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Home My WebLink AboutMN-CC-2005-06-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 1, 2005 PRESENT: Mayor Peterson Alderpersons (9) Coles, Mackesey, Berry, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Community Development Director – Bohn Superintendent of Public Works – Gray EXCUSED: Alderperson Whitmore PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Coles requested that Item 15.1 - Resolution Declaring June 19, 2005, as Burmese Democracy Day, be moved up in the agenda to after Item 7 – Privilege of the Floor - Common Council and the Mayor No Council Member objected. PROCLAMATIONS/AWARDS: Mayor Peterson reported that she presented a proclamation celebrating the 90th birthday of the Ithaca Rotary Club on June 1, 2005. Mayor Peterson presented City Clerk Julie Conley Holcomb with a framed certificate in recognition of her placement on the General Code Publisher’s Honor Role for Municipal Clerks. SPECIAL ORDER OF BUSINESS: A Public Hearing on a Community Development Block Grant (CDBG) Program Amendment to Direct Surplus Funds from the West State Street/West End Rental Housing Loan Program (1996 Year #3 CDBG Activity 1.3) to the Inlet Island Promenade Project Resolution to Open Public Hearing: By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That the Public Hearing on a Community Development Block Grant (CDBG) Program Amendment to Direct Surplus Funds from the West State Street/West End Rental Housing Loan Program (1996 Year #3 CDBG Activity 1.3) to the Inlet Island Promenade Project be declared open. Alderperson Tomlan explained that this public hearing involves the redirection of CDBG funds to the Inlet Island from the loan program activity and West State Street/West End rental housing program. No one appeared to address Common Council Resolution to Close Public Hearing: By Alderperson Mackesey: Seconded by Alderperson Korherr Carried 8-0 (Alderperson Berry absent from vote) A Public Hearing on a Community Development Block Grant (CDBG) Program Amendment to Direct Unobligated Funds from the 1999 Canal Corridor Initiative (CCI) Award to the Inlet Island Promenade Project Resolution to Open Public Hearing: By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That the Public Hearing on a Community Development Block Grant (CDBG) Program Amendment to Direct Unobligated Funds from the 1999 Canal Corridor Initiative (CCI) Award to the Inlet Island Promenade Project be declared open. No one appeared to address Council. Resolution to Close Public Hearing: By Alderperson Cogan: Seconded by Alderperson Berry Carried Unanimously A Public Hearing to Consider the Adoption of an Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to Amend Zoning Districts CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B 1a, B-1b, B-2c, and B-2d to Add a Minimum Building Height Requirement of Two Stories Resolution to Open Public Hearing: By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to Amend Zoning Districts CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B 1a, B-1b, B-2c, and B-2d to Add a Minimum Building Height Requirement of Two Stories be declared open. Alderperson Tomlan explained the purpose of the proposed legislation, and noted that Common Council would consider the legislation at a future meeting. The following people addressed Council: Neil Oolie, City of Ithaca John Schroeder, City of Ithaca Cynthia Yahn, City of Ithaca Resolution to Close Public Hearing: By Alderperson Cogan: Seconded by Alderperson Berry Carried Unanimously A Public Hearing to Consider the Adoption of an Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Section 325-5, “Zoning Map,” to Change the Zoning Designation of Tax Parcels #70.-4-6 and #70.-4- 5.2 from CBD- 60 to CBD-85 and the Zoning Designation of a Portion of Tax Parcel #70.-4-4 from CBD-60 to CBD-85 Resolution to Open Public Hearing: By Alderperson Tomlan: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Section 325-5, “Zoning Map,” to Change the Zoning Designation of Tax Parcels #70.-4-6 and #70.-4- 5.2 from CBD-60 to CBD-85 and the Zoning Designation of a Portion of Tax Parcel #70.-4-4 from CBD-60 to CBD-85 be declared open. Alderperson Tomlan described the boundaries of this proposed change, and noted that Common Council would consider the legislation at a future meeting. The following people addressed Council: John Graves, City of Ithaca Jane Marcham, City of Ithaca Sarah Adams, City of Ithaca Robert Morache, City of Ithaca Gary Ferguson, Ithaca Downtown Partnership John Schroeder, City of Ithaca Jevon Garrett, City of Ithaca Mack Travis, City of Ithaca Carol Schmoock, City of Ithaca Susan Titus, City of Ithaca LeMoyne Farrell, City of Ithaca Joe Daley, City of Ithaca Ian Colgan, City of Ithaca Fay Gougakis, City of Ithaca Resolution to Close Public Hearing: By Alderperson Taylor: Seconded by Alderperson Korherr Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Disability Advisory Council Larry Roberts, Chair of the Disability Advisory Council (DAC), presented their annual report to Common Council. He highlighted the following topics included in the report: Removal of snow and ice off curb ramps during the winter ADA Compliance and special events – policy& procedure development Sidewalk Program Pedestrian Traffic Signal Upgrade Project Accessibility map of downtown core development and placement on web site Positive interaction and cooperation of many people and city departments Tompkins County Legislature Tompkins County legislator for the 1st District, Barbara Blanchard, reported to Council on the following matters: The County passed a goal statement of a zero percent tax levy increase and a corresponding reduction in the county tax rate from 7.18% to 6.72% New York State is expected to cap the local share of Medicaid expenses. New York State passed an Empire Zone bill that may allow Tompkins County to have an Empire Zone within a few years. NYS Economic Development Council awarded Michael Stamm, Tompkins County Area Development, the NYS Developer of the Year award. The prescription drug card has saved county residents $50,000.00 in prescription drug costs. She further distributed a listing of immunizations and clinics that are available from the Tompkins County Health Department. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joan Lawrence, City of Ithaca, addressed Council regarding proposed Planned Unit Development (PUD) legislation concerns for West Hill. Rebecca Elgie, City of Ithaca, invited Council to a Health Care Reform Rally on June 21, 2005. Steven Williams, City of Ithaca, addressed Council regarding support for a volunteer system for the Ithaca Fire Department and advocated for volunteerism in other city departments. Joe Wetmore, City of Ithaca, addressed Council as a business owner on The Commons about his concerns regarding the proposed Commons legislation. Maura Stephens, City of Ithaca, addressed Council regarding the Burmese Democracy Day declaration for June 19th resolution on the agenda for this meeting. Han-Lin, City of Ithaca addressed Council regarding the current situation in Burma. Aung Kyaw Myint, City of Ithaca addressed Council regarding Aung San Suu Kyi day in Ithaca. Phyllis deFano – ESL Coordinator, addressed Council in support of Burmese Democracy Day resolution. Lisa Newman, Town of Ithaca, addressed Council regarding refugee resettlement and in support of Burmese Democracy Day resolution. Guy Gerard, City of Ithaca, addressed Council regarding the City of Ithaca Water Plant public forum and ideas. Fay Gougakis, City of Ithaca, addressed Council in support of the Burmese Democracy Day resolution, CU Vet school waste disposal, downtown development, and high rents. The following people addressed Council regarding Ithaca Police Department/City Court handling of Noise Ordinance violations: Ariel Brewster Molly Henderson Caitlin O’Shea INDIVIDUAL MEMBER – FILED RESOLUTIONS: Resolution Declaring June 19, 2005, as Burmese Democracy Day By Alderperson Coles: Seconded by Alderperson Mackesey WHEREAS, for more than four decades, Burma's military junta has ruled without constitutional provisions providing any fundamental human rights; and WHEREAS, abuses by Burmese government security forces are well documented and include rape, torture, extrajudicial killings, arbitrary arrests, incommunicado detentions, infringements on citizens' privacy, forced relocations, and conscriptions of child soldiers; and WHEREAS, the ruling junta continues to detain hundreds of political prisoners, including Aung San Suu Kyi, Nobel Peace Prize laureate of 1991, who has continued to champion the causes of democracy and justice for the people of Burma, despite having been in and out of arrest and detention ever since she became the people's leader in the 1988 democracy uprisings; and WHEREAS, the current junta in Burma has been condemned: for ignoring the results of the 1990 elections that resulted in a landslide victory for Aung San Suu Kyi's National League for Democracy party; for severely restricting fundamental human rights as put forth in the UN's UNIVERSAL DECLARATION OF HUMAN RIGHTS; for abuse of its people including failure to put an end to the trafficking of women and children; and WHEREAS, the people of Ithaca and its region have a history of concern, compassion and involvement with human rights struggles around the world; and WHEREAS, we note with admiration that several members of our Ithaca community were forced to flee Burma because of their unrelenting defense of democracy; now therefore, be it RESOLVED, That the City of Ithaca's Mayor and Common Council declare June 19, 2005, the occasion of Aung San Suu Kyi's 60th birthday, BURMESE DEMOCRACY DAY in the City of Ithaca, and be it further RESOLVED, That copies of this resolution be sent to Senators Hillary Rodham Clinton and Charles Schumer as well as to Congressman Maurice Hinchey. Common Council members and Mayor Peterson expressed their support of this resolution, and thanked the many people who came out to speak in support of the resolution. A Vote on the Resolution resulted as follows: Carried Unanimously PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Korherr responded to comments made regarding the following: - alleged treatment of students by Ithaca Police Department/City Court concerning Noise Ordinance violations - Ithaca Youth Bureau Girls Sports programs and the Section 4 Lacrosse Championship - Denial of college graduation to students who were arrested concerning the Red Bud Woods parking lot case - Volunteerism at IFD and cost benefits to the City of Ithaca - Congratulations to the 2005 college graduates on Common Council and the 2005 graduating class of Ithaca High School. Alderperson Zumoff reported that the Hangar Theatre has opened for the 2005 Summer Season. Alderperson Mackesey thanked all the speakers and congratulated the Ithaca High School orchestra on their 100th anniversary; she further responded to comments made about the proposed re-zoning ordinance and division of thoughts among the public and the city. Alderperson Townsend thanked the speakers, and responded to comments made regarding noise violations. He stated the he has received numerous e-mails and phone calls regarding this issue. He feels that there is a problem that needs to be addressed, along with the need to start the prevention process. Alderperson Berry wished Alderpersons Coles, Tomlan, Taylor, and Whitmore a happy birthday, as their birthdays occurred during the month of May. She further stated that she would defer her comments regarding the zoning issue to the Planning, Neighborhood, & Economic Development Committee. She also stated that she would investigate comments made about actions of the Ithaca Police Department and implored the Mayor and Council to look into these complaints. She further announced that there would be a public forum for the 2nd Ward Democratic Committee on June 9, 2005 at 7:00 p.m. Alderperson Taylor responded to comments made regarding noise violations and stated that the Governance Committee considered the issue and didn’t feel it necessary to take further action. He further stated that he has also received many phone calls about the issue. Alderperson Tomlan thanked the speakers for coming to the public hearing regarding re-zoning, and stated that she looks forward to further discussion of the issue at the Planning Committee meeting. She further responded to comments made about noise ordinance violations and thought that warnings would be given unless aggravating conditions existed. She stated that she hopes concerns will be forwarded to the Community Police Board for investigation. Alderperson Cogan stated that he was disturbed to hear about the treatment of residents with noise violations and the track record of the use of the Noise legislation during past months. He encouraged the appropriate standing committee to review the issue further. Alderpersons Coles stated that she was disturbed by the conclusions that were being drawn about the actions of IPD/City Court without hearing the other side of the story from the Police Department in regard to noise violation concerns. CONSENT AGENDA ITEMS: City Administration: Youth Bureau - Request to Amend 2005 Youth Bureau Budget and Roster - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the Ithaca Youth Bureau has requested permission to increase the hours a Recreation Specialist in the Recreation Mainstreaming Services Program from 35 hours per week to 40 hours per week and to transfer funds within the Youth Bureau budget to cover the cost, and WHEREAS, this will enable the Youth Bureau to meet newly established New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) requirements related to fingerprinting and background checks of new employees and volunteers, and most efficiently manage the current workload; now, therefore, be it RESOLVED, That Common Council hereby amends the 2005 Youth Bureau Budget and Roster as follows: Transfer $2,067.00 from Account # A 7310-5110-1501 to Account # A 7310- 5110-1600. Increase the hours of one Recreation Specialist from 35 hours per week to 40 hours per week effective June 6, 2005. Carried Unanimously (8-0) (Alderperson Berry absent from the vote) Human Resources - Request to Re-allocate Position - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the Human Resources Department has evaluated the current responsibilities of the Working Supervisor – Sanitation position and has determined that the appropriate salary grade is 32; now, therefore, be it RESOLVED, That Common Council, pursuant to the Collective Bargaining Agreement between the City of Ithaca and CSEA DPW Unit Local 855, hereby authorizes the re- allocation of the Working Supervisor – Sanitation position from a salary grade 31 to a salary grade 32, and be it further RESOLVED, That the funds necessary for said re-allocation will be derived from existing funds in the 2005 budget and is effective retroactive to January 1, 2005. Carried Unanimously (8-0) (Alderperson Berry absent from the vote) Multiple Departments - Amendment to Personnel Rosters - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the City and CSEA mutually agreed to conduct a Classification and Compensation Study to ensure that employee titles and job descriptions are accurate and up-to-date, that the compensation plan is fair and equitable among the various City jobs, and that the City’s salaries are competitive with the external labor market, and WHEREAS, the Civil Service Commission has completed and adopted the first phase of the Study, known as the Classification phase, and WHEREAS, the adoption of the updated classifications by the Civil Service Commission requires the updating of the personnel rosters of affected departments, now, therefore, be it RESOLVED, That the Personnel Rosters of the departments listed below be amended as indicated: Building Department Add: One (1) Executive Assistant One (1) Exterior Property Maintenance Inspector One (1) Receptionist Delete: One (1) Administrative Secretary One (1) Code Enforcement Officer One (1) Clerk City Controller Add: One (1) Executive Assistant One (1) Accounts Payable Coordinator Delete: One (1) Administrative Secretary One (1) City Buyer Fire Department Add: One (1) Executive Assistant One (1) Financial Clerk PT Delete: One (1) Administrative Secretary One (1) Account Clerk-Typist PT GIAC Add: One (1) Executive Assistant One (1) GIAC Program Administrator Three (3) GIAC Program Coordinators Four (4) GIAC Program Leaders Five (5) GIAC Program Assistants One (1) Administrative Coordinator One (1) Office Assistant PT Delete: One (1) Administrative Secretary One (1) Youth and Preteen Program Administrator Two (2) Youth Program Coordinators One (1) Recreation Supervisor One (1) Youth Development Program Leader Three (3) Youth Workers Five (5) Recreation Assistants One (1) Administrative Assistant (Financial Management) One (1) Senior Typist PT Human Resources Add: One (1) Human Resources Executive Assistant Delete: One (1) Administrative Secretary Information Technology Add: One (1) Executive Assistant Delete: One (1) Administrative Secretary Mayor’s Office Add: One (1) Executive Assistant to the Mayor Delete: One (1) Administrative Assistant – Mayor’s Office Planning Department Add: One (1) Executive Assistant One (1) Geographic Information System Administrator Two (2) Planners One (1) Office Assistant Delete: One (1) Administrative Secretary One (1) Planning Systems Manager One (1) Economic Development Planner One (1) Planner II One (1) Senior Typist Police Department Add: One (1) Executive Assistant One (1) Financial Management Assistant One (1) Office Assistant One (1) Data Entry Specialist Delete: One (1) Administrative Secretary One (1) Senior Account Clerk-Typist Two (2) Senior Typists Public Works – Streets and Facilities Add: One (1) Financial Clerk One (1) Financial Management Assistant Two (2) Electrical Technicians Three (3) Working Supervisor – Building and Grounds One (1) Working Supervisor – Sign Shop Two (2) Building and Grounds Maintenance Workers Two (2) Recreation Facility Maintainers One (1) Stock Room Manager One (1) Stock Room Clerk One (1) Motor Equipment Mechanic Supervisor Six (6) Motor Equipment Mechanics One (1) Motor Equipment Mechanic Helper Seven (7) Heavy Equipment Operators Eight (8) Light Equipment Operators One (1) Sanitation Worker Public Works – Streets and Facilities – Continued Delete: One (1) Account Clerk-Typist One (1) Principal Account Clerk Two (2) Assistant City Electricians Three (3) Working Supervisors Two (2) Maintainers Four (4) Maintenance Workers One (1) Parts and Supplies Manager One (1) Storekeeper One (1) Automotive Mechanic Supervisor Six (6) Automotive Mechanics One (1) Automotive Mechanic Helper Seven (7) Motor Equipment Operators Eight (8) Truck Drivers Public Works – Superintendent’s Office Add: One (1) Executive Assistant Delete: One (1) Administrative Secretary Public Works – Water and Sewer Add: Two (2) Assistant Civil Engineers One (1) Geographic Information System Administrator One (1) Geographic Information System Map Technician One (1) Administrative Assistant One (1) Laboratory Director One (1) Watershed Coordinator One (1) Wastewater Treatment Plant Instrumentation Technician One (1) Industrial Wastewater Pretreatment Coordinator One (1) Wastewater Treatment Plant Operator/Mechanic One (1) Wastewater Treatment Plant Maintenance Coordinator One (1) Water/Wastewater Treatment Plant Mechanic One (1) Supervisor of Water and Wastewater Systems One (1) Chief Inspector of Plumbing One (1) Senior Water Meter Technician One (1) Water Meter Technician One (1) Stock Room Manager Three (3) Heavy Equipment Operators Three (3) Light Equipment Operators One (1) Administrative Coordinator One (1) Financial Clerk Public Works – Water and Sewer - Continued Delete: Two (2) Junior Engineers One (1) Engineering Systems Manager One (1) Assistant Engineering Systems Manager One (1) Senior Account Clerk One (1) Director of Laboratories One (1) Environmental Analyst One (1) Instrumentation Electrician One (1) Pretreatment Coordinator Two (2) Wastewater Treatment Plant Operators One (1) Assistant Water/Wastewater Treatment Plant Mechanic One (1) Supervisor of Water Distribution and Wastewater Collection Systems One (1) Plumbing Inspector One (1) Senior Water Meter Servicer One (1) Maintainer Three (3) Motor Equipment Operators Three (3) Truck Drivers One (1) Administrative Assistant (Financial Management) One (1) Account Clerk-Typist Youth Bureau Add: One (1) Executive Assistant One (1) Financial Management Assistant Three (3) Recreation Program Coordinators Two (2) Recreation Program Leaders One (1) Coordinator of Recreation Programs for Individuals with Disabilities Five (5) Specialist in Recreation for Individuals with Disabilities One (1) Recreation Maintenance Supervisor One (1) Recreation Facility Maintainer One (1) Youth Program Administrator One (1) Youth Program Coordinator Eleven (11) Youth Program Leaders One (1) Youth Program Assistant Youth Bureau - Continued Delete: One (1) Administrative Secretary One (1) Administrative Assistant (Financial Management) Three (3) Recreation Supervisors Two (2) Recreation Specialists One (1) Recreation Supervisor (Special Populations) Five (5) Recreation Specialist (Special Populations) One (1) Maintenance Supervisor (Recreation Facilities) One (1) Maintenance Worker One (1) Youth Development Coordinator One (1) Youth Program Coordinator (Auto) One (1) Youth Development Program Leader (Outing) Five (5) Youth Development Program Leaders Four (4) Youth Workers One (1) Educational Instructor One (1) Recreation Assistant Carried Unanimously (8-0) (Alderperson Berry absent from the vote) Establishment of Standard Workday as Required by New York State Retirement System - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, the New York State Retirement System requires that the standard workday be established for all positions in City government for the purpose of determining reportable days worked, and WHEREAS, the CSEA Classification and Compensation Study created new titles for which the standard workday, for the purpose of retirement system credit, must be established; now, therefore, be it RESOLVED, That the Common Council hereby establishes the following standard workdays for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System: Eight (8) hour workday; Forty (40) hour workweek Administrative Coordinator 1 Assistant Civil Engineer 1 Building and Grounds Maintenance Worker Building Maintenance Mechanic Chief Inspector of Plumbing Coordinator of Recreation Programs for Individuals with Disabilities Electrical Technician Executive Assistant 1 Executive Assistant to the Mayor Exterior Property Maintenance Inspector Financial Clerk Financial Management Assistant Geographic Information System Administrator 1 Geographic Information System Map Technician Geographic Information System Specialist 1 Heavy Equipment Operator Industrial Wastewater Pretreatment Coordinator Keyboard Specialist 1 Laboratory Director Light Equipment Operator Motor Equipment Mechanic Motor Equipment Mechanic Helper Motor Equipment Mechanic Supervisor Office Assistant 1 Receptionist 1 Recreation Facility Maintainer Recreation Maintenance Supervisor Recreation Program Coordinator 1 Sanitation Worker Senior Tree Trimmer Eight (8) hour workday; Forty (40) hour workweek - Continued Senior Water Meter Technician Stock Room Clerk Stock Room Manager Supervisor of Water and Wastewater Systems Wastewater Treatment Plant Instrumentation Technician Wastewater Treatment Plant Maintenance Coordinator Wastewater Treatment Plant Operator/Mechanic Watershed Coordinator Working Supervisor – Building and Grounds Working Supervisor – Sign Shop Seven (7) hour workday; Thirty-five (35) hour workweek Accounts Payable Coordinator Administrative Coordinator 2 Assistant Civil Engineer 2 Executive Assistant 2 Geographic Information System Administrator 2 Geographic Information System Specialist 2 GIAC Program Administrator GIAC Program Assistant GIAC Program Coordinator GIAC Program Leader Human Resources Executive Assistant Keyboard Specialist 2 Office Assistant 2 Planner Receptionist 2 Recreation Program Coordinator 2 Recreation Program Leader Specialist in Recreation for Individuals with Disabilities Youth Program Administrator Youth Program Assistant Youth Program Leader Seven and one-half (7.5) hour workday; Thirty-Seven and one-half (37.5) hour workweek Assistant Fiscal Manager Carried Unanimously (8-0) (Alderperson Berry absent from the vote) Request to Amend the 2005 Budget for Community Celebration Grants - Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, Tompkins County recently notified the City of $7,650 in grant funds from the County to the City for Community Celebration Funds, and WHEREAS, the $7,650 in funds would need to be disbursed to the following organizations/events/projects: Turtle Garden Celebration – 2005 $750 National Night Out – 2005 800 Juneteenth – 2005 2,000 Police Department Open House – 2005 1,200 Ithaca Youth Bureau Community Celebration – 2005 2,000 National Children’s Mental Health Week Carnival – 2005 900 now, therefore, be it RESOLVED, That Common Council hereby accepts the $7,650 in Community Celebrations Grant funds from Tompkins County and amends the 2005 Budget to account for said grants as follows: Increase Revenue Accounts: A1012-2379 County Contribution/Celebrations $5,650 A7310-2350-1200 Contribution for Youth Governments 2,000 Increase Appropriation Accounts: A1012-5435 Community Service Contracts $5,650 A7310-5450-1200 Advertising 500 A7310-5460-1200 Program Supplies 1,500 Carried Unanimously (8-0) (Alderperson Berry absent from the vote) CITY ADMINISTRATION COMMITTEE: DPW – Request to Establish Capital Project for Rehabilitation of the South Aurora Street Bridge over Six Mile Creek - Resolution By Alderperson Berry: Seconded by Alderperson Korherr WHEREAS, a Project for the rehabilitation of the South Aurora Street Bridge over Six- Mile Creek, B.I.N. 2210450, P.I.N. 375380 for $913,000 (“the Project”) is eligible for funding under Title 23 of the U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds (15% state and 5% local), and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the federal and non-federal share of the costs of Scoping, Design (Phases I- VI), Construction and Construction Inspection, now, therefore, the Common Council, duly convened does hereby, RESOLVED, That Common Council hereby approves Capital Project #486 South Aurora Street Bridge Rehabilitation over Six Mile Creek in the amount not to exceed $913,000; and be it further RESOLVED, That the Common Council hereby authorize the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Scoping, Design (Phases I-VI), Construction, and Construction Inspection for the Project or portions thereof; and be it further RESOLVED, That the Common Council recommends that the sum of $182,600 be appropriated from the General Fund (or appropriated pursuant to in-kind services) and made available to cover the cost of participation in the above phase of the Project; and be it further RESOLVED, That the Common Council recommends in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Common Council recommends that the Mayor of the City of Ithaca, of the County of Tompkins be and is hereby authorized to sign all necessary Agreement with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works be authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost to the City of Ithaca will not exceed five percent (5%) of the final approved project cost, currently estimated at $45,650 of the $913,000 authorized for this project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City of Ithaca Controller, and be it further RESOLVED, That the Common Council authorizes the Superintendent of Public Works to administer the above project, and be it further RESOLVED, That said project funds shall be derived from the issuance of Serial Bonds with later repayment by Federal and State aid for 95% of the project, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously Human Resources Department – Safety Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the City of Ithaca’s most valuable resource is its employees, who through the work they perform, make the City of Ithaca a great place to live, and WHEREAS, it is this work that is performed, often varied and complex, that emphasizes the need to pay close attention to safety. Common Council will continue to affirm that safety of the workforce is a number one priority. Without this workforce, those priorities of the citizenship would not be possible to accomplish, and WHEREAS, yearly, employees sustain work related accidents and injuries, resulting in costly economic loss to the employee and the City. These losses result in: hundreds of thousands of dollars in direct and indirect operating costs, loss of productivity, added strain to an already limited workforce, decreased morale and increase in insurance costs and premiums. Accidents and injuries are preventable, and manageable. Health and safety must be a mandated performance standard, and WHEREAS, health and safety is the responsibility of each employee, and WHEREAS, it is City management’s responsibility to clearly communicate that health and safety is a number one priority, it is also City management’s responsibility to ensure and enforce the health and safety standards as prescribed by state and federal regulations, now, therefore, be it RESOLVED, That Common Council of the City of Ithaca affirms its strong support for the health and safety of all City employees, and also affirms that the health and safety is a number one priority of City operations, and be it further RESOLVED, That the City of Ithaca calls upon the employees of all City departments and agencies, holding them responsible and accountable for their own and Other employee’s health and safety, and be it further RESOLVED, That the Common Council and the City of Ithaca calls upon all City department and agencies management to up hold and enforce all health and safety regulatory standards and City related polices, and be it further RESOLVED, That the Common Council and the City of Ithaca resolves to adopt as part of its budgetary goals, a yearly reduction in the number of work related accidents, injuries, and lost time days, and be it further RESOLVED, That Common Council and the City of Ithaca adopt the eight (8) principles of workplace safety: Safety is an Ethical Responsibility Safety is a Culture Not a Program Employees Must Be Trained to Work Safely Safety is a Condition of Employment All Injuries Are Preventable Identify, Investigate and Correct Workplace Hazards Safety is Good Business Management is Responsible for Implementing the Safety Program and be it further RESOLVED, That Common Council, and the City of Ithaca clearly communicate this resolution to all City departments, agencies and employees the affirmation that safety is a number one priority. Carried Unanimously COMMUNITY SERVICES COMMITTEE: An Ordinance Amending Chapter 232. Entitled “Licensing of Businesses & Occupations” of the City of Ithaca Municipal Code Regarding Taxi Cab Rates By Alderperson Korherr: Seconded by Alderperson Taylor ORDINANCE 05- ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 232-70 entitled “Rates”, and the Taxicab Zones and Rates Schedule is hereby amended as follows: Zone Charges – One Passenger Departure Zone 1 2 3 4 5 6 1 4.60 5.10 5.10 5.10 5.60 5.60 2 5.10 4.60 5.10 5.10 5.60 5.60 3 5.10 5.10 4.60 5.10 5.10 5.10 4 5.10 5.10 5.10 4.60 5.10 5.10 5 5.60 5.60 5.10 5.10 4.60 5.10 6 5.60 5.60 5.10 5.10 5.10 4.60 Section 2. Late night surcharges. Section 232-70 B (5) is hereby amended to read as follows: “A taxicab driver may charge an additional $0.50 per passenger for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m.” Section 3. SEVERABILITY. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Section 5. SUNSET. This Ordinance shall sunset on September 30, 2005. Carried Unanimously GOVERNANCE COMMITTEE: An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code Entitled “Garbage and Refuse” By Alderperson Mackesey: Seconded by Alderperson Zumoff WHEREAS Section 196-4 of the City Code requires that empty waste containers must be removed from the curb, sidewalk, or street “as soon as possible after trash collection by the Department and in any event, on the same day as collection.” However, a different, provision, Section 178-3(B) of the Code requires that tight-fitting lids shall be placed back on all garbage containers “within 24 hours after scheduled garbage pick- up”, and WHEREAS when the Common Council of the City of Ithaca enacted the latter provision on September 1, 2004 by Ordinance No. 15 of 2004, the rationale behind the 24 hour grace period for replacing lids on trash cans was to give people the same opportunity to replace lids on trash cans as they have for retrieving the cans from the curb after scheduled garbage collection, and WHEREAS Section 178-3(B) further provides that “….Any garbage remaining after scheduled pickup must be removed from curbside within 24 hours.” WHEREAS in view of these discrepancies the City of Ithaca Common Council wishes to amend Section 178-3(B) of the City of Ithaca Municipal Code entitled “Standards for grounds and exterior maintenance” to make the same consistent with the provisions of Chapter 196 entitled “Garbage and Refuse”, BE IT NOW ORDAINED AND ENACTED that Section 178-3(B) of the City of Ithaca Municipal Code entitled “Standards for grounds and exterior property” is hereby amended as follows:- ORDINANCE NO. _______ OF 2005 Section 1. § 178-3. Standards for grounds and exterior property. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that: A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for 48 hours, is removed. B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight. Garbage containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers within 24 hours after scheduled garbage pickup as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside within 24 hours as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards, or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage can is garbage. C. Solid waste, other than garbage stored in proper containers and in the locations described above, and other than recyclable materials stored in accordance with § 178- 3K below, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Reusable household discards may be placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days. Section 2 SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3 EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Mackesey explained inconsistency between the Exterior Maintenance Ordinance and the Garbage and Ruse Ordinance and that that the intent of this legislation is to make both sections of the city code consistent. A Vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210 Entitled “Housing Standards”, Section 43-F(3) By Alderperson Mackesey: Seconded by Alderperson Korherr WHEREAS, on January 29, 2003 Common Council adopted Ordinance 03-02 which added subsection (3) to Section 210-43 (D), that read as follows: “D. The fee for a certificate of compliance shall be based on the following: (3) Home owners wishing to procure a Certificate of Compliance for their house for purposes of selling the building will be assessed a service charge of $100 for a single family owner-occupied home and $150 for a two family owner-occupied dwelling. Fees for such service include filing fee, housing inspection fee, an electrical survey and a “defects removed” letter from the City’s Electrical Inspection Bureau.“ and WHEREAS, Section 210-43(D) was later renumbered as Section 210-43(F) by Ordinance 03-12 and WHEREAS, this amended language has not been effective for the Building Department, and WHEREAS, This language was never formally incorporated in the City of Ithaca Municipal Code, now therefore ORDINANCE 05-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 210-43F(3) of the City of Ithaca Municipal Code entitled “Fee for a Certificate of Compliance” is hereby repealed in its entirety. Section 2: This Ordinance shall take effect immediately upon publication. City Clerk Holcomb explained that the City Code was amended before this ordinance was published in the code. The Building Commission has stated that this fee structure is not being used, and wishes to remove this ordinance from the record. Questions were asked regarding the fee structure that could not be answered by the staff members in attendance. Motion to Refer: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That the proposed amendment to Chapter 210 of the City of Ithaca Municipal Code Entitled “Housing Standards” be referred back to the Governance Committee pending further information from the Building Commissioner. Ayes (6) Mackesey, Coles, Townsend, Tomlan, Cogan, Berry Nays (3) Zumoff, Taylor, Korherr Abstentions (0) Carried An Ordinance to Amend Chapter 336 of the City of Ithaca Municipal Code Entitled “Parks and Recreation” By Alderperson Mackesey: Seconded by Alderperson Taylor ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Chapter 336 of the City of Ithaca Municipal Code is hereby amended to read as follows: ARTICLE I, General Provisions § 336-1. Use of parks restricted to recreational purposes. A. No person shall make any use whatsoever of any public park or other natural area for an event described below for purposes other than recreation without first obtaining a permit from the Superintendent of Public Works or his/her authorized agent. A permit is required for events which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. without obtaining prior written consent from the Superintendent of Public Works or his/her authorized agent. The authorized agent for issuing permits for the use of Cass Park shall be the Ithaca Youth Bureau. B. When considering a permit application, the issuing agent shall consider the following factors: 1.) The anticipated number of participants 2.) Whether the activity is scheduled to occur regardless of weather conditions 3.) Whether the activity would interfere with the enjoyment of the park by others 4.) Whether the activity would have an impact on the surrounding area 5.) Whether available utilities are suitable for the needs of the event 6.) Whether there would be a potential of damage to city property due to the anticipated use of the park 7.) Whether the intended use of the park is appropriate for the size and location of the space C. General Liability Insurance shall be required in an amount to be determined by the issuing agent for activities that include any of the following: 1.) A risk that participants or attendees could be injured based on the nature of the activity 2.) Sale or consumption of alcoholic beverages 3.) Potential damage to city property A security deposit may be required in cases where the issuing agent determines that a certificate of insurance is either not adequate, or not appropriate. D. The Board of Public Works shall establish permit fees and insurance requirements including policy limits. E. If an application for the use of a park or natural area is denied by the issuing agent, applicants may appeal the decision to the Board of Public Works. § 336-2. Food concessions. No person shall sell, vend or otherwise dispense food or drink for pay on any park area without first obtaining a vending permit or concession agreement from the Superintendent of Public Works, or his/her authorized agent., or an agreement from the Board of Public Works to operate a concession at the particular park., except that f Fraternal, service, political and other similar organizations may obtain permission from the Superintendent of Public Works to hold picnics or barbecues for which a charge for the meal may be made. However, solicitations for the sale of tickets shall not be made of the public enjoying the use of the park or at the entrance to the park. § 336-3. Amusement concessions. No person shall operate any amusement device on any park area without first obtaining an agreement from the Board Superintendent of Public Works to operate a concession at the particular park. This shall apply to boat rides based at any park. § 336-4. Riding animals or operating vehicles restricted. [Amended 8-12-1992] No person shall drive any motorized vehicle, except wheelchairs and scooters used for people with mobility impairments, or ride a horse or other animal on the lawn or grass areas of any park. § 336-5. Boats. A. Generally. No person shall launch, moor or tie any boat from or to any parklands except in the properly designated areas and under the existing rules pertaining to the particular park. B. Abandoned boats. Boats abandoned on city property shall be delivered to the Police Department for disposition. C. Mooring in unauthorized areas. Boats moored in unauthorized areas of the waters within the city limits adjacent to or on city property shall be delivered to the Police Department for disposition. § 336-6. Newman Golf Course. A. Rates and Rules. The rates and rules for play at the Newman Golf Course shall be as established by resolution of the Board of Public Works. [Amended 8-12-1992] B. Local rules. (1) On weekends between 9:00 a.m. and 5:30 p.m., only foursomes shall be allowed. (2) Slow players shall invite faster matches following to play through. (3) Fivesomes are not allowed at any time. (4) Turf and divots shall be replaced. (5) No bottles shall be permitted on the course. (6) There shall be no cutting in on No. 5 without specific permission from the professional. (7) Juniors under the age of 15 shall be accompanied by a player 18 years of age or older. (a) Juniors through 12 years of age shall be permitted to play on weekdays, Monday through Friday, excluding holidays, from opening time until 1:00 p.m. (b) Juniors age 13 through 17 shall be permitted to play on weekdays, Monday through Friday, excluding holidays, at all times. (c) Juniors, regardless of age, shall be permitted to play each weekend and on all holidays starting at 4:00 p.m. if accompanied by a player 18 years of age or older. C.B. Opening and closing dates. The golf course shall be open for business not earlier than April 1 nor later than November 15 on or such dates as the Superintendent shall determine. § 336-7. Trash Policy The city parks operate under a “carry-in and carry-out” trash policy. Users of the parks are expected to remove any materials they bring with them into the parks. § 336-7. City swimming pools. The city's swimming pools shall be closed during the time when lifeguards are off-duty, and signs to this effect shall be posted warning others that they use such pools during such intervals at their own risk. § 336-8. Closing and opening times for public parks. All public parks in the City of Ithaca shall be closed to the public at 10:00 p.m. daily, with the exception of scheduled facilities or permitted events. The Superintendent of Public Works shall erect signs in all public parks in the city indicating the established closing time. All public parks shall open at 5:00 a.m. Permits for exemptions to this provision shall be issued by the Superintendent of Public Works or his/her authorized agent. § 336-9. Snowmobiles. No person shall operate or cause to be operated any snowmobile in any public park in the City of Ithaca. ARTICLE II, Stewart Park § 336-10. Boundaries. Stewart Park shall include Newman Municipal Golf Course and all property now or hereafter owned by the city within the area bounded and described as follows: Beginning at the intersection of North Cayuga Street and Fall Creek; running thence northwesterly down Fall Creek to its mouth; thence north to the north city line; thence east along the north city line to the west line of Lake Road; thence south along the west line of Lake Road to the northwest line of State Route 13; thence southwesterly along the northwesterly line of State Route 13 to the west line of North Cayuga Street; thence south along the west line of North Cayuga Street to Fall Creek, to the place of beginning, excepting therefrom non-city-owned property within the above-described area and also excepting land lying within the right-of-way lines of North Cayuga Street. § 336-11. Dogs. [Amended 5-3-1995 by Ord. No. 95-7] No dogs shall be permitted in the park. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. with the exception of licensed dogs assisting the disabled. Exception to this prohibition is by permit only which may be granted by the Board of Superintendent of Public Works or his/her authorized agent. § 336-12. Horses. [Amended 5-3-1995 by Ord. No. 95-7] No saddle horses shall be permitted at any time in the park. except upon roads and parking places, and they shall be ridden, driven or led at a pace not faster than a walk. Exception to this prohibition is by permit only which may be granted by the Board Superintendent of Public Works or his/her authorized agent. § - 336-13. (Reserved) § 336-14. Trucks. No trucks except panel or larger than a standard pickup trucks shall be permitted in the park except for necessary service to or in the park. § 336-15. Motor vehicles. A. Operation and speed regulated. No person shall ride, drive or cause to be propelled any vehicle in the park at a greater rate of speed than 10 miles an hour nor on or over any path, lawn, flowerbed or other improvement. B. Parking. No vehicle shall be parked or left standing at any place in the park except at duly designated parking places. C. No motor vehicles will be allowed on any grassy area within the park at any time without a permit which may be granted by the Board of Public Works. This prohibition shall not apply to vehicles owned and operated by the City of Ithaca. [Added 5-3-1995 by Ord. No. 95-7] § 336-16 through 336-17. (Reserved) § 336-18. Closing of park. The Board of Public Works, when necessary for the public welfare or for the improvement of the park or any portion thereof, may close the park or a portion thereof by posting proper signs at the entrance thereto or at the part to be closed. § 336-19. Boats. [Amended 5-3-1995 by Ord. No. 95-7] Except in the event of an emergency, no motorboat shall land at the beach in the park, nor shall any motorboat approach close to any such beach. § 336-20. Property damage. No person shall pick any flower or damage any planting of grass, shrubbery, trees or otherwise or damage any building or other improvement in the park. § 336-21. Selling and soliciting. No person shall sell or offer for sale any article or thing in the park, and n No person shall solicit in the park for any purpose whatsoever without obtaining a permit from the Superintendent of Public Works or his/her authorized agent. The provisions of this section shall not apply to persons holding concessions in the park authorized by the Board of Public Works, within the provisions of their concessions. The provisions of this section shall not apply to fraternal, service, political and other organizations selling tickets for picnics or barbecues to persons coming to the park especially for that purpose. However, solicitations for the sale of tickets cannot be made from the public enjoying the use of the park or at the entrance to the park. § 336-22. Firearms. No person shall carry, transport or possess any firearm of any nature in the park, but this section shall not apply to duly constituted peace officers. Limited use of archery equipment, supervised as part of a program provided by the Ithaca Youth Bureau shall be exempt from this provision. § 336-23. Fires. [Amended 5-3-1995 by Ord. No. 95-7] No fires shall be started or maintained at any point in the park except at duly constituted fireplaces. Exception to this prohibition is by permit only which may be granted by the Board Superintendent of Public Works or his/her authorized agent after notification to and approval by the Fire Chief.iEN ARTICLE III, Penalties § 336-24. Penalties for offenses. [Amended 8-12-1992] Any person who shall violate any provision of the rules and regulations contained in this chapter shall be subject to a penalty of not more than $250 or imprisonment for a term not to exceed 15 days, or both. Section 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Taylor RESOLVED, That §336-1. be amended to remove the last sentence as follows: § 336-1. Use of parks restricted to recreational purposes. A. No person shall make any use whatsoever of any public park or other natural area for an event described below for purposes other than recreation without first obtaining a permit from the Superintendent of Public Works or his/her authorized agent. A permit is required for events which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. without obtaining prior written consent from the Superintendent of Public Works or his/her authorized agent. The authorized agent for issuing permits for the use of Cass Park shall be the Ithaca Youth Bureau. Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code Entitled “Commons” By Alderperson Mackesey: Seconded by Alderperson Zumoff ORDINANCE NO. 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The Commons Operations Manual, Appendix Chapter A352 is hereby repealed. Section 2. Chapter 157, Entitled “Commons” of the City of Ithaca Municipal Code is hereby amended to read as follows: ARTICLE I, Commons Advisory Board § 157-1. Title. This chapter shall be known and may be cited as the "Ithaca Commons Rules." § 157-2. Purpose. The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area. § 157-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD -- That board, duly appointed by the Mayor with approval of the Common Council, charged with various activities and/or powers relating to the Ithaca Commons by the Common Council. ITHACA COMMONS: A. The following described two areas: (1) PRIMARY COMMONS -- That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of State Street and the south line of Seneca Street. (2) SECONDARY COMMONS -- That area of public property between the south building lines on the north side and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East State Street, the 100 block of West State Street and the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side and the west building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North Cayuga Street. B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the Secondary Commons as described above. ITHACA DOWNTOWN PARTNERSHIP: A not-for-profit business improvement league who engages in the following program areas for downtown Ithaca: Business Retention and Development; Promotions and Marketing; Government Relations; Image Marketing. NEWSRACKS: Any self-service or coin operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications. OPERATIONS MANUAL – 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 Common Council. STANDARD CANOPY -- A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard canopy is one that is constructed so that it cannot be retracted. Such standard canopy may only project from the face of the structure upon which it is mounted four feet from the face of the structure and be no taller than four feet. The standard canopy must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard canopy of eight feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. [Added 8-5-1998 by Ord. No. 98-20] STANDARD AWNING -- A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard awning must be capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached. Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted more than four feet from the face of the structure and be no taller than four feet. The standard awning must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard awning of seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. [Added 8-5-1998 by Ord. No. 98- 20] § 157-4. Commons Advisory Board. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of 14 members: one representative from the Common Council, one representative from the Board of Public Works, four representatives from the Ithaca Downtown Business Improvement District and five representatives from outside the Ithaca Downtown Business Improvement District (at large). The Executive Director of the Ithaca Downtown Partnership, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will be appointed by the Mayor with Common Council approval for staggered two year terms. (2) Officers. The Commons Advisory Board will have two officers, a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be made from the floor with election by a majority of those members present at the meeting. (3.) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of 8 members. (5) Action. Action may be taken by vote with a quorum of 8 members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of scheduled meetings by mail at least three days in advance. (7) Review of Ithaca Commons Rules. The provisions of this Chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons for, and scheduling of, any of the following purposes: Entertainment Cultural, social, civic, religious, and educational events Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members, authorize the issuance of a permit. The Board may authorize the Chair alone, or the City Clerk to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. [Amended 4-14-1994 by Ord. No. 94-4] (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture such as benches, outside dining facilities, trash containers, flags, kiosks, phone booths, playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (g) Other duties and responsibilities as may be assigned by the Mayor or Common Council, and to make such other recommendations to the Mayor and Council, and other public boards, officials, groups, or individuals as may be appropriate relative to the operation and administration of the Commons. 2. Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. (c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the primary and secondary Commons. (f) General maintenance of order on the Commons. (g) Placement, size, and type of Public Artwork, in any form, on and around the primary and secondary Commons. ARTICLE II Use of the Commons § 157-5. Commons Permits. A. Permit classes. Commons Use Permits will be required for all events, activities, displays, exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this section. General classes of permits that will be referred to the City Clerk or the Commons Advisory Board include: (1) Commons Use Permits including pavilion reservations, special event permits, merchant requests to display goods, and driving on the Commons. For information on Commons loading zones see Section 157-9(H). (2) Use of Amplified Sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud natured acoustical musical instruments such as drums, and horns. (3) Animals on the Commons Permits including permits for residents and businesses on the Commons. (4) External Speaker Permits for businesses on the Commons who utilize external sound systems that project on to the Commons. (5) Outdoor Dining Permits including storefront dining permits for restaurants, and Commons space permits for use by the Ithaca Downtown Partnership. (6) Mobile Vending Agreements including monthly, seasonal, and annual vending agreements. B. Permit Issuance. (1) All requests for permits must be submitted to the City Clerk’s Office. The City Clerk may ask for additional information or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of time and location of the proposed use or activity, length of time that the permit is to be valid, and special conditions that should be placed on the permit. Permits will be approved by the City Clerk or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an Appeals Board for people whose permit applications have been denied, or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the city. Permits will be issued by the City Clerk or his/her designee. The applicant will be notified of the Board’s decision within five (5) business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the City Clerk or the Commons Advisory Board may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried out in a manner that meets the terms of the permit. (6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefore in writing within five (5) business days of the decision. (7) The City Clerk will be responsible for notifying appropriate city staff of permit issuance. (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of Permit Activity. A report on requests for permits, and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board. § 157-6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise displays, products, equipment and any other material at all times. (2) To entirely remove or properly dispose of all material 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 event. (4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction therewith. (5) To show proof, when required by the City Clerk, that liability insurance in an amount to be determined based on the nature of the event 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 security deposit, when required by the Superintendent of Public Works or the City Clerk, to cover anticipated cleaning and repair costs. (8) To show proof when required, of various documentation including a New York State Sales Tax Certificate, or Health Department Certificate. (9) A permit holder or vendor shall not discriminate against the people attending their event or patronizing their businesses because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. § 157-7. General Commons Rules. A. The following rules apply to all uses and activities on the Commons: (1) Fire lanes are to be kept open at all times. No exhibit or item will be permitted to locate in a fire lane. (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m., and amplified sound may not start before 10:00 a.m. and may not extend beyond 10:00 p.m., without special permission by the Commons Advisory Board. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the Commons. (3) No user will be permitted to reserve a location on the Commons for more than five events in any calendar year with the exception of the Ithaca Downtown Partnership. A single event is defined as being limited to three consecutive days in duration. Applicants requesting events of a longer duration may be temporarily placed in mobile vending sites as available. (4) Rain dates will not be scheduled at the time the original permit is issued but, in case of rain, every effort will be made to reschedule the event at the earliest appropriate time. Reapplication for a permit will not be required. (5) Hawking, harassing passersby, accosting people, soliciting without a permit and otherwise disrupting the natural flow of pedestrian traffic, and ingress or egress from storefronts shall be prohibited. (6) No person shall litter or throw, scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thorough fares on the primary/secondary Commons shall not be permitted without a vending agreement. Sale of event specific, and not-for-profit bake sale items shall be allowed pursuant to approval and permit by the City Clerk and/or Commons Advisory Board. (8) No religious symbols shall be used as part of a continuous, unattended freestanding display on the Commons. (9) Promotional, advertising, banners or other materials are not to be placed across the Commons, or affixed to any pavilions or other infrastructure, except in cases where a Common’s Use Permit has been approved. (10) No person shall climb upon or permit minors in his/her custody to climb upon the fountain structure or any public art piece on the Commons. (11) No items shall be affixed or bound to any light poles, trees, plants, pavilions or other infrastructure on the Commons, except in cases where approval of the Department of Public Works or City Clerk has been granted. (12) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be allowed to display and sell merchandise on the Ithaca Commons with a Commons Use Permit approved by the Commons Advisory Board. (13) Businesses on the Primary and Secondary Commons shall be allowed to display merchandise, sandwich board signs, and planters, in the area extending 24” from the storefront, or the area between the storefront and the fire lane, whichever is less. The fire lane shall remain clear of obstructions at all times. Displays shall not extend beyond the width of the storefront, and shall not protrude beyond the 24” limit or fire lane, whichever is less. Sandwich board signs shall be no larger than 48” in height and 24” in width. Signs must be resistant to wind, and shall be constructed of wood, slate (chalkboard), plastic or metal. Multiple businesses may be featured on a sign. Planters shall be tended by the owners and dead plants must be removed. All merchandise shall be supervised, kept in a neat and orderly manner. All merchandise and signs shall be removed at the close of business each day. Anyone who places a sign, merchandise or planter in front of a storefront is required to maintain that area, keeping it free from litter and debris at all times. Failure to maintain this area will result in a revocation of the privilege to use the area for six months. § 157-8. Amplified Sound, Lights and Other Electrical Equipment. A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others within any building or at a distance of 25 feet or greater. B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall. C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00 p.m. and 10:00 p.m. Monday - Friday, and between 10:00 a.m. and 10:00 p.m. Saturday and Sunday upon approval of a noise permit by the Commons Advisory Board or its designee. Sound levels should be kept low and subject to immediate volume reduction when requested by any city official, staff member of the Ithaca Downtown Partnership, or member of the Commons Advisory Board. E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display will be carefully reviewed by the City Clerk, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard condition. § 157-9. Vehicles on the Commons. A. Vehicles are allowed on the Commons pursuant to the approval of a Commons Use permit. Permits shall be issued for use after 9:00 p.m. and before 9:00 a.m. Requests to drive a vehicle on The Commons during daytime hours require additional consideration by the City Clerk and/or the Mayor before a Commons Use Permit may be issued. B. Vehicles shall not operate at a speed greater than 5 mph, and the use of a flagger and/or hazard flashing lights is required. C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Except for businesses without rear access, delivery vehicles will not be permitted to drive on the Commons for front door delivery. Permits for delivery vehicles will only be issued for after 9:00 p.m. and before 9:00 a.m. F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete their task. G. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. H. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers. No other use of the loading zones shall be made without the express written permission of the Chief of the Police Department. § 157-10. Bicycles and other wheeled devices. A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary and Secondary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby carriages and similar devices intended for the convenience and comfort of infants or people with disabling conditions are permitted on the Commons. Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's possession while on the Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure on the main traveled portion of the sidewalk, in any such manner as to constitute a hazard to pedestrians, traffic or property. C. Bicycles may be impounded for the following reasons: (1) There is reasonable cause to believe the bicycle has been stolen; (2) There is reasonable cause to believe the bicycle has been used in the commission of a crime; (3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or (4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be a civil violation punishable by a fine of not more than $50. A second violation within three years is punishable by a fine of not more than $150 or a conditional discharge requiring not more than 40 hours of community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring not less than 25 hours of community service. § 157-11. Alcoholic beverages. No alcoholic beverages may be consumed on the Ithaca Commons except by permit approved by the Common Council. § 157-12. Animals. A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to Seeing Eye Dogs, service animals providing assistance to people with disabling conditions and police working dogs. B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only access to their premises is from the Primary Commons, may apply to the City Clerk for a special permit. Such permit shall be conditional on compliance with all City laws and ordinances pertaining to animals. C. A permit shall allow tenants and owners of premises on the Primary Commons, or the customers of businesses that require the presence of animals to perform the function of the business, to transport their animals to and from their premises. Animals shall be leashed or transported in carriers. D. The permit shall not be transferable and is revocable at any time should the permit holder fail to comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's lease or ownership of premises on the Commons or for a period of one year, whichever is shorter. The permit shall be renewable annually upon application to the City Clerk. The permit fee shall be set by the Commons Advisory Board. No more than two permits shall be issued for each residential or commercial unit. In the case of a business that requires the presence of animals to perform the function of the business, one permit shall cover the business and all of its customers. E. The Commons Advisory Board shall review each application for a business permit and shall grant such permit upon the following conditions: (1) That animals shall be limited to an area between the premises and the closest of the three primary Commons entrances (Aurora Street, Seneca Street or Cayuga Street); (2) That the permit shall be for the movement of animals to and from the business and shall not allow for the loitering of animals in the permitted area; (3) That the dog owners or other persons responsible for the dog are responsible for promptly removing any animal waste pursuant to § 164-9 of the City of Ithaca Municipal Code which is not preempted by this section; and (4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for the cleaning of any animal urine or feces that is deposited in the permit area. F. Animals that are included in a venue during a special event scheduled on the Commons are allowed subject to the approval of a permit by the City Clerk and/or Superintendent of Public Works. § 157-13. Posting of bills and notices. A. 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 panels located in the three directory towers of the Commons. Bulletins shall be placed in such display panels by the Ithaca Downtown Partnership and shall be removed by the Ithaca Downtown Partnership after a reasonable period of time, to be determined by the Ithaca Downtown Partnership. B. The display panels shall provide three types of display space: (1) Official Commons activity announcements. This space is reserved for the use of the Ithaca Downtown Partnership to announce activities and dates of events on the Commons and in the community. (2) Public announcements. This space is 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 may not include personal messages, profit motivated events or political promotional material. Posters and notices to be displayed shall be received, posted and removed by the Ithaca Downtown Partnership. They should be dated and will not be left on display for more than two weeks. (3) Directory. This space is reserved for a directory of all business space located on the Commons and should be updated periodically by the Ithaca Downtown Partnership. C. If a request for posting a public announcement as defined in this section is not honored or is denied by the Ithaca Downtown Partnership, a letter of appeal may be forwarded to the Mayor for consideration. § 157-14. Newsracks. The Commons Advisory Board shall regulate, place, and monitor the placement of newsracks on The Commons on a routine basis in order to preserve the atmosphere and appearance of The Commons in an attractive and inviting manner. Newsracks shall be placed so that they are easily accessible to the public, but are not located within a pedestrian walkway, or areas dedicated for public art, events, outdoor dining or vending, or other uses. § 157-15. Refuse. A. All refuse, rubbish and litter generated by public use of the Commons must be placed in receptacles provided for that purpose. B. 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. The sweeping or depositing of refuse or other litter onto the Commons is not permitted. § 157-16. Storage. No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by the Superintendent of Public Works. § 157-17. Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works. § 157-18. Cleaning and repairing. All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result in the city's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such case, the city shall bill the user for the cost of such repairing or cleaning, both on the Ithaca Commons and on the surrounding business improvement district. It is expected that the same level of maintenance will be extended to the entire business improvement district as prevails for the Ithaca Commons. This provision shall not relieve the city from performing normal, routine cleaning and maintenance activities. § 157-19. Fees. A. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued. ARTICLE III, Outdoor Dining §157-20 Outdoor Dining. A. The City Clerk shall review and consider Outdoor Dining applications for food establishments on the Primary and Secondary Commons. Applications shall include the following documentation: (1) Certificate of General Liability Insurance naming the City of Ithaca as additional insured (2) Proof of Worker’s Compensation Insurance. (3) Additional Liquor Liability Insurance is required if alcohol is to be served. (4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g. trees, fire hydrants, etc.). (5) A use fee shall be submitted with the completed Outdoor Dining Application and required paperwork. B. Rules of Operation. (1) The dining area shall be adjacent to the business holding the agreement. The area may extend out from the building, but not more than five feet. The dining area shall not block fire lanes or impede pedestrian traffic flow, and shall not extend beyond the agreement holder’s storefront. (2) If alcohol is served, the dining area shall be contiguous to the establishment, physically defined, and approval from Common Council is required through the City Clerk. (3) The merchant shall be completely responsible for all aspects of the area including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from January 1 until December 31. Outdoor dining furniture may not impede the city’s efforts to remove snow and ice accumulations from the Commons. (5) Applications must be submitted and approved annually. (6) Furniture and fixtures, as well as any means used to define the dining area will be allowed only during the approved dining hours. (7) The area used is subject to periodic review by the City Clerk and the Department of Public Works. (8) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. (9) The City may terminate this agreement at any time without cause, in which case the applicant shall be reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated before expiration. (10) The City may terminate this agreement for the following causes, including but not limited to: (a) Violation of the guidelines and requirements listed above. (b) Fraud, misrepresentation or false statements in the agreement application. (c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement. (11) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (12) The Commons Advisory Board shall have the right to terminate or re- instate the agreement. Such decision shall become effective immediately. (13) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. (14) The Applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. C. The City Clerk shall be authorized to issue permits to the Ithaca Downtown Partnership for placement of tables and chairs for dining and leisure purposes on the primary Commons during warm weather season. D. Appeals for denied agreements. Any person or group that has been denied an agreement for Outdoor Dining on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk’s office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. ARTICLE IV, Mobile Vending Cart Regulations § 157-21. Location. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The City Clerk’s office shall maintain and make available to the public a map of approved vending locations. § 157-22. Hours of operation. Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts, tables, and tents must be removed from the Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain permission from the Commons Advisory Board. § 157-23. Agreements. A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile Vending Map which is approved by the Commons Advisory Board annually. The City Clerk may refuse to issue an agreement: (1) If there are no eligible vending sites available for that season. (2) To any applicant who fails to satisfy the application requirements. (3) To any applicant who violated the terms of a mobile vending agreement the previous vending season. B. Application requirements. (1) Completed applications for vending agreements with corresponding fees shall be received and considered by the City Clerk. (2) Rates for mobile vending shall be set by the Commons Advisory Board in consultation with the Board of Public Works. (3) A description of the type of merchandise to be offered for sale. (4) Price list of items being sold. (5) A description of the cart or table layout to be used. (6) Proof that the applicant has complied with the established regulations of the Tompkins County Health Department, Ithaca Fire Department and other appropriate state, federal and local laws and regulations applicable to the vending business. (7) A certificate of liability insurance naming the City of Ithaca as additional insured. (8) Proof of Worker’s Compensation or New York State Worker’s Compensation Waiver form completed (9) Applicants shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (10) A written description of waste disposal plans for trash, water, grease, and other materials. (11) Proof of 501(C)(3) Designation if applicable. (12) Copy of IFD permit for solid, liquid or gas fired cooking/heating appliances (13) The City Clerk may require additional information from the applicant if deemed necessary. (14) Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the City Clerk within 10 days of the change. C. Mobile Vending Agreements Upon receipt of a completed application, the City Clerk will draft a mobile vending agreement to be signed by the applicant. The signed agreement shall be reviewed by city staff, and once approved will be forwarded to the applicant. D. Security Deposit: A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for clean-up within a specified time period. If the site is not cleaned-up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. E. All fees are non-refundable unless the site is re-assigned to another vendor. In that case, the fees will be proportionately refunded. F. Requested Site Location. Sites are listed on the Mobile Vending Map. Site preference consideration will first be given to seasonal applicants, second to returning vendors, and then on a first come basis. If two returning seasonal vendors request the same site, the site will be awarded on a first come, first served basis. § 157-24. Vendor Responsibility. A. Vendors receiving agreements shall: (1) Comply with all laws, ordinances and regulations applicable to their business. (2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked. (3) Surrender their agreements promptly upon their revocation or suspension. (4) Display a copy of their New York State sales tax certificate on their cart. (5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the Ithaca Commons and shall be so duly insured in the minimum amount of $1,000,000.00. (6) The Vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. § 157-25. Rules of Operation. A. The following are the Mobile Vending Rules of Operation: (1) Vending sites are 10’ x 10’ in size and vendors are required to keep all of their equipment within their assigned site. On specially marked “expansion” sites, the site may expand to 20’ x 20’ in size for an increased fee. (2) Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. (3) All sites are open to retail and food vending except for the sites specifically marked NF (No food vendors). (4) Vending hours are from 10:00 am – 10:00 pm unless special permission is granted by the Commons Advisory Board. (5) Vending carts must be attended at all times. (6) Tents with one or two sides, and canopies are allowed during the summer season only, and must be removed daily. Off-season, monthly vendors require special permission from the Commons Advisory Board for the use of tents. (7) All carts, tents and canopies must be removed from the vending site at the close of business each day. (8) Food vendors must maintain the submitted food menu throughout the agreement period unless special permission is granted by the Commons Advisory Board. (9) Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. (10) Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter attached to their carts. Vendors shall be responsible for the removal of litter or trash placed in their containers. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. (11) Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. (12) No music, amplified sound, or repetitive noise may be played by the vendor that can be heard outside of the vending site. (13) If your vending site remains vacant for 3 consecutive weeks without notification to the City Clerk’s Office, it will be considered abandoned and re- assigned. (14) An additional permit for driving on the Commons is required for the purposes of loading and unloading before 9:00 am and after 9:00 pm, and is available from the City Clerk’s Office. (15) The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. (16) The City does not provide water or electric service to mobile vendors. (17) All vendors shall cooperate with City of Ithaca and Ithaca Downtown Partnership employees. § 157-26. Suspension or revocation of agreement. A. The City may terminate a mobile vending agreement at any time without cause, in which case the contractor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the CAB no sooner than 10 days after requesting such a hearing. Grounds for termination include, but are not limited to: 1. Violation of the Rules of Operation 2. Fraud, misrepresentation or false statements on the application. 3. Fraud, misrepresentation or false statements made in connection with the selling of merchandise. 4. Violation of any ordinances, regulations or laws applicable to the holder of such an agreement. 5. Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. C. The CAB shall have the right to terminate or re-instate the agreement. Such decision shall become effective immediately. D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. § 157-27. Ithaca Festival and Other Events. Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to this chapter shall exclude days on which it is expected that the Ithaca Festival or other events sponsored by the Ithaca Downtown Partnership will take place on the Ithaca Commons. A listing of these events and dates shall be maintained by the City Clerk. Vendors interested in vending during special events for an additional fee should contact the Ithaca Downtown Partnership or Ithaca Festival offices for information regarding vending requirements. § 157-28. Exceptions. Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed Forces Veteran pursuant to §32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees. § 157-29. Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk’s Office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. ARTICLE IV, Exceptions, Penalties § 157-30. Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions shall be subject to any appropriate review by the City Clerk’s Office, Department of Public Works, the Fire Department or the Police Department. § 157-31. Applicability of other ordinances. Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons unless superseded by one of the before-mentioned provisions of this Ithaca Commons Ordinance. § 157-32. Penalties for offenses. Except as otherwise provided, any person who shall violate any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties, of this Code. Section 3.Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor regarding the regulation of signs, planters, and merchandise displays on the Commons. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Mackesey RESOLVED, That subsection 157-7 (13) shall sunset on August 31, 2005 to allow for a trial period of the provision. Ayes (1) Coles Nays (8) Mackesey, Berry, Zumoff, Tomlan, Taylor, Townsend, Korherr Cogan Abstentions (0) Failed Amending Resolution: By Alderperson Mackesey: Seconded by Alderperson Coles RESOLVED, That signs from section157-7(13), and merchandise displays and planters be regulated on the Commons. Upon further discussion Alderperson Mackesey withdrew the motion Amending Resolution: By Alderperson Mackesey: Seconded by Alderperson Coles RESOLVED, That §157-7(13) be removed in its entirety. Nays (4) Zumoff, Townsend, Cogan, Taylor Ayes (5) Coles, Mackesey, Berry, Tomlan, Korherr Abstentions (0) Failed Amending Resolution: By Alderperson Coles: Seconded by Alderperson Korherr RESOLVED, That this ordinance be referred back to committee for further review and discussion. City Clerk Holcomb requested that the entire Ordinance not be referred back to committee as the legislation is greatly needed to regulate activities on the Commons during the summer season. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Berry RESOLVED, That Section 157-7(13) be referred back to the Governance Committee for further review and discussion. Ayes (6) Coles, Mackesey, Berry, Tomlan, Cogan, Korherr Nays (3) Zumoff, Townsend, Taylor Abstentions (0) Carried Special Vote to Continue to Finish the Meeting: By Alderperson Tomlan: Seconded by Alderperson Cogan RESOLVED, That Common Council conclude the meeting by 11:30 p.m. in order to finish the agenda items. Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT COMMITTEE: Community Development Block Grant (CDBG) Program Amendment to Direct Surplus Funds from the West State Street/West End Rental Housing Loan Program (1996 Year #3 CDBG Activity 1.3) to the Inlet Island Promenade Project – Resolution By Alderperson Tomlan: Seconded by Alderperson Mackesey WHEREAS, the Ithaca Urban Renewal Agency (IURA) is in the process of closing out the $350,000 West State Street/West End Rental Housing Loan Program (RHLP), Activity 1.3 of the 3rd year increment of the 1996 multi-year Community Development Block Grant (CDBG) award, that must be expended by September 30, 2005, and WHEREAS, the RHLP activity exceeded its goal to rehabilitate 28 rental units, and WHEREAS, in 2002 and 2004 the City of Ithaca Common Council approved program amendments to redirect $97,000 of surplus funds in the CDBG West State Street/West End Rental Housing Loan Program, Activity 1.3 of the 3rd year of the 1996 multi-year Community Development Block Grant award, to Activity 1.3-b, “Inlet Island Promenade”, and WHEREAS, the U.S. Department of Housing & Urban Development has approved these earlier program amendments, and WHEREAS, the RHLP activity has a remaining unobligated balance of $30,619.91, and WHEREAS, a continued funding shortfall exists for completing Phase I of the Inlet Island Promenade project in support of economic development, and WHEREAS, the 3rd year increment of the 1996 multi-year CDBG award included other programmed activities in support of economic development, and WHEREAS, the City of Ithaca has designated the IURA to administer its CDBG program, and WHEREAS, the IURA recommended approval of the proposed amendment at their April 28, 2005 meeting, and WHEREAS, a public hearing on the proposed program amendment was held on June 1, 2005; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves a program amendment to the 3rd year award of 1996 CDBG award #B-98-DH-36-0009, to redirect the unobligated balance of funds remaining from Activity 1.3, West State/West End Rental Housing Loan Program ($30,619.91) to Activity 1.3-b, “Inlet Island Promenade” project in support of economic development. Carried Unanimously Community Development Block Grant (CDBG) Program Amendment to Direct Unobligated Funds from the 1999 Canal Corridor Initiative (CCI) Award to the Inlet Island Promenade Project - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, on September 10, 2003 the City of Ithaca was awarded $300,000 from the Small Cities Community Development Block Grant program for its 1999 Canal Corridor Initiative (CCI) application that included the following activities: $260,000 1.0 - Lower West End Complementary Health Care Center $ 15,000 2.0 - Development Plan for Lower West End Neighborhood $ 25,000 3.0 - Administration $300,000 TOTAL and, WHEREAS, after extensive negotiation with the project sponsor, on March 25, 2003 the Ithaca Urban Renewal Agency (IURA) authorized a conditional loan commitment for a $260,000 loan to Aeon, LLC for a $1.2 million Integrated Health Care project including an herbal pharmacy and teaching facility at the corner of West Buffalo and Fulton Streets, and WHEREAS, on September 15, 2003, the IURA determined that loan commitment contingencies had not been satisfied by the borrower and informed the sponsor that the loan commitment had expired, and WHEREAS, the IURA marketed the program to identify an alternative economic development project(s) to create at least 10 FTE jobs in the waterfront area without success, and WHEREAS, a continued funding shortfall exists for completing the Inlet Island Promenade project in support of economic development (1996 Year #3 CDBG Activity 1.3-b), and WHEREAS, U.S. Department of Housing & Urban Development (HUD) staff has now indicated a willingness to consider approving a program amendment to reallocate the unobligated balance of the 1999 CCI award to the Inlet Island Promenade project, and WHEREAS, at least 88 FTE jobs have been created to date along the Inlet Island Promenade thereby satisfying the CDBG public benefit test requiring creation of at least one FTE job for every $35,000 of CDBG assistance provided, and WHEREAS, the Island Health and Fitness Center to be located along the uncompleted portion of the Inlet Island Promenade is projected to create an additional 16 FTE jobs and further development of IURA-owned parcels on Inlet Island are projected to result in additional job creation, and WHEREAS, the 1999 CCI program has an unobligated balance of balance of $271,337.11, and WHEREAS, the 3rd year increment of the 1996 multi-year CDBG award included other programmed activities in support of economic development, and WHEREAS, the City of Ithaca Common Council has designated the IURA to administer its CDBG program, and WHEREAS, the IURA recommended approval of the proposed amendment at their April 28, 2005 meeting, and WHEREAS, a public hearing on the proposed program amendment was held on June 1, 2005; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves a program amendment to the 1999 Canal Corridor Initiative award (#B-99-DH-36-0279) to reallocate the unobligated balance of funds ($271,337.11) to the Inlet Island Promenade project in support of economic development. Carried Unanimously MAYOR’S APPOINTMENTS: Ithaca Landmarks Preservation Commission By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Lynn C. Truame be appointed to the Ithaca Landmarks Preservation Commission to fill a vacancy with a term to expire on December 31, 2007, and be it further Natural Areas Commission: RESOLVED, That Ron Herring be appointed to the Natural Areas Commission to fill a vacancy with a term to expire on December 31, 2007, and be it further Rental Housing Advisory Commission: RESOLVED, That Flora Gross Sagan be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire on December 31, 2007. Carried Unanimously REPORT OF COMMON COUNCIL LIAISON: Alderperson Berry suggested that Common Council liaisons submit their reports to the Mayor to be sent with agenda packets. REPORT OF CITY CONTROLLER: City Controller Thayer reported on the following: - Sales tax revenue is up approximately 12% over projected figures; starting today, NYS sales tax decreased from 8.25% to 8%. - Parking revenues – meters & garages are not meeting the projected revenues and no rate changes are recommended at this time. - Fine revenues continue to decline, a report will be forthcoming. - 2006 budget process is underway – capital project requests are due next week; mission critical only projects are being reviewed. - RAN’s (Revenue Anticipation Notes) have not been needed to date. REPORT OF CITY ATTORNEY: City Attorney Luster reported on the following: - Supreme Court dismissed NYSEG suit against Ithaca Landmarks Preservation Commission. - Same sex marriage – papers have been filed on both sides and an effort is being coordinated with 4 other cases in the State. MINUTES FROM PREVIOUS MEETINGS: Approval of the May 4, 2005 Common Council Meeting Minutes – Resolution By Alderperson Coles: Seconded by Alderperson Zumoff RESOLVED, That the minutes of the May 4, 2005 Common Council meeting be approved with noted corrections. Ayes (8) Coles, Mackesey, Berry, Tomlan, Zumoff, Taylor, Townsend, Cogan Nays (0) Abstentions (1) Korherr Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:20 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor