Loading...
HomeMy WebLinkAboutMN-CA-2019-03-20CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 20, 2019 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: City Clerk – Holcomb Senior Network Administrator – Karasin Deputy Director of Economic Development – Knipe Director of Planning – Cornish Youth Bureau Director – Klohmann Fire Chief – Parsons Manager of Organizational Development – Moskowitz Chief of Staff – Cogan HR Director – Michell-Nunn Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the February 20, 2019 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Martin Johnson, owner of Uncle Marty’s Shipping Office in Collegetown and oversees the Collegetown Small Business Alliance, spoke in support of the 2019 Collegetown Beautification resolution. Mr. Johnson expressed his excitement about the cleanup of Collegetown, where there will be replacements of benches, rusty bike racks and trash cans as well as the repairing of sidewalks and trees. Mr. Johnson thanked Tom Knipe for the work he has done in making this happen and offered his assistance with the cleanup. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items 2.1 Youth Bureau – Approval of Agreement for Printing Services with BOCES Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. City Administration Committee Meeting March 20, 2019 Page 2 WHEREAS, the Youth Bureau typically contracts for card and brochure printing service, and currently students of Tompkins-Seneca-Tioga Board of Cooperative Education Services (hereafter “BOCES”) help sort and pack the brochures; and WHEREAS, BOCES has a print shop, from which it can offer printing services for a reasonable cost to the City; and WHEREAS, BOCES may offer such printing services upon the City’s entry into a memorandum of agreement under General Municipal Law 119-0, which requires each participating municipal corporation and district to approve by majority vote of its governing body; now, therefore, be it RESOLVED, The Common Council approves of entering into this agreement with BOCES for printing services, and hereby authorizes the Mayor, upon consultation with the City Attorney, to execute such agreement. A vote on the resolution resulted as follows: Passed unanimously. 2.2 DPW - Request to Establish Capital Project for South Aurora Street Sidewalk Replacement Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS the City of Ithaca Common Council passed a resolution on November 7, 2018 allocating up to $386,583 of NYS administered Community Development Block Grants (CDBG) for the South Aurora St. Sidewalk Extension; and WHEREAS the Board of Public Works completed the Environmental Review for this project on May 15, 2018 which resulted in findings that the project will result in no significant impact on the environment and issuance of no negative declaration; and WHEREAS the Board of Public Works discussed and approved the South Aurora Street Project at the December 18, 2018 meeting; and WHEREAS the total project cost of $386,583 will be funded by the Ithaca Urban Renewal Agency (IURA) through the CDBG program; and WHEREAS, the project shall include 1200 linear feet of sidewalk construction along South Aurora Street from the City line to Hillview Place; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #865 South Aurora Street Sidewalk Extension in the amount not to exceed of $386,583; and be it further RESOLVED, That funds needed for said Capital Project shall be derived from IURA funds from the CDBG Program. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting March 20, 2019 Page 3 2.3 DPW – Request to Establish Capital Project for Sidewalk on Elmwood and Valley Road Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the 2019 Sidewalk Improvement District Assessments (SID), Budget, and Schedule of Work was approved by Common Council on 7 November 2018; and WHEREAS, part of that approved schedule of work included new sidewalk along Elmwood Road & Valley Road bordering Belle Sherman School; and WHEREAS, the estimated construction budget with financing costs is $195,000 with funding from the issuance of Serial Bonds and budgeted in SID #2; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #866 Sidewalks along Elmwood and Valley Road in the amount not to exceed $195,000; and be it further RESOLVED, That funds for said project shall be derived from the issuance of Serial Bonds and funded out of SID #2; and be it further RESOLVED, That the Superintendent of Public Works be hereby authorized to execute these contracts subject to approval by the City Attorney’s Office. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 PIT - Proposal to Replace the City’s Storage Area Network (SAN) Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, the Department of Public Information and Technology City’s Storage Area Network (SAN) has reached its end of life, is no longer under warranty, and is experiencing intermittent failures, increasing the likelihood of a critical system failure; and WHEREAS, the SAN runs all vital network resources including e-mail, voicemail, financial/MUNIS servers, anti-virus protections, departmental software applications, help desk functions, network printing, and network file shares; and WHEREAS, a critical system failure of the SAN would result in a massive interruption of city services and the possible loss of a significant amount of mission-critical data; and WHEREAS, PIT staff have taken, and continue to take, preventative precautions to mitigate the impacts of a critical system failure, but there are no guarantees that these measures will prove to be effective; and City Administration Committee Meeting March 20, 2019 Page 4 WHEREAS, the Department of Public Information and Technology is only able to redirect $15,000 towards the $115,000 SAN replacement costs; and WHEREAS, while Capital Project #810 Citywide Computer and Software upgrades was established in 2015 for $121,000 and has been fully expended, we can amend this project by $102,000, which includes bonding costs for the SAN replacement; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #810 Citywide Computer and Software Upgrades by $102,000 for a total authorization of $223,000, and be it further RESOLVED, That funds for said SAN replacement shall be derived from an advance of $102,000 from the General Fund, with a later repayment by the issuance of serial bonds. A vote on the resolution resulted as follows: Passed unanimously. 3.2 PB&D – Request for Funding for the ‘Doing Business in Ithaca’ Guide Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca Office of Economic Development, part of the Department of Planning, Building and Development, works to encourage and support business development in the City of Ithaca; and WHEREAS, the Department has identified a need to better promote the City as a place to invest and to provide better information to businesses considering locating or expanding in the City; and WHEREAS, a new economic development resource, the ‘Doing Business in Ithaca’ Guide, will promote the City as a place to start and grow a business and will provide comprehensive information in one location on available local resources and required steps to starting or expanding a business in the City; and WHEREAS, this new resource will support the City in achieving several economic development goals articulated in Plan Ithaca, the City’s Comprehensive Plan, including: 1) “the city will attract and retain firms valued by the community including low-environmental-impact manufacturing, green businesses, locally-owned businesses, and businesses owned by under-represented groups”, 2) “the economic environment will retain, nurture, and grow new and existing businesses within the city”, 3) “the creation and expansion of local employment, particularly well-paying jobs, will provide opportunities for all income levels and age groups”, and 4) “a variety of businesses will diversify the economy and reduce economic dependence on a single sector”; and WHEREAS, the Department has substantially completed research and content development, including drafting narrative content for the Guide and gathering photos and testimonials from partners and city businesses, and now seeks to engage professional document design and layout services and professional printing to complete the Guide; and City Administration Committee Meeting March 20, 2019 Page 5 WHEREAS, funding does not exist in the 2019 budget of the Planning, Building and Development Department for these services; and WHEREAS, a call for quotes was recently distributed, with seven (7) qualified local designers submitting quotes ranging from $2,800 to $4,000 to design and layout the guide, and an estimate for printing from a local printer has also been obtained; and WHEREAS, funds for said Guide shall be derived from the unrestricted contingency account, which currently has a $120,000 balance; now, therefore, be it RESOLVED, That $5,000 in City funding be allocated towards the ‘Doing Business in Ithaca’ Guide project, and be it further RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A8020-5435 Planning Department Contract, and be it further RESOLVED, That the Planning, Building and Development Department be authorized to enter into agreement with a qualified designer for design and layout of the guide. A vote on the resolution resulted as follows: Passed unanimously. 3.3 PB&D – Request for Funding for 2019 Collegetown Beautification Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, The “2009 Collegetown Urban Plan and Conceptual Design Guidelines” were endorsed by the Common Council in August 2009 and serve as the guide for private development and public improvements in Collegetown, with the Plan emphasizing improving the pedestrian realm throughout central Collegetown and calling specifically for improved streetscapes and improved sidewalk and street furniture maintenance; and WHEREAS, the City’s Office of Economic Development, a part of the Department of Planning, Building and Development, in collaboration with the City Forester, Tompkins County Chamber of Commerce, Tompkins County Beautification Program, Tompkins County Tourism Program, Collegetown Small Business Association, and Cornell University, has identified a need to improve the aesthetics of the streetscape in the center of Collegetown with a set of low-cost near-term beautification improvements; and WHEREAS, proposals for improvements in the center of Collegetown include replacement of two worn benches on College Avenue with attractive new benches, establishment of a new light pole banner program utilizing 18 City-owned and 7 Cornell-owned street light poles, replacement of several open trash receptacles with closed Big Belly-type trash receptacles, repair of sidewalk and tree well surfaces in collaboration with the City Sidewalk Program and tree program, and replacement of rusty bike racks with attractive community-designed public art bike racks; and City Administration Committee Meeting March 20, 2019 Page 6 WHEREAS, these improvements are expected to improve the pedestrian realm and enhance the overall neighborhood identity and sense of place; and WHEREAS, the proposed public art bike racks would be funded separately by a private donor, and any selected sidewalk improvements would be supported separately through the City’s sidewalk program; and WHEREAS, the budget for the remaining proposed improvements (light pole banner program, bench replacement, and Big Belly trash and recycling receptacles) is $19,500; and WHEREAS, funding in the amount of $14,500 has been secured from the following partners: Cornell University ($5,000), Tompkins County Tourism Program, ($5,000), and Tompkins County Chamber of Commerce signage reserve ($4,500); and WHEREAS, the City’s matching share towards implementation of these improvements is $5,000; and WHEREAS, funds for said City match shall be derived from the unrestricted contingency account which currently has a $115,000 balance; now, therefore, be it RESOLVED, That $5,000 in 2019 City funding be allocated to a City Collegetown Beautification Fund in support of the proposed improvements, and be it further RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A8020-5435 Planning Department Contracts. A vote on the resolution resulted as follows: Passed unanimously. 3.4 PB & D - Request from The Ithaca Farmers Market Board of Directors to the City of Ithaca Common Council to Act as the Sponsor for a Consolidated Funding Application for Improvements to Vehicular and Pedestrian Access and Circulation at the Farmers Market Site Moved by Alderperson McGonigal. Seconded by Alderperson Gearhart. WHEREAS, The Ithaca Farmer’s (IFM) Market Board of Directors has been working with its members and customers to envision a vibrant and successful Farmer’s Market that will allow them to grow, better serve their customers, and provide opportunity for economic success for their vendor members; and WHEREAS, as part of their visioning process, the IFM Board of Directors undertook a feasibility study in 2017 to investigate the issues related to traffic circulation, parking, and pedestrian amenities; and WHEREAS, concerns expressed by vendors and visitors focused on the amount of available parking; the awkward vehicular circulation due to long rows of parking and vegetated berms; the lack of dedicated sidewalks for pedestrians; and gravel paving that is often muddy and full of pot holes, is not A.D.A. compliant, and has a lack of accommodations for shuttles and buses; and City Administration Committee Meeting March 20, 2019 Page 7 WHEREAS, The IFM is seeking to renovate the parking lot with improvements which will include: accommodating A.D.A. accessibility, better overall pedestrian access, and a reconfiguration of automobile parking with appropriate surfacing and green amenities; and WHEREAS, much of the funding distributed by the State of New York happens through the Consolidated Funding Application; and WHEREAS, the program most likely to fund this project is the New York State Department of State, Local Waterfront Revitalization Program (LWRP) implementation grant, which funds a variety of capital improvements along New York State’s designated waterways; and WHEREAS, this program is not open to private entities, but since the City of Ithaca owns the land upon which the pavilion and parking lot are located, the City could act as applicant on behalf of the IFM; and WHEREAS, the IFM intends to seek funding for Engineering/Design, renovation of the parking lot, and administrative/project management costs; now, therefore, be it RESOLVED, That the City of Ithaca agrees to act as sponsor for the project for purposes of the grant application, and be it further RESOLVED, That the IFM is not seeking any financial support from the City and will provide funding to cover all costs associated with preparation of the grant application. A vote on the resolution resulted as follows: Passed unanimously. 3.5 Fire – Amendment to Department Budget Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, work began in February of 2019 to replace damaged carpet in the training room at Central Fire Station; and WHEREAS, during the preliminary work, asbestos-containing flooring tile was discovered under the rug; and WHEREAS, the carpet cannot be removed without damaging the asbestos tile, and therefore the asbestos tile needs to be removed before the carpet replacement can continue; and WHEREAS, funds to pay for the replacement of the damaged carpet is coming from A3410-5475, Property Maintenance; and WHEREAS, the cost of the asbestos remediation, which was not anticipated before the carpet work began, was not included in the 2019 Fire Department budget; now, therefore be it RESOLVED, That Common Council authorize the transfer of $11,000 from Account A1990 Unrestricted Contingency to account A3410-5475. City Administration Committee Meeting March 20, 2019 Page 8 A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 An Ordinance to Amend Provisions of City of Ithaca Municipal Code Chapter 181 Entitled “Fire Prevention” Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, the Fire Department and City Prosecutor have identified various updates to portions of the City Code Chapter 181, entitled Fire Prevention to clarify existing code provisions and improve enforcement; now, therefore, Ordinance No. ____-2019 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. Fire prevention is a priority of the City. B. Clarifying and updating the code provisions pertaining to fire prevention will better inform the public of the City’s requirements and improve enforcement of these requirements. C. Therefore, the Common Council intends for this ordinance to implement these changes for greater clarity about the requirements and to improve enforcement thereof. Section 2. Amendment of Section 181-2, Damage to fire apparatus prohibited, to create a new section entitled “Fire Department Access.” The Ithaca Municipal Code shall be amended so as to delete this section in its entirety, and replace with the following section, newly entitled “Fire Department Access”: 181-2 Fire Department Access A) It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of a fire department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any fire department operation. B) Fire Lanes. Designated fire lanes, shall not be obstructed in any manner, including the parking or standing of vehicles, on private or public property. City Administration Committee Meeting March 20, 2019 Page 9 C) The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A 3-foot (914mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Unobstructed access to fire hydrants shall be maintained at all times. D) Violations of the provisions of the Fire Department Access section of this Code shall be punishable by a fine of $50 for the first offense, $100 for the second offense, and $150 for subsequent offenses. Section 3. Amendment of Section 181-3, Fire Alarms. The Ithaca Municipal Code shall be amended so as to delete subsections (a) and (c) in their entirety, and re-letter accordingly, as follows: A. Tampering prohibited. No person shall meddle or in any manner touch or interfere with the fire alarm wires or boxes of the City, except on proper occasion to give an alarm of fire; nor shall any person place any obstruction or suffer or permit any pole, tree, building or other obstruction to fall upon or against any fire alarm box or wire in the City. B. A. Construction/maintenance activities. No person, who will perform maintenance, construction, cleaning, or other such activities which are likely to activate a fire detection or fire suppression system device in a building protected by a fire detection or suppression system, shall initiate any such activities until such time as they have determined that the fire detection or fire suppression system has been properly protected against inadvertent activation of such system. Protective measures include, but are not limited to, device and/or zone isolation, or system isolation. When any question exists as to whether or not such system has been properly isolated, the Fire Department shall be consulted prior to any such work commencing. C. Fees for master box connections to municipal fire alarm system. 