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HomeMy WebLinkAboutMN-CC-1982-07-07t W Q COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 8:15 P.M. July 7, 3.982 PRESENT: Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdswortb , Holman, Killeen, Myers, Schlather, Schuler OTHERS PRESENT: City Controller - Spano Dep. City Controller - Cafferillo City Attorney - Tavelli Fire Chief - Tuckerman Police Chief - Herson Personnel Administrator - Collins Supt. of Public Works - Kinsella Dir. Planning $ Development -'Van Cort Building Commissioner - Hoard Fire Commissioner - Anderson T.C. Bd.. of Representatives - Rep. Ethel Nichols City Clerk - Rundle 4"75 PLEDGE OF ALLEGIANCE: Mayor Shaw led all present in the Pledge of Allegiance to the American flag. MINUTES: By Killeen: Seconded by Alderman Holdsworth RESOLVED, That the minutes of the June 2, 1982 meeting be approved as recorded bx the City Clerk. . 1 Carried Unanimously S: RESOLVED, That the Public Omni Bus Corporation for the Village of Owego, the Ithaca be opened. Hearing to consider application of DeWhite consent to operate a -motor bus line between Hamlet of Willseyville and the City of Carried Unanimously No persons appeared to speak to the hearing. Resolution To - Close'Public Hearin y Al erman Myers: beconded by Alderman Dennis RESOLVED, That the Public Hearing to consider application of DeWhite Omni Bus Corporation_ for consent to operate a motor' bus line between the Village of Owego, the Hamlet of Willseyvi:lle and the City of Ithaca be closed. Carried. Unanimously Resolution of Commendation By Alderman Holman: Seconded by Alderman Schuler WHEREAS, on Christmas Eve, December 24, 1981, Officers''Rodeirick Howe and Robert Davie were assigned to investigate a personal injury accident in the City of Ithaca, N.Y., and WHEREAS, upon arrival at this accident it was determined that two young girls, both sisters, were trapped in an overturned vehicle, in about four feet of water, and WHEREAS, both Officer Howe and Officer Davie, with the assistance of Fire Department personnel and volunteers that were on the scene, elected to physically turn the vehicle in an upright position so that the rescue of the two trapped girls could be effected quickly, and WHEREAS, as a result of this decision, both victims of this accident were rescued, thus avoiding a serious tragedy in the Community, and WHEREAS, the action taken by Officer Howe and Officer Davie was examined by a select Committee of the Central New York Association of 476 -2- July 7, 1.982 Chiefs of Police, and were both recommended to receive the Gold Badge Award for Heroism which is presented by WTVH - Channel 5 - Syracuse, New York, and WHEREAS, this award was presented to both Officers on June 6, 1982 in Camillus, New York, where they were honored; RESOLVED, That Officer commended by the Common the professional manner a potential tragedy. Roderick Howe and Officer Robert Davie both be Council of the City of Ithaca, New York for they exhibited at this incident, thus avoiding Carried Unanimously 0 ADDITIONS TO THE AGENDA: Bud et an A ministration Committee Al erman Holman requested the addition of one item to the agenda.; Item Q, Bus Grant Agreement. In addition she reported that there will be resolutions for Items 0, Weatherization and Item P, Purchase of Land for Right -of -way. No Council member objected. Alderman Sean Killeen Alderman Killeen requested the addition of a resolution concerning Rule of Common Council, and.suggested that it would be appropriate, to handle it prior to Item VIII, MAYOR'S APPOINTMENTS. Mayor Shaw suggested that the request be handled.under NEW BUSINESS, No Council member objected. Aldermen Banfield and Schlather arrived at the meeting at 8:30 p.m. COMMUNICATIONS: Mayor Shaw presented the following communications: Letter Regarding Rents "June 23, 1982 The Honorable William Shaw Mayor of Ithaca Dear Mayor: The rent here in the City of Ithaca is getting kind of ridiculous, just recently I decided to relocate.from the Lansing area. Every- where I looked the apartments and houses were in the three and four hundred dollars without electricity. It's painful enough with the NYSE &G Corp. rates. What I would like to see are rent control. here in the City of Ithaca like they have in other cities. 9 One bedroom apartment at covered bridge is $400,25.00 not including utilities. Just about every apartment in the City of Ithaca. is over- priced. If you make $7,000 per year, half of it goes toward rent.. If the people making $7,000 or less having a hard time finding a nice apartment, I do feel sorry for the lower income ones. We do feel that the reason that the rent here in Ithaca is so high is because of the students here at Cornell and Ithaca College. I foresee that it will become only students because the Ithacans cannot afford the high rent and move away where the prices are more reasonable. Please ask Common Council to do something about the high cost of rent:. Sincerely, Mr. Demsey Rae P.O. Box 652 Ithaca, N.Y. 14850" Mayor Shaw commented that he would make a copy of the letter available in the Clerk's Office and refer it to Charter and Ordinance Committee. -3- July 7, 1982 477 Public Notice - -State of New York Public Service Commission Mayor Shaw referred to a Public Notice from the State of New York Public Service Commission indicating that there will. be special public hearings on several dates in a variety of places to consider the . pending rate proposals of New York Telephone Company. The Notice will. be made available in the City Clerk's Office. Letter from Tompkins County Arts Council Inc. "June 6, 1982 �i The Honorable William Shaw Mayor of Ithaca Dear Bill: On behalf of Mr. and Mrs. Harmon T. Gnuse, co- chairpersons of the 1982 United Arts Fund, and the Board of Directors of the Tompkins County.Arts Council, I am writing to express our warmest apprecia= tion for the City of Ithaca contribution to the Fund of five thousand dollars. I would appreciate it if you would also convey our gratitude to the Common Council. As you know, this is our second annual UAF campaign; this year we are aiming for a goal. of $50,000. (\J During its inaugural year monies from the Fund, were allocated. to Ljf nineteen different arts organizations. Again this year the Fund will be distributed among a variety of arts groups in the community Q whose project applications have been recommended by both an outside review committee and a local panel, each composed of knowledgeable figures in the fields of visual and performing arts. Once the 1982 funding decisions have been finalized, we will be sure to let you know which arts organizations have received the financial support the City of Ithaca has made possible. In the meantime, if we can answer any questions concerning united arts funding, or if we can. provide you with any arts - related information, please do not hesitate 1 to call upon us. wJ Again, thank you for your generous investment in the arts of Tompkins County. Sincerely yours, Sorrel Fisher,, President" Mayor 'Shaw indicated he would make the letter available in the Clerk's Office and a copy sent to the Budget and Administration Committee. MAYORS APPOINTMENT: Civil Service Commission Mayor Shaw requested approval of Council for appointment of Mrs. Mary Slaght, 110 Park Street, to the Civil Service Commission for a term to expire May 31, 1988. Resolution By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That this Council approves the appointment of Mrs. Mary Slaght, 110 Park