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02-03-16 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, February 3, 2016, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 The J. Diann Sams Annual African-American History Month Recognition Award – Resolution (resolution to be distributed under separate cover) 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7.1 Announcement of the Availability of the 2016 Annual Disclosure Forms of the Mayor and Common Council 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau – Amendment to the 2016 Personnel Roster for the Youth Bureau - Resolution 8.2 Department of Public Works - Reallocation of Position – Fleet Manager - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 An Ordinance to Amend Chapter 95 of the City of Ithaca Municipal Code entitled “Police Department” to add Article I entitled “Officer Next Door Program” 9.2 Ithaca Urban Renewal Agency (IURA) - Housing Fund, Funding Round #10– Authorize Disbursement of $165,000 Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution 9.3 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code entitled “Commons” to Repeal and Replace the Chapter in its Entirety 10.2 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code entitled “Exterior Property Maintenance” Section 178-3 entitled “Standards for Grounds and Exterior Property” and Section 178-10 entitled “Enforcement” 10.3 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations” Regarding Taxicabs 10.4 Endorsement of Initial Revisions to the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) - Resolution 10.5 A Resolution Concurring with the Board of Public Work’s Determination to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of Adams Street 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: Common Council Meeting Agenda February 3, 2016 Page 2 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution 14.2 Reappointment to Rental Housing Advisory Commission – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 2, 2015 Common Council Meeting Minutes - Resolution 18.2 Approval of the December 31, 2015 Special Common Council Meeting Minutes - Resolution 18.3 Approval of the January 6, 2016 Common Council Meeting Minutes - Resolution 19. 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 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: January 28, 2016 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau – Amendment to the 2016 Personnel Roster for the Youth Bureau - Resolution WHEREAS, the Ithaca Youth Bureau has proposed to add one full time (35 hour) Program Coordinator for Individuals with Disabilities and decrease the currently vacant Recreation Specialist for Individuals with Disabilities position from 40 hours to 35 hours; and WHEREAS, these changes will allow Recreation Support Services (RSS) to form a youth program team and an adult program team; and WHEREAS, this new staff structure will better meet the needs of participants, fulfill contractual obligations and utilize staff expertise more efficiently; and WHEREAS, no additional funds are being requested and these changes will be completed within the approved 2016 budget; and WHEREAS, the Youth Bureau has worked with the Human Resources Department to develop the staffing transition plan now; therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows: Add: One (1) Program Coordinator for Individuals with Disabilities – 35 hours Decrease: One (1) Recreation Specialist for Individuals with Disabilities from 40 hours to 35 hours And; be it further RESOLVED, That said roster amendment will be made within existing funds of the 2016 authorized Youth Bureau Budget. “An Equal Opportunity Employer with a commitment to workforce diversification.” Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” TO: City Administration Committee FROM: Liz Vance, Director Suki Tabor, Deputy Director RE: Youth Bureau Roster Amendment DATE: January 7, 2016 The Youth Bureau is requesting permission to amend the 2016 Recreation Support Services roster. A recent vacancy gives us the opportunity to restructure the program staff to better meet the needs of participants, fulfill contractual obligations and utilize staff expertise more efficiently. The restructuring creates a promotional opportunity for qualifying Specialists in Recreation for Individuals with Disabilities. We would like to: Add: 1 full time (35 Hours) Program Coordinator for Individuals with Disabilities. Decrease: 1 Recreation Specialist from 40 hours to 35 hours With the new structure in place we will have a youth team and an adult team in place to provide services. Each team will have a Program Coordinator and 2 Recreation Specialists to implement programming. The proposed amendment will be made within existing funds of the approved 2016 Youth Bureau budget. We have worked closely with the Human Resources Department to develop this position and restructuring of the Recreation Support Services Program. We anticipate a formal adoption by the Civil Service Commission after their review at the January meeting. 8.2 Department of Public Works – Re-allocation of Position – Fleet Manager - Resolution WHEREAS, the Department of Public Works assigned increased responsibilities for the implementation and advancement of the City’s Green Fleet Policy, New York State Department of Environmental Conservation (NYSDEC) certification requirements for DPW’s fuel site operation, and the management of the City vehicle fleet to the position of Motor Equipment Maintenance Supervisor; and WHEREAS, after assuming and performing these responsibilities for the past few years, the Motor Equipment Maintenance Supervisor requested a formal review of his position pursuant to the terms of the City Executive Association contract; and WHEREAS, the review determined that the responsibilities cited are being performed, and that the logical and most cost-effective means of accomplishing these tasks and meeting the NYSDEC certification requirements is by assigning them to the Motor Equipment Maintenance Supervisor position; and WHEREAS, the Civil Service Commission incorporated these tasks and responsibilities into the Motor Equipment Maintenance Supervisor job description, and simultaneously retitled the position as Fleet Manager to more comprehensively reflect the work being performed; and WHEREAS, the Human Resources Department conducted a point factor analysis of the position as it is currently being performed and determined that the current grade allocation of the Fleet Manager position is incorrect; now, therefore, be it RESOLVED, That the position formerly known as Motor Equipment Maintenance Supervisor and now titled as Fleet Manager be re-allocated from Grade C to Grade A of the City Executive Association Compensation Plan; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for the title of Fleet Manager shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 10/13/81 Revised: 06/15/93, 05/19/97, 09/15/10, 12/09/15 Title changed from Motor Equipment Maintenance Supervisor 12/09/15 FLEET MANAGER DISTINGUISHING FEATURES OF THE CLASS: The work involves responsibility for planning, coordinating, supervising and directing the procurement, maintenance and repair of City gasoline and diesel-powered, self-propelled and non-self-propelled motor driven equipment, vehicles and stationary equipment. The incumbent also oversees, schedules and manages the City motor vehicle pool. Additionally, the incumbent is responsible for managing the stock room and parts inventory for the Department of Public Works. The Fleet Manager is also responsible for implementing, supporting and advancing the City’s “Green Fleet” initiatives, by researching and implementing alternative fuels, vehicles and technologies that help achieve the City’s goals. The work is performed under the general supervision of the Assistant Superintendent of Public Works with wide leeway allowed for the exercise of independent judgment in carrying out details of the work. Supervision is exercised over the work of supervisory, skilled and semi-skilled motor equipment maintenance staff, and stock room staff. Does related work as required. TYPICAL WORK ACTIVITIES: Plans, schedules, supervises and assigns maintenance and repair jobs, based on employee skill level, maintenance and repair schedules and work priorities, and indicates the nature of repair and maintenance work to be performed; Plans, schedules, and oversees preventive maintenance for vehicles and equipment, following manufacturer preventive maintenance recommendations and requirements; develops preventive and predictive fleet maintenance programs; Observes the work performed, and inspects and approves completed jobs to insure that schedules are met and that the quality of the work is satisfactory; Maintains, develops, updates and expands the use of a comprehensive fleet management database and trains staff on its operation; Implements and enforces safety procedures and standards for all maintenance shop operations; Maintains records of service and repair history; reviews repair history for individual pieces of equipment for the purposes of identifying equipment failures and trends; Recommends the purchase, repair or rebuilding of defective parts to keep both vehicle and equipment downtime and repair costs to a minimum; Recommends modification to existing motorized equipment, and changes in specifications for new equipment to improve or eliminate apparent maintenance and repair problems; Purchases supplies and equipment including preparation of requisitions and checking on deliveries; Tracks status of vehicle warranties; Insures that service and claims covered by warranty are properly performed, and that the work performed by manufacturer's representatives is satisfactory; Oversees the operation of the City vehicle pool; Oversees the stockroom operation and insures that proper levels of parts inventories are maintained; Writes specifications for purchase of new and used vehicles and equipment based on department needs and City’s Green Fleet initiatives and objectives; Develops, implements and promotes City-wide policies that govern the acquisition, maintenance, use and disposal of vehicles, while working with City departments to reduce underutilized vehicles and eliminate older, high maintenance units from the fleet; Oversees and administers fuel contracts and automated fuel site; Fleet Manager Page 2 Typical Work Activities - continued Researches alternative fuels and vehicle technologies and makes recommendations that further progress toward the City’s Green Fleet initiatives and objectives; Maintains updated diagnostic software for all vehicles in the fleet; Develops, trains, assigns, evaluates, counsels and disciplines staff; Coordinates and schedules technical training opportunities for line mechanics; Supervises and participates in the skilled diagnosis, repair, and maintenance of gasoline and/or diesel-powered vehicles on an as-needed basis; Ensures inspection, registration and insurance requirements are met for all vehicles; Ensures shop meets all environmental and safety regulations, including waste oil disposal, fire suppression for fueling island, etc.; prepares all corresponding reports and maintains required records; Assists in preparation of the annual operating budget by recommending budget requirements for the maintenance shop including staffing, parts, supplies and equipment needs; Performs risk management duties for vehicle and equipment damage, including claims investigations, recovery and subrogation; Confers with department heads and the Assistant Superintendent of Public Works to coordinate maintenance schedules and shop activities to insure the most effective utilization of staff and equipment and that work is completed according to schedule; Works with the Mayor’s Office and the Green Fleet Committee to implement, adhere to, develop and expand the City’s Green Fleet Policy; Prepares and maintains a variety of narrative, statistical and cost records and reports; Prepares technical bid specifications for vehicles and equipment; Maintains the City’s capital asset list of vehicles and equipment. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS: Thorough knowledge of the practices and techniques of mechanical, electrical, electronic and hydraulic repairs on gasoline or diesel-powered automotive and heavy construction equipment; thorough knowledge of the operation and use of automotive and motor driven equipment, including construction equipment; thorough knowledge of the use of automotive repair parts, equipment, materials and supplies; thorough knowledge of the operation and maintenance of automotive repair shop equipment; good knowledge of methods and practices of supervising automotive mechanic repair shop operations; good knowledge of safety rules and regulations applicable to motor equipment repair shop operations; working knowledge of welding and automotive body repair practices and techniques; ability to plan, organize and supervise automotive repair shop activities; ability to plan and supervise the work of others; ability to train subordinate skilled automotive repair personnel; ability to read and interpret technical automotive repair manuals, circuit diagrams and blueprints; ability to make accurate diagnoses of mechanical, electrical and hydraulic problems for gasoline and diesel-powered self- propelled and non-self-propelled equipment; ability to communicate effectively, both orally and in writing; ability to research and analyze new alternatives and trends in fuel efficiency and technology; ability to effectively manage a modern fleet management data and inventory tracking system; ability to prepare narrative, statistical and cost reports; ability to prepare vehicle and equipment bid specifications; ability to successfully work with and serve a diverse local community; physical condition commensurate with the demands of the position. Fleet Manager Page 3 MINIMUM QUALIFICATIONS: A. Graduation from a regionally accredited or New York State registered two-year college with an Associate's degree in Automotive Technology or a related field and five (5) years of full-time paid experience, or its part-time paid equivalent, as a skilled Automotive Mechanic, two years of which shall have been in a supervisory capacity; or B. Graduation from a high school technical or other vocational program in automotive repair and six (6) years of full-time paid experience, or its part-time paid equivalent, as a skilled Automotive Mechanic, two years of which shall have been in a supervisory capacity; or C. Graduation from high school or possession of a high school equivalency diploma and seven (7) years of full-time paid experience, or its part-time paid equivalent, as a skilled Automotive Mechanic, two years of which shall have been in a supervisory capacity; or D. An equivalent combination of training and experience as defined by the limits of (A), (B) and (C) above. SPECIAL REQUIREMENTS: A. Possession of a valid New York State Class D driver license or a valid driver license equivalent to a New York State Class D driver license at the time of appointment and maintenance of said license for the duration of employment. B. Possession of a valid New York State Motor Vehicle Inspectors License at the time of appointment and maintenance of said license for the duration of employment. C. Candidates must become certified by the New York State Department of Environmental Conservation as a Class A/B Fuel Site Operator within one (1) year of appointment and must maintain said certification for the duration of employment. 9. CITY ADMINISTRATION COMMITTEE: 9.1 An Ordinance to Amend Chapter 95 of the City of Ithaca Municipal Code entitled “Police Department” to add Article I entitled “Officer Next Door Program” WHEREAS, the Common Council, the Mayor, and the Police Chief, have explored and do support the creation of an “Officer Next Door” program (the “Program”) in one area of the city, namely that area known as West Village; and WHEREAS, in the future, the City may identify additional areas of the city experiencing higher crime rates in which such a program could also be useful; now, therefore ORDINANCE __-2016 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. The Program presents strong potential to benefit public safety in the City, both in the specified Program Zones and beyond, and both on private and public property. 2. The Chief of Police and the Mayor have identified and expressed their support for the foregoing expectation of public benefit. 3. Section 55-5 of the City of Ithaca Municipal Code entitled “Code of Ethics – Gifts” prohibits City officials and employees from accepting or receiving any gift having a value of $75 or more, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. 4. Officers receiving housing under this program will be rendering a public service, as solicited and administered by the Ithaca Police Department; and thus will not be receiving a gift in violation of Section 55-5 of the City Code. 5. The City Attorney has opined in accord with the foregoing. 