HomeMy WebLinkAboutMN-GPA-2013-02-20GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 20, 2013
PRESENT:
Alderperson Mohlenhoff - Chair
Alderpersons (4) Murtagh, Proulx, McCollister, Smith
OTHERS PRESENT:
City Clerk — Conley Holcomb
Approval of the Minutes of the December 19, 2012 and January 16, 2013 GPA
Committee Meetings - Resolution
By Alderperson Murtagh: Seconded by Alderperson Proulx
RESOLVED, That the minutes of the December 19, 2012 and January 16, 2013 GPA
Committee meeting be approved as published.
Carried
Alderperson Smith absent from vote
Additions to the Agenda:
Alderperson Murtagh requested that Item 2.3 An Ordinance to Amend Chapter 232,
Article VI of the City of Ithaca Municipal Code entitled "Taxicabs" be added to the
agenda.
No committee member objected.
Charter and Code Revisions
2.1 Local Law to Amend Section 1 -1 of the City of Ithaca Municipal Code
By Alderperson McCollister: Seconded by Alderperson Proulx
Local Law — #2013-
BE IT ENACTED BY the Common Council of the City of Ithaca as follows:
Section 1.Section 1 -1 of the City of Ithaca Municipal Code Entitled "Penalties for
Offenses" is hereby amended to read as follows:
§ 1 -1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
more than 15 days, and not less than $100 or 25 hours of community service. For the
purpose of determining the appropriate fine, each day on which the violation continues
to exist shall be considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
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February 20, 2013
many days of violation are charged, unless, by separate Code section, the violation has
been classified as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense
at the same property; and not more than $100 nor less than $50 for a third offense at
the same property, if a conviction for such offense occurs within the same twelve -month
period. Each day on which the condition exists may be charged and shall be considered
as a separate offense. [Amended 7 -2 -2002 by L.L. No. 3 -2002]
Code Section
196 -5
(Uncollected garbage)
210 -35
(Open areas)
210 -36C
(Accessory structures)
210 -38
(Garbage and refuse)
272 -41D
(Mobile signs)
272 4E
(Banners and pennants)
285 -5
(Sidewalks)
325- 20C(1)(j)(Front
yard parking)
325 -20D
(Front yard parking)
325- 23B(1)
(Yard maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and /or Commissioner's designee(s) charging violations of
any of the above sections whenever there is probable cause to believe that said
violations have occurred. Any rights to administrative appeals to any board or
commission of the City of Ithaca mentioned in any subsequent section of this Code shall
not apply as a condition precedent to issuing an appearance ticket charging a violation
of any of the above - listed Code sections. Any right to an administrative appeal from a
decision or determination of the Building Commissioner or other city official with regard
to the above Code sections shall apply only in cases in which the city intends to correct
the violation and seek to charge the property owner or other responsible party for the
costs of correction.
D. Violations of any provisions of this code for which the penalty is designated as a
Civil Offense under § 1 -1 shall be punishable by a fine not to exceed $250 or 50 hours
of community service.
Section 2. Severability. If any section, sentence, clause or phrase of this law is held
invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect
the validity of any remaining portions of this law.
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Section 3. Effective Date.
This Local Law shall take effect after it is filed in the office of the Secretary of State.
City Clerk Holcomb explained that while researching a question relating to litigation, it
was discovered that this law had been originally adopted by a local law but then
amended by an ordinance. According to New York State law local laws can only be
amended by another local law. The term used is "legislative equivalence ". In order for
this legislation to be properly adopted, it must be a local law. No language in the
legislation has been changed. This is simply a matter of legislative form.
A vote on the local law resulted as follows:
Carried Unanimously
2.2 Taxi Ordinance Revision — Report:
Alderperson Murtagh provided a brief history of the Taxi legislation. He explained that
through the years requests have been made by the taxi companies to amend the
legislation and taxi driver licensing procedures because they have a negative impact on
their operations. Similarly, there have been complaints from citizens regarding how taxi
rates are applied by drivers, violations to the "shared rides" provision of the legislation,
advance payment requirements, and hours of operation of the wheelchair accessible
taxi.
The Communications Sub - committee has been tasked with reviewing the legislation and
making recommendations for revisions. The sub - committee believes that this is a
regional issue that does not solely impact the City. Alderperson Murtagh reported that
he has initiated discussions with Tompkins County to gauge their interest in seeking
New York State enabling legislation that would allow them to license and regulate
taxicabs, liveries, and limousines. He will report back to the GPA Committee as
progress is made.
2.3 An Ordinance to Amend Chapter 232, Article VI of the City of Ithaca Municipal
Code entitled "Taxicabs"
By Alderperson Murtagh: Seconded by Alderperson McCollister
ORDINANCE NO. 2013-
6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 232 of the City of Ithaca Municipal Code entitled "Licensing of
Businesses and Occupations ", Article VI Entitled "Taxicabs ", Section 232 -58, entitled
"Application for driver's license; investigation and refusal" is hereby amended to read as
follows:
0
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
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February 20, 2013
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.
[Amended 8 -5 -1992 by L.L. No. 3 -1992]
(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.
Submit a certification of physical examination to be signed by a licensed
Physician, Physician's Assistant, or Nurse Practitioner.
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.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints to accompany the application which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation.
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
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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.
Section 2. Section 232 -69 (A) entitled "Operating Regulations" is hereby amended to
read as follows:
A. Drivers' rules. Every person operating a taxicab for business purposes licensed
pursuant to this article shall:
(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request
in the City unless previously engaged or unable or forbidden by the provisions hereof so
to do.
(2) Multiple passengers: not carry any other person than the first person employing the
taxicab unless the person first employing the taxicab shall not object to the acceptance
of each additional passenger.
(3) Trip records: keep a written record in ink of all trips on a form approved by the Chief
of Police. Entries on such forms shall be made as each trip is completed.
(4) Lost articles: examine the interior of the vehicle after the termination of each trip for
any articles left or lost in the vehicle and immediately take such property to the desk
officer at the Police Department, in compliance with Article 7 -13 of the Personal Property
Law.
(5) Accident reports: report all accidents as required by the Vehicle and Traffic Law to
the Police Department. The Chief of Police may require that a taxicab be reinspected
prior to its return to service.
(6) Change of residence: report each change of residence within 10 days after such
change to the Chief of Police.
(7) Smoking or drinking on duty: not smoke while the vehicle is carrying passengers,
unless smoking is permitted by the passenger, and not drink alcoholic beverages during
any tour or shift of duty.
(8) Rate cards for passengers: at all times while on duty have available in the taxicab a
supply of rate cards issued pursuant to this article, which rate cards shall be furnished
to any passenger requesting the same and be displayed in a place designated by the
Chief of Police.
(9) Work schedule: not operate any vehicle:
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(a) For longer than 12 hours of any twenty- four -hour period.
(b) For longer than 12 hours in any one tour or shift of duty.
(c) With less than eight hours' relief from duty after working 12 hours of the twenty -four-
hour period preceding the commencement of such relief from duty.
deFnE)RStF_ate GapaGity tG eperate a taxiGab, whiGh test shall be supervised by the Chief
Of
(11) Cooperation with police: not conceal any evidence of crime nor voluntarily aid
violators to escape arrest. A driver shall report as soon as possible to the police any
unlawful act connected with such driver's vehicle or any attempt to use that vehicle to
commit a crime or escape from the scene of a crime.
(12) Receipts to passengers: upon request of a passenger, issue a receipt for fares paid
by the passenger.
(13) Nonpaying passengers: not permit any passengers in a taxicab except a paying -
fare passenger during such time as the taxi is being used for business purposes or is
being made available for the carrying of paying passengers.
(14) Locked doors: not operate a taxicab in which the doors in each compartment
cannot be unlocked from the inside.
Section 3: 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 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.
Alderperson Murtagh explained that the intention of this legislation is to allow Nurse
Practitioners and Physician Assistants to perform medical certifications for taxi drivers in
addition to Physicians. Ithaca Dispatch requested this Code amendment as it takes
longer to schedule exams with Physicians and the appointments are more expensive for
the drivers. Medical certifications are a mandatory requirement of licensing taxi drivers.
Acting Police Chief Barber and Deputy Police Chief Tyler have been consulted on this
amendment and are in full support of this action.
A vote on the Ordinance resulted as follows:
Carried Unanimously
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2.3 Analysis of Boards /Committees /Liaisons:
Chair Mohlenhoff reviewed the results of the survey of Common Council members
regarding their committee liaison responsibilities. Discussion followed regarding the
need for an additional column that would document whether the Board /Committee votes
on issues or not. The column labeled "Value" was defined as whether the Council
member felt that serving on the board /committee was a good use of their time; it was
not meant to depict whether the board /committee was of value to the City.
There was consensus that intermunicipal boards were helpful for "issue based" items,
but not necessarily for regular /monthly meetings. Discussion followed on how to
strengthen connections between boards /committees and Common Council, the Mayor,
and city staff.
Chair Mohlenhoff reported that staff has indicated that they would like to be included in
the discussion of the restructuring of boards /committees. Discussion followed on how
to tie this work into the strategic planning sessions. Chair Mohlenhoff shared a matrix
she developed that identifies the strategic theme alignment for each project or issue a
board /committee is working on. The matrix includes categories to identify the month a
project /issue would be completed, and the financial, political, and implementation
feasibility of each project /issue.
Public Information and Communication
3.1 Social Media Policy Revisions - Discussion
Alderperson Murtagh reviewed the City's current Social Media Policy and highlighted
areas where he had questions and /or recommendations. He noted that Manager of
Electronic Communications Scott Kronenbitter had also reviewed the policy and
identified needed revisions. A number of other organizational social media policies
were identified and discussed.
City boards /committees want to create are looking to create (or have already created) a
social media presence. The Committee discussed the policy's applicability to these
situations along with the related opportunities and challenges. Alderperson Proulx
recommended that instead of updating the Social Media Policy, a more comprehensive
approach be taken such as developing a Public Communication Protocol. He explained
that social media is constantly changing and is only one tool used to communicate with
the public. The City would be better served with an organizational protocol that ensures
that each department is aware of, and is utilizing the variety of outreach tools and
distribution lists available to them.
The Communications Sub - committee agreed to continue work on this issue and report
back to the full GPA Committee.
Common Council Training and Development
Council, Committee, Staff Training Program Development:
Chair Mohlenhoff reviewed a proposed orientation /training plan for Common Council
members, volunteer boards and city staff. The trainings would take place on the 1S`
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Thursdays of the month from 4:00 pm — 6:00 pm. The following schedule was
proposed:
May — Organizational Structure and Labor Relations
June — Financial Issues
July — Land Use /Zoning 101
August — Legal Issues
September — Site Plan / Environmental Review Processes
October — Public Information / FOIL / Open Meetings Law
November — Charter & Code
December — TBD or month off
The Committee discussed sub - categories to be included in the topics, appropriate
content presenters, and desired audiences.
Meeting Wrap -Up:
Chair Mohlenhoff requested feedback from the recent Council /Staff strategic planning
sessions. Committee members expressed their thanks to Chair Mohlenhoff and
Alderperson Proulx for their efforts with this initiative. Everyone shared very positive
feedback and discussed ways to formalize the strategic themes that emerged from the
sessions. Chair Mohlenhoff explained that she would send a "next steps" memo out to
Common Council and Senior Staff and include the final draft of the themes. One of the
next action items is to connect Standing Committee and departmental goals to the
strategic themes, and then review the board /committee structure and do the same.
Review Agenda Items for Next Meeting:
Chair Mohlenhoff reported that she will be not be able to attend the March GPA
Committee meeting due to a previously scheduled commitment. It was decided to use
the March meeting time as a work session to begin development of the public
communication protocol and taxi legislation revisions.
Adjournment:
On a motion the meeting adjourned at 8:10 p.m.
Julie Conley Holcomb, CIVIC Deborah Mohlenhoff
City Clerk Chair
%'3