Street, to the Civil Service Commission for a term to expire May 31, 1988. Carried Unanimously Mrs, Slaght took. the Clerk. Television Cable Com Mayor Shaw requested Schattschneider, 107 for a term to expire Resolution oath of office and was sworn in by -the City nittee approval of Council for appointment of Susan Pine Tree Road, to the Television Cable Committee July 30, 1987. $y Ammerman Holdsworth: Seconded by Alderman Schlather RESOLVED, That this Council approves the appointment of Susan Schattschneider, 107 Pine Tree Road', to the Television Cattle Committee for a term to expire July 30, 1987. Carried Unanimously 478 -4- July 7, 1982 Ms. Schattschneider took the oath of- office and was sworn in by the City Clerk. Board of Fire Commissioners Mayor Shaw requeste approval of Council for appointment of Richard Slade, 713 N. Aurora Street, to the Board of Fire Commissioners for a term to expire June 30, 1985. Mr. Slade was recommended by No. 3 Fire Company. Resolution By Alderman Banfield: Seconded by Alderman Hoffman RESOLVED, That this Council approves the appointment of Richard Slade 713 N. Aurora Street, to the Board of Fire Commissioners for a term to expire June 30, 1985. — Carried Unanimously Mr. Slade took the oath of office and was sworn in by the City Clerk. Conservation Advisory Council Mayor Shaw requested the approval of Council for appointment of Susan Neimeth, 205Fall View Terrace, to the Conservation Advisory Council for a term to expire December 31, 1982. Resolution By Alderman.Schlather: Seconded by Alderman Clynes RESOLVED, That this Council approves the appointment of Susan Neimeth, 205 Fall View Terrace, to the Conservation Advisory Council for a term to expire December 31, 1982. Carried Unanimously Ms. Neimeth took the oath of office and was sworn in by the City Clerk. Mayor Shaw requested the approval of Council for appointment of William Erickson, 322 Mitchell Street, to the Conservation Advisory Council for a term to expire December 31, 1982. Resolution By Al &e—rman Holdsworth: Seconded by Alderman Dennis RESOLVED, That this Council approves the appointment of William Erickson, 322 Mitchell Street, to the Conservation Advisory Council for a term to expire December.31, 1982. Carried Unanimously I'thaca Energy Commission Mayor Shaw reappointed the following persons to the Ithaca Energy Commission: Term-To Expire Ernest Bury 6/30/83 Jeanne Fudala 6/30/84 Nancy Potter 6/30/83 Carolyn Peterson 6/30/83 Randall Lacey 6/30/83 Harold. Jones 6/30/84 Doug Dylla 6/30/84 Ben Nichols 6/30/83 01 In addition, Mayor Shaw appointed the following persons 'to the Ithac 0I Energy Commission: Gerald Mesmer Lindy Elkins 6/30/84 6/30/83 Jeanne Fudala, Carolyn Peterson and Doug Dylla took the oath of office and was sworn in by the City Clerk. CITY CLERK'S REPORT: City Clerk Rundle reported that he had provided copies of the list of polling places in the city. He asked, if there are any suggestions, that they be sent to him as soon as possible so that the. final listing can be prepared by the end of the month. j -5- CITY ATTORNEY'S REPORT: Alderman Banfiel asked the status City Attorney Tavelli informed him be resolved until 1983. July 7, 1982 479 of the Cornell Heights case and the case is still pending, will not At Alderman Killeen's request, City Attorney Tavelli explained the problem caused by redistricting. He said he, the County Attorney and the Board of Elections will have discussions to resolve the problem. Alderman Clynes asked the status of the problem concerning Conrail and City Attorney Tavelli replied that he had written to Conrail explaining that Council had passed a resolution asking that the problem be looked into. He has not yet had any response from Conrail and if he doesn't hear within the next few days he will follow up on. the matter., PLANNING AND DEVELOPMENT COMMITTEE: Hydropower By Alderman Dennis: Seconded by Alderman Myers WHEREAS, the Planning $ Development Committee has reviewed the options available to the City concerning the Fall. Creek Hydropower plant, and WHEREAS, the Committee,believes it most appropriate to pursue City (y) control of the hydropower plant; N w NOW, THEREFORE, BE IT RESOLVED, That Common Council. authorize the Planning $ Development Department to pursue City control of the Q hydropower plant, and BE IT FURTHER RESOLVED, That the Budget and Administration Committee be directed to take up the question of authorization of funds for the hiring of an engineering consultant firm to initiate preparation of the City of Ithaca license application. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Myers, Clynes, Schlather, Holman, Holdsworth Nay (1) - Banfield Carried. East Hill Park By Alderman Dennis: Seconded by Alderman Schuler WHEREAS, the East Hill Civic Association has long petitioned the City of Ithaca to provide open space in the Bast Hill area, and WHEREAS, there exists a small tract of land now owned by the City of Ithaca School District, which lies between Seneca Street and the old East Hill School, and WHEREAS, the School District has expressed a willingness to sell such land to the City for one dollar, and WHEREAS, the Ithaca Urban Renewal agency has allocated certain funds for the improvement of that land; NOW, THEREFORE, BE IT RESOLVED, That the Common Council, upon recom- mendation of the Planning $ Development Committee and the Budget $ Administration Committee, direct and authorize the Mayor and City Attorney to take all necessary steps to acquire the above described land from the City of Ithaca School District. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Intergovernmental Relations Al erman Dennis commented that he didn't have a resolution for this item. The committee talked about it two weeks previ.ous;.there was a resolution from one member of the committee who would like to dis- cuss it. i 480 -6- July 7, 1982 Alderman Killeen explained that the essence of the resolution was that it called upon Council to organize the Intergovernmental Relations Com- mittee of Council; it is a fact that the Intergovernmental Relations Committee is a standing committee of Council. The Committee has served the city effectively in formal discussions and negotiations with neighboring governmental jurisdictions. He believes it would be equipped to deal with intergovernmental issues on the immediate horizon, such as fire protection, sewage treatment, social service provisions and school functions. Alderman Killeen said it has been suggested that the committee's existence would counter in many ways the postular desire to streamlin the efficient operation of the system; it was also suggested that it 0 would undermine the executive.authority and leadership of the Office o the Mayor. Alderman Killeen rejected these suggestions, saying that he believes the existence of such a committee would strengthen the function- ing relationships of the city with its neighboring jurisdictions. It would indeed augment the image of the Office of the Mayor. By recogni- tion of the two points of criticism and with no desire whatsoever to do anything that could appear.to circumscribe executive initiative, there are particularly times when such challenging issues are before the Council as layoffs, Rothschilds, social service position, dynamic defense of West End development, Collegetown and a $36 million sewage plant, he thinks it is inappropriate to proceed with this. A higher good has to prevail and the Office of the Mayor requires that the Council give encouragement and respect to support without confusion. He asked that the Council act upon the resolution in such a manner as to table it at this time. At this point Alderman Dennis commented that the committee had voted to support the resolution as presented to them, but that he had not transmitted it to the Clerk to put on the Council Agenda. He said he thought it was a worthwhile issue to be discussed at a later time. City Clerk Rundle commented that when he received.the agenda items he was informed that a resolution would be prepared later but lie has never received it. CHARTER AND ORDINANCE COMMITTEE: Fair Houserin A Sct Ordinance Amendment By Al man chlather: Secon e by Alderman Holman ORDINANCE NO. 82 -4 AN ORDINANCE AMENDING CHAPTER 28 ENTITLED "FAIR HOUSING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT.ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 28 entitled "FAIR HOUSING" of the City of Ithaca Municipal Cade is amended as follows: L3 A. That Subdivision 1 of 8 28.10 entitled "Unlawful discriminatory practices' be and the same is amended to read as ollows- "I. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, mari., status or sexual preference or affection of the owners or occupants i the block, neighborhood or area in which the real property is located, and to represent directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in- criminal or anti - social behavior or a decline in the quality of schools or other facilities." B. That Subdivision 2a of 8 28.10 entitled "Unlawful discriminato practices" shall be amended to read as follows: -7- July 7, 1.982481 "2. It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accomodation *, or dwelling unit in a multiple dwelling, constructed or to be constructed, or any agent or employee thereof a. To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a "housing accommodation, or dwelling unit in a multiple dwelling, because of the race, creed, color,national origin, sex., marital status or sexual preference or affection of sucb person or persons." C. That Subdivision 2b of & 28.10 entitled "Unlawful discriminatory practices" shall be amended to read as follows: . "2. It shall be an unlawful discriminatory practice for the owner., lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accomodation *, or dwelling unit in a multiple dwelling, constructed or to be constructed., or any agent or employee thereof C'7 b. To discriminate -.against-- any7-person beraitse:.of lits .mace, N creed, color, national origin, sex, physical or menial. W disability, marital status or sexual preference or affection in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation. or dwelling unit in a multiple dwelling, or in the furn.i.shi.ng of facilities or services in connection therewith." D. That Subdivision 'lc of 5 28.10 entitled "Unlawful discri.ma practices" shall be amended to read as follows: 112. It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accomodation*, or dwelling unit in a multiple dwelling, constructed or to be constructed, or any agent of employee thereof c. To print or circulate or cause to be printed or ci.rcul.a.ted any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accomodation or dwelling unit in a. multiple dwelling or to make any record of inquiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, marital status or sexual preference or affection, or any intent to make any such limitation, specification or discrimination." E. That Subdivision 3a of 9 28.10 entitled "Unlawful discriminatory practices" shall be amended to read as follows: "3. It shall be an unlawful discriminatory practice for any real estate broker or employee or agent thereof: a. To refuse to sell, rent, or lease any housing accomodation* - or dwelling unit in a multiple dwelling or land to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation or dwelling unit in a multiple dwelling or land to any person or group of persons because of the race, creed, color, national origin, sex, disability, marital status or sexual preference or affection of such person or persons, or to represent that any housing accommodation or dwelling unit in a multiple dwelling or land is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation or dwelling unit in a multiple dwelling or land or any facilities *So in original. 482 -8- July 7, 1982 of any housing accommodation or land from any person or group of persons because of the race, creed, color, national origin, sex, disability, marital status or sexual preference or affection of such person or persons." F. That Subdivision 3b of 9 28.10 entitled "Unlawful discrimin practices" shall be amended to read as follows: "3. It shall be an unlawful discriminatory practice for any real estate broker or employee or agent thereof: b. To print or circulate or cause to be printed or circulated. any statement, advertisement or publication, or to use any form of application for the purchase, rental, or lease of any housing accommodation or dwelling unit in a multiple dwelling or land or to make any record or inquiry in connection with the prospective purchase, rental or lease of any housing accommodation or dwelling unit in a multiple . dwelling or land which expresses directly or indirectly any limitation, specification, or discrimination as to race, creed, color, national origin, sex, disability, marital status, or sexual preference or affection, or any intent to make any such limitation, specification or discrimination." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 9 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Common Council recessed at 9:25 p.m. and reconvened in Regular session at 9:35 p.m. Push Carts __ By Alterman Schlather: Seconded by Alderman Schuler WHEREAS, the Ithaca City Common Council directed the Commons Advisory Board to draft and recommend regulations for the operation of pushcarts on both the Primary and Secondary Commons; and WHEREAS, the Commons Advisory Board has duly drafted and recommended certain regulations, all as is more fully set forth in the attached copy of said regulations (Schedule A); NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Council does herewith approve the regulations as proposed by the Commons Advisory Board, all as is more fully set forth in the attached Schedule A. Amendment to Resolution By Alderman Sc lat er: Seconded by Alderman Schuler RESOLVED, That the resolution be amended as follows: Addition of third WHEREAS: WHEREAS, it is the intention of Common Council to permit pushcarts on the Commons, both Primary and Secondary, on a trial basis only; Addition of second RESOLVED: BE IT FURTHER RESOLVED, That these Regulations and the entire issue of pushcarts on the Ithaca Commons, both Primary and Secondary, be reviewed at the end of the 1983 mobile vending season for possible rescission or modification. — Discussion followed on the floor. A vote on the Amendment to Resolution resulted as follows: Ayes (6) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Schlather Nays (4) - Banfield, Holman, Myers, Clynes Carried (v Q ■ I 1 0 • July 7, 1982 483 Amendment to Main Motion as Amended By Alderman Holamn: Seconde by Alderman Banfield RESOLVED, That the main motion as amended be amended as follows: Third WHEREAS to read: WHEREAS, it is the intention of Common Council to permit pushcarts on the Secondary Commons on a trial basis only: BE IT FURTHER RESOLVED to read: BE IT FURTHER RESOLVED, That these Regulations and the entire issue of pushcarts on the Ithaca Secondary Commons be