HomeMy WebLinkAboutMN-CC-2018-05-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 2, 2018
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming,
Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Director of Planning & Development – Cornish
Deputy Director of Economic Development - Knipe
EXCUSED:
Alderperson Smith
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Brock requested the deletion of Item 13.1 – Approval of Titus Triangle Park
Shared Boat Rack Proposal.
No Council Member objected
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed May, 2018 as Mental Health Awareness month in the City of
Ithaca.
Mayor Myrick also proclaimed the week of April 29 – May 5, 2018 as National Small
Business Week in the City of Ithaca.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
James Lukasavage, City of Ithaca, requested that a comprehensive air quality study be
conducted in the City of Ithaca.
Joe Wilson, Town of Dryden, urged support of the Green Building Policy.
Fay Gougakis, City of Ithaca, spoke about cell phone safety, and Lime Bikes.
Theresa Alt, City of Ithaca, urged serious consideration about how much affordable
housing will be made available with the Green Street Garage project.
John Driscoll, City of Ithaca, thanked the IURA for granting the extension of the Green
Street Garage Project as he would like to see the Green Building Policy passed prior to
the project.
Sandy Wold, City of Ithaca, urged the inclusion of public green space as part of the
Green Street Garage project.
Ruth Yarrow, City of Ithaca, addressed the gentrification and lack of affordable housing
in the City. She further voiced her support for the Green Building Policy.
Elan Shapiro, Town of Ithaca, thanked the folks who activated to get a second round of
proposals for the Green Street Garage Project.
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Guillermo Metz, Town of Danby, stated that the Tompkins County Cooperative
Extension supports the Green Building Policy and commended Sustainability
Coordinator Nick Goldsmith for his work on it.
Shari Korthius, City of Ithaca, spoke about environmental concerns, the Green Street
Garage Project, mental health awareness, and the parking impacts of the City Centre
and Harold Square projects.
Nevine Sabet-Swingle, Town of Dryden, discussed a mental health arrest and how
people are treated by the police.
Stephanie Heslop, discussed the Green Street Garage Project and the Green Building
Policy acceleration. She urged the recognition of employers who pay a living wage.
Amanda Kirchgessner, Town of Ulysses, discussed affordable housing, environmental
concerns, and mental/social health.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Brock noted that the topics discussed tonight felt like a community in
distress. She thanked the speakers for stepping out their comfort zones to speak. She
responded to comments made by Ms. Sabet-Swingle noting that she was heard and
that she and Alderperson Smith would reach out to Tompkins County and the Ithaca
Police Department to discuss the issue further.
Alderperson Nguyen thanked everyone for coming out to discuss affordable housing.
He responded to comments made by Ms. Gougakis and Mr. Lukasavage. He agreed
that Lime Bikes should not be parked in bike racks, and that it would be nice to have a
better understanding of the air quality in the City. He stated that the issue of dogs on
the Commons would be discussed by the Public Safety and Information Commission,
and that the Ithaca Police Department would be assigning someone to traffic safety
issues.
Alderperson Murtagh responded to comments made about the Green Street Garage
project. He stated that the Request for Proposals has been reopened and explained
why the city is considering this project:
1.) The City is a few years away from rebuilding the parking garage which will result
in a large increase in property taxes, which impacts affordable housing.
2.) The City is trying to attract more affordable housing.
3.) There is a huge demand for a Conference Center that could support local
businesses.
He noted that this is a very complex project and there will not be a lot of developers that
will be able to turn the vision into a reality. The City wants to find a project that the
community can support. He stated that the RFP process was fair and one developer
was not favored over another. There was a fair and objective review of proposals. The
project has a lot of stakeholders including taxpayers, tenants, and downtown
businesses.
Alderperson McGonigal thanked all of the speakers including Ms. Gougakis for bringing
up issues with the rollout of the Lime Bikes, and Mr. Lukasavage for asking questions
about air quality. He noted that he will continue to seek more information on those
topics. He stated that he appreciates the comments made about gentrification and the
lack of affordable housing, and also thanked Alderperson Murtagh for his comments
about the fiscal burden on taxpayers. He noted that he does not support the conference
center and would like to see local people supporting local businesses, not outsiders. He
stated that development should focus on what the local people need and will support ,
and that new housing developments should be studied further before more housing is
built.
Mayor Myrick explained that Common Council did not approve Lime Bikes coming to
the City, he did. Bike Walk Tompkins was in support of a bike share program; however,
the geography (hills) in the City created a large challenge. Research was conducted on
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successful programs in other cities. Bike Walk Tompkins reached out to the City for the
approval of Lime Bikes and the Department of Public Works was approached about the
idea. He noted that Council has the authority to review the approval process if people
are interested in doing so.
Mayor Myrick also responded to comments made about gentrification. He noted that a
building boom of new housing started 4 years ago but the price of housing started
increasing in the 50’s/ 60’s and stalled in the 70’s when suburbanization began in the
Towns of Ithaca and Lansing. The City’s infrastructure started to fail, costing more
money. Now society has changed and people don’t want to live in suburbs, they want
to live in city centers. More homes per person are needed as people are getting
married older, having children later, and not staying married as long. No new housing
was built in the 2000’s and the price of housing doubled between 2000 – 2012. He
noted that by adding housing without tearing housing down, you can bend the cost
curve and bring the tax rate down. A pattern of quiet, silent gentrification has occurred
due to taxation and housing costs. He stated that the City cannot stop building if what
we care most about is keeping the city affordable to live in; but we have to be smart
about it. He described the various aspects of the Green Street Parking Garage
(eastern, Center, Western sections); Cinemapolis; and the Tompkins Trust building. He
stated that mid-week / mid-day is the peak demand for the 1,493 available parking
spaces. Only 67% of the parking stock is utilized, there are still 740 parking spaces not
being used. Encouraging housing downtown is the most environmentally friendly thing
the city can do.
Discussion followed on air bed & breakfast housing structures; approaching Cornell as
affordable housing is a tax base issue; and the amount of affordable housing proposed
for the project.
CONSENT AGENDA ITEMS:
Superintendent of Public Works Office:
8.1 Simeon’s American Bistro Alcohol Permit Request - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's
American Bistro Restaurant allowing that restaurant to utilize certain areas along North
Aurora Street and on the Ithaca Commons for outdoor dining; and
WHEREAS, this use of public property has generally been deemed proper and
successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Ithaca Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's American Bistro Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2018, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's
American Restaurant that includes the sale of alcohol in accordance with the terms and
conditions set forth in the application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
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8.2 Ithaca Police Department (IPD) - Amendment to Personnel Roster -
Executive Assistant - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, the Ithaca Police Department anticipates a retirement in the position of
Executive Assistant on July 27, 2018; and
WHEREAS, the Executive Assistant is a critical position responsible for the smooth
operation of the Chief’s Office; and
WHEREAS, it would be beneficial for the current incumbent of the position to provide
training and orientation to the next incumbent; and
WHEREAS, it is necessary to create an overlapping position to allow for this training
and orientation to occur; now, therefore be it
RESOLVED, That the Personnel Roster of the Ithaca Police Department be amended
as follows:
Add: One (1) Executive Assistant (40 hours)
; and, be it further
RESOLVED, That upon the retirement of the current Executive Assistant, the position
vacated through retirement shall be abolished effective on the employee's retirement
date; and, be it further
RESOLVED, That funding for this overlapping position shall be derived from within the
existing 2018 Ithaca Police Department budget.
Carried Unanimously
8.3 Department of Public Works (DPW) - Assignment and Reallocation of
Positions at the Water Treatment Plant - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, the position of Assistant Chief Water Treatment Plant Operator was
created in the 2018 City budget; and
WHEREAS, the Department of Public Works is moving forward with filling this position;
and
WHEREAS, the implementation of the Assistant Chief Water Treatment Plant Operator
position will reduce the level of responsibility of the Senior Water Treatment Plant
Operator position; and
WHEREAS, the Human Resources Department has conducted point factor evaluations
of the Assistant Chief Water Treatment Plant Operator position and the restructured
Senior Water Treatment Plant Operator position and has made salary grade
recommendations for both positions; now, therefore be it
RESOLVED, That the position of Assistant Chief Water Treatment Plant Operator shall
be assigned to the CSEA Administrative Unit Compensation Plan at salary grade 15;
and, be it further
RESOLVED, That the position of Senior Water Treatment Plant Operator shall be
reallocated from Grade 15 to Grade 13 of the CSEA Administrative Unit Compensation
Plan; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
the Assistant Chief Water Treatment Plant Operator position shall be established at
eight (8) hours per day (forty (40) hours per week).
Carried Unanimously
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8.4 Youth Bureau - Amendment to Personnel 2018 Roster - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, the Youth Bureau has examined the best ways to provide academic
support and mentoring given the recent retirement of the long-time Program Coordinator
for The Paul Schreurs Memorial Program; and
WHEREAS, the Youth Bureau has made the decision to merge the Paul Schreurs
Memorial Program with the College Discovery Program under the leadership of the
current College Discovery Program Coordinator; and
WHEREAS, the Youth Bureau requests amendments to the 2018 Roster in order to
best meet its needs and support the vision, mission and goals of the academic support
and mentoring programs; and
WHEREAS, the Youth Bureau has been advised by and worked closely with the HR
department throughout the planning process; and
WHEREAS, the funding of two Youth Program Leader positions (35 hours) will allow the
program to continue services to youth in our community; and
WHEREAS, the Youth Bureau would like to defund the current Youth Program
Coordinator position, as well as the Youth Program Leader position (22 hours) and
transfer that employee to one of the funded Youth Program Leader positions (35 hour);
and
WHEREAS, this restructuring will not require additional funds from the City and will
allow the Youth Bureau to optimize resources and personnel to continue to provide
quality services to residents; now, therefore be it
RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as
follows:
Fund: Two (2) Youth Program Leader (35 hours)
Defund: One (1) Youth Program Coordinator (35 hours)
One (1) Youth Program Leader (22 hours)
Carried Unanimously
8.5 Ithaca Fire Department (IFD) – Award of Bid for Gear Washer/Dryer -
Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, on March 2, 2018, the City of Ithaca posted a Notice to Bidders with
specifications for Gear Washer/Extractor; and
WHEREAS, on March 27, 2018, the City of Ithaca Controller’s Office received sealed
bids from three bidders; and
WHEREAS, staff have reviewed the bids, specifications, options, and proposals made
by each bidder; and
WHEREAS, after review, Fire Chief Parsons recommends the award of the bid be made
to Dry Gear Solutions, Inc., 6382 Route 191, Cresco, PA 18326; now, therefore be it
RESOLVED, That Common Council hereby approves the award of a bid and contract
between the City of Ithaca and Dry Gear Solutions, Inc. in accordance to the pricing and
bid specifications for Gear Washer/Extractor received on March 27, 2018.
Carried Unanimously
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8.6 Ithaca Police Department (IPD) – Request to Amend the 2018 Authorized
Budget for Donations - Resolution
By Alderperson Kerslick: Seconded by Alderperson Brock
WHEREAS, the Ithaca Police Department received a $10,000 grant from Triad
Foundation to provide support for the hiring of a consultant who specializes in law
enforcement policy; and
WHEREAS, the Ithaca Police Department is in need of updating the Department
policies and procedures; and
WHEREAS, the most cost effective solution to updating the Department’s policies and
procedures is by hiring a consultant to assist with such an undertaking at an estimated
cost of $25,000; and
WHEREAS, The $10,000 grant will help support the $25,000 cost for said service with
the other $15,000 derived from existing 2018 Police Department funds; now, therefore
be it
RESOLVED, That Common Council hereby accepts the $10,000 grant from the Triad
Foundation to provide support for the hiring of a consultant to update the Department’s
policies and procedures and amends the 2018 Authorized Police Department budget as
follows:
Increase Appropration Account:
A3120-5435-5000 Contracts $10,000
Increase Revenue Accounts:
A3120-2705 Donations $10,000
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Adopt Green Building Policy Report and to Direct Staff to
Codify Policy Recommendations for Review and Consideration of Adoption
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS the City has adopted a goal of reducing greenhouse gas (GHG) emissions
80% by 2050, and nearly three quarters of the Ithaca community GHG emissions come
from residential and commercial buildings; and
WHEREAS the City of Ithaca Comprehensive Plan suggests “Enact more stringent local
energy codes based on standards for new and existing buildings and voluntary
certification programs” and The City’s Energy Action Plan recommends “Encourage
sustainable and energy efficient development (and re-development) through green
building policies and implementation of advanced energy codes” and “Consider
regulatory tools to encourage/require higher energy efficiency standards for rental
housing;” and
WHEREAS with the aid of a consultant team, as part of the Green Building Policy
project, the City has conducted a comprehensive examination of our existing and future
building stock, as well as green building standards for new construction and potential
economic, social and environmental impacts of policies which incentivize or mandate
those standards; and
WHEREAS the Green Building Policy report provides policy recommendations for
energy efficiency requirements and related incentives to substantially reduce carbon
emissions in all new buildings, while emphasizing and supporting affordability; and
WHEREAS additional work, such as research (possibly in conjunction with a technical
consultant) and stakeholder outreach, is needed to provide a level of detail sufficient to
develop code language for a green building policy; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca adopts the Green Building
Policy report, dated April 25, 2018; and, be it further
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RESOLVED, That the Common Council of the City of Ithaca directs staff to perform
additional research and stakeholder outreach and codify the policy recommendations
contained in the Green Building Policy report for review and consideration of adoption.
Alderperson Brock noted that this document represents a fantastic amount of work with
a tremendous amount of detail. She stated that this is a huge leap in the right direction
even though there may be adjustments made in the future.
Alderperson Kerslick commented that this is an excellent piece of work and it is
important that it is implemented soon. He noted that the policy applies to new buildings
and questioned where the energy efficiency was coming from. Sustainability
Coordinator Goldsmith responded that while this legislation applies to new buildings, a
study should be conducted for existing buildings in addition to new buildings.
Alderperson Lewis noted that the detail in the report is tremendous and voiced her
appreciation for the incorporation of the public’s comments.
Alderperson Nguyen expressed his thanks for the report and the work of the team,
noting that developer input was included as well as other stakeholders. He noted that
the report addresses the affordability of incorporating green initiatives into new
buildings.
Alderperson Murtagh questioned how quickly this could be expected to happen.
Sustainability Coordinator Goldsmith responded that he would be putting together a
proposal with a proposed timeline and budget. The Town of Ithaca will be operating a
parallel process.
Mayor Myrick thanked Sustainability Planner Goldsmith for his hard work on this
important initiative.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning,” Article II, Section 325-5 entitled “Zoning Map”, Article IV,
Section 325-12, entitled “Purpose and Intent”, and Section 325-12.C, entitled
“Establishment and Location” in Order to Clarify the Boundaries of the Recently
Established Planned Unit Development Overlay District (PUDOD)
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a
Planned Unit Development Overlay District (PUDOD); and
WHEREAS, prior to voting on the establishment of the PUDOD, the Common Council
amended the ordinance to include the parcels located along Linden Avenue that were
zoned CR-4; and
WHEREAS, along Linden Avenue there are two sections of properties that are zoned
CR-4, however, it was the intent of the Common Council to include the contiguous
stretch of CR-4 only properties that includes the following parcels: 64.-9-6, 67.-3-1, 67.-
3-31, 67.-3-30, 67.-3-29; now, therefore:
ORDINANCE 2018 –
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City
of Ithaca is hereby amended in order to change the boundaries of the PUDOD, which
was previously established by ordinance 2018-02, to include the following tax
parcels:
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64.-9-6, 67.-3-1, 67.-3-31, 67.-3-30, 67.-3-29, and the full boundaries are as shown on
the map entitled “Boundary for the Planned Unit Development Overlay District
(PUDOD)-April 2018”,” a copy of which shall be on file in the City Clerk’s office.
Section 2. Chapter 325, Section 325-12.B, entitled “Purpose and Intent”, is hereby
amended in order to change the allowable location for a potential PUD, and should read
as follows:
§325-12.
B. Purpose and intent.
(1) This legislation is intended to institute procedures and requirements for the
establishment and mapping of PUDs, which may be placed in any location approved by
the Common Council, as long as it is located within the Planned Unit Development
Overlay District (PUDOD), the boundaries of which can be seen on the attached map,
“Boundary for the Planned Unit Development Overlay District (PUDOD) –April
2018”. The PUD is a tool intended to encourage mixed-use or unique single use
projects that require more creative and imaginative design of land development than is
possible under standard zoning district regulations. A PUD allows for flexibility in
planning and design, while ensuring efficient investment in public improvements,
environmental sensitivity, and protection of community character. A PUD should be
used only when long-term community benefits will be achieved through high quality
development, including, but not limited to, reduced traffic demands, greater quality and
quantity of public and/or private open space, community recreational amenities, needed
housing types and/or mix, innovative designs, and protection and/or preservation of
natural resources.
(2) Section 325-12 is intended to relate to both residential and nonresidential
development, as well as mixed forms of development. There may be uses, now or in the
future, which are not expressly permitted by the other terms of this chapter but which
uses would not contravene the long-range Comprehensive Plan objectives if they
adhere to certain predetermined performance and design conditions. The PUD is
intended to be used to enable these developments to occur even though they may not
be specifically authorized by the City zoning district regulations.
(3) The PUD is intended to be used in any area located within the PUDOD. Should a
proposed project offer community-wide benefits, the Common Council may establish a
PUD in order to permit uses not explicitly allowed by the underlying zoning.
(4) Areas may be zoned as a PUD by the Common Council. The enactment and
establishment of such a zone shall be a legislative act. No owner of land or other person
having an interest in land shall be entitled as a matter of right to the enactment or
establishment of any such zone.
Section 3. Chapter 325, Section 325-12.C, entitled “Establishment and Location”, is
hereby amended in order to remove the sentence that states that the PUD is intended
to be used in industrial zones, and should read as follows:
C. Establishment and location.
(1) The intent of a PUD is to create self-contained, architecturally consistent, and
compatible buildings, many times with diverse but related uses. The creation of a PUD
must entail sufficient review to assure the uses within the zone will have negligible or no
significant adverse effects upon properties surrounding the zone. In reaching its
decision on whether to rezone to a PUD, the Common Council shall consider the
general criteria set forth in this chapter, the most current Comprehensive Plan for the
City, and this statement of purpose.
(2) No PUD shall be established pursuant to Subsection G (13) of this section unless it
is located within the boundaries of the PUDOD ), the boundaries of which can be seen
on the attached map, “Boundary for the Planned Unit Development Overlay District
(PUDOD) –April 2018”.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
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jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Murtagh explained that the purpose of this Ordinance is to clarify the
amendment made by Alderperson Smith at the April 4, 2018 Common Council meeting.
Alderperson Nguyen noted that it would be easier to apply the PUD to the entire City but
understands the demand that it would put on Council.
Alderperson Brock clarified that the confusion was due to the addition of the Linden
Avenue parcels, not the removal of the Cook and Catherine Street properties.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Murtagh reported that discussion about The Nines may come back to
Planning and Economic Development Committee next week as well as the Green Street
Garage development project. The CIITAP discussion will be delayed one month.
CITY ADMINISTRATION COMMITTEE:
10.1 Finance – Request to Give Controller Authority to Approve Expenditures
for Veterans Fire Relief Account - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, with the City Charter change, C-96(G), effective January 1, 2018, authority
was vested to Common Council to approve Veterans Volunteer Fire Relief Account
expenditures; and
WHEREAS, this authority for Fire Relief Account expenditure approval was previously
under the Board of Fire Commissioners; and
WHEREAS, the Ithaca Veterans Volunteer Firemen Association have requested that
this account be transferred to them for distribution; and
WHEREAS, after review of this request, the City Controller is recommending that
Common Council delegate its authority to approve expenditures from the Veterans
Volunteer Fire Relief Account to the City Controller; now, therefore be it
RESOLVED, That Common Council hereby delegates its authority to approve
expenditures from the Veterans Volunteer Fire Relief account to the City Controller;
and, be it further
RESOLVED, That the City Controller shall submit a report to Common Council annually
on any revenues and expenses from said account; and, be it further
RESOLVED, That individual expenditures approved by the City Controller to the
Volunteer Fireman Companies out of the Veterans Volunteer Fire Relief Fund cannot
exceed $200; and, be it further
RESOLVED, That the Common Council requests that City staff explore the feasibility of
transferring this fund to the Ithaca Veterans Volunteer Fireman’s Association for
administration by that association and that members of the Ithaca Veterans Volunteer
Fireman are included in the process.
Alderperson Mohlenhoff reported that process change is needed as a result of the new
Commission structure and the elimination of the Board of Fire Commissioners. She
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reviewed the prior process for releasing funds from the Veterans Volunteer Fire Relief
account and noted that additional conversations may be needed in the future.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 Approval of a Local Law Entitled “City of Ithaca Local Law Authorizing Best
Value Competitive Bidding and Procurement”
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
WHEREAS, New York General Municipal Law 103 has been amended to allow cities in
New York to award contracts for goods or services subject to competitive bidding on the
basis of “best value” in addition to lowest responsible bidder; and
WHEREAS, the “best value” standard will allow the City of Ithaca to take into account
cost maintenance, durability, quality, product life, and other factors that allow the City of
Ithaca to select an offeror whose good or service will be more cost efficient over time;
and
WHEREAS, municipalities with a population less than one million are required to
authorize the use of “best value” for awarding purchase contracts through a local law
before utilizing the “best value” standard; and
WHEREAS the City has determined that awarding public contracts on the basis of best
value is in the best interest of the City as it will enable the City to optimize quality, cost,
and efficiency; now, therefore be it
LOCAL LAW NO. 2018-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose
The intent of this law is to allow the City the option to award certain purchase contracts
(including contracts for services) subject to competitive bidding under Section 103 of the
General Municipal Law on the basis of a low bid or “best value” as defined in Se ction
163 of the New York State Finance Law.
Section 2. Code Amendments.
Article III is hereby added to Chapter 39 of the City of Ithaca Municipal Code as follows:
§ 39-5. Award based on best value.
Contracting agencies [as that term is defined in § 39-3] may award purchase contracts,
including contracts for services, on the basis of "best value," as that term is defined in
New York State Finance Law § 163. All awards based on best value shall require
Common Council approval.
§ 39-6. Applicability.
The provisions of this chapter apply to City purchase contracts, including contracts for
services, involving an expenditure of more than $20,000, but excluding purchase
contracts necessary for the completion of a public works contract pursuant to Article 8 of
the New York Labor Law and any other contract that may in the future be excluded
under state law from the best value option. If the dollar thresholds of New York General
Municipal Law § 103 are increased or decreased in the future by the State Legislature,
the dollar thresholds set forth herein shall be deemed simultaneously amended to
match the new General Municipal Law thresholds.
§ 39-7. Standards for best value.
Goods and services procured and awarded on the basis of best value are those that the
Common Council determines optimize quality, cost and efficiency, among responsive
and responsible bidder or offers. Where possible, the determination shall be based on
an objective and quantifiable analysis of clearly described and documented criteria as
they apply to the rating of bids or offers. The criteria may include, but shall not be limited
to, any or all of the following: cost of maintenance; proximity to the end user if distance
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or response time is a significant term; durability; availability of replacement parts or
maintenance contractors; longer product life; product performance criteria; and quality
of craftsmanship.
§ 39-8. Documentation.
Whenever any contract is awarded on the basis of best value instead of lowest
responsible bidder, the basis for determining best value shall be thoroughly and
accurately documented.
§ 39-9. Procurement policy superseded where inconsistent.
Any inconsistent provision of the City's procurement policy, as adopted prior to the
effective date of this chapter by resolution of the Common Council, or as amended
thereafter, shall be deemed superseded by the provisions of this chapter.
Section 3. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the
application thereof to any person, firm or corporation, or circumstance, shall be adjusted
by any court of competent jurisdiction to be invalid or unconstitutional, such order or
judgment shall not affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision, or part of this
Local Law or in its application to the person, individual, firm or corporation or
circumstance, directly involved in the controversy in which such judgment or order shall
be rendered.
Section 4. Effective and Operative Date
This local law shall become operative immediately and shall take effect upon its filing in
the office of the New York State Secretary of State.
Discussion followed on the floor with examples of how this policy would be applied.
A roll call vote on the Local Law resulted as follow:
Alderperson Brock – Aye Alderperson McGonigal – Aye
Alderperson Nguyen – Aye Alderperson Murtagh – Aye
Alderperson Gearhart – Aye Alderperson Fleming – Aye
Alderperson Smith – Absent Alderperson Kerslick – Aye
Alderperson Mohlenhoff – Aye Alderperson Lewis – Aye
Carried Unanimously (9-0)
10.3 An Ordinance to Amend the following Chapters and Sections of the City of
Ithaca Municipal Code Regarding Parking Regulations and Fines – Chapter 250
entitled “Peace and Good Order”, Chapter 260 entitled “Residential Parking
Permit System”, Chapter 346 entitled “Vehicles and Traffic”
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
Ordinance No. 2018- ___
An ordinance amending provisions of the City Code regarding parking regulations and
fines.
WHEREAS Chapter 346, and other provisions, of the Ithaca City Code establish traffic
and parking regulations enforced in the City of Ithaca; and
WHEREAS on December 2, 2009, the Common Council approved fine amounts for
violations of such regulations and of the New York State Vehicle and Traffic Law; and
WHEREAS the Common Council and City Staff have reviewed such regulations and the
fines and now wish to amend and update such regulations and fines with this ordinance
and accompanying resolution; and now, therefore
BE IT ENACTED AND ORDAINED by the Common Council of the City of Ithaca as
follows:
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Section 1. Findings of fact.
The Common Council makes the following findings of fact:
1. Portions of the City Code do not conform with current City practices and
technology regarding parking regulations and fines.
2. The City Code should be updated, as set forth herein, to reflect current City
practices and technology regarding parking regulations and fines
3. In addition to updating the City Code, the City should adopt and publish a
schedule of parking fines and make such schedule accessible to the public.
4. Therefore, it is desirous for this ordinance and accompanying resolution to enact
changes that implement the above-described findings of fact.
Section 2. Amendment of City Code.
The following sections of the City of Ithaca Municipal Code shall be amended as
follows:
§ 250-6. Parking on private property.
No person shall park or permit to be parked any automobile or other vehicle upon
private property without the consent of the owner or lessee. Any parcel of land
not conspicuously marked "municipal parking" or "public parking" shall be
deemed to be private property with regard to this section. Notwithstanding
section 10 of this Chapter, any violation of this section shall be punishable
by a fine of not less than $30 and not more than $250.
§ 260-5. Penalties for offenses.
A. No person shall park a vehicle nor allow a vehicle to be parked in an area
which has been designated a residential parking permit area by the Board of
Public Works, and at times when parking is prohibited in such residential
parking permit area pursuant to regulations established by the Board of Public
Works, unless the vehicle shall have affixed to the bottom rear corner of the
passenger window on the driver's side of the vehicle a valid residential
parking permit, or unless said vehicle is registered in accordance with § 404-a
of the Vehicle and Traffic Law and the vehicle is being used for the
transportation of a person with disabilities. A Vviolation of this section shall be
punishable by a fine of $15 not more than $100; a second such violation
within 18 months thereafter shall be punishable by a fine of not more
than $200; a third or subsequent violation within 18 months after the
first violation shall be punishable by a fine of not more than $300.
B. No resident of a residential parking permit area designated by the Board of
Public Works shall permit a nonresident to use a residential parking permit
issued to a resident, or aid a nonresident in any way in obtaining a residential
parking permit. Violation of the terms of this section shall be punishable by a
fine not to exceed $250 and/or suspension of residential parking permit
privileges for a period not to exceed 12 months.
§ 346-1. Definitions.
A. The words and phrases used in this chapter shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by Article 1 of the
Vehicle and Traffic Law of the State of New York.
B. The following words and phrases, which are not defined by Article 1 of the
Vehicle and Traffic Law of the State of New York, shall have the meanings
respectively ascribed to them in this section for the purposes of this chapter:
BUSINESS DISTRICT
The territory contiguous to and including a roadway when within any 600
feet along such roadway there are buildings in use for business or
industrial purposes, including but not limited to hotels, banks or office
buildings, railroad stations, and public buildings which occupy at least 300
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13
feet of frontage on one side or 300 feet collectively on both sides of the
roadway.
CAR-SHARE VEHICLE
A vehicle used by members of a qualified car-sharing entity, which vehicle
has been so identified to the City and which bears an affixed symbol
issued by the City, indicating the same.
CENTRAL BUSINESS DISTRICT
All streets and portions of streets within the area bounded by both sides of
the following streets:
1) State Street from Plain Street to a point 600 feet west of Cayuga
Street.
2) Seneca Street from Aurora Street to Cayuga Street.
3) Green Street from Tioga Street to a point 200 feet west of
Cayuga Street.
4) Aurora Street from Buffalo Street to Six Mile Creek.
5) Tioga Street from Buffalo Street to Six Mile Creek.
6) Cayuga Street from Seneca Street to a point 220 feet south of
Clinton Street.
COMMERCIAL VEHICLE
(Reserved)
CURBLINE
The prolongation of the lateral line of a curb or, in the absence of a curb,
the lateral boundary line of the roadway.
GROSS WEIGHT
The weight of a vehicle without load plus the weight of any load thereon.
HOLIDAYS
New Year's Day, Lincoln's Birthday, Washington's Birthday, President’s
Day, Memorial Day, Independence Day, Labor Day, Columbus
Indigenous Peoples Day, Veterans Day, Thanksgiving Day and
Christmas Day.
ITHACA COMMONS
Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean
both Primary and Secondary Commons as described below:
1) PRIMARY COMMONS
All streets and portions of streets within the area described as
follows: all that area bounded by the property between the south
building lines on the north side and the north building lines on
the south side of the former bed and associated sidewalks of
East State Street between the east line of Cayuga Street and
the west line of Aurora Street and that area of public property
between the west building lines on the east side and the east
building lines on the west side of the former bed and associated
sidewalks of North Tioga Street between the north line of State
Street and the south line of Seneca Street.
2) SECONDARY COMMONS
All streets and portions of streets within the area described as
follows: all that area bounded by the property between the south
building lines on the north and north building lines on the south
side of the 100 and 200 blocks of East Green Street, the 300
block of East State Street, the 100 block of West State Street
and the 100 block and 200 blocks of North Aurora Street, the
100 block of South Aurora Street, the 200 block of North Tioga
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Street, the 100 block of South Cayuga Street and the 100 block
of North Cayuga Street.
LOADING
The act of loading or unloading passengers, items, or merchandise
into or from a vehicle in a manner such that the operator of the
vehicle is in the vicinity of the vehicle and able to immediately move
the vehicle upon the direction of a law or code enforcement officer.
OFFICIAL TIME STANDARD
Whenever certain hours are named herein or on traffic control devices,
they shall mean the time standard which is in current use in this state.
PARKING METER
Any mechanical device or meter not inconsistent with this article placed or
erected for the regulation of parking by authority of this article. Each
parking meter installed shall indicate by proper legend the legal parking
time established and, when operated, shall at all times indicate the
balance of legal parking time and, at the expiration of such period, shall
indicate illegal or overtime parking.
PARKING METER SPACE
Any space within a parking meter zone, which is adjacent to a parking
meter and which is duly designated for the parking of a single vehicle by
lines painted or otherwise durably marked on the curb or on the surface of
the street or lot adjacent to or adjoining the parking meters.
PARKING METER ZONE
A designated on-street parking area or off-street parking lot location within
which the parking of vehicles is regulated by parking meters.
PARKING PAY STATION
A machine that accepts payment and validates pay-parking access
tickets without cashier assistance. These machines accept credit
cards, bills, or coins.
QUALIFIED CAR-SHARING ENTITY
A corporation, cooperative or association, open to application (for
membership and shared vehicle use) from the general public, and formed
and maintained for the purpose of sharing the use of motor vehicles,
which has submitted a proper application for qualification to the City
TrafficTransportation Engineer (including proof of sufficient insurance
coverage specifically for such shared use, with the City named as a co-
insured, and an agreement to indemnify and hold the City harmless), and
which has been so qualified by the City TrafficTransportation Engineer.
SCHOOL
Any public, private, or nonprofit educational institution providing preschool,
elementary, or secondary educational instruction. For purposes of this
chapter, the term "school" includes a facility designed to provide day care,
nursery school or preschool in an institutional setting.
TRUCK
A commercial motor vehicle with a weight in excess of 10,000 pounds,
which motor vehicle is designed, used, or maintained primarily for the
transportation of property. For purposes of this chapter the applicable
weight shall be either the registered weight, the gross weight, or the
vehicle specification plate weight, whichever is higher.
C. The following words and phrases, notwithstanding definitions contained
in Article 1 of the Vehicle and Traffic Law of the State of New York, shall
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15
have the meanings respectively ascribed to them in this section for the
purposes of this Chapter:
TRUCK
A commercial motor vehicle with a weight in excess of 10,000
pounds, which motor vehicle is designed, used, or maintained
primarily for the transportation of property. For purposes of this
chapter the applicable weight shall be either the registered weight,
the gross weight, or the vehicle specification plate weight, whichever
is higher.
§ 346-2. Authority to install traffic control devices.
The City TrafficTransportation Engineer, in cooperation with the Department of
Public Works, shall install and maintain traffic control devices when and as
required under the provisions of this chapter, to make effective the provisions of
this chapter, and may install and maintain such additional traffic control devices
as he/she may deem necessary to regulate, warn or guide traffic under the
Vehicle and Traffic Law of the State of New York, subject to the provisions of §§
1682 and 1684 of that law.
§ 346-3. Delegation of authority to regulate traffic.
A. Emergency and experimental regulations. The Chief of Police, by and with the
approval of the City TrafficTransportation Engineer, is hereby empowered to
make regulations to make effective the provisions of this chapter and to make
and enforce temporary or experimental regulations to cover emergency or
special conditions. No such temporary or experimental regulations shall
remain in effect for more than 90 days without formal enactment by the
Common Council.
B. Stop and yield signs. The City TrafficTransportation Engineer shall be
authorized to determine and designate intersections where a particular
hazard exists upon other than through streets, and to determine whether
vehicles shall stop or yield at one or more entrances to any such intersection,
and shall erect a stop or yield sign at every such place where a stop or yield
is respectively required.
C. Traffic and turning lanes. The City TrafficTransportation Engineer is
authorized to place markers, buttons or signs within or approaching
intersections indicating the course or lanes to be traveled by vehicles turning
at such intersections, and such course or lane to be traveled as so indicated
shall conform to this chapter or as the City TrafficTransportation Engineer
shall prescribe.
D. Restricted turning. The City TrafficTransportation Engineer is hereby
authorized to determine those intersections at which drivers of vehicles shall
not make a right, left or U-turn, and shall place proper signs at such
intersections. The making of such turns may be prohibited between certain
hours of any day and permitted at other hours, in which event the same shall
be plainly indicated on the signs or the signs may be removed when such
turns are permitted.
E. Crosswalks, safety zones and traffic lanes. The City TrafficTransportation
Engineer is hereby authorized:
1) To designate and maintain, by appropriate devices, marks or lines
upon the surface of the roadway, crosswalks at intersections where, in
his/her opinion, there is particular danger to pedestrians crossing the
roadway and at such other places as he/she may deem necessary.
2) To establish safety zones of such kind and character and at such
places as may be deemed necessary for the protection of pedestrians.
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3) To mark lanes for traffic on street pavements at such places as may be
deemed advisable, consistent with the traffic regulations of the city.
F. Play streets. The City TrafficTransportation Engineer shall have authority to
declare any street or part thereof a play street and to place appropriate signs
or devices in the roadway indicating and helping to protect the same.
G. Parking adjacent to schools. The City TrafficTransportation Engineer is
hereby authorized to erect signs indicating no parking upon that side of any
street adjacent to any school property when such parking would, in his/her
opinion, interfere with traffic or create a hazardous situation.
H. Parking on narrow streets. The City TrafficTransportation Engineer is hereby
authorized to erect "No Parking" signs:
1) On both sides of any two-way street where the width of the roadway does
not exceed 26 feet.
2) On one side of any two-way street where the width of the roadway does
not exceed 32 feet.
3) On both sides of any one-way street where the width of the roadway does
not exceed 20 feet.
4) On one side of any one-way street where the width of the roadway does
not exceed 26 feet.
I. Parking or standing on one-way streets. The City TrafficTransportation
Engineer is authorized to prohibit parking or standing upon the left-hand side
of any one-way street.
J. Divided highways. In the event that a highway includes two or more separate
roadways and traffic is restricted to one direction upon any such roadway, the
City TrafficTransportation Engineer may prohibit parking or standing upon
the left-hand side of such one-way roadway.
K. Stopping, standing or parking in hazardous places. The City
TrafficTransportation Engineer is hereby authorized to determine and
designate places open to vehicular traffic not exceeding 100 feet in length in
which the stopping, standing or parking of vehicles would create an especially
hazardous condition or would cause unusual delay to traffic.
L. Passenger and freight loading zones. The City TrafficTransportation
Engineer is hereby authorized to determine the location of passenger and
freight curb loading zones and the hours during which such zone shall be
operable.
M. Bus stops, taxicab stands and car-sharing locations.
N. The City TrafficTransportation Engineer is hereby authorized to establish
bus stops, taxicab stands, parking locations exclusively for use by car-share
vehicles, and stands for other passenger common-carrier motor vehicles on
such public streets, in such places and in such number as he/she shall
determine to be of the greatest benefit and convenience to the public. The
Board of Public Works shall be the body for appeals of the City
TrafficTransportation Engineer’s decisions regarding such locations or the
qualifications of any applicants therefor.
O. Before the City TrafficTransportation Engineer may authorize or renew a
parking location for use by car-share vehicles, the car-sharing entity that
seeks such authorization must submit a proper written request for the same
(including proof of insurance coverage for the car-sharing arrangement,
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naming the City as a co-insured, and indemnification of the City), and must
show that the entity qualifies under the definition of a “car-sharing entity”
which is contained herein.
N. Application of pavement markings. The City TrafficTransportation Engineer
is hereby authorized to apply or cause to be applied pavement markings in
accordance with the standards and specifications established by the
Department of Transportation on such highways or portions of highway as
shall be determined to be necessary or appropriate.
O. Traffic control signals. The City TrafficTransportation Engineer is hereby
authorized to regulate traffic by means of traffic control signals.
§ 346-6. Speed limits.
A. The maximum speed at which vehicles may proceed on or along any streets
or highways within the City is hereby established at 30 miles per hour, except
that the speed limit for vehicles proceeding on or along those streets or parts
of streets described in Schedule II of the traffic regulations of the Board of
Public Works shall be as indicated in said schedule. This provision shall not
apply to ambulances, fire vehicles or police vehicles when on emergency
trips.
B. Fifteen miles per hour is hereby established as the maximum speed at which
vehicles may proceed on or along any streets or highways at or within the
following parks:
1) Stewart Park.
2) Cass Park (except temporaryRoute 89 - Park Road).
3) Newman Golf Course, including Pier Road from Willow Avenue to its
terminus.
§ 346-9. U-turns.
No person shall make a U-turn on any of the streets or parts of streets described
in Schedule V of the traffic regulations of the Board of Public Works or as
designated by the Transportation Engineer.
§ 346-10. Prohibited turns at intersections.
No person shall make a turn of the kind designated (left, right, all) at any of the
locations described in Schedule VI of the traffic regulations of the Board of Public
Works or as designated by the Transportation Engineer.
§ 346-11. Prohibited right turns on red signal.
No person shall make a right turn when facing a steady red signal (stop
indication) at any of the locations described in Schedule VII of the traffic
regulations of the Board of Public Works or as designated by the
Transportation Engineer.
§ 346-12. Stop and yield intersections.
A. The intersections described in Schedule VIII of the traffic regulations of the
Board of Public Works or as designated by the Transportation Engineer
are hereby designated as stop intersections. Stop signs shall be installed as
provided therein.
B. The intersections described in Schedule IX of the traffic regulations of
the Board of Public Works or as designated by the Transportation
Engineer are hereby designated as yield intersections. Yield signs shall
be installed as provided therein.
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§ 346-13. Yield intersectionsDuty to exercise due care.
The intersections described in Schedule IX of the traffic regulations of the Board
of Public Works are hereby designated as yield intersections. Yield signs shall be
installed as provided therein. A driver shall exercise due care in operating a
motor vehicle when driving on public roadways, public parking lots, or
private parking lots accessible to the public. Notwithstanding Section 49 of
this Chapter, the penalty for violation of this Section is a fine not to exceed
$250.
§ 346-18. Application of article.
A. The provisions of this article shall apply except when it is necessary to stop a
vehicle to avoid conflict with other traffic or in compliance with the directions
of a police officer or official traffic control device.
B. No person shall park, stand, or stop a vehicle in any municipal roadway,
driveway, parking lot, or parking garage in violation of any posted, or
otherwise applicable, prohibition, restriction, or limitation.
§ 346-19. Parking prohibited at all times.
No person shall park a vehicle at any time upon any of the streets or parts
thereof described in Schedule XII of the traffic regulations of the Board of Public
Works or as designated by the Transportation Engineer.
§ 346-20. No stopping.
No person shall stop a vehicle upon any of the streets or parts of streets
described in Schedule XIII of the traffic regulations of the Board of Public Works
or as designated by the Transportation Engineer.
§ 346-21. No standing.
No person shall stand a vehicle upon any of the streets or parts of streets
described in Schedule XIV of the traffic regulations of the Board of Public Works
or as designated by the Transportation Engineer.
§ 346-29. Loading zones.
The locations described in Schedule XXII of the traffic regulations of the Board of
Public Works are hereby designated as loading zones or as designated by the
Transportation Engineer.
§ 346-30. Taxi stands.
The locations described in Schedule XXIII of the traffic regulations of the Board
of Public Works or as designated by the Transportation Engineer are hereby
designated as taxi stands.
§ 346-32. Handicapped parkingReserved Parking for People with Disabilities.
The locations described in Schedule XXV of the traffic regulations of the Board of
Public Works are hereby designated as handicappedreserved parking zonesfor
people with disabilities, and no persons shall park therein without
appropriatehandicapped parking permits displayed on the vehicle, including
parking permits issued pursuant to 1203-a et seq of the New York State Vehicle
and Traffic Law.
§ 346-34. Private driveways.
A. The City shall, for the purpose of improving access to private driveways
where such improved access shall be primarily for the benefit of the applicant,
furnish, install and maintain for a period of five years at the expense of the
applicant a "No Parking" sign or signs in proximity to private driveways that
enter upon City streets.
B. Any property owner may make application to the City TrafficTransportation
Engineer for such a sign to be installed adjacent to his/her driveway. The City
TrafficTransportation Engineer shall approve such application if he/she
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determines that such sign will improve access to the driveway of the applicant
and will not be deleterious to the general public.
C. Upon such approval, the City TrafficTransportation Engineer shall determine
the location and method of placement of such sign.
D. A fee of $50 per driveway shall be paid to the City Clerk in order to defray the
expense of the initial installation and to provide for maintenance of the sign in
proper condition for five years.
E. After expiration of five years from the date of the initial installation or the date
of renewal the sign may be removed by the City.
F. Any adjacent owner desiring the continued service of such sign adjacent to
his driveway for an additional five years shall:
1) Apply to the City TrafficTransportation Engineer for approval of the
continued service of such sign.
2) Present the application for continued sign service approved by the City
TrafficTransportation to the City Clerk together with a fee of $25 per
driveway.
G. If at any time prior to the expiration of either the initial or renewal five-year
period the applicant requests the City to remove such sign, or if the driveway
for any reason ceases to function as a driveway, the sign shall be removed by
the City and there shall be no rebate or apportionment of the fee.
§ 346-35. Ithaca Commons loading zones.
Use of the loading zones at the entrances to the Commons is strictly reserved for
vehicles making deliveries or loading and unloading passengers, and no other
use of the loading zones shall be made without the express written permission of
the Chief of the Police DepartmentSuperintendent of Public Works or her/his
designee.
§ 346-37. Designation of parking spaces.
The Board of Public Works shall be responsible for the installation of parking
meters or pay stations in the City and is hereby directed and authorized to
provide for the marking offdesignation of individualsuch parking spacespaces
in the parking meter zones designated and described in Schedule XXVII of the
traffic regulations of the Board of Public Works, said parking spaces to be
designated by lines painted or marked on the curbing or surface of the street or
lot. At each space so marked off, it shall be unlawful to park any vehicle in such a
way that said vehicle shall not be entirely within the limits of the space so
designated.
§ 346-38. Alternate meter parking.
Parking is hereby prohibited at each alternate metered parking space from 4:00
p.m. and 6:00 p.m. as designated and marked by the City TrafficTransportation
Engineer in the parking meter zones designated and described in Schedule
XXVIII of the traffic regulations of the Board of Public Works.
§ 346-39. Overnight parking in metered zones prohibited.
No person shall park a vehicle in any metered zonemeter or pay stationed
zone for a period of time longer than 15 minutes between 2:00 a.m. and 5:00
a.m. except for streets or parts thereof described in Schedule XXIX of the traffic
regulations of the Board of Public Works.
§ 346-40. Installation of parking meters and pay stations.
In said parking meter or pay station zones, the Department of Public Works
shall cause parking meters or pay stations to be installed upon the curb,
sidewalk or area immediately adjacent to the parking spaces provided in this
article. No parking meters shall be installed in areas where parking is prohibited.
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The Ithaca Police Department of Public Works shall be responsible for the
regulation, control, operation, maintenance and use of such parking meters .
Each device shall be so set as to display a signal showing legal parking upon the
deposit of the appropriate coin, lawful money of the United States of America, for
the period of time prescribed in this article. Each device shall be so arranged that
upon the expiration of the lawful time limit, it will indicate by a proper, visible
signal that the lawful parking period has expired, and in such case the right of
such vehicle to occupy such space shall cease, and the operator, owner,
possessor or manager thereof shall be subject to the penalties hereinafter
provided and pay stations.
§ 346-41. Operation of parking meters and pay stations.
A. Except in a period of emergency determined by an officer of the Fire or Police
Department, or in compliance with the directions of a police officer or traffic
control sign or signal, when any vehicle shall be parked in any parking space
alongside or next to which a parking meter is located, the operator of such
vehicle shall, upon entering the said parking meter space, immediately
deposit or cause to be deposited in said meter such proper coin of the United
States of America as is required for such parking meter and as is designated
by proper directions on the meter, and when required by the directions on the
meter, the operator of such vehicle, after the deposit of the proper coin, sha ll
also set in operation the timing mechanism on such meter in accordance with
directions properly appearing thereon, and failure to deposit such proper coin
and to set the timing mechanism in operation when so required shall
constitute a violation of this article. Upon the deposit of such coin (and the
setting of the timing mechanism in operation when so required), the parking
space may be lawfully occupied by such vehicle during the period of time
which has been prescribed for the part of the street in which said parking
space is located, provided that any person placing a vehicle in a parking
meter space adjacent to a meter which indicates that unused time has been
left in the meter by the previous occupant of the space shall not be required to
deposit a coin so long as his occupancy of said space does not exceed the
indicated unused parking time. If said vehicle shall remain parked in any such
parking space beyond the parking time limit set for such parking space, and if
the meter shall indicate such illegal parking, then and in that event such
vehicle shall be considered as parking overtime and beyond the period of
legal parking time, and such parking shall be deemed a violation of this
article.
B. Except in a period of emergency determined by an officer of the Fire or
Police Department, or in compliance with the directions of a police
officer or traffic control sign or signal, when any vehicle shall be parked
in any parking space regulated by a pay station, the operator of such
vehicle shall, upon entering the said parking space, immediately deposit
or cause to be deposited in a pay station such proper coin or bill of the
United States of America or make a credit card payment, with such
credit card payment made directly to the parking pay station or by other
electronic means, including by smartphone app, designated at or in the
vicinity of the pay station, as is required for such parking pay station
and as is designated by proper directions on the pay station. Failure to
make proper payment in accordance with the instructions on the pay
station shall constitute a violation of this article. If said vehicle shall
remain parked in any such parking space beyond the parking time limit
set for such vehicle parking space, and if the pay station information
system shall indicate such illegal parking, such vehicle shall be
considered as parking overtime and beyond the period of legal parking
time and such parking shall be a violation of this article.
§ 346-42. Manner of parking.
When a parking meter space is parallel with the adjacent curb or sidewalk, no
person shall park or permit the parking of any vehicle in such parking space in
any other position than with the foremost part of such vehicle nearest to the
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parking meter; when a parking meter space is diagonal to the curb or sidewalk,
no person shall park or permit the parking of any vehicle in such parking space in
any other position than with the foremost part of such vehicle nearest to the
parking meter; when a parking meter shall have been installed at the head of and
immediately adjacent to any parking space on a municipal off-street parking lot,
no person shall park or permit the parking of any vehicle in such parking space in
any other position than with the foremost part of such vehicle nearest to the
parking meter; provided, however, that in municipal off-street parking lots, signs
shall be erected indicating that head-on parking only is permitted. In any event, a
vehicle shall be parked within the lines marked on the pavement measuring such
parking space, when so provided. In pay station zones, no person shall park
or permit the parking of any vehicle in such pay station zone beyond the
limits of the pay station zone.
§ 346-43. Parking meter and pay station fees.
A fee of $0.25 per half hour, or $0.10 for each twelve-minute period, and $0.05
for six minutes is hereby established for parking in all parking zones except for
the following locations which shall be subject to a parking fee of $0.25 per hour:
The 200, 300, 400 and 500 blocks of Thurston Avenue; the 100 block of
Edgemoor Place; and the 500 and 600 blocks of Stewart Avenue, which
locations shall have a nine-hour limit.
The 400 block of North Cayuga Street; the 100 block of West Court Street; the
300 block of East Buffalo Street; the 600 block of West
State Street; the 300 and 400 blocks of Stewart Avenue; and the 100 block of
Osmun Place.On-street parking fees shall be determined annually by the
Board of Public Works. Such fees shall be documented on parking meters
and pay stations.
§ 346-44. Violations.
It shall be unlawful and a violation of the provisions of this article for any person
to:
A. Cause, allow, permit or suffer any vehicle registered in the name of or
operated by such person to be parked overtime or beyond the period of legal
parking time established for any parking meter or pay station zone as herein
described, or to deposit in any parking meter any coin for the purpose of
parking beyond the maximum legal parking time for the particular parking
meter zone.
B. Permit any vehicle to remain or be placed in any parking space adjacent to
any parking meter while said meter is displaying a signal indicating that the
vehicle occupying such parking space has already been parked beyond the
period prescribed for such parking space.
C. Park any vehicle across any line or marking of a parking meter space or in
such position that the vehicle shall not be entirely within the area designated
by such lines or markings.
D. Deface, injure, tamper with, open or willfully break, destroy or impair the
usefulness of any parking meter or pay station installed under the provisions
of this article.
E. Deposit or cause to be deposited in any parking meter or pay station any
slug, device or metal substance or other substitute for lawful coins.
F. Park or permit the parking of any vehicle in any parking meter space where
the meter does not register lawful parking.
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§ 346-45. Reports of violations; citations.
A. It shall be the duty of the police officersactingCommunity Service Officers,
Police Officers or others authorized by the Superintendent of Public
Works, acting in accordance with instructions issued by the ChiefDirector of
PoliceParking, to report:
1) The number of each parking meter or proximate pay station which
indicates that the vehicle occupying the parking space adjacent to such
parking meter, or within such pay station zone, is or has been
parked in violation of any of the provisions of this article.
2) The state license number of such vehicle.
3) That such vehicle is parked in violation of any of the provisions of this
article.
4) Any other facts, a knowledge of which is necessary to a thorough
understanding of the circumstances attending such violation.
B. Each such Community Service Officer, police officer or other person
authorized by the Superintendent of Public Works shall also attach to
such vehicle a notice to the owner thereof that such vehicle has been parked
in violation of a provision of this article, and instructing such owner to report to
the court with regard to such violation.
§ 346-46. Purpose of meter deposits.
The coinspayments required to be deposited in parking meters or pay stations
as provided herein are hereby levied and assessed as fees to provide for the
proper regulation and control of traffic upon the public streets and also the cost of
supervising and regulating the parking of vehicles in the parking meter and pay
station zones created thereby, and to cover the cost of the purchase,
supervision, protection, inspection, installation, operation, maintenance, control
and use of the parking meters or pay stations described herein.
§ 346-47. Collection of coins from meters; disposition thereof.
It shall be the duty of the Police Department of Public Works to designate some
proper person or persons to make regular collections of the moneys deposited in
said meters or pay stations, and it shall be the duty of such person or persons
so designated to remove from the parking meters or pay stations the locked
containers therein containing the coins, bills, or receipts so deposited in said
meters and pay stations and to deliver such locked containers to the City
Chamberlain or other destination determined by the City Controller, who
shall be responsible for and shall keep a record of the collection of fees from
parking meters or pay stations and shall credit such fees to the Parking Meter
Fund.
§ 346-49. Penalties for offenses.
Every person convicted of a traffic infraction for a violation of any provision of this
chapter which is not a violation of any provision of the Vehicle and Traffic Law of
the State of New York shall, for a first conviction thereof, be punished by a fine of
not more than $100 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment; for a second such conviction within 18 months
thereafter, such person shall be punished by a fine of not more than $200 or by
imprisonment for not more than 4515 days, or by both such fine and
imprisonment; upon a third or subsequent conviction within 18 months after the
first conviction, such person shall be punished by a fine of not more than $300 or
by imprisonment for not more than 9015 days, or by both such fine and
imprisonment.
§ 346-50. Civil penalty for parking violations.
A. Notwithstanding the provisions of § 346-49 above and in full acquittance of
any violation for parking for a longer period of time than is permitted, a civil
May 2, 2018
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penalty in the sum of $5not less than $15 and not more than $50 may be
paid if such sum is paid within 20 days of such violation.
B. Civil penalty for delinquent violations. In addition to the penalties provided in
Subsection A above, additional civil penalties shall be payable upon any
violation for parking for a longer period of time than is permitted in
accordance with the following schedule:
1) Penalty to be added after 20 days: $15not more than $75.
2) Upon submission of uncollectible fines to a collection agency or other
entity for enforcement, an amount not to exceed 35% of the total
delinquent fine and penalties will be added to cover collection fees.
Section 3. Severability clause.
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 notices as provided in the Ithaca City Charter.
Discussion followed on the floor regarding a friendly amendment to add the words
“including parking permits issued pursuant to 1203-a et seq of the New York State
Vehicle and Traffic Law” to the end of Section 326-32. City Attorney Lavine noted that
this amendment bridges a gap between language used at the local level and the
terminology that New York State still uses for parking permits in the New York State
Vehicle and Traffic Law.
Another friendly amendment was made to note that Section 346-3 (M), (N), and (O)
should be combined and the subsequent subsections should be re-lettered.
Alderperson Brock expressed her appreciation for the reduction in the incarceration time
period for the inability to pay for parking/traffic tickets.
Further discussion followed regarding the implementation of the Swift 911 Mass
Notification System and how it impacted the number of odd/even parking tickets issued
during the winter months.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 Adoption of Updated Schedule of Parking Fines – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS on December 2, 2009, the Common Council approved fine amounts for
violations of parking regulations contained in the City Code and in the New York State
Vehicle and Traffic Law; and
WHEREAS the Common Council and City Staff have reviewed such fines and wish to
amend and update them with this resolution and accompanying ordinance; now,
therefore be it
RESOLVED That the City of Ithaca Common Council hereby adopts the fine amounts
set forth in the attached “City of Ithaca, Schedule of Parking Fines” annexed hereto,
which are permissible under the applicable provisions of the City Code and New York
State Vehicle and Traffic Law; and, be it further
May 2, 2018
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RESOLVED That such Schedule of Parking Fines shall be distributed to all necessary
City departments for incorporation into City policies, procedures, and documents and
shall be made available to the public on the City’s website.
Carried Unanimously
CITY OF ITHACA, SCHEDULE OF PARKING FINES
ADOPTED MAY 2, 2018
VIOLATION FINE
1. OVERTIME METER………………………….CITY CODE § 346-41 $15.00
2. OVERTIME ZONE…………………….CITY CODE §§ 346-25 – 27 $15.00
3. PARKING RAMP OVERNIGHT W/O PERMIT................................
......................................................................CITY CODE § 346-39 $25.00
4. CURB (12’’)………………………………………NYS VTL § 1203(a) $25.00
5. SCHOOL ZONE…………………………….CITY CODE § 356-3(E) $30.00
6. PROHIBITED AREA…………......……CITY CODE §§ 346-19 – 29 $30/45/60*
7. BETWEEN CURB AND WALK……………...CITY CODE § 346-28 $25.00
8. BUS STOP/TAXI STAND………………………….NYS VTL § 1200 $30.00
9. FIRE HYD./FIRE ZN……………………………NYS VTL § 1202(b) $50.00
10. CROSSWALK (20’)………………………NYS VTL § 1202(a)(2)(b) $30.00
11. SIDEWALK………………………………..NYS VTL § 1202(a)(1)(b) $25.00
12. OVERTIME NIGHT, ODD/EVEN……………CITY CODE § 346-26 $15/30/45*
13. OTHER......................................................................................N/A $30.00
14. DRIVEWAY………………………………..NYS VTL § 1202(a)(2)(a) $35.00
15. PRIVATE PROPERTY………………………...CITY CODE § 250-6 $30.00
16. WRONG DIRECT ION…………………………..NYS VTL § 1203(c) $15.00
17. TRUCK ZONE………………………………CITY CODE § 346-3(L) $30/45/60*
18. DOUBLE PARKING………………………NYS VTL § 1202(a)(1)(a) $30.00
19. UNINSPECTED…………………………………..NYS VTL § 306(b) $25.00
20. ABANDONED………………………………………NYS VTL § 1224 $25.00
21. HANDICAP……………………………………….NYS VTL § 1203-b $100/150/200*
22. YARD PARKING……………………CITY CODE § 325-20(D)(2)(a) $20/30/50*
23. ACCESS……………………………NYS UNIFORM CODE § 503.5 $50.00
24. OBSTRUCT ION OF LANE/ALLEY……………..NYS VTL § 202(A) $50.00
25. RESIDENTIAL PERMIT ZONE……………….CITY CODE § 260-5 $15/30/45*
* Escalating fine amounts for the first, second, and third violation(s) within an 18-month
period.
Alderperson Mohlenhoff reported that the May 23, 2018 meeting that had been reserved
for a Committee of the Whole meeting to preview the Department of Public Works
budget will be collapsed into the June COW meeting, which will also include parking
information. There will be Committee of the Whole meeting on May 30, 2018 which will
consist of a presentation of the Chain Works District project.
Alderperson Mohlenhoff reported that every new commission has had their first meeting
and she is excited about the enthusiasm and dedication shown by the commissioners.
They will spend the month of May developing their work plans for 2018.
Discussion followed on the floor regarding how reporting from the Commissions to
Council should be handled.
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25
Alderperson Lewis thanked Alderperson Mohlenhoff for all her work with the
commissions including the orientation sessions which were very helpful.
10.5 City Controller’s Report
City Controller Thayer reported on the following:
2018 Activity:
Sales tax is running 2.2 % ahead of 2017 – Tompkins County’s sales tax figures
are even higher
Overtime - $400,000 has been spent of the $963,000 budgeted
Building Permits - $262,000 has been collected of the $705,000 budgeted
A Parking Director has been hired and will start next week. Parking revenues:
$932,000 has been collected of the $2.8 million budgeted. There have been $2.3
million in expenses to date
The CPI for March is 2.4% and 2.2% for the year
The 1st payment of the Mortgage tax has been received but it was much lower
than last year ($400,000).
Fines – $273,000 has been collected of the $926,000 budgeted – this includes
odd/even parking tickets
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.1 Alderperson McGonigal - Approval of Titus Triangle Park Shared Boat Rack
Proposal - Resolution
This item was withdrawn from the agenda.
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson McGonigal reported that there was a discussion at the Tompkins County
Legislature about the East State Street construction and a suggestion was made that
the City advertise alternate routes. Discussion followed on the City’s public information
efforts.
Alderperson Brock reported on the following:
The Hector Street Complete Street Open House will be held on Monday, May 7,
2018. Discussion followed on the notifications that have been sent out to inform
the public.
The Workforce Diversity Advisory Committee made a presentation to the County
Workforce Diversity and Inclusion Committee on the CIITAP toolkit to see if it
could be utilized as a tool for building in the County.
The Special Joint Committee has been discussing Lansing’s and Dryden’s long
term plans to increase development and the impact that will have on the Ithaca
Area Wastewater Treatment Plant. A larger portion of the demands of the plant
will be coming through the Town of Ithaca.
An announcement from the Department of Environmental Conservation with a
fact sheet and plan for the clean-up of the Chain Works District property has
been released. It would be helpful if Common Council reviewed it prior to the
Committee of the Whole meeting on May 30, 2018.
Alderperson Nguyen reported that TCAT is starting to develop a strategic plan and will
be hosting an Open House tomorrow at GIAC from 4-7 pm tomorrow so members of the
public can talk about their needs.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the March 7, 2018 Common Council Meeting Minutes –
Resolution
By Alderperson McGonigal: Seconded by Alderperson Brock
RESOLVED, That the minutes of the March 7, 2018 Common Council meeting be
approved as published.
Carried Unanimously
May 2, 2018
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REPORT OF CITY ATTORNEY:
17.1 Proposed Executive Session to Discuss Collective Negotiations Pursuant
to Article Fourteen of the Civil Service Law – Resolution
By Alderperson Fleming: Seconded by Kerslick
RESOLVED, That Common Council adjourn into Executive Session to Discuss
Collective Negotiations Pursuant to Article Fourteen of the Civil Service Law.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 9:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor