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HomeMy WebLinkAboutMN-CC-2020-03-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 4, 2020 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine Assistant City Attorney - Flaherty City Controller – Thayer Human Resources Director – Michell-Nunn Chief of Staff - Cogan PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Mohlenhoff requested that Item 9.5 Revision to Acting Department Head and Department Head Salaries Upon Promotion be moved to the top of the agenda. No Common Council member objected. Individual Member Filed Resolutions: Alderperson Brock requested the addition of Item 13.2 Restore Mother Nature Bond Act to the agenda: No Common Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Richard Onyejuruwa, City of Ithaca, Community Police Board Commissioner, addressed issues related to tourism, resident safety, and homelessness. He further asked questions and made comments regarding the recent disciplinary actions taken against Ithaca Police Investigator Barksdale. Marc Messing, Town of Ithaca, discussed his continued denial of membership for the Cascadilla Boat Club and the lack of enforcement of the contract between the City and the Boat Club. Nia Nunn, City of Ithaca, requested that the City dismiss the action taken against Investigator Barksdale and allow her to retire with dignity. Yetunde Smalls, Kalena Yearwood, Sofia Meadows, Amir Tazi, Ithaca College students, asked the City to reconsider the actions taken against Investigator Barksdale and to allow her due process. They commented on how Investigator Barksdale has acted as a change agent and a role model to black women in the community. Andre Gardiner, City of Ithaca, voiced his opposition to the proposed Conference Center. He noted flaws in the data and recommended letting the hotels finance the project. Megan Vidler, Home Green Home, addressed concerns regarding the small businesses that will be displaced by the Vecino project. March 4, 2020 2 Diedre Kurzweil, City of Ithaca, addressed concerns regarding the displacement of local businesses and the need for mitigation plans related to the Rimland development project. Jack Nelson, Town of Newfield, 20 year veteran of the Ithaca Police Department, voiced support for Investigator Barksdale, a J. Diann Sams Award recipient, and expressed concern that a police personnel matter has been made public. Caleb Harrington, downtown business owner, expressed concern regarding the displacement of small businesses as a result of the Rimland development project. Brett Bosard, Executive Director of Cinemapolis, voiced support for the tenor of the memo regarding the relocation or dramatic improvements to the inter-city bus space located on East Green Street. He further described the negative impacts that local businesses are experiencing as a result of the location of the bus services. Fay Gougakis, City of Ithaca, shared her frustration over the continued reductions of the police department budget, the urgency of keeping the post office downtown, and the impact that conference center development will have on downtown residents. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick thanked the speakers for coming to the meeting. He stated that the City has been very clear with Mr. Rimland regarding the requirement that he develop mitigation plans for the proposed dislocation of businesses and noted that staff will be looking into this matter further. He further responded to comments made about the location of the inter-city buses, stating that improving the curbside area will help as the City works to find a long-term solution to this issue. Mayor Myrick addressed the issues happening at the Ithaca Police Department, acknowledging that some of what has been done, was done by him. He noted that he has also looked up to Investigator Barksdale and strongly agrees with some of the statements made. He explained that even if he disagreed with other comments made, he is not in a position to rebut them due to legal requirements. He commented that NYS law restrictions have hindered accountability and transparency in police departments. He noted that several months ago, he released body camera footage from a police-involved incident that occurred on the Commons, and a year ago a news release was sent out regarding the termination of an officer for conducting inappropriate and illegal activities. He acknowledged that in this case, the Investigator’s name should not have been released. He stated that this is not the failure of one person, it is the failure of the entire department, and the entire organizational structure from the Mayor, to the Police Chief, on down. He explained that corrective actions have been taken for everyone in the chain of command and noted that this failure will stay with him for the rest of his life. He addressed the issue of contacting the victims of sexual assault, noting that the statute of limitations had not expired. People who came to the police department expecting that suspects would be interviewed, did not receive that service which potentially meant that perpetrators were still out there. He explained that the Investigator is being represented by an attorney and the Police Benevolent Association, so they would have to request that action be taken that would allow her to retire from the department. He further responded to comments made about the Community Police Board which works to hold the police department accountable when something needs to be corrected and to raise up the actions of good police officers. He encouraged people who are interested in that type work to contact the Board to discuss opportunities with them. Alderperson McGonigal thanked the speakers and assured them that Investigator Barksdale has people at the table who are sincerely looking out for her best interests. Alderperson Smith also thanked the speakers. He noted that he holds Investigator Barksdale in very high esteem. He commented that also holds the police to high March 4, 2020 3 standard when asking for more resources and has voiced his desire for a commitment for community policing. He stated that Council is not legally allowed to discuss this issue, and not being able to have a two-way dialog with all of the interested parties does not feel good. He urged everyone to be patient, watch the process, and be open minded to all sides of the story. Mayor Myrick stated that meetings could be arranged in the Mayor’s Office or on campus to have a more direct conversation, noting however that some information would need to be restricted. Alderperson Murtagh stated that he found the allegations against Investigator Barksdale incredibly shocking when they were presented to Council. He acknowledged the awards and contributions that Investigator Barksdale has made to the community and noted that collectively Council has acknowledged that this is a systemic failure that includes the supervisors and leadership of the City. He further commented that the publicity has been focused on Investigator Barksdale, which is wrong, the supervisors should be held accountable. He thanked the speakers for coming out and speaking out on this issue. Alderperson Murtagh further addressed the business owners that spoke, noting that he was very disturbed to hear the news of possible displacement. He stated that he is very reluctant to vote on anything until there is a meaningful mitigation plan in place that ensures the survival of these businesses. Alderperson Brock expressed gratitude to the speakers for coming, noting that it is important for the community to stand with and behind the people who show leadership in the community. She noted that she has disagreed publicly with the way this issue has been brought forward to the community and has asked the community to pause judgement while due process is underway. She further commented that this incident has peeled away a bit of the patina of Ithaca as being an enlightened community and reveals that there is a need to look closely at the racial relationships we have in the City and in this organization. She stated that this is a very deeply troubling situation that highlights the fractures in the community and in the police department and reveals that many people don’t feel safe. Alderperson Mohlenhoff responded to comments made by the potentially dislocated businesses, stating that she is happy to hear that action may be delayed until this issue is resolved. She further responded to the speakers who spoke in support of Investigator Barksdale and acknowledged that she sees, hears, and believes all of them. She noted that she has never been prouder to be an alumnus of Ithaca College and it was important and necessary to hear the experiences they shared and the impact that Investigator Barksdale has had on them. She stated that she didn’t hear anger, disrespect, or an unwillingness to have a conversation. What she heard was that everyone is here because we need to be better and can be better. She further acknowledged that everyone understands the impact this person has had on the community and noted that the power of their unified voice is very significant. Alderperson Kerslick echoed Alderperson Mohlenhoff’s comments regarding the respectful way the speakers have engaged on a very emotional topic. He expressed his hope that during the process a conversation could be held to explain what happened. He noted that communication has been terrible and has