1) An annual fee shall be assessed to each premises which has a master fire alarm box which interconnects the building fire alarm system with the municipal fire alarm system. This fee shall be the reasonable and expected costs associated with the maintenance of the municipal fire alarm system, as developed through the program budget accounting system. This cost will be divided by the number of master fire alarm boxes connected to the system, as documented by the Fire Chief. The fee for a master box connection shall be calculated each year and approved by the Fire Chief. Upon approval, the Fire Chief shall send notices of such charge and the locations of each master box to the City Chamberlain, but not sooner than March 1 of each year. 2) The property owner shall be billed for the annual fee as established in Subsection C(1) above. This fee shall be paid to the City Chamberlain within 30 days of the billing date. If the required fee is not paid within 30 days of the billing date, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalty as the general City tax and as part thereof, except that, in addition to the City Administration Committee Meeting March 20, 2019 Page 10 penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual pa yment at 12% per annum or $3 per month, whichever is greater. Section 4. Amendment of Section 181-7, Code enforcement official; inspectors. The Ithaca Municipal Code shall be amended as follows, and to add a new subsection C as follows: A. Enforcement. Pursuant to part 381 of the New York Executive Law, the City of Ithaca shall be the entity responsible for enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the International Fire Code and the International Property Maintenance Code, incorporated by reference in 19 NYCRR Part 1225.1. B. Code enforcement official. The Chief of the Fire Department or the Chief’s designee shall be considered the code enforcement official for the International Fire Code and International Property Maintenance Code within the City of Ithaca. C. It shall be a violation of this section of the Ithaca City Code to violate any provision of the International Fire Code or the International Property Maintenance Code referenced in 19 NYCRR Part 1225.1. Section 5. Amendment of Section 181-9 (E)(4) Operating permits for certain uses and materials; fees. The provisions of subsections (E)(4) and (E)(8) of Ithaca Municipal Code Section 181-9 shall be amended as follows, with all other provisions contained in this section remaining in their current form: Section 5A: (4) Hazardous materials. (a) An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" the Tables contained in 5003.1.1 (1), (2), (3) or (4) of the International Fire Code, incorporated by reference in 19 NYCRR Part 1225.1. Section 5B: (8) Welding or cutting Hot Work, acetylene generators, calcium carbide and acetylene cylinder charging plants. (a) Operating permit required for welding or cutting hot work. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems or any other similar activity. City Administration Committee Meeting March 20, 2019 Page 11 1) An operating permit shall be required of each company, corporation, co partnership or owner/operator performing welding or cutting hot work operations, except as provided by the provisions of § 325-3 below in 8(a)(2). This permit shall not be required for each welding or cutting hot work job location. The company, corporation, co partnership or owner/operator shall notify the Fire Chief or the Fire Marshal in advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit. 2) An operating permit shall not be required of any company, corporation, co partnership or owner/operator: (a) Where the welding or cutting hot work is performed in areas approved for the purpose; or (b) Having an approved permit system established for control of the fire hazards involved. Section 6. 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 7. Effective date. This ordinance shall take effect immediately upon publication as provided in the City Charter. A vote on the resolution resulted as follows: Passed unanimously. 4.2 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code entitled “Vehicles, Removal of” Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. ORDINANCE 2019 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 317 of the City of Ithaca Municipal Code is hereby amended as follows: § 317-1 Definitions. Towing Provisions The City of Ithaca shall follow the Guidelines & Requirements for Towing Companies for Tompkins County, City of Ithaca, and New York State Police – Ithaca. Said Guidelines shall be posted to the City website and filed in the City Clerk’s Office. Unless otherwise expressly provided, for the purpose of this chapter, the following words shall have the meanings herein indicated: ABANDONED VEHICLE City Administration Committee Meeting March 20, 2019 Page 12 A vehicle that has been left unattended, and has not moved in 72 hours on any public street, highway or parking facility. CITY The geographical area of the City of Ithaca. FOR HIRE Includes any incident where a fee, charge or other consideration is, directly or indirectly, imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a towed vehicle for a consideration, although no charge is expressly imposed for the towing of such a vehicle. NONCONSENSUAL TOW The towing of a vehicle made at the request of someone other than the owner or operator of the vehicle towed. OPERATE Includes the control and direction of the use of a vehicle for towing from places within the City of Ithaca, for hire. PERSON Includes an individual, partnership, unincorporated association, corporation or other entity. TERMINAL Any place of business of a tow truck operator located within the County of Tompkins. TOWING The moving of a vehicle from public or private property by another vehicle for hire. TOW TRUCK A vehicle which is equipped with a crane, winch or similar device designed to raise, remove or carry a motor vehicle or the front or rear end thereof. TOW TRUCK OPERATOR Includes a person owning, leasing or controlling one or more tow trucks and driving, operating or causing any such vehicle to be operated upon the public highways for hire. VEHICLE A motor vehicle, as defined in § 125 of the Vehicle and Traffic Law of the State of New York; a bus, as defined in § 104 of such law; a tractor, as defined in § 151-a of such law; a trailer, as defined in § 156 of such law; or a truck, as defined in § 158 of such law. § 317-2 Police Department tow truck list: requirements; application. A. Every tow truck operator who wishes to be included in the Police Department's tow truck list and/or heavy vehicle tow truck list for towing ordered by the Police Department pursuant to the provisions of this chapter shall meet the following requirements: (1) Each tow truck shall be kept fit, of good appearance and in safe condition for towing. City Administration Committee Meeting March 20, 2019 Page 13 (2) Each tow truck shall have inscribed on the outside of each front door the trade name and business address of the tow truck operator, in letters not less than two inches in height, either painted or otherwise securely affixed to both doors in a conspicuous place. (3) Each tow truck shall have a fire extinguisher, safety flares, tow chain, pry bars, and suitable brooms, shovels and containers for cleanup. (4) A schedule of fees as listed in this chapter shall be posted in a conspicuous area on the premises of each tow truck operator and shall be made available upon demand to the general public. A copy of their towing fees must also be kept in the tow truck. (5) Tow truck operators shall be responsible for removing glass or other injurious substances dropped upon the public highway by the towed vehicle. (6) Tow truck operators shall keep a record of calls and the fees charged for any towing transaction. Said records shall be made available to the Ithaca Police Department upon request. (7) Tow truck operators shall own, operate and maintain a bona fide terminal within Tompkins County where they will store vehicles towed from within the City of Ithaca. The terminal shall be identified by a legible, conspicuously displayed sign. The sign shall include the name and telephone number of the tow company and be a minimum size of two feet by two feet. (8) The terminal must be fenced, locked and lighted in a manner to ensure the safety of vehicles stored on the premises. (9) Tow truck operators shall allow for the properly authorized release of motor vehicles in their custody 24 hours a day, seven days a week. They may charge an extra fee for vehicles that are retrieved after their regular operating hours as set forth in § 317-14A(6) below. (10) Tow truck operators shall not exceed the gross combined weight rating of their tow trucks. B. A tow truck operator who wishes to be included in the Police Department's tow truck list(s) shall file with the Police Chief documentation showing that he/she is insured against public liability in the limits required by law, which insurance certificate shall name the City of Ithaca as an additional insured party, as well as an application upon forms to be furnished by the Police Chief, verified under oath, and stating: (1) The name and address of the tow truck operator and the address of the place from which the tow trucks are proposed to be garaged and dispatched, specifying, in the case of an unincorporated association, the name and address of each member thereof and, in the case of a corporation, of each officer and stockholder. (2) The location of any and all depots and terminals proposed to be used by the applicant. (3) Whether the operator wishes to be included on the heavy vehicle tow truck list. (4) Any other relevant information which the Police Chief may require. C. After review of the application, and provided that the tow truck operator meets the requirements of Subsection A above, the Police Chief shall place the tow truck operator on the Ithaca Police Department's tow truck list and/or heavy vehicle tow truck list. The Police Chief shall establish reasonable rules and regulations for the inspection of tow trucks to ensure compliance with the requirements of this section. D. Tow truck operators on the tow truck list shall be authorized to tow motor vehicles involved in accidents or to have motor vehicles towed or impounded for violations of law by order of the Ithaca Police Department pursuant to § 317-13 below, provided, however, that in instances where time is critical, such as in cases of a snow emergency or auto accident, the officers of the Police Department City Administration Committee Meeting March 20, 2019 Page 14 reserve the right, in their discretion, to call the next operator on the tow operator list if the operator that has been called fails to respond to the scene within a twenty-minute time frame. § 317-3 Removal from the Ithaca Police Department towing lists. A. The Police Chief may remove any tow truck operator from the Police Department towing lists upon a finding that the tow truck operator: (1) Violated any of the provisions of § 317-2A above. (2) Violated any of the provisions of § 317-14, pertaining to removal and storage charges. (3) Repeatedly refused calls or failed to answer calls from the Police Department for towing services. (4) Failed to cooperate with Police Dispatchers or any member of the Ithaca Police Department at the scene of any accident or a scene where a vehicle is to be impounded or towed. B. Removal for a first violation shall be for a period of up to six months, and for a second violation for a period of up to 12 months. A third or following violation may result in permanent removal from the list. § 317-4 Application for review. A. Any tow truck operator whose application to be added to the Ithaca Police Department's towing lists has been denied or has been removed from the lists, may apply to the Common Council for a review of the action by the Police Chief. (1) The application to review the Police Chief's determination shall be in writing, signed by the tow truck operator, and shall state his/her reasons for claiming that the Police Chief's determination was erroneous. (2) The application for review must be filed with the Police Chief within 20 days of receipt by the tow truck operator, either by mail or in person, of notice of the Police Chief's decision. (3) Upon the filing of the application for review, the Common Council shall appoint an ad hoc committee, consisting of three members of the Common Council, and hold a hearing on the application. (4) The ad hoc committee of the Common Council shall, at the hearing, review the decision of the Police Chief, and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review. B. The ad hoc committee of Common Council, after the hearing, may either affirm the determination of the Police Chief or direct him to add or restore the tow truck operator to the Ithaca Police Department's tow truck list. § 317-5 Hearings. A. The hearing by the ad hoc committee of Common Council shall be held on a date and at a place and hour designated by the committee. B. The Police Chief shall give notice of the hearing, stating the name and address of the tow truck operator concerned, the subject matter of the hearing and the date, place and hour thereof, by mailing a copy thereof to the tow truck operator at the most recent known address of the tow truck operator, at least 10 days before such hearing. City Administration Committee Meeting March 20, 2019 Page 15 C. The tow truck operator involved shall be entitled to be represented by legal counsel at the hearing and to present such testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. D. All witnesses shall be sworn and examined under oath. E. Any tow truck operator aggrieved by a decision of the ad hoc committee of Common Council may apply to the Supreme Court of the State of New York for review under Article 78 of the Civil Practice Law and Rules. § 317-6 2 Authority of Police Department, Fire Department and Department of Public Works to impound and remove vehicles. A vehicle may be removed by the Superintendent of Public Works, the Police Chief, the Fire Chief or their designated staff members Department of Public Works or by order of the Police Department in the following instances: A. When any vehicle is found unattended on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned. B. When any vehicle is found unattended on any highway, public parking lot or private property within the city where said vehicle constitutes an obstruction to traffic, a safety hazard, has been left unattended and has not moved in 72 hours, or obstructs ingress to and egress from private property. C. When any vehicle interferes, obstructs or restricts the mobility of or block the path of travel of a fire department emergency vehicle in any way, or hampers any fire department operation. D. When a designated fire lane is obstructed in any manner, including the parking or standing of vehicles, on private or public property. E. When any vehicle deters or hinders the immediate access to fire protection equipment or fire hydrants. C. F. In instances involving property appurtenant to and obviously part of a one-, two-, or three-family residence. D. G. Where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. E. H. Where a duly authorized traffic ticket for illegal parking has been issued. F. Where written notice setting forth the following information was posted on the windshield of the vehicle: City Administration Committee Meeting March 20, 2019 Page 16 (1) That the vehicle is illegally parked, abandoned or in trespass, as the case may be. (2) That, if the vehicle is not first removed, it shall be towed after four hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle. (3) The time and date when the notice was posted. G. I. Where posted signage indicating that parking is not permitted. Such signage shall meet and meeting the following requirements: The signage must be prominently placed and be maintained for 24 hours prior to the towing or removal of the vehicle from the premises. The person posting the signs shall be responsible for documenting the date, time, and location that signs are placed and are required to provide that information to City officials upon request. Agencies that fail to meet this requirement will be subject to reimbursing any resulting tow fees. The removal of these signs without the proper authority shall be considered a civil violation punishable by Section 1-1 of the City of Ithaca Municipal Code. § 317-7 Procedure for towing ordered by the Ithaca Police Department. A. Selection of a towing company. (1) When the services of a tow truck are required, the Police Dispatcher on duty shall notify the appropriate towing company according to the guidelines hereinafter set forth. (a) If the vehicle to be towed is under 10,000 pounds' gross weight (five tons), then the next towing company on the police tow truck list will be called. The Police Dispatcher will record the call in the "Police Towing" log. (b) If the vehicle to be towed is over 10,000 pounds' gross weight (five tons), then the next tow truck on the heavy vehicle tow truck list will be called. The Police Dispatcher will record the call in the "Heavy Vehicle Police Towing" log. (2) A towing company may not designate another towing company to answer the call. If a towing company is not available, the next towing company on the list will be called. (3) The location of the incident shall not determine which towing company is to be called, unless life safety is involved. In such instance, the nearest operator to the scene will be called for assistance. (4) Requests of vehicle owner. (a) On request of the owner of the vehicle requiring towing, the owner may designate what towing company is to be called. This call will not be recorded in the police tow truck list, but will be recorded in a "Requests for Towing" log to be maintained by the Police Department. Such a request will not change the order of the police towing company list. When an owner does not desi gnate a specific towing company and leaves it to police discretion, the next towing company on the police towing list will be called as set forth in this subsection. (b) On request of the owner of a vehicle for towing by the Automobile Association of America (AAA), the authorized AAA towing company will be called and the call placed in the "Requests for AAA Towing" log. (c) On request of the owner of a vehicle, the vehicle may be towed to any destination designated by the owner. In the event the vehicle is not towed to the storage yard of the towing operator, the owner of the vehicle shall make arrangements for payment of towing and storage fees with the operator of the tow truck and/or owner of the garage or other facility to which the vehicle is to be towed. City Administration Committee Meeting March 20, 2019 Page 17 B. In the event that a tow truck operator refuses to accept a call or does not answer a call, the next operator on the list will be called. The tow truck operator refusing or failing to answer a call will not be called again until the operator's name next appears in order to receive a call. C. No vehicle impounded by the Ithaca Police Department shall be released to the owner of such vehicle without proper authority for release from an authorized member of the Department. D. The Ithaca Police Department shall not be responsible for the payment of towing and/or storage of motor vehicles. Owners of vehicles are liable for the payment of all charges connected with towing or storage. It shall be the responsibility of the tow truck operators to arrange for the collection of all charges. § 317-8 Notice of removal. Upon the removal and disposition of any vehicle by order of the Ithaca Police Department or Department of Public Works, it shall be the duty of the Ithaca Police Department to ascertain to the extent possible the owner of the vehicle or person(s) in charge of the vehicle and notify him/her of the following information as soon as practicable: A. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. C. That an investigation of the tow by an impartial officer designated by the Mayor regarding whether the tow was authorized by this section may be requested by applying, in writing, for such investigation within 15 days of receipt of notification of towing. Such application for investigation shall include the reason or reasons the applicant believes the tow was not authorized. D. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released from storage, unless it is determined that the tow was not authorized. E. That if the vehicle is not claimed or an investigation requested within 15 days, the city shall confirm a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. Any proceeds of sale shall be applied first to towing and storage charges. The city shall retain the balance of the proceeds. § 317-9 Towing and storage; towing investigation. A. After the removal of any vehicle as provided in this chapter, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner or person in charge of the vehicle may redeem the vehicle upon payment to the responsible tow truck operator of the amount of all expenses actually and necessarily incurred in effecting such removal, but not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible tow truck owner for the cost of said charges. B. Towing investigation. City Administration Committee Meeting March 20, 2019 Page 18 (1) In instances where a vehicle was removed by order of the Ithaca Police Department or Superintendent of Public Works, the owner or person in charge of the vehicle may request a towing investigation before an impartial officer designated by the Mayor to determine whether the towing of the vehicle is authorized by this chapter. The investigator will review documents and/or information related to the tow as provided by the applicant and by the Ithaca Police Department or Superintendent of Public Works. Such investigation shall be completed within 15 business days after the request therefor. (2) The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this section. (3) If it is determined that the tow was not authorized under this section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges. The City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department. (4) If the owner or person in charge of the vehicle does not claim the vehicle or request an investigation within 15 days of being notified of the tow, the city shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. § 317-10 3 Procedures for failure to plea or respond to parking violation notices. Whenever a person has failed to respond to at least five separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by mail a notice to the effect that such person has failed to respond to at least five separate notices of violation for separate parking violations and that the owner's vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice, including administrative overhead. The owner shall have 10 days from the date of mailing of such letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten-day period, and thereafter the vehicle is found unattended, parked upon a street or any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees giving authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or it may be immobilized by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees in such a manner as to prevent its operation. § 317-11 4 Liability. The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in § 239, Paragraph 2, Subdivision b or e, of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him/her from the operator. § 317-12 Number of public auctions. City Administration Committee Meeting March 20, 2019 Page 19 The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three times per year at intervals of approximately four months. § 317-13 5 Procedures for private property towing. A. Vehicles may be towed away or removed without additional notice to the owner in the following instances: (1) From property appurtenant to and obviously a part of a one-, two-, or three-family residence. (2) Where notice is given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. B. Additional notice required. Private property owners shall not authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified by one of the following methods: (1) By posted signage on the premises meeting the following requirements: (a) The notice must be prominently placed on the premises and be continuously maintained on the premises for 24 hours prior to the towing or removal of any vehicle from the premises; (b) The notice must clearly indicate, in letters not less than two inches high on a contrasting background, that unauthorized vehicles will be towed away at the owner's or operator's expense. The notice must state clearly how long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises; (c) The sign structure must comply with the provisions of Chapter 272, Signs; or (2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow report will be completed by the Police Department and name the property owner as the complainant. C. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under § 317-14 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the Ithaca Police Department 911 Dispatch Center immediately after removal. The identifying information regarding the vehicle shall be entered into a log to be maintained by the Police Department 911 Dispatch Center. E. When towing of a vehicle from private property is being eaffected pursuant to this section, the towing operator called must be one listed in the Tompkins County towing company rotation list. who maintains a bona fide terminal within Tompkins County, and the vehicle so towed may not be stored at a location outside the County. F. The Ithaca Police Department and the City of Ithaca shall not be responsible for the costs associated with towing a vehicle from private property. Tows from private property shall not be subject to a towing investigation as noted in § 317-9 above. § 317-14 Removal and storage charges; penalties for offenses. City Administration Committee Meeting March 20, 2019 Page 20 A. Removal and storage charges for nonconsensual towing of vehicles in the City of Ithaca, whether on public or private property, are hereby established as follows: (1) Removal charges shall not exceed $100. (2) An additional fee, not to exceed $25, may be charged in the instance where a police officer makes the determination that a special problem or circumstance exists. A "special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle, extra cleanup, or winching. The use of dollies, flat beds, ramps, jacks, or slings are not considered a special problem or circumstance. A request shall be made by the tow truck operator to the police officer at the scene of the tow that the tow be treated as a special problem or circumstance removal. Reasons for the request shall be stated by the tow truck operator to the police officer at the scene and shall be recorded in the "Vehicles Towed" report. Approval or denial of the request is to be made at the discretion of the police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. (3) Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the necessary use of one or more additional tow trucks, a crane or other extraordinary equipment other than regular or special towing equipment. (4) A fee not to exceed $30 may be charged b y the tow truck operator to the owner or operator of any vehicle requiring removal services as provided in this chapter whenever the owner or operator appears to remove the vehicle after the tow truck operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. (5) Storage fees not exceeding $25 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. (6) An after-hours service charge not to exceed $25 may be charged by the tow truck operator whenever the tow truck operator is called to release a vehicle from the storage yard during the hours 9:00 p.m. to 7:00 a.m. Upon the request and tender of the required fee, it shall be the duty of the tow truck operator to release a stored vehicle at any time of the day and on any day of the week, including weekends and holidays unless there is a restriction or hold on such vehicle as per a law enforcement agency or by order of a court of competent jurisdiction. (7) The costs for towing services rendered, pursuant to this section, are subject to the appropriate state tax. (8) No additional fees, other than the fees that are set forth herein, shall be assessed against the vehicle. B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Towing operators, and/or their agents or assigns that violate the provisions as set forth herein are subject to removal from the City towing list for such period of time that the Chief of Police deems appropriate. § 317-15 6 Effective date. This chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. City Administration Committee Meeting March 20, 2019 Page 21 After discussion, Alderperson Kerslick made a motion to table this resolution until next month to allow time for a meeting to take place with the Tow Truck Companies and for the Committee to review the information submitted. Seconded by Alderperson Gearhart. A vote to table this resolution resulted as follows: Passed unanimously. 4.3 Amendments to Fringe Benefits for Managerial Personnel Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, managerial positions are typically filled by individuals who have years of experience; and WHEREAS, employees newly hired into managerial positions start out with no leave time and accrue leave time at a rate of ten (10) hours per month, or three weeks per year, for the first two years; and WHEREAS, concerns have been raised as to whether the City will continue to attract the quality talent desired, with the proven experience expected, from organizations where these individuals have achieved a higher rate of leave time; and WHEREAS, recent managerial hires have had to take time off without pay due to pre-offer vacation commitments; and WHEREAS, the Director of Human Resources was asked to make a recommendation to address the above issues and has determined that an initial credit of two weeks, upon hire, would address the leave time comparability for someone leaving a position, and would allow for new hires to honor prior commitments without penalty; now therefore be it RESOLVED, That Common Council approves the amendments included herewith, effective retroactively to all managerial employees hired since January 1, 2018. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Common Council and Mayor Salaries After a discussion at a previous meeting on whether and how much to increase salaries for Common Council and the Mayor, Chief of Staff Cogan researched the salaries of elected officials in other municipalities [e.g. Town of Ithaca, Tompkins County, City of Syracuse and City of Rochester]. Mr. Cogan distributed and summarized his findings in a memo to the Committee. The Committee discussed his findings and agreed to form a working group that would put together proposals on how to implement regular increases for the Mayor and Common Council. Alderpersons McGonigal and Nguyen volunteered to be a part of this group along with Chief of Staff Cogan. City Administration Committee Meeting March 20, 2019 Page 22 6. Budget 6.1 Dates and Special Topics The Committee discussed scheduling special dates to have in depth conversations about specific topics, such as  Regular salary increases for the Mayor and Common Council  City projects contingent on funding from the County [e.g. the Outreach Worker position, etc.]  Fees/Fee Structures – Chief of Staff Cogan requested this information from departments during the last budget season  Police/Fire Department – additional request for staff  Capital Projects  City Buildings and Partners – buildings that the City owns but allows other agencies to occupy [e.g. Hangar Theatre, Southside Community Center, Golf Course, Boat House, etc.]  Succession Plans – are there succession plans for the Police and Fire Departments or the City as a whole  Public Safety and Emergency Services Chairperson Mohlenhoff and Chief of Staff Cogan will work together to find and send out dates for special meetings and budget hearings in October. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: April 17, 2019. 7.3 Review, Agenda Items for Next Meeting  Odd/Even Parking Presentation: The Community Life Commission presentation on Odd/Even Parking scheduled for tonight has been moved to next month’s agenda  Shopping Carts: Alderperson Nguyen will provide an update on this item at a future meeting 7.4 Adjourn: With no further business and on a motion by Alderperson Nguyen, the meeting was adjourned at 8:27 p.m.