HomeMy WebLinkAbout01-13-16 Special Planning & Economic Development Meeting AgendaUPDATED – PEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: January 13th, 2015
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment and Response from Committee
Members
3) Announcements, Updates, and Reports
4) Action Items (Voting to Send on to Council)
a) Changes to Commons Ordinance
b) Changes to Exterior Property Maintenance
Ordinance
c) Discontinuance of portions of Lake Ave and
Adams Street
d) Changes to Taxicab Ordinance
e) Changes to Community Investment Incentive
Tax Abatement Program (CIITAP)
5) Action items (Voting to Circulate)
a) Temporary Mandatory Planned Unit
Development for the Waterfront
b) Proposal to Reduce Cell Tower Fall Zone
6) Review and Approval of Minutes
a) December 2015
7) Adjournment
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Kathy Servoss, Department of Public Works
Mike Niechwiadowicz, Building Division
Ari Lavine, City Attorney
Julie Holcomb, City Clerk
Jennifer Kusznir, Planning / Nels Bohn,
IURA
Jennifer Kusznir, City Planner
JoAnn Cornish, Planning Director
6:00
6:05
6:25
6:30
6:45
7:15
7:30
7:45
8:30
8:45
9:00
9:05
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by
12:00 noon on Tuesday, January 12, 2015.
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 Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and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.
§ 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.
Nominations for these offices will be made from the floor with election by a majority of those
members present at the meeting.
3
Publish Date: March 25, 2015
Revised:
(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.
(c) Design and placement of public identification, informational and directional signs and
graphics on the Commons.
4
Publish Date: March 25, 2015
Revised:
(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:
(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.
5
Publish Date: March 25, 2015
Revised:
(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 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) 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.
6
Publish Date: March 25, 2015
Revised:
(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 Guidelines
(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.
(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
7
Publish Date: March 25, 2015
Revised:
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.
(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.
8
Publish Date: March 25, 2015
Revised:
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 Guidelines
(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
Guidelines
(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) 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 Guidelines
(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.
9
Publish Date: March 25, 2015
Revised:
(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. 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.
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
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.
10
Publish Date: March 25, 2015
Revised:
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 Guidelines
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:
(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
11
Publish Date: March 25, 2015
Revised:
(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
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:
12
Publish Date: March 25, 2015
Revised:
(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.
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.
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
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"
13
Publish Date: March 25, 2015
Revised:
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.
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
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.
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:
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
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.
Formatted: No bullets or numbering
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: No bullets or numbering
Formatted
15
Publish Date: March 25, 2015
Revised:
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.
(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.
16
Publish Date: March 25, 2015
Revised:
(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 Guidelines
(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.
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
17
Publish Date: March 25, 2015
Revised:
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 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.
(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).
18
Publish Date: March 25, 2015
Revised:
(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 Guidelines
(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.
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.
19
Publish Date: March 25, 2015
Revised:
(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.
(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.
20
Publish Date: March 25, 2015
Revised:
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 Guidelines. 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.
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.
21
Publish Date: March 25, 2015
Revised:
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 Guidelines
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.
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.
22
Publish Date: March 25, 2015
Revised:
(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
§ 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.
23
Publish Date: March 25, 2015
Revised:
§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.
Board of Public Works
December 14, 2015
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
To: Planning and Economic Development committee
From: Seph Murtagh, Chair
Date: Wednesday, December 2nd, 2015
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). A small group of Council members and staff have 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 to 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 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) for garbage‐related offenses and $40, $60, $100 (for 1st, 2nd, 3rd
offenses in a 12‐month period) for snowy sidewalk violations.
3) Fines for lids off of garbage cans would be lowered to $20. This would not
escalate.
If the committee is willing, we will circulate the proposed legislation for further
review. If you have any questions, please don’t hesitate to contact me.
274 9223
1
ORDINANCE __-2016
An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code
WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes
Exterior Property Maintenance requirements for properties throughout 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. Amendments to Section 178-3.
Paragraphs A and B of Section 178-3 shall be amended as follows:
A. All grounds on the exterior of the premise are kept free from solid waste
and any litter that has been cast, blown, thrown, put, placed, or
accidentally dropped on the grounds, bushes, or in trees, and allowed to
remain on the grounds, bushes, or in trees for 4824 hours, is removed.
B. All garbage, when stored outside, is completely contained in
nonabsorbent, watertight, durable containers having a tight-fitting lid in
place. Plastic bags are not considered durable containers. Strong,
waterproof plastic bags may be used to place garbage at the curbside on
the evening before scheduled collections or may be taken to an approved
refuse disposal sight. Garbage containers, whether they contain garbage
or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids
shall be placed back on all garbage containers 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
2
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 outdoors in a general
vicinity for at least 24 hours.
Section 3. Amendments to Section 178-10.
Subparagraphs A(1) and A(2) of Section 178-10 shall be amended 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 thirdfourth
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 (B)
solely insofar as to fail to have a tight-fitting lid in place on garbage
containersE, 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 $20$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 for each such
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.
"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.
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
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.
ORDINANCE NO. 2015-
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
2
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 3/4 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.
3
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.
4
(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.
5
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
6
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.
7
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.
8
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.
9
(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. 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 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.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 6, 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). Enclosed is a draft application.
This proposal was previously discussed at the November Planning Committee meeting. At that meeting
staff was directed to circulate the proposal. Enclosed are the comments that have been received from the
City Workforce Diversity Advisory Committee, the IURA, The Coalition for Sustainable Economic
Development, the Tompkins County Environmental Management Council, The Tompkins County
Planning Commissioner and and Nick Goldsmith, the Sustainability Coordinator for the City.
After further discussions on the various comments that have been received on this proposal, the following
options are suggested as possible changes to the enclosed draft application.
Term
The draft application contains three abatement terms, a 7 year base term, which is based on the project
size and location and includes some reporting requirements, a 10 year financial need based term, which
includes all of the requirements of the base term as well as that the applicant show financial need, and a
12 year enhanced term requiring an applicant to provide the community with one of the listed community
benefits, as well as all of the requirements of the 10 year abatement. Concerns have been raised about the
number of term options. It has been suggested that one of the options should be removed. Staff
recommends that the Committee consider the following two options regarding the abatement term:
Option 1
Remove the 7 year base abatement term. Keep a 10 year option that requires the base
requirements and that the applicant show financial need, and keep an enhanced 12 year
option that would require the applicant to provide one of the listed community benefits.
Option 2
Remove the 10 year option. Keep a base abatement of 7 years and keep a 12 year enhanced
abatement that requires both financial need and a community benefit.
Basic Requirements
The draft application has 7 basic requirements for the year abatement. The energy and sustainability
requirement gives the applicant two options for satisfying the condition, either build to a basic LEED
standard or to conduct annual energy reporting on energy usage for the life of the abatement. We
received comments from the City Energy Sustainability Coordinator and from the County Planning
Commissioner suggesting that both of these options be included in the minimum requirement for the
abatement.
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
Enhanced Abatement Requirements
The draft application contains three options for an applicant to apply for a 12 year tax abatement. The
following additional options have been suggested:
Option 1
Transportation Demand Management. A suggestion has been made to create an option for
an applicant to be able to apply for a 12 year enhanced abatement by satisfying all of the
base requirements, demonstrating financial need for an enhanced abatement, and also
providing for an annual 1 zone bus pass for a minimum of 50% of their employees or a
minimum of 50 annual passes being purchased, whichever is greater, throughout the full
term of the abatement period. As an alternative, an applicant can make an equivalent
monetary annual contribution to TCAT in lieu of purchasing the passes throughout the full
term of the abatement period.
Option 2
Child Care. A suggestion has been made to create an option for an applicant to apply for a
12 year enhanced abatement by satisfying all of the base requirements, demonstrating
financial need for an enhanced abatement, and also agreeing to provide at least 10 full
scholarships annually for either childcare or after school program expenses at a minimum
annual contribution of $20,000 throughout the full term of the abatement period.
Scholarships can be made to any licensed or registered childcare provider that provides
service to low income users. The employer may name their employees as the recipient of
the scholarships or may leave it open to the discretion of the daycare provider.
Option 3
Affordable Housing. A suggestion has been made to create an option for an applicant to
apply for a 12 year enhanced abatement by satisfying all of the base requirements,
demonstrating financial need for an enhanced abatement, and also agreeing to provide for a
minimum of 10% of the project’s residential units be leased to households earning no more
than 60% of the area median income at rents that does not exceed the High HOME rent as
calculated and published annually by the U.S. Department of Housing and Urban
Development, or provide for an annual contribution of a $20,000 to be made to the City’s
Affordable housing Trust Fund throughout the full term of the abatement period.
Option 4
Diversity. A suggestion has been made to create an option for an applicant to apply for a 12
year enhanced abatement by satisfying all of the base requirements, demonstrating financial
need for an enhanced abatement, and also agreeing to make an annual contribution of
$20,000 to support job training and placement programs which will develop workers and
expand opportunities locally. These funds would be directed to implement job training
programs and advocacy for the underserved in fields where there are living wage jobs
available. Funds could be made available to local nonprofits competitively, in a manner
similar to the Community Development Block Grant funds.
If you have any concerns or questions regarding any of this information, please feel free to contact me at
274-6410, jkusznir@cityofithaca.org.
1
Comments regarding CIITAP program modifications
Nick Goldsmith, Sustainability Coordinator, City of Ithaca
January 6, 2016
Hi Jennifer,
I am submitting comments regarding the CIITAP program, to reflect my latest thinking about the energy
and sustainability standards. I have additional comments about the wording used in the CIITAP
application, but that seems more appropriate at a later time, when the basic rules have been decided
upon.
Basic Eligibility Criteria
I think it is strange to have the option of choosing either benchmarking OR LEED certification.
First of all, performing benchmarking and building to LEED standards are not comparable things. One
deals with measuring performance during operations, the other deals with designing and building in a
certain way. These are not equivalent and I find it hard to compare them side by side. If anything, the
LEED standard is an alternative to the enhanced abatement standard of reducing energy usage to be a
certain percentage better than code. Building to LEED standard is good, but it is not a replacement for
benchmarking.
Also, I have the objection that building to LEED certified standard does not guarantee a reduction of
energy usage. A building could be built to LEED Gold standard without addressing the Energy and
Atmosphere section whatsoever.
Finally, energy benchmarking is not very time consuming or expensive, for any size project. It would
take only a few hours of effort a year, or could be done by a consultant for a few hundred dollars. Cities
across the country have passed benchmarking ordinances where certain building types must
benchmark energy use annually. Even if the building is being sold, this does not seem like a difficult thing
for the new owner to commit to. In my opinion, ALL buildings that go through the CIITAP program
should have to perform annual energy benchmarking for the duration of the abatement.
I think the County’s suggestion of requiring both LEED certification AND benchmarking for every project
(as basic eligibility criteria) is worth considering. I would also consider strengthening this requirement so
that buildings would be built to LEED Silver standard instead of LEED Certified standard. My one concern
with making LEED standard mandatory is that it may be burdensome for smaller projects to go through
the process (even if they don’t have to get the actual certification). This is one reason I steered away
from LEED in my initial recommendations.
Enhanced Eligibility Criteria
I have been working with the U.S. Department of Energy, Pacific Northwest National Laboratory, and a
local energy services company to iron out the implementation details for the enhanced eligibility
criteria. Because of our initial findings, I propose that instead of requiring a score of X out of 10, we
instead require a certain Energy Use Index, or EUI, which would be dependent on building type. The
EUI is a measurement of energy use per square foot. This EUI would be one of the outputs of the
Building Asset Score tool, along with the 1‐10 score. Both the EUI and the score would be submitted to
2
the City and/or IDA, and both would be made public. But only the EUI would be used to judge
compliance. I have drafted an example of what this would look like, shown in the table below. PLEASE
NOTE THIS IS ONLY AN EXAMPLE – THESE ARE NOT THE ACTUAL EUI VALUES BEING PROPOSED. The
actual values are still in development.
IECC 2015 (NYS
Code in 2016)
20% better than
code
Office
Small Office3024
Large Office7258
Lodging
Small Hotel6048
Large Hotel8870
Retail
Standalone Retail4738
Food Service
Full-Service
Restaurant 374299
Apartment
Mid-Rise Apartment4435
High-Rise Apartment4838
All buildings climate zone 6A6653
All bldgs U.S. Weighted Avg5544
Site Energy Use Index (kBtu/sq ft-year
Building Type
DRAFT
Energy Use Standard for CIITAP enhanced abatement
City of Ithaca Sustainability Coordinator, Nick Goldsmith, 11-19-15
Source: Energy and Energy Cost Savings Analysis of the 2015
IECC for Commercial Buildings, U.S. DOE, August 2015
The table above shows the EUIs required to be 20% better than NYS energy code (in the right‐hand
column). However, given comments from Brian Eden, Ed Marx, Katie Borgella, and others, we should
consider – either now or in the near future – whether a more ambitious target such as 30% better than
code is more appropriate. One alternate route would be to have a better‐than‐code requirement for
both basic eligibility and enhanced eligibility. For example, basic eligibility could require design 10%
better than code while enhanced eligibility could require 30% better than code. The County’s
forthcoming study referenced in their comments for this project will provide additional information
about what an ambitious yet economically achievable energy standard might be.
Thank you for considering these comments.
Nick Goldsmith, Sustainability Coordinator, City of Ithaca
January 6, 2016
Dear Planning and Economic Development Committee:
The Workforce Diversity Advisory Committee (WDAC) has discussed aspects of the Community
Investment Incentive Tax Abatement Program (CIITAP) at our recent meeting and we are
specifically concerned with ways in which the program can leverage the City’s commitment to
value and support diversity and inclusion as a vital component in creating a ‘vibrant downtown
center’, as stated in CIITAP’s program goals. Most specifically, the WDAC committee shares
Common Council’s understanding that tax abatements must be tied to consideration for
diversity among workers.
It is clear that enforcement mechanisms can be tricky and we are aware of a number of well‐
intended programs which failed due to a lack of a robust enforcement effort. We also recognize
that vigilance concerning the behavior of third‐parties requires time, and therefore, money. We
would like to propose an alternate idea and seek to discuss it with the Planning and
Development Committee at their next meeting.
We understand that the city has seen approximately $2 million in new taxes since 2002 as a
result of the projects that have been built and that the five projects that have been approved
and are not yet completed are projected to pay $4.6 million in new taxes to the city over a 10
year period. While this is of benefit to the City as a whole, it is important that all sectors of our
community share in that uplift. Despite low unemployment, people of color experience double
the rate of unemployment nationally, a rate that is mimicked here. According to a 2014 study
by the Young Invincibles, a nonpartisan education and economic opportunity advocacy group,
an African‐American college graduate has the same job prospects as a white high‐school
dropout or a white person with a prison record. The study attributed the gap to racial
discrimination.1
To ensure that these trends are confronted and addressed locally Ithaca must act at the policy
level, and revisions to the CIITAP policy represents an important opportunity. The WDAC is
proposing a two‐pronged approach. First, the language regarding commitment to diversity and
inclusion must be made meaningful. There are models available from other parts of the country
which could be investigated and adopted. One example is the ‘Tech Diversity Pledge” in
Portland Oregon, which is voluntary but which contains guidelines demonstrating what an
active commitment to real inclusion looks like and provides language toward that end. There
are others, of course, and the WDAC is interested in investigating these and assisting in the
process of tailoring these ideas to meet local needs. A passive policy signals a passive attitude
toward change, and is not in keeping with the stated intent of the Common Council.
1 International Business Times, 3/8/15.
Second, WDAC is proposing the creation of a pool of funds to implement job training and
placement programs which will develop workers and expand opportunities locally. We cannot
leave it up to the will of developers and individual business owners to dictate the terms of
engagement for local workers. We suggest that an assessment to new projects equal to some
amount of the BID assessment. These funds would be directed to implement job training
programs and advocacy for the underserved in fields where there are living wage jobs available.
Funds could be made available to local nonprofits competitively, in a manner similar to the
Community Development Block Grant funds. Such a model has been successfully utilized to
train bus drivers through an Urban Renewal‐funded program, and is currently in use for the
Hotel Employment Training Program. 2
The WDAC is prepared to develop details of both proposals and its members are willing to serve
in an advisory capacity to partner in this work. Carefully crafted language will send a strong
message about the expectations of this community and about the City government’s
commitment to embody its own adopted vision of diversity and inclusion. The job training
programs will provide direct and practical assistance to those currently excluded from the
growing economy and will work hand in glove with the system‐level work of the policy
development and implementation regarding tax abatement. As a paired set, the ability of Ithaca
to forge a new path and defy the national outcomes for low‐income people and people of color
will be greatly advanced.
Sincerely,
City of Ithaca Workforce Advisory Committee
2 The CDL Program was developed as a partnership between Tompkins Community Action, GIAC, City of
Ithaca and TCAT and led to the employment of people with little or no work experience into bus driver
positions which offered living wages and frequently also offered excellent benefits.
From: Ed Marx [emarx@tompkins-co.org]
Sent: Monday, January 04, 2016 4:47 PM
To: Nick Goldsmith; Katie Borgella
Subject: Re: FW: Proposed Amendment: Community Investment Incentive Tax Abatement Program
(CIITAP)
Nick,
This is what we suggest:
1. The Standard Abatement minimum requirement for Environmental Sustainability should
require both Energy Benchmarking and a LEED certified design. A LEED certified design
should be relatively easily achieved and cost effective in a downtown location.
2. The Environmental Sustainability Benefit requirements for standard and enhanced
abatements should be reviewed and revised, as appropriate, after completion of the IDA Green
Energy Incentive study. We expect to complete that in April or May and the purpose of that
study is to identify what level of energy efficiency/renewable energy can be achieved at a
reasonable ROI and what incentive may be warranted to achieve higher levels.
Hope these suggestions are helpful.
Ed
Ed Marx, AICP
Commissioner of Planning
Tompkins County
(607) 274-5560
emarx@tompkins-co.org
City of Ithaca Common Council
Re: Proposed Amendments to the City of Ithaca Community Investment
Incentive Tax Abatement Program
January 6. 2016
The Revised CIITAP Policy must be aligned with the more overarching city‐
wide policies. “Ithaca strives to become a CARBON – NEUTRAL community with
the initial goal of reducing community‐wide emissions to 80 percent below 2010
levels by 2050 (City of Ithaca Comprehensive Plan)”. The City of Ithaca Energy
Action Plan 2012 – 2016 has identified several programs that were to be
implemented in this period to assist with the accomplishment of this goal (see
Appendix E – Implementation Guide). Tompkins County’s Comprehensive Plan
recommended that our community “should be a place where the energy system
meets community needs without contributing additional greenhouse gases to the
atmosphere”. The County has prepared a Draft Energy Road Map that has
identified various scenarios with a mix of energy efficiency, energy conservation,
and renewable energy projects that will assist us in reducing our greenhouse gas
emissions.
The Energy Road Map has identified as the most implementable and cost
effective near‐term action as Demand‐side Management policies. DSM
encourages end users to modify their level and pattern of energy use. The
objective of DSM is to provide cost‐effective energy and capacity resources to
help defer or avoid altogether the need for new sources of power, including
generating facilities, power purchases, and transmission and distribution capacity
additions. Newly constructed buildings can incorporate energy efficiency directly
in their design and construction. It is more technically feasible and economical to
design and build an energy efficient building than to retrofit that building at a
later point in time. Buildings can also be designed to be more suitable for
renewable energy integration. For example, siting a building to have a south‐
facing roof that is wide, sturdy and gradually pitched, will allow for easier solar PV
installation.
Much recent new construction in the City has been facilitated by the CIITAP
policy. The City has missed many opportunities to encourage the construction of
more highly energy efficient buildings. Such buildings could be constructed to be a
very well‐insulated, virtually air‐tight building that is primarily heated by passive
solar gain and by internal gains from occupants, lighting (compact fluorescent),
appliances, cooking, and other heat sources. Energy losses are minimized and
extraordinary reductions in carbon emissions can be achieved.
The Revised CIITAP policy provides for an enhanced abatement for those
applicants who meet the following criteria: “#5. Sustainable and Energy
Requirement. Provide documentation that certifies that their construction will
qualify for Base LEED Certification”. It may appear to be counter‐intuitive but such
a building may require a cost premium to construct that would exceed that of a
much more energy efficient building. A commercial building that meets rigorous
“passivhaus” standards for insulation and air sealing will reduce heat losses to an
absolute minimum. By designing a tight envelope with thick insulation, Passivhaus
designers work hard to whittle a building’s space heating load to a bare minimum.
Many European designers strive to get the heating load so low that all space heat
can be provided by raising the temperature of the ventilation air. The added cost
for the air sealing and insulation will be offset by reductions in the size of the
mechanical systems required.
Heat pump systems, including air‐source heat pumps (ASHP) and ground‐
source heat pumps (GSHP), are considered energy‐efficient alternatives to
furnaces and electric heaters. Heat pumps keep buildings warm in winter and cool
in summer by transferring heat between indoor and outdoor environments.
It has been argued that CIITAP is not the proper vehicle for instituting
policies of general application. Yet almost nothing has been done to apply the
policies of the Energy Action Plan and the Comprehensive Plan to the numerous
proposals for new construction in the City. I have raised these policy concerns in
comments on new construction proposals before the City’s Planning and
Development Board. I have received no response to this recommendation from
those charged with the decision‐ making on the projects. The CEQR Part 3
responses to the question of Impacts on Energy have been uniformly reported as
“None”. This question has been interpreted as directed at the sufficiency of utility
capacity to deliver the required natural gas and electricity. This provision should
be revised to ascertain the proposed building’s energy performance and its
consistency with elements of the City’s Energy Action Plan
On November 18, 2014 the New York State Fire Prevention and Building
Code Council voted to adopt an update to commercial provisions of the Energy
Conservation Construction Code of New York State (ECCCNYS). The ECCCNYS
establishes minimum requirements for energy‐efficient buildings using
prescriptive and performance‐related provisions, and makes possible the use of
new materials and innovative techniques that conserve energy. The ECCCNYS
2014, which will primarily effect Commercial building construction and
renovation, had an effective date of January 1, 2015. Unfortunately there is a long
lag time from advances in building science and their adoption into the Energy
Code.
For the past 2 years I have advocated that the City adopt advanced energy
codes. This is permissible under New York State law. “Nor shall anything in this
article be construed as abrogating or impairing the power of any municipality to
promulgate a local energy conservation construction code more stringent than
the code” (New York Energy Law, Chapter 17‐ A, Article 11, State Energy
Conservation Construction Code, Section 11‐109, Municipal Regulation). The
Implementation Guide for the City’s Energy Action Plan indicated that the City
would adopt green building ordinances by the end of 2016. Many other NYS
municipalities have adopted such measures. It is unfortunate that most of the
emphasis in the City has appeared to be on expediting approval of energy
inefficient projects in anticipation that more rigorous standards might soon be
adopted and thus reduce the likelihood of their construction.
The rationale for my above comments is to address the evidence of
increasingly rapid climate change. Recently it was warmer at the North Pole than
in parts of the United States. With temperatures in the Arctic rising 2‐3 times
faster than other locations on Earth the temperature differential with the tropics
is decreasing and thus weakening the jet stream with a concomitant shift away
from typical weather patterns.
Ice coverage of the Arctic Ocean has been decreasing annually with the
possibility that it will be ice free by the end of the century. A third of the Earth’s
soil carbon is found in the Arctic tundra soil, stored in frozen organic matter. If the
high northern latitudes warm significantly, permafrost will thaw, allowing the
organic matter in the permafrost to decompose. The decomposition will release
massive amounts of carbon into the atmosphere. The affect this will have on the
rate of atmospheric warming could be irreversible.
Also the Greenland glaciers are rapidly melting discharging large amounts
of fresh water into the Atlantic Ocean. As a result the Atlantic Meridional
Overturning Circulation (the Gulf Stream) is slowing down. This will have a critical
impact on global weather patterns and result in increasing sea level rise along the
Eastern Seaboard.
Rising surface temperatures in the central and eastern tropical Pacific
Ocean, a naturally occurring event, has resulted in this years’ Godzilla El Nino.
Soon this phenomenon will be supplemented by the Madden‐Julian Oscillation.
Several studies of historical data suggest that the recent El Niño variation is linked
to anthropogenic climate change in accordance with the larger consensus on
climate change. It has had a massive impact on the economies of the southern
United States. Fortunately our community has been spared the most severe
human and financial impacts of climate change.
Of the measures required to reduce our greenhouse gas emissions, the
above proposal in support of the adoption of Demand‐side management policies
is considered to be the “low hanging fruit”. If we are willing to stretch our
intellectual capacities and work in coordination with developers, architects,
engineers, and contractors, high performing energy efficient buildings may be
constructed at a relatively similar cost to conventional code compliant buildings
with a bonus of having substantially reduced operating costs over time.
Unfortunately the City does not yet employ a trusted consultant qualified to
provide advice on building science to assist in reducing the perceived barriers to
such action.
I realize that this is not a comfortable discussion topic for Common Council
members. The planet will soon, if it has not already, crossed critical thresholds.
Climate change will not be a linear process but one with feedback loops greatly
accelerating the pace of change. Our community needs to address these potential
problems before they become more acute. You can not “kick the can down the
road” to some yet unidentified future Common Council member. I urge everyone
to acknowledge the immediacy of the need to take action and to accept their
daunting responsibility to participate in the process of resolving this existential
challenge. Thank you.
Brian Eden
Chair, Energy Committee
Tompkins County Environmental Management Council
To the Planning and Development Committee of Common Council and the
Industrial Development Agency:
The Coalition for Sustainable Economic Development adopted the following
resolution at its November 6, 2015 meeting.
RESOLUTION ON RECOMMENDATIONS TO REVISE CIITAP
1)Whereas the Community Investment Incentive Tax Abatement Program
(CIITAP) was created by the City of Ithaca in 2000 to “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” [from the city webpage], and
2)Whereas historically the Industrial Development Agency (IDA) awarded tax
abatements to industrial and manufacturing businesses with no local
competitors that sold products or services outside Tompkins County, with a
goal of promoting job growth and economic development, and abatements
were not given for retail or rental properties, and
3)Whereas in 2001, as an experiment to jump-start downtown development,
the IDA agreed to consider tax abatements for projects that were
recommended by the City as qualifying under CIITAP criteria, and
4)Whereas the CIITAP policy was amended in 2006 to add requirements for a
menu of community benefits to be met by the developer before the city
would recommend such an abatement to the IDA, and
5)Whereas the CIITAP policy was subsequently amended in 2012 to eliminate
the community benefits requirement and to define three broad criteria:
project size (assessed value > $500,000 increase), density (3 or more stories
tall), and location – that would qualify a project for abatement
recommendation, and
6)Whereas since CIITAP’s inception through Dec 2014, applications have been
received for 910,700 abated square feet downtown - resulting in nearly
500,000 square feet already built and more than 130,000 square feet
currently under construction, including 2 hotels, 1 hotel/office/retail, 1
health club, 1 apartment/office/retail building, 3 apartment retail and/or
restaurant buildings, and 2 office/retail buildings, and at least 650 jobs have
been created [figures based on a memo from Economic planner Jennifer
Kusznir to the City Planning and Economic Development Committee,
December 4, 2014], and with several more similar projects pending, and
7)Whereas there appear to be no metrics or goals to determine when the
CIITAP program is deemed successful or when it could be eliminated but that
the reasons for the policy as outlined above appear to be fully met, and
8)Whereas the trend for American downtowns to once again become a
preferred living, shopping, and visiting space is already well under way in
Ithaca, as stated, for example, by Jan deRoos, a hotel siting expert at Cornell’s
School of Hotel Administration and former member of the City’s Board of
Zoning Appeals. deRoos has concluded that downtown Ithaca is an
“established destination,” stating “Building on green space doesn’t work
anymore…Travelers want to be able to walk out of their hotel and have a
selection of restaurants and shops right there…Ithaca is the poster child for
this kind of thing,” and
9)Whereas CIITAP-based abatements may have brought more development
and a larger tax base to downtown Ithaca, the projects only occasionally
bring sustainability initiatives, affordable housing, and local business
promotion and more and more frequently are met by strong public
opposition due to the type of development, construction impediments,
parking and traffic concerns, and other community impacts; now therefore
be it
Resolved that the Common Council should:
1.Declare that CIITAP’s original objectives have been met.
2.Recognize that a vibrant local economy is characterized not only by a
strong tax base, creative events, and influx of outsider spending, but also
by sustainable environmental practices and opportunities for local
residents to find good-paying jobs and affordable housing.
3.Revise CIITAP’s objectives and abatement recommendations to focus
specifically on development of permanently affordable rental housing and
affordable or mid-range owner-occupied housing for long-term
community residents that is:
i. well insulated and sourced by renewable energy,
ii.consistent with the size, scale, and locations recommended in
the Comprehensive Plan, and
iii.built by a diverse workforce including at least 80% local labor
who are paid a living wage.
4.Develop city-wide policies such as inclusionary zoning, enhanced building
codes, or other initiatives that will help to achieve the following goals
without the need for tax abatements:
i.development of energy-efficient, renewable energy-sourced
affordable housing,
ii.hiring of diverse local labor, and
iii.payment of a living wage.
5.Develop specific criteria to determine benchmarks for success of the
revised CIITAP program, and evaluate and report on the progress of the
program annually.
6.Terminate the revised CIITAP program as soon as possible and in no case
later than 5 years from November 2015.
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. Additionally, the CIITAP
encourages development which can result in additional benefits to the community, such as
producing local labor and living wage employment opportunities, or assisting the
community with reaching sustainability goals or goals in diversifying employment and
ownership of companies investing in the City of Ithaca.
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.
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, by
meeting a basic set of criteria or for a period of up to 12 years by providing additional specified community benefits.
2
II. Density Boundary
This program is intended to apply to projects located within the City of Ithaca Density
District. The District is outlined on the map below.
III. Basic 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,
municipal compliance, sustainability, local labor, and diversity and inclusion
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
3
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:
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.) Sustainability and Energy Requirement- ― In order to meet the sustainability
and energy requirement to be eligible for tax abatement under CIITAP, a project
must either:
Conduct an annual benchmarking of energy usage during the term of the
abatement by using the free online software, EPA Energy Star Portfolio
Manager. This tracking would show whether the building is using energy
at the level designed.
Benchmarking report would be provided to the City and the
IDA
The information would also be made available to the public
OR
Commit to document that the proposed project will qualify for Base LEED
certification. The project will also need to provide documentation at the
end of construction that is has been stamped by a registered architect
certifying that the building was constructed to the standards listed in the
LEED certification checklist.
6.) Diversity and Inclusion- In order to meet the minimum diversity requirements an
applicant must submit to the City the following:
The “Company’s or the major tenant’s existing workforce demographics by
gender, race/ethnicity, age, disability, job class and gender, and job class
and race/Hispanic ethnicity; and
4
Acknowledgement they have read and understand the City’s Anti-
Discrimination employment ordinance; and
A statement of their company’s or the major tenant’s goals for workforce
diversity.
7.) 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.
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.)
IV. Enhanced Eligibility Criteria
Project sponsors applying for tax abatement(s) under the CIITAP, may elect to apply
for enhanced 12 year abatement by meeting the minimum requirements in section III
of this application, by proving the project has financial need and by providing the local
community with one or more pre-established community benefits listed below:
Option 1: Local Labor
The City of Ithaca acknowledges the importance of incorporating local labor in
projects wherever possible and practical. An applicant may apply for an
enhanced abatement, if they commit to utilize at least 40% “local” labor in the
construction project. “Local” labor is defined as individuals residing in the
following counties: Tompkins or one of the adjacent six counties of Chemung,
5
Tioga, Seneca, Cortland, Schuyler or Cayuga. The “local” labor requirement
may be satisfied by any one of the following methods: (1) ratio of the number
of local laborers to total laborers working on the project; (2) ratio of wages and
benefits paid to local laborers compared to total wages and benefits paid to
laborers; or (3) at least 40% of the value of all construction contracts are
awarded to subcontractors headquartered in the “local” labor area.
Option 2: Energy Standards and Sustainability
The City of Ithaca acknowledges the importance of encouraging sustainable
development with high energy performance standards. An applicant may apply
for an enhanced abatement, if the proposed development will be constructed to
use at least 20% less energy than required by the current New York State
Energy Code Requirements.
o The applicant will be required to use the free online Department of
Energy Building Energy Asset Score tool to document compliance with
this standard. The U.S. Department of Energy’s Building Energy Asset
Score (Asset Score) is a national standardized tool for assessing the
physical and structural energy efficiency of commercial and multifamily
residential buildings. The Asset Score generates a simple energy
efficiency rating that enables comparison among buildings, and
identifies opportunities to invest in energy efficiency upgrades. It is
available for voluntary use and is 100% free to use.
http://energy.gov/eere/ buildings/ building energy-asset-score. The
building will need to receive a score of at least X out of 10. In addition,
the score must be certified to the IDA by a third party a licensed
engineer or architect.
Option 3: Living Wages
The City of Ithaca acknowledges the importance of encouraging employers to
fairly compensate employees with a livable wage. An applicant that is
proposing the development of a hotel or some other primarily single use
building may apply for an enhanced abatement by agreeing that for the entire
term of the abatement, 100% of their labor force and at least 25 employees, will
be paid at least a living wage salary, as defined by the most recently published
Alternatives Federal Credit Union Living Wage Study.
V. Incentive Package
Property Tax Abatement ― The Basic CIITAP property tax abatement will begin at 90%
in year one and decrease in equal increments over seven (7) years. However, this minimum
term may be adjusted in order to match with the IDA minimum abatement period.
Applicants may request a ten year 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 administrati ve staff of the project pro
6
forma. In addition, an applicant may apply for an enhanced 12 year abatement, that begins
at 100% in year one and decreases in equal increments over twelve (12) years, by showing
that the project has financial need, meets all of the minimum requirements listed in section
III of this application, and also fulfils at least one of the enhanced benefits listed in section
IV of this application.
The abatement will only impact taxes on improvements to the property and not taxes on
the existing value.
Term
The basic abatement schedule has been established at 7 years. However, the minimum
term may be adjusted in order to align with the minimum abatement period that is
established by the Tompkins County Industrial Development Agency (IDA). The
maximum term will be determined by the value of the benefits offered to the Ccommunity,
however, the term shall not exceed 12 years.
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).
VI. 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.
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:
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.
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.
7
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.
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.
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.
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.
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.
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.
Refer to the Tompkins County Industrial Development Agency’s Mission, Policies,
and Procedures for additional information.
VII. 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
8
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.
9
VIII. 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:_________________________________
10
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:_______________________________________________
______________________________________________________________________
11
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):______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
12
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? ____________________________________________________________
13
IX. 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 an d
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
14
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______
____________________________________
X. Completion Status (to be completed by staff)
ELIGIBILITY CRITERIA:
Size: ________________
Density: ________________
Location: ________________
Additional Documentation Submitted: _____________
Staff Review Date:______________
Mayor’s Endorsement Date:_____________
To: Planning and Economic Development Committee
FROM: Jennifer Kusznir, Economic Development Planner
DATE: January 5, 2016
RE: Proposal to Create a Temporary Mandatory Planned Unit Development
Zoning District in the Waterfront Study Area
The purpose of this memo is to provide information regarding a proposal to create a Temporary
Mandatory Planned Unit Development (TMPUD) Zoning District.
In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of the City of
Ithaca’s Comprehensive Plan. In November of 2015, the Planning and Economic Development
Committee directed planning staff to begin working on a waterfront development plan as a part
of the next phase for the Comprehensive Plan. The existing developable land along the City’s
waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1. Since this planning effort will
likely result in changes in the zoning requirements in this area, staff is recommending that the
City consider rezoning the entire area to a Temporary Mandatory Planned Unit Development
(TMPUD) zone, until a plan for the waterfront is completed. A map of the proposed waterfront
study area is enclosed.
In 2014, the City adopted a floating PUD that could be used in any I-1 zoning district. The PUD
is a tool intended to be used to encourage mixed-use or unique single use projects that require
more creative and imaginative design of land development than is possible under standard
zoning district regulations. A PUD allows for flexibility in planning and design, while through
the process of review and discussion, ensures efficient investment in public improvements, a
more suitable environment, and protection of community interest. However, a PUD also requires
the applicant to work with the Common Council to determine appropriate development of a site.
Since, the zoning in this area is in a transition period, staff feels that having the Common
Council oversite on any potential development plans will allow for appropriate redevelopment of
this site that will take into consideration the work that is being done on the plan for this area.
Enclosed for your consideration is a draft ordinance to establish a Temporary Mandatory
Planned Unit Development (TMPUD) zoning district in the waterfront study area.
If the Committee is in agreement, staff will draft an environmental review of this action and
circulate it along with the draft ordinance, and return to the Committee next month with any
comments that are received. If you have any questions, please feel free to contact me at 274-
6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & 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
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City does hereby establish a Temporary Mandatory Planned Unit Development
(TMPUD) District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add
the following section:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81-f.
B. Purpose and Intent.
A Temporary Mandatory Planned Unit Development District (TMPUD) is
hereby established, for a period up to 18 months from the effective date of
this ordinance, it being the intent of the Common Council that during that time
the City will adopt land use regulations to implement a waterfront plan, the
adoption of which regulations shall repeal this ordinance, or shall amend this
ordinance to render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with
transitional oversight for potential development projects in order to ensure
that development in the waterfront study area supports the goals of the City’s
Comprehensive Plan, which may differ from the pre-existing zoning in this
area. This is intended to allow the Common Council a reasonable period of
time in which to establish a plan for the waterfront study area and to adopt
compatible zoning standards.
Under this ordinance, the Common Council intends to employ the
recommendations established in the Comprehensive Plan when determining
whether to approve a proposed development in the waterfront study area.
The TMPUD will mandatorily apply to proposals for new construction or for
development proposals that will change an existing building footprint by more
than 50%, but shall not apply to any other construction or development, which
shall remain subject to otherwise-applicable zoning ordinance.
C. Background.
1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I
of the City of Ithaca’s Comprehensive Plan. This plan identifies the desired
future land uses in the City, as well as areas where development is
anticipated and encouraged, identifying community goals and
recommendations for achieving these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee
submitted a written recommendation to the City that included developing a
plan for the waterfront as a priority for the next phase of the City’s
Comprehensive Plan.
3. In November of 2015, the Planning and Economic Development Committee of
the Common Council directed Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan.
The existing developable land along the City’s waterfront is currently zoned
WF-1, WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed
Use area as the creation of a mixed use district, including commercial, and
housing, with an emphasis on uses that create an active waterfront
environment.
The City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront. Pedestrian and
bicycle connections should be improved, particularly to adjacent mixed use
areas. Developable space in the waterfront area is at a premium and reducing
the impacts of parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will
be determined by the Waterfront Development Plan currently being
undertaken.