made Investigator Barksdale appear as a scapegoat. He further addressed comments made about budget cuts, noting that Council has not cut the budget for the police department. He explained that recruitment for the 5-6 vacancies in the department has been very difficult, which is something that has been happening nationwide. He noted that part of the problem is public perception of police officers, and public safety in general, and stated that improvements to community-police relations must be made to reverse this trend. Mr. Onyejuruwa interjected concerns regarding community trust with the police department in terms of communication, consistency, the budget process, and safety. March 4, 2020 4 Alderperson Mohlenhoff, Chair of the budget process volunteered to meet with anyone to discuss the line items in the IPD budget. Alderperson Gearhart thanked the speakers for coming to the meeting and for the conversation. He expressed frustration that it couldn’t be more of a dialog. He stated that Council struggled during the budget process with ways to fund recruitment efforts for new officers and noted that any ideas from the community would be very helpful. CONSENT AGENDA ITEMS: Superintendent of Public Works: 8.1 A. Viva Taqueria & Cantina Alcohol Permit Request - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, since 1998 the City of Ithaca has issued a license to the Viva Taqueria & Cantina Restaurant allowing them to utilize certain areas along North Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2020, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant that includes the sale of alcohol in accord with the terms and conditions as set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.1 B. Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit Request - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant has requested permission to utilize certain areas along Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2020, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Woody’s March 4, 2020 5 Ladybugs, LLC – d/b/a Red’s Place Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously City Administration Committee: 8.2 Request to Release Funds from the 2020 Authorized Contingency Funds for the Tompkins Center for History and Culture - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Tompkins Center for History and Culture (TCHC) has requested financial support from the City toward their Capital campaign for the Ithaca Heritage Center on the Ithaca Commons; and WHEREAS, as part of the 2020 Authorized City of Ithaca Budget, $10,000 was placed in Restricted Contingency for the purpose of financial support to said TCHC Capital Campaign; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2020 Authorized Budget: Decrease: Appropriation Account A1990 Restricted Contingency $10,000 Increase: Appropriation Account A1210-5435 Mayor Contract $10,000 for the purpose of transferring funds to the Tompkins Center for History and Culture Capital Campaign Carried Unanimously 8.3 Controller – Amend 2019 Budget Judgements and Claims - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, during 2019, the City experienced an increase in expenses related to litigation; and WHEREAS, during 2019, the City collected higher than budgeted revenue for sales tax now; therefore be it RESOLVED, That Common Council hereby amends the 2019 authorized Budget to account for the increase in litigation expenses as follows: Increase Revenue Account: A0001-1101 Sales Tax $300,000 Increase Appropriation Account: A1930-5000 Judgement and Claims $300,000 Carried Unanimously 8.4 Department of Public Works (DPW) – Amend 2019 Authorized Budget for Grant - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) received a $9,000 grant from Ithaca College through the Park Foundation in 2019 to purchase lab equipment for the Wastewater Treatment lab to assist with research related to microplastics in Cayuga Lake; and WHEREAS, the lab equipment would include a monitor, microscope camera and microscope; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Authorized IAWWTF budget for the Park Foundation Grant as follows: Increase Revenue Account: J8150-2705 Gift & Donations $9,000 March 4, 2020 6 Increase Appropriations Account: J8150-5496 Lab Supplies $9,000 Carried Unanimously 8.5 Youth Bureau - Request for Additional Funds for Capital Project - Skylight Sealing Project - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, in 2019 the Youth Bureau was approved for a capital project in the amount of $58,700 to have the skylights sealed; and WHEREAS, sealing the skylights utilizing a liquid applied reinforced waterproofing system, with a warranty of 20 years, is a comparatively cost effective measure and provides a long term solution that is more affordable than other potential solutions that were considered; and WHEREAS, initial bids were received and were over budget, and the project was rebid; and WHEREAS, the current low bid of $74,250 is significantly more than the budgeted amount; and WHEREAS, the Youth Bureau continues to experience leaks during rainstorms and ice melts due to the failing skylights joints, and in order to undertake the project, additional funding of $26,000 is required; and WHEREAS, the additional money provides a 5% contingency for changes, covers the financing costs and the charges for construction administration (approval of designs); and WHEREAS, the current balance in the Unrestricted Contingency Account is $110,000; now, therefore be it RESOLVED, That Common Council approves a transfer in an amount not to exceed $26,000 from the Unrestricted Contingency Account to Capital Project #859 Youth Bureau Sky Light Improvement for the purpose of funding said improvements. Carried Unanimously 8.6 Department of Public Works (DPW)/ Ithaca Area Waste Water Treatment Facility (IAWWTF) – Engineering Planning Grant Determination of SEQR for Award Allocations - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the City of Ithaca submitted and was awarded a $30,000 Engineering Planning Grant (EPG) under the Consolidated Funding Application (CFA) process, for an Inflow & Infiltration Study (I/I Study); and WHEREAS, the New York State Department of Environmental Conservation and the New York State Environmental Facilities Corporation offer competitive statewide reimbursement grant programs for local governments, administered through the New York Clean Water State Revolving Fund; and WHEREAS, the City of Ithaca Common Council, accepts the EPG program grant award for the I/I Study; and WHEREAS, Title 6 of the New York Code of Rules and Regulations (6 NYCRR), Section 617.5 under the State Environmental Quality Review Act (SEQR) provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed I/I Study is a Type II action in accordance with 6 NYCRR Section 617.5(c) (24) and (27) which constitutes “information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, March 4, 2020 7 surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted Action; conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action” and is therefore not subject to further review under 6 NYCRR Part 617. Carried Unanimously 8.7 Department of Public Works (DPW)/ Ithaca Area Waste Water Treatment Facility (IAWWTF) – Authorization and Project Costs for Award Allocations of Engineering Planning Grant (EPG) Program - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Wastewater Treatment Facility (IAWWTF) receives sanitary sewer flow through a series of piped networks comprised of materials and construction that are of varying age, condition, and integrity; and WHEREAS, defective pipe and component joints, cracks, and inappropriate connections can promote the intrusion of undesirable dilution flow from sources including groundwater and surface runoff, which is known as inflow and infiltration (I/I); and WHEREAS, I/I is the cause of many problematic conditions at the IAWWTF and within collection systems including increases in chemical usage, increases in pumping costs, decreases in plant and system capacity, biological treatment upsets, surcharge conditions, and unnecessary repairs; and WHEREAS, the City of Ithaca submitted, and was awarded, an Engineering Planning Grant (EPG) under the Consolidated Funding Application (CFA) process, to conduct an Inflow and Infiltration Study (I/I Study) which will help identify those areas within the piped network which produce problematic I/I and make recommendations for improvements; and WHEREAS, the New York State Department of Environmental Conservation and the New York State Environmental Facilities Corporation offer competitive statewide reimbursement grant programs for local governments, administered through the New York Clean Water State Revolving Fund; and WHEREAS, the City of Ithaca Common Council, accepts the EPG program grant award for an I/I Study; now, therefore be it RESOLVED, That The City of Ithaca is authorized to execute a Grant Agreement with the NYS Environmental Facilities Corporation and any and all other contracts, documents and instruments necessary to bring about the project and to fulfill the City of Ithaca’s obligations under the Grant Agreement; and, be it further RESOLVED, That MRB Group will act as the project contact; and, be it further, RESOLVED, That the City of Ithaca authorizes and appropriates a minimum 20% local match as required by the Engineering Planning Grant Program for the City of Ithaca I/I Study. Under the EPG program, this local match must be at least 20% of the EPG grant award of $30,000. The source of the local match, and any amount in excess of the required match, shall be provided through the IAWWTF Capital Project 414J. The maximum local match shall not exceed $6,000 based upon a total estimated maximum project cost of $30,000. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Department of Public Works (DPW) – Establish Capital Project for South Albany Street Bridge Project - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a project for the rehabilitation of the South Albany Street Bridge over Six Mile Creek, P.I.N. 375668 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls March 4, 2020 8 for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping and Preliminary Design; and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; and WHEREAS, on October 11, 2019, $155,000 (80% Federal and 20% Local Share) project funding for the project was made available by the New York State Department of Transportation to cover the cost of participation in Scoping and Preliminary Design; now, therefore be it RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping and Preliminary Design thereof; and, be it further RESOLVED, That the sum of $155,000 is hereby appropriated from Capital Project #879 and made available to cover the cost of participation in the above phases of the project; and, be it further RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 20% or $31,000; and, be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, That this Resolution shall take effect immediately. Alderperson Lewis clarified that the $31,000 represents 20% of the project cost for scoping and design. She noted that local funding for the complete project is $420,000 and asked if this project would come back to Council for future approval. Alderperson Mohlenhoff explained that funding has been set aside for the entire project, this action is to fund Phase 1 of the project. A vote on the Resolution resulted as follows: Carried Unanimously March 4, 2020 9 9.2 Establishment of a Reserve Fund for Maintenance on the Primary and Secondary Commons - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, in closing out the Commons Repair and Upgrade project, City staff have been in active discussions with the various entities who performed design, consultation, and/or construction work on the Commons project in order to resolve disputes without resorting to litigation; and WHEREAS, as a product of these discussions, Sasaki Associates, Inc. the City’s consultant providing architecture and design services, has agreed to pay the City $250,000 in settlement of all claims; and WHEREAS, the Commons continues to be a central feature of the City’s downtown, and staff have found that often Commons maintenance issues arise requiring quick attention and are outside the regular operational and anticipated Commons budget; and WHEREAS, staff wish to reserve funding for maintenance issues that would preserve the functionality of the Commons and are not otherwise budgeted for on an annual basis, with examples of these currently non-budgeted maintenance items and improvements including but not limited to the following: installation of bank alley electrical timers; replacement of GFIs; additional murals in garages in order to prevent additional graffiti; purchase and installation of additional security cameras; replacement of broken glass panels; removal/replacement of kiosks; replacement of boards on benches; restoration issues related to major events not otherwise attributable to the event; installation of Wi-Fi receptacles; installing additional outlets; additional big belly trash cans; additional Commons bike racks; new signage for bus loading areas, Commons rules, and bikes; and other improvements related to bus accessibility ; now, therefore be it RESOLVED, That Common Council hereby instructs the City Controller to apportion the $250,000 payment by Sasaki Associates as follows: 1. Establish a Commons Reserve Fund in the amount of $125,000 in order to complete repairs and improvements on the Primary and Secondary Commons as needed and described above, and 2. Devote the remaining $125,000 of such payment towards the City’s debt on the Commons Repair and Upgrade project, Capital Project #724, in such a manner as the City Controller deems most efficient. Alderperson Brock asked if this money was being paid by Sasaki Associates. City Attorney Lavine explained that a $250,000 settlement was reached with Sasaki Associates and several contractors resulting from a variety of concerns regarding the Commons construction project. Discussion followed on the floor regarding the inclusion of the Secondary Commons for project work. Planning Director Cornish noted that staff has always struggled to find funding in the existing operating budget to make small repairs and improvements to the Commons, and this fund would alleviate that need. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 An Ordinance to Amend Chapter 317 of the City of Municipal Code entitled “Vehicles, Removal of” By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick ORDINANCE 2020 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: March 4, 2020 10 Section 1. Chapter 317 of the City of Ithaca Municipal Code is hereby amended as follows: § 317-1 Definitions. Unless otherwise expressly provided, for the purpose of this chapter, the following words shall have the meanings herein indicated: ABANDONED VEHICLE A vehicle that has been left unattended and has not moved in 72 hours on any public street, highway or parking facility. CITY The geographical area of the City of Ithaca. FOR HIRE Includes any incident where a fee, charge or other consideration is, directly or indirectly, imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a towed vehicle for a consideration, although no charge is expressly imposed for the towing of such a vehicle. NONCONSENSUAL TOW The towing of a vehicle made at the request of someone other than the owner or operator of the vehicle towed. OPERATE Includes the control and direction of the use of a vehicle for towing from places within the City of Ithaca, for hire. PERSON Includes an individual, partnership, unincorporated association, corporation or other entity. TERMINAL Any place of business of a tow truck operator located within the County of Tompkins. TOWING The moving of a vehicle from public or private property by another vehicle for hire. TOW TRUCK A vehicle which is equipped with a crane, winch or similar device designed to raise, remove or carry a motor vehicle or the front or rear end thereof. TOW TRUCK OPERATOR Includes a person owning, leasing or controlling one or more tow trucks and driving, operating or causing any such vehicle to be operated upon the public highways for hire. VEHICLE A motor vehicle, as defined in § 125 of the Vehicle and Traffic Law of the State of New York; a bus, as defined in § 104 of such law; a tractor, as defined in § 151-a of such law; a trailer, as defined in § 156 of such law; or a truck, as defined in § 158 of such law. § 317-2 Definitions. Towing Provisions The City of Ithaca shall follow the provisions of the City of Ithaca Tow Service Requirements & Policy. Said policy shall be posted to the City website and filed in the City Clerk’s Office. § 317-2 Police Department tow truck list: requirements; application. A. Every tow truck operator who wishes to be included in the Police Department's tow truck list and/or heavy vehicle tow truck list for towing ordered by the Police March 4, 2020 11 Department pursuant to the provisions of this chapter shall meet the following requirements: (1) Each tow truck shall be kept fit, of good appearance and in safe condition for towing. (2) Each tow truck shall have inscribed on the outside of each front door the trade name and business address of the tow truck operator, in letters not less than two inches in height, either painted or otherwise securely affixed to both doors in a conspicuous place. (3) Each tow truck shall have a fire extinguisher, safety flares, tow chain, pry bars, and suitable brooms, shovels and containers for cleanup. (4) A schedule of fees as listed in this chapter shall be posted in a conspicuous area on the premises of each tow truck operator and shall be made available upon demand to the general public. A copy of their towing fees must also be kept in the tow truck. (5) Tow truck operators shall be responsible for removing glass or other injurious substances dropped upon the public highway by the towed vehicle. (6) Tow truck operators shall keep a record of calls and the fees charged for any towing transaction. Said records shall be made available to the Ithaca Police Department upon request. (7) Tow truck operators shall own, operate and maintain a bona fide terminal within Tompkins County where they will store vehicles towed from within the City of Ithaca. The terminal shall be identified by a legible, conspicuously displayed sign. The sign shall include the name and telephone number of the tow company and be a minimum size of two feet by two feet. (8) The terminal must be fenced, locked and lighted in a manner to ensure the safety of vehicles stored on the premises. (9) Tow truck operators shall allow for the properly authorized release of motor vehicles in their custody 24 hours a day, seven days a week. They may charge an extra fee for vehicles that are retrieved after their