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GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting Monday March 27, 2006 7:00 p.m.
PRESENT:
Chair Joel Zumoff
Alderpersons (3) Michelle Berry, Shane Seger, Mary Tomlan
OTHERS PRESENT:
City Attorney— Daniel Hoffman
Information Management Specialist— Cindie Day
City Clerk—Julie Conley Holcomb
Mayor Carolyn Peterson
Information Technology— Duane Twardokus
Asst. City Attorney— Robert Sarachan
Director of Human Resources — Schelley Michell-Nunn
Excused:
Alderperson David Gelinas
APPROVAL OF MINUTES:
Approval of February 27, 2006 Governance & Intermunicipal Relations Committee
Meeting Minutes — Resolution
By Alderperson Berry: Seconded by Alderperson Seger
RESOLVED, That the minutes of the February 27, 2006 Governance & Intermunicipal
Relations Committee meeting be approved as corrected.
Carried Unanimously
PUBLIC COMMENT:
Mr. Hollingsworth of Brooktondale, addressed the committee about the proposal to draft
a policy regarding flying flags on city buildings. He stated that the POW-MIA flag is
flown all over the United States and is usually flown underneath the American Flag.
The flag represents those who served their country, giving attention to those missing,
and to prisoners of war. He further stated that he believes the flying of the flag is not a
political issue but a humanitarian issue.
RESPONSE TO PUBLIC BY COMMITTEE MEMBERS:
Mayor Peterson thanked Mr. Hollingsworth for coming and reporting on flag protocol,
and wanted to let him know that the discussion on the agenda regarding "Flags"
pertained to the Earth Day Flag (Resolution from 1992) and flying that flag for one week
per year.
ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS:
Alderperson Seger updated the committee on the recent Federal Supreme Court
decision regarding the Solomon Amendment.
An Ordinance to Add Chapter 330 to the City of Ithaca Municipal Code Entitled
"Business Operation"
By Alderperson Tomlan; Seconded by Alderperson Seger
ORDINANCE NO. 06-
6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Chapter 330 Entitled "Business Operations" is hereby added to the City of Ithaca
Municipal Code as follows:
ARTICLE I
PARKING FACILITY OPERATIONS
§330- 1 Definitions.
For the purpose of this article, the following terms shall have the meanings ascribed to
them. All other words shall have the meanings normally ascribed to them in regular
usage.
PARKING FACILITY - For the purposes of this article, a parking facility is a City
designated structure or area where fees are levied for parking.
PROXIMITY CARD -A card issued by the proper parking authority to give the recipient
a permit to park in a parking facility.
AUTOMATIC PARKING CARD--A card produced by a mechanical device generated
with a time stamp to record when the parking time for a parking facility patron has
commenced.
PATRON-- A person who enters a parking facility in a car.
330-2 Theft of parking services prohibited.
No person shall intentionally fail to pay for parking charges incurred in a parking facility.
§ 330-3 Theft of parking services, presumptions.
1. Except as provided in this article, any person who fails to pay for parking
charges incurred in a parking facility shall be presumed to have done so
intentionally.
2. Obtaining a second or subsequent automatic parking card prior to paying for
parking is presumed to have been done with an intention to avoid paying for
all or some of parking charges incurred.
3. Use of a proximity card by someone other than the authorized user is
presumed to have been done so that the non-authorized user can avoid
paying parking charges.
4. Using or permitting the use of a proximity card in a manner not authorized is
presumed to have been done so to intentionally avoid the paving for parking.
§ 330-4 Theft of parking services, exceptions
It shall be an affirmative defense to any violation of this article that:
1. There was either an equipment failure or absence of personnel that prevented
the patron from paying upon their exit;
2. That the patron inadvertently entered the parking facility with insufficient funds
to pay for the parking and makes restitution at the City Chamberlain's Office
within two business days.
3. The patron was ready, willing and able to pay, but was unable to do so due to
any circumstances beyond the patron's control or some extraordinary
circumstance;
330-5 Theft of parking services, penalties
The violation of any provision of this article shall be punishable by a fine of$50;
provided, however, that a person who violates this article after having been convicted of
a violation of this article within the preceding three years shall be punishable by a fine of
$100; and further provided that, upon application by the city, that a person who violates
this article after having been convicted of a violation of this article twice within the
preceding three years shall be punishable by a fine of$250.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 3. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the definition of city parking facilities, and the
provisions for paying for parking in the absence of a garage attendant via use of
envelopes, etc.