4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning
District. A PUD allows for flexibility in planning and design, while through the
process of review and discussion, ensures efficient investment in
development that, among others, forwards a City’s comprehensive plan.
Because the zoning in this area is in transition, the temporary mandatory PUD
will enable development to continue during the crafting of new land use
regulations, subject to Common Council’s oversight.
D. Effective Period.
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
E. Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or
total floor space of an existing building by 50% or more will be subject to
the TMPUD under this ordinance, and—absent compliance with the
TMPUD—shall not be entitled to proceed in reliance on pre-existing land
use regulations, which absent the TMPUD might or would have enabled
their construction. Any changes to existing structures that do not enlarge
the footprint or total floor space of an existing building by 50% are not
subject to the TMPUD and remain subject to the pre-existing underlying
zoning.
2. The TMPUD shall be located in the waterfront study area, whose
boundaries can be seen on the map entitled Proposed Waterfront Study
Area-dated 12/9/2015.
F. Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common
Council may pursuant to TMPUD application authorize, including Council’s
consideration and potential authorization of development restrictions such
as yard size, height restriction, building coverage, and lot size,. In
addition, the Common Council may impose any conditions or limitations
that are determined to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, requiring acoustical or
visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the
development.
G. Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building
permit shall be issued for a building or structure within the TMPUD, and no
existing building, structure, or use in the TMPUD shall be changed, unless
the proposed building and/or use is in accordance with a site plan
approved pursuant to the provisions of Chapter 276 of the City of Ithaca
Code.
H. Criteria.
Common Council will consider an application for any development within
the TMPUD on the following criteria, among others:
1. Is the project in accordance with the City Comprehensive Plan, which
specifically lists the following:
Promoting mixed use development, including commercial
and housing
Emphasizing waterfront activities
Reducing impacts of parking
Providing for additional employment opportunities
Promoting public access to the waterfront
Enhancing and preserving any environmentally sensitive
areas
I. Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the
application process established in Subsection 12(G) of this Chapter,
without regard therein to any references to underlying zoning or alternate
processes.
J. Additional Requirements.
For any new construction in the TMPUD, the Common Council may
impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, and requiring bonds or
other assurances of completion of any infrastructure to be built as part of
the development.
K. Expiration.
A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the
PUD will automatically be revoked, unless otherwise stated by the
Common Council. In the case of extenuating circumstances the developer
may apply to the Common Council for an extension of PUD approval. If
the site plan changes significantly, said significance as determined by the
Director of Planning and Development, it may require re-consideration by
the Common Council. The Director of Planning and Development may
determine that the changes are minor and do not require re-approval.
L. Exemptions.
Construction, alterations or demolition authorized by building permits which
were issued on or before the effective date of this Section shall be exempt
from the provisions of this TMPUD.
Section 2.
Supersession.
This Section 325-13 is intended to supersede any provision of the City Code insofar as
said provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this ordinance.
Section 4.
Effective Date.
This Ordinance shall take effect immediately and in accordance with law upon publication
of notice as provided in the Ithaca City Charter, and shall expire 18 months after the
effective date, except as to any application for any development within the TMPUD that is
filed under this ordinance prior to its expiration and not thereafter withdrawn by the
applicant.
MEMORANDUM
TO: Planning and Economic Development Committee of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: December 30, 2015
SUBJECT: Request to Revise City Zoning Ordinance, Article VA, “Telecommunications Facilities and
Services” to Lower the Required Fall Zone
The City has received a request to consider revising City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” (hereafter referred to as “TCO”), Section 325-29.9. A. (1) concerns the fall zone
setback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles,
and lattice structures. The area of a fall zone is where: “No habitable structure or outdoor area where people
congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or
its mount.”
Specifically, the request is in regard to the existing telecommunications tower located at 815 South Aurora
Street in the City of Ithaca. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In
accordance with the existing ordinance, this would require any development to be outside a radius of 340 feet
from the base of the tower. The request is to reduce the fall zone to 120% of the height of the tower, the
distance the cell tower will actually fall based on two engineering reports submitted to the city, (available upon
request) which state that in the worst situation, if all three-guy wires supporting the tower fail, the tower’s fall
will be equal to the tower’s height, or 170 feet and that a debris field may extend beyond the collapsed tower an
additional 10-15 feet.
The City of Ithaca adopted its Telecommunications Services and Facilities Ordinance (TCO) in 2002, carefully
avoiding any violation of Federal law. The FCC imposed limitations on communities so that local governments
could not prohibit cell towers from within their municipalities. The City based the fall zone requirement on its
authority to adopt laws that protect the safety and welfare of its citizens as well as to protect the natural features
and aesthetic character of the City.
The required falI zone was determined, in part, to insure that cell towers were not placed in the City’s valley or
“flats” as we commonly describe our downtown. Several locations were proposed by various carriers that
included Cass Park, Stewart Park, Newman Golf Course, the NYSDOT site, and Inlet Island. Essentially, with
a fall zone requirement of twice the height of the tower, there are very few places in the city where a cell tower
could be sited. If the fall zone is reduced, it may allow for more towers to be built in the city but it will also
allow projects on land where previously the fall zone prohibited development.
If you feel this proposal is worthy of further consideration, I will distribute this concept memo for comment,
and further discussion by the Planning Committee at the February 9, 2016, meeting.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
JoAnn Cornish, Director of Planning and Development
Telephone: 607-274-6550 Fax: 607-274-6559 Email: dgrunder@cityofithaca.org
City of Ithaca
Planning & Economic Development Committee
Wednesday, December 9, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ellen McCollister, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal at 7:35 p.m.
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Jennifer Kusznir, Senior Planner; Debbie
Grunder, Executive Assistant
Others Attending: Nick Goldsmith, Sustainability Coordinator
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Due to the low number of people in attendance, public comment was done first.
2) Special Order of Business
a) Public Hearing – Street Level Active Use
Alderperson Brock moved to open the public hearing; Alderperson McCollister
seconded it. Carried unanimously.
Fay Gougakis stated that the bar situation is out of control and does not want more
traffic and businesses creating noise, etc. She further stated that the general public
especially those who live downtown don’t seem to matter to the City. Things don’t have
to be loud to be successful. The community that lives here matters.
Alderperson Brock moved to close the public hearing; Alderperson McCollister
seconded it. Carried unanimously.
b) Presentation – Residential Energy Score Project
Emelie Cuppernell, Research Energy Score Right Performance Developments, Inc.,
presented the project to the committee.
The team was made up for five municipalities – City of Ithaca, Town of Ithaca, Town of
Ulysses, Danby, and Cayuga Heights. They plan to develop a local home energy
rating and disclosure program and implement in by March 2016.
Two national energy ranking systems will be used. The rankings are similar to an MPG
rating used for automobiles.
A technical advisory committee has been formed, and a legal review has been
performed.
The second draft of the project will be brought back to the committee in February 2016.
Public outreach will be done in January 2016.
3) Public Comment and Response from Committee Members
Fay Gougakis, Commons, spoke on the light pollution on the Commons.
The bank has a huge billboard that lights up as well as store fronts and the holiday
decorations can be an issue for some people. Light issue is a big concern to her.
Monika Roth, 111 Worth Street, Cooperative Extension, is in favor of the backyard
chicken ordinance. She provided her comments in hard copy which are attached to
these minutes.
Thomas Shelley, 118 East Court Street, was happy with the information
Alderperson Martell presented.
Alderperson Brock stated she understands Fay’s concern.
4) Announcements, Updates, and Reports
In January, Lynn Truame will come in front of the committee regarding
affordable housing and inclusion and inclusive.
The home at Ithaca Falls will be assessed as to do next with it.
5) Action Items (Voting to Send onto Council)
a) Street Level Active Use – Resolution
This will be limited to the primary Commons, the State Street block, but not bank
alley.
Per Nels Bohn’s memo, he suggested other uses to be included.
Brock stated that in some states there is a type of saturated zoning that limits
the number of banks in close proximity.
After discussion, it was decided to keep Bank Alley in since that space may and
probably will change from banking to some other type of use in the future.
Philly DeSarno recommends a pilot program for a two-year time period and see
how it goes then decide whether to include or not include Bank Alley.
JoAnn Cornish stated the City looked at limiting the number of tobacco type
shops.
Alderperson Murtagh asked the group whether we want to include the
suggestions in Nels’ letter.
McCollister moved to accept Nels’ recommendation to not include Bank Alley;
seconded by Alderperson Kerslick. All opposed. Carried unanimously.
Regarding the recommendation of the extension of the definition of active use
made by Nels Bohn, Jennifer Kusznir recommends at least adding light
fabrication, the first suggestion on Nels’ list.
Alderperson Kerslick stated his concern based on what happened to the
Collegetown store fronts – they were turned into student housing.
Alderperson Brock supports some of Nels’ recommendations. She doesn’t feel
that a radio and TV station don’t seem to be ‘active’ uses. She stated that she
would like to see Bank Alley remain in the ordinance.
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the
Primary Commons – Declaration of Lead Agency
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed
unanimously.
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 zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposal to amending the
Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Create
a Requirement for Street Level Active Uses on the Primary Commons.
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for Street
Level Active Uses on the Primary Commons — Declaration of
Environmental Significance
Moved by Alderperson Brock; Seconded by Alderperson Kerslick.
Passed unanimously.
1. WHEREAS, The Common Council is considering a proposal to
amend the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning,” To Create a Requirement for Street Level
Active Uses on the Primary Commons, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full Environmental
Assessment Form (FEAF), dated October 26, 2015, and
3. WHEREAS, the proposed action is a “TYPE I” Action under the
City Environmental Quality Review Ordinance, and
4. WHEREAS, the Common Council of the City of Ithaca, acting as
lead agency, has reviewed the FEAF prepared by planning
staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment
Form, dated October 26, 2015, and be it further
2. RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it
further
3. RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby
directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same
to any other parties as required by law.
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for Street
Level Active Uses on the Primary Commons
Moved by Alderperson McCollister; seconded by Alderperson Martell.
Passed unanimously.
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to add a
new subsection 325-8D(3), that will establish a requirement for
active street level uses for any establishment that opens on to
the Primary Commons. Section 325-8D(3), shall read as follows:
325-8 D.
(3) All properties located in the CBD district that
contain a storefront that fronts on the Primary
Commons, must contain an active use on the street
level, for that portion of the building that fronts
onto the Primary Commons. Active uses are defined
as any of the following:
Retail Store or Service Commercial Facility
Restaurant, Fast Food Establishment, or
Tavern
Theater, Bowling Alley, Auditorium, or Other
Similar Public Place of Assembly
Hotel
Library or Fire Station
Public Park or Playground
Bank or Monetary Institution
Additional uses may be permitted if the Planning
and Development Board determines them to be an
active use and grants special approval for the
use.
Section 3. The City Planning and Development Board, the City
Clerk, and the Planning and Economic Development Division shall
amend the District Regulations Chart to add street level active
uses as a requirement under the permitted primary uses, in
accordance with the amendments made by this ordinance.
Section 4. 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 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
6) Action Items – Approval to Circulate
a) Changes to Exterior Property Maintenance Ordinance (EPMO)
Chair Murtagh reviewed the changes to this ordinance.
Changes include:
1) 24-hour warning period for violations related to litter, solid waste, and garbage
stored outside. Those signed up to 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 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) for
garbage-related offenses and $40, $60, $100 (for 1st, 2nd, 3rd offenses in a 12-
month period) for snowy sidewalk violations.
3) Fines for lids off of garbage cans would be lowered to $20. This would not
escalate.
It was the agreement of the committee that the new fee scale and email notification
is a very good idea and was very long coming.
This also includes the storage of trash. It will be a 24-hour practice.
Alderperson Martell moved to circulate; seconded by Alderperson Kerslick. Passed
unanimously.
b) Planned Unit Development (PUD) – Waterfront
The study area for the comprehensive plan is the Waterfront area. What this
policy would do is determine that any new projects and proposals will follow the
Plan II of the comprehensive Plan.
Alderperson Kerslick asked what the scope of the study is.
JoAnn Cornish stated there is a great deal of time to determine what should be
included in the Waterfront Zone.
The PUD Ordinance would have to be amended to include this new zone.
Alderperson McCollister stated this is a great recommendation and supports it
completely.
JoAnn Cornish stated we don’t want to limit development, but we do want to
have some control of what type of development is allowed.
A draft ordinance will be brought back in January and then the ordinance,
concept memo, and map will be circulated.
7) Discussion
a) Backyard Chickens
Alderperson Martell explained the research she gathered for the suggested
chicken pilot program. She worked closely with Mike Niechwiadowicz, Building
Division, regarding the inspection of the properties involved.
Alderperson Brock stated her opposition of including the ‘no slaughtering’
section.
Kerslick suggested we discuss the slaughter concern with Monika Roth at Coop
Martell will work with Mike N. and the attorney’s office to draft an ordinance and
bring it back in January or February.
8) Review and Approval of Minutes
a) October, November 2015
Alderperson McCollister moved to approve both sets of minutes; seconded by
Alderperson Brock. Passed unanimously.
9) Adjournment
All agreed to adjourn at 8:10 p.m.