regular operating hours as set forth in § 317-14A(6) below. (10) Tow truck operators shall not exceed the gross combined weight rating of their tow trucks. B. A tow truck operator who wishes to be included in the Police Department's tow truck list(s) shall file with the Police Chief documentation showing that he/she is insured against public liability in the limits required by law, which insurance certificate shall name the City of Ithaca as an additional insured party, as well as an application upon forms to be furnished by the Police Chief, verified under oath, and stating: (1) The name and address of the tow truck operator and the address of the place from which the tow trucks are proposed to be garaged and dispatched, specifying, in the case of an unincorporated association, the name and address of each member thereof and, in the case of a corporation, of each officer and stockholder. (2) The location of any and all depots and terminals proposed to be used by the applicant. (3) Whether the operator wishes to be included on the heavy vehicle tow truck list. (4) Any other relevant information which the Police Chief may require. C. After review of the application, and provided that the tow truck operator meets the requirements of Subsection A above, the Police Chief shall place the tow truck operator on the Ithaca Police Department's tow truck list and/or heavy vehicle tow truck list. The Police Chief shall establish reasonable rules and regulations for the inspection of tow trucks to ensure compliance with the requirements of this section. D. Tow truck operators on the tow truck list shall be authorized to tow motor vehicles involved in accidents or to have motor vehicles towed or impounded for violations of law by order of the Ithaca Police Department pursuant to § 317-13 below, March 4, 2020 12 provided, however, that in instances where time is critical, such as in cases of a snow emergency or auto accident, the officers of the Police Department reserve the right, in their discretion, to call the next operator on the tow operator list if the operator that has been called fails to respond to the scene within a twenty-minute time frame. § 317-3 Removal from the Ithaca Police Department towing lists. A. The Police Chief may remove any tow truck operator from the Police Department towing lists upon a finding that the tow truck operator: (1) Violated any of the provisions of § 317-2A above. (2) Violated any of the provisions of § 317-14, pertaining to removal and storage charges. (3) Repeatedly refused calls or failed to answer calls from the Police Department for towing services. (4) Failed to cooperate with Police Dispatchers or any member of the Ithaca Police Department at the scene of any accident or a scene where a vehicle is to be impounded or towed. B. Removal for a first violation shall be for a period of up to six months, and for a second violation for a period of up to 12 months. A third or following violation may result in permanent removal from the list. § 317-4 Application for review. A. Any tow truck operator whose application to be added to the Ithaca Police Department's towing lists has been denied or has been removed from the lists, may apply to the Common Council for a review of the action by the Police Chief. (1) The application to review the Police Chief's determination shall be in writing, signed by the tow truck operator, and shall state his/her reasons for claiming that the Police Chief's determination was erroneous. (2) The application for review must be filed with the Police Chief within 20 days of receipt by the tow truck operator, either by mail or in person, of notice of the Police Chief's decision. (3) Upon the filing of the application for review, the Common Council shall appoint an ad hoc committee, consisting of three members of the Common Council, and hold a hearing on the application. (4) The ad hoc committee of the Common Council shall, at the hearing, review the decision of the Police Chief, and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review. B. The ad hoc committee of Common Council, after the hearing, may either affirm the determination of the Police Chief or direct him to add or restore the tow truck operator to the Ithaca Police Department's tow truck list. § 317-5 Hearings. A. The hearing by the ad hoc committee of Common Council shall be held on a date and at a place and hour designated by the committee. B. The Police Chief shall give notice of the hearing, stating the name and address of the tow truck operator concerned, the subject matter of the hearing and the date, place and hour thereof, by mailing a copy thereof to the tow truck operator at the most recent known address of the tow truck operator, at least 10 days before such hearing. C. The tow truck operator involved shall be entitled to be represented by legal counsel at the hearing and to present such testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. D. All witnesses shall be sworn and examined under oath. March 4, 2020 13 E. Any tow truck operator aggrieved by a decision of the ad hoc committee of Common Council may apply to the Supreme Court of the State of New York for review under Article 78 of the Civil Practice Law and Rules. § 317-6 3 Authority of Police Department, Fire Department and Department of Public Works to impound and remove vehicles. A vehicle may be removed by the Superintendent of Public Works, the Police Chief, the Fire Chief or their designated staff members Department of Public Works or by order of the Police Department in the following instances: A. When any vehicle is found unattended on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned. B. When any vehicle is found unattended on any highway, public parking lot or private property within the city where said vehicle constitutes an obstruction to traffic, a safety hazard, has been left unattended and has not moved in 72 hours, or obstructs ingress to and egress from private property. C. When any vehicle interferes, obstructs or restricts the mobility of or blocks the path of travel of a fire department emergency vehicle in any way, or hampers any fire department operation. D. When a designated fire lane is obstructed in any manner, including the parking or standing of vehicles, on private or public property. E. When any vehicle deters or hinders the immediate access to fire protection equipment or fire hydrants. C. F. In instances involving property appurtenant to and obviously part of a one-, two-, or three-family residence. D. G. Where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. E. H. Where a duly authorized traffic ticket for illegal parking has been issued. F. Where written notice setting forth the following information was posted on the windshield of the vehicle: (1) That the vehicle is illegally parked, abandoned or in trespass, as the case may be. (2) That, if the vehicle is not first removed, it shall be towed after four hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle. (3) The time and date when the notice was posted. G. I. Where posted signage indicating that parking is not permitted. Such signage shall meet and meeting the following requirements: The signage must be prominently placed and be maintained for 24 hours prior to the towing or removal of the vehicle from the premises. The person posting the signs shall be responsible for documenting the date, time, and location that signs are placed and shall be required to provide that information to City officials upon request. Agencies that fail to meet this requirement will be subject to reimbursing tow fees if deemed appropriate by City officials. The removal or use of these signs without proper authority shall be considered a civil violation punishable by Section 1-1 of the City of Ithaca Municipal Code. § 317-7 Procedure for towing ordered by the Ithaca Police Department. A. Selection of a towing company. March 4, 2020 14 (1) When the services of a tow truck are required, the Police Dispatcher on duty shall notify the appropriate towing company according to the guidelines hereinafter set forth. (a) If the vehicle to be towed is under 10,000 pounds' gross weight (five tons), then the next towing company on the police tow truck list will be called. The Police Dispatcher will record the call in the "Police Towing" log. (b) If the vehicle to be towed is over 10,000 pounds' gross weight (five tons), then the next tow truck on the heavy vehicle tow truck list will be called. The Police Dispatcher will record the call in the "Heavy Vehicle Police Towing" log. (2) A towing company may not designate another towing company to answer the call. If a towing company is not available, the next towing company on the list will be called. (3) The location of the incident shall not determine which towing company is to be called, unless life safety is involved. In such instance, the nearest operator to the scene will be called for assistance. (4) Requests of vehicle owner. (a) On request of the owner of the vehicle requiring towing, the owner may designate what towing company is to be called. This call will not be recorded in the police tow truck list, but will be recorded in a "Requests for Towing" log to be maintained by the Police Department. Such a request will not change the order of the police towing company list. When an owner does not designate a specific towing company and leaves it to police discretion, the next towing company on the police towing list will be called as set forth in this subsection. (b) On request of the owner of a vehicle for towing by the Automobile Association of America (AAA), the authorized AAA towing company will be called and the call placed in the "Requests for AAA Towing" log. (c) On request of the owner of a vehicle, the vehicle may be towed to any destination designated by the owner. In the event the vehicle is not towed to the storage yard of the towing operator, the owner of the vehicle shall make arrangements for payment of towing and storage fees with the operator of the tow truck and/or owner of the garage or other facility to which the vehicle is to be towed. B. In the event that a tow truck operator refuses to accept a call or does not answer a call, the next operator on the list will be called. The tow truck operator refusing or failing to answer a call will not be called again until the operator's name next appears in order to receive a call. C. No vehicle impounded by the Ithaca Police Department shall be released to the owner of such vehicle without proper authority for release from an authorized member of the Department. D. The Ithaca Police Department shall not be responsible for the payment of towing and/or storage of motor vehicles. Owners of vehicles are liable for the payment of all charges connected with towing or storage. It shall be the responsibility of the tow truck operators to arrange for the collection of all charges. § 317-8 Notice of removal. Upon the removal and disposition of any vehicle by order of the Ithaca Police Department or Department of Public Works, it shall be the duty of the Ithaca Police Department to ascertain to the extent possible the owner of the vehicle or person(s) in charge of the vehicle and notify him/her of the following information as soon as practicable: A. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. March 4, 2020 15 C. That an investigation of the tow by an impartial officer designated by the Mayor regarding whether the tow was authorized by this section may be requested by applying, in writing, for such investigation within 15 days of receipt of notification of towing. Such application for investigation shall include the reason or reasons the applicant believes the tow was not authorized. D. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released from storage, unless it is determined that the tow was not authorized. E. That if the vehicle is not claimed or an investigation requested within 15 days, the city shall confirm a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. Any proceeds of sale shall be applied first to towing and storage charges. The city shall retain the balance of the proceeds. § 317-9 Towing and storage; towing investigation. A. After the removal of any vehicle as provided in this chapter, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner or person in charge of the vehicle may redeem the vehicle upon payment to the responsible tow truck operator of the amount of all expenses actually and necessarily incurred in effecting such removal, but not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible tow truck owner for the cost of said charges. B. Towing investigation. (1) In instances where a vehicle was removed by order of the Ithaca Police Department or Superintendent of Public Works, the owner or person in charge of the vehicle may request a towing investigation before an impartial officer designated by the Mayor to determine whether the towing of the vehicle is authorized by this chapter. The investigator will review documents and/or information related to the tow as provided by the applicant and by the Ithaca Police Department or Superintendent of Public Works. Such investigation shall be completed within 15 business days after the request therefor. (2) The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this section. (3) If it is determined that the tow was not authorized under this section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges. The City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department. (4) If the owner or person in charge of the vehicle does not claim the vehicle or request an investigation within 15 days of being notified of the tow, the city shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. § 317-10 4 Procedures for failure to plea or respond to parking violation notices. Whenever a person has failed to respond to at least five separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by mail a notice to the effect that such person has failed to respond to at least five separate notices of violation for separate parking violations and that the owner's vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice, including administrative overhead. The owner shall have 10 days from the date of mailing of such letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten-day period, and thereafter the vehicle is found unattended, parked upon a street or any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees giving March 4, 2020 16 authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or it may be immobilized by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees in such a manner as to prevent its operation. § 317-11 5 Liability. The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in § 239, Paragraph 2, Subdivision b or e, of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him/her from the operator. § 317-12 Number of public auctions. The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three times per year at intervals of approximately four months. § 317-13 6 Procedures for private property towing. A. Vehicles may be towed away or removed without additional notice to the owner in the following instances: (1) From property appurtenant to and obviously a part of a one-, two-, or three-family residence. (2) Where notice is given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. B. Additional notice required. Private property owners shall not authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified by one of the following methods: (1) By posted signage on the premises meeting the following requirements: (a) The notice must be prominently placed on the premises and be continuously maintained on the premises for 24 hours prior to the towing or removal of any vehicle from the premises; (b) The notice must clearly indicate, in letters not less than two inches high on a contrasting background, that unauthorized vehicles will be towed away at the owner's or operator's expense. The notice must state clearly how long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises; (c) The sign structure must comply with the provisions of Chapter 272, Signs; or (2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow report will be completed by the Police Department and name the property owner as the complainant. C. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter. in accordance with the procedure under § 317-14 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the Ithaca Police Department 911 Dispatch Center immediately after removal. The identifying information regarding the vehicle shall be entered into a log to be maintained by the Police Department 911 Dispatch Center. March 4, 2020 17 E. When towing of a vehicle from private property is being affected pursuant to this section, the towing operator called must be one listed on the City of Ithaca rotation list. who maintains a bona fide terminal within Tompkins County, and the vehicle so towed may not be stored at a location outside the County. F. The Ithaca Police Department and the City of Ithaca shall not be responsible for the costs associated with towing a vehicle from private property. Tows from private property shall not be subject to a towing investigation as noted in § 317-9 above. § 317-14 Removal and storage charges; penalties for offenses. A. Removal and storage charges for nonconsensual towing of vehicles in the City of Ithaca, whether on public or private property, are hereby established as follows: (1) Removal charges shall not exceed $100. (2) An additional fee, not to exceed $25, may be charged in the instance where a police officer makes the determination that a special problem or circumstance exists. A "special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle, extra cleanup, or winching. The use of dollies, flat beds, ramps, jacks, or slings are not considered a special problem or circumstance. A request shall be made by the tow truck operator to the police officer at the scene of the tow that the tow be treated as a special problem or circumstance removal. Reasons for the request shall be stated by the tow truck operator to the police officer at the scene and shall be recorded in the "Vehicles Towed" report. Approval or denial of the request is to be made at the discretion of the police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. (3) Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the necessary use of one or more additional tow trucks, a crane or other extraordinary equipment other than regular or special towing equipment. (4) A fee not to exceed $30 may be charged by the tow truck operator to the owner or operator of any vehicle requiring removal services as provided in this chapter whenever the owner or operator appears to remove the vehicle after the tow truck operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. (5) Storage fees not exceeding $25 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. (6) An after-hours service charge not to exceed $25 may be charged by the tow truck operator whenever the tow truck operator is called to release a vehicle from the storage yard during the hours 9:00 p.m. to 7:00 a.m. Upon the request and tender of the required fee, it shall be the duty of the tow truck operator to release a stored vehicle at any time of the day and on any day of the week, including weekends and holidays unless there is a restriction or hold on such vehicle as per a law enforcement agency or by order of a court of competent jurisdiction. (7) The costs for towing services rendered, pursuant to this section, are subject to the appropriate state tax. (8) No additional fees, other than the fees that are set forth herein, shall be assessed against the vehicle. B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Towing operators, and/or their agents or assigns that violate the provisions as set forth herein are subject to removal from the City towing list for such period of time that the Chief of Police deems appropriate. § 317-15 7 Effective date. This chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. March 4, 2020 18 City Clerk Holcomb explained the collaborative process that was held between Tompkins County, Ithaca Police Department, Tompkins County, New York State Police, and the local tow operators to craft the final Tow Policy. She noted that within the year all parties should be following the same base policy with minor customizations applicable to their agencies. She highlighted the proposed increase in towing rates and explained that there would be a new process to review and adjust fees every three years as appropriate. Further discussion occurred regarding the elimination of the tow-away appeal process and the City’s continued commitment to assist people in navigating the tow process and ensuring that policy violations are addressed appropriately. A vote on the Ordinance resulted as follows: Carried Unanimously 9.4 City Attorney - Permit Pursuant to Chapter 346 of the City of Ithaca Municipal Code Entitled “Vehicles and Traffic” Section 346-31 Authorizing FlixBus, Inc. to Use East Green Street as an Intercity Bus Pickup and Drop-off Area - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen WHEREAS, Section 346-31 of the City of Ithaca Municipal Code provides that “Unless otherwise provided to the contrary, no bus or common carrier, whether for hire or not, shall be operated upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca;” and WHEREAS, Judd Krasher, on behalf of FlixBus, Inc. (“FlixBus”), submitted an application seeking a permit to operate a daily charter bus providing transportation between Ithaca and various cities, including New York City; and WHEREAS, City staff have reviewed the application and support granting the permit on the condition that FlixBus adheres to a fixed schedule not requiring adjustments to other intercity bus schedules using the Green Street location; and WHEREAS, on September 4, 2019, Common Council set a fee of $15 per arrival or departure from East Green Street for occupancy of the right-of-way for the purposes of operating an intercity bus; now, therefore be it RESOLVED, That the Common Council hereby authorizes issuance of a permit to FlixBus, Inc. with the following conditions: 1. FlixBus, Inc. must execute a bus permit agreement on the same permit terms and conditions as other permittees currently operating from East Green Street, and containing the City’s usual revocation and indemnification terms and conditions, 2. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee, 3. Said bus service shall be operated on a pre-arranged basis only, with tickets having been purchased in advance by passengers, 4. The operator(s) of the bus shall at all times ensure that the bus is not parked in a manner that interferes with the ability of emergency vehicles to move or pass or that interferes with sight distance for pedestrians or motorists, 5. Permittee shall at all times maintain valid liability insurance coverage, as well as present the City Attorney’s Office with proof of compliance with the New York Workers’ Compensation Law ; and, be it further March 4, 2020 19 RESOLVED, That the Superintendent of Public Works shall have the right to modify the conditions above upon reasonable notice to the Permittee, suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). Alderperson Nguyen asked how much of the arrival/departure fees have been collected to date, and which capital projects are being considered for these areas. City Attorney Lavine roughly estimated that $150,000 has been collected. Alderperson Lewis expressed reservations about expanding services when improvements and modifications have not yet been made to this area. She expressed trust that a solution would be found eventually; however, noted that she doesn’t want to add to the current problems including those shared by Cinemapolis and the Tompkins County Mental Health Department. She inquired about the trial period of the OurBus location on E. Seneca Street and asked how Council would be evaluating the use of that space. Alderperson Gearhart noted that he shares the concerns expressed regarding the evaluation of the OurBus trial period that ends March 31st. He stated that the use of the space is ongoing unless revoked with a 30-day notice and asked Council members to share information with Parking and Transportation Director Hathaway if there are particular items that they would like to have evaluated. He further stated that there will be further discussion on this topic, including the Seneca and Green Street sites at the April 1st Council meeting. Further discussion occurred regarding the type of information Council is interested in, the data collection process, and whether there has been a collaboration with Tompkins County to explore potential bus depot options. Alderperson Fleming noted that the buses leave New York, so State and Federal involvement is also necessary. Alderperson McGonigal noted that the current Greenstar grocery store which includes a parking lot will be up for sale soon and suggested that property be evaluated during the consideration process. Mayor Myrick noted that OurBus has announced a new shuttle service that will transport people arriving on buses to their final destinations. City Attorney Lavine affirmed that the trial permits include auto-renew clauses until they are stopped with a 30-day termination clause. A vote on the Resolution resulted as follows: Ayes (8) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Smith, Kerslick, Mohlenhoff Nays (2) Fleming, Lewis Carried (8-2) 9.5 Revision to Acting Department Head and Department Head Salaries Upon Promotion - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, after review of the most recent promotions and new hires to the Management Compensation Plan, it has become evident that the current plan, in spite of adjustments, has continued to require modifications in order to maintain competitiveness both internally and externally; and WHEREAS, our external hires have consistently been offered salaries above the first step of the compensation plan, and internal candidates have been reluctant to accept promotions to managerial positions without exceptions being made to the existing plan; and March 4, 2020 20 WHEREAS, the policy on promotions for the Management Compensation Plan, adopted by resolution on May 3, 2017, calls for a minimum eight (8%) increase upon promotion; and WHEREAS, in an attempt to reduce the number of exceptions and modifications, it is recommended that the City adjust its minimum promotional increase from eight (8%) percent to ten (10%) to enhance the chance of attracting and retaining internal candidates; now, therefore be it RESOLVED, That for employees promoted to or within the Managerial Compensation Plan, the minimum salary increase shall be ten (10%) percent. Carried Unanimously Alderperson Mohlenhoff reminded Council that there will be a Special Meeting of Council next Wednesday at 5:30 pm to discuss the Conference Center project. The Planning & Economic Development Committee meeting will start at 6:30 pm. She further reported that there have been good conversations between Commission Chairs and Council Liaisons. Training for the Commissioners will be scheduled whenever there are 5 Mondays in a month, starting with March 30, 2020. 9.6 City Controller’s Report City Controller Thayer reported on the following items: The NYS 2021 Budget has been released. • Aid to Municipalities (AIM) payments will remain the same ($2,610,000). This funding has not changed since 2009, but if it was adjusted for inflation the figure would be approximately $5.3 million. • CHIPS payments will remain at $439,000. • Pave NY payment will remain the same at just over $100,000. • The City will lose the extreme winter recovery funds. In 2019, $66,000 was received. The first debt issue was completed in February. The City has maintained its Aa2 rating. Current collections for 2020 are coming in as budgeted. Expenses show normal activity except for legal expenses. The City Controller’s Office has been busy with labor negotiations and concluding the 2019 final activity. Alderperson Lewis asked what the extreme winter recovery funds were used for. City Controller Thayer responded that those funds have been used for road repairs. Alderperson McGonigal asked if the City was using less salt this year. City Controller stated that less salt has been used recently, but more salt was used in the past, so the costs are evening out. Alderperson Brock commented that while the salt costs may have decreased, there has been more damage and washouts to streets, creeks, and infrastructure due to rain events. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance for a Contingent Purchase Agreement – East Section of Green Street Urban Renewal Project Site By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, Ithaca Properties, LLC proposes to purchase an approximately 192’ x 119’ property at the eastern section of the Green Street parking garage site located at 120 East Green Street, Ithaca, NY (Premises) to undertake an urban renewal project, subject to Common Council approval; and WHEREAS, the Premises consists of air rights above a privately-owned ground floor commercial use and contains two elevated public parking decks constructed in 1974; and March 4, 2020 21 WHEREAS, Ithaca Properties, LLC is the owner of a commercial building located at 215 East State Street that extends immediately under and is thereby connected to the Premises; and WHEREAS, on June 27, 2019, the Ithaca Urban Renewal Agency (IURA) designated Ithaca Properties, LLC as a “qualified and eligible sponsor” to potentially acquire the Premises to undertake an urban renewal project; and WHEREAS, on December 23, 2019, the IURA endorsed a definition for a proposed urban renewal project at the Premises that includes reconstruction of two public parking decks to be leased back to the City for operation; and WHEREAS, the Premises is encumbered by a 2014 purchase option held by Hotel Ithaca, LLC, the owners of the downtown Marriott Hotel, to acquire the Premises for $1 in the event the City of Ithaca proposes to decommission or convey the Premises; and WHEREAS, Hotel Ithaca, LLC has 12 months from the date of notice to exercise their option to acquire the Premises; and WHEREAS, a 2016 structural study of the Green Street parking garage conducted by Stantec revealed that significant structural deficiencies exist in the east section that will require a sizable capital investment to address; and WHEREAS, the Stantec study estimated the cost to the City to demolish the east section at more than $2,030,000 in 2019 dollars; and WHEREAS, a 2019 appraisal by Midland Appraisal Associates, Inc. concluded the market value of the Premises is $2,380,000, assuming a structural platform is in place to support construction of a building utilizing the 140 ft. zoning envelope; and WHEREAS, the existing structural system supporting the two parking decks does not support high-rise development; and WHEREAS, the negotiated purchase price of $350,000 represents a reasonable fair market value of the Premises after the avoided demolition cost is considered; and WHEREAS, on February 18, 2020, the Board of Public Works considered whether retention of ownership of the Premises is necessary for municipal purposes; and WHEREAS, the purchase agreement is contingent on City of Ithaca Common Council approval of an IURA-proposed disposition and development agreement with Ithaca Properties, LLC to implement an urban renewal project; and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize sale of real property; and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore ORDINANCE 2020-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Authorization for Disposition. a. City ownership of the above-described Premises is surplus for municipal purposes. March 4, 2020 22 b. The Common Council for the City of Ithaca hereby authorizes the contingent sale of approximately 22,800 square feet of air rights property located at the eastern section of the Green Street parking garage site (part of tax parcel #70.-4-5.2) to Ithaca Properties, LLC at a purchase price of $350,000. The closing of the sale is contingent upon Common Council approval of an Ithaca Urban Renewal Agency proposed disposition and development agreement to implement an urban renewal project. c. The Mayor, subject to advice of the City Attorney, is hereby authorized to execute a contingent purchase agreement substantially similar to the “Purchase Agreement, Eastern Section of Green Street Garage Urban Renewal Project Site” document, dated 2/7/20, to implement this resolution. Section 2. Effective Date. This ordinance shall take effect upon publication as provided in the City Charter, provided that such publication shall not take place prior to declaration by the Board of Public Works to the effect that retention of ownership of the Premises is surplus for municipal public works purposes. Mayor Myrick explained that this is not the final vote on the project, this action simply allows Mr. Rimland the ability to obtain funding, hire architects, engineers, contractors, etc. The final approval of the project would still come from the City and the Ithaca Urban Renewal Agency (IURA). Discussion followed on the development of mitigation plans for the proposed dislocated businesses. Community Development Director Bohn stated that Mr. Rimland would not have mitigation plans available for the March 12th IURA Economic Development Committee meeting; however, Mr. Rimland will be in town next week to meet with at least one of the businesses to begin negotiations. Community Development Director Bohn explained that the IURA has designated the developer as a sponsor who is eligible to acquire property subject to an IURA Disposition and Development Agreement which is approved at the agency level with a public hearing and Common Council endorsement. He stated that the IURA has helped to define the project program which includes housing with a goal of providing 20% affordable housing units and a floor of providing 10% affordable housing units and re-building the parking garage decks. He stated that the project won’t move forward until a mitigation plan for the affected businesses has been submitted and accepted as satisfactory by the IURA. City Attorney Lavine clarified that tonight’s vote is contingent upon a future agreement approved by the IURA and Common Council. Alderperson Murtagh asked what the effect of tabling the legislation would be. City Attorney Lavine stated that it would slow down the progress of the development of plans and may delay the certainty of knowing what the impacts to the affected businesses would be. Alderperson Fleming suggested adding language to Section 1 (b) of the Ordinance stating that “The closing of the sale is contingent upon Common Council approval of an Ithaca Urban Renewal Agency proposed disposition and development agreement to implement an urban renewal project and contingent upon assurance by the IURA that a reasonable mitigation plan for displaced businesses has been developed.” Alderperson Mohlenhoff stressed that the businesses should feel that the plan is satisfactory, as well as the IURA and Common Council. Alderperson McGonigal suggested that the legislation be tabled to show the developer Council’s level of displeasure and support for the local businesses. City Attorney Lavine clarified that the agreement on table tonight is about the sale of land, not what types of buildings will be built on that land. Ms. Kurzweil, owner of Sunny Days, reported that Mr. Rimland has said that if this legislation is not approved, he doesn’t owe her business anything, and has also said that if she closes her business instead of moving it, he doesn’t owe her anything. She described how not knowing what is going to happen is impacting her business decisions. March 4, 2020 23 Ms. Vidler, owner of Home Green Home, stated that she would like to see the legislation tabled to send a message of Council’s support of local businesses to the developer as he has tried to bully business owners to negotiate with him directly, without being represented by counsel. Motion to Table By Alderperson Murtagh: Seconded by Alderperson Kerslick RESOLVED, That this item be tabled until the April 1, 2020 Common Council meeting. Alderperson Brock asked if language could be developed that says business damages should be mitigated as of today. Ms. Vidler cited delays and dishonesty from the developer and disclosed that she found out about the potential displacement of her business through a third party that had read the IURA minutes. Alderperson Smith voiced his support of Alderperson Fleming’s suggested language, stating that he would like to send a clear message to the developer while still enabling the process to move forward at this delicate stage. Alderperson Gearhart asked for clarification regarding where the leverage points in process would occur. Community Development Director Bohn stated that the IURA is waiting for a satisfactory mitigation plan and will not continue with the development of the Disposition and Development Agreement until that occurs. City Attorney Lavine explained that from the developer’s perspective, the next steps become increasingly costly. Community Development Director Bohn stated that the developer is currently in the site plan development process and may be reluctant to go too deep into the process without securing site control. Alderperson Kerslick voiced his disappointment that the project is at this stage without a displaced business mitigation plan in place. He further voiced concern that if a strong message isn’t sent now, there may not be incentive to sort this out with the business owners. Alderperson Nguyen asked about the existing ownership structure of the proposed project. Community Development Director Bohn stated that the City owns air rights to the eastern section of the parking garage for the first deck and above. Below the first deck to the ground is owned by Ithaca Properties, LLC, Jeffrey Rimland, Managing Member. The high cost of deconstruction and demolition is borne by the fact that any demolition is going to impact the ground floor commercial space. Contributing to the problem is the fact that the deck of the garage is the ceiling of the interior space. He noted that it is a complicated demolition, and it would be very hard to realize the development potential of the upper stories without working with the ground floor owner of the property or becoming the ground floor owner. Alderperson Murtagh stated that tabling the legislation would be the strongest message that Council could send. He commented that the communication surrounding this project has been terrible, noting that the business owners found out about potential displacement at the end of a Downtown Ithaca Alliance meeting when a member saw the IURA minutes. Ms. Vidler added that the IURA took this action in December where it was stated that a mitigation plan needed to be completed. No communication regarding this was received from Mr. Rimland. Discussion followed regarding the best path forward. Alderperson Gearhart noted that the legislation requires an affirmative vote of ¾ of Council members and it doesn’t appear as if there will be enough votes to adopt the Ordinance. March 4, 2020 24 Motion to Call the Question By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That the question be called on this motion. Ayes (8) McGonigal, Nguyen, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (2) Brock, Murtagh Carried (8-2) A vote to table the item resulted as follows: Ayes (7) McGonigal, Nguyen, Murtagh, Gearhart, Kerslick, Mohlenhoff, Lewis Nays (3) Brock, Fleming, Smith Carried (7-3) Alderperson McGonigal stated that he was proud of Council for standing up for the local businesses and expressed his hope that Council will similarly support the businesses on the West End when developers start refusing to renew leases. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Mayor Myrick - Department of Planning and Development - Amendment to Personnel Roster Resolution By Alderperson McGonigal: Seconded by Alderperson Lewis WHEREAS, the Planning and Development Department’s Building Division has one vacant Senior Code Inspector position due to an internal promotion, and one vacant new Code Inspector Position approved by Common Council for 2020, and WHEREAS, recently, interviews were held with qualified applicants for the vacant Code Inspector Position, and WHEREAS, rather than conducting another lengthy search for a Senior Code Inspector, we are proposing we hire two qualified applicants for Code Inspector and leave the Senior Code Inspector position vacant, and WHEREAS, due to the extraordinary amount of development in the City currently, and in anticipation of upcoming retirements, it is imperative we start training new code inspectors, and WHEREAS, Senior Code Inspector is at a higher pay grade than a Code Inspector and no additional funding is needed in the 2020 budget, and there will be a slight cost savings, now therefore be it RESOLVED, that Common Council hereby amends the 2020 authorized roster as follows: Add: One (1) Code Inspector (40 hours) Unfund: One (1) Senior Code Inspector (40 hours) ; and, be it further RESOLVED, that the above changes shall be funded from within the approved 2020 departmental budget. Carried Unanimously 13.2 Alderperson Brock - Resolution in support of "Restore Mother Nature" Bond Act (Climate Resiliency) By Alderperson Brock: Seconded by Alderperson Kerslick WHEREAS, New York State is experiencing climate change, such that every county in the state has had disaster declarations due to rain, riverine, and storm surge in the past ten years; and March 4, 2020 25 WHEREAS, with 90% of New York State’s population residing in waterfront communities, we have an obligation to protect our State from the inevitable flooding and the social and physical disruptions that flooding leaves behind; and WHEREAS, left unabated, the impacts of flood-related disasters will further reinforce underlying vulnerabilities and systemic inequalities experienced by our most at-risk communities; and WHEREAS, The ClimAID Report1 demonstrates that between 1958 and 2010, the amount of precipitation in the northeast increased by over 70% and the average precipitation is expected to increase another 12% in New York state by 2050; and WHEREAS, New York State Department of Environmental Conservation recognizes that the sea level along New York state has already risen more than a foot since 1900, with New York’s rate of rise (1.2 in/decade) at twice the observed global rate (0.7 in/decade); and WHEREAS, almost all of the documented damage that has occurred in Tompkins County as a result of flooding is related to flash flooding events; and WHEREAS, in the last 19 years, 24 flash flood events have been documented in Tompkins County, including 8 Presidential Declarations for flooding events causing damage to our residents, businesses and municipal infrastructure; and WHEREAS, of nearly 4,000 properties in Tompkins County located in floodplains (3,912), nearly half (1,874) are in the City of Ithaca alone, demonstrating the significant vulnerability of the City to extreme weather events; and WHEREAS, to confront this reality, the Governor has proposed a $3 billion Bond Act to "Restore Mother Nature", which will address habitat restoration and flood reduction, providing an opportunity to reduce our counties’ risks of major flooding, restore ecosystems, and stimulate equitable development, among many other benefits, while also employing thousands of New York residents; now, therefore be it RESOLVED, That the City of Ithaca Common Council urges the New York State Legislature and Governor Andrew Cuomo to pass this important legislation to put this issue before the voters so that as we face ever-worsening climate related weather events as a state, communities can prepare for these natural disasters and make our communities more sustainable; and, be it further RESOLVED, That this Resolution be sent to the Honorable Governor Andrew Cuomo, Senator Andrea Stewart-Cousins, and Assemblyperson Carl Heastie. Alderperson McGonigal thanked Alderperson Brock for bringing this issue forward. Alderperson Brock noted that this Bond Act could assist in the implementation of some of the mitigations identified in the City’s Local Flood Hazard Analysis. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Reappointments to Community Police Board – Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick RESOLVED, That Johnny L. Wright be reappointed to the Community Police Board with a term to expire December 31, 2022, and be it further RESOLVED, That Bruce Beem-Miller be reappointed to the Community Police Board with a term to expire December 31, 2022, and be it further 1. https://www.dec.ny.gov/energy/94702.html March 4, 2020 26 RESOLVED, That Richard Rogers be reappointed to the Community Police Board with a term to expire December 31, 2022. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Public Safety & Information Commission Alderperson Smith reported that Robert Cantelmo chaired his second meeting and is off to a great start. The next issue the Public Safety & Information Commission will be discussing is dogs on the Commons. Mobility, Accessibility, and Transportation Commission Alderperson Lewis reported that she has traded commission assignments with Alderperson McGonigal. She is now serving on the Mobility, Accessibility, and Transportation Commission (MATCOM), and Alderperson McGonigal is serving on the Community Life Commission. Industrial Development Agency Alderperson Lewis reported that Tompkins County Legislator Anne Korman will replace Leslyn McBean-Clairborne on the Industrial Development Agency Board of Directors. TCAT Board Alderperson Lewis reported that TCAT General Manager Scot Vanderpool met with representatives of the three partners (City, County, Cornell) to present the rationale for the new proposed site. The TCAT Board approved the Tompkins County Airport as the new site. Ithaca Urban Renewal Agency Alderperson Lewis reported that the City received an Anti-displacement Learning Network Grant. She noted that Community Development Planner Mendizabal will be the lead from the IURA. The cities of Buffalo, Binghamton, Albany, and Elmira are all participating in this program and great discussions have already been held. Community Housing Development Fund Alderperson McGonigal reported that the Town of Dryden has just joined the Program Oversight Committee and contributed $50,000 with a one-year commitment. This year’s projects include the rehabilitation of one old house and the construction of two new houses on Rt. 79. REPORT OF CITY ATTORNEY: Motion to Enter Into Executive Session By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Common Council enter into Executive Session to discuss a personnel matter. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. APPROVAL OF MINUTES: Approval of the minutes from the January 8, 2020, and the February 5, 2020, Common Council meetings was deferred to the April meeting. ADJOURNMENT: On a motion the meeting adjourned at 9:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor