HomeMy WebLinkAboutMN-CC-1986-04-02�"R_
-.r
-uDlic Hearing
^gular Meeting
_ RESENT:
Gutenberger
.lderpersons (10)
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
6: 30 P.M.
8 :00 P.M.
April 2, 1986
- Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Lytel., Peterson, Romanowski, Schlather
';?THERS PRESENT:
i-� Attorney - Nash
:ity Clerk - Paolangeli
�1 } Controller - Spano
.'ersonnel Administrator - Best -Shaw
r° Chief - Olmstead
01.r., Planning $ Development - Van
�.nc. of Public Works - Dougherty
City Chamberlain - Parsons
t'iaiiner - Evans
-i`y Engineer - Novelli
Police Chief - Herson
Dep. Dir., Planning & Development
Cort
Mazzarella (arrived at 9 :30 p.m.)
SPECI=;L ORDER OF BUSINESS:
.ic Hearing -- Ithaca Falls Environmental Impact Stud
::_:slution To Open Public Hearing
:3y o Alderperson Peterson: Seconded
'SOLVED, That the Public Hearing
:nerital Impact Study be opened.
by Alderperson Schlather
to consider the Ithaca Falls Environ-
Carried Unanimously
Jones, planner, provided background information on the Ithaca
?� ;)roject which started in 1982 after S:--separate applications to
_ -.Lo-) 'he falls had been filed with FERC in 1981. The city's
goal was to try to stop the project, but finding that they
they filed a license application in competition with Cornell
0 �;.l-er ity and Synergies.
(,_n Sullivan, a representative of Stetson -Harza of Utica, N.Y., showed
�l:ides of the Ithaca Falls area, a layout of the proposed project,
flog; of water over the falls, etc. Helen Jones passed out question-
naires to the Council and audience regarding flow of water over the
fails. Mr. Sullivan also showed charts, graphs and diagrams regarding
•rater flow, dissolved oxygen concentration, temperatures, changes,
water quality, etc.
l.clward Brothers, Fisheries consultant, spoke to the Council regarding
the fish life in Fall Creek.
Mr. Sullivan said that the comments of the hearing will be incorporated
in;o the draft EIS, and that a final EIS will be prepared within 45
days. Ms. Jones informed the Council that a copy of the draft EIS can
be :;een in the Planning & Development Department between 8:30 a.m. and
4:70 p.m. Monday through Friday.
P-csolution To Close Public Hearing
1�lderperson Boot Secon e y alderperson 1laine
(600" P17SOLVED, That the Public Hearing to consider the Ithaca Falls
Environn«ntal. Impact Study be closed.
Carried Unanimously
PLEDGE_ OF ALLEGIANCE:
�1!yor (;iitenberger led all present in the fledge of Allegiance to the
American flag.
MOMENT OF SILENCE:
Mayor (_,uten')erger requested that all present stand for a moment of
silence for personal reflection in honor of William Chapin who gave
his life in the service of his fellow man and this community.
-2-
April 2, 1986
MINUTES:
Meetin of March 5, 1986
Al erperson Sc lather called attention to the signature of the minutes
but was told by City Clerk Paolangeli that the official copy had been
corrected.
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the meeting or March 5, 1986 be approved
as published.
Carried Unanimously
I-IJ
S ecial Meeting of March 10, 1986
By Al erperson Scllat er: Secon ed by Alderperson Peterson
RESOLVED, That the Minutes of the Special meeting of March 10, 1986
be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Guten erger requested that Item B under Unfinished and D}iscel-
laneous Business be lifted from the table and moved to the beginning
of the Budget and Administration Committee agenda.
No Council person objected.
Unfinished and Miscellaneous Business
Alderperson Hoffman informed the Council that Item A, Summary of the
Committee of the Whole, is to be handled as a resolution.
No Council person objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Pro ose C anges to Commons Rules and Regulations
Charles Schlough member of t e Commons A visor), Board, presented the
following statement:
"The following comments provide some facts about the proposed changes
on two controversial aspects:
1. Permits - A change of wording was initiated by CAB to correct a
loophole which allowed any group to monopolize prime time on the
Commons. Prime time is effectively all Saturdays April through
October.
Facts: During 1985,134 permits were issued to 70 groups.
Space for group use on popular days, Saturdays from
April through October, is limited.
The loophole allowed control by one group of about 20a
of prime time available for small groups.
The proposal adds additional 3 -day permits to the
original regulations.
2. Bicycles and Skateboards - The change to prohibit bicycles, skate-
boards and roller skates from the primary Commons was initiated by
the CAB after complaints from citizens, from letters to newspapers,
from employees of the Dept. of Public Works, from merchants and
from policemen.
Facts: Accidents with pedestrians have been happening through
ou`'
the history of the Commons.
Police state that enforcement of the new rules would be
more effective.
Bike racks have not been adequate. New racks and new
locations are planned at entrances to Commons.
Improperly parked bikes have caused damage to trees and
light poles.
Bikes have been left as obstacles in the way of handi-
capped people.
-3- April 2, 1986
. Bicyclists of all ages have been violating the rules.
. Bicycles, strollers and wheelchairs are the only vehicles
not prohibited from the Commons.
. Prohibiting bikes from the Commons would cause no greater
inconvenience for bicyclists than there is for users of
other means of transportation.
The revisions of the Commons Rules and Regulations presented to the
Common Council have been given lengthy and thoughtful consideration.
We ask for your approval. Thank you."
(460e, Disposal of City land on Floral Avenue
Its. Diana Skalwold, 222 Floral Avenue, expressed the desire to obtain
Dart of a city -owned lot on Floral Avenue adjacent to her property,
and also requested solution to a driveway running in front of her house
,.,hi.ch is unsightly, which was located there by the City. She was in-
formed that the Board of Public Works will consider her request at the
next meeting of the Streets, Facilities, Parks $ Refuse Committee.
Supt. of Public Works Dougherty advised her that she could obtain
permission to proceed in starting a garden on the property.
Board of Zoning Appeals Action
Charles Kellogg, 540 W. State Street, spoke to the Council about a
decision of the BZA granting a conditional approval to Mobil Oil Corp.
at the Board's March meeting. City Atty. Nash explained that the Board
of Zoning Appeals is a quasi- judicial body which hears evidence and
makes decisions based upon the evidence, applying the rules of law
found in the law books. Their decision can only be reviewed in
accordance with the procedure set up which is basically a review by
court. It is not a political decision, but a judicial decision.
Petition for Change in Zoning
Martha J. Lyon, 507 Spencer Road, presented the following- petition to
the Council together with a Spencer Road Survey.
On behalf of the residents of Spencer Rd. (407 -665) and South Meadow
St. (812 -822) we respectfully petition Common Council for a change in
the zoning of this area, from R -2a to R -la. Eighty -two percent of the
owner- occupied households signed the petition presented to the Planning
i, Development Board requesting this zoning change.
The residents undertook a survey of the properties we are petitioning
to have rezoned which required a considerable time commitment and some
expense. I will cite some of our findings in support of our arguments
for rezoning. The City Planning Department is conducting its own
survey of the area and we feel their findings will confirm our own.
We wish to preserve and encourage a family neighborhood. Seventy per-
cent of the homes are owner- occupied and 76% are single family. This
is not an apartment complex neighborhood and we wish to keep it that
way. We are not opposed to development. There are several vacant
parcels in the area in question. We think development in keeping with
the neighborhood as it is currently constituted would preserve and
enhance the area.
Rezoning would prevent overdevelopment and preserve the open space
feeling we currently enjoy. This is one reason why people choose to
live in this area. There is a definite "feel" of living in a more
rural setting than you typically find in the City. Eighty -two percent
of the parcels are greater than 10,000 sq. ft. which is certainly in
(4wol keeping with R -la zoning.
Our neighborhood is a unique area geographically. It is not a typical
city block configuration. It is a linear neighborhood. The eastern
boundary is the City line, and the western boundary is commercial
property on Rt. 13. I doubt there are many areas in the City where
R -1 adjoins Commercial. Because of the proximity to Rt. 13 it is not
possible to have an R -2 buffer zone. We do not feel this proximity
should have a negative influence in any decision.
X;`
-4-
April 2, 1986
We feel this zoning change is vitally important to preserve our
neighborhood as we know it and to encourage development which will be
in keeping with that neighborhood. Therefore, we respectfully request
Common Council consider our rezoning petition at the earliest possible
opportunity.
Thank you"
COMMUNICATION FROM THE MAYOR:
Carl R. U e - Resolution and Plaque
Mayor Guten erger present- t e following resolution to the Council:
"WHEREAS, Firefighter Carl R. Updike has served as a firefighter for
the City of Ithaca Fire Department since 16 November 1953, and
WHEREAS, Firefighter Updike has served as a loyal and dedicated member
of the department, and
WHEREAS, Firefighter Updike has discharged his duties with diligence and
concern for his fellow firefighters and the community, and
WHEREAS, Firefighter Updike has chosen to retire from active service
effective 2 February 1986 after more than 32 years of service; now,
therefore, be it
RESOLVED, That the Board of Fire Commissioners of the City of Ithaca
Fire Department does hereby commend Firefighter Carl R. Updike for
his years of service to the City of Ithaca and wishes him an enjoyable
and well deserved retirement, and be it further
RESOLVED, That a copy of this resolution be made a part of the minutes
of the Board of Fire Commissioners of the City of Ithaca Fire Depart-
ment, and be it further
RESOLVED, That a copy of this resolution be' transmitted to the Commor
Council of the City of Ithaca for reading at their next regularly
scheduled meeting.
IN WITNESS WHEREOF, we have hereunto set the seal of the City of Ithaca
Fire Department, this 11th day of March 1986.
Signed by Howard A. Teeter
Robert Anderson
Karl Schmid"
Resolution of Common Council
By Alderperson Haine: Seconded by Alderperson Killeen
RESOLVED, That this Council join the Board of Fire Commissioners in
concurrence with their resolution and add their best wishes to Carl
Updike in his retirement.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Television Ca le Commission
Mayor Guten erger referred to his memo of March
City Clerk, Cable Commission and City Attorney
current membership of the Cable Commission arid
each term, and requested that they be approved
a part of the record:
13, 1986 to the Council,
in which he provided the
the expiration date of
by the Council and made
I'J
Curt Dunnam 7/30/86 Chris Heegard 7/30/89
Francis Welch 7/30/87 Robert Fletcher 7/30/90
Betty Burke 7/30/88
Resolution
By Al erperson Haine: Seconded by Alderperson Schlather
RESOLVED, That. the terms of office of the Television Cable Commission
are hereby approved as designated by Mayor Gutenberger.
Carried Unanimously
-5- April 2, 1986
fayol• Gutenberger recommended that the Commission elect its own
chairman at the beginning of the year.
Discussion followed concerning the policies governing a commission.
CITY ATTORNEY'S REPORT:
Stone Hall
City Atty. Nash reported that the Stone Hall decision was reached by
Judge Doran in Albany the previous week. An order has been signed by
Dim continuing the preliminary injunction. Atty. Nash anticipates an
appeal will be filed soon but has not yet received appeal papers. He
also anticipates an expedited appeal process will be requested with
which the city will concur. If we don't get an expedited appeal
process the case may not be argued before September.
Cornell Heights Case
i_ity- Atty. Nash reported that the city has been advised this.past week
by the Court of Appeals that they are not going to consider an expedited
appeal in that case and they directed Cornell University to file their
appeal papers within 60 days, so it will probably be late summer or
early fall before the case will be argued in the Court of Appeals.
Acquisition of Property
City Atty. Nash reported that in connection with acquiring property
for bikeway and substitute park lands, a couple of property owners
►-� have responded on the bikeway acquisition that they are not at this
point going to consider voluntary sale to the city of those rights.
He advised the Council that they may have to resort to their power
of eminent domain if they want the rights. This would require a
resolution from Council authorizing him to take the legal action.
Regarding the substitute park lands, the initial response is that
people are interested in selling the property to the city and he
doesn't anticipate problems at this point.
Request for Rezoning of Spencer Road
With respect to the petition for a change of zoning of Spencer Road
City Atty. Nash referred to Section 83 of General City Law: "Whenever
the owners of 500 or more of the frontage in any district or part
thereof shall present a petition duly signed and acknowledged to the
Common Council requesting an amendment, supplement change or appeal of
regulations prescribed for such district or part thereof, it shall be
the duty of Council to vote upon said petition within 90 days after
filing of the same by the petitioners with the Secretary of the Council.
If, however, a protest against a proposed amendment, supplement repeal
or change be presented duly signed and acknowledged by the owners of
20.0 or more of the area of land included in such change or by owners
of 20% or more of the area of land immediately adjacent, or by the
owners of 20a or more of the area of land directly opposite thereto
from the street frontage of such opposite land such amendment shall
not be passed except by a three - fourth's vote."
Executive Session
City Atty. Nash requested an Executive Session following the regular
meeting to discuss further developments in the case involving city
employees and the toxic waste disposal.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Planning and Development Board
Liaison Cummings read the following resolution by the Planning Board
re. ?Mediation - House Craft Builders "Treetops" Proposal /Neighborhood
Residents:
"IvIIEREAS, house Craft Builders has requested approval for a subdivision
on Spencer Road consisting of twelve (12) structures with twenty -four
(24) dwelling units known as "Treetops," and
WHEREAS, certain questions have been raised by the surrounding resi-
dential neighborhood concerning the Treetops proposal, and
MIEREAS, the developer and the neighborhood are investigating the
possibility of resolving the issues raised through mediated negotiations,
and
M
April 2, 1986
WHEREAS, the use of negotiations allow the developer and the neighbor-
hood to retain control over the outcome of the approval process; now,
therefore, be it
RESOLVED, That the Planning and Development Board hereby endorse the
negotiations now being undertaken by IIouse Craft Builders and the
neighborhood's representatives."
Ms. Cummings reported that the developers have agreed to a postpone-
ment of the complex process of review, of the subdivision review
process, and of the Environmental Review decision.
Ms. Cummings presented the following memorandum from the Planning and
Development Board which is a request for referral to the proper Council
committee:
"Committee Chair Cookingham and member Blumenthal met March 20th to
review items on the March Board meeting agenda. Out of discussion of
the Treetops subdivision proposal came strong agreement with the con-
clusion reached by others involved in this review, that substantial
revision seems needed in the city's procedures and regulations for
project review and approval. A draft time line comparing the processes
involved in the Treetops review offers strong, if not conclusive,
evidence that much confusion and conflict can result when two or more
reviews must be conducted on the same action; in turn this may result
in unnecessary costs, legal problems or worse.
The problems with existing regulations and procedures may be grouped
under three general headings:
Priority determining which of the regulations called into play
by a proposal should be the primary control
Schedule adjusting conflicting deadlines, etc.
Coordination insuring that multiple reviews are processed smoothly
and as expeditiously as possible, and that all agencies'
involved are aware of the situation and need for
cooperation
An example of the problems present under the existing situation is that
city environmental review regulations were drafted without reference
to other city regulations then in effect; their lack of reference to
the specifics of application to such actions as proposed subdivisions
has meant that staff and agencies have had to feel their way haltingly
through the respective regulations, and to correlate them by such un-
tested, unapproved means as the time line mentioned. Conversely, the
subdivision regulations make no specific provision for the environ-
mental review process.
Among possible ways to improve this situation are (1) sequential inter-
weaving of the steps of each process applicable, and (2) requiring
substantial completion of the more basic or broadly applicable process
before proceeding to a decision point in the more project- specific
process. This time line indicates some of the complexity and difficulty
in the first; a simpler and perhaps more reasonable and fair method
would be to proceed sequentially with reviews from the genera:I to the
specific. Other jurisdictions follow this process, subjecting every
proposed action to environmental review first and only proceeding to
the next review when the environmental review outcome is determined.
The committee recommends that the Board urge Common Council to seek
and act on practicable solutions to these problems of conflicting and
overlapping review processes. The committee further recommends that
the Board volunteer its assistance in this effort, since many of the
regulations involved are planning - related."
Ms. Cummings presented the following resolution by the Planning Board
requesting that Council delay any action on a Spencer Road zoning change:
"WHEREAS, IIouse Craft Builders has requested approval for a subdivision
on Spencer Road consisting of twelve (12) structures with twenty -four
(24) dwelling units known as 'Treetops', and
-7-
3 53
April 2, 1986
WHEREAS, the Planning and Development Board has endorsed the negotia-
tions to be undertaken by the developer and the neighborhood as the
best means of resolving the issues raised about the Treetops proposal,
and
WEHREAS, the Planning and Development Board has been requested to in-
vestigate the advisability of changing the zoning from R2a to Rla
along Spencer Road, and
WHEREAS, the Board has directed staff to undertake certain studies to
evaluate the possible benefits and impacts of such a change, and
WHEREAS, the Planning and Development Board has been named by Common
Council as the lead Agency in the environmental review of the Treetops
development; now, therefore, be it
RESOLVED, That the Planning and Development Board does hereby respect-
fully request that the Council delay any action on a Spencer Road
zoning change until the Board has had an opportunity to prepare and
submit its advice to Council on this matter."
--■ Discussion followed on the floor.
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Council refer the Spencer Road request for rezoning
from R -2a to R -la to the Planning and Development Committee of Council
and the Planning and Development Board for action and report back to
Common Council with a proposed resolution, or not, at the May Common
Council meeting.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (5) - Peterson, Hoffman, Booth, Romanowski, Schlather
(Wool Nays (5) - Cummings, Dennis, Killeen, Lytel, Haine
Mayor Gutenberger broke the tie by voting Aye.
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
Water Plant Operator Trainee
Resolution To Lift Resolution from Table
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That Agenda Item B of XIX Unfinished and Miscellaneous
Business be lifted from the table and acted upon.
Carried Unanimously
Resolution
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1986 Authorized Personnel Roster of the Water and
Sewer Department be increased by 1 Water Plant Operator Trainee
position, as requested by the Board of Public Works.
City Engineer Novelli responded to questions from the Council regarding
the position.
WHEREAS, the Charter and Ordinance Committee in cooperation with the
Commons Advisory Board has conducted a public hearing in connection
with these rule changes, and
A vote on the resolution resulted as
follows:
Carried
Unanimously
(boveCHARTER
AND ORDINANCE COMMITTEE:
Amendments to t e It aca Commons Manual
and Related
Documents
By Alderperson Schlat er: Seconded
y Al erperson
Boot
WIIEREAS, the Commons Advisory Board
has recommended
certain compre-
hensive amendments to the Operations
Manual for the
Ithaca Commons,
and
WHEREAS, the Charter and Ordinance Committee in cooperation with the
Commons Advisory Board has conducted a public hearing in connection
with these rule changes, and
3.
April 2, 1986
WHEREAS, after the public hearing as aforesaid, and after further
discussion, modification and amendments the Charter and Ordinance
Committee has finally recommended the amendment of Commons Operation
Manual to read in the manner set forth as attached hereto; therefore,
be it
RESOLVED, That pursuant to Section 70.3 of the City of Ithaca Municipal
Code the Common Council does herewith amend the Operations Manual for
the Ithaca Commons to read as set forth and attached to this resolution.*
Amending Resolution
By Alderperson Lytel: Seconded
read, , "No user
RESOLVED, That the Common
will be permitted to reserve a location on the Commons for more than
5 events in any calendar year, a single event being defined as being
limited to 4 consecutive days in duration.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes
Nays
(4)
(6)
- Peterson, Hoffman, Lytel, Schlather
- Booth, Cummings, Dennis, Haine, Killeen, Romanowski
Motion Defeated
Discussion
followed on the main motion.
A vote on
the
main motion resulted
as follows:
Ayes
(7)
- Romanowski, Lytel,
Cummings, Killeen, Haine, Booth,
Dennis
Nays
(3)
- Hoffman, Peterson,
Schlather
Carried
*Copies of the Mobile Vending Cart Regulations for the Ithaca Commons.
The Operations Manual, The Application for Ithaca Commons Use Permit
and The Mayor's Commons Use Permit Application are filed in the NJ
Official Minute Book in the Clerk's Office.
Ali Ordinance Amending Chapter 70 Entitled "Ithaca Commons Rules"
of the City of Ithaca N11unici al Code
By Alderperson Schlather: Seconded by Alderperson Romanowski
ORDINANCE NO. 86-
AN ORDINANCE AMENDING CHAPTER 70 ENTITLED "ITHACA COMMONS RULES"
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 Section 70.6 entitled "Bicycles, etc." of Chapter
70 entitled "Ithaca Commons Rules" of the City of It aca Municipal
Code be and the same is hereby amended to read as follows:
"S 70.6 Bicycles_, etc.
Riding of bicycles, roller skates, skate boards and similar wheeled
devices is prohibited on the Primary Commons. [Bicycles may be walked
to the storage racks provided for that purpose.] No bicycles, tricyc
or unicycles may be walked, ridden, or located on tie Primary Commons
Wheelchairs, baby carriages, and similar devices intended for the
convenience and comfort of handicapped persons or infants are per-
mitted on the Primary Commons. [Amd. Ord. #81 -6; 12/2/81.]"
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in S 3.11
(B) of the Ithaca City Charter.
Amending Resolution
By Al erperson Cummings: Seconded by Alderperson Booth
RESOLVED, That Section 2. of the ordinance shall. react, "This ordinance
shall take effect June 1, 1986."
r�
-9- April 2, 1986
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (6) - Romanowski, Cummings, Haine, Dennis, Booth, Killeen
Nays (4) - Schlather, Lytel, Hoffman, Peterson
Carried
Further discussion followed on the main motion.
A vote on the main motion as amended resulted as follows:
(600,11 Ayes (6) - Romanowski, Cummings, Dennis, Haine, Booth, Killeen
Nays (4) - Schlather, Lytel, Hoffman, Peterson
Carried
An Ordinance Adding a New "Section 70.18 Amplified Sound" to Chapter
70 Entitled "Ithaca Commons Rules" of the City of Ithaca Municipal
Code
By Alderperson Schlather: Seconded by Alderperson Booth
ORDINANCE NO. 86-
AN ORDINANCE AMENDING CHAPTER 70 ENTITLED "ITHACA COMMONS RULES"
OF THE CITY OF ITHACA MUNICIPAL CODE.
�..r BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That a new Section 70.18 to be known and designated as
"Section 70.18 Amplified Sound" be and the same is hereby added to
the City of Ithaca Municipal Code under Article II, Chapter 70
entitled "Ithaca Commons Rules" to read as follows:
"Except by special permit issued by the Commons Advisory Board, no
person shall operate or cause to be operatee -6h the Ithaca Commons
(400" any boom box, tape recorder, radio or other device for electronic
sound amplification in a loud, annoying or offensive manner such that
noise from the device interferes with conversation or with the comfort,
repose, health or safety of others within any building or at a distance
of 25 feet or greater.
This prohibition shall not apply to emergency warning devices, sirens,
alarms or other devices being used solely for public safety purposes."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
S 3.11(B) of the Ithaca City Charter.
A vote on the resolution resulted as follows:
Carried Unanimously
A Local Law Amending Article II of the City of Ithaca Charter (Section
2.10 "City Prosecutor: Authority and Duties"
By Alderperson Schlather: Seconded by Alderperson Romanowski
LOCAL LAW NO. OF THE YEAR 1986
CITY OF ITHACA
A LOCAL LAW AMENDING ARTICLE II OF THE CITY OF ITHACA CHARTER
SECTION 2.10 ENTITLED "CITY PROSECUTOR: AUTHORITY AND DUTIES."
BE IT ENACTED by the Common Council of the City of Ithaca, New
York as follows:
SECTION 1. That ARTICLE II of the City of Ithaca Charter, Section
2.10 entitled "CITY PROSECUTOR: AUTHORITY AND DUTIES" be, and the
same is, hereby amended to read as follows:
S 2.10 CITY PROSECUTOR: AUTHORITY AND DUTIES
"The mayor shall select a city prosecutor. The compensation of
the city prosecutor and terms of payment shall be fixed by the
-10- April 2, 1986
common council. The common council shall pay the city prosecutor
all disbursements or expenses which the city prosecutor may legally
incur in behalf of the city and which may be incurred under the
direction of the common council or mayor or any board or officer,
as provided by this charter. [The city prosecutor shall not be
considered an officer of the city within the meaning of the New York
State Public Officers Law.] The city prosecutor must be a resident
of Tompkins County, New York wit is her principal place of usiness
in the City of Ithaca, New York. It is not necessary that the city
prosecutor be a resident of the City of Ithaca.
The city prosecutor: shall conduct all prosecutions for crimes and
offenses cognizable by the City Court of Ithaca, except [such crimes
and offenses as it may be the duty of the district attorney to prose-
cute,] felonies and such misdemeanors as the district attorney chooses
to prosecute, Including violations of ordinances of the City of Ithaca,
prosecutions of crimes and offenses upon the complaint of all depart-
ments and officers of the City of Ithaca, and prosecutions for violations
of rules duly promulgated by the various boards and departments of the
City of Ithaca."
SECTION 2. EFFECTIVE DATE.
This Local Lai,: shall take effect immediately after filing in the
office of the Secretary of State.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
A Local Law Amending Article II of the Cit
2.9 ''City Attorney: Authority and Duties"
of Ithaca Charter (Section
By Alderperson Schlather: Seconded by Alderperson
LOCAL LAW NO. _ OF THE YEAR 1986
CITY OF ITHACA
Booth
A LOCAL LAN AMENDING ARTICLE II OF THE CITY OF ITHACA CHARTER
SECTION 2.9 ENTITLED "CITY ATTORNEY: AUTHORITY AND DUTIES."
BE IT ENACTED by the Common Council of the City of Ithaca, New York
as follows:
SECTION 1. That ARTICLE II of the City of Ithaca Charter, Section
2.9 entitled "CITY ATTORNEY: AUTHORITY AND DUTIES" be, and the same
is, hereby amended to read as follows:
S 2.9 CITY ATTORNEY: AUTHORITY AND DUTIES
"The mayor shall select a city attorney. The compensation of the
city attorney and terms of payment shall be fixed by the common
council. The common council shall pay the city attorney all disburse-
ments or expenses which the city attorney may legally incur in behalf
of the city and which may be incurred under the direction of the
common council or mayor or any board or officer, as provided by this
charter. [The c=ity attorney shall not be considered an officer of
the city within the meaning of the New York State Public Officers Late.]
The cif attorney must be a resident of Tompkins County, New York
hnith his her principal place of business in the City of Ithaca, New
York. It is not necessary that.._ tie city attorney e a resident of the
City of It aca.
The city attorney: shall prosecute and defend the actions and
proceedings by and against the city and every department thereof;
shall be the official legal advisor of the mayor, the common council,
the boards and other officers of the city; shall, when required,
prepare all legal papers, contracts, deeds and other instruments for
the city and the different departments thereof; shall attend the
meetings of the common council and of the board of public works, shall,
when requested by the Board of Public Works, attend to all of the pro-
ceedings under this charter, in relation to improvements, local or
otherwise, and conduct the same in a legal manner;
-11- April 2, 1986
shall pass upon the legality of all bills or claims presented to the
common council or the board of public works which may be presented
to the city attorney for that purpose; and shall perform such other
and professional services relating to the city as the mayor or common
council shall direct. It shall be the duty of the city attorney to
appear in behalf of the people in proceedings before the city judge
whenever in the judgment of the mayor or a majority of members of the
common council or board of public works the interests of the city
require it. If the city attorney certifies to the common council that
there is need for the assistance of additional counsel on questions or
matters submitted to the city attorney, or if in the judgment of the
mayor other or additional counsel should be employed, the common council
may authorize the mayor to employ counsel thereon; and except upon such
authorization the city attorney shall be the sole attorney and counselor
of the city and of its various boards and departments. Whenever any
papers in any proceeding or action, by which the city is affected, shall
be served upon any officer of the city, such officer shall forthwith
deliver the same to the city attorney, who shall thereupon take such
action in the matter as shall be necessary to protect the interests of
the city until the next meeting of the Common Council, when the city
�. attorney shall report thereon concerning such proceedings and make
recommendations therein. The city attorney shall keep a record or
register of all suits and proceedings in which the city attorney is
involved as city attorney. The city attorney shall have power to
authorize any attorney to temporarily appear for the city attorney, in
`- case of absence or illness, for and in behalf of the city in any suit
or proceeding. All costs of actions and proceedings, when the city is
a party shall belong to the city, or when collected shall be paid to
the city chamberlain and be credited to and form a part of the contingent
fund. Upon termination of service the city attorney shall deliver to
the successor city attorney, as soon as engaged, the record or register
of all suits and proceedings in which the city or any of its departments
may be a party, to the end that a suitable order may be entered making
the substitution."
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately after filing in the
office of the Secretary of State.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
Fire Department Enclosure in Tax Bill
By Alderperson Dennis: Secon e y Alderperson Killeen
WHEREAS, the City of Ithaca Fire Department has requested permission
to enclose an informational flyer with the second installment of the
1986 City Tax bills, and
WHEREAS, it is necessary for Common Council to approve all enclosures;
now, therefore, be it
RESOLVED, That this Common Council authorizes the enclosure of the
City of Ithaca Fire Department's informational flyer with the second
installment of the 1986 City of Ithaca Tax bills.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLZ�ED, That the bills presented, as listed on Audit Abstract #6/1986, in the total amount of $1.8,551.00, be approved for payment.
Carried Unanimously
Office Manager Position
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, Ms. Joyce Day received a contingent promotion appointment to
the position of Office Manager in the Finance Department on November 11,
1985, and
WHEREAS, Ms. Joyce Day has successfully passed the required Civil
Service testing, with a number one ranking on the Eligibility List and
is qualified to fill the position of Office Manager; now, therefore,
he it
.r.r
-12- April 2, 1986
RESOLVED, That Ms. Joyce Day be permanently promoted to the position
of Office Manager in the Finance Department, with an annual salary
of $18,865, effective April 7, 1986.
Carried Unanimously
Princi al Account Clerk
By Al erperson Dennis: Seconded by Alderperson Hoffman
WHEREAS, Ms. Connie Nelson, the incumbent Senior Account Clerk, has
passed the required Civil Service testing and is qualified to fill
the position of Principal Account Clerk in the Finance Department left
vacant by the promotion of Ms. Joyce Day to Office Manager; now,
therefore, be it
RESOLVED, That Ms. Connie Nelson be permanently promoted to the positi
of Principal Account Clerk in the Finance Department, with an annual
salary of $13,303, effective April 7, 1986, and be it further
RESOLVED, That the 1986 Personnel Roster of the Finance Department be
amended by eliminating one (1) Senior Account Clerk position.
Carried Unanimously
Management Employee Compensation
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That management employees not covered by a formal contract
be granted a 5% increase over their 1985 salary for 1986, effective
with the first pay period of 1986, and be it further -
RESOLVED, That 1987 salaries for these positions will be fixed by a
Merit Performance Evaluation System, either formal or informal.
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Haine
RESOLVED That the resolution read 512o instead of 50; and that the
second paragraph of the resolution read: "be it further RESOLVED,
That 1987 salary adjustments for these positions will be fixed by a
formal Merit Performance Evaluation System to be devised by the Human
Services Committee and approved by the Common Council before November
1986."
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (2) - Cummings, Haine
Nays (8) - Booth, Dennis, Hoffman, Killeen, Lytel, Peterson,
Romanowski, Schlather
Motion Defeated
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Haine
RESOLVED, That the resolution read 52o instead of 50.
A vote on the amendment resulted as follows:
Ayes (2) - Cummings, Haine
Nays (8) - Booth, Dennis, Roffman, Killeen, Lytel, Peterson,
Romanowski, Schlather
Motion Defeated
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Haine
RESOLVED, That the second paragraph of the resolution read: "be it
further RESOLVED, That 1987 salary adjustments for these positions
will be fixed by a formal Merit Performance Evaluation System to be
devised by the Human Services Committee and approved by the Common
Council before November, 1986."
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (6) - Roffman, Peterson, Lytel, Cummings, Haine, Killeen
Nays (4) - Romanowski, Schlather, Booth, Dennis
Carried
-13-
Amending Resolution
By Alderperson Booth
RESOLVED, That the second paragraph.of the
"be it further RESOLVED, That employees in
evaluated by the end of each year pursuant
System, which system shall be proposed for
Human Services Committee.
April 2, 19859
resolution shall read:
these positions will be
to a Merit Evaluation
Council approval by the
The amending resolution failed for lack of a second.
A vote on the main motion as amended resulted as follows:
Ayes (S) - Peterson, Hoffman, Lytel, Cummings, Haine
we Nays (S) - Schlather, Romanowski, Booth, Dennis_, Killeen
Mayor Gutenberger broke the tie by voting Aye.
Carried
Funding for Stewart Park Design Development Drawings
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, the New York State Council on the Arts has awarded $6,500 to
the City for preparation of Design Development Drawings for Stewart
C) Park, and
(T)
(I) WHEREAS, a $15,000 allocation by the City has been recommended to be
CO3 used as a match for the New York State Council on the Arts Grant;
En note-, therefore, be it
< RESOLVED, That the $15,000 allocation by the City be funded from the
Capital Improvements Reserve No. 25, and be it further
RESOLVED, That the $15,000 City allocation and the $6,500 New York
State Council on the Arts Grant be placed in the Stewart Park Improve-
ments Capital Project No. 199 for preparation of Design Development
Drawings.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Lytel, Cummings, Haine, Dennis, Killeen, Peterson
Nays (4) - Hoffman, Schlather, Booth, Romanowski
Carried
Youth Bureau Facility Alternates
By Alderperson Dennis: Seconded by Alderperson Booth
WHEREAS, this Common Council, on November 6, 1985, approved a total
authorization of $1,415,847 for the new Youth Bureau Facility, and
WHEREAS, this authorization did not include certain alternates which
had been recommended by the Board of Public Works, and
WHEREAS, the Budget and Administration Committee has again reviewed
these alternates and recommends that they be included; now, therefore,
be it
RESOLVED, That this Common Council approves the inclusion of the
following alternates to the new Youth Bureau Facility:
Elevator
Staff Lounge Casework
Finished Floor - Multi
Sliding Wood Doors
Caretaker's Apartment
Entrance Canopy
Sub -total
S% Contingency
Total
and be it further
Purpose Room
$ 25,700
4,069
10,800
32, 200
14,449
34,179
$121, 337
6,070
$127
RESOLVED, That the project authorization be increased by $127,467,
thereby bringing total authorization for this project to $1,543,314,
and be it further
1160 -14- April 2, 1986
RESOLVED, That this Common Council authorizes the additional $127,467
to be financed from Bond Anticipation Notes.
Amending Resolution
By Alderperson Haine: Seconded by Alderperson Schlather
RESOLVED, That the item "Entrance Canopy" in the amount of $34,179
be deleted from the alternates.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (4) - Romanowski, Peterson, Haine, Schlather
Nays (6) - Lytel, Cummings, Killeen, Dennis, Booth, Hoffman
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (6) - Lytel, Cummings, Killeen, Dennis, Booth, Hoffman
Nays (4) - Romanowski, Peterson, Haine, Schlather
Carried
Tax Reform Act of 1985
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, on December 17, 1.985, the United States House of Representa-
tives passed the Tax Reform Act of 1985 (H.R. 3838). The enactment
of this legislation imposes severe new restrictions on the ability of
local governments to finance their capital programs and temporary cash
flow needs on a tax exempt basis. additionally, this legislation would
seek to eliminate the "arbitrage" profits that are presently available
to municipalities, thereby drastically increasing the cost of borrowing
for governmental purposes; now, therefore, be it
RESOLVED, That the Ithaca City Common Council does herewith strongly
urge the U.S. Senate to enact alternate less restrictive legislation
which would permit municipalities to realistically issue tax exempt
indebtedness to finance governmental functions and economic developmen
in a cost effective manner, and be it further
RESOLVED, That the Ithaca City Clerk be, and she is, hereby directed
to furnish copies of this resolution to U.S. Senators Daniel P. Moynihan
and Alfonse D'Amato.
Amending Resolution
By Al erperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the phrase "and economic development" be struck from
the first RESOLVED paragraph.
Ayes (2) - Hoffman, Booth
Nays (8) - Haine, Dennis, Cummings, Lytel, Peterson, Killeen,
Romanowski, Schlather
Motion Defeated
A vote on the main motion resulted as follows:
Carried Unanimously
I, in_a_ncc_D_epartm_ent Annual Report
13y 1lcicrpcison I1en►iis: Seconded b\- Alderperson Killeen
RESOLVED, That this Common Council acknowledges the receipt of the.
1985 Finance Department Annual Report.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Cherry Street Industrial-Pail Lease
By Alderperson Cummings: Seco— need —by Alderperson Haine
WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Disposition
Procedure, the Ithaca Urban Renewal Agency /Community Development Agency
has followed an accepted method of solicitation of sponsors for tenancy
in the Cherry Street Industrial. Park, and
-is-
April 2, 19 &��1
WHEREAS, in response to said solicitation, Nova_rr Mi_llworking and Con-
struction has proposed to acquire 1.5 acres in the park for construc-
tion of new facilities, and
WHEREAS, the qualifications of the above respondent for tenancy in the
park have been examined by the IURA /CDA per Section 1(c) of the Land
Disposition Procedure and found to be acceptable, and
WHEREAS, said firm has been declared an eligible and preferred sponsor
by the IURA /CDA, and
IV�IEREAS, the terms of the proposed lease agreement for the land in the
park have been reviewed; now, therefore, be it
RESOLVED, That Common Council concurs with the designation of Novarr-
Mackesey Millworking and Construction as a preferred sponsor for tenancy
in the Cherry Street Industrial Park, and be it further
RESOLVED, That preliminary approval of the proposed lease agreement is
hereby given and be it further
RESOLVED, That a joint IURA /Common Council Public Hearing on final
(1 approval of this lease be scheduled for the May 7, 1986 meeting of
Common Council following due notice.
Discussion followed on the floor.
M
<1: A vote on the resolution resulted as follows:
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Human Services City Funding/Revenue Sharing Criteria
By Alderperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, the City of Ithaca will consider appropriating a portion of
its 1987 Revenue Sharing funds for support of local human service
(414� agencies, and
WHEREAS, the Human Services Coalition is funded in part by the City of
Ithaca to provide an objective overview of human service needs and
provision, and to evaluate requests for City support, now, therefore,
be it
RESOLVED, That all 1987 requests for City funding from private agencies
seeking to provide non - mandated human services shall be submitted to
the Human Services Coalition for review and by their time deadlines,
and be it further
RESOLVED, That the Coalition shall report its findings to the Human
Services Committee of the Common Council by August 15, 1986, and be it
further
RESOLVED, That the following criteria shall be used by the Coalition
in its review of requests:
A -1. The applicant must complete the Human Services Coalition review
process in a timely manner.
A -2. The proposal must meet all federal revenue sharing requirements.
A -s. The applicant must also request funding from the County and /or
appropriate town(s) if more than 50 of those served by the pro-
posal are not City residents.
A -4. Applicant must submit the following materials: budgets for 1986
and 1987, financial reports for 1984 and 1985, and enumeration
of other funding sources.
B. The, Coalition shall award points for the degree to which the pro-
posal meets the following criteria, on a scale of 1 to 5, 5 being
the most desirable rating, for each criterion; if applicant does
not supply sufficient information for Coalition to make a judgment,
proposal receives zero points in each such case.
362
-16- April 2, 1986
B -1. Proposal will serve City residents in proportion to City funding
requested compared to total program budget.
B -2. The proposal will serve an identified need which does not dupli-
cate another service, with higher points allocated in proportion
to the severity of the problem in the City.
B -3. Points will be allocated in proportion to the severity of the
effect on or demand for services from City departments and /or
other human service providers if this proposal is not funded by N
the City.
B -4. The proposal is designed to effectively meet the needs of its
clients; proposal includes measurable objectives.
B -S. Applicant's agency demonstrates sound management practices.
(ex. - Review agency evaluations, audits, etc.)
B -6. Population to be served by proposal can be shown to be a popula-
tion in financial need (i.e. Federal poverty guidelines).
B -7. Agency has thoroughly sought other sources of funding.
B -8. Smaller amount requests to be favored under the point system:
$2000 or less S 6001 - 8000 = 2
2001 - 4000 = 4 8001 - 109000 = 1
4001 - 6000 = 3 over 10,000 = 0
B -9. (Agency has demonstrated extreme financial need for itself due
to increased case load or loss of funding or extreme financial
need on the part of the clients it serves - up to 3 points.)
and be it further -
RESOLVED, That the human Services Coalition 1 hall review all proposals
that meet Criteria A -1 through A -4, shall recommend whether each
request should be fully or partially funded, and shall inform the appl
cant of the Coalition's recommendation and make a copy of such report
available to the applicant.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Romanowski, Schlather, Cummings, Lytel, Hoffman,
Peterson, Maine, Booth, Killeen
Nay (1) - Dennis
Carried
City Funding /Revenue Sharing Criteria
By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, the City, working in conjunction with the Human Services
Coalition, has established a process for comprehensive review and
determination regarding requests by private agencies for City funding
for non - mandated human services, and
WIIEi:I:AS, the City receives numerous requests (nnt including those
requests received through the Ih.unall Services Coal iti.on for non - mandated
human services) from private agencies for City funding for cultural
enrichment programs, economic promotion programs, or other programs;
and the City does not have in place a procedure and criteria for con-
sidering these requests; now, therefore, be it
RESOLVED, That the Human Services Committee shall develop and propose
for Common Council approval a schedule and set of criteria for review-
ing and making determinations regarding private agency requests for
City funding for cultural enrichment programs, economic promotion
programs or other programs which the City now does not handle through
its review and decision making process involving the Human Services
Coalition.
Discussion followed on the floor.
-17- April 2, 195G3
A vote on the resolution resulted as follows:
Carried Unanimously
Liability Insurance and its Effect on City Programs
Alderpersons Peterson and Booth expressed concern about the impact of
liability insurance on the city and its services and activities and
asked if a discussion process could be arranged to talk about it.
Alderpersons Dennis and Schlather responded, saying that it has been
talked about in the Budget and Administration Committee and they have
asked Bob Briggs to do research on some of their concerns and report
back. They might have a report from him by the May Budget and Admini-
stration Committee meeting, Mayor Gutenberger suggested keeping the
entire Council informed so they can attend the meeting.
PLANNING AND DEVELOPMENT COMMITTEE:
Strand Theatre ARC Transfer
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, Common Council has reviewed Joseph Ciaschi's presentation to
the Ithaca Urban Renewal Agency /Community Development Agency and
written proposal materials regarding use of the Strand as a Performing
Arts Center, and
(T1 WHEREAS, the Strand theatre revitalization is important to downtown
(J) Ithaca, the local economy and for performances of the live arts,
CIA, particularly for local performing groups, and
WHEREAS, Mr. Ciaschi has stated that his ownership of the facility shall
< result in use of the facility for the live performing arts; now, there-
fore, be it
RESOLVED, That subject to approval by the City Attorney, and subject
to any additional conditions which may be required by the Appalachian
Regional Commission, HUD and the New York State Department of State to
effectuate the original grant requirements, the Common Council approves
the transfer of ownership and grant responsibility to Mr. Ciaschi,
applauds his efforts to revitalize this important community resource
and authorizes the Mayor to sign documents to recommend the transfer
to the Appalachian Regional Commission.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
East Hill Study and Schedule
Alderperson Cummings reported that there had been a lengthy review by
the Planning Board and the Planning and Development Committee. They
would like to be able to have final Council action on any zoning recom-
mendations or legislative recommendations in the August meeting.
Thus, final results and recommendations should go to Common Council in
May, and a call for public hearing in July.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
City/Town Fire Service Master Planning Committee
By Alderperson Killeen: Seconded y Alderperson Dennis
WHEREAS, the City /Town Fire Service Master Planning Committee, after
eighteen months of meetings and deliberations, has met its charge of
producing a set of recommendations; now, therefore, be it
RESOLVED, That the final report, including recommendations of this
Special Committee, is presented to and accepted by the Common Council
for its consideration and action, and be it further
RESOLVED, That the final report be referred to the Human Services
Committee, and be it further
RESOLVED, That the Mayor be, and he is, hereby requested to promptly
appoint a negotiating committee to begin negotiations with the Town
of Ithaca and thereafter with Cornell University and Ithaca College
as recommended in this report.
Carried Unanimously
e4
-18-
April 2, 1986
Alternate Side Parking Committee
Al erperson Killeen reported that the newly constituted Alternate Side
Parking Committee has been studying the issue and has been inspired by
the East Hill Study and Mr. Mazzarella where alternate side parking
recommendations is an important concern in that neighborhood and in
other parts of the city. The committee is meeting April 8 at 7:30 p.m.
in the Conference Room. Caroyn Peterson and Dick Booth have agreed
to serve on the committee, as well as Don Slattery and Marc Albanese
of the Board of Public Works.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Summary of Meeting of Committee of t e Whole
By Al erperson Schlather: Seconded by Al erperson Hoffman
RESOLVED, That the following summary of the February 17, 1.986 Committe_
of the Whole meeting of Common Council is approved:
Summary of Meeting of Committee of the Whole
An unofficial meeting of the Committee of the Whole, called by Mayor
Gutenberger, occurred on February 17, 1986 and was attended by all
members of Council. At that meeting, the Mayor outlined a proposal to
which he and County Board Chair Mari- Call had agreed, for the reloca-
tion of the County Department of Social Services to City Hall.
Under the proposal, the City would agree to sell City Hall and its
Annex (and the land they occupy) to a third party for at least
5600,000 contingent upon the third party guaranteeing a long -term lease
to DSS. If the composite federal and state reimbursement rate for
functions of the DSS should change from its present level of 71 %, the
local impact of such a change would be shared - 65% by the City and 350
by the County.
The Mayor requested that the Committee of the Whole take a vote on this
proposal, so that the County Board could consider the concept at its
February 18 meeting.
Schlather moved to amend the proposal by deleting the requirement that
the City assume any share of the local impact of any change in the
reimbursement rate. The motion died for lack of a second.
A second amendment moved by Alderperson Hoffman that proposed a change
in the local coverage of lost reimbursement to 35% City, 65o County
was defeated, 5 -6:
Ayes (5) - Schlather, Romanowski, Booth, Hoffman, Peterson
Nays (6) - Lytel, Cummings, Killeen, Dennis, Haine, Gutenberger
The Committee of the Whole then voted 8 -2 in favor of the Mayor's
proposal (Schlather and Romanowski dissenting solely because of the
City coverage of lost reimbursement requirement).
The Committee of the Whole was unanimous in its desire to retain the
DSS in downtown Ithaca.
Carried Unanimously
NEW BUSINESS:
I[angar TTieatre
Alderperson Dennis inquired about the status of the Hangar Theatre
whi_cl: is $4,000 short of its goal., and was told the theatre would
raise the money.
ADJOURNMENT:
Tie Regular session adjourned at 12:05 a.m. at which time the Council
adjourned into Executive session.
Callista F. Paolangel(', City Clerk
Date
I'<<e date and location must be approved by the Commons Coordinator prior to the Mayor's
review.
Applicant's full name:
Applicant's home address:
Organization applicant represents:
Address of Organization:
Full Description of Event Proposed: Date
Work
Phone
ome
Phone
ne No.
From: AM /PM To: AM /Pl4
Number of People Involved: Equipment to be used:
If you or your organization have had one or more Commons Permit in the past 12 months,
describe everts and dates :
If leaflets are to be distributed, a copy must be attached. (See 11 on back)
PERMITS FOR THE FOLLOWING ACTIVITIES ITUST BE APPROVED BY THE MAYOR OR THE MAYOR'S DESIGNEE
)F THE CIT'? OF ITHACA, NE�•i YORK: PARADES AIND MARCHES, ALL TYPES. DEMONSTRATIONS,
PROTESTS AND PETITIONS. POLITICAL MEETINGS OR RALLIES. RELIGIOUS MEETINGS OR RALLIES.
BLOCK PARTIES AND STREET DANCES
will be permiitted to reserve a location on the Commons for more than three
even s, in any calendar year. ik sing e event is def> ned as being T � �
R -°- - g > it d to not more than
en co s c;, ; _ e
_ da s ii.ratiocl. Adc' i r zl Y i is n b`e ranced�dependent on the
e ailabll its of time and space. An anolication for�an aca,iitionalYyermit mayNe made no
more t an4410 days in advance oresired data for a ermi���ofµuwto three consecuEive`ays
_ .. ,. �..._ �...., K.....,. ,..�,_..�........�,,,_....,p...
I, the undersigned applicant, do understand and agree to abide by the Commons Rules and
Regulations as follows:
1. The permit holder hereby covenants and agrees to save the City harmless from all cost
including legal defense cost, by reason of the activities carried out under this
permit and to keep all obstructions and displays fully and properly guarded, lighted
and protected at all times.
2. Permit holder will operate within an assigned area and will not obstruct fire or
pedestrian lanes, or doorways to buildings.
3. r_t tc° .- caclusion of I.his ;; activity' the permiti
_ l 1 1 c ^.r'.OV2 all equipment- and 1 i r.tel:
bar the
111• No peters sign or flyer Will- be attached to any tree, pole, post, wall or other
street furniture on the Commons or adjacent area. (Any kind of tape used leaves
resid,ae which collects dirt.)
5. Amplified sound is generally discouraged but, if used, will be kept low and will be
subject to immediate reduction when complaints are received and /or requested by any
city official.
6. Vehicles will not be permitted on the Commons except in unusal circumstances. When.
such circumstances are present, the permit holder will not operate the vehicle in
reverse gear unless; a flagman is present to protect pedestrians and will not allow
vehicles to stand unattended in fire lanes. Precautionary measures must be taken to
prevent staining of the concrete or brick pavement with oil, transmission fluid or
other fluids. A protective mat is required under all vehicles displayed on the
Commons.
7. The permittee will be responsible for cleaning and repairing any damage or staining
caused by the permitte's activities. Failure to comply with this provision shall
result in the city's taking necessary action to restore the Commons to its prior
condition. In such cases, the city shall bill the permittee for the cost of such
repairing and /or cleaning.
8. In circumstances where exceptional cost for cleaning or repairs is anticipated by the
Superintendent of Public Works, a performance bond will be required.,"*- o�w^hen_
required, proof must be shown that liability insurance hr been obtained.
9. If Commons electrical outlets are to be used in conjunction with a permit, a fee will
be charged. All fees must be paid at the time permit is issued.
a. Non- profit organization: $5.00 per day per outlet, $25.00 per day all Commons
outlets.
b. For - profit organization: $10.00 per day per outlet, $50.00 per day all Commons 1J
outlets.
10. This permit is subject to all related rules and regulations of the city, to the same
extent as if herein written in full. Included are nos. 11, 12, 13.
11.E Hawking, harrassin� amassers -bb, litteri�.accostinc eople and otherwise diisruptin,�
the natural flow of pedestrian traffic shall be prohibited.
12* Noveson shall post, throw, or scatter advertising matter of any kind on the
Commons.
13.E Any permit which has been reviewed and approved bathe Commons Advisory Board may be
re_ yo zJ—®r amen e y said Board or its designated representative if it is determined
that the activit or � icri er
fTie mit was issud�is not being carried out in a
manner that meets t e terms o the permit.
USE PERMITS MUST BE ON THE SITE AT ALL TIMES, IMMEDIATELY AVAILABLE UPON INQUIRY BY ANY
CITY REPRESENTATIVE.
Applicant's Signature:
Sworn to before me this
Notary Public
COMMONS COORDINATOR'S ACTION:
- Scheduling and location approved:
A- Remarks
_ Fee:
MAYOR'S ACTION:
day of
Fee Paid:
Application approved and permission granted: _
!•._.-plicati,,, ;. approved and permission der:i e(i: - -- - - — -
Mayor's Signature Date
Date
19
After Mayor approves permit, permittee must then go to the Engineer's office located in
City hall to obtain an orange card permit that must be displayed during the activity on
the Commons.
19,
It is also necessary for the permittee to notify the Commons Coordinator of the proposed
event to prevent duplication of events at the same location on the Commons and to have the
Commons coordinator initial approval before submission for review by the Mayor.
3/86
ITHACA COMMONS ADVISORY BOARD
OPERATIONS MANUAL
PREAMBLE
1
The Ithaca Commons is a unique facility which carries with it a unique opportunity to bring life and
vitality to Ithaca's downtown. It is important that the Commons become much more than an attractive
;ommercial center; it must also be a gathering place and a community focal point where a wide variety
f events and activities are permitted and encouraged to occur.
activities which are conducted on the Commons should contribute to the health and well -being of the
ommunity and be compatible with the aesthetic and social quality of the space.
&'he overall spirit should be festive and busy but there should also be room for those seeking quiet
conversation or relaxation. This is a place designed to be well used by the people of our community;
the Commons Advisory Board should act so as to further this objective.
The purpose of this Manual is to provide general direction and consistency for Advisory Board
Aerations and to set forth, at the outset, some basic considerations and procedures relative to use of
'he Commons area. It is intended to be a guideline, not a law; it should be changed as necessary to
respond to experience, current needs, and attitudes.
March 7, 1975
Revised:
March 14, 1975
July, 1978
July, 1979
April, 198-1
"� , larch, 19 0
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ITHACA COMMONS A M BOARD
OPERATIONS MANUAL
SECTION 1. DEFINITIONS
A. Ithaca Commons
"Ithaca Commons" shall mean the following described two areas:
1. Primary Commons shall mean that area of public north building property between
south side hofs he former building
lines of the north side and the � i Street and
and associated sidc�t alks of East State Street between the cast line of Ca} ug r
the west line of Aurora Street and that area of public property between the west
building lines on the cast side of North Tioga Strleegbetween the north slil the
bed and associated sidewalks
Street and the south line of Seneca Street.
Secondary Commons shall mean that area of public property between the south building
tines on the north side and the north building lines on the south
h side the 10 Welt
200
blocks of East Green Street, the 300 block of East State Street,
State Street, the 100 and 200 block of East Seneca Street; and the public property d the
between the east building lines on the west side
Street, the e100 block oft Soutlil An t
Aurora
side of the 100 and 200 blocks of North Au
Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and
the 100 block of North Cayuga Street.
B. Tax Benefit District
That area designated by Board of Public Works resolution on March 24, 1974, and including the
Commons as defined above.
SECTION H. ADMINISTRATION
A. Operations
dvisory Board will function in accordance with the follow provisions:
The Ithaca Commons A
1. Board Duties
a. "To establish a procedure and guidelines for the issuance of permits for use af, ar,d
activities on, the Commons. n.1i f ied in
b. To review and act on those matters upon «hick it is authorized to act, as sp
this Operations Manual.
c. To cooperate with City of Ithaca officials, interested community organizations such as
the Downtown Ithaca Business Association and the Chamber of Commerce, and others
as to provide a coordinated, aesthetic
pleasing. and smoothly functioning n_^d^striarj
area.
d. To receive and expend money and prepare budgets.
e. To carry out such other duties and responsibilities as may be assigned by the Mayor or
Common Council and to make such other recommendations to the Mayor and Council, to
other public boards and officials, and to other groups or individuals as may be
appropriate relative to the operation and administration of the Commons and the
Commons Advisory Board.
2. itlembers
a. There will be eleven members..... one representative from Common Council, one
representative from the Board of Public Works, four representatives from the Tax
-' CS
fror;: :iutside the Tax Bencfit llis*.r'•_t (�r'
Benefit District, 'and f i�c represent',itr,
large).
t. Board members .ill be appointed b, the N1a�or «ith Camr,ion Counci{ appro.
fc r
staggered two -year terms.
1:7
3
3. Officers
The Advisory Board will have two officers, a Chairman and Vice - Chairman, to be elected at
the First regular meeting of each calendar year at which there is a quorum present.
Nominations for these officers will be made from official members only and will be from
the floor with election by a majority of those Official members present at the meeting.
4. Officers' Duties
The Chairman will preside at meetings and have such other appropriate duties as may be
assigned by the Board. The Vice - Chairman shall assist the Chairman and preside at
meetings in the Chairman's absence. If both Chairman and Vice - Chairman are absent an
acting Chairman will be selected by the Board.
5. Quorum
A quorum will consist of six Official Members.
6. :Action
Action may be taken by vote with a quorum of six Official members present at a regular or
special meeting. The Chairman will be a voting member on all actions.
7. ;Meetings
Regular public meetings will be held with place and time to be determined by the Board.
Special meetings may be called at any time by the Chairman or a majority of all Official
members. Members will be notified of scheduled meetings by mail at least 3 days in
advance.
8. Review
The provisions of this Operations Manual will be reviewed periodically and a report
thereof, including recommendations for modification, submitted to the Mayor and Council.
Permit Procedure
In the interest of efficiency and consistency all uses and activities, for which Class C, D and E
permits are required, will be processed by the Commons Advisory Board in the following
manner:
1. All requests for such permits will be submitted, preferably on the Commons Advisory Board
application form, to the Advisory Board or a person designated by the Board to receive such
requests.
2. Requests will be reviewed by the Advisory Board at the first regular meeting following
their submission and action will generally be taken by the Board within 45 days from the
date of initial review.
3. The Advisory Board, or person designated to recei-c permit requests; may ask for additional
information or suggest a personal appearance before the Board to present details of the
request.
4. Board review of permit requests will include such things as special conditions which should
be placed on the permit, scheduling of time and location of the proposed use or activity,
length of time that permit is to be valid, and similar considerations. As a general rule,
permits will be approved for a specific activity, a sp °cific date, a specific location on the
Commons, and a specific time period.
5. In extreme circumstances, when there is not adequate time to convene the Advisory Board to
review a permit request, the Chairman may, with the concurrence of five additional Board
members, authorize the issuance of a permit, except that the Board may authorize the
Chairman alone, or a designated representative, to approve certain types of permits as
specified.
6. When a request is approved or conditionally approved by the Advisory Board, the issuance
of a permit will be authorized subject to any conditions which have been imposed by the
Board or which might be required by the City. Permits will be issued by the Superintendent
of Public Works or his designee.
7. A n , permit which has been reviewed and approved by the Advisory Board may be revoked
ur arrncnded by said Board or its designated rchresentativc if it is deterrr:ined that the
a ti.it} for v.hich this permit was issued is not being carried out in r, manner that mL;cls tl::
terms of the permit.
"i he Superintendent of Public Works will be responsible for appropriate notification of the
police and fire departments when a permit is issued.
9. If a request for a permit is denied by the Advisory Board the applicant will be informed of
the reasons thereof.
10. To the extent possible a public record of all Board actions will be maintained.
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SECTION III. RESPONSIBILITY AND CONCERN
rove or disapprove the ma
The Ithaca Co tters listed
A. Direct mmons Advisory Board will review and app
below:
1. Use of Commons for d 1productsnandf use of vlend ng P �iposes:
a. Commercial sa le of g oods or
b. Entertainment
c. Cultural, social, and civic
d. Religious
motion and city authorized solicitation
Advertising, pro
f. Educational (except education recruiting)
2. Type, size and placement of private advertising and identification signs on the Commons in
accordance with the City sign ordinance.
3. Design and placement of public identification, informational and directional signs an
graphics in the Tax Benefit District,
4. Design and placement of, and materials used in, street ne booths, tplayg playground equipment and
dining facilities, trash containers, flags, thesTa phone
District.
similar items used on public prop
5. Design, placement, and use of decorations on the Commons.
and transmission systems or
6. Installation or use of public or private sound amp Armit- -see Section I`').
equipment on the Commons (except for activities requiring a Class B p�
"NOTE: Use by veterans holding a "Soldier's License" are excluded from these provisions.
B. INDIRECT
The Ithaca Commons Advisory Board will review
in the Tax Beath t ose Districts listed below:
1. Type, placement, and amount of landscaping
2. Public lighting in the Tax Benefit District.
3. Public and private construction, renovation and rehabtl e T ox of bfil ding facades a an en
spaces (parking areas, entries, etc.) and demolition
be in terms of aesthetic character, visual effect and operational impact.
4. Public maintenance and repair in the Tax Benefit District.
5. Traffic movement, parking and delivery methods in the Tax Benefit District.
6. General maintenance of order on the Commons.
SECT ION IV- PERMITS
A. Use permit will be required for all events, activities, illbe issued in�a }cordancc commercial iththe provisi",ns
other uses of the Commons. Such use perm
of this Section. There will be 5 general classes of permits.
I. Class A: Permits for Service avid Educational Recruitment
Requests for Class A permits should be referred to, and approved directly by, Board
Superintendent of Public Works without review and approval of the Advisory
Activities and uses included in this Class are:
a. Vehicles needed for repair, construction, or service on the Commons.
b. Delivery vehicles needed on the Commons.
C. Educational recruiting by Tompkins - Cortland Community College, IIOCES, Cornell
University and Ithaca College. the
if there is a question as to w•hethma °tes
Suerintendent of Public Works may ask the Advisory Board for recommendation or
approval.
Cl.:ss B: i'ermits for Par::cltti, ��sseTnblaf;es, and ►7emonstrations •�•' � r'l1
i --
1?.cquc•sts for Class B permit s should b✓ ithrcxilsi ,.r` C it\ `rlestulations and witho „t rc\ is ",
app royal or disar�proval in accordance r
and Approval of the Advisory Board but scheduled on the Commons calendar.
Activities and uses included in this Class arc:
a. Parades and marches of all types
b. Demonstrations, protests, and petitions
c. Political meetings, ralies, or petitions
d. Religious meetings or ralies
e. Block parties and street dances.
1�va)
(40OW11
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3. Clas• C'. Permits for Nonpecuniary Community- oriented Activities
Class C permits are to be issued after review, approval with or without conditions, and
scheduling by the Advisory Board or its designee. Activities and uses will not have a money
making motive. Included in this Class are:
a. Educational (except as covered by Class A permits)
b. Entertainment
c. Cultural
d. Civic
e. Social
f. Religious (except as covered by Class B permits)
Similar activities and uses not covered by another class of permit.
4. Class D: Permits for Commercial Exhibits, Promotions, and Displays
Class D permits related to activities and uses which will not involve the direct sale of
merchandise, products, or goods on the Commons. Class D permits are to be issued after
review, approval, with or without conditions, and scheduling by the Advisory Board or its
designee. Activities and uses included in this class are:
a. Displays and exhibits (except as covered by Class C permits)
b. Advertising and promotion of commercial events, products, services, and goods.
C. Decorations of public space in conjunction with special seasons or events.
5. Class E: Permits for Fending, Soliciting and Fund Raising
Class E permits will relate to activities and uses which involve the direct sale of
merchandise, products, or goods, fund raising, and any sort of city authorized solicitation
for funds. Permits will be issued after review, approval withor without conditions and
scheduling by the Advisory Board. A use fee may be charged. See fee schedule Section
VI. -F. Activities and uses included in this class are:
a. Vending, sales, or city authorized solicitation for profit on a daily basis or for a
specific time period.
b. Vending, sales, or other fund raising activity or city authorized solicitation by a
nonprofit organization.
c. Outdoor dining and catering.
d. Vending carts.
13. Report on request for permits approved and activities scheduled will be made at the regular
meeting of the Advisory Board.
SECTION V. RESPONSIBILITY OF THE PERMIT HOLDER
1. To supervise di_plays, products, equipment, and any other r:aterial at all times if theft,
vandalism or littering is likely to be a problem.
2. To entirely remove or properly dispose of all mtcrial and equipment used in any activity at
the end of the use time.
3. To remove or properly dispose of all litter created by the permit holder's activity, use or
even t.
4. To hold the City of Ithaca free and clear of any responsibility for any materials, products,
or equipment used in any activity or event on the Commons, and for any damages,
accidents, or incidents which may occur in conjunction therewith.
5. To show proof, when required by the Commons Advisory Board, that liability insurance of
an amount to be determined by the Superintendent of Public Works has been obtained.;
6. To comply with all of the applicable conditions and guidelines as set forth by the Commons
Advisory Board and the City of Ithaca in issuing a permit.
7. To provide a performance bond covering anticpated cleaning and repair costs when so
required by the Superintendent of Public Works or Commons Advisory Board.
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SECTION VI. GUIDE' INES
The following guidelines provide a checklist of items which are either mandatory or considered
to be of importance in the operation and administration of the Commons. In formulating
proposals, those wishing to use the Commons should be guided by the considerations set forth
below. In reviewing requests for permits, and carrying out the day -to -day operation of the
Commons, actions required by City officials should also be strongly influenced by these
guidelines. The guidelines should be modified and enlarged as necessary.
A. General
1. Fire lanes are to be kept open. No exhibit or display will be permited to locate in a
fire lane.
2. Time, location, and duration of use will be assigned by the appropriate person or group
reviewing use requests. As a general rule permits will be valid for use of the assigned
space between the hour of 8 a.m. and 10 p.m.
3.' IN o user will be permitted to reserve a location on the Commons for more than three
events in any calendar year. single event is del'ined,as� eing�iimited to seven
consecutive ays duration Additional permits�zrilt�t granted dependent on the
availability of time and space. An application for an ad�donyal permit may 'oc made
no more t an 10 days in advance of esired date for a permit oup to three consecutive
days uration.
4. affle tickets shall not be sold in the Tax Benefit District but may be publiczed in the
district and sold in adjacent stores if arrangements can be made with the proprietor.
5. Rain dates will not be scheduled at the time the original permit is issued but, in case of
rain, every effort will be made to reschedule the event at the earliest appropriate time.
Reapplication for a permit will not be required.
6. There shall be no outdoor display of merchandise of any type unless a permit has been
approved by the Commons Advisory Board, in which case no sales activity shall take
place.
7. Permits to sell on the Commons will be limited to that merchandise :which is of cultural
substance and /or general community intern such as Handcrafted items, fruit, plants and
baked goods.
8. Sales of merchandise by individuals who are not part or a larger organized group xill
not be permitted.
9. Use of pavilions for limited sales and displays will be limited to merchants in the
Commons tai: benefit district and nonprofit organizations.
10. ".Bay.-kinp harrassing, passscrs -by, littering, accosting pcdplc and otherwise disrupti ;ig t1i ^w
natural flow of pedestrian traffic shall be prohibited. T
religious symbols sha���be use as part of a_continuous,�unaitenddN free stand►ng
12. "> Promo rt onal or advertising banners are not to be placed across the Commons.
13'��hre da sin Au ust can a reserve for Commons -lie "Sidewalk Sale Days" at which
time Commons merchants would be allowed to display and sell merchandise on the
14.
15.4
Ithaca oomn�� ons.
sehe u in events and activities on the Commo
people living on awn around the Com_m_on5,
he interest of "quiet time ", the Commons Advisory Board may schedule the Commons
ne month in advvance�Ior a "No e" ti ne. No ermits would be grante ►n suc
sch_edu e time period.
B. Display Mai —e s
Display panels Ideated in the three director%, towers on t1?:. (lr''.n0 Should nro,• it *'.- tlirc_
t} pcs of display space:
1. Official Commons Actiiit, Ac,nouncem ell ts
This space should be reserved for use by the Advisory
dates of events on the Commons and in the community
consideration should be given to the
Board to announce activities and
2. Public Announcements
This space should be available for general community public use. Material posted
should be of reasonable size and limited to the announcement of public events such as
local civic, artistic and cultural activities; it should not include personal messages,profit
motivated events, or political promotional material. Posters and notices to be displayed
should be received, posted, and removed by the designee of the Commons Advisory
Board. They should be dated and generally not left on display for more than two
weeks.
3. Directory
This space should be reserved for a directory of all business space located on the
Commons and should be updated periodically.
C. Design consultation
Alterations of the design, physical layout, or basic landscaping of the Commons should not
be undertaken until the architect responsible for the initial design has been given an
opportunity to comment on such alterations.
D. Sound, Light, and Electrical Equipment
1. Amplified sound of any nature should generally be discouraged but if used, sound
levels should be kept low and subject to immediate volume reduction when requested by
any city official.
2. The use of supplemental lighting, movie and slide projectors, and any other type of
electrical equipment or display should be carefully reviewed so as to minimize nuisance
or hazard conditions.
E. Display, Delivery and Repair Vehicles
1. Vehicles on the Commons should, in general, not be permitted except by Class A
permits. Vehicles should be permitted to remain on the Commons only if they are an
integral part of a display or exhibit or if extended service is necessary.
2. Any vehicle which must remain on the Commons, or is used in any activity of display,
must be able to be moved immediately.
3. Except for extreme conditions, no delivery vehicles should be permitted to drive on the
Commons for front door delivery.
4. Delivery permits should generally not exceed a 30- minute period.
5. Deliveries should be made at priods of logy pedestrian traffic.
b. if it is ncccssar\, for vchicics to operate in rcv:,rse gear N %hile on the Commons a
flagman should be provided.
7. Precautionary measures should be taken to pruvcnt di ipping of oil, transmission fluid
and other fluids on the concrete wher n vehicle is part cc].
F. F e r, s
1. A nominal fee will be charged for any permitted use of the Commons which involves
any type of' sales activity by a profit mai:ing entity.
2. No fee v:ill be charged for nonprofit activities st -h as fund raising sales by youth and
church groups, ticket sales, literature sales, or school class projects. Any item sold
should be hand crafted, home baked or locally grown. Sale of items not fitting these
descriptions may, on the determination of the Commons Advisory Board, be subject to
the fee schedule detailed below.
3. Fees will be established by the Commons Advisory Board and may be waived by said
Board, if in the best interest of the community. All fees shall be paid at the time
eermit is issued. The following schedule will be used as the basis ror A visory Board
determination:
a. Seven Dollars per day per unit of space approximately four feet by eight feet in
size allocated to organized groups of casual vendors of small items such as, but not
IlirlitCdi , h1 ,nd cr,31 tcd article, hrill-I c plants. Approx:m,-ttely 100
spaces
b_ fcn d;;lf;tr<; per day per unit of feet by twenty feet
ailoeated to otganizc(i groups of casu;ll %cndors of large items such as,but not
limited to, automohilcs, campers, boats and lawn equipment. Approximately 50
spaces.
s
c. A flat fee of twenty -five dollars each per day for the east, west and central
pavilions on the Commons. Use of the pavilions will be determined suitable for
individual or group non - mobile casual vendors displaying and /or selling items
related to outdoor living such as, but not limited to, garden or lawn furniture and
equipment, camping and sporting equipment, and building products. See also
Section VI.A.9.
re to be used in conjunction with a permit, a cc
d. When Commons electrical outlets a
will be charged.
(1) Non profit organization: Five dollars per day per outlet, Twenty -five Dollars
per day all Commons outlets.
llars per day per outlet, Fifty Dollars per da,
(2) For profit organization: Ten do
all Commons outlets.
e. Mobile vending cart fees -- seeMo lthe, use Vending erlthaca,lCommons by profit
4. The following conditions shall apply to
making groups.
cellation of a scheduled event, fees for the cancelled -vent
a. If rain should force can
will be returned.
b. Air space above a unit of space on the Commons will be limited to eight (8) feet in
height without special authorization from the Commons Advisory Board.
c. All vendors shall be subject to the overall jurisdiction of the Ithaca Commons
Coordinator as designated by the Commons Advisory Board.
d. All fees collected for the use of the Ithaca Commons should be deposited
immediately with the Controller of the City of Ithaca or a deputy.
e. It is expected that an annual budget will be submitted by the Commons Advisory
Board.
SECTION VII. OUTDOOR DINING
1. Dining area shall bt� immediately adjacent and attached to the business holding the permit.
2. -1 he dining area shall be in some way physically defined.
3. The area shall extend out from the building at a distance to conform to existing fire
and traffic flow lanes and designed so as not to impede pedestrian flo«'.
4. The dir.ir.g ayes shall not extend beyond either side of the permit holder's store! .runt.
5. The merchant shall be cotapletcly responsible for all as;r:cts of the area incl.?ctirl5
insurance, maintenance, and contro!.
6. Individual restaurants shall select their own furniture, awnings, unbrcllas etc. v.ith the
piror approval of Design Review Board and CAB.
7. The outdoor dining leasing season shall be May 1 until November I.
8. A fee shall be charged of not less than 510.00 per square foot pro -rated Cur actual tinlc
used.
9. The permit issued shall be revocable by action of the CAB.
10. The area shall be used for outdoor dining and merchandise sold shall be for human
onsumption only. Service of alcoholic beverages will require separate approval.
11. The CAB will review each applicant individually.
12. Furniture and fixtures as well as any means used to define the dining area will be
allowed only during the leased time.
13. Each applicant will be required to submit to the CAB a complete and detailed
description of furniture design and area layout.
14. CAB shall set a limit on numbers of outdoor permits granted.
I:� Any of the ?hove guildelincs are sui ject to ncgotiltinns end modifications by the
Commons Advisory sBc-1 r d.
I ne t? !I be o;? a trla! bas?`'. Prl';'r to the fol!"A. 11"
I 71st outdoor dining season
C B � ;ill re - evaluate the existing guidClines.
lr�
(6000,
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MOBILE VENDING CART REGULATIONS
FOR THE ITHACA COMMONS
1. THE CARTS AND SURROUNDINGS AREA
1. Carts shall be on wheels and easily movable by hand and shall not exceed six feet in length,
four feet in width, and ten feet in height, inclusive of umbrellas, awnings, balloons, signs, etc.
The Commons Advisory Board (CAB) may consider requests for minor alternations of these
maximum dimensions.
2. Cart signs shall not be electric or neon, nor of comparable substance and appearance, and shall
otherwise be in conformity 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 surrounding 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
DRB and the responsiveness of the applicant to them.
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.
7. 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 attention to merchandise.
9. Carts must be attended at all times by the owner or a bonafide employee.
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 order
or particulate matter into the surrounding environment.
11. LOCATIONS
11. Vendors must not block or inhibit pedestrian traffic or allow vehicular traffic to be impeded
because of their operation.
12. For reasons of public safety there are six fixed locations for mobil vending on the Ithaca
ons. Thcy 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.
F1
(c) The north entrance to the Commons adjacent to the planter across from Citizens' Sav :gs
Bank.
(d) At the intersection of the Commons s and South Cayuga Street to the south of the fire lane
between the building line an d
r b-
(e) In front of the tree grove, located of osite
rove and the trecval`io C tv No�th of thata orner.een
the tree at the Sout cast corner mit
When on occasion this locastoevacateothis locat onlandp se the t to next to the Norstar
holder wi a as e , in advance,
Bank 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 hours for mobile vendVngnctheshourb of ]0 OO.P M and and
8 001 A.M. PCart owners mu�abe
removed from the Commons between The Ithaca Festival,
petition the CAB to operate outside regular hours on special occasions; e.g.,
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;
(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 surroundings buildings.
15. A Permit to operate a mobile vending cart on the Ithaca Commons shall be issued by the CAB
for the Summer Season of April 1 through September 30, or the Winter Season of October I
ded or revoked. Vendors
through March 31. The Permit will be for one Seaso unless suspen
.
may apply to have their permits renewed each year. ` A six month season ti1it holder, r' e nn go,-
standing, may apply to have their permit extended for two months. A p lica
writing at east ays prior to expiration date of original permit and rovi there Ls no
n°
direct c on wit an u coinin seasona ermit holder. Pa ment of fee of $400.00 shall be
paid at the t ime the permit extension is granted.
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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, other health and sanitation requirements, and other appropriate
state, federal and local laws and regulations applicable to the vending business;
3
(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 permit, if granted.
The CAB may require additional pertinent information from the applicant if deemed necessary.
17. Applications for vending permits will be received and considered by the CAB or a designated
subcommittee during January for the Summer Season. No permit application for the Summer
Season will be accepted after January 31. Summer Season Permits will be issued no later than
March 15. Applications for Winter mobile vending permits will be received and considered by
the CAB or a designated subcommittee during July. No permit application for the Winter
Season will be accepted after July 31. Winter permits will be issued no later than September 15.
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 eligible
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 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.'If
there are six or less permit applications for a season the applicant may choose site desired
order of earliest crate o receipt o app tcatton. A revious ernut o er with satisfactory
performance record will be given ortor�.
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 $400.00 each to be due on April 1, June 1, and August 1 for the Summer
Season Permit. Winter Season Permits are to be paid October 1, December 1, and February 1.
All payments shall be payable on or before the first of the month in which they are due. All
payments shall be made to the Commons Office, transferred to the City Chamberlain's Office,
and deposited in the General fund of the City of Ithaca.
21. Permits to operate a mobile vending cart shall authorize the vendor to use public space at a
location and in a manner specified in the permit. The CAB shall indicate on all permits the
location and manner of operation.
22. The permit shall specify the particular products authorized to be sold, the particular cart for
(woo," which the permit is issued, and the location of operation. The permit shall be valid only when
displayed on the cart for which it was issued and only when the particular products authorized
on the permit are being offered. The CAB may consider petitions to alter permit specifications.
23. Vendors receiving permits shall:
(a) =;sccrtain and comply with all law's, ordinances, and regulations applicable to their business;
(b) Refrain from operating carts after permits expire and when tl,e permits are suspended or
revoked, and
(c) Surrender their permits promptly upon their revocation or suspension.
•
eeks after
(d) File a copy of their New York State Sales Tax Certificate with the CAB two w
their permit is granted.
hold more than one mobile vending cart permit in any
24. No person, business or corporation may cart are not transferable to another person or
given season. Permits to operate a mobile vending
entity.
25. A vendor receiving a permit shall defend, indemnify, save and hold harmless the City of Ithaca
from any and all acts of negligence arising amount the$ en or" Ouse of the Ithaca Commons an
shall be so duly insured in the minimum
V. ENFORCEMENT of the
26.
Any ermit for mobile vending may be suspended or revoked by the CAB for any
P
following causes:
(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, regulations, or laws applicable to the
holder of such a permit;
d unlawful manner or in such a way as to constitute
O Conduct of the business permitted in an
a menace to the heath and safety of the public, o
(e) Non - payment of any portion of the permit fee.
the complaint, and summoning the vendor to a
"l. Notice of proposed suspension or revocation a permit for mobile vending shall be given in
2
writing, setting forth specifically the aroun d
hearing before the CAB no sooner than ten days after the notice is mailed.
hearing to suspend or revoke a permit may become effective
28. The decision reached at the CAB
immediately.
29. Any applicant whose permit is revoked under this regulation may not reapply for another
date of revocation.
permit until the expiration of one year from the on.
30. The above regulations will go into effect immediately upon their adoption by the Common
Council of the City of Ithaca.
3/86
LEGAL NOTICE
NOTICE IS HEREBY GIVEN THAT THE COMMON COUNCIL OF THE CITY OF ITHACA,
NEW YORK, AT ITS REGULAR MEETING, NOVEMBER 1, 1978, PASSED THE FOLLOWING ORDINANCE:
ORDINANCE NO. 78 -17
AN ORDINANCE ADDING CIIAPTER 70 EN'T'ITLED "ITIIACA COMMONS RULES" TO THE CITY OF ITHACA MUNICIPAL CODE
BE IT ENACTED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF ITHACA,
NEW YORK, AS FOLLOWS:
Section 1. That a new chapter to be known and designated as Chapter 70, entitled "Ithaca
Commons Rules," is hereby added to The City of Ithaca Municipal Code to read
as follows:
CHAPTER 70
ITHACA COMMONS RULES
ARTICLE I
GENERAL PROVISIONS
ction 70.1 Title
This Chapter shall be known and may be cited as the "Ithaca Commons Rules."
Section 70.2 Purpose
The purpose of this Chapter is to regulate the use and maintenance of the Ithaca Commons so as to
promote the general welfare and public use of said area.
1
Section 70.3 Definitions
As used in this Chapter:
1. "Ithaca Commons" shall mean the following described two areas:
a. Primary Commons shall mean that area of public property between the south building lines
of the north side and the north building lines on the south side of the former bed and
associated sidewalks of East State Street between the cast line of Cayuga Street and the west
line of Aurora Street and that area of public property between the west building lines on
the east side and the east building lines on the west side of the former bed and associated
sidewalks of North Tioga Street between the north line of State Street and the south line of
Seneca Street.
b. Secondary Commons shall mean that area of public property between the south building
lines oil the north side and the north building lines on the south side of the 100 and 200
blocks of East Green Street, the 300 block of East State Street, the 100 block of West State
Street, the 100 and 200 block of East Seneca Street; and the public property between the east
building lines on the west side and the west building lines on the east side of the 100 and
200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200 block of
North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North
Cayuga Street.
2. "The Commons Advisory Board" shall mean that board duly appointed by the Mayor with
approval of the Common Council, charged with various activities and /or powers relating to the
Ithaca Commons by the Common Council.
3. "The Operations Manual" shall mean that set of rules, regulations, guidelines, and /or
procedures duly adopted as such by the Common Council, relating to the Ithaca Commons as
amended from time to time by the Commons Advisory Board and approved by Common
Council.
4. That unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the "Primary
Commons" and the "Secondary Commons" as described hereinabove.
[§ 70.3 amended, Ordinance No. 81 -6, 12/2/81.1
ARTICLE II
SPECIAL PROVISIONS
Section 70.4 Permit Required
Sales, solicitations, or organized activities as described in the Operations sed Manual, shallgbe permitted
on the Ithaca Commons only by permit duty issued after review, approval, te
Ithaca Commons Advisory Board or its designee. Duly issued Soldiers' Licenses shall not be subject to
this provision.
Section 70.5 Motor Vehicles
Operation of vehicles other than emergency vehicles and City -owned service vehicles is prohibited
on the Primary Commons, except by permit issued by the Superintendent of Public Works.
Section 70.6 Bicycles,etc.
licycles, roller skates, skate boards and similar wheeled devices are prohibited on the Primary
I :a Commons. Bicycles may be stored in racks provided for that purpose.
,d}reelchairs, baby carriages, and similar devices intended for the convenience and comfort of
handicapped persons or infants are permitted on the Primary Commons.
Section 70.7 Posting
Posting of bills or notices or the attachment of any unauthorized devices to any structures of the
Commons is prohibited. Exceptions to this regulation shall be the display boards located in the three
directory towers of the Commons. Bulletins shall be placed in such display boards by the Designated
Authority and shall be removed by such authority after a reasonable period of time, to be determined
by them.
Section 70.8 Refuse
enerated by public use of the Commons must be placed in receptacles
All refuse, rubbish and litter g
provided for that purpose.
Recessed store entrances, foyers, or other areas within the building lines shall at all times remain
the responsibility of the tenants or owners, who shall keep them in a clean and sanitary condition. 'I he
sweeping or depositing of refuse or other litter onto the Commons is not permitted.
Section 70.9 Storage
No storage of items, material or stock, etc. will be allowed anywhere on the Commons, except by
permit issued by the Superintendent of Public Works.
Section 70.10 Property Damage
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs, or flowers, or the
acing or damaging of property is prohibited. (rcf. Ithaca City Charter and Code of Ordinance
;,- 0.27).
Section 70.11 Cleaning and Repairing
All users involved with activities on the Commons shall be responsible for the cleaning and
repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure
to comply with this provision shall result in the City's taking necessary action to clean and repair t}�c
Commons and to restore it to its prior condition. In such case the City shall bill the user for the cost
of such repairing or cleaning on the Ithaca Commons, as defined in 70.3.
It is expected that a high level of maintenance will be extended to the Ithaca Commons. This
provision shall not relieve the City from perfoming normal routine, cleaning and maintenance
activities.
Section 70.12 Alcoholic Beverages
No alcoliolic beverages may be consumed on the Ithaca Commons except by permit issued by the
Common Council.
W_..�
3
Section 70.13 Animals
No animals are allowed on the Primary Commons unless they have been specifically authorized by
permit issued by the Superintendent of Public Yorks. This provision does not apply to seeing -eye dogs.
Commons residents owning animals may apply to the Commons Advisory Board for special
consideration.
Section 70.14 Fountain
No person shall climb upon or permit minors in his or her custody to climb upon the fountain
structure on the Ithaca Commons.
Section 70.15 Advisory Board
The Ithaca Commons Advisory Board will establish a permit procedure to regulate all sales, displays,
and other organized activities on the Commons, to amend that procedure as deemed necessary, and to
provide for appropriate exceptions to these Ithaca Commons Rules.
ction 70.16 Appeals
Any person or group which has been denied a permit to use the Ithaca Commons or otherwise
aggrieved by action of the CAB may appeal such decision to the Common Council of the City of
Ithaca. Such appeal shall be submitted in writing to the City Clerk within 10 days from the date of
denial. The Common Council may act to sustain the original decision or to revise it, with or without
-)nditions.
k4wrotion 70.17 Existing Ordinances
All existing ordinances of the City of Ithaca shall apply to the Ithaca Commons unless superseded
by one of the before mentioned provisions of this Ithaca Commons Ordinance.
Section 70.18 Amplified Sound
No amplified sound or public address systems are permitted except by special permit issued by the
Commons Advisory Board. No person shall operate or cause to be,-- operated on the Ithaca Commons any
boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying
or offensive manner such that noise from the device interferes with conversation or with the comfort,
repose, health or safety of others within any building or at a distance of 25 feet or greater.
This prohibition shall not apply to emergency warning devices, sirens, alarms or other devices being
used solely for public safety purposes.
Section 70.50 Violations
Any person who shall violate any provision of this Chapter shall be punished as provided in Section
,.10 of this Municipal Code.
November 20, 1978
March 1986
Section 2. This Ordinance shall take effect immediately and in accordance with
the law upon publication of a notice as provided in Section 3.11(B) of
the Ithaca City Charter.
By Authority of the Common Council
of the City of Ithaca, New York
Joseph A. Rundle 1978
City Clerk
Callista F. Paolangcli 1986
City Clerk
COMMONS ADVISORY BOARD
APPLICATION FOR ITHACA COMMONS USE PERMIT
Applicant's Name:
Applicant's Home Address:
Organization applicant represents:
Address of Organization:
or
Phone No.
Home
Phone No.
one No.
Full Description of Event Proposed: Date From: — AM /PM To
Number of People Involved:
Equipment to be Used:
I, the undersigned applicant, en uncl rsl.and and asree
Regulations as�follows:
1. Tile permit holder hereby co-.•enants and agre&S to
incil'!ding legal defense cost, by reason of t`:a a
permit and to keep all obstructions and displays
and protected at all times.
AM / p
to abide by the Commons Rule: tine
save the Gity harmless from all cost
tivitie} carried out under this
fully and properly guarded, light
2. Permit holder will operate within an assigned area and will not obstruct fire or
pedestrian lanes, or doorways to buildings.
3. At the conclusion of this activity the permittee will remove all equipment and litter
generated by the activity.
4. No poster, sign or flyer will ba attached to any tree, pole, post, w�U or other
street furniture on the Commons or adjacent area. (Any kind of tape used leaves
residue which collects dirt.)
J. l if led S011P.f? -J 1. 6 ^_:i "Cant` t'L., 'nL t �• '! 1f L!r E "'i. wi l,, be },ep. i O' ?_11 }�c'
Sl '.f Lo lml ➢edi =iE. 2P( !Ucr1''ii' .'I';`n cum-,) ,:1:. _ ?C:. T "i•'C. �. E:ili �Cl[" ri:C�1__ h'i' till
cit-.- official.
6. Vehicles will not be permitted on tilt Gor coons except in unusal circumstances. �sllen
such circumstances are present, the permit holder will:
a. Not operate the vehicle in reverse gear unless a flagman is present to protect
pedestrians and will not allow vehicles to stand unattended in fire.lanu,s.
O
6 (continued)
b. Take precautionary measures to prevent staining the concrete or brick pavement
with oil, transmission fluid or other fluids. A protective mat is required under
all vehicles displayed on the Commons.
c. Vehicles may not stand unattended in fire lanes.
7. The permit holder will be responsible for repairing any damage and cleaning any
stains caused by the permit holders activities. Failure to comply with this
provision shall result in the City taking necessary action to restore the Commons to
its prior condition. In such case, the City shall bill the permit holder for the
cost of such repairing and /or cleaning.
8. In circumstances where exceptional cost for cleaning or repairs is anticipated by the
Superintendent of Public Works, a performance bond will be required.,lLso when
repaired, proof must be shown that ,liability insurance has been obtained.
... _, _.
9. If Commons electrical outlets are to be used in conjunction with a permit, a fee will
be charged.
a. Non- profit organization: $5.00 per day per outlet, $25.00 per day all Commons
outlets.
(4borl b. For - profit organization: $10.00 per day per outlet, $50.00 per day all Commons
outlets.
10. This permit is subject to all related rules and regulations of the City, to the same
extent as if herein written in full. Included are nos. 11, 12, 13.
11.� Hawkine harrassirg passers -by, littering, accostg apeople and otherwise disrupting
the natural f ow '-T"' ed .rian trat i «c siza i e prop lasted.
12. 'kilo person Mshall . post, throw, . or scatter advertising matter of any kind on the
Ccmmons.
13. ; ).rmit which has ..b.�_ r, vie c.a andN_ot.ro. led by fire Commons Advisory Board may: be
Ti nCj or amended'bv said Board or its dc:siPnatOd ref t( E:n:ative it it is UeYteriiilne .
h, t .Ile activity for which the peralit was i ssu is not being carried out in a
mar:n r that meets Me terms of the ver.mit.
USE PERMITS MUST BE ON THE SITE AT ALL TIMES, IM'.EDIATELY AVAILABLE UPON INQUIRY BY ANY
CIT'i RERESENTATIVE.
Note: \No user will be permitted to reserve a location on the Commons for more than three
events in anTca en ar year. A sing' e ~vent its defined as being.,,imite Lo seven
consecut d a— �ysuration. A_ditionTT permits may �e granted dependent o e
avai�la_ o ,time an An app ication or an additiona pe —m—IC—may be made
no�more than 10 da s in acivarce o esire ate or a permit o up to t rei` e
L00" ___ -------
""�" "�°°
consecutive'ciays duration.�����������-���
Applicant's Signature: _ _ Dated:
* * * * * * * :t- * x * * * *
:.r:. 7 Ilpprovc' d and
AppIir.«tic:n not approver: -
�(Fee : Fee Paid:
Signcd: __ —_ Dated: ____