Law to sign contracts for more than 5 years . The Town extended the fire contract for an additional year in 2008 in error. In order to extend the fire contract for an additional year, the Town needs to hold a public hearing . He suggested the public hearing be set for January 12 , 2009 at 5 :40 p . m . Councilman Stein moved and Councilman Levine seconded . With no discussion Supervisor Engman called for a vote—carried unanimously. Town Board Minutes December 31, 2008 Final TB RESOLUTION NO. 2008-261 : CONSIDER SETTING A PUBLIC HEARING TO EXTEND THE FIRE CONTRACT WITH THE CITY OF ITHACA AND THE BOARD OF FIRE COMMISSIONERS RESOLVED, the governing body of the Town of Ithaca is setting a Public Hearing for Monday, January 12, 2009 at 5:40 p. m. , in order to hear public comment regarding Extension of the Fire Protection and Emergency Medical Services in the Town of Ithaca Fire Protection District Memorandum of Understanding with the City of Ithaca and the Board of Fire Commissioners; and FURTHER RESOLVED, said contract will extend through December 31 , 2009 or unless the parties mutually agree to different terms prior to such date. MOVED: Councilman Stein SECONDED: Councilman Levine VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Agenda Item No. 5 - Consider and Approve recognition of Henry Eighmey as retiring Public Works employee for the Town of Ithaca Supervisor Engman introduced the item and asked if someone wished to move the resolution . Councilman Stein moved and Councilwoman Hunter seconded . Supervisor Engman then asked Mr. Noteboom if he would like to say anything about Mr. Eighmey . Mr. Noteboom commented that Mr. Eighmey was an excellent employee and was the type of employee that did not require a lot of direction to carry-through tasks . Mr. Eighmey will be sorely missed because he was reliable and able to handle any task given to him . With no further discussion , Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008-262: RESOLUTION OF APPRECIATION AND RECOGNITION OF SERVICE FOR HENRY EIGHMEY WHEREAS, Henry Eighmey worked for the Town of Ithaca as a Seasonal Laborer from June 1 , 1999 through September 30, 1999; and WHEREAS, Mr. Eighmey has worked for the Town of Ithaca as a Laborer, since May 1 , 2000, and has provided his expertise and talents to the Town continuously since that date; and Town Board Minutes December 31, 2008 Final WHEREAS, Mr. Eighmey has chosen to retire from his employment with the Town, effective January 3, 2009; and WHEREAS, Mr. Eighmey's ability to be professional, courteous and helpful to the Town residents and staff has been greatly appreciated; and WHEREAS, Mr. Eighmey's years of devotion and dedication to the Town 's road sign program and roadside and utility right-of-way mowing, will be remembered for years by the Town and staff; and WHEREAS, the Town of Ithaca has greatly benefited from Mr. Eighmey's contributions and his desire to serve our community for the benefit of the Town and its citizens; and WHEREAS, the governing Town Board wishes to express its appreciation to Mr. Eighmey; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca, on behalf of the Town, its citizens and employees, acknowledges the retirement of Henry Eighmey as a Laborer, and expresses its sincere gratitude to Mr. Eighmey for his dedicated service to the Town and our community. MOVED: Councilman Stein SECONDED: Councilwoman Hunter VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Agenda Item No. 6 = Consider changes to the Town of Ithaca Room Use Policy Supervisor Engman directed the board ' s attention to the proposed room use policy provided to them in their packets . (Attachment # 1 ) He explained that the board waived the fees for using the room through December 31 , 2008 and the proposed policy would continue to waive the fees . Councilman DePaolo moved and Councilwoman Leary seconded the proposed resolution . Supervisor Engman called for discussion . Councilman Stein stated that he read the policy and there were parts of it that made him uncomfortable . He discussed his issues with Councilwoman Hunter and has made an amendment to the policy (See attachment #2 ) . He then introduced and explained his Town Board Minutes December 31, 2008 Final amendment to the board . Councilwoman Hunter seconded Councilman Stein 's amendment for purposes of discussion . Councilwoman Leary agreed with most of the changes but was uncomfortable to 2 (g) because she felt the Town was dictating the organization 's rules of membership generally . She gave the example of a social singles club , which was excluding membership on the basis of marital status . Councilwoman Leary did not think the Town should be that intrusive , but did think the Town should set rules regarding the events themselves . Councilman DePaolo added that he was unclear where political caucuses reside in the proposed amendment and asked Councilman Stein to explain how it would work . Councilman Stein explained that political caucuses are one of the groups listed . Councilman DePaolo thought 2 (g ) said if you are political party and you don 't admit a member of another political party then they would not be allowed to have a meeting at Town Hall . Councilman Stein stated that he thought about it and it is not one of the listed things . Councilman Levine clarified that it is not a protected class and Councilman Stein added that his amendment lists the protected classes . Councilman DePaolo also asked for clarification on the term " reasonable groups" and wondered who makes the determination of what a reasonable group is . Councilman Stein thought that may have been a slip of the tongue because he did not mean to say that . Supervisor Engman added that he spoke with Susan Brock regarding the policy and Ms . Brock felt that unless the Town very carefully delineates the groups that can meet then the Town has to allow use of the facilities for everyone . Councilman Stein ' s amendment opens the facility up for everyone . Supervisor Engman explained that he rewrote the policy to make a connection between anyone using Town Hall and the Town of Ithaca—a benefit that might accrue in some way to the Town . He thought that the board needed to make the fundamental decision of limiting the use of the building or opening it up for use by anyone for any type of activity . Supervisor Engman also asked Ms . Brock if the Town could require all events except for political caucuses to be open and she did not that would be illegal . The only danger being it could be grounds for a lawsuit since one group is permitted to hold close meetings . He noted the board needed to decide whether or not it wanted to permit anyone to hold closed meetings . Supervisor Engman argued that a political caucus is different because political parties are in effect the personnel system of elected government—it is how candidates are found . He also pointed out that other public buildings in the County are used for political caucuses and urged the board to reject the proposed amendment . Councilman Goodman assumed the list came about as a result of the board ' s previous concerns regarding religious organizations and how they could say something like a religious organization was excluded so a list of included organizations was created . He asked if there are organizations that have used the Town facilities in the past that would not be able to use them because of the list . Supervisor Engman replied that Ms . Billings Town Board Minutes December 31, 2008 Final had provided the board with a list of organizations that had used the facility and he did not recall any group that would be excluded . Councilwoman Hunter noted that a theater group paid to use Town facilities in the past for rehearsals . Councilman DePaolo asked if the language connecting the use of the facility to the alleged benefit to the Town included in the policy . Supervisor Engman explained that he kept that in mind when writing the availability groups , but there was not specific statement in the policy. Councilwoman Hunter stated that she was uncomfortable with allowing political caucuses to use Town facilities , but was supportive of allowing use by community groups . Councilwoman Leary was supportive of allowing broader use of Town facilities but was unsure if Supervisor Engman was saying there was a legal problem with it . Supervisor Engman clarified that the decision was whether or not to restrict use and in which case there needs to a reasonable restriction criteria or to leave it open to everyone . Councilman Stein ' s amendment would leave it open to everyone and Supervisor Engman 's proposed policy would restrict use . Councilwoman Leary commented that Councilman Stein 's amendment restricts use by requiring some members of an organization to be Town residents . Councilman Stein suggested that the room use policy be adopted and revisited at the 2009 Year End meeting . This would provide the board with an opportunity to review the organizations using the facility. He changed his amendment by eliminating proposed 2 (g) language from his proposed amendment and adding to the end of the Section 6 paragraph , "This policy shall be reconsidered at the end of 2009" . Councilman Levine was supportive of allowing community organizations to use Town facilities on an experimental basis . He suggested that Councilman Stein ' s proposed language change for 1 (f) read , " . . . some of whose members in attendance . . . " . He explained that organizations could appoint a member who doesn 't come to meetings just to use Town Hall . Councilman Stein and Councilwoman Hunter accepted the amendment . Councilman DePaolo asked if the Town was looking at an administrative nightmare if Town Hall suddenly becomes a popular location to hold meetings . He asked if the Town bares the burden for cleanup or anything unforeseen . Ms . Whitmore responded that the Clerk's Office is responsible for cleaning up the room before the next meeting . She explained that if the Clerk's Office felt that there were a lot of applications coming in they would bring it to Supervisor Engman 's attention and asked that it be brought before the Board or a Board Committee . Councilman DePaolo then asked if the person accepting applications determines what part of Town Hall would be open . Ms . Whitmore explained that the Clerk' s Office always looks at what rooms are available for the requested date ; room availability and Town Board Minutes December 31, 2008 Final the type activity determines what room is available for use . If an organization wanted to have a cocktail party with non -alcoholic beverages , the Clerk's Office is only going to allow the lobby to be used . An organization would be allowed to use the board room if it was available . She added that the board should keep in mind that organizations can be bumped if the facility is needed for a Town function . Councilwoman Hunter thought the board may want to consider a fee or deposit for use by non -governmental agencies . Supervisor Engman responded that if the Town charges one then they have to charge all users . The board needed to decide if they wanted to charge everyone or no one . Councilman Goodman noted that renumbering is needed in Sections 1 and 2 of the policy. Councilwoman Hunter added that 2 (j ) of Councilman Stein 's amendment should read , " . . . more than once per month " and not "one per month " . With no further discussion , Supervisor Engman called for a vote on the amendment— carried (Supervisor Engman voting nay) . TB RESOLUTION NO. 2008-263: Amendments to ' Proposed Changes to the Town of Ithaca Room Use Policy RESOLVED, that the following amendment be made to the Town of Ithaca Room Use Policy: Delete 1 (d) 2(c) Add 1 (e) Other not-for-profit clubs or organizations some of whose members in attendance reside in the Town of Ithaca such as, but not limited to, political organizations, recreational, social, interest, study or social action groups 2(i) Organizations described in 1 (e) shall not use Town facilities more than once per month Section 6 (end of paragraph) This policy shall be reconsidered at the end of 2009. MOVED: Councilman Stein SECONDED: Councilwoman Hunter Town Board Minutes December 31, 2008 Final VOTE: Supervisor Engman, nay; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried. Councilman Goodman pointed out that the amendment -the board just voted on allows all meetings not to be open to the general public . The board concurred . With no further discussion , Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008=264: CONSIDER CHANGES TO THE TOWN OF ITHACA ROOM USE POLICY WHEREAS, the Town Board of the Town of Ithaca on November 9, 2000 adopted policies relating to the use of the Town Hall facilities by persons or organizations not affiliated with the Town; and WHEREAS, the Town Board temporarily revised its room use policies at its April 7, 2008 Town Board Meeting, with an expiration date of December 31 , 2008; and WHEREAS, the Town of Ithaca Operations Committee has reviewed the recommended changes to the current policy and recommends the attached revised policy as a permanent Town of Ithaca Conference Room Use Policy; NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Ithaca approves the Town of Ithaca Conference Room Use Policy as presented. MOVED: Councilman DePaolo SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Agenda Item No . 7 - Consider creation of Engineering Technician I position Mr. Noteboom stated that the Town currently has a Senior Engineering Technician and Engineering Technician I position . The Senior Engineering Technician has left the Town and under normal circumstances the Engineering Technician I would have been promoted to the senior position . With Mr. Noteboom preparing to retire , there are a lot of discussions of how engineering should work in relation to Public Works . Staff thought it would be appropriate to create another Engineering Technician position and hire Town Board Minutes December 31 , 2008 Final someone into that position . It would leave the option open to fill the senior position or not . Councilwoman Hunter wanted to make sure if the position was filled at the reduced level that department needs would be met . She noted that there is not a lot of upward mobility in - house and wondered if this would be denying anyone an opportunity to advance themselves . Mr. Noteboom responded yes , the Town has an excellent employee in the Engineering Technician I position and under normal circumstances he would recommend him for the Senior Engineering Technician position . However, it is unsure where the Town is going and what changes may need to be made . He stated that the board could decide to promote the individual to the senior position and then fill the open Engineering Technician position . He reiterated that there is a need for another person to be hired and a growing need for a third technician . Mr. Walker agreed and explained that the position is not being eliminated . They are looking at the Public Works and Engineering structure and the organizational structure may change . Councilwoman Hunter asked if the individual has been apprised of the fact that in the future he may be considered for the position . She noted that the Town is going through a S .W . O . T . and asked when that was starting . Ms . Drake stated that the process was beginning January 8 th Councilman DePaolo asked if the minimum qualifications for the position were sufficient for the list of responsibilities . Mr. Noteboom responded yes ; there may be a learning curve on certain portions of the positions . Supervisor Engman understood that there were two New York State colleges that offer a two-year degree for engineering technicians . Councilman Stein stated that he has spent his entire life in university education and has come to the conclusion that a degree is not always worth what you think it is worth . In general it is a measurement , but it is not a rigid criterion for hiring . Councilwoman Hunter wanted to make sure that this was explained to eligible candidates at the Public Works Department . Mr. Noteboom responded that he spoke with the individual who would be moving into the senior position under normal circumstances . The individual has also talked with Supervisor Engman , but Mr. Noteboom planned on speaking with him again . Councilwoman Hunter asked who would be involved with S . W . O . T . She thought it would be nice to know what was going on before it comes before the Personnel Committee . Ms . Drake explained that a S . W . O . T analysis is Strengths , Weaknesses , Opportunities , and Threats . They would be looking at the strengths and weaknesses of the 2 scenarios—Public Works and Engineering as they stand and Engineering folded into Public Works . Employees will be asked to indentify strengths and weaknesses of both options . Ms . Drake will be conducting the meetings and Supervisor Engman will be attending . Councilwoman Hunter asked at what point the Personnel Committee would be getting involved with the process . Ms . Drake explained that the committee will Town Board Minutes December 31, 2008 Final be getting the final report of what comes out of the meetings with employees . Councilwoman Hunter wanted more than a summary because they give way to editorial licensing . Ms . Drake explained that she would be doing white sheets and would take the white sheets from all meetings and consolidate them into one list . Councilwoman Hunter stated that it is a complicated issue and she wants to be sure that she is fully apprised of everything before she makes a decision on it . She asked that :great efforts are taken to relay complete information to the board . Supervisor Engman added that the committees will be getting the results of the S . W . O .T . analysis and he hoped that the Public Works and Personnel Committees look at it during their first meetings of the year. He emphasized that if someone is going to be on - board by the end of June , the process needs to move fast . Ms . Drake asked Councilwoman Hunter how she would like to move forward . She invited board members to attend the meetings but was not sure that they would get responses from staff with board members present . Councilwoman Hunter did not want to make that presumption ; she thought staff might actually speak to board members . She suggested that there be an opportunity for staff to speak to the committees . With no further .discussion , Councilman Stein moved and Councilman Levine seconded the proposed resolution . Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008 265: Creation of Civil Service Classification: Engineering Technician I WHEREAS, the Town of Ithaca established compliance under the New York State Civil Service Agency to qualify employment positions in the Town of Ithaca in accordance with Section 22 of Civil Service Laws, Rules and Regulations; and WHEREAS, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; and WHEREAS, the Town has one Engineering Technician I position and has determined the need for a second position in the same title and classification; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby establish the following position in accordance with the applicable New York State and Tompkins County Civil Service rules: 1 . The following position is established and is a position in the competitive class pursuant to Section 44 of the Civil Service Law: (a) One Engineering Technician I Town Board Minutes December 31, 2008 Final And be it further RESOLVED, the Town Board does hereby approve the attached job description for the said position, with the said position being in the Job Classification "L ', and be it further RESOLVED, the Human Resources Manager is requested and directed to coordinate any necessary filing with Tompkins County Personnel Department to obtain certification of the position. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Agenda Item No . 8 = Consider setting a Public Hearing for Monday, February 9 , 2009 at _ p . m . to hear public comment regarding a Local Law amending Chapter 153 of the Town of Ithaca Code, titled " Noise Permits " to revise Noise Permit Application Procedures Councilman Goodman moved setting the public hearing for February 9 , 2009 at 6 : 00 p . m . Councilman Stein seconded . With no discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008-266: CONSIDER SETTING A PUBLIC HEARING TO HEAR PUBLIC COMMENT REGARDING UPDATES TO THE NOISE PERMIT APPLICATION PROCEDURES BE IT RESOLVED, the Town Board of the Town of Ithaca will set a public hearing for Monday, February 9, 2009 at 6:00 p. m. in order to hear public input regarding a local law amending Chapter 153 of the Town of Ithaca Code, titled "Noise Permits " to revise Noise Permit Application procedures in the Town of Ithaca. MOVED: Councilman Goodman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Town Board Minutes December 31, 2008 Final VOUCHER NOS. 6221 -6328 General Fund Town wide $ 52, 958. 01 General Fund Part Town $ 21815. 10 High wa Fund Part Town $ 37, 196. 08 Water Fund $ 325, 164. 91 Sewer Fund $ 6, 133. 56 Risk Retention Fund $ 11975. 50 Fire Protection Fund $ 174Y086. 64 Forest Home Lighting District $ 168. 04 Glenside Lighting District $ 65. 53 Renwick Heights Lighting District $ 91 . 25 Eastwood Commons Lighting District $ 185. 09 Clover Lane Lighting District $ 22.29 Winner's Circle Lighting District $ 63. 90 Burlei h Drive Lighting District $ 75. 94 Westhaven Road Lighting District $ 247. 67 Coddington Road Lighting District $ 146. 62 Trust & Agency $ 11050. 00 TOTAL $ 602, 446. 13 MOVED: Councilman Stein SECONDED: Supervisor Engman VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Adjournment Upon motion by Councilman Stein and Councilman Goodman , Supervisor Engman adjourned the December 31 , 2008 Town Board meeting at 11 : 58 a . m . Respectfully Submitted , Karen M . Billings , Town Clerk Town Board Minutes December 31, 2008 Final Agenda Item No . 9 - Consider setting a Public Hearing for Monday, February 9 , 2009 at p . m . to hear public comment regarding a Local Law amending Chapter 184 of the Town of Ithaca Code, titled " Noise, " to revise the Noise Permit application procedures Councilman Goodman moved that the public hearing be set for February 9 , 2009 at 6 : 05 p . m . Councilman Stein seconded . With no discussion , Supervisor Engman called for a vote—carried unanimously. TB RESOLUTION NO. 2008-267: CONSIDER SETTING A PUBLIC HEARING TO HEAR PUBLIC COMMENT REGARDING AMENDMENTS TO CHAPTER 184 OF THE TOWN OF ITHACA CODE RELATED TO "NOISE" BE IT RESOLVED, the Town Board of the Town of Ithaca will set a public hearing for Monday, February 9, 2009 at 6:05 p. m. in order to hear public input regarding a local law amending Chapter 184 of the Town of Ithaca Code, titled "Noise " to revise Noise Permit Application procedures in the Town of Ithaca. MOVED: Councilman Goodman SECONDED: Councilman Stein VOTE: Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye; Councilman Goodman, aye; Councilman Levine, aye; Councilman DePaolo, aye; Councilwoman Hunter, aye. Carried unanimously. Agenda Item No . 10 - Consider approval of end of year vouchers Councilman Stein moved and Supervisor Engman seconded approval of the vouchers . With no further discussion , Supervisor Engman called for a vote—carried unanimously . TB RESOLUTION NO. 2008"268m Town of Ithaca Year End Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and WHEREAS, the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED, that the governing Town Board hereby authorizes the payment of the said vouchers in the total for the amounts indicated. TB 12 / 31 / 2008 Attachment # 11 f Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting . A •GE N D # TOWN OF ITHACA CONFERENCE ROOM USE POLICY The following policies relate to the use of the conference room and lobby facilities at Town Hall and the conference room at the Public Works Facility. Section 1 — Availability The Town Hall facilities , being principally the Shirley A . Raffensperger Meeting Room , the Marble Lobby , the Aurora Conference Room , and the Public Works N Facility Conference Room may be used on an occasionalbasis by the following groups or organizations :, ( a ) Governmental body such as county, tvn , cityvillage government in Tompkins County including committees of Common Council of the City of Ithaca , committees of\theme Tompkins D ty Board of Representatives , intermunici allpmeetin s of overimental officials or p � g g IN\% governmental bodies , and similar groups ; ( b ) State governmental agency or offiberdsuch as Workers Compensation Board hearing examiners , Department of Motor Vehicle hearing officers , and similar entitiet�or individuals ROR NK VIN � \ ( c) Neighborhood organizations organized at least in part to advise the Town of Ithac a 0 FEN MEMO, RUN ,saNn'n > r -Q :\ �V &g \ IINNN IN rganizato\n� to which anemployee or officer of the Town belongs , if `�� they \\ T-own employee or officer has been appointed to represent the �� Tow an official capacity , or if the membership dues ( or other membership fees) have been paid by the Town as part of the employment or professional responsibilities or education of the employee or officer. Examples of such organizations include Tompkinsounty Area Development , Tompkins County Council of G'overnmenfs , Association of Town Clerks , Municipal Planners , Engiey�s; Code Enforcement Officers or other governmental or professional groups . Section 2 - Rules Regarding Use The use of the Town facilities by outside organizations shall be subject to the following rules : ( a ) No use shall be permitted if the use conflicts with any use , program , or meeting of any governing body or agency of the Town of Ithaca . For example , meetings shall not be scheduled to conflict with Town Board , Page 1 of 6 Draft — 12/18/2008 Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting ., Planning Board , Board of Zoning Appeals , Conservation Board , Town Justices , or other Town Board , Committee , or official conducting the business of the Town of Ithaca ; ( b ) The use shall be limited to meetings ( including lectures ) and not for social events , dances , performances or other activities involving significant physical movement ; �+l be- pe er-al--pantie;-except- fo-r—political� _ caucuses;-C a\%% Reasonable efforts will be made by the TNo schedule use of the Town facilities by outside organizations . 10 ver, in the event of an emergency or other immediate need fothe �eTown to use the facilities , the Town reserves the right to preempt the planH se by any outside organization if the facility is neededff0r the Town i the performance of a Town municipal function ; j No food or beverages shall be served or consumed ate Town Hall \� ��\\\U except in the Marble Lobby and th, eln ly with the express permission of the Town Clerk , ender no circumstances shall alcoholic beverages be served or allowedIonthe Town premises ; o \\ � e No admission fees ors similc ha shall be made by the organizations using the facility ; NO ' entity usin the facility shall exclude an No ��ganization o\r� y � \�g y y person see' il"nIg to atten ,the even�by reason of such persons age , race , \� \\t .m \\ creed , color, na�tional�ongin, gender, disability, marital status , or sexual orientation° .a� Y, � ON Any orgenizatien �r person using the premises shall be responsible for NINNY assuring Mthat nog damage is incurred to the premises during the period of use by such organization , entity or individual , shall be responsible �K for cleaningup the used premises immediately following their use and IN yprior, to the occupancy by any other entity or body , including any entity orbody associated with the Town of Ithaca ; ME kt) The organization or person using the premises will be responsible for moving present tables and chairs around to the desired configuration and shall be responsible for restoring the room to the condition and configuration in existence prior to its use by such organization or person . In the Raffensperger Room , the amplification system and the entire town board table , including the end tables , shall not be moved . Projectors , amplification system and other such equipment are not available for use . �( d 2 0 Page 2 of 6 Draft — 12/18/2008 j Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting . Section 3 - Application Procedure Any organization seeking to use the premises , except those organizations described in Section 1 ( e) above , shall apply for same on a form to be provided by the Town Clerk for Town Hall use and the Public Works' Administrative Assistant for use of the Public Works Conference Room . Among other items , the form shall require the following information : ( a ) Name and address of applicant; ( b ) Facility and room requested ( e .g . , Shirle)� ffensperger Meeting Room , Aurora Conference Room or Public Works' Conference Room ) ; ( c) Date and times of requested use ; ( d ) Person from the requesting organization no willbe responsible for the conduct of the persons attending th event and for cleaning up after the event ; ( e ) Proposed use ; (f) Estimated number of person xpected to attend event. Section 4 - Indemnity An group or individual us in the" ursuant to these policies shall Y 9 p p purl, p agree , as part of the application process , to indemnify and hold the Town harmless for any and all losses damages , claims, and sex°penses ( including reasonable attorneys' fees incurred b the Town b' reason of an activities which occur on or Y ) ,\ Y � Yom.. Y about the premisesas a result of the use .of the premises by such organization or individual , \. 0 \ All LN , Section 5 , Appeal to n auperviso,r \ . MINN R Any person aggnev �by the decision of the Town staff to deny or grant the useyofl�any of the above- mentioned Town facilities , or by any other decision of the Townstaff related thereto , ay/appeal such decision to the Town Supervisor, �� iReffA provided �t je, appeal is made within 15 days of the decision of the Town staff from M\ which an appeal is beingi taken . Any decision of the Town Supervisor may be reviewed pursuant to Article 78 of the Civil Practice Laws and Rules , provided an action seeking suchlrewiew is instituted within 30 days of the date the Supervisor rendered his or her tl vision . Section 6 - Right to Revise The foregoing states the policies of the Town as of the date of adoption of these policies . The Town reserves the right at any time to modify the policies relative to the use of Town facilities including abrogating entirely the right to use same by outside entities , groups or individuals not employed by or associated with the Town ' s owns municipal functions . I , I Page 3 of 6 Draft — 12/18/2008 Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting . ,M ,01� � ,. REN Page 4 of 6 Draft — 12/18/2008 r Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting . Town of Ithaca APPLICATION FOR USE OF COMMUNITY FACILITIES Today's Date: Date(s) Requested : Times Requested : Facility and/or Room(s) Requested : INFORMATION ABOUT YOUR GROUP Name of Organization (user): �\� aThe person responsible: 101m : Mailing Address: , �\ ` �� Telephone: (Day) (Night) N E-mail : \ � INFORMATION ABOUT YOUR INTENDED USE OF MUNICIPAL FACILITIES AMENEEN UP Purpose of Use: \ \ w � Total Participants Expected: Adults: b, Children: g `\ � �, :. Any organization or individual aggrieved by the decision of�tlie\\Town Clerk irreither denying or granting of use may VE � , O\oo appeal to the Town Supervisor within 15 days of the decision\Any decision made by the Town Supervisor may be reviewed pursuant to Article 78 o\t e Civil Pract►cae Lawsganu le° Ovid°ed an action seeking such review is MWWNI . instituted within 30 days of the datearielSupervisor rend'ered.h►s/her opinion: IP \. WWW The Town of Ithaca Conference Room Polic % IN tates the polio es of the Town . The Town reserves the right, at any time, to modify the policies relative to the use of Town facilities, including abrogating entirely the right to use same by outside entities, groups or individuals not employed:b von associated withahe Town's own municipal functions. °s \ \N AGREED ENT �t� � . The undersigned ►s over \2 years of age and has read this form and attached regulations and agrees to comply with them . �� mwi V%*m . moo « He/she agrees to be responsible to the�munici alit for the use and care of the facilities. The user' does hereby s `o \� p Y covenantand agree to defend in'demnify and hold harmless the Town of Ithaca and all their agents, officers, employees, IiR and elected officials from and against any and all liability, loss, damages, claims, or actions (including costs and N \ IMN attorneys fees) for bodily injury, sickness, disease or death and/or property damage, to the extent permissible by law, arising out of o%n connection witlon he actual or proposed use of the Town of Ithaca's property, facilities and/or services by . �O\�\ Address: Signature of Organization''s Representative Telephone Number: READ ATTACHED REQUIREMENTS AND RETURN APPLICATION TO: Town of Ithaca Town Clerk 215 North Tioga Street Ithaca, NY 14850 Town Use Only Date received : Date approved : Page 5 of 6 Draft — 12/18/2008 Revised 4/1 /08 and 12/18/08 at Operations Committee Meeting . Use of Town of Ithaca Town Hall Facilities RULES REGARDING USE The use of Town facilities by outside organizations shall be subject to the following rules : a . No use shall be permitted if the use conflicts with any use , program or meeting of any governing body or agency of the Town of Ithaca . For example , meetings shall not be scheduled to conflict with the Town Board , Planning Board , Board of Zoning Appeals , Conservation Board , Town Justices or other Town Board , Committee or official meeting where business ON of the Town of Ithaca is being conducted ; b . The use shall be limited to meetings ( including .lecfures) and not for social events , dances , performances or other activities nuolving significant physical movement ; ASS c . All meetings shall be open to the general public , except1for�political caucuses . No organization or entity using the facil y\shall exclude anykTerson seeking to attend the event by reason of such persons age , race , creed; color, national origin , sex, disability , marital statusor�s\�exual orientation ; ��o � IBM d . Reasonable efforts will be made by th�eown�toschedule use of the Town oI facilities by outside organizations . Howeverlthe event of an emergency or s AW the Town reserves the other immediate need for theaTown to use th Kfacilities , ��o\o right to preempt the planned\§ by any outside organization if the facility is �� o�� o�� needed for the Town in the pe�ormae of a Town-municipal function ; e . No admission fees or similar charges shallAbe mademby the organization using the facility ; N ° \ , p � . a x� o o , f. No food or bev6rages shall be served or consumed on the Towns premises , 1, except in the Marble Lobby, and then only with the express permission of the Town Clerk Under no crcumstances��re alcoholic beverages to be served or allowed on theT,kown ;premises , , g . Any rgan zatioa or person usi,n the premises shall be responsible for assuring%tha�t�o da \ge is incurred to the premises during the period of use N p0Y such organz\ation e �t�ity or individual , shall be responsible for cleaning up the used premises imr ediately following their use and pror to the occupancy byy any other entity body including any entity or body associated with the 11 vdW� Town of Ithaca , and shall be responsible for restoring the room to the �m �� VRr condition and configuration in existence prior to its use by such organization or per on s Page 6 of 6 Draft — 12/18/2008 TB 12 / glWO$ Attachment # 2 u , C Add n ' ! (f) Other not-for-profit clubs or organizations some of whose members reside in the Town of Ithaca such as, but not limited to, political organizations, recreational, social, interest, study or social action groups Delete 1 (d) 2 (c) 'Amend 2(g) replace "seeking to attend " with "from membership in the organization or from attending" Add G 2(j) Organizations described in 1 (f) shall not use Town facilities more than one per month. SCI juiod Ino auj