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MN-B&A-1998-08-26
BUDGET AND ADMINISTRATION COMMITTEE AUGUST 26, 1998 7:30 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight's Agenda A. common Council Towing Ordinance Revisions TCAT - City Share Community Survey Funding Report 1999 Budget Meetings Schedule January, 1999 Clothing/Footwear Exemption Youth Bureau Request to Amend 1998 Authorized Personnel Roster Request to Amend 1998 Budget for Mechanical All-Stars Program Request Permission to "Roll Over" Certain New. Revenues for 1999 Requests to Amend 1998 Authorized Personnel Roster and Budget Request to Amend 1998 Budget City Prosecutor Request to Amend Personnel Roster DPW Any Items from 8/25/98 BPW Meeting Request to Amend Capital Project #296 Parking Facility Lighting and Security tt (OVER) BUDGET AND ADMINISTRATION COMMITTEE AGENDA AUGUST 26, 1998 PAGE 2 Fire Department Capital Project 357 Water/Ice Rescue Program - Discussion Supplied Air Respirators - Discussion City Chamberlain Request to Extend Tax Redemption Period - Possible Resolution G. Finance/Controller City-wide Voicemail Employee Recognition Picnic - Discussion 35D o - q? '.J Sales Tax Update G. /Reports PIP royal of June 24, 1998 Minutes cancy Review - Report � iyor' s Report Council Members' Announcements Next Month' s B & A Meeting: September 23rd Jo r POWY vAO - c/ )"JOlwd 9-4 - _ '1 VC ""I IV - - - - - - cro - --- s n 5k p E_ _. _ _ __. _ _ _ _. _.. __. .. f fl � :�„M,tiog, lip2 - P,06+03 AMA - - 9D G - �, `S 6-0 YOM-kL Z • r _ __ ' lIq -- - - p 7 c Cl d4l P ,a old - - r rl?.1zlst 00/0 Q - o►d W /1V4901 U - 3 . 1 ff 99 0-4---j-op OCA p- t 47 t - r Vy� r 110 �.eAoed or.-"-� ( t-� (,4,4,�xc S- owe d 5-s-b o 10 - f2eS - NIP 7F� f VtA.: � sf ___ _ _. L _ __ _ _ _ - ___- __ _- __ ..�`^vti Cr ... -.: e - ��- f G:.0 G is t G{ 'rt.� Si.r � sr S t..% �y; "Li"'G"''e« 4+':f �- ?.c. 1 ..•:c4;C' S•en h J -,,..., . .. .y�iv'g::,.. .,... ..r ..:.. ... "''... -:.• i'r�Y3 r:sl . •.a ` Cs' 12. BUILDINGS PROPERTIES TRANSIT PARKS WATER SEWER & SOLID WASTE ITEMS I� A. Conveyance of Campbell Park. alvp I,I WHEREAS, the City of Ithaca has been made aware of an existing parcel (between Ithaca Road, Elmwood Avenue and Mitchell Street) which according to the Crandall maps, was known as Campbell Park, and WHEREAS, the current owners of 108 Elmwood Avenue park in their driveway which is located on the right of way to this parcel, and WHEREAS, the City Attorney's Office has researched deeds of the adjacent owners of this city parcel and discovered that some owners have been paying taxes on portions of the land; now, therefore be it RESOLVED, That the Board of Public Works feels that a survey of the parcel should be completed in order to convey the city owned land to the adjacent land owners to alleviate any potential liabilities and to clear title to these lands and that the City Attorney take any additional steps necessary to complete this process. B. 1998 City Employee Picnic. �f�' ( per `'� 6' ``'� CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 i0 OFFICE OF THE FIRE CHIEF APoiG?EO Telephone: 607/272-1234 Fax: 607/272-2793 MEMORANDUM To: Budget and Admi Piration Committee From: Brian H. Wilbur Re: 26 AUG 98 Meeting Fire Department Agenda Items Date: 26 AUG 98 Here is additional information relating to the agenda items for this month's meeting. Also, as a point of information, we were successful in getting a commitment from Tompkins County for funding for the training center in the amount of $36,000. The attached resolution describes the basis for this funding. Agenda Items 1 ) Capital Project 357: Water/Ice Rescue Program. As noted in Deputy Chief Dorman's information, the original request coming out of the Capital Improvement Review Committee was for $29,581; apparently the amount actually budgeted was for $19,581. The project was designed and implemented on the basis of the $29,581 amount, thus the shortfall has seriously impaired the viability of the total project at this point. An additional $10,000 is requested to restore the project to design levels. 2 ) Supplied Air Respirators (SAR's) As a result of the death of a Bolton Point employee in a confined space, the rescue operations conducted by the fire department were scrutinized by the Department of Labor. The result of that is a probable citation by the Department for our lack of supplied air respirators for confined space operations. We had submitted for confined space equipment for 1994, but it was not funded. We were directed to find other ways to acquire this equipment or not deliver the service. In cooperation with some other agencies, we did acquire some items, and we made dual use out of other items that we would use for such purposes as rope rescue as an example. We have not been able to acquire SAR's. The attached quotation shows the cost of four SAR's to be $11,979. In the meantime, we are continuing cooperative efforts with other agencies to attempt to prevent this from happening again. 1998- Our 175[6 Year of Saving Lives and Protecting Property "An Equal Opportunity Employer with a commitment to workforce diversification." ♦ Budget and Administration Committee 26 AUG 98 Re: 26 AUG 98 Agenda Items page 2 3 ) Temporary Fire Lieutenant position A situation has arisen where a permanently appointed employee has suffered a disabling injury, which will prevent him from working for an extended period of time. A request is made to create a temnoraryfire lieutenant's position so that a fire fighter may be temporarily appointed to cover the vacancy. The result of this will be a reduction in some overtime costs, improved continuity of shift operations, and providing the opportunity for other officers on the shift to have access to time off. If details regarding the employee involved are required, I would request an executive session to discuss same. S p a.t4'4w Aft 0� 08/24/1998 12:22 6072572314 TC FIRE EMS PAGE 01 RESOLUTION NO. 199 -APPROPRIATION FROM CONTINGENT FUND-TRAINING - CENTER DRILL T OWER MOVED by Mr.Meskill, seconded by Mr. Totman. WHEREAS, the Board of Representatives of Tompkins County did at their regular meeting of December 16, 1997, endorse a concept proposal for operation of the Ithaca Fire Department Training Center on a regional basis, and WHEREAS, the Board of Representatives approved the appointment and composition of a Joint Operations Committee to perform certain tasks related to the implementation of this concept, including development of usage policies, establishment of maintenance and use fee schedules, and planning for future needs,and WHEREAS, the Joint. Operations Committee has organized as directed by the Board of Representatives, and has met several times to begin this work and to plan for the long-term viability of the regional training facility,and WHEREAS, the Joint Operations Committee and the Tompkins County Fire, Disaster, and EMS Advisory Board have recommended various funding requests for inclusion in the County and City budgets, and have further identified physical improvement needs to improve training opportunities to all Tompkins County Emergency Personnel, and WHEREAS, the cost to complete current improvements at the Center, in particular those for a Drill "Cower,now total $36,000, in addition to approximately $245,000 thus far expended by the City of Ithaca since 1994 to bring the Center to operating capability, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Personnel Committees, That the Director of Finance is authorized and directed to appropriate $36,000 from the Contingent Fund,A1990, to the City of Ithaca for the completion of the Training Center Drill Tower. SEAR ACTION: TYPE II-20 cc: Administration- via Network Financc Dtpartment Public Works City of Ithaca Fire,Disaster and EMS STATE OF NEW YORK ) ) ss: COUNTY OF TOMPKINS ) I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the Tompkins County Board of Representatives on the 18'h day of August, 1998. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seal of the said Board at Ithaca, New York, this 19a' day of August, 1998. Post-It'Fax Note 7671 Dace gas► �c � �� vas , Clerk To -13 /V F }1i'c C Tompkins County Board of Representatives COJDept. Co. Pnong it Phone M -Fa-x# Fax# + j. 1998 Capital improvement Project Request Recommendations and comments Fir meTot Est,Cost Re uested 198 CIRC members' CIRC CIRC CIRC lComments ratings tot, avg. rank' from individual CIRC members PUBLIC SAFETY- IPD dispatch area upgrade 1.-,-550,000-50,000 1/1/1/42/1/1/3 10 1.25 26 further research needed;study under'97 code project:because of rnagnitude of cost, should be carefully scrutinized IPD fire alarm upgrade 16,306 16,306 3/-/3/3/2/-/3/3 17 2.125 20 do in'97 code compliance project Smart'trlr,computer, u gr 20,000 20,000 3/3/-/3/2/2/3/2 18 2,25 18 already funded by grant? IPD Diaital comm record sy 1 28,885 28,885 3/3/3/3/3/3/3/3 24 3 1, Fire trn Improvements 300,000 45,000 3/3/2/2/3/2/3/3 21 2.625 9 future projects should be regional -gLc- Central Sta kitchen renov. 40,000 40,000 2/3/3/3/1/1/2/1 161 2 22 can see need,but think priority no higher than lowest Youth Bureau project Engine/pumper replacerris. 600.000 600,000 3/3/3/3/3/3/3/3 24 3 1 HosWapp Lianct re]R!�ml 7,700 7,700 3/-/3/3/3/3/3/3 21 2.63 9 should be Operating Budget hem:seems justified as capital expense Waterlice rescue-p program 29,581 29,581 3/2/2/2/2/3/3/3 20 2.51 11 coordinate w/county safely;have several unanswered questions,but seems needed Fuel tank compliance 70,000 70,000 3/3/3/3/3/3/3/3 24 3 1 evaluate potential for greater intermuni/interagency sharing of fuel station C�-R-C-61 L AT 10 N'. BJMtrat.calming measures 23,000 23,000 3/-/3/3/2/2/-/- 131 1.625 25 may be funded by CC Sep.3 Northside park cur 15,000 15,000 2/3/3/2/213/3/1 19 2.375 14 should be in DPW annual street program;_several questions about urgency of now Commercial Av signal upgr. 1 65,000 65,000 3/l/2/3/3/2/2/3 19 2.375 14 attemptinq to obtain StaWcounty shares;seems like a documented safety hazard Xing countdown timers 17.500 17,500 withdrawn by-s�Sor IAN pole/base rept--CBD 440,000 preconst/ph nsor withdrawn by sp ECON.GROWTH&DEV.- Downtown Signage qn_ kmj_ 20,000 8,000 3/213/3/2/1/2/3 19 2.375 14 not capital;pole replacement$not incl.?,.payoff should be worth modest investment RECR&URBAN AMENITY Cass rink mech/energy sav 123,130 123-,130 3/3/2/3/3/3/3/3 23 2.875 5 - -- 0 YB van replacement 22,500 22,504 3/311/3/1/3/3/3 20 2,5 1 1 could wait fit'98;operating ense purchase clearly better than lease? Cass_ pool deck repairs 150,000i 150,000-3/3/3/3/2/2/3/3 22 2.7 5-__7 rnenis -18,000i 38,O-O-Ori,/2/2/1/3/1/3/3 17 2,125 20 could wait til'98,some components probably more desirable than others Haley pool 1mPrOvP I .- -' Cass playgrd& pool equip 60,0001: 60.000'l/3/I/3/2/2/2/2 11.61 breakdown 22 no provided:not clear what$60k would buy enov , 0� 18,0003/2/l/l/3/2/2/1- 15 1.875 Softball geld#10 t i 800 I I. . - -I I -.- --.- __ 2-4.1 } - ^' Wood St pk basklb lighig 20,0001 20,000{i 13/2/2/3/2/313 19 21�375 -MSCELLANEOUS- --- -----ii 7 Base map update 35�000� 35.000 3/20/3/3/2/3;,3 1 i3�000 3/3/3/3/l/2/1,- 18 2.251 1 here I work, 100empl,gel compulertrng.without atraining ce.n.1-er".: Computer training center 3.000, not clear how critical a facility is to the function 44 50013/3/3/3/3/2/3/3 23 2.87�5J_ 98 computer netwkg progir 44 500! Clerk ofc counter redesign withdraw.1[old into city code compliance project Minute Manager'software 2 510: 2,51011/3/l/3/3/3/3/3 201 -2�51 1 1 Inot capital item;upgrade of service and labor saving_probably justify expense 12/2/2/-/3/-/3/1 1.31 1 631 25i Cit Hall mtg rm redes/eqp --- -Y go Pub Transit improvmls 101,817 101,817 3/3/313/3/3/3/3 24i 3; 1 ''because of ties,rank gives only a relative indication of priority Page 1 110 SYKES STREET GROTQnb W 13073 • TEV 1607189&S228 FAX.16071898-5276 IF � I All PRICE QUOTHT1 ON ORTE: 819/96 T0: Ithaca Fire Department c/o Rich Tracy TERMS: NET 30 310 West Green Street SALESMRN: Tim Burgess Ithaca, NY 14850 FOB: SHIP POINT SHIPPED t11R: BEST WAY HERE IS OUR QUOTOTION ON THE GOODS NRMEOr SUBJECT TO THE CONDITIONS NOTED: CONDMON8:The prtcaa ww terms on this quetadon aro rat subject to verbai tneng"or afwr agmemente W#m appfa*d it W"by the tiorme Office of the Solar. Ap quotagone end ag porm me are catfirt Wan strikes.ooddanC.Mee.avaNaorypY at motedws and op cow couses beyond our control. Prices ere bow on casts and cone WM existing on date of quotation end are*ubjeat to dtamge by VW"W bOOM"acoaprenoo. 7ypagrapMcal and stenoomphfc erore subject to corWftq. purcpaaar egress to aocapr elth*r.vanige of ahOAMM bot to orcaes of von percets to be ohargeti for pro-wa_ Purawer assumes Mobility for patent end 0Pytr9rti MoVortiera wtrem goods aro meq*to purrworo epedrieootis, when"scion apecffws metorlal to Do tumf:had by the p w&."er,amois atiov once must be Meda for raesonabfe spolage and malatiei Mw$t be of suilaabic M4*y to tao0tete efrrant pfoducvon. conditions not apsciflcew stated herein shah be oovernod toy esteneehod/reds customs. TOM»inconai+feni wttn triose stated heroin wtlieh rmey appeat on puronas*re formai order%X not be bit/*'eg an Me seas/. QTY PORT# DESCRIPTION PRICE RMOUNT 4 715-6510-804331-01 Scott Pak 10 min. Entry/Egress $1,373-00 $5,492.00 AV-2000 Easy Flo Regulator. Kevlar Harness Hansen Coupling 8 714-6510-34010-100 100 foot length Air Supply Hose $247.00 $1,976.00 8 714-6510-30010-050 50 foot length Air Supply Hose $172.00 $1,376.00 r ' 1 714-0001-558555 Air Source Cart $2,950.00 $2,950.00 1 714-6510-804191-02 AV-2000 Facepiece (spare) $185.00 $185.00 17°1. Discount Applies to All items Above For additional information or demonstration, contact Tim Burgess at 898-5228,extension 244 Total $11,979,00 QUOTE URLID FOR 30 DRYS BY: sfdent SATES ANIS itEW oa Att THE BEST 6EAR AND APPAREL !i (J JUL1997 1998 CAPITAL IMPROVEMENTS PROGRAM PROJECT REQUEST DEPARTMENT OF SubmittingAgerxy PLANNING&DEVELOPMENT 1. Project title: Water/Ice Rescue Program 2. Project description and location: The purchase of water and ice rescue equipment and training on the same. 3. Project justification (need) : Within the coverage area of the Department there are several bodies of water. The Ithaca Fire Department has very limited capabilities to effect water and/or ice rescues and no other agency provides this type of emergencX service. 4. Relationship to other projects underway, proposed, or potential: Add more ca anan bility and safely y expanding the current water/ice rescue program through the purchase of equipment and training 5. Project status (circle appropriate category) Previousl roposed: New(status of plans/specs) - not nde rejected by CIRC/Council - unnecessary(describe why) -deferred by CIRC/Council - not begun - partially funded, requesting additional funds - preliminary plans underway - funded-not yet begun: - plans complete - design stage - prelim/final - specs complete -out-to-bid -out to bid - under construction - complete 6. Estimate project cost and funding: Q� CAPITAL BUDGET& FSE OTHER RESOURCES Funded Requested Banded Requested Plans-Specs Land Construction Equipment $29,581.00 Other $29,581.00 Sources of other resources as indicated above: 7. Basis of project cost(circle) : rough e - final plans current construction/e ui ment costs_i - bids pr i - other: 8. Estimated future cost/revenue to city resulting from project Additional annual maintenance/repair $ Additional employee salaries $ Additional equipment not included in project cost above $ Other: Total cost $ Estimated annual income,from project $ Net cost $ 9. Funding request schedule (indicate amount requested by year and for what stage of project it is requested) : Year Amount Project Phase (e.g., planning, design, construction, etc.) 1998 $29.581.00 F uipment purchase 19 $ 19 $ 19 $ 19 $ 19 $ 10. Proposed method lementation (circle) —direct purchase of material/equipment from existing fun—ds---i - con ac purc as don an�cipa e r - contract construction force account construction -other 11. Estimated time to complete project: 8- 12 months 12. Agency priority to project (circle) Medium Low 13. Additional remarks (please attach additional sheets if necessary). See attached equipment list. 1998 water rescue capital project budget DESCIPTION QUANTITY EA H TOTAL 15'5" ZODIAC BOAT 1 5,653.00 5,653.00 12'5" AVON BOAT 2 4,695.00 9,395.00 20 HP. JOHNSON MOTOR 1 2380.00 2380.00 PFD LIGHTS 36 8.75 315.00 WHISTLE 36 4.25 159.00 THROWLINE BAGS 10 32.95 329.50 WATER RESCUE HELMETS 6 36.95 221.70 LITTER FLOATATION COLLAR 2 234.00 468.00 CINCH RESCUE COLLAR 2 295.00 590.00 ICE RESCUE CARABINER 4 30.00 120.00 ICE AWLS 10 24.95 249.50 RESCUE FINS 6 72.50 435.00 ICE CRAMPONS 5 20.00 100.00 8 OZ. AQUASEAL 1 16.95 16.95 OVERTONS GLADIATOR DRY SUIT 6 299.00 1794.00 PFD III 5 50.00 250.00 LINE THROWING KIT 1 450.00 450.00 LOCKING STEEL CARABINER 24 25.00 600.00 1"TUBULAR WEB (ft) 500 0.31 155.00 SWIFTWATER LIFE VESTS 6 139.00 834.00 WEBBING LEG STRAPS 36 3.95 142.22 RESCUE KNIFE 6 15.95 95.70 PETZL HEADLAMPS 6 68.00 408.00 CARLSON RESCUE BOARD 2 259.00 518.00 RESCUE/CARGO NETS 2 63.20 126.40 MARSARS RESCUE REEL 2 336-00 672.00 SWIFTWATER RESCUE TEC. TRAINING COURSE 15 200.00 3000.00 SWIFTWATER RESCUE MANUAL OR BOOK 1 24.95 24.95 SWEPT AWAY VIDEO 1 79.00 79.00 TOTAL --------- 29'581.92 <End of Field> .�J I OFFICE OF THE CITY PROSECUTOR 118 East Clinton Street • Ithaca • New York 14850 % Phone: (607) 272.7584 Facsimile: (607) 273.3797 O♦� �` Margaret McCarthy, City Prosecutor Ezra G. Sherman, Deputy City Prosecutor Lisa M. Margosian, Paralegal TO: Hon. Alan Cohen, Mayor t i FROM: Margaret McCarthy, City Prosecutor DATE: August 12 , 1998 I RE: Request to Amend Personnel Roster and Weekly Hours I am writing regarding a request to temporarily amend the personnel roster and the weekly hours in the City Prosecutor's office during my upcoming maternity leave. My anticipated due date is September 20, 1998, and I intend to begin maternity leave upon delivery. This request will be on the agenda for the Budget and Appropriations Committee of Common Council for August I 26, 1998. Acting City Prosecutor Ezra Sherman, the Deputy City Prosecutor, has agreed to fill in as Acting City Prosecutor, provided that he is paid on a full-time basis commencing September 1, 1998, until the conclusion of my maternity leave. The reason for the overlap in full-time hours is that the jury trial term in City Court begins on September 16, 1998. Because of the risk that I might go into labor prior to my due date, Ezra Sherman will be preparing all of the jury trials scheduled for that term, and will be trying all of the cases. Full-time hours beginning September 1, 1998, will enable Mr. Sherman to adequately prepare for the trials prior to their commencement. The "An equal opportunity employer with a committment to workplace diversification." - i f proposed weekly salary rate for this position is $854.52, based upon a 40 hour work week at $21.363 per hour. Mr. Sherman is currently employed 17.5 hours per week,but my position is a 40 hour per week position. The total salary cost for 11 weeks of full time work would be $9399.72 Acting,Deputy City Prosecutor Robert Sarachan, who served as Acting Deputy City Prosecutor recently, has agreed to fill in as Acting Deputy City Prosecutor commencing with the start of my maternity leave, for a period of eight weeks. This is a half-time position, and due to the temporary nature of the appointment, there are no fringe benefits provided. The proposed weekly salary rate for this position is $542.85, based upon a 17.5 hour work week at $31.02 per hour. The total cost for 8 weeks of half time work would be$4342.80,with no fringe benefits provided. cc: Steve Thayer, Deputy City Controller Jane Marcham, Chair, Budget and Acquisitions Committee, Common Council r Net Cost Analysis The total cost of salary for myself and Mr. Sherman for a typical eight week period is summarized below: Ezra Sherman, Deputy City Prosecutor, 17.5 hours at $20.37 per hour x 8 weeks = $2851.80 Margaret McCarthy, City Prosecutor, 40 hours at $24.04 per hour x 8 weeks = $7692.31 Total cost, Typical 8 week period $10,544.11 The total cost of proposed salary during the maternity leave coverage is summarized below. Ezra Sherman, Acting City Prosecutor, 40 hours at $21.363 per hour X 11 weeks = $9399.72 (fringe benefits to continue) Robert Sarachan, Acting Deputy City Prosecutor, 17.5 hours at $31.02 per hour X 8 weeks = $4342.80 (no fringe benefits) (Ezra Sherman, Deputy City Prosecutor, (17.5 hours at $20.37 per hour X 3 weeks) = ($1069.42) Margaret McCarthy, accrued annual leave and sick time, 18 hours X $24.04 = $432.72 (fringe benefits to continue) Total Cost, period of Temporary Coverage $13,105.82 The Net cost of proposed salary during the maternity leave coverage is summarized below Total Cost, period of Temporary Coverage $13,105.82 less Total.- Cost, Typical 8 week period -10,544.11 Net Cost, period of temporary coverage $2,561.71 LIGHTING AND SECURITY CLIENT COMMITTEE FINDINGS August 6, 1998 rev. August 20, 1998 INTRODUCTION cl� Any lighting and security improvements have to address two issues--real safety problems, and fears (which may or may not be justified but affect behavior either way). To get a handle on both these issues,the committee reviewed current literature, crime data and the results of a customer parking survey (posted in its entirety on the City of Ithaca web site). Most crimes are property damage,possession of controlled substances or public urination/defecation. Maintenance, security and lighting were the most important problems to survey respondents-all closely intertwined. Poor lighting leads to fear which leads to less activity, less security,more hanging out,more mess and graffiti, even less activity and more fear etc. The "maintenance problem" can be addressed either by allocating more staff to clean more often or by creating an atmosphere that discourages people from making things dirty or hanging out. The "security problem" can be addressed with passive measures that improve visibility and activity levels (including better lighting) and active measures such as security patrols or CCTV monitoring systems. The "lighting problem" is an accurate perception since none of the parking facilities meet the minimum lighting standards used in the parking industry. Obviously,the lighting problem can be addressed by increasing lighting levels. WHAT'S BEEN ACCOMPLISHED ALREADY A carefully planned program to minimize trespassing(and loitering, skateboarding etc.) in the garage is getting good reviews from businesspeople,police and the court system. Signs have been installed that read, "Parking Garage for Parking Patrons Only TrespassersNiolators May Be Prosecuted." The police wamn.�trespassers and record the warnings in accordance with New York State law. A second incident of trespassing then becomes grounds for arrest. Patrons now are beginning to feel that it is worthwhile to approach or call police about suspicious or hazardous activity in the garages and in turn,the police can now be more effective when they patrol or respond to a call because now they can do something. The police are also starting work on a program to fight graffiti by exchanging information with the public, maintenance staff and property owners using a volunteer workforce. It's assumed that most property owners will clean up and prevent graffiti if they can easily learn how to do so. After careful consideration of various improvement options and costs, liability exposure, lighting standards, existing lighting measurements,the customer survey, crime records,police and insurance company observations, and current thinking in the security and parking professions, the project Client Committee made a decision to request additional funding for the project.' (The current allocation is $35,000.) BUDGET REQUEST SCOPE OF WORK (1)-Upgrade Lighting Improve lighting in Lot D (Woolworth Lot), Green St. Garage, and Seneca St. Garage to an appropriate (good balance of long-term cost vs. benefit) lighting level that exceeds the minimum standards set by the Illuminating Engineering Society of North America. These standards are k frequently considered in court cases for injuries from crimes and accidents. (Although measurements of existing lighting levels are not fully completed, approximately 70-80%of the parking areas do not meet minimum standards and none of the stairways or lobbies do.) An extremely rough estimate of costs for this work is $120,000. I will continue to improve this estimate, especially once the existing electrical system is tested and evaluated and I can determine how much of the existing lighting can be saved. (2)-Install Three Emergency Elevator Telephones Install emergency vandal-proof telephones in the elevators that will connect to the police station p and install signs in the garage informing customers where help is available. Phones will cost approximately $6000 for three, and signs will cost approximately $2000 (depending how many); costs to provide telephone lines are unknown. (3)-Promote the Existing Intercom System Install blue light fixtures(not phones)or"help" signs at the nine existing intercom locations so people will know they're available. (The elevator phones will provide coverage for areas that do not have intercoms now.) Lights will cost approximately$4000,and signs would be$1000 or less. (4)-Address the Blind Corners in Stairways Install approximately 35 wide-view mirrors in the stairwells to eliminate the many blind corners. Cost is estimated at roughly $5,000. (5)-Create a More Inviting Atmosphere Paint or stain interior stairways with a light color to improve light distribution(more bang for the buck)and general appearance. A very rough estimate of costs is $20,000. I need to consider the appropriate timing with a major maintenance project planned for the Seneca St. Garage. There is a chance that this portion should be put off until later. POSSIBLE ADDITIONS TO THE SCOPE OF WORK I will investigate the following options more carefully before deciding whether to include them in the request: --a single portable closed circuit TV camera system-- $4,200 ,for camera, lens, 2 VCR's, housings and monitor LIGHTING AND SECURITY CLIENT COMMITTEE FINDINGS August 6, 1998 rev. August 20, 1998 INTRODUCTION C Any lighting and security improvements have to address two issues-•real safety problems,and fears(which may or may not be justified but affect behavior either way). To get a handle on both these issues,the committee reviewed current literature,crime data and the results of a customer parking survey (posted in its entirety on the City of Ithaca web site). Most crimes are property damage,possession of controlled substances or public urination/defecation. Maintenance, security and lighting were the most important problems to survey respondents-all closely intertwined. Poor lighting leads to fear which leads to less activity, less security,more hanging out,more mess and graffiti, even less activity and more fear etc. The "maintenance problem" can be addressed either by allocating more staff to clean more often or by creating an atmosphere that discourages people from making things dirty or hanging out. The "security problem" can be addressed with passive measures that improve visibility and activity levels(including better lighting)and active measures such as security patrols or CCTV monitoring systems. The "lighting problem" is an accurate perception since none of the parking facilities meet the minimum lighting standards used in the parking industry. Obviously,the lighting problem can be addressed by increasing lighting levels. WHAT'S BEEN ACCOMPLISHED ALREADY A carefully planned program to minimize trespassing(and loitering, skateboarding etc.) in the garage is getting good reviews from businesspeople,police and the court system. Signs have been installed that read, "Parking Garage for Parking Patrons Only TrespassersNiolators May Be Prosecuted." The police warn trespassem and record the warnings in accordance with New York State law. A second incident of trespassing then becomes grounds for arrest. Patrons now are beginning to feel that it is worthwhile to approach or call police about suspicious or hazardous activity in the garages and in turn,the police can now be more effective when they patrol or respond to a call because now they can do something. The police are also starting work on a program to fight graffiti by exchanging information with the public,maintenance staff and property owners using a volunteer workforce. It's assumed that most property owners will clean up and prevent graffiti if they can easily learn how to do so. After careful consideration of various improvement options and costs, liability exposure, lighting standards, existing lighting measurements,the customer survey,crime records,police and insurance company observations,and current thinking in the security and parking professions, the project Client Committee made�a decision to request additional funding for the project.. (The current allocation is$35,000.) a BUDGET REQUEST SCOPE OF WORK (1)-Upgrade Lighting Improve lighting in Lot D (Woolworth Lot), Green St. Garage, and Seneca St. Garage to an appropriate (good balance of long-term cost vs. benefit) lighting level that exceeds the minimum standards set by the Illuminating Engineering Society of North America. These standards are x frequently considered in court cases for injuries from crimes and accidents. (Although measurements of existing lighting levels are not fully,completed, approximately 70-80%of the parking areas do not meet minimum standards and none of the stairways or lobbies do.) An extremely rough estimate of costs for this work is $120,000. I will continue to improve this estimate, especially once the existing electrical system is tested and evaluated and I can determine how much of the existing lighting can be saved. (2)-Install Three Emergency Elevator Telephones Install emergency vandal-proof telephones in the elevators that will connect to the police station and install signs in the garage informing customers where help is available. Phones will cost approximately$6000 for three, and signs will cost approximately$2000 (depending how many); costs to provide telephone lines are unknown. (3)-Promote the Existing Intercom System Install blue light fixtures(not phones)or"help" signs at the nine existing intercom locations so people will know they're available. (The elevator phones will provide coverage for areas that do not have intercoms now.) Lights will cost approximately $4000,and signs would be$1000 or less. (4)-Address the Blind Corners in Stairways Install approximately 35 wide-view mirrors in the stairwells to eliminate the many blind corners. Cost is estimated at roughly$5,000. (5)-Create a More Inviting Atmosphere Paint or stain interior stairways with a light color to improve light distribution(more bang for the buck) and general appearance. A very rough estimate of costs is $20,000. I need to consider the appropriate timing with a major maintenance project planned for the Seneca St. Garage. There is a chance that this portion should be put off until later. POSSIBLE ADDITIONS TO THE SCOPE OF WORK I will investigate the following options more carefully before deciding whether to include them in the request: --a single portable closed circuit TV camera system-- $4,200 ,for camera, lens, 2 VCR's, housings and monitor i --Green St. Garage, east stairway between levels 2 and 3: demolition and replacement of the closed brick railing with an open railing -- if feasible, a rough estimate of costs is $5,000-$10,000. It's possible that this stairway is on the Rothschild's building property. --a demonstration project to paint or stain ceilings white in a selected parking area--roughly $5000 --some way of making at least some stairway entrances easier to find from the parking areas with lighting, exit signs, lighted signs etc.--anywhere from$2,000-15,000 SOME OTHER ITEMS THAT WERE CONSIDERED Items that were considered and eliminated from the request at this time include: a CCTV system at vehicular entrances and exits and stairways and elevators(approx$115,000 to install plus $110,000 per year), a private guard service for patrols($16.50/hour),painting all garage interiors, installing more intercoms or blue light phones or audible discriminators, gates to close off the top half of the Seneca St. Garage in the late evening hours, closing facilities at 11 pm or so, closing some pedestrian and vehicular entrances and exits late and night(to increase activity at the open ones). WHAT HAPPENS NOW Work will continue on some of the lower cost items that can be done within the existing budget and on improving estimates, design and bid documents for the overall project. The remaining schedule of meetings for the funding request is: Tues, Aug 25, 5:30pm 3rd floor Common Council Chambers -- Board of Public Works Meeting(resolution required) Wed, Aug 26, 7:30pm 3rd floor Common Council Chambers -- Common Council Budget and Administration Committee (resolution required) Wed, Sept 2, 7:OOpm 3rd floor Common Council Chambers -- Common Council (resolution required) Lynne Yost, Asst. Civil Engineer City of Ithaca,NY 108 E. Green Street Ithaca,NY 14850 phone: 607-274-6532 fax: 607-272-7348 lynney@ci.ithaca.ny.us The parking survey results can be found at: http://www.ci.ithaca.ny.us/dpw/ce/parking/survey.html (or contact me for a copy of selected results on paper) Lighting and Security L. Yost 8/11/98 Base Project Upgrade Lighting $120,000 3 Elevator Phones/Aud Discrim $10,000 Intercom Lights/Extend 110V Service $4,000 Wide-View Mirrors $5,000 Paint Stairways $20,000 Total Budget $159,000 Existing Budget $35,000 Additional Funding $124,000 Optional Additional Work(not included in proposal) Portable CCN System $4,200 camera w/lens&housing, 2 VCR's, 1 VCR housing, 1 monitor New 110V Circuits for CCN $10,000 New Stairway Railing $10,000 Paint Demonstration Ceiling Area $5,000 Exit Signs $5,000 Optional Additional Funding $34,200 PROPOSED BUDGET LIGHTING AND SECURITY CP#296 L. Yost rev 8/19/98 Pre-Bid Committed Committments Committments PROFESSIONAL SERVICES Budget Expended Remaining See In-House CONSTRUCTION CONTRACT Electrical Contract $140,000 Paint Contract $24,000 DPW $10,000 Contingency $17,400 IN-HOUSE Investigation/Design (15%) $28,710 Inspection (2 months) $5,000 /gyp Owner's Rep(2 months) $7,500 Finance(2.5%) $5,000. 6470 Attorney $2,500 2® Miscellaneous reimbursibles $5,000 TOTAL $245,110 o0v ti Total Committments expended and remaining + Proposed.......................................... $245,110 Remaining Allocation $32,000 Additional Allocation Requested $213,110 CONTRACT 1 CONTRACT 2 CONTRACT 3 CONTRACT 4 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 l Security and Safety -if MC�- c)N F_ Summary of Chapter 4 from Parking Structures Planning, Design, Construction, Maintenance, and Repair by Anthony P. Chrest, Mary S. Smith, Sam Bhuyan INTRODUCTION The primary goal is to minimize the risk of incidents which threaten the safety of patrons and attendants. The secondary goal is protection of cars, personal property, cash receipts and the facility itself. Good design uses perception to influence parkers to use the facility and discourage potential criminals from committing crimes. Liability for injuries occurs when owners do not take adequate steps to reduce foreseeable risks. Negligence rather than omission(of a particular aspect of a security system)is a key to liability. SECURITY DESIGN ISSUES 1. The Security Audit Use incident reports for the parking facility and the surrounding neighborhood over the last 5 years to classify the facility as one of the following: i Low Risk—minor vandalism and juvenile theft problems, no personal injury incidents and no professional theft activity are expected. Moderate Risk-occasional suspicious person or vehicle theft in off-hours, but there is no reason to anticipate personal injury attacks. ` ° lE Risk-incidents of personal injury or a pattern of thefts that might escalate to personal injury have occurred previously at the site or in the neighborhood. The next step is to walk through the facility to evaluate the features that impact security. Passive security measures are a physical parts of the facility that allow for visibility(the ability to see and be seen), such as lighting and glass-walled elevators. Active security measures invoke an active response by the management and/or employees of the facility and include security patrols and monitored CCTV systems. Active systems are often needed to solve problems created by constraints on the passive security features. Active systems are generally not necessary in low risk facilities, but may be provided for patron perception and comfort rather than prevention of incidents. Plan for later installation of additional security systems in case circumstances change. In a moderate risk facility, active systems may be provided only in higher risk locations, such as enclosed stairways. In a high risk facility, a comprehensive security program is necessary to achieve a reasonable level of security. Owners should be concerned with cost-effectiveness, both from capital and life-cycle perspectives (including the effect on insurance premiums). 2. Structural Design When vision obstructions are unavoidable, strategically placed mirrors will allow patrons to see around corners where potential attackers may be hiding. Nfirrors can be broken or stolen and not be in place when needed. 3. Lighting and White Surfaces Good lighting is universally considered to be the most important security feature in a parking facility because it can help deter crime and present a more secure atmosphere to Parkers. Lighting standards from the National Parking Association and Illuminating Engineering Society Subcommittee on Off-Roadway Facilities should be carefully evaluated in any lighting design. Closed areas should generally have higher light levels, and special attention should be paid to lighting corners and perimeter walls to improve the patron's feeling of security. Lighting improvements can help prevent auto accidents and near misses, trip and fall accidents, vandalism and theft. If light poles are eliminated along with the lighting improvements, additional parking spaces can be gained. It can increase usage and revenues, lower vacancies and increase property values for buildings served by the parking facility. Savings can result from faster cheaper snow removal, reduced security patrols, reduced liability and insurance rates. Lighting improvements can also create a more attractive, noticeable facility that acts as an advertisement for itself. Uniformity of light is extremely important for preventing shadows and hiding places. Bright sunlight can cause other areas to appear dark by comparison, so photoelectric cells can be used to cut off lights in areas with natural light in the daytime. Glare can reduce contrast of objects against a background and result in a lack of depth perception. It can be minimized by positioning lights over parked vehicles or near beams(for one way lanes). Fixtures must be reliable, be able to withstand the elements,be protected from vandalism and be easy to maintain. White stain on ceilings and beam soffits reflects light and increases its uniformity. A good-quality concrete stain should last at least 10 years. White stain on walls may encourage graffiti. Instead, a clear anti-graffiti coating can be used on walls. 4. Stair Towers and Elevators The ideal situation is a stair and elevator waiting area totally open to the exterior and/or the parking areas. If a stair must be enclosed for code or weather protection purposes, glass walls will deter the incidence of both personal injury attacks and vandalism. Automatic fire doors are a way to comply with building codes while keeping the area open during normal use. Eliminate nooks and crannies and seal potential hiding places below stairs. 5. Restrooms Owners, operators, and consultants agree that public restrooms in a parking facility are nothing but nuisances. Restrooms should be provided at the destination where there is more use and activity. 6. Perimeter Security Locate any attended booth or office so that pedestrian and vehicular entry points can be monitored. Locate any security stations to be visible to the public. Provide security screening or fencing at points of low activity to discourage anyone from entering on foot. 7. Landscaping/Maintenance Do not provide hiding places. Hold plantings away from the facility, and prune shrubbery regularly. General maintenance and upkeep are of utmost importance in the overall security program—do not leave the impression that the facility is not policed or managed well. 8. Signs and Graphics Careful design and placement of signs and graphics can eliminate confusion and delays for the patron, minimizing the time for an incident. Color coding or other memory aids can help patrons locate the parked vehicle quickly upon return. Signs can assure patrons that personal safety is being monitored and possibly deter perpetrators. It is critical for an owner to back up claims of security promised on signs (at least during higher risk hours). 9. Cash Security A drop safe is important because it makes cash unavailable to the potential robber. Post a sign at each cashier booth stating that cash is deposited in a safe and the cashier has minimal change on hand. In high-risk situations, install foot-operated duress alarms that sound at the police station or security office. Dollar bill alarm activators that are triggered by removal of all bills in a compartment of the cash drawer can also be useful. Cash should be removed on a + regular basis to prevent the accumulation of large amounts. For liability reasons, cash security should not be emphasized more than patron security. 10. Security Personnel The visible presence of uniformed security officers is one of the best preventions of crime and should be considered in high risk facilities. Keep patrols unscheduled and vary routes. CPR and Advanced First Aid Training is highly recommended. All personnel with any security responsibility must be fully trained to monitor, operate and respond to all security equipment, no matter the risk level. 11. Emergency Communication Panic buttons, emergency telephones, two-way intercoms, and two-way radios are forms of alarm systems. Panic buttons are often located in elevators, lobbies and stairways, however their use depends on the victim reaching the button. Pranksters can create a"cry-wolf' syndrome among those monitoring the system. Emergency telephones make it more difficult to sound an alarm, and are more expensive to install and maintain. Emergency communications are not a complete solution in high risk facilities. However, intercoms used together with panic buttons, motion or sound surveillance or CCTV can be very practical. Two-way intercoms make it possible to zero in on an incident and communicate that help is on the way, and can even avert crime in progress. Voice-activated intercoms should be installed in all elevator cabs and partially or fully enclosed stairwells, and in all cashier booths and remote entrancelexit lanes. Connect all intercom stations to the nearest point of observation with a provision to switch to manned security office or police station during unstaffed hours. Panic buttons often are installed with a blue light that switches to strobe when the panic button is pressed. Standard voice activated sound-surveillance systems are generally not used in parking areas due to background noise. Scream alarms can filter out general background noise, yet identify screams and breaking glass. A major drawback of these systems is that security personnel tend to tire of their irritating routine sounds and turn off the sound activation. 12. Closed Circuit Television Systems CCTV systems can provide any level of surveillance an owner wishes to provide. It can not be used to replace security personnel, but can allow a reduction in personnel and provide support for the security force. CCTV monitoring can be effective to deter and detect incidents in progress in enclosed areas. There is great difficulty in positioning cameras to effectively monitor parking areas. Even with a state of the art system, only a small proportion of the incidents in a high risk facility may be first detected on the CCTV system. Relying on CCTV to eliminate all patrols when there remain inadequately covered areas will invite greater liability problems than not providing CCTV at all. CCTV is best used to support security personnel. CCTV can be used to view an incident in progress and scare the offender by intercom or to monitor the suspect's moves and assist the police in apprehension. CCTV can also be used to for apprehension and conviction following an incident by providing an accurate description of a vehicle or suspect. Importance should be placed on choosing strategic locations and cameras with good capabilities. Motion detectors and alarm-activated devices may likewise be cost effective, since areas without activity are neither displayed nor recorded on tape. The video recorder allows the- ; attendant to pinpoint when an incident occurred and later, tapes can help get a conviction. The central CCTV monitoring station, including the operator watching the monitors, should be visible to the parking patrons. It may not be necessary to station an operator at the monitors during hours of lower risk, however, dummy or unmonitored systems should never be used. CCTV systems require constant maintenance and upkeep (and an ongoing budgetary commitment). Comprehensive CCTV and emergency communication adds as much as $400 per parking space(in 1995 dollars)to the construction cost of a new facility and as much as$800 per parking space(in 1995 dollars)for retrofit. The system must be monitored by trained security officers and maintained by skilled technicians. The combined cost of security expenses and liability insurance can be 25% or more of a parking facility's annual operating cost. 13. Securityanagement If active systems are provided, they must be monitored by trained personnel. Policies to handle all situations must be established in writing and must be followed. Proper training of parking attendants can significantly enhance the security program. Parking attendants are another set of eyes and ears and can report suspicious activity immediately. They can also learn to develop a good description of suspicious people. A checklist for all security equipment and practices should be developed and regularly be completed and filed. Good professional security management and documentation is one of the best defenses against liability claims. A security management consultant can develop policy and training manuals. SAFETY CONSIDERATIONS Some features that enhance security also enhance safety, such as lighting, visibility, and openness. Tripping and Slipping Ice is one of the most frequent causes of fails in a parking facility. The owner must be vigilant to monitor and sand all ice spots as they occur. A roughened surface should be carried into the stair/elevator tower because snow and rain are tracked in and may cause slippery spots, especially in unheated areas. Head Knockers and Other Projectiles A problem can occur when pedestrians walk down parking equipment lanes and are struck by descending gate arms. Sidewalks should always be provided with groups of entry/exit lanes and should be well-marked as available. Sand filled barrels intended for traffic control can become dangerous projectiles if knocked over. Stair tower doors which swing into driving aisles can be hazardous, also. Vehicular and Pedestrian Barriers Inadequate design for turning movements threatens parking control equipment and the cashier in the booth. The most frequent problem is not providing enough space for turning into the lane and getting aligned properly before reaching the ticket dispenser or card reader. In recent years, building codes have changed to require handrails at a spacing of no more than 5 to 6 inches. Typically, grade separation of 18" or more requires a handrail. Railing height requirements vary, however note that courts have held owners to literal compliance with the code. Vehicular/Pedestrian Conflicts Pedestrians have a tendency to take the shortest possible route(even through a driving lane)instead of a designated pedestrian pathway. If a sidewalk is provided and clearly visible, and not unnecessarily long, a court will typically find that the parking patron used the shorter route at his/her own risk. References: Sanders, Phil, 1998. "The Real Cost of Lighting," Parking Today(April): 14-17. Smith, Mary S., 1996. "Crime Prevention Trough Environmental Design in Parking Facilities," Series: NIJ Research in Brief(April): 24 pages t' °b Resolved that the Board of Public Works thanks the C<Lighting 4o- Committee for their important work and informative report-,-and be it i further Resolved that the Board of Public Works recommends that Common Council provide additional funding for the Garage Lighting Capital Project according to the following terms: 1 . funding for the engineering design for lighting all of the parking lots identified above be approved immediately so that the design phase can be completed in its entirety; 2. funding for installing improved lighting and security in the Green Street Parking Garage be approved immediately due to the demand for nighttime parking generated by Center Ithaca and Tompkins Cortland Community College; 3. funding for implementing improved lighting and security for the lower half ofheSeneca Street Parking Garage be approved only P--e9b.L&-✓�--after--the- Rr schedule" recommended by Leadership ut1LFp,rr� Tompkins fowntown retailers are adopted as a common 6-ando-fd � practice by at least 50 percent of Commons area retailers; Nou$7s 4. funding for implementing improved lighting and security for the upper half of the Seneca Street Parking Garage be approved only after the "Rush hour schedule" recommended by Leadership Tompkins for downtown retailers are adopted as a common practice by at least 75 percent of Commons area retailers; 5. funding for implementing improved lighting and security for the parking lot adjacent to the former Woolworth store be approved ac only after new occupant or-vccupant a-open the site and adoptD!O the suggested �Rush hour schedule recommended by � Leadership Tompkins. e Attachment: Rush hours recommended by Leadership Tompkins b6cv;55 'm -CO Il or-ed ah 444 �Clw !'29c�rde S�u,cxI `�1 isscces w i` rt �b461 tV,S5 44,Lt -4L)o t`sGWS-Should f)of 11'(1b6l O's q�tOys adgdY 'Cnrnmi55�otu41' Leonardo na4,,d 4,604 fu Surueq{d 44/Le-6e"ea Sl pu ovfs aIac�t a,-, Ct SC�edc o!3�+ and +1burd approx�maklr zo Cvs 10 `� , n5 5 �( �n Q. rn .GA�lorncc��unn rePordon nadcurC, oFCs v��o<< Suggested Hours for downtown Ithaca retail businesses from Leadership Tompkins: Monday to Wednesday: 10:00 AM to 6:00 PM Thursday and Friday: 10:00 AM to 8:00 PM Saturday: 10:00 AM to 6:00 PM Sunday: w Risk Management For Parking Lots http://www.parking-net.com/research/projects/0010/ Risk Management For Parking.Lots Dr. G. Fried (gfried(q-),uh.edu) Numerous authors have analyzed risk management concerns associated with sports and public assembly facilities (Appenzeller, 1985: Whitfield, 1996; van der Smissen, 1990). Risk management analysis is increasingly becoming critical in reducing liability exposure, including the reduction of criminal conduct (Avery, 1996, Minnax, 1994,Nygaard and Boone, 1989, Staff Reporter, 1994). While statistics show that violent crime has fallen across the United States over the past several years, the numbers still provide a basis for concern for any facility manager(U.S. Dept. of Justice, 1993). statist'cts p p de 3aa s; pan which f=WtyftahA 'ari.�beipuW on,tioti�e" at`diiftiitaLv=�ow foreseeable andtuh�lciaivi kailiiyuatipbeaat#aehed ►Therefore, risk management plans have examined various means to reduce the prospects for criminal activity in and around public assembly facilities. The primary focus to reduce criminal conduct at major public facilities has centered around such matters as: neutral site selection when known rivalries exists between teams; locating ticket windows away from the traffic flow; erecting fences to separate fans from players; implementing specific risk management policies based on crowd type, size and seating arrangement; increasing facility security, and developing and implementing alcohol control policies (Ammon, 1995; Baley and Matthews, 1984; Miller, 1993). Criminal activity can occur anywhere, in and around, major public facilities. Fights, assaults, robberies, underage drinking, illegally scalping tickets are just some of the criminal activities presenting liability challenges. Of' lou �facleS. �reir`dparhes bfte> au�g Vis- a � s; uis`s�ng roT� o61d 'Gordon& Brill, 1996). Most researchers have focused their efforts on analyzing and providing risk management solutions for activities that occur within stadiums, arenas, and associated facilities (Ammon, 1993; Mulrooney, 1995).. � asyt c � r ti��.,�, ���. ���� :� ��ift�i�e���'t�' � tzed.=bites fc�t-l► A 1980's Crime Control Institute study of crime in Minneapolis showed that the many of the chronic call locations were businesses with parking lots (Berlonghi, 1990). In 1993, over 6 million simple assaults were reported throughout the United States (U.S. Dept. of Justice, 1993). A significant percentage of these incidents occurred in parking facilities. ApproXssattlt �19:9 cs�tii�i� •k�g�.facili�es.�ar�b . � re��t;� i9,�;'�J.S. Dept. of Justice, forthcoming). �a� dfs;� e t_ � � `the se ride � .: ,e �t��rt�ooati+Rn for��n�pts:totake'properiy:�uitkou#��ih��and�#he�i�t�re��nt=loca#�on ft�r moo, _: �tth�fts�r.l`�94�(U.S. Dept. of Justice, forthcoming) Fie�di'e;.a�glit�p�"rc�h`f�'sfal vle .............exti3assauits; id sewn pei"ren#sof ttital'iasshtilts in S. Dept.Dept. of Justice, 1996). Parking lots and garages are critical for the success of major facilities. In terms of sports facilities, five percent of fans attending games utilize public transportation while another five percent take leased busses (Bairn, 1994). Estimates show that football fans use their cars more intensively, averaging 3.5 passengers per vehicle while baseball fans traditionally travel with 2.5 passengers per vehicle (Bairn, 1994). There are approximately 249,000 parking spaces at baseball stadiums and 376,400 parking spaces at football facilities (Bairn, 1994). By utilizing the above figures and extrapolating the numbers to include arenas, hotels, convention centers and related facilities, it can be estimated that there exists at least several million parking spaces utilized by major facilities. While parking lots and facilities prese�nWWN call si mficant threat for criminal activity, dt1&ty Profeiox�al; raankParkngtles d i`elaftopeateedsktiant ., GIIPnc.Wrn .'A991 survey of approximately 600 sports andspecial event professionals evaluated a variety of risk concerns and 7 of the 82 categories analyzed related to parking or traffic related security concerns �f 1/6/1998 12:07 PM M Risk Management For Parking Lots http://www.parking-net.com/research/projects/00 I 01w (Berlonghi, 1996). "No parking lot security" was only chosen 10.6% of the time by respondents (the 28th most frequently chosen response with 61 respondents choosing this answer). However,the ANIM g e3�C— —d t The 43rd most Alt y c osen response wa71Ts par ing,traffic and transportation,problems. Overnight parking, accidents/incident outside event perimeter, parking, traffic, and poor lighting all received less than 5 responses from the survey respondents. Parking concerns rated lower than such risk concerns as weather conditions, insufficient budgets, one-of-a-kind or first time events, poor signage or slippery surfaces. gb *� dwAVo f suonidts�t ki a tY: o cae who 0# t e i a t vmphasts l l f p l' s(Sharp, 1990) d ec ale c e «tla Y e e a aQre,4ri6ca1vomponentpf ,a,Lverali�isk� lidt rThis article will examine the spread of liability for the criminal acts of third parties, analyze some risk management strategies that can reduces the foreseeable of these criminal acts, and lastly, provide some techniques to utilize environmental design to reduce premises liability. Civil liability � .�1�'c���niis�oi�du�' m 'i�glsee�k��ig� atiot�rri I.�o�o�i►ii�t•'b ev � i�cl:t'd�e��l'au9s re o� "�`r�ci � ; \�' r sri `�ation�l�nd�"i�ir e�it`�al��'de�gl>H ' " �th-�t'�" i�h ,: - •f�(Gordon& Brill, 1996) �'liese er` d rtegliehc ecessl �1 #ai '�iil PIAWNWThese elements includesut b i�ii � �ud Restatement Second, 1965). The critical point for analysis is whether or not the parking facility manager owed a duty to protect individuals using the arkin P g facili t3' '- WMdsj ies$ t whQ is1oWed the`&ut3+" oo "iWA%Awyd�? maintaindx � y atrts {Ammon, 1993: Maloy, 1993) Vi1ger' .2urdltttyvictild'be p1t, reseeable ""�- if or,beh cit t �t (Gordon& Brill, 19 6; sharp, 1 9� : Most facility managers envision criminal activity to entail major acts involving violent activity. However, liability can attach to such innocuous activities as a drunk stumbling around and committing a battery, albeit unintentional. This issue arose in Bearman case (Bearman v. University of Notre Dame, 1983). A female spectator was walking across a parking lot after a football game when an intoxicated man fell on her, breaking her leg. The court concluded that a property owner/administrator owes a person invited onto the property for business reasons (an invitee)a duty of safe entrance to and exit from the facility. The Bearman court considered whether or not the university had notice of the potential harm and once the university had notice, did they have a duty to protect their patrons?The court concluded both questions with a positive response. Thusx x 1ry�crsi� :an 1y is tie e _ tence,Qf a informations lt�t�it�it��'�f��tlit�: #tat��g@�r�i��d�iltit � lf'���d��eea�a��'�Miller, 1993; van der Smissen, 1990). If�ft�res �tli'��e� 4tabhLd�o�ri�}�r:� oeiiouS��caidents�he specter ofr: +�a15�l�rXparids:e�cpone�tialhe�< i���'�' i�`tt�� Theta ignifi=%,,1egalpr ence.£or.,tlt6,,p s�t�` #1 t hen geti§-idiownbr.foreseeable,40 fiwilioperhtor;shoWd.proxid"afezpassagetbrapat;rr4p;W0 , gimehiclo One landmark case concerning liability for conduct that spills out of a facility and leads to violence in a parking lot is the Bishop case (Bishop v. Fair Lanes Georgia Bowling, 1986). In Bishop,two groups that were sharing adjoining bowling lanes engaged in harassing behavior for a significant amount of time. One group complained to the bowling alley's management, which took no action. In fact, the alley's management continued to serve the harassing group more alcohol even though they were already intoxicated. After closing at 2:30 a.m., the two groups were the last individuals to leave the facility. The intoxicated group which had been the aggressor all evening long attacked the other group in the alley's parking lot. The court concluded that a jury could reasonably find that the alley should have been aware of potential physical altercations 2 of 7 1/6/1998 12:07 PM Risk Management For Parking Lots http://www.parking-net.com/research/projects/0010/ between patrons before the altercation occurred and would therefore be negligent for taking no action and failing to make its premises safe for invitees. In a suit stemming from a brawl during a 1980 AC/DC rock concert, a Cance promoter claimed they did not have notice because "no unruly behavior had taken place in the arena, no fights had broken out and no drinking had been observed." (McCarthy, 1995) Even though the arena had no prior problems, the court still concluded that the promoter was on notice because a police officer had investigated prior tour stops and was informed of various problems. The officer also had knowledge that when the band appeared at the arena the prior year,the band had attracted a very rowdy,drunk and drug using crowdCornastro,v. V' a 8. er cases also have hiWdhft t�ialiattl: Thus,a facility was found negligent for failing to take any remedial steps even though similar criminal acts had previously occurred in the parking lot and the facility was in a high crime area(Fernandez v. Miami Jai-Alai, 1980). The lack of notice concerning specific prior criminal misconduct has been used as a strong defense to rebut a charge that a duty was awed to protect a patron against unforeseeable violence. (Gill v. Chicago Park District, 1980). These cases help highlight foreseeability,and associated liability, which can be generated by acts within or outside a facility's geographical boundaries. The extent to which foreseeability can be generated by events outside the facility's boundaries can extend to crime activities in surraundin neV hborhoods (Clery, 1995) Thus, iarii�1i�iiilarit hisfuiigftfitp lbbbertess a acrittpp%w,l ,e q►d ableAinder� AegliH ri e' ieotry°iftftbO onto protect a[ tecn � lvi �� of Y 40 M;6r#, fa ilt � o�d'�++ t`deri'1 . r 4' 4 °(Gordon&Brill, 1996). Frequency of prior acts represents the probability that a certain risk or injury might occur. (Nilson& Edington, 1982) Rather than examining frequency of prior acts in a vacuum, couMQWjW WAWMI1WUU dW6 f sobil Some factors that courts are starting to examine include: the nature of the facility; da security personnel comply with their assigned patrols; are the facility's record adequately kept; was the manager aware of the criminal activity levels at the facility; a facility's surrounding locale; the lack of customary security precautions; and the experience of the facility manager(Berlanghi, 1990, Gordon& Brill, 1996). Thus, a facility manager should not feel comfortable and secure from liability because no criminal activity has yet occurred at the facility. The manager should only rest on their laurels if no criminal activity had occurred due to the implementation of a comprehensive crime prevention program which has addressed all reasonably foreseeable criminal actions. Risk Management Strategies Based upon the previously mentioned cases, facility managers need to consider parking security as a critical concern that should be included in an event or facility risk management plan(Berlonghi, 1990; Ammon, 1993) R� ;eitt� rllef#ateidentifieation;docum8ritatioti=ald elimination opotentnskt "'tiu �h °andi ''lieii't 'Z1 (van der Smissen, 1992). While it is impossible to eliminate alI potential suits, risk management planning helps identify key liability concerns and focuses the facility's attention on avoiding or eliminating such risk. +its;iMposibietad �ciftdviolent ttiaidehstid beha�irorhiis �s lC(n�lu�tuY�tet'# �'��",'�i�rt�y.§"��u't�tans�iti[�la �wseerc�sitf��i'e�rtto piissibiypre�snt the{�riinal or`�t�ntfr'pos ��iA =t' k:Some questions that need to be analyzed when reviewing specific precautionary measures include: 1. AUVhethet�statLsdt were .mtmne*5n the�equency and type=of crintirial-activity-occurring 2.$4ad tground;horoughf"�ecur�[ edit'been cc mffleted,ki;i ludinWi g review of securitypolicies;and acted 3 of 7 1/6/1998 12:07 PM W Risk Management For Parking Lots http://www.parking-net.com/research/projects/0010/' d _ xY,. > . 3.%id: 0:tt=,mty1;wd ri=s8cufit}+'°Ot!ftb-fi f -understand wand'apply=proper security rrre res? 4. y zCen�dah64,n� -&'vent-�the chftnual+ havior� 5. , �T. nV . r 'P. sties? i � ner ilittes %' ;; 6• uod� a 7. �'lfi �o ae' inop� emyces aboltrtty 8. VMMb *d (Clery, 1995)? One key risk management technique used to protect patrons when entering and exiting a facility involves the use of trained crowd management personnel (Ammon, 1995). While these individuals traditionally are utilized to inspect for alcoholic beverages and containers coming into a facility, they can also be trained to assist visibly intoxicated individuals to a secure waiting room or assist those individuals requiring additional assistance including the elderly or disabled. The number of security staff individuals needed varies based on: the type of facility or event, the facility's previous history, the time and length of the event, whether admission was free or paid, the demographics of the expected crowd, the facility's capacity limits, the number of spectators, the expected consumption of alcohol, the number of parking levels in facility, the number of entrances and exits,the limited and restricted access areas, the types of security personnel utilized, the presence of law enforcement officers, whether security personnel are working rotating or fixed shifts,the quality of security's supervision,the presence and location of electronic protection devices and specific requirements imposed by insurance carriers (Berlonghi, 1996). In a recent survey of municipal football stadiums, 86% of the respondents "always" had security personnel located in the parking lot before and after the game (Ammon, 1993). Only 3% of the respondents did offer security protection in parking lots. In 63% of the stadiums,protection was provided by law enforcement authorities. The remaining security was provided by private security firms (45%), facility employees (39%) or a blend of employees, private security and/or law enforcement agencies (Ammon, 1993). While there might not be a consensus on the number of required security personnel or the best security measures, risk management,SOrofessionals agree that risle� gtls fin tir N-088 a"' , >rnt�i�lg�` lis .tl�hdspt�t�n whle "ay�' ed�mpltShe�--tl�orTgl�i�SRttd (Christiansen, 1986; Miller, 1989; Ross, 1985; van der Smissen, 1990; Ammon, 1993) Besides insuring properly trained security personnel and measures, specific�fi formatronAl=tfhniquag ��.emteds;,torpravitle_;patrons and;potentiai&•itnf9; fth warnings coneern�tt' ety-at gnage is needed on major thoroughfares to both direct and inform(Ammon, 1993). tgitaga�oatigoe� urttythroifgl�'proi►iding proper'dirhon+br irfforma#iarral�riater�al Likewise, a�rttYrihe=�xtterested.in. ngaging in disruptive behavior"niht be�es'S relnt to>engage�insueh �ctt.Vi t f Wv mg sign`s tee-posted,,and enforced,`eoncerningsu r7taiters i9 regal aectiHty;patro1s? old e.Qpemtiotf=4f,electronic onitoringsystems: Alcohol management represent another key component of a parking security risk management plan. Arrests at sports events often revolve around alcohol abuse or intoxicated behavior(Gilbert& Twyman, 1983). Alcohol management policies are normally enforced through gate checks to prevent entry of alcoholic beverages, eliminating the sale of alcoholic beverages after a certain period in the competition (7th inning for baseball and end of the third quarter for football), and designating certain areas as alcohol free family areas (Ammon, 1993). In a recent survey of municipal football stadiums, 97 percent of the facility administrators indicated that alcoholic beverages were "always" confiscated when brought into the stadium(Ammon, 1993). Additional risk management strategies designed to reduce alcohol related injuries include controlling tailgate parties and creating a designated driver program for intoxicated fans (Ammon, 1995). Risk management plans are not designed just to reduce negligence claims. Risk;.management>planning is ado-designed 6—reduce ptitential fiscal=losses arising froin,the`,:Inisconduct of others Such losses can be protected against by utilizing appropriate contractual provisions. Contract risk management becomes especially critical when dealing with parking security personnel and attendees retained from outside 4 of 7 1/6/1998 12:07 PM Risk Management For Parking Lots http://www.parking-net.com/researcii/projects/0010/ security or employment vendors Klontracts with nutside�§�A-1�tydorstt ,alases rouidipgAAi'd' o .. ON � lca�+€ar CScuringxhe�p " . The contract sho�lu spe "ie number of securrt ersonnel that will be BasP�d 1 io-Mfff ecurit"ersMmel e ndle-ffilb�i M RMNUAWIfiaMptifM hb°► d: e fte'r=morin[ c s ce fad apprt r� to el Environmental design Environmental design refers to the process of designing or renovating facilities so that their design serves both an aesthetic and practical function-including crime reduction. The use of architectural design to provide greater flexibility in protecting patrons is rapidly catching on throughout the world(Sheard, 1995). Litigants claiming negligent supervision are now starting to allege the principal of Crime Prevention Through Environmental Design(CPTED) as a step that could have been take to reduce criminal activities or which, if utilized, would have uncovered foreseeable hazards (Gordon& Brill, 1996). While criminal acts of third parties are often limited within the closed confines of a stadium or arena, parking lots and parking structures are often overlooked as a potential incubator for violent acts. Individuals that might engage in criminal conduct are required to purchase a ticket to gain entry into most stadiums and arena. toxnostparkJrlg ithoutthe " Van6gW41WWed A good example of environmental design and crime prevention could be analyzed by demonstrating changes to a facility that previously was CPTED. For example, a convention center could have started out as a simple rectangular structure. However, after several major building additions, various asymmetrical sections had been built out into the parking lots. Such additions could make it impossible for security to view large sections of the parking lot. The additions changed the security sight lines making it easier for criminal activity to occur outside of security personnel's view. Old Design with easy site lines New Design with poor site lines Addrtionall �,}� h�t�'�eiitt'oricenter�ad n �h � � 1rt,r� �, -,'nc �+�` .��gl�a,1.1y�uilt�w dr �'me�T`� .:,��t�iar'", �O'�voulc�n8t�recei'�e�ade��e'iighting ��ml�e�ltn` [de ��gh�ng S ��euvi �"liroduce`�stittally�t�egrd'c�e�'�i'gF�'��n�(Gordon& Brill, 1996). Axa i ed iiclitde h�thex a Bluer cavi See` mMbiCUMmem bicle. szeuiufnr a'' ih ' l' tss's�view°c�faiintaieas iftd. luiideih stern' (Gordon& Brill, 1996). Location of security personnel is also a critical CPTED component. Some facility managers do not want to emphasize potential security concerns and therefore might locate security personnel or attendant booths in the rear of a parking facility. This is the exact opposite location for security personnel according to CPTED. Pursuant to CPTED, seewa i3 o L.vr.AftendtmrboodigithoWdslocatod'upiP biihlhrn�yance or tie oil . ii aii' trtaine periods Bibliography • Ammon,Jr., R. (1993). Risk and Game Management Practices in Selected Municipal Football Facilities, Dissertation,University of Northern Colorado. • Ammon,Jr., R. (1995,April-June). Alcohol and Event Management. Crowd Management, 1(4), 16-19. • Avery, W. (1996, April-June). The Legal Aspects of Crowd Management. Crowd Management, 1/6/1998 12:07 PM 5 of 7 Risk Management For Parking Lots http://www.parking-net.com/research/projects/001 OP 2(4), 4-8. • Baley, J.A., & Matthews, D.L. (1984). Law and Liability in athletics,physical education, and recreation. Boston: Allyn& Bacon. • Berlonghi, A. (1990). Special Event Risk Management Manual. Event Risk Management, Dana Point, CA. • Berlonghi, A.(1996). Special Event Security Management, Loss Prevention, and Emergency Services. Event Risk Management, Dana Point, CA. • Christiansen, M.L. (1986). How to avoid negligence suits: reducing hazards to prevent injuries. Journal of Physical Education, Recreation& Dance, 57(2), 46-52. • Clery, B. (1995, Winter-Spring). Commercial Insurance Carriers Write Disclaimer for Crime. Campus Watch, 1(1), Page 5. • Gilbert, B., & Twyman, L. (1983,January). Violence: Out of hand in the stands. Sports Illustrated, Pp. 62-72. • Garlon, ;arit "rlrl pA '6�9kparidingRoleZo ICnenttot ti oiiglu I onmenta sigMffiWihiges,L ability -National-Institute Of Justiee,-Research!Brlief~ • Maloy, B.P. (1993). Legal obligations related to facilities. Journal of Physical Education, Recreation and Dance, 64(2), 28-30, 64. • McCarthy, P. (1995,April-June). Lessons in the Law: To What Extent Must a Venue Owner be Held Responsible for Injuries On-Site? Crowd Management, 1(4),7. • Miller, A.W. (1989). Risk Management. In G. Nygaard& T. Boone (Eds.), Law for physical educators and coaches(pp. 419-437). Columbus, OH: Publishing Horizons. • Miller, L.K. (1993). Crowd Control. Journal of Physical education, Recreation and Dance, 64(2), 31-32, 64-65. • Minnax, Sr., P. (1994, October-December, 1994). When Terrorism Strikes: Protecting the Facility, Protecting the Patron. Crowd Management 1(2), 14-15. • Mulrooney, A. (1995, October-December). Security Issues in College Facilities. Crowd Management, 2(2), 14-15, 28. • Nilson, R.A., & Edington, C.R. (1982, August). Risk management: A tool for park and recreation administrators. Park&Recreation,pp. 34-37. • Nygaard, G., & Boone, T. (1989). Law for physical educators and coaches (2nd Ed.). Columbus, OH: Publishing Horizons. • Restatement Second of Torts (1965). • Ross, C.T. (1985, June). Managing risk. Athletic Business, pp. 22, 24, 26-27, 29. • Sharp, L.A. (1990). Sports law. National Organization on Legal Problems of Education(Whole No. 40). • libeard,R•t 99 ' ,bermr e trb+� ,�Airchit&iiural Influences�in C-tb*d Managetnent�int� hh IJP ro vd" ffl6 hWa),," 6 2* • van der Smissen, B. (1990). Legal liability and risk management for public and private entities. Cincinnati: Anderson Publishing Co. • Smith, M. (1996,April). Crime Prevention Through Environmental Design in Parking Facilities. National Institute of Justice, Research in Brief. • Staff Reporter(1994, October-December, 1994). Do Firearms and Facilities Mix?Crowd Management, 1(2), 22-23. • U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 1993 (Washington, DC: U.S. Department of Justice, 1995), Table 1. • U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 1993 (Washington, DC: U.S. Department of Justice, 1995), Table 61. • U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 1994 (Washington, DC: U.S. Department of Justice, forthcoming), Table 1. • U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 1994 (Washington, DC: U.S. Department of Justice, 1996), Pg. 7. • U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization in the United States, 1994 (Washington, DC: U.S. Department of Justice, forthcoming), Table 61. • Whitfield III, W. (1996, Oct.-Dec.). Legal Liability in Crowd Management. Crowd Management, 3(2), 9-15. Cases: 6 of 7 1/6/1998 12:07 PM ' Risk Mauagement For Parking Lots http://www.parking-net.com/research/projects/0010/ • Comastro v. Village of Rosemont(461 N.E:2d 616 (1984)). • Fernandez v. Miami Jai-Alai (386 So.2d 4 (Fl. App. 1980)). • Rodriquez v.New Jersey Sports and Exposition Auth. (472 A.2d 146 (1983)). • Roger v. Jones (128 Cal.Rptr. 404 (1976)). 