6. While not directly relevant in the City of Ithaca, the New York City Conflicts of Interest Board has opined in Advisory Opinion 97-02 that officers of the New York City Police Department may participate in a Resident Police Program similar to the “Officer Next Door Program” created by this ordinance without violating the conflicts of interest limitations placed on those officers by the New York City Charter. Section 2. Creation of Article I. Chapter 95 of the City of Ithaca Municipal Code entitled “Police Department” shall be amended to create Article I entitled “Officer Next Door Program” which shall read as follows: Officer Next Door Program (1) Purpose and Intent: The purpose and intent of this Article is to increase community policing and reduce crime by encouraging and enabling officers of the Ithaca Police Department to reside in specified Program Zones. (2) Program Zones: The Program shall only operate in those Officer Next Door Program Zones (“Program Zones”) identified in the following list, as amended by the Common Council from time to time: that area containing tax parcels adjoining West Village Place, Abbott Lane, or Chestnut Street (including those areas commonly known as “West Village” and “Chestnut Hill Apartments”). (3) Administration: The Program will evaluate and, at the discretion of the Chief of Police, accept for Program participation one or more housing units made available, on a solely voluntary basis, by property owners or lessees within a Program Zone, said housing units to be offered for Program participation at a discount of not less than 50% off of the market rate applicable to each unit made available. All City officials and City employees are expressly forbidden from soliciting property owners or others to volunteer housing units in connection with this Program. (4) Selection: Upon availability to the Program of one or more housing units, or upon subsequent vacancy of such units, the Chief of Police shall make available within the Department an application for participation in the Program. Upon application by interested officers, participants in the Program shall be selected by the Chief of Police based upon factors including, but not limited to, relevant experience and community policing ability. (5) Requirements: Minimum requirements for officer participation in the Program shall include: a. A commitment by the officer to maintain full-time residence in the Program Zone for a minimum period of one year. b. Certification that the officer has not resided in the Program Zone during the twelve (12) months preceding the date of their application for Program participation, excepting residence that commenced anytime between September 1, 2015 and December 31, 2015 and that either did not extend beyond May 1, 2016 or did so extend in the form of approved participation in the Program. c. Execution by the officer of a waiver and release, as approved by the City Attorney, releasing the City and the Department from any and all liability and cost, statutory, regulatory, judicial, or otherwise arising from the Officer’s participation in the program, residence in the housing unit, and any associated or related activities, incidents, injuries, or damages arising at any time that the officer is not entitled to hourly compensation from the Department for services rendered in the course of employment. (6) Lease Agreement: Once notified of the Chief of Police’s approval of an officer’s application for participation in the Program, the selected officer may arrange and execute, at exactly the rate of discount previously offered to the Program for that particular housing unit, a lease that, if executed, shall be solely between the officer and the landlord. The City shall not be a party to said lease and shall not be financially responsible or liable in connection with the lease for any costs, damages, fees, or other payments due by either party to the lease to anyone at all. (7) Gifts: Participation in the Program, if in full compliance with this Article, shall not constitute a violation of Section 55-5 of the City 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 upon publication as provided for in the City Charter. 9.2 Ithaca Urban Renewal Agency (IURA) - Housing Fund, Funding Round #10– Authorize Disbursement of $165,000 Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution WHEREAS, pursuant to an executed Memorandum of Understanding (MOU), the Program Oversight Committee for the Community Housing Development Fund (CHDF) recommends that the City of Ithaca approve Round #10 funding assistance for the following affordable housing projects: Amount: $80,000 Applicant: Habitat for Humanity of Tompkins and Cortland Counties Project Name: Breaking Ground: Habitat for Humanity’s inaugural Ithaca Builds! Project Summary: Construction of 2 new ownership units at 101-107 Morris Avenue, Ithaca, NY Amount: $85,000 Applicant: Ithaca Neighborhood Housing Services, Inc. (INHS) Project Name: Scattered Site New Construction 2015 - INHS Project Summary: Construction of 8 new for-sale housing units at two sites: 7 units at 210 Hancock St., Ithaca, NY, and one unit at 304 Hector Street, Ithaca, NY, and WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 18, 2015, to review recommendations from the Application Review Committee of Round #10 funding applications for new affordable housing projects; and WHEREAS, the City of Ithaca is represented on the POC by former Alderpersons J.R. Clairborne and Chris Proulx, and former member of the Ithaca Urban Renewal Agency (IURA), Doug Dylla; and WHEREAS, the CHDF was established in 2009, and renewed in 2015, by (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $100,000 annually; and WHEREAS, the Common Council determined that City contributions to the CHDF should be used to assist projects located within the City of Ithaca; and WHEREAS, City funds committed to the Housing Fund for the above listed projects are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project at 110 Dryden Road, and are held by the IURA; and WHEREAS, the POC recommends Round #10 funding of $500,000 for the following three affordable housing projects: Community Housing Development Fund Round #10 Recommended Funding Awards Applicant Project # Afford. Units Location Funding ($1,000s) Cornell County City Total Habitat for Humanity Breaking Ground 2 owner- occupied (C)Ithaca -101-107 Morris Ave. 0080 80 INHS Scattered Site New Construction 2015 8 owner- occupied (C)Ithaca -210 Hancock St -304 Hector St. 235085 320 INHS 210 Hancock Redevelopment 6 add’l rental (C)Ithaca -210 Hancock St. 01000 100 Totals 235100165 500 and, WHEREAS, on May 26, 2015 the City of Ithaca Planning & Development Board, acting as Lead Agency, issued a negative declaration that the 210 Hancock Redevelopment project, including owner-occupied units, will result in no significant impact on the environment; and WHEREAS, construction of single-family and two family residences is a Type II action under SEQR/CEQRO, therefore no environmental review is required for the proposed projects at 101-107 Morris Avenue or 304 Hector Street; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $80,000 to Habitat for Humanity of Tompkins and Cortland Counties, and an additional expenditure of up to $85,000 to Ithaca Neighborhood Housing Services, Inc., from the City’s contribution to the Community Housing Development Fund to implement the above listed affordable housing projects; and, be it further RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency; and, be it further RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. Tompkins County Property Viewer Map is user generated and is to be used as a reference only. Data layers are not guranteed to be accurate or up-to-date. 3,000 © Tompkins County GIS 500.0 DO NOT USE FOR CONVEYANCE OR NAVIGATION Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0500.0250.00 This map was automatically generated using Geocortex Essentials. Your tax dollars at work! Notes Address Curbs Stroutes Stroads Muni Citations World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations Tompkins County Property Viewer Map is user generated and is to be used as a reference only. Data layers are not guranteed to be accurate or up-to-date. 3,000 © Tompkins County GIS 500.0 DO NOT USE FOR CONVEYANCE OR NAVIGATION Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0500.0250.00 This map was automatically generated using Geocortex Essentials. Your tax dollars at work! Notes Address Curbs Stroutes Stroads Muni Citations World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations 1 Publish Date: March 25, 2015 Revised: ORDINANCE NO. 2015-04 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City of Ithaca Municipal Code entitled “Commons” be amended as follows: Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the following: Article I. General Provisions; 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/East Martin Luther King, Jr. 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 East State Street/East Martin Luther King, Jr. 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/East Martin Luther King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. 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 BUSINESS IMPROVEMENT DISTRICT A not-for-profit business improvement league which engages in the following program areas for downtown Ithaca: business retention and development; promotions and marketing; government 2 Publish Date: March 25, 2015 Revised: relations; image marketing. The Ithaca Downtown Business Improvement District is also known as the Downtown Ithaca Alliance (DIA). 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. SHOPPING CARTS Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated that is generally provided by merchants/stores for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. 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 must 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 non-rigid valance may hang no greater than one foot below the rigid frame. 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 may 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 non-rigid valance may hang no greater than one foot below the rigid frame. SUPERINTENDENT Unless otherwise stated, “Superintendent” shall refer to the City of Ithaca’s Superintendent of Public Works or his/her designee. § 157-4. Creation of Board; responsibilities. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of ten total members including: one representative from the Common Council, and six members appointed by the Mayor with the approval of Common Council. Membership shall be balanced between members inside and outside of the Downtown Ithaca Business Improvement District. The Executive Director of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will serve 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. 3 Publish Date: March 25, 2015 Revised: 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 six members. (5) Action. Action may be taken by vote with a quorum of six 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 through electronic notification 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; issuance of permits. [1] Use of the Commons for, and scheduling of, any of the following purposes: [a] Entertainment. [b] Cultural, social, civic, religious, and educational events. [c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts. [2] 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 through electronic notification, authorize the issuance of a permit. The Board may authorize the Chair alone, or the City ClerkSuperintendent, 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. 4 Publish Date: March 25, 2015 Revised: (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, 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 ClerkSuperintendent or the Commons Advisory Board include: 5 Publish Date: March 25, 2015 Revised: (1) Commons use permits, including pavilion reservations, event permits, information table permits, and driving on the Primary Commons. For information on Commons loading zones, see §157-9G. (2) Use of amplified sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud-natured acoustical musical instruments, such as horns, drums, and other percussion instruments. (3) Animals. Licensed dogs are allowed on the Primary Commons by permit only, pursuant to §157-12. for residents and businesses on the Commons, with written permission from the property owner. The permit allows the dog to be brought onto the Primary Commons by the shortest and most direct path to and from the business or residence. It does not allow the dog to be on the Primary Commons in any other way. The permit is valid for one year from the time of issuance, and must be carried with the dog’s owner at all times. (4) External speaker permits for businesses on the Commons which utilize external sound systems that project onto the Commons. (5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons space permits for use by the Downtown Ithaca Alliance. (6) Mobile vending agreements. B. Permit issuance. (1) All requests for permits must be submitted to the City Clerk'sSuperintendent’s of Public Work’s office. The City ClerkSuperintendent, or his/her designee, may ask for additional information, and/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 specific time, duration, and location of the proposed use or activity. It may also include any special conditions or restrictions that should be placed on the permit. Permits will be approved by the City ClerkSuperintendent 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 ClerkSuperintendent or his/her designee. The applicant will be notified of the Board's decision within five business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the City ClerkSuperintendent, his/her designee, 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 Publish Date: March 25, 2015 Revised: (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 business days of the decision. (7) The City ClerkSuperintendent 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 all materials, displays, products, equipment, and volunteers. (2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time and to leave the Commons in the same or better condition than when the event began. See also § 157-18A. Maintenance GuidelinesCleaning and Repairing (3) To remove and properly dispose of all litter and trash created by the 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 ClerkSuperintendent, that liability insurance in an amount to be determined based on the nature of the event has been obtained, naming the City of Ithaca as an “Additional Insured” on the certificate. (6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca. (7) To provide a security deposit, when required by the Superintendent of Public Works, or the Commons Advisory Board or the City Clerk, to cover anticipated cleaning and repair costs. (8) To show proof, when required, of various documents including a New York State sales tax certificate or Tompkins County Health Department certificate. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business 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, socioeconomic status, or weight. § 157-7. General Commons rules; signs, displays and temporary planters. A. The following rules apply to all uses and activities on the Primary Commons: (1) The fire lane is to be kept open and free of any obstructions at all times. No exhibit or item will be permitted to locate in the fire lane. 7 Publish Date: March 25, 2015 Revised: (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the Commons. Amplified sound is allowed on the Commons by permit only, pursuant to §157-8. On weekdays, amplified sound is allowed from 11:00 a.m. to 2:00 p.m. Monday - Friday; and 5:00 p.m. to 9:00 p.m. Sunday – Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers are required to schedule 20 minutes of quiet time for every hour of amplified sound. Requests to extend the hours of amplified sound may be made to the Commons Advisory Board. These regulations do not pertain to Special Events that are regulated under §132-7 of the City of Ithaca Municipal Code. (3) Requests for multiple permitted events (3 or more) in a calendar year by a single user, requires approval by the Commons Advisory Board. Requests for weekly recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays. (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 upon written request from the event organizer. Reapplication for a permit will not be required. (5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and businesses is prohibited. (6) No person shall litter, throw, or scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons shall not be permitted without a valid permit, except that the sale of event-specific items and items related to, and being sold by, a not-for-profit organization, or a business located on the Primary/Secondary Commons shall be allowed pursuant to approval and permit by the City ClerkSuperintendent and/or Commons Advisory Board. (8) Promotional, advertising, banners or other materials are not to be placed across the Commons or affixed to any pavilion or other infrastructure, except in cases where a permit has been approved. (9) No person shall climb upon or permit minors in his/her custody to climb upon any structure other than a designated play structure, public art piece, light pole, tree, or planter on the Commons (other than a designated play structure). This includes, but is not limited public art pieces, light poles, trees, fountain, or planters. (10) No items or animals shall be leashed, affixed or bound to any light pole, tree, planter, pavilion or other infrastructure on the Commons, except in cases where approval by the Superintendent of Public Works or the City Clerk has been granted. (11) 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. (12) Aggressive solicitation is prohibited pursuant to Chapter 250-9 of the City of Ithaca Municipal Code. 8 Publish Date: March 25, 2015 Revised: (13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the Commons Advisory Board. (14) Shopping Carts as defined in §157-3 above are not allowed on the Commons. B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have signs and/or displays, to