reviewed at the end of the 1983 mobile vending season for possible rescission or modifi- cation. Discussion followed on the floor. A vote on the amendment to Main Motion as Amended resulted as follows-. Ayes (3) - Holman, Myers, Clynes Nays (7) - Banfield, Hoffman, Killeen, Schuler, Dennis, Hold.sworth, Schlather Motion Defeated Main Motion as Amended WHEREAS, the Ithaca City Common Council directed the Commons Advisory Board to draft and recommend regulations for the operation of push- carts on both the Primary and Secondary Commons; and WHEREAS, the Commons Advisory Board has duly drafted and recommended certain regulations, all as is more fully set forth in the attached. copy of said regulations (Schedule A); and WHEREAS, it is the intention of Common Council to permit pushcarts on the Commons, both Primary and Secondary, on a trial basis only; NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Council does herewith approve the regulations as proposed by the Commons Advisory Board, all as is more fully set forth in the attached Schedule A; and BE IT FURTHER RESOLVED,,That these Regulations and the entire issue of pushcarts on the Ithaca Commons, both Primary and Secondary, be reviewed at the end of the 1983 mobile vending season for possible rescission or modification. A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Myers, Schlather Nays (3) - Clynes, Holman, Banfield Carried Peddlers and Solicitors Ordinance Amendment By Alderman Schlather: Seconded by Al erman Killeen ORDINANCE NO. 82 -5 AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "PEDDLERS AND SOLICITORS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 17 entitled "PEDDLERS AND SOLICITORS" of the City of Ithaca Municipal Code is amended as follows: A. That Section 17.7 of Chapter 17 entitled "License fees" be and the same is hereby amended to read as follows: The following fees shall be paid for the license herein required: A. Where a vehicle or vehicles is or are to be used by the applicant, the fees shall be: 484 -10- July 7, 1982 1. For the first such vehicle so used: For one year, two hundred dollars ($200); for any period less than one year at the rate of thirty dollars ($30) per month, except that the minimum fee shall be sixty dollars ($60). 2. For each additional vehicle so used by any one licensee: For one year, one hundred dollars ($100); for any period less than one year at the rate of fifteen dollars ($15) per month, except that the minimum fee shall be thirty dollars ($30). B. Where no vehicle is used by the applicant, or where an addi- tional license is required by Subdivision A of 8 17.8 hereof: For one year, one hundred dollars ($100); for any period less than one 0 1 year, at the rate of fifteen dollars ($15) per month, except that the — minimum fee shall be thirty dollars ($30). Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Closing Out Sales Ordinance By Alderman Schlather: Seconded by Alderman Holman ORDINANCE NO. 82 -6 AN ORDINANCE AMENDING CHAPTER 16 ENTITLED LICENSING OF BUSINESSES AND OCCUPATIONS OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 16 entitled "Licensing of Businesses and Occupations of the City of Ithaca Municipal Code is amended as follow A. That Article III Sections 16.31 through 16.38 of Chapter 16 entitled "Closing Out Sales" is hereby repealed. Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(.B) of the Ithaca City Charter. Carried Unanimously Council recessed at 10:40 p.m. and reconvened in Regular Session at 10:45 p.m. BUDGET AND ADMINISTRATION COMMITTEE: Score Clock at Cass Par By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That this Common Council approves the purchase and installa- tion of a score clock at Cass Park Ice Rink to replace the existing clock, at a cost not to exceed $6,362, and BE IT FURTHER RESOLVED, That $6,362 be transferred from Account A1990, Contingency, to Account A7182 -250, Other Equipment, and BE IT FURTHER RESOLVED, That the City Attorney be requested to prepar an Agreement between the City and the Ithaca Youth Hockey Association for repayment of this cost in equal installments over a five (5) year — period. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Clynes, Schlather Nay (1) - Banfield Carried -11- July, 7, 1982 485 Mechanical All Stars Pro ram Su lies By Alderman Holman: Sec on a by Alderman Schlather RESOLVED, That the Youth Bureau be authorized to purchase supplies for the Mechanical All Stars Program, at a cost not to exceed $330, and BE IT FURTHER RESOLVED, That $330 be transferred from Account A1990, Contingency, to Account A7310 -311, Program Supplies. Carried Unanimously i Summer Youth i'9rk Program By Alderman Holman: Seconded by Alderman Schlather. WHEREAS, the Tompkins County Board of Representatives, on June 15, 1'982, adopted a resolution appropriating $25,000 for a Summer. Youth Work Program to be made available to municipal- i_ties of this County on a matching fund basis, and WHEREAS, the Executive Committee of the City's Youth Bureau Board has unanimously recommended that the City participate in this Program; NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves an amount not to exceed $8,250 as the City's matching shale for this ('7 Program, and N BE IT FURTHER RESOLVED, That $8,250 be transferred from Account A.1990, W o Account A7310 -101 Salaries and � Contingency, t y y Q BE IT FURTHER RESOLVED, That the Mayor and City Clerk be, and they are, hereby authorized and directed to execute the Agreement with Tompkins County. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Youth Bureau Petty Cash Fund By Alderman Holman: Sid by Alderman Killeen RESOLVED,. That a Petty Cash Fund in the amount of $25 be established. )for the Youth Bureau, as requested by the Youth Bureau Director. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously G.I.A.C. Personnel By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the hours of employment for Cassandra Hadden, Assistant to the Coordinator of the Media Access Center, be increased from 17 to 20 hours per week, as requested by the Youth Bureau Director. Carried Unanimously Collev Ave__n��u__e Capital Project Expenditure Dy Alderman Ho man: Seconded by Alderman Dennis WHEREAS, this Common Council has directed the Department of Planning and Development to proceed with the preparation of a Collegetown Redevelopment Proposal, and WHEREAS, a detailed analysis of parking demand and traffic circulation • patterns is central to any (RE) development efforts in Collegetown, and WHEREAS, the City and Cornell University have agreed to jointly retain Travers Associates to conduct a traffic and parking assessment of Collegetown, and a mutually satisfactory contract with Travers Associate: has been worked out; NOW, THEREFORE, BE IT RESOLVED That this Common Council authorizes an expenditure, not to exceed ill,000, from the College Avenue Capital Project No. 149, as the City's share for this study. Discussion followed on the floor. 4 g6 -12- July 7, 1982 A vote on the resolution resulted as follows: Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Clynes, Schlather Nay (1) - Banfield Carried Buildin rm De artment Equipment By Al ean Holman: Seconded by Alderman Schuler RESOLVED, That the 1982 General Fund Authorized Equipment List be amended to include the purchase of an in -house computer, as requeste� by the Building Commissioner, at a cost not to exceed $14,000, and BE IT FURTHER RESOLVED, That the $14,000 required be transferred within the Building Department Accounts as follows: $10,875 from A3620 -407 to A3620 -220 125 from A3620 -411 to A3620 -220 3,000 from A3620 -422 to A3620 -220 Tablin Resolution By Al erman.Banfield: Seconded by Alderman Hoffman RESOLVED, That the funding of the proposed purchase be tabled for the 1982 budget, and that the need for computers again be looked into overall. A vote on the Tabling Resolution resulted as follows: Ayes (4) - Banfield, Hoffman, Myers, Clynes Nays (6) - Killeen, Schuler, Dennis, Holdsworth, Holman, Schlather, Motion Defeated Discussion followed on the Main Motion. A vote on the Main Motion resulted as follows: Ayes (.7) - Killeen, Schuler, Dennis, Holdsworth, Holman, Clynes, _. Schlather Nays (2) - Banfield, Myers Abstention (1) Hoffman Carried Storekee er Position By Al erman Holman: Seconded by Alderman Dennis WHEREAS, the Board of Public Works approved the request of the Superintendent for the establishment of a temporary position of Storekeeper in the Streets and Facilities Division, pending the appointment of a Vehicle Maintenance Supervisor; NOW, THEREFORE, BE IT RESOLVED, That this Common Council establishes the title of Storekeeper, at Grade 22 of the 1982 Compensation Plan for the CSEA -DPW Unit, and BE IT FURTHER RESOLVED, That Joseph Leonard be appointed to the temporary position of Storekeeper, at an hourly rate of $5.23, effective July 5, 1982, as requested by the Board of Public Works. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Golf Course Manager Com ensation By Alderman Holman: Seconde by Alderman Banfield RESOLVED, That the salary of the Golf Course Manager, for the year 1982, be set at $14,743, being Step 9 of the 1982 Compensation Plan for employees not covered by a Union Contract, retroactive to January 1, 1982, as recommended by the Board of Public Works, and BE IT FURTHER RESOLVED, That $3,743 be transferred from Account A1990, Contingency, to Account A7250 -101, Salaries. Carried Unanimously -13- July 7, 7.982 487 Labor Negotiator Agreement By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk be authorized and directed. to execute an Agreement between the City of Ithaca and William L. Holcomb Associates, Inc. for professional services in. the field of City Labor Negotiations, Arbitration and Other Assistance, for the period July 1, 1982 to December 31, 1983 at a cost not to exceed $22,500. Carried Unanimously •Capital Project Transfer of Funds By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That this Common Council approves the transfer of $8,500 from Capital PY-oject No. 77, Other Sewer Lines, to Capital Project No. 190, South Aurora and Prospect St. Improvements, to cover the construction cost of a sanitary sewer main, as requested by the Board of Public Works. Discussion followed on the floor. A vote on the resolution resulted as follows: (y) Carried Unanimously N Sewer Fund E ui 'Rent Li.� By Al erman Holman: Seconded by Alderman Sch.lather. Q RESOLVED, That the 1982 Authorized Equipment List of the Sewer Fund Q be amended to include the purchase of a Safety Flame Arrestor for the Sewage Treatment Plant, at .a cost not to exceed. $1,400, as requested by the Board of Public Works, and BE IT FURTHER RESOLVED, That $1,400 be transferred from Account G8150 -312, Equipment Parts and Supplies, to Account G8150 -250, Other Equipment. Carried Unanimously Wastewater Treatment Plant Bond By Alderman Holman: Seconde y Alderman Schlather WHEREAS, the Common Council of the City of Ithaca, Tompkins County, New York, has heretofore determined to undertake the construction of a new Wastewater Plant and related facilities, such facilities to be jointly constructed pursuant to Article 5 -G of the General Municipal Law, by and for said City of Ithaca and the Towns of Ithaca and Dryden, Tompkins County, New York, and WHEREAS, it is now desired to authorize the issuance of $20,680,200 Serial Bonds of said City to pay the City's share of the cost of the Ithaca Area Wastewater Treatment Plant Project; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the City, of ItN—ac-a-1-s--s-liare of the cost of the Ithaca Area Waste dater Treatment Plant Project, consisting of a new 10,000,000. gallon per day activated. sludge treatment plant to achieve secondary treatment and,phospherous removal, primary and secondary settling tanks, aeration basins,, phospherus stripper tanks, septic storage tanks, gravity thickeners, primary and secondary digestors, sludge dewasting equipment, a new administration building and chlorine building, approximately 6300 feet of 48 and 36 -inch outfall sewer and 20 6 -inch ports, and improvements incidental thereto, and original furnishings, equipment, machinery and apparatus required in connection therewith, there are hereby authorized to be issued $20,680,200 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law; provided, however, that the amount of serial bonds ultimately to be issued shall be reduced by the amount of any State and Federal aid received by said City for such purpose, and further provided that no such serial bonds, or any bond anticipation notes issues in anticipation thereof, shall be issued until said City has received commitments from the State and Federal Governments to provide aid for said project in an amount and upon such terms and conditions as shall be deemed acceptable by the Controller of said City. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. 488 -14- July 7, 1982 Section 2. It is hereby determined as follows: a) TE—e—a—roresaid project described in Section 1 above is a joint project and such project shall be jointly constructed and owned by the City of Ithaca and the Towns of Ithaca and Dryden, pursuant to an intermunicipal agreement entered into pursuant to the provisions of Article 5 -G of the General Municipal Law; and b) The maximum estimated cost of the aforesaid specific object or purpose is $36,000,000 and the plan for the financing thereof is as follows: (1) By the issuance of the aforesaid $20,680,200 serial bonds of the City of Ithaca authorized to be issued pursuant to this resolution; — (2) By the issuance of $14,966,640 serial bonds of the Town of Ithaca, Tompkins County, New York; and (3) By the issuance of $353,160 serial bonds of the Town of Dryden, Tompkins County, New York. Section 3. It is hereby determined that the period of probable usefulness ol'the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11,00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby dele- gated to the City Controller, the chief fiscal officer. Such. notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section S. The faith and credit of said City of Ithaca, Tompkin County, New York, are hereby irrevocably pledged for the payment of th principal of and interest on such obligations as the same respectively` become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obliga- tions becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: (.1) Such obligations are authorized for an object or purpose for which said City is not authorized. to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of_.such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, sha be pu lis e 1n full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Killeen voting Aye Holdsworth voting Aye Banfield " Aye Schuler " Aye Clynes it Aye Myers Aye Dennis if Aye Holman Aye Hoffman It Aye Schlather Aye Carried Unanimously ■ ■I ■ W. -15- July 7, 1982 48J Audit By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the bills audited and approved by the Budget a.nd Administration Committee, in the total amount of $20,026.84, as listed. on Audit Abstract #12/1982, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously i Weatherization Program By�Al erman Holman: Seconded by Alderman Hoffman RESOLVED, That this Common Council approves the Wea.ther.i_za.ti_on. Program as proposed by the Energy Task Force, at a cost not to exceed $5,000, and BE IT FURTHER RESOLVED, That $5,000 be transferred from Account A.1990- Contingency, as follows: $2,800 to Account A8570 -101 Salaries (Y) 2,200 to Account A8570 -314 Constr. Mat. $ Supplies N Amendment to Main Motion W By Alderman Schlather: Seconded by Alderman Banfield. RESOLVED, That the resolution read, "at a cost not to exceed. $2,200," Q and BE IT FURTHER RESOLVED, That $2,200 be transferred. . ., as follows: $2,200 to Account A8570 -314 Constr. Mat. $ Supplies thereby deleting $2,800 Salaries. - Discussion followed on the floor. Alderman Dennis called the question, which resulted. as follows: Ayes.(4) - Killeen, Dennis, Holman, Myers Nays (6) Banfield, Hoffman, Schuler, Holdsworth, Clyn.es, Schlather Motion Defeated Discussion continued on the floor. Tabling Motion By Alderman Banfield RESOLVED, That the matter be tabled. The motion failed for lack of a second. A vote on the amendment resulted as follows: Ayes (4) - Banfield, Holdsworth, Clynes, Schlather Nays (6) - Hoffman, Killeen, Dennis, Schuler, Holman, Myers Motion Defeated A vote on the main motion resulted as follows: Ayes (7) - Hoffman, Killeen, Schuler, Holman, Dennis, Clynes, • Myers Nays (3) - Banfield, Holdsworth, Schlather Carried Purchase of Land for Ri ht -of -way By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That this Common Council approves the purchase of land for a right -of -way for the construction of the West Clinton Street Improve- ment Project by making available the surplus, existing right -of -way to the property owner, plus a purchase price not to exceed $3,500, and BE IT FURTHER RESOLVED, That $3,500 be transferred from Account A1990, Contingency, to Account A9550 -7, Transfer to Capital Fund. 490 -16- July 7, 1982 Executive Session By Alderman Schlather: Seconded by Alderman Banfield RESOLVED, That Common Council go into Executive Session at 11:45 p.m. to discuss a specific tract of land. Carried Unanimously Resolution By Alderman Schlather: Seconded by Alderman Dennis RESOLVED, That this Council reconvenes in Regular Session at 11:48 p.m. Carried Unanimously is Mayor Shaw reported that the vote on the resolution which was taken in Executive Session resulted as follows: Ayes (3) - Killeen, Holdsworth, Holman Nays (7) - Hoffman, Banfield, Schuler, Dennis, Myers, Cl.ynes, Schlather Motion Defeated. Bus Grant Agreement By Alterman Holman: Seconded by Alderman Banfield WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to purchase two (2) 39- passenger buses; RESOLVED, That the Mayor be authorized to sign the Agreement between the .City of Ithaca and the State of New York for the above named Project, said Agreement, which is attached hereto and made a part of this Resolution, and FURTHER RESOLVED, That the Mayor is authorized to progress and complet the above Project, and FURTHER RESOLVED, That the City of Ithaca agrees to provide its share __. of the Project Cost, which is estimated to be $28,452, according to the terms of said Agreement, and hereby certifies the availability of this amount for this purpose. The City of Ithaca's actual share of the Project Cost shall be that portion of the actual project: costs, determined by the final project audit, that is not reimbursed by federal Section 18 and State Mass Transportation funds. Carried Unanimously HUMAN SERVICES COMMITTEE: Bar Closing Hours By Alderman Ban geld: Seconded by Alderman Clynes WHEREAS, a suggestion has been made that bar hours' be extended from 1:00 A.M. to 2:00 A.M. closing, and WHEREAS, a 2:00 A.M. closing time is likely to create enforcement problems; RESOLVED, That the City of Ithaca request the appropriate authorities, including the Alcohol Beverage Control Board,through its local office, to retain the current closing hours of 1:00 A.M. for local establish- ments serving alcoholic beverages and licensed by the Alcohol Beverag� Control Board. Carried Unanimously Alderman Banfield requested that the Mayor, when writing the letter, indicate that the resolution was passed unanimously. Identification System Al erman Holman reported that there was a meeting with the Sheriff of Tompkins County. The Sheriff's department has the feasibility of issuing laminated identification cards for all youths who will be nineteen and older with pictures. The next step is to enlist the bar owners to urge them to insist that the Sheriff's identification card be used when serving alcoholic beverages. Alderman Banfield requested that the Clerk's Office send cards to all establishments affected; Clerk Rundle requested that a.list be prepared. e� W Q U I0 -17- July 7, 1,982 491 CONSERVATION ADVISORY COUNCIL: Alderman Hoffman reported that at its June meeting the Conservation Advisory Council received comments from residents who were concerned . about the proposal to build a 124 -unit housing development adjacent to the City water shed and reservoir. Subsequently the CAC passed a motion requesting the County to require a full environmental. impact statement for the project. CIRCLE GREENWAY COMMITTEE: Alderman Clynes reported that the committee, with the City, Town of Ithaca and Finger Lakes State Parks, are interested in acquiring a. piece of property from Conrail, from Stone Quarry Road to Knight's Crossing, in the southwest end of the City. There have been two meetings on the subject. The Planning Department is putting together a Memorandum of Understanding which is due in about two weeks, at which time the council may have more information on what the State Parks is interested in. She commented that eventually, they are interested in having a bikeway; the Town and City are interested in drainage problems. SPECIAL COMMITTEES REPORT: Human Services Coalition Alderman Holman reporte7 that the coalition will be reviewing three revenue sharing requests which have been forwarded to the city and. will come to the council on or about August 1, 1982. ITHACA URBAN RENEWAL AGENCY /COMMUNITY DEVELOPMENT COMMISSION Alderman Dennis reported that the Agency has created a Developer Selections Committee for the Collegetown project as follows: Alderman Schlather, Alderman Dennis, Mayor Shaw, members of the East Hill. Civic Association and representatives from Cornell University. The committee will evaluate proposals received for development. Alderman Dennis reported that the Agency has reprogrammed some money, and are also still working on the Community Gardens project. ITHACA ENERGY COMMISSION: Alderman Holman presented the following report: ENERGY COMMISSION STATUS REPORT: City Energy Improvements Since June 1981 1. Reduction in the electric usa a at Green Street Parkin Ram A elamping program has occurred at the ramp with the removal. of 210 watts from each of 105 fixtures. The operation costs of the lighting in 1981 was $18,652; estimated savings are $7006 /year, In addition, a photoelectric switch has been installed. for daytime shut -off of all lights. Estimated savings are $650 /year: Finally, several low - pressure.sodium lights have been installed on the second level on an experimental basis. 2. Delamping of City Hall Bulbs rom fluorescent fixtures have been removed from overli.t areas. Work has been ongoing since January 1982. 3. Dlonthly tracking of utility costs for all city -owned facilities Since 1981 monthly recor s of the energy usage of all city buildings and other facilities have been recorded for comparison. studies. A list of highest users has been compiled so priorities for conservation work can be determined. 4. An Energy Task Force of key city staff has been created. This Task Force is cooperating with the Energy Commission to develop energy conservation proposals and hopefully, work for their implementation. In particular, the Task Force is planning for a "weatherization crew" of BOCES students to perform repairs to the Tin Can and other city buildings this summer. In addition, they are developing energy conservation proposals for inclusion in the Capital Improvements Budget for 1983. S. A fuel management system has been purchased and will.soon be installe - -- - X--sophisticated fuel dispensing system will monitor 'all gasoline 492 -18- July 7, 1982 use for city -owned vehicles from a central facility. A 10 -20% savings in fuel costs are expected. Gas and oil have been budgeted for $278,000 in 1982. 6, Mayor Shaw has _s et specific goals for energy sa L or 1982 -84. i The Mayor has set specific caps for city energy use; specifically, keeping within the budget of $952,000 for 1982, 1983, and 1984. The city has previously experienced increases of 16% and 5% in energy costs in 1980 -81 and 1981 -82 respectively. These goals wil' help establish energy conservation as a priority for city staff. 7. The street li htin throu hout the cit is bein reviewed. C uck arber of the city's Engineering Dept. has done a preliminary review of the street lighting system and the lighting contract with NYSE&G. He has also developed a proposal for the conversion of 844 lights from mercury vapor to high - pressure sodium. The esti- mated savings are $9,556 /year. The estimated 1982 cost of street lighting is $212,820. 8. The Cass Park offices and dressing rooms have been insulated. Renovations at Cass Park have included building a vestibule entry and insulating both walls and ceilings. 9. The installation of "tamper-proof" thermostat covers at Ci At the cost of 13 cover, these have been installed throui City Hall and settings are regulated by service personnel.. Mayor Shaw reported that the Energy Task Force has prepared a List of about six capital improvements for 1983. TOMPKINS COUNTY BOARD OF REPRESENTATIVES: Representative Nichols reporte t at t e county is now in its budget work and the budgets are due from the department heads on August 2. The Commissioner of Social Services reminded them that they haven't signed the lease with the city for space which they are using in City Hall. The committee passed a resolution asking that the County Attorra_ negotiate with the City Attorney a three -year lease for the use of the space in City Hall with a small increase in square footage rate. They asked that the maximum notification for either party to break the lease be six months, and that is also subject to negotiation. Rep. Nichols reported that the cutbacks in federal funding have been somewhat offset by increase in state funding so the Office . for the Aging will be applying for various state monies to continue the Nutrition Program and other programs for older people. At present the EOC is using the old hospital building for food storage. They have been able to obtain large quantities of surplus federal food and needed a place to store.it. Also, the EOC Corp. has negotiated a lease with GIAC. NEW BUSINESS: By Amman Killeen: Seconded by Alderman Schuler WHEREAS, the Common Council has statutory authority unless otherwise specified to confirm the appointments of individuals to lay boards, commissions and other bodies vital to the governance of the City of Ithaca, and WHEREAS, this Common Council responsibility is also a process designe' to achieve greater popular participation, intergovernmental coordina tion, and public accountability, and — WHEREAS, it would seem desirable and in the public good to enhance, the integrity of the appointment procedure and process; RESOLVED, the Budget and Administration and Charter and Ordinance Committees are called upon to study the feasibility of establishing, and so recommend the establishment of, an improved procedure of appointment review and recommendation to the Common Council by appropriate Standing Committees of the Common Council. -19- Discussion followed on the floor. July 7, 1.982 493 Amendment to Resolution By Alderman Holdsworth: Seconded by Alderman Banfield RESOLVED, That the resolution be amended by deleting the Budget and Administration Committee. A.vote on the amendment resulted as follows: Ayes (6) - Banfield, Holdsworth, Dennis, Myers, Holman, Clynes Nays (4) - Hoffman, Killeen, Schuler, Schlather Carried A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Enforcement of Truck Stop Alderman Holman requested the Executive Branch of the City to communicate with the Sheriff's Department to ask for increased enforcement of the truck stop on 96B since the truck drivers are now coming down Hudson Street. ADJOURNMENT: On a motion the meeting adjourned at 12:35 a.m. W Q reph A. Rundle, City Cler • William R. Shaw, Mayor 0 (PUSHCARTS - SCHEDULE A) MOBILE VENDING CART REGULATIONS FOR THE ITHACA COMMONS Z. The Carts and Surrounding Area 1 nottexceedlsix wheels and easily four movable by width,ldandd all ten feet in height, inclusive of umbrellas, awnings, balloons, signs, etc. The Commons Advisory Board (CAB) may consider requests for minor alterations of these maximum dimensions. 2. Cart signs shall earance, and rshall otherwise be in conformity substance and app with the Ithaca City Sign Ordinance. 3. Cart design and appearance shall be reasonably compatible with ® the overall design.of the Commons.,and the surrounding buildings. In this connection, all applications for mobile vending permits will also be reviewed.by the City's Design Review Board. The DRB will make recommendations to both the CAB and the applicant concerning the compatibility of the proposed cart design with the overall design of the Commons and the,s'urrounding buildings. The final decision of the CAB concerning the compatibility of the proposed cart design with the surrounding environment will depend in part on the recommendations and suggestions of the DRS and the responsiveness of the applicant to them. �i t + i Ise, �r 4. All items related to the operation of a- vending cart shall be secured on,`,in, or under the cart: No.items shall be stored or placed upon any public space adjacent to the cart. 5. Vendors shall keep sidewalks and other public spaces within a ten foot radius of their carts clean and'free from paper, peelings,; oil "•:and grease "spills, and refuse of any kind generated from the operation of their carts. 6. Vendors shall provide a container for trash and litter attached to;their carts. This container shall be emptied regularly, as needed and shall be marked'as. being for litter or trash. Vendors shall be responsible for the removal of litter or trash placed in their containers from the Commons. 8. Vendors shall not make any continuous noise of any kind by' vocalization or otherwise (i.e., bells, horns, music, etc.) for the purpose of advertising or attracting { merchandise. 9. Carts must be attended at all times by the owner or a bonafide employee. -2- 10. 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. II. Locations 11. Vendors must not block or inhibit pedestrian traffic or allow vehicular traffic to be impeded'because'of their operation. 0 12. For reasons of public safety there are six fixed locations for mobile vending on the Ithaca Commons. They are: (a) The corner of East Seneca and North Aurora Streets adjacent to the Seneca Street parking ramp. (b) The corner of East Seneca and North Tioga Streets adjacent to the pedestrian entrance to the Seneca Street parking ramp. (c) The north entrance to the Commons adjacent to the planter across from Citizens' Savings.Bank. (d) At the intersection of the Commons and South Cayuga Street to the south of the fire lane between the building line a"d the first' planter.: ' (e) Next to First Bank (west side) adjacent to planter #13. (f) In the „parking /park area next to „City Hall on East Green Street adjacent to the pedestrian entrance to the Green Street Parking Garage. III. Hours of Operation 13. 'Operating, for mobile vending carts are between 8:00 A.M. and 10:00 P.M. Cai•ts'must be removed from the Commons between the hours of 10:00 P.M. and 8:00 A.M. Cart owners may petition the CAB to operate outside regular hours on special occasions; e.g., The I�haca Festival, etc. IV. Permits 14. The CAB may issue up to six permits annually for mobile vending on the,Commons. The CAB may refuse to issue a permit:, (a) To any. eligible permit holders in excess of six; A a -3- (b) To any applicant who fails to satisfy' the application requirements; and' (c) To any applicant whose proposed cart design and appearance is incompatible with the overall design of the Commons and the surrounding - buildings. 15• A permit to operate a mobile vending cart on the Ithaca Commons shall be issued by the CAB for the Season from April 1 through November 30, and shall be valid for one Season unless suspended or revoked. Vendors may apply to have their permits renewed each year. 16. The application for the permit shall include: (a) The name and address of the applicant and the name and address of the owner, if other than the ,applicant, of the vending cart; (b) A description of the type of merchandise to be offered for sale; (c)' A description of the cart to be used; (d) Photographs or detailed sketches And;plans_of the cart; (e) Proof that the applicant has complied with the established regulations of the.Tompkins County Health Department, f I other health and sanitation requirements, and other appropriate state, federal and local`laws• and regulations - applicable to the vending business; 'y (f) A certificate of liability insurance in the amount of $500,000.00 naming the City of Ithaca as additional insured; (g) The applicant.shall. provide the name'and, address of a registered agent .upon whom service of process and other legal'notices may be made; and (h) A $50.refundable'application fee to be applied towards the cost of the'p'ermit, if granted,. ' The CAB may Pequire additional pertinent information from the applicant if deemed necessary. 17. Applications for mobile vending permits will be received and considered'by the CAB or a designated subcommittee during January'* Nb permit application will be.accepted after January 31. Permits will be issued no later than March 15, -4- 18. Whenever 'any name or address provided' by the vendor on his or her permit or application changes, he or she shall notify the CAB within ten days of the change. 19. After consideration according to the guidelines set forth in these regulations, a pool of oli.gible. permit holders will be established by the CAB or a designated subcommittee. Notice of intent to vote on pending applications will be distributed in writing to members of the CAB and all applicants in advance. If there are from one to six eligible permit holders in the pool, fixed locations will be assigned by,lot by the CAB. If there are more than six eligible permit holders in the pool, a lottery will determine the six applicants who receive permits. The remainder of the eligible permit holders will be placed on an official waiting list. Fixed locations for permits granted under this procedure will be assigned. by lot by the CAB. If a fixed location is vacated for any reason during the Season, that location may be filled by the CAB. The vacated location will be assigned by lot to an eligible permit holder whose name appears on the official waiting list. 20. To offset the cost of issuing the permit, enforcing compliance and.regulating the use,-the fee to operate a mobile vending cart on the Ithaca Commons shall be $1,200.00. The fee shall be paid in three installments of $100.00 each to.be due on April 1, June 1, and August 1. All payments shall be payable on or before the first.of the month in which they are due. All payments shall be made to the Commons Office, transferred to the City Chamberlain's Office, and deposited in the General- Fund of the City of'Ithaca. 21. Permits to operate a mobile vending cart shall authorize the vendor to use public space at a location and in a manner specified.in the permit. The CAB shall indicate on all permits the location and manner of operation. 22. The permit shall specify the particular products authorized to be sold, the particular cart for which the permit is issued, and the location of operation.. The permit shall be valid only when displayed on the cart for which it was issued and only when,the particular products Authorized on the permit 'are being offered. The CAA may consider petitions to alter permit specifications. z 23. Vendors receiving permits shall: (a) Ascertain and comply with all laws, ordinances, and regulations appl.•icable to their.busihesses; (b) Refrain from operating carts after permits,expire and when the permits are suspended or revoked; and -)I i� -5- (c) Surrender their permits promptly upon their revocation or suspension. 24. No person, business or corporation may hold more than one mobile vending cart permit in any given year. Permits to operate a mobile vending cart are not transferable.to another person or entity. 25, A vendor receiving a permit shall defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the Ithaca Commons and shall be;so duly insured in the minimum amount of $500,000.00. v. Enforcement 26. Any permit for mobile, vending may be suspended or revoked by the CAB for'any of the following'causes: 7/7/82 (a) Fraud ,.misrepresentation, or false statements in the permit application; (b)' Fraud;,misrepresentation, or false statements made in connection with ."the selling of merchandise; (c) Violation of this regulation or of any ordinances, holder of such regulations, orAaws applicable to the a permit;, (cl) Conduct of the business permitted in an unlawful manner health or in such a way as to constitute a menace to the and safety of the public; or (e) Non payment of.'any portion of the'permit.fee. 27. Notice, "of - Proposed suspension or!revo'cation of a permit for forth mobile vending shall be given in writing,.setting the of the complaint, and summoning specifically the grounds vendor to a,hearing before the CAB no sooner than ten days after the notice is mailed. 28. The decision reached at the CAB hearing to suspend or revoke a permit m4Y become effective immediately. 29. Any applicant whose permit is'revoked under this regulation the expiration of may not reapply for another permit until one year from the date, of revocation. 30. The above regulations will go into effect immediately upon City of Ithaca. their adoption by the Common Council of the be for the remainder of All applicable fees will prorated the 1982 Season. 7/7/82