1/6/1998 12:07 PM 7 of 7 V Parking Trend Network(Experts): 6-01-98 17:52:23 http://www.parking-net.com/info/$experts.exe/view?133" Gil Fried [ Dr. ] Job Title Organization I IUniversity of Houston Address 4800 Calhoun Postal Code 77204 City I Houston/Texas Country I jUnited States : Phone (713)743-9848 Fax (713)743-9860 Email I gfried(a�uh.edu Specialism Parking: • Crime prevention • Policies • Research • Safety Specialism: • J.D., The Ohio State University College of Law, 1990. • M.A., The Ohio State University, Physical Education emphasis in Sport Management, 1990. • B.S., California State University, Sacramento,Business Administration, 1986. Publications: Risk Management For Parking Lots Urban Mobility Network Expert ©Copyright 1997- NW World Business Intelligence Network BV I "f 1 1/6/1998 12:08 PM LIABILITY: A SUMMARY OF.... Monahan, PE, Donald R., 1997. "If Someone is Mugged in Your Garage, You Could Be Liable," Parking Today(November): 18-21. "A recent study of security-related lawsuits identified 186 cases in which the property owner was cited for failing to provide a level of security equal to the risk. Twenty percent of the cases occurred in parking facilities for which the average jury award was $575,000." Personal injury and criminal activity both can result in claims. Defense costs for claims can easily run to one-third or one-half of damages awarded. In the 1980's courts began favoring the "totality of circumstances" test which involves consideration of a variety of factors including prior similar incidents, nature of the business, surrounding locale, and lack of customary security precautions as an invitation to crime. (Prior to the 1980's the norm was that a crime was not foreseeable (requiring preventative measures)unless it had previously occurred on the premises.) Principles of natural surveillance access control and territoriality (sense of control over an environment). Incorporating passive and where needed active security can provide a defensible position to minimize liability exposure(while preventing crime and injury from occurring), reduce the cost of litigation and reduce the amount of monetary awards. Design Considerations Lighting is the most important security feature. Inadequate lighting is the contributing factor most often cited in personal injury lawsuits. Lighting should meet minimum IES standards. Enhanced lighting may be necessary to deter criminal activity. Maintenance of the lighting system is critical. Since lamps deteriorate with age,the light level directly under each fixture should be measured annually. Visibility should be maximized. (There's very little that can be changed now in our facilities.) Access Control should minimize the means of access to the parking facility and secure the access locations. Trip hazards represent 75%of liability claims, so wheel stops, curbs and islands should be avoided whenever possible (or at least painted a high contrast color). Make certain that lighting in the area of the hazard exceeds IES standards. Monitoring should include frequent patrols at irregular intervals. Possible additional options include silent door alarms, sound monitoring devices, panic buttons, emergency phones,motion detectors, and CCTV. Activation of an alarm always requires a human response! Facility management can help patrons feel more comfortable using a clean area with uniformed, friendly attendants. Escorts should be provided on request for early morning and late night patrons. Documentation of a pro-active approach to security is extremely important and cannot be overemphasized. Logs of lamp replacement, light fixture cleaning, security patrols and alarms should be well-maintained and complete. From Winning Ideas for Sucess 44t' International Convention and Exhibition of the National Parking Association, Maintenance- lighting by Stephen Long/Donald Monahan "For large companies with around 1,400 parking places, damages resulting from relatively small claims relating to tripping and falling amount to circa USD 500,000 per year. Compensation for sexual assault and rape may run to humdreds of thousands of dollars per claim, in particular in case of insufficient lighting." 1996 Thefts from Motor Vehicle pU U �_ la��J MARSHALL STRE ET CORN I I AV NUE Risk Assessment ��� City Zone 9�G Cemetery FARM STREET FARM STREET f CASCADI LL _ c�p�<� 0 a � ESTY STREET ¢ z CASCAOILLA z � 'ARK o R i?3e� H 1~ 62 HII —CDQRT ST. 062 rr r { VI g _ to C r Z Z {D D O 2 v (A X1? L ---1 (n TJ6 - '141. 1 :D -D rHll\ BUFFALO ST. A T FF T � A 2pi �{19t i/28�i48 (/)L-C SENECA ST. ' •073' ' EAST S NECA STM s 70 12/23 Ithaca70 °g$ ��cq r- 1817 �. D •; r �, S rA r v� n E Commons ia/�°i• •'to'7 ---EAST STA iz�s°,• , IX Mi/ Or MA { ry s r -, ES i:�03 -i aae•a7.� rn WEST CLI NTON E. CLINTON ST. T 2 vl D CENTER STREET C 0 a D 'D to e -t 1$ A 0M Z O V D r r (- z D p m R SCENT PL VJ _r----�--_— D Z{ --- z 1 � Petit Larceny 4/� J4Q Grand Larceny c1 GRANDVI ACrim. Ms. Int. Dam. D z XBurglary 1997 Thefts from Motor Vehicle Risk Assessment City Zone �`� Cemetery AGF FARM STREET ARM STREET CASC DILLA ST c~n ��FNGF �Qti' D >i 2 CASCADILLA ESTY STREET u PARK R a_ COURT ST. 2=Ib T U D D ' � n z 1� z z D v L to n < r 6 - WIN BUFFALO ST, p EAST UEFA T x/17 2111 0 •l4U) 02A/Io 2T01 NC �1t8 �o95r ,f.,;• A S `' EAST S NECA STS - f .9/20 f'1 0926 � 12/02 2 1/0 111Ithaca 1/1 s ST4 r y` �E 'O8 Commons UKLL 5/ov�w ii�ia��no 9,5 a Z N Alp f/ Six Mil(, o �15��6 1 :.,,,`reek 4Q3 W T{ D Sr GI LESS eibz2 13 7,, S j 211, M i Si�i ae S RR 6 fvn 04/05 WEST CLI NTON E. CLINTON ST. C b 1P _ ' A C + O CE TER STREET 13011 D zi la 17.1 6/26 rl D x` -a A 90/ovoe� Petit Larceny z 1� D T D Grand Larceny D Q�Q Crim. Mis. Int. Dam. �� P4 �4 Se c GRANBV Harassment 70 z x Information , ` High-Benefit Lighting Case Studies from The Real Cost of Lighting by Phil Sanders,Commercial Lighting Applications Specialist, GE Lighting in Parking Today, April 1998 p. 14 and National Lighting Bureau Web Site http://www.nlb.org Bryant College 1557 car commuter lot $12,000 yearly savings: energy $3000 less accidents and vandalism $6000 $9000 Fairmont Fair Mall Camillus,NY9$ 5,000 yearly savings: energy $1000 increased traffic, sales lower vacancy rate=more income (higher property valuation) less poles=more spaces $120,000 (increased sales per space) faster snow removal $7500 reduced security patrols lower vandalism,theft, liability $400,000/year excluding property value increase Lancaster,PA Prince St. Garage $115,000 yearly savings: energy $80,000 more interest -started wait list for commuter parking maintenance savings $6,500 reduced vandalism $2,000 $88,500/year plus more parking revenues Spring Valley Park 1$ 7,250 yearly savings vandalism $10,000 break-ins $25,000 vehicle-ped accidents reduced from approx 52/year to approx 13/year veh-veh accidents reduced from 40/year to 4/year $35,000/year plus reduced accidents CONTACT LIST - LIGHTING AND SECURITY revised:Aug.6, 1998 ACTIVE COMMITTEE phone fax email Bill Cornell Ithaca Police Dept. 272-9973 273-3797 not applicable JoAnn Cornish CSEA Administrative Unit 274-6550 joannc@ci.ithaca.ny.us Barbara Davieds Tompkins Co. Mental Health 274-6309 274-6316 BDAVIEDS&TOMPKINS-CO.ORG James L. Kelly City of Ithaca-Streets and Facilities 272-1718 272-4374 not applicable Nancy Lieberman TO 844-6586 844-6535 liebem@sgWccc.edu Dwight Mengle TCAT 277-9388 277-9551 dem llncornell.edu Nancy Oltz TCAT 277-9388 277-9551 no16@cornell.edu Doug Pessefall Ithaca Downtown Partnership 277-8679 277-8691 ithaca@lightlink.com Bill Petrillose Center Ithaca 272-5275 272-5385 ci@a,lightlink.com Richard Searles City of Ithaca-Streets and Facilities 272-1718 272-4374 not applicable Kal Wysokowski Tompkins County Area Development 273-0005 273-8964 tcad@liahtlink.com Lynne Yost City of Ithaca-Engineering 274-6532 272-7348 lynney_@ci.i� thaca.ny.us MAILING LIST ONLY phone fax email Beverly Apgar Ithaca Downtown Partnership 277-5515 Susan Blumenthal Common Council 272-3931 susanb@ci.ithaca.ny.us Frank Brackin Ithaca Police Dept. 272-9973 273-3797 fbrackin@liehtlink.com Alan Buchberg Ithaca Downtown Partnership 273-7231 Alan J. Cohen Mayor 274-6501 274-6526 mayor@ci.ithaca.ny.us David Lines/Carol Lasby Thomas Associates 277-7100 Beau Saul Ithaca Police Dept. Re.,,Fwd:Re:Garage Subject: Re: Fwd: Re: Garage Date: Wed, 29 Jul 1998 14:27:21 -0400 From: Lynne Yost<Iynney@ci.ithaca.ny.us> Organization: City of Ithaca,NY To: Carol Lasby <cfl@thomasamerica.com> Carol, I'll pass both notes onto Rick Ferrel and Jim Kelly. I'm glad that you're all talking together and at least there's a few bright spots. We'll keep plugging away at it. --Lynne Carol Lasby wrote: > Lynne --- just received this from one of our employees; thought it would be of interest. > Can 't remember if you knew about the potential clients that we had visit the first part of July. Anyway, I met with Jim Kelley, Rick Farrell and Rick Searles about cleaning up our area. Lynne --- it was the best that it has ever been since we were down here. Too bad they haven 't kept it up. One of my employees tries to sweep outside our office every day if not every other. Andrea is right - the smell is terrible --- not only the urination but the old garage below us. > -----------------------------------------------------I------------------- • Subject: Re: Garage > Date: Wed, 29 Jul 1998 13:14:41 -0400 > From: "Andrea Sakk" <ags0thomasamerica.com> > To: cflOthomasamerica.com > I have just been concerned because there has been a peculiar smell that becuase of the rain, I think may be being tracked into the office on people's shoes. I am! somewhat surprized that they do not clean the stairs every morning. I'm sorry to bother you with this. But I suppose complaints from Thomas Associates are probably more effective than those from an individual. > Andrea Guenschel Sakk > Architectural Designer > Thomas Associates AIE • ags&thomasamerica.com Lynne Yost, Asst. Civil Engineer phone: 607-274-6532 City of Ithaca, NY fax: 607-272-7348 108 E. Green Street Ithaca, NY 14850 lynney@ci.ithaca.ny.us 1 of 1 8/25/1998 11:05 AM L�C1111po1 Ldta I1ICCUIIgs: lo[norroW ano WCU 111gIUS Subject: Re: Important meetings: Tomorrow and Wed nights Date: Tue, 25 Aug 1998 08:46:08 -0400 From: "Carol Lasby" <cfl@thomasamerica.com> To: lynney@ciJthaca.ny.us Lynne: I wasn't in the office yesterday but was greeted by a number of employees from my office this morning about the "pile" that has been in the stairway for at least 2 days. This is a continuing problem. The following are questions that are asked of me on a continuing basis: First --- why wasn't it cleaned up on Monday? Second do our employees have to wade through that type of thing day in and day out? You have to understand that over 80% of our employees park on the upper level of the Green Street ramp and are exposed to this and other degrading things. Third - where are the extra patrols that were suppose to happen? When is something going to be done? � - 1 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 = t i of �c0`•,.... ode OFFICE OF THE CHAMBERLAIN q�/tA7�0 Telephone: 607/274-6580 Fax: 607/272-7348 To: Budget and Administration Committee From: Debra Parsons, City Chamberlain Re: Request to Extend Redemption Period Date: August 26, 1998 The period to redeem 634 W. Seneca Street from the 1994 City Tax Sale expired in November of 1997. Although I have received nothing in writing,I was informed that the owner intended to request an extension in order to have an opportunity to sell the property. The process to foreclose our lien is lengthy,with costs involved. The attorney's office recommends that we allow the owner the extension,with a provision for interest and penalties,as we have required in the past, so that the conveyance can take place. Our taxes would then be paid at closing. WHEREAS,a request for an extension of time for property redemption from the 1994 City Tax sale for the property at 634 W. Seneca Street has been received,and WHEREAS,the Budget and Administration Committee has reviewed the request and recommends approval of the extension;now,therefore,be it RESOLVED,That the existing owner be permitted to redeem the property at 635 W. Seneca Street,up to January 1, 1999,for the total lien amount outstanding,plus additional interest,penalty and related costs through the date of the redemption. "An Equal Opportunity Employer with a commitment to workforce diversification." co a { CITY OF ITHACA 1 James L. Gibbs Drive Ithaca, New York 14850 t � YOUTH BUREAU � 0 Telephone: 607/273-8364 Fax: 607/273/2817 TO: Dominick Cafferillo, Con Her FROM: Sam Cohen, Director RE: B &A Agenda for August 26th meeting DATE: August 14, 1998 Please place the following items on the agenda for August 2e meeting: Youth Development Request to amend budget and roster for the Outing program to accommodate a request for partial leave of absence. Request an amendment of the 1998 budget for Mechanical All Stars Program and permission to"roll over" certain new revenues for 1999. Recreation Request to accommodate a request for partial leave of absence. "An Equal Opportunity Employer with a commitment to workforce diversification." rr� CITY OF ITHACA N I James L. Gibbs Drive Ithaca, New York 14850 YOUTH BUREAU Telephone: 607/273-8364 Fax: 607/273/2817 To: Budget and Administration Committee From: Allen Green Youth Development Coordinator Re: Agenda items for the August B&A meeting Date: August 14, 1998 1) Request to amend the budget and roster for the Outing program in order to accomodate a request for a partial leave of absence: Monica Bosworth, a Youth Development Program Leader from our Outing Program has requested permission to switch from full time (35 hours/week) to part time (28 hours/week) during the 98/99 school year for personal reasons. We feel that we can accomodate this request without adversely impacting service to young people,by hiring additional part time/seasonal staff. We are requesting that the Outing Program budget and roster be changed as follows: Reduce hours Youth Development Program Leader (from 9/7/98 until 5/29/99)Outing Program- from 35 hours/week to 28 hours/week, and Transfer$1272.00 from Account # A7310-5110-1221 to Account # A7310-5120-1221 This transfer would address the 1998 budget impact.The 1999 budget impact would need to be addressed at a later date. 2) We would like to update the committee on our efforts to secure new sources of funding for the Mechanical All Stars Program, request an amendment of the 1998 budget for the Mechanical All Stars Program and request permission to "roll over" certain new revenues to 1999: "An Equal Opportunity Employer with a commitment to workforce diversification." a) As a result of the introduction of a new fee that we now charge schools who refer students to MAS during school hours, we expect to receive about $5500 in additional revenue from schools during 1998. We would like to amend the Youth Development budget as follows: Increase anticipated revenue: Account # A2070-01232 School fees Mechanical All Stars Program $5500.00 Increase expenses: Account # A7310-5120-01232 C,41 Part time/seasonal Mechanical All Stars Program $1220.00 Doc, ctcunf� qq-tp C- "`' - v- b) We would like to "roll over" a portion of the above revenue to 1999 so that it will be available to offset expenses. Portion to be "rolled over' to 1999: $4160.00 c) As a result of working to boost revenues that we receive in the form of contributions from "customers" in exchange for youth participants working on their cars, we expect to receive about$2000.00 in additional revenue during 1998. Increase anticipated revenue: Account # A2070-01232 Contributions Mechanical All Stars Program $2000.00 We would like to "roll over' the above revenue to 1999 so that it will be available to offset expenses. Grand total that we are requesting permission to "roll over" to 1999 : $6160.00 An alternative would be to deposit these funds in the ECHO (Every Child Has Opportunities) fund with the intent that they would be available in the future to offset expenses in the Mechanical All Stars Program. Thank you. CITY OF ITHACA 1 James L. Gibbs Drive Ithaca, New York 14850 = i �...• •,r;� YOUTH BUREAU Telephone: 607/273-8364 Fax: 607/273/2817 J " TO: Budget and Administration Committee FROM: Sam Cohen,Director RE: Agenda item for August 200 meeting DATE: August 14, 1998 Jill Adams, Recreation Leader, has requested to reduce her hours from 40 hours to 32 hours beginning August 31, 1998 through December 18, 1998 in order to allow her to pursue her studies and balance family life with a young child and work. I would like to honor this request. In order to do so I am requesting that: 1) you amend the roster to reflect this change 2) you transfer$1,202 from A7310—110-1501 to A7310-120-1501 to allow us to get the help we need. CC: Personnel "An Equal Opportunity Employer with a commitment to workforce diversification." «� J memorandum Date: 8/18/98 To: Budget and Administration Committee From: Sam Cohen RE: B&A Agenda for August 2e meeting Please add the enclosed Cass Park budget adjustment items to the B&A August 2e meeting. Confidential I s e CASS PARK CITY OF ITHACA 701 TAUGHANNOCK BLVD. ITHACA,NEW YORK 14850 Telephone:(607)273-1090 4 Fax: (607)273-8633 TO: Budget& Administration Committee FROM: John M. Doyle Recreation Facilities Manager DATE: August 18, 1998 RE: Budget Adjustment The Ithaca United Soccer Club has contracted with us to line and prepare soccer fields for their use this summer and fall. They will be paying the City a total of$1,150.00. For the City to provide these services we need the following: eo w C, slot«P ce u b, WD - increase A7310- 413 (program 1517)by $ 460.00 - increase A7310-120 (program 1517) by $ 600.00 - increase revenues (A2070)by $1,150.00 CC: Sam Cohen "An Equal Opportunity Employer with an Affirmative Action Program" rlr Recycled Paper ...iCy CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 OFFICE OF THE CITY ENGINEER .......••f'� Telephone: 607/274-6530 To: Budget &Administration Committee From: Bill Gray, Superintendent of Public Works Date: August 24, 1998 Re: Engineering Staff- promotion With the imminent departure of Assistant Civil Engineer Creig Hebdon I propose promoting Engineering Technician Sue Kittel to the position of Junior Engineer. I also propose to conduct a search for a qualified person for the vacated Engineering Technician's position. In order to commence this process Common Council must approve a change to the Engineering Office roster. One current position of Assistant Civil Engineer must be deleted and a Junior Engineer's position established. I suggest leaving the Engineering Technician's position on the roster. The 1998 budget contains $34,432 for the Assistant Civil Engineer's salary and $22,089 for the Engineering Technician. I propose to redistribute these salaries in order to promote Sue Kittel to Junior Engineer, hire an engineering technician, provide staff development specifically for the new hire and to contract for outside engineering services during 1998. The budget breakdown is as follows: Annual Annual Current Proposed '98_cost Current pay Engineering Technician.......................$22,089 $15,403 Current pay Assistant Civil Engr..............................$34,432 $24,010 Base pay Junior Engineer............ ............................................$25,126 $7,605 Base pay Engineering Technician ............................................$20,821 $6,302 Staff development ......................................................................$5,000 / $1 13'\, Outside services (contracts)........................................................$5,574 l $1,688 z, > Totals........................................................................$56,521 ...$56,521...... $56,521 Many of Creig's responsibilities can and will be performed by a Junior Engineer. Some responsibilities exceed those described in the Junior Engineer's job description and will need to be "contracted out". With this roster change and the reallocation of existing funding the Engineering Office will be able to expeditiously fill a staffing need that both Council and the Board of Public Works recognize. 'An Equal Opportunity Employer with an Affirmative Action Program' co Resolution Whereas, the Assistant Civil Engineer's position in the City Engineer's Office will be vacated on September 11, 1998, and Whereas, many responsibilities of the Assistant Civil Engineer can be delegated to a Junior Engineer, therefore, now be it Resolved, that one position of Assistant Civil Engineer shall be removed from the roster and the position of Junior Engineer shall be added to the roster, and, be it further Resolved, that Engineering Technician Sue Kittel shall be promoted to the position of Junior Engineer, effective upon approval of Common Council and the Civil Service Commission. AN ORDINANCE AMENDING CHAPTER 317 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA,ENTITLED -REMOVAL OF VEHICLES-91 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: That Chapter 317 of the City- of Ithaca Municipal Code entitled "REMOVAL OF VEHICLES" is hereby amended to read as follows: Section 1. Declaration of Legislative Findings and Purpose The Common Council finds that: (A) There has been evidence of overcharging by tow truck operators in excess of the rates prescribed by Chapter 317. (B) There has been inconsistency in the enforcement of Chapter 317. (C) The enactment of this ordinance is necessary to resolve the problems set forth above by providing for penalties for overcharging; establishing procedures for police and private property tow aways; enacting a procedure for a Tow Truck List to be maintained by the Ithaca Police Department; and improving the tracking of vehicles towed without the consent of the owner or authorized operator of the vehicle. Section 2 Repeal of Chapter 317; new enactment Chapter 317 is hereby repealed and is replaced by the following provisions: 317-1. Definitions Unless otherwise expressly provided, for the purpose of this chapter, the following words shall have the meanings herein indicated: (A) CITY—The geographical area of the City of Ithaca. fAmg\1cgis1at\toword.wpd Draft 1 8/19/1998 (B) 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. (C) NON-CONSENSUAL TOW — The towing of a vehicle made at the request of someone other than the owner or operator of the vehicle towed. (D) OPERATE — Includes the control and direction of the use of a vehicle for towing from places within the City of Ithaca, for hire. (E) TOW TRUCK OPERATOR—Includes a person owning, leasing or controlling one (1) or more tow trucks and driving, operating or causing any such vehicle to be operated upon the public highways for hire. (F) PERSON — Includes an individual, partnership, unincorporated association, corporation or other entity. (G) TERMINAL—Any place of business located within the County of Tompkins. (H) TOWING—The non-consensual moving of a vehicle from public or private property by another vehicle for hire. (I) 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. (J) 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. fAmg\legislat\toword.wpd Draft 1 8/19/1998 2 317-2. -Police Department Tow Truck Lis 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 tow aways ordered by the Police Department pursuant to the provisions of this Chapter shall meet the following requirements: I 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 (2) 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 fisted 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. 5. All charges for both towing and labor must be listed on authorization forms accepted and signed for by the person in charge of the disabled vehicle before it can be towed from its point of origin. 6. Tow truck operators shall be responsible for removing glass or other injurious substances dropped upon the public highway by the towed vehicle. T Tow track operators shall keep a record of calls and the fees charged for any towing transaction. Said records may be subject to police inspection at any time. fAmVegisIat\toword.wpd Draft 1 8/19/1998 3 i 8. Tow truck operators shall own, operate and maintain a bona fide terminal 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 of a minimum size of two feet by two feet. 9. The terminal must be fenced, locked and lighted in a manner to ensure the safety of vehicles stored on the premises. 10. Tow truck operators shall allow for the properly authorized release of motor vehicles in their custody twenty-four(24)hours a day, seven(7) days a week. ` 11. 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, and an application upon forms to be furnished by' the Police Chief, verified under oath, and stating: 1. The name and;t4dress 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 case of a corporation, of each officer and stockholder. 2. The number,of vehicles proposed to be operated by the tow truck operator and a description of each such vehicle including the make,model, year of manufacture, New York State registration number and motor number thereof. 3. The location of any and all depots and terminals proposed to be used by the applicant. flmgtiegislat\toword.wpd Draft 1 8/19/1998 4 4. Whether the operator wishes to be included on the Heavy Vehicle Tow Truck List. S. 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 be towed or impounded for violations of law by order of the Ithaca Police Department pursuant to section 5 below. 317-3. Removal from the Ithaca Police Department Tow-Away Lists. 1. The Police Chief may remove any tow truck operator from the Police Department Tow Away.Lists upon a finding that the tow truck operator: a. Violated any of the provisions of section 317-2(A) above. b. Violated any of the provisions of section 3317-13, pertaining to.removal and storage charges. C. Repeatedly refused calls or failed to answer calls from the Police Department for towing services. d. 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. fAmg\1egis1at\toword.wpd Draft 1 8/19/1998 5 t 2. Removal for a first violation shall be for a period of up to six months, and for a second violations for a period of up to twelve months. A third or following violation may result in permanent removal from the fist. 3. Any tow truck operator aggrieved by any decision by the Police Chief may apply to 2 the Supreme Court of the State of New York for review under Article 78 of the Civil _ Practice Law and Rules. 317-4. Authority of Police Department and Department of Public Works to impound and remove vehicles z A vehicle may be removed by the 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 or obstructs ingress to and egress from to private property. C. In instances involving property appurtenant to and obviously part of a one-, two-, or three-family residence. D. 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. fimg\Icgislat\toword.wpd Draft 1 8/19/1998 6 E. 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(4) 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. Posted signage indicating that parking is not permitted, and meeting the following requirements: 1. The signage must be prominently placed and be continuously maintained for twenty-four (24) hours prior to the towing or removal of the vehicle from the premises. 2. The notice must clearly indicate, in not less than two-inch=-high letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The notice must state clearly ow long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises. 3. The sign structure must comply with the provisions of Chapter 272, signs. 317-5. Procedure for tow ways ordered by the Ithaca Police Department A_ The Ithaca Police Department must attempt to contact the owner/operator of the vehicle before such vehicle is towed for parking violations, abandonment or other non-emergency situations. All attempts to contact the owner/operator must be documented in the Vehicle Towed Report. B. Selection of a Towing Company f.\mgVegislat\toword.wpd Draft 1 8/19/1998 7 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 ten thousand(10,000) pounds gross weight (5 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 Tow Away" Log. b. If the vehicle to be towed is over ten thousand (10,000) pounds gross weight (5 tons)then the next tow truck on the Heavy Vehicle Tow Truck list will be w called. The Police Dispatcher will record the call in the"Heavy Vehicle Police Tow Away" 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 loca4Qa of the incident shall not determine which towing coirnpanp,is to be called, unless life safety is involved. In such instance, the nearest operator to the scene win 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 Tow Away"Log to be maintained by the Police Department. Such a request will Vjng\1cgis1atltoword.wpd Draft 1 8119/1998 8 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 6 next towing company on the Police Tow Away list will be called as set forth 1: in this subdivision. 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.Tow Away" Log. C. On request of the owner of a vehicle, the vehicle may be towed to any garage designated by the owner. In the event the vehicle is not towed to the storage yard of the towing operator,arrangements for payment of towing and storage fees will be made between the operator of the tow truck and/or owner of the garage to which the vehicle is to be towed and the owner of the vehicle to be . towed. C. 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. D. No vehicle impounded by the Ithaca.Police Department shall be released to the owner of such vehicle without proper authority for release from th authorized member of the Department. E. 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 f rng\1egislat\toword.wpd Draft 1 8/19/1998 9 connected with towing or storage. It shall be the responsibility of the tow truck operators to arrange for the collection of all charges. 317-6 • Notice of removal � Upon the removal and disposition of any vehicle by order of the Ithaca Police Department or Department of Pubic 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 or 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 xti accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. C. That a review of the tow by an impartial officer designated by the Mayor regarding whether the tow was authorized by this Section may be requested. 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 a review and/or hearing requested within fifteen (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. 317-7. Release of towed or impounded vehicle A. Upon response of the owner or operator of the towed vehicle, the owner and operator will be directed to the Traffic Violations Bureau to make arrangements for payment of any accrued fines. f\mg\legislat\toword.wpd Draft 1 8/19/1998 10 B. Upon payment of fine or posting of bond, the Ithaca Police Department Traffic Unit, or Shift Commander will notify the appropriate tow truck operator authorizing release of the vehicle. A copy of the receipt will be made for the Vehicle Tow Report. C. Date and time of release of the vehicle will be recorded in the Vehicle Tow Report. D. The owner or operator of the towed vehicle shall have the right to inspect the vehicle before accepting its return. No release or waiver of any kind which would release the person or company removing the vehicle from liability for damages may be required from any such owner or operator as a condition of release of the vehicle to such person. A detailed, signed receipt showing the legal name of the person or company removing the vehicle must be given to the person paying the removal and storage charges at the time of payment. 317-8. Towing and storage: tow away 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 suitable place. The owner, or persons in charge of the vehicle, may redeem the vehicle upon payment to the responsible tow truck operator 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. Tow-away investigation. 1. In instances where a vehicle was removed by order of the Ithaca Police Department or Superintendent of Public Works, the owner, or persons in charge of the vehicle, may request a tow-away investigation by the Mayor and/or a hearing before an fAmg\1egis1at\toword.wpd Draft 1 8/19/1998 impartial officer designated by the Mayor to determine whether the towing of the vehicle is authorized by this Chapter. Such investigation and/or hearing shall be held within five (5) 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 r 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 persons in charge of the vehicle, do not claim the vehicle or request a review and/or hearing within fifteen(15)days of being notified of the tow, the Cite shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to selk the vehicle at public auction as provided by law. 317-9. Procedures for failure to plea or respond to parking violation notices .L�y A. Whenever a person has been issued a notice of violation for a parking violation and has not responded in the manner described in the notice, the City Court or the Traffic Violations Bureau shall give the owner of the motor vehicle a second notice of the violation by regular first-class mail. B. The second notice shall include, at a minimum, the following information: fAmgtlegislat\toword.wpd Draft 1 8/19/1998 12 1. That the owner has a period of twenty (20) days from the issuance of the second notice in which to respond to the notice of violation for parking violation. 2. That failure to respond to the notice of violation for parking violations may result in E the suspension and/or non-renewal of the owner's registration. 3. That failure to respond to the notice of violation for parking violations may subject the owner to additional penalties. 4. That failure to respond to the*notice of violation for parking violations shall subject the owner to a default judgment and additional penalties. 5. That submission of a plea of guilty to the parking violation makes the owner liable for the payment of the stated fine, additional penalties and any applicable mandatory surcharges. 6. That failure to respond to the notice of violation for parking violations may subject the owner to the impounding or immobilization of the owner's motor vehicle. 7. That failure to respond to the notice of violation for parking violations may be result in the arrest of the owner upon a warrant issued by the court.' 8. That failure to respond to the notice of violation for parking violations may subject the owner to collection fees by an outside agency. C. Default judgment. Where the City has given notice as provided above.-failure to respond to a notice of violation for parking violations within ninety(90) calendar days from the date of violation, shall be deemed an admission of liability and shall, upon following the procedures set forth in Section 1806-a. of the Vehicle and Traffic Law of State of New York subject the owner to a default judgment being entered thereon in amounts not greater than the amount f-\mg\IegisIat\toword.wpd Draft 1 8/19/1998 13 of the original fine,applicable surcharges, accrued penalties and any other provisions provided in the New York State Vehicle and Traffic Law. D. Whenever a person has failed to respond to at least five(5) separate notices of violation for u separate parking violations, the City may send to the owner of the motor vehicle by certified mail a notice to the effect that such person has failed to respond to at least five (5) 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 certified letter, the owner of the vehicle shall.immediately be,responsible for the cost of sending such notice x including administrative overhead. The owner shall have ten (10) days from the date of mailing of such certified 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 directiowd an officer or designated employee of the Police Department giving 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 x designated employee of the Police Department in such a manner as to prevent its operation. 1. No such vehicle shall be immobilized by means other than the use of a devise or mechanism which will cause no damage to the vehicle unless it is moved while the device or mechanism is in place. 2. It shall be the duty of the officer or designated employee of the Police Department immobilizing the vehicle, or under whose direction the vehicle is immobilized, to f:Mg\1egis1at\toword.wpd Draft 1 8/19/1998 14 cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn an individual that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. 3. The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Traffic Violations Bureau concerning all outstanding parking violations against said person and paying the fee for the removal of the immobilization device or mechanism, if applicable, or removal and storage fees. Alternatively, the owner or person entitled to possession of such vehicle may secure the release of the vehicle by posting a bond equal to the amount of the accrued fines, penalties, surcharges, and all removal and storage charges or $1,000.00,whichever is less. 4. Immobilization,towing, and storage fees may be challenged in the City Court Traffic Violations Bureau in the same manner as charges of parking violations are heard and determined. Challenges to such fees must be submitted in person or in writing,to the City Court or in writing to the Traffic Violations Bureau within twenty{20)-`drays after the immobilization or towing of a vehicle. Failure to challenge the fees in a timely manner or to appear at a scheduled hearing shall constitute a waiver of the right to challenge such fees and a forfeiture of a bond or fees already paid. 317-10, Liabili 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 Section 239, Paragraph 2., Subdivision b. or e. of the New York State Vehicle and Traffic Law, the owner of the vehicle, even f-\mg\1egis1at\toword.wpd Draft 1 8/19/1998 15 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 or her from the operator. 317-11. 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(3)times per year at intervals of approximately four(4) months. 317-12. Procedures for private property tow aways 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 suchaanauthorized 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. Posted signage on the premises meeting the following requirements: f:Mg\Iegislat\toword.wpd Draft 1 8/19/1998 16 a. The notice must be prominently placed on the premises, and be continuously maintained on the premise for twenty-four(24) hours prior to the towing or removal of any vehicle from the premises. A b. The notice must clearly indicate, in not less than two-inch high letters 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 groper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under Sections 14 and 17 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Paragraphs A and B above, the tow truck operator shall inform the Ithaca Police Department before removal. The vehicle will be entered into a log to be maintained by the Police Department. fArng\1egis1at\toword.wpd Draft 1 8/19/1999 17 317-13. Removal and storage charges; penalties for violation A. Removal and storage charges for non-consensual towing of vehicles in the City of Ithaca are hereby established as follows: 1. Ordinary removal charges shall not exceed$50.00 total charge. "Ordinary removal" means the removal of any vehicle that is not a special equipment removal, a special problem or circumstance removal, or an extraordinary removal. 2. Special equipment removal charges shall not exceed $70.00 total charge. "Special equipment removal"means the removal of any vehicle that requires special equipment such as dollies, flat beds, ramps,jacks or slings. 3. Special problem or circumstance removal charges shall not exceed $70.00 total charge. "Special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle, and extra cleanup. 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 is 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"Police Tow Away" Log. Approval or denial of request is to be made at the discretion of the police officer at the scene of the tow and indicated on the"Police Tow Away"Log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. 4. Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the fAmgUegislat\toword.wpd Draft 1 8/19/1998 18 removal of any vehicle requiring the use of a crane or other extraordinary equipment other than regular or special towing equipment. 5. A fee not to exceed $25.00 may be charged by the tow truck operator to the owner .,y 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. 6. Storage fees not exceeding$15.00 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. 7. An after-hours service charge not to exceed $10.00 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 of 11 P.M. to 7 A.M. B. Violation of any provision of this Chapter shall be punishable by a fine of not*more than two hundred fifty dollars ($250) or by imprisonment for a period not exceeding fifteen(15) days for each such offense, or by both such fine and imprisonment. 317-14. Effective Date This Chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. fAmg\1egis1at\toword.wpd Draft 1 8/19/1998 19 r From: Tom Dorman To: coi.main.STEVET Date: 8/18/98 2:22pm Subject: B & A Meeting Would you please include the following Fire Department items on the next B & A agenda. 1 . Capital Project 357 Water/Ice Rescue Program - not sure what happened here. The Capital Project committee report for 1998 projects shows the amount of this project as $29,581 . However, by all the other reports it shows as $19,581. Not sure what happened to the other $10,000. Regardless, at $19,581 we can not purchase all of the equipment as planned. 2 . Discussion on Supplied Air Respirators . This is confined space rescue equipment that I proposed purchasing long ago. It now looks like OSHA is going to cite us for the Buttermilk Falls incident because we did not use (did not have) this type of equipment. Thanks CC: coi.main.BRIANW To: All Common Council members Mayor Cohen City Clerk Julie Holcomb From: Jane Marcham, B&A chair Re: Schedule for October budget meetings Thanks for your replies on this topic. Only three of you detected conflicts at this time, one apiece for each of three dates, and a couple of these were only potential conflicts; also, some of you have rescheduled out-of-town trips. So we'll go ahead with the earliest dates: Oct. 5 8 13 15 19 22 That's Mondays and Thursdays, except for the 13th, a Tuesday. Mark your calendars, for 7: 30 p.m. each day. We' ll try to combine, cancel or at least minimize the B&A session for October. See you! t CL New York State Department of TAXATION and FINANCE f_ W.A.Harriman Campus Albany,New York 12227 _ J January 1999 Clothing/Footwear Exemption October 1, 1998 is the deadline to enact. October 5, 1998 is the deadline to mail your resolution. Governor George E. Pataki has signed legislation to provide an exemption for clothing and footwear purchases of less than$500 per item from the state-level sales and compensating use tax for the period Ua O:A,. 10} `° #Nw Counties and cities that impose a local sales tax can enact a similar exemption from their locally imposed tax during that period, by adopting the attached model resolution by October 1, 1998. The text and mailing requirements of this January 1999 model resolution are different from prior exemption weeks. Do not use prior model resolutions. The county or city must also mail a certified copy of the resolution on or before Monday, October 5, 1998, by registered or certified , mail to the Department of Taxation and Finance in order for the local exemption to apply. Fax delivery is not acceptable for the January 1999 exemption. Otherwise the local tax(2%to 41/4% depending on the location)will apply. Specific information and explicit instructions to enact the resolution for this clothing and footwear tax exemption are enclosed. sof you have any questions about the procedures to enact the resolution,please contact Steven U. Teitelbaum, Deputy Commissioner and Counsel, at(518)457-3746. w Use this Model Resolution to Enact the Clothing and Footwear Exemption from Sales and Use Taxes for the period January 17, 1999 through January 24, 1999 Please do not modify or change this resolution, regardless of usual local procedures. i Do Not Use or Copy Models from Prior Exemption Weeks, The Text for this Exemption Period is Different. RESOLUTION Be it enacted by the as follows: (insert proper title of local legislative body) Section one. Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph 30 of subdivision(a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section two. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing January 17, 1999,and ending January 24, 1999, although made or occurring under a prior contract. 1. This resolution must be enacted by Thursday.October 1. 1998. State law requires that the resolution be enacted as a resolution,regardless of the fact that the county or city imposes sales and use taxes by local law or ordinance. 2. There should be no text changes,other than inserting the proper legal title of the local legislative body enacting it. The addition of"WHEREAS"clauses preceding the body of the resolution is acceptable,so long as they do not change or conflict with the resolution. 3. In order to be effective,a certified copy of the resolution must be mailed by registered or certified mail no later than Monday.October 5. 1998. Fax delivery can not be used for this exemption period. 4. Be sure that the certified copy contains or shows the raised official seal of the county or city clerk making the certification. 5. Mail the ce ified copy of the enacted resolution no later than October 5,1998,to: Commissioner of Taxation and Finance Attention:Karen McCarthy-Townsend Secretary to the Commissioner of Taxation and Finance Room 206,Building 9 W A Harriman Campus Albany,New York 12227 6. You must also file certified copies with the local(county or city)clerk,the Secretary of State and the State Comptroller within five(5)days of enactment. DRAFT The Common Council is committed to the creation of a work environment that is supportive and respectful of all City employees. In such an environment there is no tolerance for racism, sexism, homophobia, intimidation, or any other discriminatory behavior or language. The City's new Human Resources Department, under the direction of Schelley Michell-Nunn will begin assessing the quality of worklife for employees.. In support of this effort the Common Council is (creating a Taskforce? Steering Committee?) or (charging the Affirmative Action Committee) to look at strengthening City policies and procedures that impact an individual's ability to work effectively ( i.e. hostile work environment ). Employees will be involved through focus groups, one-on-one interviews and surveys. Your participation will be an integral part of this process. This action means placing a strong emphasis on our belief that city employees deserve to be supported in shaping their career and maximizing their potential in a workplace that is dynamic and free of intimidation. 8/26/98 19 . 13 Lease of Office Space for Drug Court WHEREAS, Common Council previously allocated the 1998 Local Law Enforcement Block Grant to support the Ithaca Drug Treatment Program, and WHEREAS, the Ithaca Drug Treatment Program is in need of office space to accommodate the program; now, therefore, be it RESOLVED, That the City of Ithaca shall enter into a lease agreement with Center Ithaca-TSD Associates to rent office space for the Ithaca Drug Treatment Program for the period from October 1, 1998 to December 31, 1999, at a monthly rental of $1, 000 . 00 per month, and be it further RESOLVED, That the monthly rent and all other costs associated with the lease shall be paid out of the 1998 Local Law Enforcement Block Grant; and be it further RESOLVED, That the Mayor is authorized to execute the lease agreement on behalf of the City of Ithaca, after review and approval by the City Attorney.