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HomeMy WebLinkAbout12-14-11 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Wednesday, December 14, 2011, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda (Items 1 -5: 15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes (10 min.) 6.1 July 13, 2011, Regular Meeting Minutes 6.2 July 27, 2011, Regular Meeting Minutes 6.3 August 24, 2011, Regular Meeting Minutes 6.4 September 14, 2011, Regular Meeting Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit (20 min.) A. Recommendation to Divest Unused City Property, Part 3 — Resolutions B. Request for Relocation of Storm Sewer and an Easement for 359 Elmira Road (Fairfield Inn Site) 8.2 Highways, Streets and Sidewalks 8.3 Parking and Traffic (5 min.) A. 2012 Municipal Parking Rates - Resolution 8.4 Creeks, Bridges and Parks (5 min.) A. 2012 Newman Golf Course Rates and Fees — Resolution 8.5 Water and Sewer (5 min.) A. 2012 Water and Sewer Rates — Resolution 9. DISCUSSION ITEMS (60 min.) 9.1 Request to Use DeWitt Park by "Occupy Ithaca" 9.2 2012 Trash and Yard Waste Disposal Rates (adopted Nov. 16, 2011) 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the meeting. The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Notes for BPW Agenda, December 14, 2011 8.1A Recommendation to Divest Unused City Property, Part 3 — Resolutions The attached information and resolutions are from an earlier agenda covering items that we did not get to. I believe both properties are ones that have more than public works interests and we should forward them to the Planning Departments as well so that they can provide input to Council. 8.1 B Request for Relocation of Storm Sewer and an Easement for 359 Elmira Road (Fairfield Inn Site) — Possible Resolution The Manos family has sold property on Elmira Road (359) that is being developed as a hotel (Fairfield Inn & Suites). The development needs to relocate a storm sewer easement to allow for the site plan development. The realignment is routine and does not pose any problems for the city. I recommend approving the relocation. 8.3A 2012 Municipal Parking Rates - Resolution 8.4A 2012 Newman Golf Course Rates and Fees — Resolution 8.5A 2012 Water and Sewer Rates — Resolution We would like to get rate structures in place for 2012 that match up with and support the adopted 2012 Budget of the City of Ithaca. As a side note, probably to be discussed later, staff has recommended a driving range for the municipal golf course that they believe will produce a new revenue stream. They would like to get started on the changes in hope that they can have it in place for late spring or early summer of 2012. 1 have been hearing this suggestion for more than twenty years. I believe it would prove to be a very valuable addition that would have a broader client base than the course itself. If the Board agrees to the recommended improvements, we will start the work as soon as weather allows. 9.1 Request to Use DeWitt Park by "Occupy Ithaca" Attached are a copy of the permit request and my denial of the permit, from Occupy Ithaca to exercise their first amendment rights to free speech and assembly. I have also attached a legal opinion from the City Attorney's office concerning this matter. You can read the response, which supplies a lot more detail than my comments here, but because they occupied the park prior to applying for the permit and have demonstrated what they intended to do in the park with a permit, I have denied it. They certainly have the right to exercise the first amendment, in Page 2 a manner, time, and place as allowed by law. The City also has rights and obligations in the management of parkland. I believe my denial will be appealed to the Board as allowed under our code so I have put it on the agenda. Update: As I was writing these notes, a representative arrived in my office and handwrote an appeal to the denial letter. It is attached. 9.2 2012 Trash and Yard Waste Disposal Rates (adopted Nov. 16, 2011) Claudia Jenkins has requested a discussion item to review concerns she has about the yard waste program, I believe. WULLpwi.J. c,ra�, P.E. sL'Cper�wtewdewt of PubUc WOKiZS pecewtber9, 2022 Page 3 8.1A Recommendation to Divest Unused City Property, Part 3 — Resolutions Resolution Parcel 100. -2 -1.2 — Cherry Street By Commissioner: Seconded by Commissioner WHEREAS, the City of Ithaca owns parcel 100. -2 -1.2 located at the south end of Cherry Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of expanding the industrial park, and WHEREAS, the aforementioned parcel has not yet been developed by the City, and WHEREAS, staff recommends reserving a 40 foot wide temporary (construction) easement and a concurrent 20 foot wide permanent easement for extension of utilities, and WHEREAS, staff recommends reserving a twenty foot wide easement for the purpose of extending a pedestrian path, concurrent with the aforementioned utility easement, and WHEREAS, the Board of Public Works has determined that there is no further Public Works need to own the parcel, and WHEREAS, the southerly portion of parcel 100. -2 -1.2 contains two designated wetlands of 0.45 acre and 0.32 acre, and WHEREAS, continued ownership of the aforementioned parcel by the City of Ithaca incurs Public Works expense, presents an attractive nuisance and reduces the property tax base, now be it RESOLVED, That the Board of Public works recommends that the City divest of up to five and six tenths acres of the northerly portion of parcel 100. -2 -1.2 located at the south end of Cherry Street exclusive of the aforementioned designated wetlands. Cherry Street, Tax Parcel 100. -2 -1.2 The parcel at the end of Cherry Street contains 8.25 acres and is assessed at $825,000. The property is bounded on the east by railroad property and on the west by lands abutting Cayuga Inlet including a strip of land designated as parkland. This wooded parcel is generally flat. The southerly end of the property contains two small wetland areas and is frequently occupied by squatters. The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of $253,000 with a total assessment of $1,290,000; this generates over $19,000 in property tax annually. The site could be sub - divided to create a 5.6 (approx.) acre parcel and a 2.7 (approx.) acre parcel. Easements should be reserved in order to extend water mains and provide for bicycle and pedestrian access to the south end of the property. . Revised 11/4/11 tww Page 4 r- — --------- -------- tI..d 0.32 .tI..d I 0.45 0451 V:L.Ooo COSTROL Coixt4tArr-L ip. 5.66 Acre Parcel ,,,JL kRI CHER Page 5 Resolution: Parcel 68. -2 -9.2 — 700 Block East Seneca Street WHEREAS, the City of Ithaca owns parcel 68. -2 -9.2 located on the south side of the 700 block of East Seneca Street, and WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to acquire green space, and WHEREAS, the aforementioned parcel has not been developed or maintained or designated as park, and WHEREAS, the Board of Public Works has determined that there is no further Public Works need to own the parcel, and WHEREAS, continued ownership of the aforementioned parcel by the City of Ithaca incurs Public Works expense, presents an attractive nuisance and reduces the property tax base, now be it RESOLVED, That the Board of Public works recommends that the City divest of parcel 68. -2- 9.2 located on the south side of the 700 block of East Seneca Street. 700 block East Seneca Street, Tax parcel 68. -2 -9.2 This 0.17 acre parcel was acquired by the City in 1982. The parcel is zoned R -3A. The assessed value of the land is $50,000. The parcel has remnants of a sidewalk and play structure once part of the school. The sidewalk runs from the North West corner of the property to the center of the property where it ends in an abrupt drop. The antiquated playground equipment constitutes an attractive nuisance and has not apparently been maintained in decades. The East side of the property has some mature trees. The West side of the property is used for parking by the neighboring property without permission. The parcel is abutted by multi -unit residential structures on similarly sized parcels. 705 East Seneca Street has an assessed value of $400,000 which generates approximately $5000 in property taxes. Revised 11/4/11, tww Page 6 To: William J. Gray, P.E., SuperintenFwer W City of Ithaca From: Lawrence P. Fabbroni, P.E.S. Re: Request for relocation of Storm nd Ea sement Proposed Fairfield Inn Site Date: November 7,2011 On November 25,2011 the City Planning Board granted Final Site Plan Approval for a new 106 Unit Fairfield Inn by Marriott on a 1.835 acre site just west of the Manos Restaurant as shown on accompanying map L -102. As discussed with you and members of your engineering staff in the process of obtaining Use Variance and Site Plan Approvals, this will necessitate a straight forward relocation of an existing storm sewer and easement for same on the property being developed and a portion of the remaining B. J. Manos Enterprises Inc. property. This then is the formal request to seek the Board of Public Works approval of such a storm sewer relocation and substitute easement to the City to accompany same. The existing storm sewer location is shown on accompanying Survey Map S -102 as it runs southwest along the Farino / Manos boundary and then backlot west - northwest parallel to Elmira and Spencer Roads. Interestingly in researching the history, the existing easement to the City (564/100) enclosed was found recorded for Manos parcels (559/900) tax parcel 129 -1 -1 and (444/627) part of tax parcel 129 -1 -10.2 but no record could be found in Tompkins County Clerk or City DPW records of an easement across tax parcels 129 -1 -6.2 and 129- 1 -7.2. In the process of the relocation we propose abandoning the existing easement description and substituting the attached easement location on map C -102 and accompanying description as it will then traverse across the entire Manos Enterprises Inc. property. The parties hope to move to a property transfer sometime in December 2011 looking toward an early 2012 ground breaking. So your board's earliest attention to this matter would be most appreciated. If we can provide any additional information to clarify our request please do not hesitate to contact me at 607 - 3510940 or Mark Wheeler, Esq. counsel for Manos Enterprises Inc. at 1734444 in this matter. Proposed Substitute Storm Sewer Easement Beginning a point at the northeast corner of the B.J.Manos Enterprises Inc. property on the south boundary street line of Elmira Road thence S 50 003'00" W 20 feet along the Elmira Road street line to a point thence S 6 0'08'36" W 277.93 feet parallel to the Manos /Farino property line to a point thence S 60°04'45" W 113.92 feet parallel to an existing storm sewer to a point thence S 21 026'36" W 139.85 feet parallel to the relocated storm sewer to a point thence S 55 °02'59" W 71.00 feet parallel to the relocated storm sewer to a point thence S 8594'44" W 155.06 feet parallel to the relocated storm sewer to a point in the Manos /Allen property line thence S 35 °11 "25" E 23.28 feet along the Manos /Allen property line to a point thence N 85 034'44" E 148.61 feet parallel to the relocated storm sewer to a point thence N 55 °02'59" E 82.50 feet parallel to the relocated storm sewer to a point thence N 21 026'36" E 138.88 feet parallel to the relocated storm sewer to a point thence N 60°04'45" E 109.51 feet parallel to the existing storm sewer to a point thence N 6008'36" E 306.98 feet along the Manos /Farino /Katzkidd property line to the point or place of beginning FF- FORSI W9.4 N. Y. mF..o -yUtt a.Avm ly, •u••��•� +• 1680 S64 gnb1pn9um 00 h�� zo ,Vade the lat day ai May ,Nineteen Hundred and seventy -eight $tImtrn B. J. MANOS ENTERPRISES, INC., a domestic corporation organized under the laws of the State of New York having its principal place of business at 359 Elmira Road, Ithaca, New York, part Y of the first part, and The City of Ithaca, a municipal corporation with offices at 108 East Green Street, Ithaca, New York, part Y of the second part, WttmatO that the part of the first part, In consideration of One ro /100 ---- — - Dollar ( ;1.00 ) lawful neoney of the United States, and other good and valuable consideration paid by the part Y of the second part, does hereby remise, release and quitclaim unto the part Y of the second part, its successors and assigns forever, = a perpetual right of way over and across and an easement in the Land hereinafter described, for the purpose of clearing, trenching for, laying, constructing, maintaining and repairing storm sewers and pipe lines. Said land is described as follows: ALL THAT TRACT OR P,AFCM OF LAND situate in the City of Ithaca, County of Tcrpkins and State of New York and more particularly bo=led and described as follows: Commencing at a point in the southerly line of Elmira Road at the northeast comer of premises conveyed to the Grantor herein by deed recorded in the Ttapkins County Clerk's Office in Liber 439 of Deeds at page 619, thence running S 51. 55' W along the southerly line of Elmira Road 15' to a point; thence runnimj S 7. 16' Y1 245' to a point, thence running north 00° 25' E 11' to a point, thence running north 7° 16' E 254' to the point or place of beginning. Being a portion of the premises described in the above referenced deed. ALSO ALL THAT TRACT OR PARCM OP LAND situate in the City of Ithaca, County of Tompkins and State of New York and more particularly bounded and described as follows: Canmencing at the southeast corner of premises conveyed to the Grantor hereby by deed recorded in the Tcupkins County Clerks Office in Liber 480 of Deeds at page 940, thence running S 53° 10' 14 184' to a point; thence running north 34° 03' W 20' to a point; thence running N 53° 10' E 188' to a point; thence running south 22° 45' E 20.1' to a point or place of beginning. Being a portion of the premises described in the above referenced deed. L 1 lJ 1 • 1 1 Ll 1 0 1 itagrtltrr n•ith the oppurfenmreer and all the estate and rights of the party of the Just part in and to said premises, Za base nab to 4alb ttee premmises herein granted unto the part y of the second part, its successors and assignsforsner. 3a Mitsrea 1114rrrof, the part y of the first part lea a hereunto set its hand and seal the day and dear Jost above written. ,In 11resence of B. J. NANOS ENTERPRISES, INC. Is s . rw war 1 ee. On this 1st day of May Qaunty of TOMPKINS ) .tl'ineteen Hundred and Seventy Eight before nte. the subscriber, personally appeared BILL J. NANOS, to me known, who, being by me duly sworn, did depose and say that he resides in Ithaca, New York, that he is the President of B. J. NANOS ENTERPRISES, INC. the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixe- xpRapxllasixditaeeOl » ent by order of the board of directors of said corporation; abd that he signed his nese thereto by Like order. DERnR,. IC. f:A \U�;G G��xltt�ll �, �•] Hilary ;.. ary r NOTARY PUBLIC nw � .enl �. 1Auvlr JU. IY C Ehslt of \rn Dark On this day of (County of } ss aineteen Hundred and before me, the subscriber, personally appeared to me personally known and known to me to be the same person described in and who executed the within Instrument, and he acknowledged to me that he executed the same. w Law .... CYO........ .................... end Sr�'�.��..'..•.!*�wti�..+..�iQj. cLrk U OOZ `r •\ 1. !t o �'', .• k" ' :: =s REAL ESTATE MAY h 1978. �'•�',' Y .��� TRr, :�! :i•a', TAX COW41Y Is s . rw war 1 ee. On this 1st day of May Qaunty of TOMPKINS ) .tl'ineteen Hundred and Seventy Eight before nte. the subscriber, personally appeared BILL J. NANOS, to me known, who, being by me duly sworn, did depose and say that he resides in Ithaca, New York, that he is the President of B. J. NANOS ENTERPRISES, INC. the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixe- xpRapxllasixditaeeOl » ent by order of the board of directors of said corporation; abd that he signed his nese thereto by Like order. DERnR,. IC. f:A \U�;G G��xltt�ll �, �•] Hilary ;.. ary r NOTARY PUBLIC nw � .enl �. 1Auvlr JU. IY C Ehslt of \rn Dark On this day of (County of } ss aineteen Hundred and before me, the subscriber, personally appeared to me personally known and known to me to be the same person described in and who executed the within Instrument, and he acknowledged to me that he executed the same. w Law .... CYO........ .................... end Sr�'�.��..'..•.!*�wti�..+..�iQj. cLrk U OOZ `r ALLEN of 3 CD V) CD COO CD o� M Egli' owl r�7W� TM wis a� m 3 � D D z z z c� m r Z D � Z M t7 70 °o iTJ � V, F7 H z Fps O<<ggyTO r� O D W(�)l r� � 3 � D D z C p N D Z -I ®9 T Tel YO Wz+C3� R.Q.ARDELL ALLEN (596 Qzm - -i - Ln--j D M N 03> N 35 1111' -- - (fi (� I rq \ 70 to N �>n U1 CJl m A �p4� \ro v> - r03 ro -3> I1. O ' :IZonu �. 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O ' :IZonu W -i ^'Y'70 �v D0 Cdr Cr� ru J �0r'l 0 5 O T] 1 o ~ f*1ON N Opi]nVd � 11yy4dStl Z / �z n I I h If � �Or-jc. 11 FO + 5 of v-� i 11 �O rr tr II �I i h m r r�1 Ul 0� A 0 N m h 3 Z 1 9q,slnvd S�VF4dSV C5�u 3, v, w a Ulm° -i ram`: 9rS7nVd i' avo 4 F----ti I> i� I -V� r1 �0--j i v�.AZOO 70 � -+ M n\ 70 �om�i Y m �13 z C7 A U q�r��r ALLEN 1 a Cr/ All Z7 UI m _1N. ^Z O M (7J o Q� O ` d c i OWNER ' S 5° 1]'25" �3� W r O ° N O N 35 °11'25' W 277,26' IM391.5 INV 3B8 04 ST O N O 0 0 51009'46" 33,E m N 39023'18' W z 1 A "y £ 6" PERFORATED FILTER WRAPPED UNDERDRAIN 3 o IN 2FT,X8FT #2STONE INFILTRATION BED ri�i� D WRAPPED IN FILTER FABRIC z :y e7 m m A A DD t7 DDN < < N A �1X 2N, C ' m n iW tdn 1 35' 11'25" 4 A b I P iu M � 3 D Z C ❑ �7 N D Z -1 sT YO i fU d mo�a Z b Z ~ / n m W N V I w N D r z� CD �X7 mEoy Fyn Q � ai W x m n=A� oY C1 D x Z t b < G m � i < m b D A U1 K D CD IL O f w x c- 3 M\ 3 z D D 6' PER ATED FILTER WRAPPED UNDE RAIN Z Z IN 2FT.X8 #2STONE INFILTRATION B ~ 0 Z WRAPPED IN ILTER FABRIC a z 1 � � j Z D m � Z DTI d m ;Zu � O O z m 0 111) 1--A o~ CD iu < o iu m I m N 0 D mo-<DoM �7 � 000m IN r � _ FO TJ m -9 M m � � mz� prDr(� T1� F-o r- A 011 c: �� [�j� >MO o /1 =� A D OD D7 dD D � 00 � O —I D N r ow O D 35 — m n 1-j DX 4 A b I P iu M � 3 D Z C ❑ �7 N D Z -1 sT YO i fU d mo�a Z b Z ~ / n m W N V I w N D r z� CD �X7 mEoy Fyn Q � ai W x m n=A� oY C1 D x Z t b < G m � i < m b D A U1 K D CD AMENDED AND RESTATED STORM SEWER EASEMENT THIS INDENTURE made the day of December, Two Thousand and Eleven, between B.J. Manos Enterprises, Inc., a New York corporation with an address of 357 Elmira Road, Ithaca, NY 14850 Grantor, and The City of Ithaca, a municipal corporation with an address at 108 East Green Street, New York 14850, Grantee. WHEREAS, the Grantee is the holder of a permanent storm sewer easement upon premises of the Grantor fronting on Elmira Road in the City of Ithaca, granted by B. J. Manos Enterprises, Inc. by instrument and dated May 1, 1978 and recorded in the Tompkins County Clerk's Office on May 4, 1978, in Liber 564 of Deeds at page 100 (the "Existing Easement "); and WHEREAS, the Grantee has constructed a storm sewer system which extends partly within the area of the easements as described in the Existing Easement and partly outside the bounds thereof, and WHEREAS, the Grantor and Grantee desire to change the location of the Existing Easement so as to allow the Grantee to relocate the existing storm sewer to, and entirely within, the Easement Area, as hereinafter defined, and to terminate the Grantee's Existing Easement to the extent it affects any of Grantor's premises lying outside of the Easement Area. WITNESSETH: NOW, THEREFORE, the Grantor, in consideration of ONE AND NO /100 DOLLARS ($1.00) lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, a permanent storm sewer easement for the purpose of allowing the Grantee to use, maintain, replace, construct, repair, reconstruct, and improve the storm sewers and pipe lines lying within, upon, or below, all that tract or parcel of land situate in the City of Ithaca, County of Tompkins, and State of New York, more particularly bounded and described in Schedule "A" (the "Easement Area"), which is attached hereto as a part of this instrument and incorporated herein by reference. THIS grant is made and accepted upon the following terms and conditions: 1 The Grantee, its employees, servants, agents and contractors shall have the right to enter upon all the Easement Area described herein and to utilize the same, for the purposes herein described, upon reasonable advance notice to Grantor, when necessary for the exercise of the rights and privileges granted hereunder. Solely for the limited purpose of the initial construction of the new storm sewer improvements to be located in the Easement Area, and for no other purpose, the Grantor, and any successor owner of any portion of the fee title to the premises on which any part of the Easement Area is located, shall be deemed to be contractors of the Grantee, and such person, or an employee, agent or contractor of such person, may exercise the rights hereunder to complete such initial construction. 2 This grant is made and accepted under the express condition that, after any exercise of the rights and privileges granted hereunder, the Grantee shall leave the premises in as good condition as found. 3 The Grantor does covenant and agree that no building or structure shall be constructed within the Easement Area, that no trees or shrubs shall be planted within the Easement Area, and that Grantor shall not allow such construction or plantings without consent of Grantee, which will interfere with access by the Grantee, its successors, assigns, employees and agents, to exercise the rights granted herein. 4 This agreement shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee hereunder and to their respective successors and assigns and the terms Grantor and Grantee shall refer to the parties hereto and to their respective successors and assigns as the case may be. 5 This agreement amends and restates the Existing Easement in its entirety and the description of the Easement Area is substituted in its entirety for the description of the easements granted by the Existing Easement. To the extent any portion of the Existing Easement affect any of Grantor's premises lying outside the bounds of the Easement Area, those portions of the Existing Easement are hereby released from the Existing Easement and are quit - claimed unto Grantor. Notwithstanding the foregoing, such substitution shall become effective upon the commencement of work on the construction of the new storm sewer improvements to be located in the Easement Area, and such release shall become effective upon the completion of such new improvements. 6 This agreement represents the full, final and complete agreement between the parties as to the matters embraced hereby and it may not be amended, modified or terminated except by a written instrument signed by the party against whom such amendment, modification or termination is sought to be enforced. IN WITNESS WHEREOF, this deed has been duly executed as of the day and year first above written. B.J. Manos Enterprises, Inc. Bill J. Manos, President The City of Ithaca Name: Title: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the day of December, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared BILL J. MANOS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to 2 the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the same. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: On the day of December, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the same. Notary Public 3 SCHEDULE A SCHEDULE A Storm Sewer Easement Beginning a point at the northeast corner of the B.J.Manos Enterprises Inc. property on the south boundary street line of Elmira Road thence S 50 03'00" W 20 feet along the Elmira Road street line to a point thence S 6 08'36" W 277.93 feet parallel to the Manos /Farino property line to a point thence S 60 04'45" W 113.92 feet parallel to an existing storm sewer to a point thence S 2126'36" W 139.85 feet parallel to the relocated storm sewer to a point thence S 55 02'59" W 71.00 feet parallel to the relocated storm sewer to a point thence S 85 34'44" W 155.06 feet parallel to the relocated storm sewer to a point in the Manos /Allen property line thence S 35 11 "25" E 23.28 feet along the Manos /Allen property line to a point thence N 85 34'44" E 148.61 feet parallel to the relocated storm sewer to a point thence N 55 02'59" E 82.50 feet parallel to the relocated storm sewer to a point thence N 2126'36" E 138.88 feet parallel to the relocated storm sewer to a point thence N 60 04'45" E 109.51 feet parallel to the existing storm sewer to a point thence N 6 08'36" E 306.98 feet along the Manos /Farino /Katzkidd property line to the point or place of beginning m z rq JAT bdN nm 0♦ V) ' V CD �yD I zm � � ❑jv I � Q1� .11 P i ro 0 o AM,C Yv m MW w p m� V 3rp 03) N 35011' — — 182 -6 /J 0 r no )o T � A rO��OF 9I 6c'p yM,9`P�,9 �S F T ♦ O 35 011'25' E tp 131,61' ��— _ Y At 277,26' � I TOM 6 51 09'46' 33.20 0 N k N 39023'18_ W -241, R,O,ARDELLALLEN (596, ro DR.13 I B9'1-72 U ENTEP J' JHANO SX631 U1 C7 of ;24, /I 5 INC f'1 764) romf tad CD I W c3:3 m oD S20o IU 63 3o 11 f 0 -0 ADO Icfl 0 0f*1ZO° N - cr, N3N m -N -- /V W M N ;a 00 �� \J F- n r D L f' CD C) �Y 1�1r" m 00 z V)♦0 z N WT. 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Z o0 r nD0 V�' ,D C) V T s� O-- �j p O �cfl - o� M M, � � F— CD l CD �z �0 v, Z 8.3A 2012 Municipal Parking Rates - Resolution WHEREAS, the Board of Public Works has considered the proposed 2012 rates for municipal parking facilities in order to meet the adopted 2012 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2012, now therefore be it RESOLVED, That the Board of Public Works hereby adopts the proposed 2012 municipal parking rates as follows in the attached table; and, be it further RESOLVED, That during the Spring of 2012 the Board of Public Works shall review the revenues generated by and the use levels of these parking facilities in order to assess and determine whether further adjustments are required to meet revenues for the balance of 2012; and be it further RESOLVED, That all rates shall go into effect January 1, 2012, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2011 Rates Effective 8/1/11 Proposed 2012 Rates Effective 1/1/12 Amount Changed Seneca Garage, Day and Night All Levels $82.50/mo $85.00 /mo 3% increase Contract with Hotel $47.77/mo $49.20/mo 3% increase Contract with Ciminelli $82.50/mo $85.00 /mo 3% increase Green Street Garage, Day and Night All Levels $72.00 /mo $74.00 /mo 3% increase Contract with Ciminelli $50.50 /mo $52.00 3.05% increase Cayuga Street Garage, Day and Night All Levels, including long -term storage $57.50/mo $59.25/mo 3% increase Contract with Ciminelli $44.90/mo $46.25/mo 3.05% increase Contract with County (Library) $49.77/mo $52.25/mo 88% of market Premium Area Rates $106.00 $109.00 /mo 3% increase Dryden Road Garage Discounted Hourly (250 hours) $113.00/mo $116.50/mo 3% increase Day and night (24 hours ) $226.00/mo $232.75/mo 3% increase Other Non -Meter Permit Parking Contract with Count (DSS) $44.90/mo I $46.25/mo 1 3.05% increase Page 7 Hourly Rates5 Actual Proposed Amount Changed Weekly Rates 2011 Rates 2012 Rates Per hour $1 /hour Effective Effective Amount Maximum 1/1/11 1 /1 /12 Changed Seneca Garage, Day and Night $25.00 $25.75 3% increase Green Street Garage, Day and Night $22.00 $22.50 3% increase -Dryden Road Garage, 24 Hours $67.00 $69.00 3% increase Hourly Rates5 Actual 2011 Rates Effective 6/11/11 Proposed 2012 Rates Effective 1/1/12 Amount Changed Seneca, Green, Cayuga Street Garages Per hour $1 /hour $1 /hour No change Maximum $7/day $7/day Road Garage -Dryden 0-24 $1 /hour $1 /hour No change Maximum $15/day $15/day No change Dryden Road Summer Rates (June 1 — August 15) 0-24 $0.75 /hour $0.75 /hour No change Maximum $15 /day $15 /day No change Bulk Purchase: Garage Tokens or Value Card $26.00/ 40 hours $26.00/ 40 hours No change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No change Parking Meters and Pay and Display Surface Lot: Green Street Garage? $2.00 /hour No max. $2.00 /hour No max. No change Downtown $1.00 /hr 2 hr. max. $1.00 /hr 2 hr. max. No change Collegetown $1.00 /hr 2 hr. max. $1.00 /hr 2 hr. max. No change Thurston & Stewart Ave. & Edgemoor $0.50 /hr 9 hr. max. $0.50 /hr 9 hr. max. No change Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% Page 8 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2009, based on August 2008 CPI. The percentage change in the CPI from August 2008 to August 2011 was 3.0499 %. 3 — The County's Mental Health /Library agreement for 100 spaces in Green Street Garage (and /or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2012 is 88% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot ") expires December 31, 2016. 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. 5 — Fees charged: Downtown garages, 2:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. Page 9 8.4A 2012 Newman Golf Course Rates and Fees — Resolution WHEREAS, severe rains and flooding in the 2011 season had a significant negative effect on sign -ups for season memberships at the Newman Municipal Golf Course, and WHEREAS, Friends of Newman has worked with Department of Public Works staff and the Board of Public Works to identify ways to increase membership numbers in the years going forward, and WHEREAS, setting the membership rates well in advance of the beginning of a new season seems like a prudent course of action to help increase membership, and WHEREAS, many golf courses and other recreational programs use "early sign -up" incentives to increase memberships and retain existing membership, now therefore be it RESOLVED, That the following rates and fees, approved by the Board of Public Works for the 2011 season, are hereby approved in advance for the 2012 season, Membership Fees 2011 Rates Individual Non - Resident Individual Resident $ 660.00 $ 600.00 Senior Individual Non - Resident $ 600.00 Senior Individual Resident $ 540.00 Domestic Couple Non - Resident $ 924.00 Domestic Couple Residents $ 840.00 Senior Domestic Couple Non - Resident $ 924.00 Senior Domestic Couple Resident $ 756.00 Junior Individual Non - Resident $ 264.00 Junior lndividual Resident $ 240.00 Family Non - Resident $ 1,008.00 Family Resident $ 924.00 Weekday Only, Non - Resident $ 432.00 Only, Resident $ 390.00 -Weekday Only, Domestic Couple, Non -Res. $ 624.00 -Weekday Weekday Only, Domestic Couple, Resident $ 576.00 College Membership (Ages 18 -22) ( *Restricted weekdays before 4 p.m. w/ college ID and weekends after 12 noon City Employee $ 330.00 $ 330.00 Daily Greens Fees 2011 Rates Weekday 9 holes Weekday 18 holes Weekend 9 holes Weekend 18 holes $ 13.00 17.00 $ 15.00 $ 21.00 Cart Rental Fees 2011 Rates Page 10 Member 9 holes $ 12.00 Member 18 holes $ 24.00 Non - Member 9 holes Non - Member 18 holes $ 14.00 $ 26.00 Combined Greens Fees and Cart Rental 2011 Rates Weekday 9 holes with Cart -Weekday 18 holes with Cart Weekend 9 holes with Cart $ 19.00 $ 29.00 $ 22.00 Weekend 18 holes with Cart $ 32.00 And be it further RESOLVED, That under an "early sign -up" plan, 2012 memberships paid by February 28, 2012, are subject to a 10% discount on the rates approved by this resolution, and be it further RESOLVED, That these rates will remain in effect until amended by the Board of Public Works. Page 11 (1 111 01201 1) Kathrin Gehring -For next BPW meeting From: Tom Hanna <tph3 @cornell.edu> To: Ray Benjamin <RAYB @cityofithaca.org> CC: Mark Babbage <mkhsb @aol.com> Date: 10/20/2011 3:57 PM Subject: For next BPW meeting SETTING NEWMAN GC RATES AND FEES FOR 2012 Whereas the severe rains and flooding in the 2011 season had a significant negative effect on sign -ups for season memberships at Newman Municipal Golf Course, and Whereas the Friends of Newman has worked with DPW staff and the BPW to identify ways to increase membership numbers in the years going forward, and Whereas setting the membership rates well in advance of the beginning of a new season seems like a prudent course of action to help increase membership, and Whereas many golf courses and other recreational programs use "early sign -up" incentives to increase memberships and retain existing membership, now therefore be it Resolved that the rates and fees approved by the BPW for the 2011 season are hereby approved in advance for the 2012 season and be it further Resolved that, under an "early sign -up" plan, 2012 memberships paid by February 28, 2012 are subject to a 10% discount on the rates approved by this resolution. Ray, if this resolution is placed on the October 26 BPW agenda, it could help us kick -start our Friends of Newman efforts to help build back membership to our baseline goal of 200. While I will be out of town on that date, Mark and other Friends will be available to support the item and answer any questions. We still feel that a simplified rate list is a goal. The board seemed open to moving forward on options that can be readily implemented. Early rate setting and providing an "early sign -up" incentive seems like such an option. FYI, we estimate that approximately 40 individuals who signed up early in 2011 (and therefore lost nearly two month's of play) decided to take the BPW- approved 20% discount for 2012 membership. Obviously this resolution is written to not undercut their discount. Let us know know if this works. Page 1 I Grounds and Maintenance 245 Pier Road Ithaca, New York 14883 Cell Phone: 327 -0395 [fob Lilly Working Supervisor To: Common Council From: Rob Lilly — Newman Golf Course Working. Supervisor CC: Ray Benjamin — Assistant Superintendant Date: November 23, 2011 Re: Changes to Newman Golf Course and addition of a Driving Range Proposal: Requesting permission to make changes to Newman Golf Course to increase revenue. Proposed changes: -� Reposition three holes (number 3, 4, and 5) to accommodate a driving range. Creation /addition of a City of Ithaca Driving Range Labor: All work will be done under my supervision with City of Ithaca staff and seasonal staff. (no outside labor will be necessary) Materials /Cost: Will be using Waste -fill (that the City currently pays to dispose of) $0 Re -using existing sod $0 —� Sand (greens base) $2,000 -� Trees (to create a protection barrier by maintenance shop and added aesthetic value)$1,000 Drainage Materials $ 300 TOTAL funds to be used from current 2012 BUDGET $ 3,300 Pending Approval we will need to purchase: --+ Ball Retriever (to be counted on existing equipment) $2500 -4 Ball Washing Machine /Dispenser $2000 Mats (4 @ $400.00) $1500 —� Golf Sall Baskets (15 @ $5.00) 7 5 Golf Balls i 000 Requested funds 2013: :V7 17 ! Additional information —� Based on information provided from Soaring Eagles Goff Course we estimate a projected income of upwards of $14,000.00 annually -� Our driving range would be the only one conveniently located in downtown Ithaca for City of Ithaca residents and local patrons. —� Very little additional labor costs as the already existing pro -shop employees will add this to their job duties. Please consider this proposal as it will make our course more desirable, thus increasing membership and revenue in a highly cost effective way. LLOZ 'pfpoM o11Qnd !o luewlfedeO eaeLpl to 8110 :ewnoS ilea W105 LOOZ-LBBt deyy opaw!ueld 1811BIO puno0 supdwol :ownoS dery SM 188=1 004 I OOI Z I p w14e0 OB 9 W p \ ,r N f 1L. / s sBulPling 7B8BUO�:ju!nu0 pasodmd - suaaf0 PIO �f A� , f / ,�/ .'j rt• 41 14 il { E) p�dWd s,(eiuled Pesodad ",W i 11WM f .,k. '1 ,,�����. \-ice !f�J�,1y� �•5��� 1� , } / i pueBal )'.ff. ``mil%`, !/�•' ,/�'SM' tI1 /%4, f'pt1�,`` �1 i�-1 N�� ! 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Practice Y 3C Area 9 Y Clubhouse -!-t, ,� Newman Golf Course Area Lf e- J Ithaca, New York Preliminary Master Plan o v 8.5A 2012 Water and Sewer Rates — Resolution WHEREAS, in accordance with City Charter, the Board of Public Works has the authority to set water and sewer rates, and WHEREAS, staff has provided water and sewer usage projections for 2012, now therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2012: Basic Rates (per 100 cubic feet): Water $4.50 Sewer $5.06 Minimum Billing (per quarter year) Meter Size Cubic Feet Allowed (x100) Water Sewer Total Small 12 $54.00 $60.72 $114.72 1" 32 $144.00 $161.92 $305.92 1.5" 55 $247.50 $278.30 $525.80 2" 112 $504.00 $566.72 $1,070.72 3" 160 $720.00 $809.60 $1,529.60 4" 241 $1,084.50 $1,219.46 $2,303.96 6" 421 $1,894.50 $2,130.26 $4,024.76 Other Services • Unmetered sprinkler service: $12 per inch diameter per quarter • Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter. • Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons. • Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event. • Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance. • Replacement of frosted or damaged residential meter: O During business hours — cost of the meter plus $50 O After hours without a call -in — cost of the meter plus $125 O After hours with a call -in — cost of the meter plus $220 Page 12 • Replace damaged AMR meter head, caused by owner /occupant negligence: cost of new meter plus $60. • Special meter reading with corresponding bill: $45 per special read. • Data Logs: the first obtainable log shall be billed at $60, with one follow -up log at no extra charge per account per year. All additional data logs shall be charged at $60 each. If a City issue is found as a result of a data log, there shall be no charge. • All other special services: To be billed at cost (including overhead) with supporting bill documentation. Page 13 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 DEPARTMENT OF PUBLIC WORKS William J.Gray, P.E. Superintendent / City Engineer Telephone: 607/274 -6527 Fax: 607/274 -6587 DENIAL OF PERMIT FOR USE (as requested) OF DEWITT PARK BY "OCCUPY ITHACA" c/o Phillip Price, 308 S. Corn St., Ithaca, NY 14850 By the authority vested in the undersigned, as Superintendent of Public Works for the City of Ithaca, New York, by Chapter 336 of the City of Ithaca Municipal Code, the applications for a permit for certain uses of DeWitt Park, as submitted by "Occupy Ithaca" under the sponsorship of the General Assembly of Ithaca, NY, initially on November 23, 2011, and then in a revised form on December 5, 2011, are hereby DENIED, for the reasons set forth below. REQUEST: As I understand it, the applicant seeks permission to maintain an encampment that has been established (without a permit) in DeWitt Park, which includes a variable number of tents (currently approximately 10), tables, signs, banners, and other "support" facilities, and which is anticipated to be used by between one and 49 participants. "Waiver of park curfew" (10 pm to 5 am) is sought. No limitation on number, size, type or location of tents is specified. Request is for permit to run until December 19, 2011, initially, then to renew automatically thereafter, for two -week increments, "in the absence of a demonstrated code violation." In considering these applications, I reviewed: - Deed (with restrictions) from Simeon DeWitt to First Presbyterian Church (1826) - Agreement between Presbyterian Church and then - Village of Ithaca (1856) - Chapter 336 ( "Parks ") of City of Ithaca Municipal Code - Board of Public Works Policy on Use of DeWitt Park (1992) - Initial permit application from Occupy Ithaca - Revised permit application from Occupy Ithaca - City Attorney's Legal Opinion on Occupy Ithaca's requested use of Park (2011) I consulted with: - First Presbyterian Church - City Attorney - Mayor Carolyn K. Peterson - Common Council I have also drawn upon my 25 -year experience as a management -level employee of the City's Department of Public Works, including 20 years as Superintendent, during which time I have handled scores of requests for use of City parks and other public property, and have been privy to numerous policy discussions on this topic. My conclusions are as follows: - Issuance of the permit as requested: - would be inconsistent with terms of City /Church agreement - Allowing tents to be in place for extended time would tend to interfere with the public's right to use of a substantial portion of the Park, which interference City has a duty under the agreement to "restrain by Law" - Keeping tents in place and the heavy use thus engendered is damaging the lawn (which is inconsistent with City's duty to keep Park in "good and respectable condition ....... at all times ") - would be inconsistent with the provisions of Chapter 336 - Park use is not allowed between 10 pm and 5 am (without a special waiver). - Chapter 336 requires any permittee to provide proof of liability insurance "An Equal Opportunity Employer with a commitment to workforce diversification." P.a Page 2 - would appear to allow activities that are actually subject to other regulations - Camping is not a permitted use in the City, per the zoning ordinance - Residential facilities are not a permitted use in parks - Residential use requires appropriate sanitary facilities - Large tents require Building or Fire Department approval - would be inconsistent with Board of Public Works /City policy on use of DeWitt Park - Allowing the requested "occupation," especially for an extended period of time, is not consistent with maintaining the Park as primarily "a contemplative space in keeping with [the Park's] function as a veterans' memorial and a common space for several churches" and as a "quiet use park." - would be inconsistent with City's past practice, and would represent "special" and unequal treatment of this applicant in comparison to others - City has not allowed individuals or groups to be in Park during closed hours - City has not allowed tents to be maintained in the Park, and has only allowed canopies for more than two or three days (and only as part of a participatory festival) - would violate New York State's "public trust doctrine." - Parkland continuously "occupied" by a certain group (or physical structures), for non - recreational purposes and for weeks, prevents or interferes with its use by the public at large In contrast to most other parks, City considers DeWitt Park to be a "quiet use park." I am told that there have been repeated instances of loud drumming at the encampment, indicating an inability on the part of the applicant to comply with the "quiet use" expectation. I note for the record that neither permit application was submitted in advance of your group's commencement of use of the Park (for tents, etc), which is a requirement of Chapter 336. This denial does not prevent members of Occupy Ithaca (or others) from exercising their right of free speech at a time and in a place and manner that is consistent with the above - referenced conditions and other local regulations. Individuals and smaller -size assemblies (fewer than 50) that do not interfere with other public rights or safety (such as the right to pass freely along a sidewalk, without harassment, or to use any part of a park, or to be free from unreasonable noise) do not need a permit to express their viewpoints, lawfully, while on City land that is normally open to public use. Permits are freely granted for most short -term uses of public spaces, which can involve very temporary physical emplacements (such as tables for literature or open -sided tent shelters for day use), or even temporary street closures (for marches or demonstrations or block parties). Other parks in the City, and other public spaces, are generally not subject to the stricter "quiet use" limitations applied to DeWitt Park, with its unique history. RIGHT OF APPEAL: If you wish to appeal my denial of your application, you may do so, to the City's Board of Public Works. The Board's next meeting is Wednesday, December 14`h, starting at 4:45 pm (in Common Council chambers, P floor of City Hall, 108 E. Green Street). If in writing, your appeal should be submitted to my office (2 "d floor of City Hall) before that meeting. Or, your appeal can be presented orally at the meeting. In either case, you will be offered the opportunity to make a statement and answer questions at the meeting. Please be advised that your current use of the Park (e.g., involving tents and other structures, and occupancy during closed hours), without a valid permi4 is in violation of Chapter 336 and other City laws You are again directed to cease that use, immediately. Tents and other items that are part of this encampment are subject to seizure, removal and disposal, and any persons in the Park during closed hours are subject to the penalties set forth in Chapter 336 or any other applicable statute. William J. Gray, P.E. Date Superintendent of Public Works, City of Ithaca CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ATTORNEY Daniel L. Hoffinan, City Attorney Telephone: 607/274 -6504 Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274 -6507 Robert A. Sarachan, Assistant City Attorney Patricia M. O'Rourke, Assistant City Attorney Krin Flaherty, Associate City Attorney Jody Andrew, Executive Assistant M E M O R A N D U M To: Common Council From: Daniel L. Hoffman, City Attorney, and Krin Flaherty, Associate City Attorney Date: December 7, 2011 Subject: "Occupy Ithaca" Activities in DeWitt Park The trustees of Ithaca's First Presbyterian Church, by agreement dated 1856, entrusted the City of Ithaca with full care, charge, control, and government of DeWitt Park. The agreement provides that the park's primary uses are to be as spelled out by Simeon DeWitt when he donated the space to the church, in 1826, namely, as "a public walk and promenade." The agreement stipulates that "no houses or other buildings except ornamental improvements [may] be erected therein." See Sept 25, 1826 Deed, Book K of Deeds, Page 184. Past and current City administrations have interpreted this deed language to mean that the park should be maintained as a "contemplative space" allowing low impact uses consistent with its function as a veterans' memorial and common space for the churches surrounding the park. See 12/23/92 DeWitt Park Usage Policy Resolution, from Board of Public Works. The Superintendent of Public Works has issued permits for park use on a limited basis, in deference to the deed restrictions limiting obstruction of pedestrian traffic or use, noise, damages to plantings and the lawn. See 10/18/83 Memorandum from Supt Donald Kinsella to Mayor Shaw re: Use of DeWitt Park. It is our opinion that DeWitt Park, though privately owned, must be considered to be "public parkland" for the duration of the agreement, and is therefore subject to New York State's public trust doctrine. Whether land is parkland is determined by deed, legislative enactment, or by implication - as demonstrated through continuous use of the land as a public park. See Matter of Angiolillo v. Town of Greenburgh, 290 A.D.2d 1, 10-11 (2d Dept. 2001), lv. denied 98 N.Y.2d 602, 744 (2002); Matter of Lazore v. Board of Trustees of Vil. of Massena, 191 A.D.2d 764, 765 (3d Dept 1993). An implied dedication of land as parkland exists when the City has shown through acts and declarations a present, fixed, and unequivocal intent to maintain land as park land. New York State Assemblyman v. City of New York, 85 A.D.3d 429, 431 (1 st Dept 2011) leave to appeal denied, 17 N.Y.3d 715 (2011) quoting Riverview Partners v. City of Peekskill, 273 A.D.2d 455, 455, 710 N.Y.S.2d 601 (2d Dept 2000). "An Equal Opportunity Employer with a commitment to workforce diversification." well established that a municipality has the right to establish content - neutral rules narrowly tailored to serve a significant public interest. Make the Rd. by Walking, Inc. v. Turner, 378 F.3d 133, 142 (2d Cir. 2004). These rules may proscribe the time, place, and manner of speech in public forums and must "leave[ ] open ample alternative channels of communications." Travis v. Owego - Apalachin School District, 927 F.2d 688, 692 (2d Cir 1991) quoting Perry Educ. Assn v. Perry Local Educators' Assn, 460 U.S. 37, 45-46, (1983). Here, the City has riot imposed rules as to content. The City has historically not permitted use of DeWitt Park after 10 pm, by individuals or groups. Camping is not a permitted use anywhere in the City, and certainly not on parkland. These rules are narrowly tailored to serve the significant interest of the City in maintaining the park as required by the 1856 agreement and under the public trust doctrine. If the City chooses to deny the Occupy Ithaca request to use the park after hours and to maintain tents and other facilities there, on an ongoing basis, protesters would still have the right, within this or other parks, or on other public land in the City (at any time), to express political opinions freely. Any denial of any portion of Occupy Ithaca's permit application should be supported by the City's significant interest in requiring compliance with the public trust doctrine and its own rules. .Another legal concern is the precedent that is being set by not enforcing the City's rules (regarding the use of parks) for this particular group. Aside from the issue of fairness, if the City continues to allow this, it will be hard- pressed to treat others (including those that may have causes far less palatable to City administrations) differently in the future. We know that the Presbyterian Church is also very concerned about this issue. In conclusion, it is our opinion that DeWitt Park is parkland, and that allowing the Occupy Ithaca. event to continue in its current form, or without significant limitations, would violate the City's obligation under the agreement with the church and under the public trust doctrine, and raise other troublesome legal issues. According to current case law, imposing content - neutral restrictions on the time, place and manner of free speech is not violative of the Occupy Ithaca members' First Amendment rights, so long as such restrictions are narrowly tailored to serve the City's significant interest (e.g., in keeping the park open to all) and other channels for free speech remain open (e.g., protestors could express their views throughout the night on any public sidewalk or at other non - park venues). "An Equal Opportunity Employer with a commitment to workforce diversification." WORK ORDER FORM REQUEST • USE A CITY PARK Tracking Number: 4442120111 Date Time Received: 12/5/2011 1:11:30 AM Created By: Phillip Price (Citizen) CONTACT •- • Phillip Price phillipaustinprice @gmail.com (607) 768 -0404 308 S. Corn St Ithaca /NY/14850 REQUEST Sponsoring Organization: General Assembly of Ithaca, NY Which park are you requesting to use? (If you don't know the name of the park, please indicate the location.) DeWitt Park Purpose of the Event: (Please be specific) Exercise of 1 st amendment rights to free speech and assembly. Date(s) of Event: 11/21/2011 - 12/19/2011 Time Event Begins: 1:00pm Time Event Ends: 10:00am Number of Expected Participants: 49 Will amplified sound be utilized? No Are special provisions requested? (i.e. electric, traffic control, etc.) Yes If special provisions are requested, please explain your request. 1. We request to exercise our 1st amendment rights after 10pm - waiver of park curfew. WORK ORDER FORM REQUEST • USE • CITY PARK Tracking Number: 4442120111 Date Time Received: 12/5/2011 1:11:30 AM Created By: Phillip Price (Citizen) REQUEST • -• 2. Automatic renewal of permit for additional two week period in the absence of a demonstrated code violation. Request 48 hours of advanced notification if there are relevant municipal code violations. e.g. fire, noise, and /or alcohol. REQUEST ACTIVITY 12/5/2011 1:11:30 AM -- No activity Reported. 12/5/2011 1:11:30 AM -- Phillip Price (Citizen) - SUBMITTED Date Comments: ------------------------------------- Authorized Signature J - 6 -7 �? � we- (JOY b�-n 4�5 m �nb�r- / Zh //( /O✓1��. / QGGI�.pt, �i �'l�A. /n 7�YrY7� Pry Oly�' �i rS f' a-m� Gym �7' f Y'a��, � ✓o -- RECEIVED DEC u 9 2Ull Office of the Supt, and - 6ng ffi€rfng 9.2 2012 Trash and Yard Waste Disposal Rates — Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, the Board of Public Works has reviewed and discussed information from the Solid Waste Division and the Chamberlain's Office regarding trash tags, and WHEREAS, the Common Council has accepted the recommendation in the Mayor's 2012 Budget Narrative stating that trash tag rates should remain at the 2011 rate, and WHEREAS, Common Council has accepted the recommendation that a new yard waste disposal fee be established, now therefore be it RESOLVED, That the Board of Public Works hereby retains the purchase price of the 35 lb. trash disposal tag at $3.50 per tag, effective January 1, 2012, and be it further RESOLVED, That the Board of Public Works hereby establishes a yard waste disposal fee of $1.50 for each bag or bundle of not more than 50 lbs. of yard waste, effective January 1, 2012. A Vote on the Resolution Resulted as Follows: Ayes (5) — Acharya, Morache, Peterson, Jenkins, Wykstra Nays (1) — Goldsmith Abstention (0) Carried (5 -1) Approved Nov. 16, 2011 Page 14