advertise the business in that location. Outdoor display of goods and merchandise are limited to the items sold within the retail establishment, subject to the following restrictions or privileges: (1) There may be a total of two freestanding signs or displays per business entrance, regardless of the number of businesses or organizations within the building. Where the word "sign" is used alone hereinafter, it refers to a sign or display. (2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Signs may not extend beyond the building face or extend 7 feet from the building front. For the Secondary Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb of the street in front of their building face, not blocking the opening of car doors or access to parking meters/pay stations, or bike racks, and must allow at least 60 inches (five feet) for a pedestrian right-of-way between the sign and the buildings. (3) All signs must be made of durable material and be heavy enough to remain in place in all weather and must present a professional appearance. (4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or broken sections. Outdoor signs and displays must not include any objects with sharp edges, protrusions or other features which may be hazardous to the public. (5) Merchandise displays may be 60 inches tall. Displays may not extend beyond the building face or extend beyond 7 feet from the building front. The display base shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough to remain standing in all weather. Displays must be maintained in good condition. The owner of signs or displays must keep the area around them clear of snow and debris on and around the signs at all times. See also § 157-18A. Maintenance GuidelinesCleaning and Repairing (6) Temporary planters for flowers and plant display shall abut the building and extend no more than 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 24 inches tall at the lip of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled with plants or flowers, and must be kept free of snow and debris in and around the planters. See also § 157-18A. Maintenance GuidelinesCleaning and Repairing (7) No sign, merchandise display or planter may block or obstruct a fire suppression system affixed to a building or impede traffic flow in or out of building entrances. (8) Businesses with outdoor dining permits must keep their signs, merchandise displays and planters within their designated outdoor dining area. 9 Publish Date: March 25, 2015 Revised: (9) All signs and merchandise displays must be taken in at the close of the business day and during inclement weather conditions. See also §157-18A. Maintenance GuidelinesCleaning and Repairing (10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie Milton Pavilion and the four entrances to the Commons (Aurora Street, Cayuga Street, Seneca Street and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes. (11) Outdoor food sales are not permitted during Special Events on the Commons. Outdoor dining establishments with an agreement with the City are exempt from this provision. (12) The building owner shall be liable for any violations under this Section. The building owner is responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in determining the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner may not charge any fees for the use of a sign in public space. § 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. Refer to City of Ithaca Municipal Code Chapter 240 entitled “Noise” for further information. 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 mallarea. 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. to 2:00 p.m. Monday - Friday; and 5:00 p.m. to 9:00 p.m. Sunday – Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers are required to schedule 20 minutes of quiet time for every hour of amplified sound. Approval of a noise permit by the Commons Advisory Board or its designee is required. Sound levels are subject to immediate volume reduction upon request by any City official, staff member of the Downtown Ithaca Alliance, or member of the Commons Advisory Board. Requests to extend the hours of amplified sound may be made to 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 ClerkSuperintendent, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard conditions. § 157-9. Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Primary Commons between the hours of 6:00 am and 9:00 a.m. each day of the week except on days when major festivals are planned. A valid pay and display ticket shall be visible on the dash of each vehicle. All vehicles shall enter the Primary Commons on the West end (Cayuga Street) and exit on the 10 Publish Date: March 25, 2015 Revised: East end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear access should continue to use that space for deliveries and service work. Vehicles may not be unattended for more than 5 minutes. No parking of vehicles is allowed. Any vehicles remaining on the Primary Commons after 9:00 a.m. shall be subject to towing at the owner’s expense. Requests to drive a vehicle on the Primary Commons during other hours, vehicles with a gross weight over 10,000 pounds, and vehicles with trailers, require additional consideration and a permit issued by the City ClerkSuperintendent. Permits will only be issued for a two hour time period. B. No vehicle shall operate at a speed greater than five miles per hour. The use of a flagger and/or hazard flashing lights is required for any permit granted by the City ClerkSuperintendent. C. If it is necessary for vehicles to operate in reverse gear while on the Primary 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 Primary Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Municipal and utility vehicles will be permitted on the Primary Commons for the minimum time necessary to complete their task. Notification of such shall be made to the City ClerkSuperintendent’s office prior to beginning the work, when possible. F. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids occur, the set guidelines for removal of stains on concrete pavers, listed in this ordinance established by the Department of Public Works must be followed. See also §157-18A. Maintenance GuidelinesCleaning and Repairing G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Primary 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 strollers 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 Primary Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure in any such manner as to constitute a hazard to pedestrians, traffic or property. Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a short-term and/or daily basis only. C. Bicycles may be impounded for the following reasons: 11 Publish Date: March 25, 2015 Revised: (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 by the Ithaca Police Department warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be 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 sold or consumed on the Ithaca Commons except by special permit approved by the Common Council for a specific date, location and duration. Liquor and general liability insurance may be required in an amount to be determined based upon the nature of the event; but, in no case, shall it be less than $1,000,000.00. Insurance certificates must name the City of Ithaca as an “Additional Insured” for the duration of the event. § 157-12. Dogs and Other Animals. A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to Service animals providing assistance to people with special needs 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 ClerkSuperintendent for a special permit. Such permit shall be conditional upon compliance with all City laws and ordinances pertaining to animals, and as outlined above in §157-5(3). 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 in the shortest and most direct route possible. 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 ClerkSuperintendent. 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 12 Publish Date: March 25, 2015 Revised: 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. In addition, a valid New York State dog license is required, and must be presented at the time of application for the permit. 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 four primary Commons entrances (Home Dairy Alley, 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. §157-13. Posting of bills and notices. A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited. §157-14. Newsracks. The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board. §157-15. Refuse. Commons businesses and residents will be allowed 24/7 access to a secure disposal facility. Private trash and recycling will not be collected on the Primary Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bags. In the event that the transport of trash results in drippings or leaking fluids on the Commons, the guidelines for cleaning stains established by this ordinance are to be followedthe Department of Public Works must be followed. See also §157-18A. Maintenance Guidelines.Cleaning and Repairing Fines will be imposed for users who abandon unaccepted items or who dispose of trash without using an authorized bag. §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. 13 Publish Date: March 25, 2015 Revised: 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. A. 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 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 Commons. This provision shall not relieve the City from performing normal, routine cleaning and maintenance activities. 1.B. Maintenance and Snow Removal Guidelines (1) Stain Removal GuidelinesGuidelines will be developed by the Department of Public Works in accordance with best practices, with approval from Board of Public Works, and will be updated as needed. Guidelines will be made available through the Superintendent’s office and listed on the City’s website. i. The City recognizes that during the regular use of the Commons, spills, drippings, and other stains may occur on occasion. In order to maintain the integrity of the pavers, the following are guidelines for removal of common stains and should be observed whenever possible: Treatment for Common Stains Stains Treatments 1. Oil and grease Soak up excess oil with rags. Then cover with an oil absorbent material, like kitty litter. Leave on stain for 24-48 hours, and then sweep dry. Another option would be to apply a 100% pure citrus degreaser, directly to stain, and then blot up with a rag and hose area down. 2. Chewing Gum Apply small amount of dry ice and then scrape off with a putty knife or apply 100% pure citrus degreaser, apply directly to gum marks and scrape off. 3. Paint Use rags to remove excess paint by blotting, do not wipe, it will spread the paint around. If the paint is a latex, water based, soak with hot water and scrub by using detergent with a stiff bristled brush. Rinse periodically, repeat as necessary. Oil, paint Formatted: Font: (Default) Arial, 11 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: Bold, Underline Formatted: Font: 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: 11 pt 14 Publish Date: March 25, 2015 Revised: and sealer remover is a specialized cleaner that can be applied after oil-based paint has dried. Follow manufactures instructions. 4. Leaf and Wood Rot Apply household bleach and scrub with a stiff bristled brush. 5. Mortar Try to remove immediately with a garden hose. If that is not possible, let it harden and remove with a scraper or putty knife. 6. Tobacco Apply household bleach and scrub with a stiff bristled brush. 7. Rust Stains Directly apply Rust Stain remover to the effected spots to lift these types of stains. Contact Hanover® for specific material. 8. Grease drippings from food, ketchup, mustard Apply general concrete paver cleaner to these types of stains. 9. Clay Soils Scrap off the dry built-up material with putty knife, scrub and rinse off with hot water. A detergent may be necessary to release the stain. 10. Tar Apply 100% pure citrus degreaser. Apply directly to stain, blot up with a rag and then hose area down. 11. Tree Sap Apply 100% pure citrus degreaser. Apply directly to stain, blot up with a rag and then hose area down. 12. Concrete dust from cutting Rinse immediately with water and/or use a cleaner designed for cleaning concrete pavers Please Note: If the stains are severe and cannot be removed, pavers can be replaced with new materials. Unlike other paving materials, concrete pavers will not have the extreme unsightly patch marks. 2. Snow Removal Guidelines i. Snow Removal 1. For removal of snow on the Primary Commons surfaces, only rubber or nylon tipped shovels or snow blowers may be used. Snow blowers should not contain chains on the tires, as they could damage the face of the pavers. ii. De-Icing 1. Rock salt should never be used on the Primary Commons Surfaces For ice melting, Magnesium Chloride may be used, but should be swept off of the surface once the ice is melted. §157-19. Fees. 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. §157-20. Street Performers Formatted: No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: No bullets or numbering Formatted Formatted 15 Publish Date: March 25, 2015 Revised: Street performers and acoustical musicians may perform on the Ithaca Commons between 10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All street performers shall locate along the edge of the fire lane and must remain mobile at all times in case emergency vehicles require access to the area. Performance equipment and materials may not be left unattended. Street performers must move to a different location every 45 minutes. The Commons Advisory Board reserves the right to designate specific areas for street performers. The use of amplified sound or fire during a performance is only allowed by permit from the Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion instruments require a noise permit from the Commons Advisory Board. Performers are responsible for monitoring and controlling the volume of sound they make and must reduce the volume upon the request of the Ithaca Police Department, City Clerk staff, Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board. Performers may accept voluntary donations but shall not base their performance upon payment or aggressively solicit contributions. Performers must not be under the influence of alcoholic beverages or controlled substances while performing. Ithaca Police Officers may require performers to relocate or leave the Commons area if they are creating a disturbance that negatively impacts the businesses or residents in the area. At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter associated with the performance or audience. Article III. Outdoor Dining §157-21. Applications; rules of operation; permits; appeals. A. The City ClerkSuperintendent or his/her designee shall review and consider outdoor dining applications for food establishments on the Primary and Secondary Commons. No establishment shall be permitted to use City property for outdoor dining purposes without an approved permit in place. Applications shall include the following documentation: (1) Certificate of general liability insurance in an amount to be determined based upon the nature of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of Ithaca as an “Additional Insured”. (2) Proof of worker's compensation insurance. (3) If alcohol is to be served, additional liquor liability insurance is required in an amount to be determined, but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as an “Additional Insured”. (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. 16 Publish Date: March 25, 2015 Revised: (1) The dining area shall be adjacent to the business holding the agreement. On the Primary Commons, the area may not extend out from the building more than 7 feet. The dining area shall not impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront on the Commons. (2) The dining area shall be physically defined. Establishments serving alcohol require approval from Common Council through the City Clerk’s office. (3) The business owner shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining furniture may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons. (5) Outdoor dining applications must be submitted and approved annually. (6) Furniture and fixtures, signs, and means used to define the dining area, will be allowed only during the approved dining hours and within the sidewalk markings provided by the City. Permittees shall be held responsible for the actions of their staff and customers. (7) The area used is subject to periodic review by City staff. (8) Any permittee who violates §157-21 B (6) regarding the placement of outdoor dining furniture and fixtures shall receive a written warning for the first violation. The permittee shall be liable for a civil penalty of $250 for the second violation in a twelve-month period, $500 for the third violation in a twelve-month period, and $1,000 for the fourth and subsequent violations in a twelve-month period. In lieu of a $1,000 fine, the permittee may agree to a temporary permit revocation of seven consecutive days within the month the violation is served. (9) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. The business owner is responsible for removal of stains or drippings in accordance with the guidelines for stain removal established by this ordinancethe Department of Public Works. See also §157-18A. Maintenance GuidelinesCleaning and Repairing. (10) 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. (11) 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. (12) 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. 17 Publish Date: March 25, 2015 Revised: The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (13) The Commons Advisory Board shall have the right to terminate or re-instate the agreement. Such decision shall become effective immediately. (14) 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. (15) 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, socioeconomic status, or weight. C. The City ClerkDepartment of Public Works shall be authorized to issue permits to the Downtown Ithaca Alliance for placement of tables and chairs for dining and leisure purposes on the Primary and Secondary Commons during the 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 ClerkSuperintendent'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 §157-22 Mobile Vending Cart Regulations: A. Types of vendors on the Commons: (1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to check with the Tompkins County Health Department and Ithaca Fire Department regarding their regulations. (2) Non-food/merchandise for sale/services. (3) See §157-28. Exceptions B. Definition of Mobile Vending: selling food/beverage/merchandise/services from a wheeled carrier that can move easily without the use of a vehicle or power source. Carts must be battery- operated and completely self-contained as the City does not provide water or electric to the vendors. The use of generators is prohibited. C. Cart Construction Requirements: Vending carts are required and must be constructed in a professional manner and using methods and techniques associated with good craftsmanship. (1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from the ground; flame resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18 inches beyond the side of the cart. Canopies and awnings must be fastened to all corners. Umbrellas must be “windproof” using a standard metal umbrella holder with a locking devise permanently attached to the cart. (2) Box carts: box carts – carts that are shaped like a square or rectangular box, having a permanent roof, four permanent sides and limited see-through ability- are not permitted. 18 Publish Date: March 25, 2015 Revised: (3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both coolers are required to be stored on the same dolly. Each food vendor is required to have one dolly. Coolers must be pressed up against cart or no more than 6” away from cart. All coolers must be kept in a clean and sanitary condition free of dirt, grime, grease. (4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not attached, they must be heavy enough to withstand considerable winds or other natural elements. (5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart. (6) Height: Maximum of eight feet (from pavement to highest point of the cart). (7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu. Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting not approved by the Commons Advisory Board must be removed immediately. (8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are preferred. Wheel chocks may be used. (9) Mats: Required for food/beverage vendors only. Clean solid, matfire retardant tarp, minimum 12 square feet, in front of each food cart to capture spilled food/beverage and waste. No exception. Staff may require additional mats as needed (under grill area for example). Mats should be rolled up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of any drippings or stains that occur at their location. Vendors must use the guidelines for stain removal established by this ordinancethe Department of Public Works. See also §157-18A. Maintenance GuidelinesCleaning and Repairing (10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions. (11) One structure only: Cannot use more than one structure per vendor location. (12) See-through ability: Must be able to see through at least two sides of the cart at all times. (13) Signage: Product brand names, related to products being sold, are permitted on umbrellas. All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272 entitled “Signs”. (14) Tables: No free-standing tables. Built in, folding-down tables attached to the actual vendor cart are acceptable, provided they have been approved by the Commons Advisory Board. (15) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash bags must always be used. Vendor must also have a recycling container. The vendor must follow the strict “carry in/carry out” policy of the City of Ithaca. Vendors may not use Commons trash receptacles. Vendor may use the secure trash facility used by Commons businesses through the purchase of an access key and authorized trash bags. (16) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable. (17) Shopping carts are not allowed as part of the mobile vending space. §157-23. Mobile Vending Locations. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The City ClerkSuperintendent's office shall maintain and make available to the public a map of approved vending locations. §157-24. Hours of operation. 19 Publish Date: March 25, 2015 Revised: Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts must be removed from the Primary 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. §157-25. Agreements. A. The City ClerkSuperintendent may issue agreements for mobile vending on the Primary Commons pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board annually. The City ClerkSuperintendent may refuse to issue an agreement: (1) If there are no eligible vending sites available. (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 ClerkSuperintendent or his/her designee. Fees include, but may not be limited to application fee, security deposit, and use fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code entitled “Use of Real City Property” (2) A description of the type of merchandise, service, food or beverage menu to be offered for sale. (3) Price list of each item being sold. (4) A description and photograph of the cart to be used. (5) 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. (6) A certificate of liability insurance in an amount to be determined but in no case shall it be less than $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”. (7) Proof of New York State Worker's Compensation and Disability insurance; or New York State Worker's Compensation and Disability exemption certificate completed. (8) Applicant shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (9) A written description of waste disposal plans for trash, water, grease, and other materials. (10) Proof of 501(C)(3) designation, if applicable. (11) The City ClerkSuperintendent may require additional information from the applicant if deemed necessary. 20 Publish Date: March 25, 2015 Revised: (12) Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the City ClerkSuperintendent within 10 days of the change. C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the SuperintendentCity Clerk will prepare a mobile vending agreement between the vendor and the City of Ithaca. The SuperintendentCity Clerk’s office will maintain the original agreement on file in their office. 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. Vendors must comply with guidelines for stain removal established by this ordinancethe Department of Public Works. See also §157- 18A. Maintenance GuidelinesCleaning and Repairing. 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 nonrefundable. F. Requested site location. Sites are listed on the Mobile VendingCommons Amenities Map obtained from the office of the Superintendent of Public Works. Site preference consideration will first be given to returning vendors, and then on a first-come basis. If two returning vendors request the same site, the site will be awarded on a first-come, first-serve basis. §157-26. 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) 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 Commons and shall be so duly insured. B. 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, socioeconomic status, or weight. §157-27. Rules of operation. The following are the mobile vending rules of operation: A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment within their assigned site. 21 Publish Date: March 25, 2015 Revised: B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. D. Vending carts must be attended at all times. E. All carts and equipment must be removed from the vending site at the close of business each day. F. All vendors must maintain the submitted list of items for sale and prices throughout the agreement period unless special permission is granted by the SuperintendentCity Clerk or the Commons Advisory Board. G. 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. H. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and be responsible for the appropriate removal and disposal thereof. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. I. 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. If spills do occur, the vendor is responsible for using the guidelines for proper removal of stains established by this ordinancethe Department of Public Works. See also §157-18A. Maintenance GuidelinesCleaning and Repairing J. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by the vendor. K. If a vending site remains vacant for three consecutive weeks without notification to the SuperintendentCity Clerk's office, it will be considered abandoned and re-assigned, with no refunds issued. L. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. M. The City does not provide water or electric service to mobile vendors. N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance. §157-28. Suspension or revocation of agreement. A. The City may terminate a mobile vending agreement at any time without cause, in which case the vendor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. 22 Publish Date: March 25, 2015 Revised: 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 Commons Advisory Board no sooner than ten (10) days after requesting such a hearing, in writing. 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 Commons Advisory Board shall have the right to terminate or reinstate 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. §157-29. 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 include days on which it is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca Alliance will take place on the Commons. A listing of these events and dates shall be maintained by the City Clerk. The vendor will be required to make application to the event coordinator and pay any additional fees as required. Vendors may be relocated from their assigned spot during the event, at the discretion of the event coordinator. Vendors must follow the rules of each event. Vendors interested in vending during special events should contact the Downtown Ithaca Alliance, or Ithaca Festival offices, or other event coordinator for information regarding vending requirements for those special events. §157-30. 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. §157-31. Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the SuperintendentCity Clerk's office within ten (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 V. Exceptions; Penalties 23 Publish Date: March 25, 2015 Revised: § 157-32. 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 SuperintendentCity Clerk's office, Department of Public Works or his/her designee, the Fire Department or the Police Department. §157-33. 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. §157-34. Penalties for offenses. Except as otherwise provided, any violation of the provisions of this law shall be punishable as a civil offense in accordance with §1-1, of the City of Ithaca Municipal Code. Section 2. Severability. 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 notices as provided in the Ithaca City Charter. Formatted: Strikethrough CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E. Superintendent Telephone: 607/274-6527 Fax: 607/274-6587 “An Equal Opportunity Employer with a commitment to workforce diversification.” MEMORANDUM TO: Common Council FROM: Kathy Servoss, Executive Assistant Frank Nagy, Director of Parking Michael J. Thorne, P.E., Superintendent of Public Works DATE: October 27, 2015 RE: Proposed Commons Use Fees Commons Advisory Board discussed proposed fees for the use of the Commons and makes the following recommendations to begin on January 1, 2016: Monday – Thursday Friday – Sunday Bernie Milton Pavilion Up to 2 hours $15 $25 2 – 4 hours $25 $35 4 hours and up $40 $50 Approved by Commons Advisory Board (carried 7-1) Small Events Up to 2 hours $5 $10 2 – 4 hours $10 $20 4 hours and up $20 $30 (Fees are lower during the week to encourage more activity downtown) Approved by Commons Advisory Board (carried 7-1) Electric Outlet Use 7 days/week Per Receptacle per day $20 (Fee covers staff time to unlock and lock electrical bollards) Approved by Commons Advisory Board (carried unanimously) The Board of Public Works discussed these proposed fees and recommends that Common Council make a final determination of Commons Use Permit fees. kds Back-Up Item 10.1 Recommendation for Changes to Chapter 157, Commons Ordinance By Commissioner Greene: Seconded by Commissioner Darling WHEREAS, Common Council updated City Code Chapter 157, “Commons,” on March 4, 2015; and WHEREAS, the Commons was opened on July 31, 2015, after three years of construction; and WHEREAS, responsibility for the Commons, including maintenance and permits, was transferred from the City Clerk’s office to the Superintendent of Public Works in 2015; and WHEREAS, the Commons Advisory Board recommended minor changes to City Code Chapter 157 to the Board of Public Works to reflect the transfer of responsibilities; and WHEREAS, the Board of Public Works discussed the changes on November 23, 2015; now, therefore be it RESOLVED, That the Board of Public Works recommends that Common Council amend City Code Chapter 157, “Commons,” as recommended by Commons Advisory Board. Carried Unanimously 10.2 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code entitled “Exterior Property Maintenance” Sections 178-3 entitled “Standards for Grounds and Exterior Property” and 178-10 entitled “Enforcement” ORDINANCE 2016-__ WHEREAS, Chapter 178 of the City of Ithaca Municipal Code entitled “Exterior Property Maintenance” establishes Exterior Property Maintenance requirements for properties throughout the City; and WHEREAS, The city of Ithaca recognizes and affirms that clear and accessible sidewalks are a priority for the city as a matter of protecting our citizen’s civil rights to effectively use the sidewalk and pedestrian infrastructure within the city; and WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of this chapter, along with certain time periods by which some violations are defined; and WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common Council to lower the civil penalties and address the issue of lids missing from garbage containers; now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower schedule of civil penalties applicable to violations of this chapter, including taking account of the minor nature of violations comprised only of lids missing from garbage containers. Section 2. Section 178-3 Paragraphs A and B shall be amended to read as follows: A. All grounds on the exterior of the premise and all porch areas 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]24 hours, is removed. B. All garbage, when stored outside or when stored in a porch area, 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] site. 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 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 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. For purposes of this paragraph, “stored” shall mean located in a general vicinity for at least 24 hours. Section 3. Section 178-10 Subparagraphs A(1) and A(2) of Section 178-10 shall be amended to read as follows: A(1). Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $25 for the first violation at a property within a six-month period, $50 for a second violation at the same property within a six-month period, [$200 for a third violation at the same property within a six-month period, ]and $100 [$300] for a third [fourth] or subsequent violation at the same property within a six-month period. For any fine not paid within six months of the date of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount due, such late penalty waivable for good cause shown. A(2). Any property owner and/or agent who violates any provision of § 178-3 E, G, I or J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent violation at the same property within a twelve-month period. Any property owner and/or agent who violates §178-3 (B) solely insofar as to fail to have a tight- fitting lid in place on garbage containers shall be liable for a civil penalty of $10 for each such violation. Any property owner and/or agent who violates § 178-3(G), (I) or (J) regarding obstruction and/or safety of walkways shall be liable for a civil penalty of $40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent violation at the same property within a twelve-month period. Section 4. 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 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. Date: January 21, 2016 Back-Up Item 10.2 To: Common Council From: Seph Murtagh, Planning and Economic Development Committee Chair Re: Changes to Exterior Property Maintenance Ordinance Attached you’ll find a draft ordinance that includes some recommended changes to the city’s Exterior Property Maintenance Ordinance. This is in response to a request from the city’s Rental Housing Advisory Commission to amend the ordinance, which has been a source of frustration for city residents and property owners. Chiefly, problems have arisen in two areas: 1) the lack of adequate notification of violations, and 2) the fines, which are felt to be excessive (especially in the category of garbage can lids). The Planning and Economic Development committee has reviewed the legislation and – in conjunction with the recently created email notification system, which has already helped to address some of the notification issues – are proposing the following changes: 1) 24-hour warning period for violations related to litter, solid waste, and garbage stored outside. Those signed up for the city’s email notification system would get an email warning about an offense, and if the problem is fixed within 24 hours, no ticket will be written. (This change does not apply to snowy sidewalks, which must be cleared 24 hours after the snow begins to fall. This rule would stay in effect). 2) Lower civil penalties for violations. Fines for garbage-related offenses would be lowered across the board to $25, $50, $100 (for 1st, 2nd, 3rd offense in a 6-month period) from the current rate of $25, $50, $200, $300 (for 1st, 2nd, 3rd, 4th offenses in a 6-month period). Fines for sidewalk-related offenses (such as failure to remove snow or obstructing overgrowth from sidewalks) would stay at the current rate of $40, $60, $100 (for 1st, 2nd, 3rd offenses in a 12-month period). This is to reflect the value our community places on safe access to sidewalks. 3) Fines for lids off of garbage cans would be lowered to $10. This would not escalate. If you have any questions, please feel free to contact me at jmurtagh@cityofithaca.org. Sincerely, Seph Murtagh 10.3 An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations” Regarding Taxicabs ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are hereby amended to read as follows: §232-57. Taxicab Driver's license required; qualifications. No person shall operate or drive a taxicab without having in force and effect a taxicab driver's license in accordance with the provisions of this article. No person shall be issued a taxicab driver's license unless such person: A. Has a valid New York State chauffeur's license. B. Is over the age of 18 years. C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant shall produce a physician's medical certificate signed by a licensed physician, physician's assistant, or nurse practitioner dated not more than 30 days prior to the application certifying that the applicant is physically qualified to operate a motor vehicle. D Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of drugs. E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. Shall not have been convicted of a felony involving violence, dishonesty, deceit or indecency nor any sexual offense. F. Shall not have been convicted of driving with ability impaired or intoxicated due to alcohol or drugs while operating a taxicab. G. Shall not have been convicted of leaving the scene of an accident which resulted in personal injury or death for five years from the date of the last conviction. H. Shall not have been convicted, as a first offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs for five years from the date of conviction. I. Shall not have been convicted, as a second offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs. §232-58. Application for taxicab driver's license; investigation and refusal. A. Contents. (1) Every applicant for a taxicab driver's license shall submit a signed and sworn application upon such forms as shall be required by the Chief of Police, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Chief of Police in the interest of safety, health and welfare. Such information that is required by the Chief of Police shall include but not be limited to a statement giving: (a) The full name and place of residence of the applicant. (b) The applicant's date of birth, height, color of eyes and hair and place of birth. (c) Whether or not the applicant is a citizen of the United States. (d) Places of employment for the previous five years. (e) Whether the applicant has ever been convicted of a felony or misdemeanor. (f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for what cause. (g) The chauffeur's license number issued by the state. (2) Submit a certification of physical examination to be signed by a licensed physician, physician's assistant, or nurse practitioner. (3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of Police. B. False information; effect and action thereon. Any false statement by the applicant for a taxicab driver's license shall be cause for refusing the license or revoking the license after it is issued, and any such false statement shall be promptly reported by the Chief of Police to the District Attorney. C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her application two unmounted, unretouched, good-likeness photographs of the applicant, full face size, two inches by two inches. The face portion shall not be less than 1 ¾ inches high, with the balance in normal prospective proportion. The photograph shall be taken within 30 days of the date of the application by means of a permanent, nonfading process. The applicant shall be hatless in the photograph. A copy of the photograph shall be filed with the application and another copy attached to the license to be issued hereunder. If the applicant does not have the means to produce such photograph, the Ithaca Police Department will make arrangements to have the photograph taken. D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police Department and shall furnish a set of fingerprints have fingerprints taken every three years. The criminal history report that is returned with the fingerprints shall be submitted to the Ithaca Police Department as part of accompany the application. which shall be kept on file as a permanent record. E. Authorization for investigation. Accompanying each application, the applicant shall furnish to the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the applicant permitting any person to divulge and report to the Chief of Police any matter which might otherwise be confidential, without limitation except as required by law. F. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for hearings. §232-64. Taxicab licensing procedures. A. Taxicab license application. Application for taxicab licenses shall be made by the owner of each business on forms to be furnished by the Chief of Police. The completed application shall contain: (1) Owner information: the name, date of birth, address, telephone number and record of all convictions of crime, if any, of: (a) Owners. (b) Managers having immediate charge of taxicabs. (c) Beneficial holders of 25% or more of stock of corporate applicants. (2) Prior license history of owner: whether the owner has been previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars thereto. (3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the year, the engine and body serial number, the state registration number, the length of time and mileage that the vehicle has been driven and the seating capacity according to its trade rating. (4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license application shall be submitted by the applicant for each vehicle in operation. In addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage requirements of this article are complied with, and reinspection of said each vehicle may be made from time to time by the Chief of Police or his/her designee. Each vehicle shall be submitted to a New York State inspection annually at least once every six months. (5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000 per person and $50,000 per accident for personal injuries, and $10,000 per accident for property damage. (5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as specified by the City, which such minimum levels shall be updated from time to time, and shall be available for review on the City's website and/or in person at the Ithaca Police Department. B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York State Department of Motor Vehicles for use as a taxicab. C. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. D. Issuance of license. (1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a taxicab license upon determining: (a) That there are no false statements or concealed facts in the application. (b) That all application requirements have been satisfied. (c) That each and every applicant, as specified in subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. (d) That there are no other grounds for refusal. In this regard, the license may be refused for any reason which, in the opinion of the Chief of Police, may be detrimental to the best interest of the general public both in welfare and safety, provided that, in the making of such determination, the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be subject to hearings as provided by this article. (2) Such license shall be for a period of 12 months from the date of issuance, unless sooner revoked. E. Renewal of taxicab license. The same procedures shall be followed as for original applications. Every person to whom an owner's license is issued shall have the right to renew said license within 30 days of the expiration date, provided that the other requirements of this article are complied with. § 232-68. Suspension or revocation of taxicab vehicle for hire business licenses. A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion of the Chief of Police if the a vehicle is used for criminal business or purposes or if the licensed owner is convicted of a violation of this article. B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Automatic revocation. In the event that any person to whom a taxicab license is issued has such license suspended on three occasions, such owner's license shall be revoked. [Deleted and reserved for future use.] §232-70. Taxicab rates. A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of Ithaca," which said map and schedules, appended herewith, are hereby declared to be a part of this article.[1] Schedule A therein depicts the base zone charges, for one passenger, for a trip between the designated zones. Schedule B depicts the fuel cost recovery surcharge which may be added to the applicable base zone charge, as set forth in Subsection B below. A. The rate for taxicab fares that originate and terminate within the City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00. B. Except as otherwise provided in Subsection C D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts. shown on said map and schedules, or, for additional passengers, as shown on said schedules and as set forth in Subsection C below. At least once every three years, during the month of April, the amounts shown on said map and schedules shall be reviewed by Common Council to determine if the rate schedule in force at the time remains appropriate. Taxicab rates shall be reviewed by Common Council at the request of an owner of a licensed taxicab company but not more than once every calendar year. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca, together with the full text of the city's rate law and a copy of the most recent applicable fuel surcharge confirmation, are available upon request from the driver of this taxicab, according to City ordinance." B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: East Hill Plaza $11.00 Cayuga Medical Center $11.00 Malls/Triphammer Area $12.00 Convenient Care $15.00 Ithaca College $11.00 Tompkins County Airport $17.50 TC3 $31.00 Trumansburg $30.00 Fuel cost recovery surcharge. Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone charge for a taxicab passenger, subject to the following. This surcharge is based on the following findings: (a) The estimated average length of a taxicab trip is 6.8 miles; (b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel; (c) Thus, the average taxicab trip uses .45 gallons of fuel; (d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed to be an additional $0.05. (2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at each level of current gasoline prices is included in Schedule B of the aforementioned Taxicab Zones and Rates Schedules. (3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be determined as of October 1, 2006, and shall be determined and adjusted as of January 1, April 1, July 1 and October 1 of each year thereafter. (4) For the quarter commencing on each such effective date, the amount of the surcharge shall be based upon the average, regular conventional retail gasoline price per gallon in New York State, as reported by the U.S. Department of Energy, Energy Information Administration (or its successor agency), for the date which is 10 days before each of the effective dates set forth immediately above. (5) The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of the City of Ithaca, at least five days before each of the effective dates set forth above, which confirmation shall be made available by that time at City Hall and on the City of Ithaca’s internet website. (6) No taxicab owner or driver may charge or collect any fuel surcharge unless: (a) The surcharge sought is the surcharge amount then in effect; (b) The owner or driver has procured written confirmation by the office of the City Controller of the surcharge currently in effect; and (c) The owner or driver can display a copy of said confirmation to the passenger, prior to collection of the fare. C. D. Rate rules. (1) Zone line rates. When the destination of the taxicab is the dividing line between two zones, the fare for the lesser zone will be charged. Children. One child five years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five years unaccompanied by an adult. Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of $1.15 in regulated fares. Additional passengers. A taxicab driver may charge $01.50 fare for each additional passenger of the same party and same destination. Late night surcharges. 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. Baggage. No charge will be made for two suitcases, no larger than two feet by two feet by six inches in size, and one travel bag for each passenger. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A charge of $0.25 for each additional grocery bag shall be authorized. A $3.00 surcharge will be charged for oversized luggage and trunks that weigh 50 pounds or more. Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped with suitable racks. Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, non-solicited voluntary tipping is permitted. Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. Group rides. No taxicab driver shall carry any person other than the passenger first employing the taxicab without consent of such passenger. Exclusive rides. A passenger may request an exclusive ride through dispatch when arranging for transportation. If a passenger is not willing to share a ride with others, a $3.00 surcharge will be applied to the regular fare. Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of $2.50 for each additional five minutes or any portion thereof. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters notify a police dispatcher so that a police officer can respond to help mediate the dispute. If the passenger then makes payment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk police officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be implemented by Common Council. This surcharge will be added to the base fare. §232-72. Suspension, revocation or refusal to renew licenses; hearings. A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab license and may refuse to approve an application or a renewal thereof for any of the following reasons: (1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions of this article. (2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or any other person directly or indirectly interested in the application for a taxicab license was the former holder or was an officer, director, partner or stockholder in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended. (3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a licensee in the best interest of the public welfare and safety. (4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a violation of this article, or the licensee is convicted of a criminal offense such that he or she fails to meet the standards as embodied in Article 23-A of the New York Correction Law. (5) In the event that any licensee has such license suspended on three occasions, the license shall be revoked automatically. B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked or who has had a renewal refused or any individual to whom an initial license has been refused shall be granted a hearing before the Community Police Board within 30 days after written request therefor has been made to the Chief of Police. At the hearing, such person shall have an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The Community Police Board is authorized to affirm, reverse or modify in any respect the action of the Chief of Police. Section 2. Section 232-69 (A)(1) is hereby amended to read as follows: §232-69. Operating regulations. A. Drivers' rules. Every person operating a taxicab for business purposes licensed pursuant to this article shall: (1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request in the City unless previously engaged or unable or forbidden by the provisions hereof so to do. of this ordinance or any other applicable law. Notwithstanding the foregoing, no driver licensed under this chapter shall discriminate on the basis 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; socioeconomic status; or weight of such individual. Section 3. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850‐6590 OFFICE OF THE CITY CLERK Telephone: 607-274-6570 Department of Public Information & Technology Julie Conley Holcomb, City Clerk Fax: 607-274-6432 Back-Up Item 10.3 MEMORANDUM To: Planning and Economic Development Committee From: Julie Conley Holcomb, City Clerk Date: January 5, 2016 Subj: Proposal to Revise Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” The purpose of this memo is to provide information regarding a proposal to revise the Taxicab Ordinance to reflect a new rate structure for fares commencing and terminating in the City of Ithaca and to revise language that will bring the City into compliance with New York State law regarding the use of criminal background information. The City’s current rate structure for taxicab fares is complicated and confusing to the users of taxis. Staff is recommending that the rate structure be modified to set a day-time standard fare ($7.50 between 6:00 am – 6:00 pm) and a night-time standard fare ($8.00 between 6:00 pm – 6:00 am). In addition, local, licensed taxicab companies have agreed to establish and legislate rates for trips to common destinations that commence in the City but terminate outside of the City limits such as the airport, the Shops at Ithaca Mall, Cayuga Medical Center, etc. Although these fares are slightly higher than the current rates that were last adjusted in 2006, a number of the “a la cart” style additional fees will be eliminated as part of this proposal. This leaves the taxicab users with a predictable fare that they can plan in advance for. A gasoline fuel surcharge will also be eliminated; however, there is a mechanism for reactivating the surcharge should gasoline prices exceed $4.00 per gallon for a period of 30 days or longer. Exclusive rides can be pre-arranged through the taxi company dispatch center for an additional surcharge of $3.00. City Code language needs to be updated to reflect changes to New York State Correction Law regarding how the City can consider convictions of criminal charges for taxicab drivers and taxicab driver applicants when issuing or revoking licenses. The City Attorney’s Office drafted the appropriate language for these sections of the Ordinance. This proposal has been discussed with, and agreed upon by, a majority of the owners of licensed taxicabs operating in the City and has been discussed several times with the Planning and Economic Development Committee. In response to comments received by the Records Unit of the Ithaca Police Department, (the taxicab licensing agency), language in the proposed Ordinance was updated to reflect that an individual owner of a licensed taxicab company can request a review of the taxicab rate structure but no more than once per year. I also updated language regarding how disputes in fares should be handled – by calling a police dispatcher and having a police officer assist in the mediation of the dispute. The two references to a “Desk Officer” have been removed as the Ithaca Police Department no longer staffs that position. If you have any questions or concerns about this proposal, please feel free to contact me at (607) 274-6570 or jholcomb@cityofithaca.org. 10.4 Endorsement of Initial Revisions to the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) - Resolution WHEREAS, On July 5, 2000, the Common Council unanimously requested that the Tompkins County Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for development of multi-story buildings within a density target area encompassing the downtown Central Business District, the West State Street corridor, the West End, and Inlet Island; and WHEREAS, that program was accepted by the IDA in 2001 and remained in operation for five years; and WHEREAS, in 2006, the City endorsed the continuation of an IDA program of local tax abatements, as a tool for encouraging appropriate real estate and business investment in the urban core of the city; and it requested the IDA establish the Community Investment Incentive Program(CIIP) ― through which, projects would be reviewed by the community and evaluated by Common Council against a long list of potential community benefits, and (if endorsed by Common Council) proposed for recommendation by the Mayor to the IDA as eligible for tax abatements; and WHEREAS, in the six years that the CIIP was in operation, only one developer was able to successfully obtain a tax abatement; and WHEREAS, the original intent of the CIIP was to encourage developers to invest in the community; however, the program, as it was established, was found to act as a disincentive for developers, because the process was too cumbersome, time consuming, and expensive, so in 2012 a working group was established to review and revise the program; and WHEREAS, in 2012 the City passed a resolution encouraging the Tompkins County Industrial Development Agency to continue a density incentive program as a revised and renamed Community Investment Incentive Tax Abatement Program (CIITAP), which had only three criteria for City approval: a density requirement, a location requirement, and a minimum size requirement; and WHEREAS, in 2014, the Common Council recommended an additional criteria be added that required an applicant to list all properties that they or any of their partners are owners or partial owners of that are located within the City in order to show that no property under their ownership was delinquent on any fines, taxes, inspections or permits; and WHEREAS, in 2015 the Mayor formed a working group to recommend reforms to CIITAP that would: A. Retain the program as an effective tool to incentivize smart growth and discourage sprawl and B. Improve the program’s ability to deliver broad community benefits that may include An increased use of local labor An increase in living wage job creation More environmentally friendly building Increased economic opportunities for people of all backgrounds, and WHEREAS, the working group recommended an increased incentive for projects that provide significant local construction labor participation, but lacked solid data on “local” labor utilization on downtown projects; and WHEREAS, a “local” construction worker is recommended to be defined as a worker who resides in Tompkins County or one of the six adjacent counties; and WHEREAS, the Common Council for the City of Ithaca seeks to encourage greater utilization of local labor in CIITAP projects and collection of data to better understand the existing level of “local” workers utilized downtown construction projects as it contemplates further recommended revisions to the CIITAP; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby amend the City CIITAP policy to require applicants to satisfy the following local labor requirement: Require developers to commit to (A) document they will widely solicit construction bids from local subcontractors in all major trades utilized on the project and (B) submit monthly certified payrolls reporting the County of residency of all workers on the site during construction; and, be it further RESOLVED, That the Common Council hereby requests the Tompkins County Industrial Development Agency require CIITAP applicants to satisfy the City’s local labor requirement as a condition of approval. To: Common Council From: Jennifer Kusznir, Economic Development Planner Date: January 19, 2016 RE: Proposed Amendments to City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) The purpose of this memo is to provide information regarding a proposal to revise the City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP). At the January Planning Committee meeting, staff presented a proposal to amend CIITAP. The proposal included various amendments to the existing program, including additional base level requirements for applying for any abatement under this program. After extensive discussion at the meeting, the Committee decided that the proposal required additional work and further discussion, with the exception of the language pertaining to the local labor requirement. Enclosed for your consideration is a revised application, with additional language underlined and highlighted in yellow, that will require an applicant to submit monthly payroll reporting of all workers on site during construction with a summary of how many employees reside in Tompkins or one of the 6 adjacent counties. In addition, applicants would be required to show proof that they have solicited bids from local sub-contractors for all major trades required for the construction of their projects. Also enclosed is a draft resolution to request that the Tomkins County Industrial Development Agency (IDA) recognize the amended program. In addition to these proposed changes to the CIITAP ordinance, the Planning Committee will be discussing additional possible changes at the next meeting and may be forwarding additional recommended changes in the coming months. If you have any concerns or questions regarding any of this information, please feel free to contact me at 274-6410, jkusznir@cityofithaca.org. CITY OF ITHACA 108 E. Green St. — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 9 I. Objective In conjunction with the goals of the Tompkins County Comprehensive Plan, the objective of CIITAP is to encourage development in the City that would increase jobs, increase the tax base, promote density in the city core, encourage rehabilitation and redevelopment of underutilized sites, and help create a vibrant downtown center. Specifically the goals, as stated in the Tompkins County Comprehensive Plan, are as follows: ■ Strengthen and enhance the City of Ithaca’s downtown area as the urban center of the county. ■ Increase the amount and density of housing and business space in the central business districts throughout the county. ■ Promote greater density by encouraging development of existing ‘gaps’ left by abandoned buildings and vacant parcels. II. Eligibility Criteria Project sponsors applying for tax abatement(s) under the City of Ithaca Community Investment Incentive Program must meet the following size, density, location, and municipal compliance requirements: 1.) Project Size Requirement ― In order to meet the minimum project size requirement to be eligible for tax abatements under CIITAP, a project must provide a letter from the Tompkins County Assessment Office that states that the project will result in an estimated increase in the assessed value of the property by at least $500,000. 2.) Project Density Requirement ― In order to meet the minimum density requirement to be eligible for tax abatement under CIITAP, a project must either: Contain a minimum of 3 occupiable stories in height. or Must be a major restoration of an existing structure. 3.) Project Location Requirement ― In order to meet the location requirement to be eligible for tax abatement under CIITAP, a project must either: The Community Investment Incentive Tax Abatement Program (CIITAP) is a property tax abatement program that allows property owners to apply for abatement for a portion of their property taxes for a period of up to 7 years. 2 Be located in the City of Ithaca Density District or Be a redevelopment of a Brownfield site that is registered as a DEC inactive hazardous waste site (www.dec.ny.gov/cfmx/extapps/derexternal/index .cfm?pageid=3) 4.) Municipal Compliance – Each property in the City of Ithaca owned by the Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and penalties due to the City. Properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant, or their partners has an ownership interest of 20% or more. Partners shall include any partners owning 20% or more of the project LLC, Corporation, or project equity. 5.) Local Construction Labor- Applicants are encouraged to hire locally wherever possible. For the purposes of this application, local is defined as anyone residing in Tompkins County, or any of the 6 contiguous counties of Cayuga, Seneca, Schuyler, Chemung, Tioga, and Cortland Counties. In order to be eligible for a tax abatement an applicant must commit to the City in writing that they will meet the minimum local labor requirements described below, and will submit to the IDA the following information: . Proof that the General Contractor has solicited bids from local sub- contractors for all major trades required for the construction project, including electric, plumbing, carpentry, masonry, and HVAC. a. Monthly payroll reporting of all workers on site during construction with a summary of how many employees are “local.” The reporting should include the address, zip-code, and total payroll amount per employee. Preliminary eligibility is determined by the City of Ithaca CIITAP Committee, which consists of the Mayor, the Director of Planning and Development and the Director of Community Development for the Ithaca Urban Renewal Agency. Preliminary eligibility will be based on the applicant’s commitment to the above-stated criteria. Once preliminary eligibility has been determined, the Mayor will provide a letter of endorsement to the Tompkins County Industrial Development Agency (IDA). The final eligibility will be determined by the IDA.(See Section IV for the complete application process.) III. Density District Boundary 3 IV. Incentive Package Property Tax Abatement ― The standard CIITAP property tax abatement will begin at 90% in year one and decrease in equal increments over seven (7) years. Applicants may request an enhanced property tax abatement that begins at 100% in year one and decreases in equal increments over ten (10) years, if the applicant can demonstrate financial need, as determined by a review by IDA administrative staff of the project pro forma, and demonstration of an annual return on investment less than 20% in the first five years. The abatement will only impact taxes on improvements to the property and not taxes on the existing value. The IDA retains the ability to offer more than the standard abatement package, based on an analysis of the impact on the economy, the needs of the business, and input from the City of Ithaca. The IDA may negotiate additional abatements based on financial need. Sales Tax Abatement – The applicant will be exempt from both the local and State portion of sales tax on construction materials, equipment, and furnishings associated with the project. Mortgage Recording Tax – The applicant will be exempt from the State portion of the Mortgage Recording Tax ($2.50 per $1,000). V. Application Process Tompkins County Area Development, Inc. (TCAD) provides administrative and marketing services to the IDA. Potential applicants should contact the City Planning Division to schedule a meeting with Planning staff and TCAD staff, to determine project eligibility. 4 If the project appears eligible, TCAD will assist with completing the application for assistance. It is strongly advised that potential applicants schedule the initial eligibility determination meeting as early in the process as possible, in order to determine if the dollar value of the proposed incentives exceeds the associated fees. Based on the nature of the project and the incentives requested, the following will occur: 0. Eligibility Determination Meeting ― A developer seeking a tax abatement under this program must first have a joint meeting with staff from TCAD and the City Planning Division. 1. CIITAP Application ― A developer must submit a completed CIITAP application to the City of Ithaca Planning Division. The application will be reviewed for completeness and will be submitted to the Mayor for consideration. 2. Public Information Session ― The City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media. The developer is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting. 3. City Approval ― A City CIITAP Review Committee, consisting of the Mayor, the Director of Planning and Economic Development, and the Director of Community Development for the IURA, will consider project approval, based on the stated criteria of density, size, location, and municipal compliance. If the criteria are satisfied, the CIITAP Review Committee will forward the completed application, along with a letter of approval to the IDA. 4. IDA Application ― A developer will submit a standard IDA application to the IDA for consideration, in addition to the CIITAP application and Mayor’s approval letter. The IDA will make an independent determination of the project. 5. Public Hearing ― Following an initial review, the IDA will, if favorably disposed toward a project, schedule a public hearing on the proposed incentive package. Standard IDA policies apply with regards to public hearing notification and other requirements. 6. IDA Determination ― Following a public hearing, the IDA will make a conditioned determination on the project. No final decision may be reached by the IDA until SEQR requirements have been met by the developer. 7. Notification and Reporting ― The IDA will notify the City of Ithaca and appropriate taxing jurisdictions once a project is approved. The IDA may diminish or rescind incentives should the project materially change. IDA agreements generally have clawback requirements. 8. Applications under this policy may not be accepted after December 31, 2017, unless the IDA and City of Ithaca vote to extend the policy beyond that date. Refer to the Tompkins County Industrial Development Agency’s Mission, Policies, and Procedures for additional information. 5 VI. Application Fees The applicant is responsible for payment of the following fees associated with the CIITAP process: 1. City Administrative Fees –The applicant will be responsible for paying the City a flat fee of $750 (seven hundred and fifty dollars) in order to cover the cost of processing the CIITAP application and the public meeting notifications. This fee is due to the City at the time that the application is submitted. 2. IDA Administrative Fees ― The applicant is responsible for paying the IDA Administrative Fee at the time of closing. This fee will be equal to 1% of the total value of expenses that are positively impacted by IDA incentives. This includes the value of construction of improvements to property that is impacted by property and sales tax abatement, and the value of furniture, fixtures, and equipment that are impacted by sales tax abatement. It will not include any purchases, such as manufacturing equipment, where the IDA does not deliver an incentive. Soft costs (e.g., legal, consulting, financial, architectural, and engineering fees) will be included in the amount considered as total value of expenses. In an attempt to make its incentive program cost-effective for smaller projects, the IDA will reimburse the applicant 100% of the Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated with the IDA involvement in the project, if the total project cost is less than $1 million. For a total project cost greater than $1 million, but less than $2 million, the reimbursement of fees will be reimbursed on a sliding scale that declines from 100% to 0% gradually, based on project size. There will be no reimbursement of fees for projects with costs over $2 million. The reimbursement will take the form of additional property tax abatement credited to the business in the initial years of the Payment-in-Lieu-of-Taxes (PILOT) agreement. The IDA retains the right to determine the credit the applicant will receive. For projects where there is no property tax abatement, there will not be any form of fee reimbursement. 3. IDA Counsel Fees ― The applicant is also responsible for paying the IDA for all legal costs it incurs, including IDA Counsel and Bond Counsel fees. 4. Applicant Attorney Fees ― The applicant is responsible for its own attorney fees associated with closing IDA incentives. 6 VII. Tax Abatement Application CIITAP Application for Tax Abatement The City of Ithaca Community Investment Incentive Program provides incentives for investment in the City. The incentives include property tax reductions and/or abatements for a period of up to 7 years. Applicants and projects must meet the minimum eligibility requirements (see application, Part II) in order to apply for the program. Part 1. – Applicant Information Application Date:____/____/_____ Company/Applicant Name:________________________________________________ Primary Contact:________________________________________________________ Address:_________________________City:__________State:______Zip:__________ Phone:___________________________Email:_________________________________ Applicant Attorney:______________________________________________________ Attorney Address:_________________City:__________State:______Zip:__________ Attorney Phone:___________________Email:_________________________________ Applicant Accountant:____________________________________________________ Accountant Address:________________City:__________State:_____Zip:_________ Accountant Phone:_________________Email:________________________________ Applicant Engineer/Architect:______________________________________________ Address:_________________________City:__________State:______Zip:__________ Phone:___________________________Email:_________________________________ 7 Will a separate company hold title to/own property in question that is separate from the operating company? If yes, please provide the name and contact information for that entity. Company Name:________________________________________________ Primary Contact:________________________________________________________ Address:_________________________City:__________State:______Zip:__________ Phone:___________________________Email:_________________________________ Describe the terms and conditions of the lease between the applicant and the owner of the property:__________________________________________________________ ________________________________________________________________________ Part 2. – Business History Year Company was Founded:______ Type of Ownership (e.g., corporation, LLC, sole proprietor, etc.):_______________ Product or Service:___________________________________________________ ____________________________________________________________________ Major Customers:_____________________________________________________ _____________________________________________________________________ Major Suppliers:______________________________________________________ _____________________________________________________________________ Major Local Competitors:_______________________________________________ ______________________________________________________________________ 8 Part 3. – Project Description Project Narrative:________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Project Location:________________________________________________________ Property Size (acres) – both existing & proposed:_____________________________ Building Size (square feet) – both existing & proposed:_________________________ Proposed Project Start & Completion Dates:_________________________________ Do you certify that this project will not result in the relocation of all or part of any business or jobs from another county within New York State to Tompkins County? ______Yes ______No List the names, nature of business of proposed tenants, and percentage of total square footage to be used for each tenant (additional sheets may be attached, if necessary):______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 9 Part 4. – Project Costs Value of Land to Be Acquired (if any):_______________________________________ Value of Buildings to Be Acquired (if any):___________________________________ Cost of New Construction:___________________% subject to local sales tax_______ Value of Improvements:_____________________% subject to local sales tax_______ Value of Equipment to Be Acquired:__________% subject to local sales tax_______ Other:____________________________________% subject to local sales tax_______ Total:____________________ Part 5. – Criteria Will the proposed project result in an increase to the tax roll value of new real property by at least $500,000? ________ Does this project contain at least three occupiable stories? __________________ Proposed Height (in stories and feet):___________________ Does the project include a rehab of an existing structure? ____________ Is the project located in the City of Ithaca Density District? __________ Does the project contain the redevelopment of a Brownfield site? _________ Does the project applicant, or any of the partners owning at least 20% of the project equity, the project LLC, or the project corporation, currently own any properties located within the City of Ithaca that are delinquent on taxes, assessments, fees or penalties due to the City or that have one or more violations of local laws or regulations? ____________________________________________________________ 10 VIII. Certification___________________________________________________ _______________________________________________________deposes that he/she is the _______________ (name of chief executive officer of company submitting application) (title) of ___________________ , the corporation named in the attached application; that he/she has (company name) read the foregoing application and knows the contents thereof; that the same is true to his/her knowledge. Deponent further says that the reason this verification is made by the deponent and not by ____________________________ is because the said company is a corporation. (company name) The grounds of deponent’s belief relative to all matters in the said application, which are not stated upon his own personal knowledge, are investigations which deponent has caused to be made concerning the subject matter of this application, as well as information acquired by deponent in the course of his duties as an officer of and from the books and papers of said corporation. As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent acknowledges and agrees that applicant shall be and is responsible for all costs incurred by the non-profit Tompkins County Industrial Development Agency (hereinafter referred to as the “Agency”) acting on behalf of the attached application, whether or not the application, the project it describes, the attendant negotiations, and ultimately the necessary issue of bonds or transfer of title are ever carried to successful conclusion. If, for any reason whatsoever, the Applicant fails to conclude or consummate necessary negotiations or fails to act within a reasonable or specified period of time to take reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the application, or if the Agency or Applicant are unable to find buyers willing to purchase the total bond issue required or financing for the project, then, upon presentation of invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs involved in conduct of the application, up to that date and time, including but not limited to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon successful conclusion and sale of the required bond issue or transfer of title, the Applicant shall pay to the Agency an administrative fee set by the Agency, not to exceed an amount equal to 1% of the total project cost. The cost incurred by the Agency and paid by the Applicant, including bond 11 counsel, the Agency’s general counsel’s fees and the Agency’s administrative fees, may be considered as a cost of the project and included as part of the resultant bond issue. ___________________________________________________ (signature of chief officer of company submitting application) NOTARY Sworn to before me this _______ day of ______________, 20______ ____________________________________ IX. Completion Status (to be completed by staff) ELIGIBILITY CRITERIA: Size: ________________ Density: ________________ Location: ________________ Additional Documentation Submitted: _____________ Staff Review Date:______________ Mayor’s Endorsement Date:_____________ 10.5 A Resolution Concurring with the Board of Public Work’s Determination to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, presently before Common Council is the Board of Public Works’ January 11, 2016 resolution to discontinue the northern section of Lake Avenue and eastern section of Adams Street, which the Board referred to Common Council for direction and review of the discontinuance; and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Avenue and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of the above-described streets to be discontinued are depicted on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference; and WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be used for green space, pedestrian and bicycle space, and a playground, which shall be open and accessible to the public, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015; and WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay out, establish, construct, maintain, operate, alter and discontinue streets”; and WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall “have control” of the City department pertaining to “Streets and Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction and review of the Common Council”; and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City street, such opportunity was provided in this case, and such comments were provided in a memorandum dated November 30, 2015 supporting the proposed discontinuance; and WHEREAS, the public hearing required to be conducted before a street is discontinued was conducted on November 9, 2015, at which hearing no comments were made by members of the public; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency for purposes of specifically assessing the environmental impact of the discontinuance on the Street Parcels, in which the Board reviewed the Planning Board’s Full Environmental Assessment Form dated May 4, 2015 and the Planning Board’s SEQR record, and on November 9, 2015 independently adopted the findings contained in the May 26, 2015 negative declaration of environmental significance issued by the Planning Board; and WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due consideration of the impacts of discontinuance of the Street Parcels on the immediate community and the City as a whole and pursuant to the authority vested in it by the Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now, therefore be it RESOLVED, That the Common Council hereby concurs with the determinations of the Board of Public Works in its January 11, 2016 resolution, namely: 1. That discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City. 2. That the Board appropriately found that the Street Parcels were “useless” as City streets, as that term is defined in State law; and 3. That the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS’ commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and, be it further RESOLVED, That upon Common Council’s authority under Charter Section C-61 to direct and review the Board of Public Work’s discontinuance of any City street, Common Council concurs in, and does not object to, the Board’s determination to discontinue; and, be it further RESOLVED, That Common Council opts at this time not to establish an official City map, and thus waives its jurisdiction to amend the same pursuant to General City Law 29. "An Equal Opportunity Employer with a commitment to workforce diversification." M E M O R A N D U M To: Planning and Economic Development Committee From: Office of the City Attorney Date: January 4, 2016 Subject: Discontinuance of northern section of Lake Avenue and eastern section of Adams Street ________________________________________________________________________ Last fall, the Board of Public Works and Common Council authorized an agreement between the City and Ithaca Neighborhood Housing Services (INHS) concerning redevelopment of the 210 Hancock site and certain improvements within the boundaries of the northern section of Lake Avenue and the eastern section of Adams Street. The resolutions and supporting materials are included with this memo for reference. The City agreed to seek discontinuance in exchange for INHS’ commitment to develop and maintain the parcels as public spaces including a pedestrian and bikeway along the creek within the northern section of Lake Ave and playground within the eastern section of Adams St. The attached materials are submitted for Council’s consideration and vote. BPW took the following steps to consider the proposed discontinuance and its impact on the neighborhood and the City: October 5 reviewed the process and standards for street discontinuance; October 26 declared itself lead agency for purposes of conducting the environmental review of the proposed discontinuance; referred proposal to Planning Board for report; and notified interested agencies of proposed action. November 9 reviewed CEQR documents, and made a Negative Declaration finding that the action will not result in a significant adverse environmental impact and no Environmental Impact Statement is required; held an advertised and noticed public hearing on the proposal, in which there were no public comments. The Planning Board provided a report supporting the proposal and the County also issued a letter finding that the proposal “has no negative inter-community, or county-wide impacts.” In response to notice of the proposal in two local newspapers and mailings to adjoining property CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jody Andrew, Executive Assistant "An Equal Opportunity Employer with a commitment to workforce diversification." owners and residents who may be directly impacted, BPW received no further comment from the public in writing or at the public hearing. On January 11, 2016, BPW voted to discontinue portions of Lake Ave and Adams St, and BPW’s determination is hereby submitted for Council’s direction and review. Planning and Economic Development Committee January 13, 2016 Agenda Item Proposed Resolution Concurring with the Board of Public Work’s Determination to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, presently before Common Council is the Board of Public Works’ January 11, 2016 resolution to discontinue the northern section of Lake Avenue and eastern section of Adams Street, which the Board referred to Common Council for direction and review of the discontinuance, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of the above-described streets to be discontinued are depicted on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be used for green space, pedestrian and bicycle space, and a playground, which shall be open and accessible to the public, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall “have control” of the City department pertaining to “Streets and Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction and review of the Common Council,” and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City street, such opportunity was provided in this case, and such comments were provided in a memorandum dated November 30, 2015 supporting the proposed discontinuance; and WHEREAS, the public hearing required to be conducted before a street is discontinued was conducted on November 9, 2015, at which hearing no comments were made by members of the public; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency for purposes of specifically assessing the environmental impact of the discontinuance on the Street Parcels, in which the Board reviewed the Planning Board’s Full Environmental Assessment Form dated May 4, 2015 and the Planning Board’s SEQR record, and on November 9, 2015 independently adopted the findings contained in the May 26, 2015 negative declaration of environmental significance issued by the Planning Board; and WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due consideration of the impacts of discontinuance of the Street Parcels on the immediate community and the City as a whole and pursuant to the authority vested in it by the Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now therefore be it RESOLVED, that the Common Council hereby concurs with the determinations of the Board of Public Works in its January 11, 2016 resolution, namely: 1. That discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City. 2. That the Board appropriately found that the Street Parcels were “useless” as City streets, as that term is defined in State law; and 3. That the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS’ commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and be it further RESOLVED, that upon Common Council’s authority under Charter Section C-61 to direct and review the Board of Public Work’s discontinuance of any City street, Common Council concurs in, and does not object to, the Board’s determination to discontinue; and be it further RESOLVED, that Common Council opts at this time not to establish an official City map, and thus waives its jurisdiction to amend the same pursuant to General City Law 29. "An Equal Opportunity Employer with a commitment to workforce diversification." M E M O R A N D U M To: Board of Public Works From: Office of the City Attorney Date: September 30, 2015 Subject: Discontinuance of northern section of Lake Avenue and eastern section of Adams Street ________________________________________________________________________ Earlier this year, the Board of Public Works and Common Council authorized an agreement between the City and Ithaca Neighborhood Housing Services (INHS) concerning redevelopment of the 210 Hancock site and certain improvements within the boundaries of the northern section of Lake Avenue and the eastern section of Adams Street. The resolutions and supporting materials are included with this memo for reference. The City agreed to seek discontinuance in exchange for INHS’ commitment to develop and maintain the parcels as public spaces including a pedestrian and bikeway along the creek and playground within the eastern section of Adams St. The process to discontinue a City street City Charter Section C-71 specifies that the Board of Public Works may discontinue streets, and Charter Section 61 provides that the Board’s control over decisions relating to streets and sidewalks is subject to Common Council’s direction and review. As such, over the course of at least four meetings, the Board can as it sees fit take several steps, which are set out at the end of this memo, to fully consider the proposed discontinuance and its impact on the neighborhood and the City. In the event the Board determines discontinuance is appropriate, the Board’s resolution will be sent to the Planning and Economic Development Committee of the Common Council for review, and then to Common Council to finalize the discontinuance. Evaluating the proposal to discontinue portions of Adams Street and Lake Avenue Discontinuance is one of the specific powers broadly granted to cities under General City Law Section 20(7). The Board’s consideration of this proposal should focus on the current usefulness of the sections of streets to be discontinued and evaluate the negative impacts to residents if the street parcels are discontinued. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant "An Equal Opportunity Employer with a commitment to workforce diversification." To evaluate these considerations, the Board should seek input from a variety of sources. The Board should hold a public hearing regarding the impacts of the discontinuance. Staff, on behalf of the Board, can advertise the public hearing and also send out mailings to adjacent property owners as required under the Charter. In this case, the adjacent property owners are the City and INHS. The Board should also refer the proposal to the Planning Board for comment. As part of environmental review, the Board should refer the proposal to interested agencies including Common Council, IURA, Conservation Advisory Council, the County Planning Department, and any other interested parties that may be identified in the process of considering this proposal. The Board should review the environmental review forms prepared by staff, and make a declaration about the anticipated environmental impact that this action will have. It is expected that there will be no negative environmental impact as the action is limited to assessing the proposed street discontinuance. Upon receipt of all comments, the Board will begin to evaluate the proposal. In making its determination, the Board should weigh and consider the impact of the discontinuance on the community. The Board may want to specifically consider the following items in making its determination: Impact on the area’s market values; Fire and Police Departments’ ability to respond – please note that the City/INHS Agreement, paragraph 7 specifically allows the City to access the creek, and the approved site plan for the 210 Hancock Street residences contemplates that emergency response vehicles would respond to creek-facing residences via the center paved drive; Impact on water, sanitation, and other environmental factors; Necessity of use for residents in emergency situations and daily travel; Any other impacts or concerns raised by discontinuance of the northern section of Lake Avenue and eastern section of Adams Street. If the discontinuance is found to have no impact on these factors, or if there will be impacts that can be addressed through use of other roads (e.g. Alice Miller Way will remain accessible through Franklin Street and the non-discontinued section of Adams Street), then the Board will make a finding that the relevant portions of Lake Ave and Adams St meet the legal definition of “useless”, and discontinue the selected portions of streets. The resolution will then go to Common Council for its review and comment before becoming final. "An Equal Opportunity Employer with a commitment to workforce diversification." Timeline and next steps Below is a tentative timeline for addressing the steps needed in this action. Staff have prepared the attached proposed resolutions and documents for each step of the Board’s consideration of this action. You will note that the schedule has a break between November’s public hearing and the January vote. INHS does not expect to receive a decision on the award of tax credits before January 1, 2016, and we would recommend that the Board not vote to discontinue until that award has been finalized. October 5 Staff presentation to BPW to lay out process. October 26 Board declare itself lead agency for purposes of conducting the environmental review of the proposed discontinuance; Referral to Planning Board for report; and Notifies interested agencies of proposed action. November 9 Board reviews CEQR documents, and makes a finding on the environmental impact (likely a Negative Declaration meaning that the action will not result in a significant adverse environmental impact and no Environmental Impact Statement is required); and Board holds public hearing. January 11 Vote on proposed discontinuance. January 13 Planning and Economic Development Committee considers BPW’s vote, and sends concurring resolution to Council February 3 Common Council votes on resolution concurring with Board of Public Works’ discontinuance. Discontinuance of the two parcels is finalized. Encl: August 24 BPW materials September 2 Common Council materials Map of area to be discontinued Proposed resolution to declare lead agency and referral to Planning Board for report Proposed Negative Declaration resolution Proposed BPW resolution to discontinue 4 5 2 2 7 67 1 1 3 3 3 3 8 1. COMMERCIAL GROUND FLOOR WITH RESIDENTIAL ABOVE 2. COVERED PARKING WITH RESIDENTIAL ABOVE 3. TOWNHOMES 4. BIKE PARKING 5. BUS STOP 6. INTERIOR STREET 7. BICYCLE AND PEDESTRIAN WAY 8. PLAYGROUND LEGEND 4 030’60’ MIXED USE BUILDINGS MULTIFAMLY BUILDINGS TOWNHOMES KEY SCALE HANCOCK STREET ADAMS STREET AL I C E M I L L E R W A Y CONLEY PARK LA K E A V E N U E R O W CA S C A D I L L A C R E E K WI L L O W A V E N U E FI R S T S T R E E T 210 Hancock Street Redevelopment SITE PLAN AUGUST 11, 2015 Board of Public Works Agenda Item October 5, 2015 for Discussion October 26, 2015 Vote Proposed Resolution to Declare BPW Lead Agency for purposes of Environmental Review of the Discontinuance of the Northern Section of Lake Avenue and Eastern Portion of Adams Street and Referral to Planning Board for Report on the Proposed Discontinuance WHEREAS, the proposed action involves the discontinuance of portions of two City streets, namely Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows : That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, if the above-described Street Parcels are discontinued, they will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed discontinuance of the northern section of Lake Avenue and the eastern section of Adams Street is a Type I Action pursuant to the City Environmental Quality Review (CEQR) Ordinance because it occurs wholly within 100 feet of Cascadilla Creek, which requires environmental review under CEQR, and WHEREAS, Section C-71 of the City Charter grants the Board of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall “have control” of the City department pertaining to “Streets and Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction and review of the Common Council,” and WHEREAS, the Planning Board typically is provided an opportunity to report on a proposal to discontinue a street prior to its discontinuance; now, therefore, be it RESOLVED, that the Board of Public Works of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed discontinuance of the Street Parcels; and further be it RESOLVED, that the Board of Public Works hereby refers the proposal to discontinue the Street Parcels to the Planning Board to make a report within thirty days of the passage of this resolution. Board of Public Works Agenda Item November 9, 2015 Vote Proposed Resolution – CEQR – Negative Declaration of Environmental Significance for purposes of the Environmental Review of the Discontinuance of Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, the City of Ithaca is considering a proposal to discontinue the northern section of Lake Avenue and eastern section of Adams Street, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, if the above-described Street Parcels are discontinued, they will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and is subject to environmental review, and WHEREAS, the Full Environmental Assessment Form (FEAF) has been distributed to Common Council, Planning Board, Ithaca Urban Renewal Agency, City Conservation Advisory Council, Tompkins County Planning Department, and other interested parties, and all have been given the opportunity to comment on the proposed action, and any received comments have been considered, and WHEREAS, on October 26, 2015, the Board of Public Works declared itself Lead Agency for the environmental review of the action, and WHEREAS, the Board of Public Works, acting as Lead Agency in environmental review, has reviewed and accepted the Full Environmental Assessment Form (FEAF), as adequate; and, now, therefore, be it RESOLVED, that the Board of Public Works hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, Parts 1, 2, and 3; and be it further RESOLVED, that the Board of Public Works determines the proposed action will not have a significant impact on the environment, and a ________ Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Board of Public Works Agenda Item January 11, 2016 Vote Proposed Resolution – Discontinuance of Northern Portion of Lake Avenue and Eastern Portion of Adams Street WHEREAS, presently before the Board of Public Works is a proposal to discontinue the northern section of Lake Avenue and eastern section of Adams Street, and WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street, which collectively are referred to as the “Street Parcels” and are more particularly described as follows: That portion of Lake Avenue commencing at the western corner of Lake Avenue and Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller Way, then southeast approximately 73 feet, then northeast approximately 167.5 feet, and then southeast approximately 327 feet to the beginning, and WHEREAS, the portions of Lake Avenue and Adams Street subject to this discontinuance are depicted on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby incorporated by reference, and WHEREAS, upon the City’s decision to discontinue the above-described Street Parcels as City streets, the Street Parcels will be used for green space, pedestrian and bicycle space, and a public use playground, in accordance with the approved Site Plan dated August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing Services (INHS) and the City on September 4, 2015, and WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that the Board shall “have control” of the City department pertaining to “Streets and Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction and review of the Common Council,” and WHEREAS, to the extent that the Planning and Development Board of the City is required to have an opportunity to comment upon the proposed discontinuance of a City street, such opportunity was provided in this case, and such comments (approved on ___________________) were received; and WHEREAS, the City Charter requires that a public hearing be conducted before a street is discontinued, and the City conducted such duly-advertised public hearing on November 9, 2015; and WHEREAS, environmental review of the proposed discontinuance has been completed by Board of Public Works acting as lead agency, with a negative declaration of environmental significance (approved on November 9, 2015); and WHEREAS, the Board in considering the usefulness of the Street Parcels, considered how discontinuance of these portions of Lake Ave and Adams Street would impact the following: - area’s market values; - fire and police department’s ability to respond; - water, sanitation, and other environmental factors; - use by residents in emergency situations; - use by residents in daily travel; - other impacts raised in public hearing or comment; and WHEREAS, the Board in considering these impacts, finds that the discontinuance of the Street Parcels is found to have __________________________; and WHEREAS, the Board finds that the interests of the public, and specifically, residents of Alice Miller Way, will be reasonably protected, notwithstanding the discontinuance of the Street Parcels as City streets, as the non-discontinued portion of Adams Street and Franklin Street provide reasonable access to and from Alice Miller Way for purposes of daily travel and in cases of emergency; and now therefore be it RESOLVED, that the Board hereby determines that discontinuance of the Street Parcels will not negatively impact the immediate surrounding community or the City in that: - it is not expected that market values will decline due to discontinuance, and the construction of INHS improvements may enhance market values within the neighborhood; - the City’s agreement with INHS preserves Fire and Police emergency access through the discontinued Street Parcels so that public safety and emergency access will not be impaired by discontinuance; - the Board finds that less vehicular traffic and increased green space will likely benefit Cascadilla Creek; - by the terms of the Agreement with INHS, INHS will be responsible for maintaining improvements, trash removal, and general sanitation of the discontinued portions of street, and if INHS fails to perform, the City may perform the work and charge INHS for its work; - other environment factors or impacts – ; and RESOLVED, that the Board therefore finds the Street Parcels “useless” as City streets, as that term is defined in State law; and RESOLVED, that the Board further determines that the proposed discontinuance, and the corresponding agreement executed with INHS, will result in the beneficial development of a landscaped pedestrian and bike way along Cascadilla Creek and playground accessible to the public, installed without cost to taxpayers, and will lessen the workload for the Department of Public Works as a result of INHS’ commitment to maintain the discontinued Street Parcels and avoiding the need to reconstruct or repair either portion of the discontinued Street Parcels; and RESOLVED, that pursuant to the authority granted to cities, under Section 20(7) of the General City Law, and as delegated to the Board of Public Works by the City of Ithaca, in Section C-71 of the Charter of the City of Ithaca, the Board hereby discontinues as City streets the Street Parcels, and RESOLVED that this determination be sent to Common Council for its direction and review as indicated in Charter Section C-61. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Public Art Commission – Resolution RESOLVED, That Todd Ayoung be appointed to the Public Art Commission to fill a vacancy with a term to expire December 31, 2018. 14.2 Reappointment to the Rental Housing Advisory Commission – Resolution RESOLVED, That Larry Beck be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2018.