A Vote on the Ordinance resulted as follows:
Carried Unanimously
An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code Entitled
"Commons"
By Alderperson Seger; Seconded by Alderperson Berry
ORDINANCE NO. 06-
6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 157-7 of Chapter 157, Entitled "Commons" of the City of Ithaca
Municipal Code is hereby amended to read as follows:
§ 157-7. General Commons Rules.
A. The following rules apply to all uses and activities on the Commons:
(1) Fire lanes are to be kept open at all times. No exhibit or item will be
permitted to locate in a fire lane.
(2) Permits for use will be valid for the assigned space between the hours of
8:00 a.m. and 10:00 p.m., and amplified sound may not start before 10:00 a.m.
and may not extend beyond 10:00 p.m., without special permission by the
Commons Advisory Board. In scheduling events and activities on the Commons,
consideration will be given to the people living and doing business on and around
the Commons.
(3) No user will be permitted to reserve a location on the Commons for more
than five events in any calendar year with the exception of the Ithaca Downtown
Partnership. A single event is defined as being limited to three consecutive days
in duration. Applicants requesting events of a longer duration may be temporarily
placed in mobile vending sites as available.
(4) Rain dates will not be scheduled at the time the original permit is issued
but, in case of rain, every effort will be made to reschedule the event at the
earliest appropriate time. Reapplication for a permit will not be required.
(5) - - - - .•• e - - - , - - - -- - = - - •- - - - -
Disrupting the natural flow of pedestrian traffic or the
ingress to or egress from storefronts shall be prohibited.
(6) No person shall litter or throw, scatter material of any kind on the
Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the
primary/secondary Commons shall not be permitted without a vending
agreement, except that the sale of event specific items and items related to, and
being sold bv, a not-for-profit organization shall be allowed pursuant to approval
and permit by the City Clerk and/or Commons Advisory Board. Sale of event
{R)) Promotional, advertising, banners or other materials are not to be placed
across the Commons, or affixed to any pavilions or other infrastructure, except in
cases where a Common's Use Permit has been approved.
(10) ) No person shall climb upon or permit minors in his/her custody to climb
upon the fountain structure, elf any public art piece, light poles, trees, or planters
on the Commons.
{11) (10) No items shall be affixed or bound to any light poles, trees, plants,
pavilions or other infrastructure on the Commons, except in cases where
approval of the Department of Public Works or City Clerk has been granted.
(12) (11) The Commons can be reserved for"Sidewalk Sale Days," at which
time Commons merchants would be allowed to display and sell merchandise on
the Ithaca Commons with a Commons Use Permit approved by the Commons
Advisory Board.
(12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of
Ithaca Municipal Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of
a permit by the Commons Advisory Board.
B. Siqns, Merchandise Displays, Temporary Planters.
A business, organization, or establishment may have a sign or display, to advertise the
business in that location, subject to the following restrictions or privileges.
1.) There may be one free-standing Sign or Display (not both) per business entrance
only, regardless of the number of businesses or organizations within the building.
Where the word "sign" is used alone, hereinafter it refers to a sign or display
2.) For the Primary Commons, free-standing signs may be up to 48 inches tall and must
abut the building, extending only 24 inches into the sidewalk area or to the fire lane,
whichever is less. Signs may not extend into the fire lane. For the Secondary
Commons, signs may be up to 48 inches tall x 24 inches wide and must be placed by
the curb of the street, not blocking the opening of car doors or access to parking meters,
and must allow at least 60 inches (5 feet)for pedestrian right of way between the sign
and the buildings.
3.) All Signs must be made of durable material and be heavy enough to remain in place
in all weather.
4.) Signs must be maintained in good condition, no rust, peeling paint, peeling laminate
or broken sections, and the owner of the sign or display must keep the area around the
signs clear of snow and debris on and around the Signs at all times.
5.) Merchandise Displays may be 60 inches tall and extend 24 inches into the sidewalk
area or to the fire lane whichever is less. Displays may not extend into the fire lane.
The display base size shall be no greater than 24 inches square and made of a durable
material and heavy enough to remain standing in all weather. Displays must be
maintained in good condition as are the signs.
6.) Temporary Planters for flowers and plant display shall abut the building and extend
no more than 18 inches into the pedestrian walkway or the fire lane, whichever is less.
A planter must be at least 18 inches tall at the lip of the planter. Planters may extend the
length of the business. Planters must be maintained in good condition, filled with plants
or flowers, and must be kept free of snow and debris in and around the planters.
7.) No Sign, Merchandise Display or Planter may impede traffic flow in or out of building
entrances.
8.) Businesses with Outdoor Dining Permits must keep their Signs, Merchandise
Displays and Planters within their designated outdoor dining area.
9.) All Signs, Merchandise Displays and Planters must be taken in at the close of the
business day.
10.) The Ithaca Downtown Partnership shall be allowed to place signs for Community
Events and Concerts at or near the four Commons Pavilions, and/or the three entrances
to the Commons (Aurora Street, Cayuga Street, and Seneca Street). These signs shall
not impede pedestrian traffic, or block fire lanes.
11.) Signs, Merchandise Displays and Planters are not permitted during events listed as
Food Vendor Blackout dates as per the Ithaca City Clerks office.
12.) The building owner shall be liable for any violations under this Ordinance.
The building owner is responsible for determining the rights of building tenants to place
skins, merchandise displays or planters on the Commons. The building owner may not
charge any fees for the use of a sign in public space.
Section 2.
Section 157-32 entitled Penalties for Offenses shall hereby be amended to read as
follows:
§ 157-32. Penalties for offenses.
Except as otherwise provided, _ e= -= ' _ _ _ _ - _ _ _ _ _ - - -- - = _
this Code. any violation of the provisions of this law shall be punishable as a Civil
Offense in accordance with Section 1.1 of the City of Ithaca Municipal Code.
Section 3. Severability.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the proposed changes to the legislation.
Alderperson Zumoff shared concerns that were brought to his attention by local attorney
Ray Schlather regarding wording in section 157-7 which prohibits unattended
freestanding religious displays. Minor wording changes were proposed to clarify the
intent of the ordinance.
A vote on the ordinance resulted as follows:
Carried Unanimously
Proposed Cyber Security Citizens' Notification Policy
By Alderperson Berry: Seconded by Alderperson Tomlan
Substitute Ordinance: Submitted by City Attorney Hoffman:
Ordinance No. of 2006
WHEREAS, the New York State legislature has adopted the Information Security
Breach and Notification Act, which Act was effective as of December 7, 2005, and the
provisions of said Act have been incorporated into the State Technology Law, Section
208; and
WHEREAS, said Law requires every local government in New York State to individually
adopt its own notification policy, consistent with said State Law, within 120 days of the
effective date of said Law, namely, by April 6, 2006; now therefore
BE IT ORDAINED AND ENACTED that the following be added to the Municipal Code
of the City of Ithaca as Chapter 42, entitled "Cyber Security Citizens' Notification Policy."
Chapter 42, CYBER SECURITY CITIZENS' NOTIFICATION POLICY
§ 42-1. Name.
This Chapter shall be known and may be cited as the "Cyber Security Citizens'
Notification Policy."
§ 42-2. Intent.
The policy set forth in this Chapter is intended to be consistent with the State
Technology Law, Section 208, as added by Chapters 442 and 491 of the Laws of 2005.
This policy requires notification to affected New York residents and non-residents. The
City of Ithaca and New York State value the protection of private information of
individuals. The City of Ithaca is required to notify an individual when there has been or
is reasonably believed to have been a compromise of the individual's private
information, in compliance with the applicable provisions of the State Technology Law
and this policy.
§ 42-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
CONSUMER REPORTING AGENCY: Any person or entity which, for monetary fees,
dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer reports to third parties, and which
uses any means or facility of interstate commerce for the purpose of preparing or
furnishing consumer reports. (The State Attorney General is responsible for compiling a
list of consumer reporting agencies and furnishing the list upon request to the City of
Ithaca.)
DATA: Any information created, stored (in temporary or permanent form), filed,
produced or reproduced, regardless of the form or media. Data may include, but is not
limited to personally identifying information, reports, files, folders, memoranda,
statements, examinations, transcripts, images, communications, electronic or hard
copy.
INFORMATION: The representation of facts, concepts, or instructions in a formalized
manner suitable for communication, interpretation, or processing by human or
automated means.
PERSONAL INFORMATION: Any information concerning a natural person which,
because of name, number, personal mark or other identifier, can be used to identify
such natural person.
PRIVATE INFORMATION: Personal information in combination with any one or more
of the following data elements, when either the personal information or the data element
is not encrypted or encrypted with an encryption key that has also been acquired:
1. social security number; or
2. driver's license number or non-driver identification card number; or
3. account number, credit or debit card number, in combination with
any required security code, access code, or password which would
permit access to an individual's financial account
"Private information" does not include publicly available information that is lawfully made
available to the general public from federal, state, or local government records.
COMPROMISE OF PRIVATE INFORMATION: The unauthorized acquisition of
unencrypted computerized data containing private information, from records maintained
by the City of Ithaca.
THIRD-PARTY: Any non-municipal employee such as a contractor, vendor, consultant,
intern, other municipality, etc.
§ 42-4. Notification Procedure.
A. The City of Ithaca, after consulting with the State's Office of Cyber Security and
Critical Infrastructure Coordination (hereinafter "CSCIC"), to determine the scope of the
breach and restoration measures, shall notify an individual, as quickly as is practicable,
when it has been determined that there has been, or is reasonably believed to have
been, a compromise of that individual's private information through unauthorized
disclosure.
B. If encrypted data is compromised along with the corresponding encryption key, the
data is considered unencrypted and thus falls under the afore-mentioned notification
requirements.
C. The notification required hereunder may be delayed if a law enforcement agency
determines that the notification impedes a criminal investigation. In such case,
notification will be delayed only as long as needed until it has been determined that
such notification no longer compromises any such investigation.
D. The City of Ithaca shall notify the affected individual(s) by one of the following
methods:
1. Written notice delivered to the individual or mailed or delivered to the
individual's address of record;
2. Electronic notice, provided that the person to whom notice is required has
expressly consented to receiving notice in electronic form and a log of each
such notification is kept by the City of Ithaca, in such form;
3. Telephone notification, provided that a log of each such notification is kept by
the City of Ithaca; or
4. Substitute notice, if the City of Ithaca demonstrates to the State Attorney
General that the cost of providing notice would exceed $250,000.00, that the
affected class of persons to be notified exceeds 500,000, or that the City of
Ithaca does not have sufficient contact information for the affected person(s).
The following, together, constitute sufficient substitute notice:
a. E-mail notice, when the City of Ithaca has an e-mail address for the subject
person(s);
b. Conspicuous posting of the notice on the City of Ithaca's web site page, if
the City of Ithaca maintains one; and
c. Notification to major local and statewide media.
E. The City of Ithaca shall notify the CSCIC as to the timing, content and distribution of
the notices and approximate number of affected persons.
F. The City of Ithaca shall notify the State Attorney General and the State Consumer
Protection Board, whenever notification to a New York resident is necessary, as to the
timing, content and distribution of the notices and approximate number of affected
persons.
G. Regardless of the method by which notice is provided, the notice must include
contact information for the City of Ithaca and a description of the categories of
information that were, or are reasonably believed to have been, acquired by a person
without valid authorization, including specification of which of the elements of personal
information and private information were, or are reasonably believed to have been, so
acquired.
H. This Policy also applies to information maintained on behalf of the City of Ithaca by a
third party.
I. When more than 5,000 New York residents must be notified at one time, then in that
case the City of Ithaca shall notify the consumer reporting agencies as to the timing,
content and distribution of the notices and the approximate number of affected
individuals. This notice shall be made without delaying notice to the affected
individual(s).
§ 42-5. Implementation.
The Mayor shall ensure that a written, city-wide protocol is established, which protocol
shall stipulate how the notification requirements in this policy are to be implemented.
§ 42-6. Effective Date.
The effective date of this policy is April 7, 2006.
City Attorney Hoffman reported that New York State has passed a law that requires
municipalities to adopt a Cyber Security policy before April 6, 2006. The intention of the
policy is to protect electronic records that contain citizen's private information and to
develop a process for informing people when the security of the City's electronic
systems has been breached.
Discussion followed on the floor regarding who should be held accountable for the
implementation of this policy. Mayor Peterson agreed to take responsibility for the
development and implementation of a standard protocol.
A vote on the ordinance resulted as follows:
Carried Unanimously
Discussion on Flying Flags on City Buildings:
The committee discussed two resolutions that had been approved by previous Councils
related to flying of the POW-MIA and Earth Day Flags. Mayor Peterson noted that she
has been asked to fly the Earth Day Flag for one week during the month of April.
Alderperson Zumoff expressed concern that the provisions of these resolutions are
currently not being followed.
Extensive discussion followed on the floor regarding the need for a flag policy, flag flying
protocol, practices of other government entities, and the capabilities of the existing flag
pole on City Hall. Alderperson Zumoff noted that this discussion and the development of
a draft policy would continue at future committee meetings.
ADJOURNMENT:
On a motion the meeting adjourned at 9:14 p.m.
e_.unC . D P-*W
Cindie L. Day Joel Zumoff
Information Management Specialist Chair