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HomeMy WebLinkAboutMN-CA-2019-06-19CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 19, 2019 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: IURA Director – Bohn Bridge Systems Engineer – Gebre Youth Program Coordinator – Stokes Assistant Superintendent – Whitney Youth Bureau Director – Klohmann City Clerk – Holcomb Information Systems Manager – Kronenbitter Fire Chief – Parsons Community Life Commission Members – Swayze, Hall & Hilson Chief of Staff – Cogan HR Director – Michell-Nunn Controller – Thayer 1. Call to Order 1.1 Agenda Review: The following changes were made to the agenda:  Pull consent agenda item 2.1: YB – Request to Amend 2019 – YES Program and add as agenda item 3.1  Agenda item 3.3: New resolution provided by the Controller  Add agenda item 3.8: DPW – Resolution of Support & Authorization for the City of Ithaca New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant Pertaining to Biosolids  Add agenda item 3.9: DPW – Resolution of Support & Authorization for the City of Ithaca New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant for Inflow in Infiltration Project 1.2 Review/Approval of Minutes: Denise Malone reported that the HR Director was not at the May meeting and asked that her name be removed from the May meeting minutes. Alderperson Kerslick made a motion to approve the minutes, as amended, from the May 15, 2019 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items City Administration Committee Meeting June 19, 2019 Page 2 2.1 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - YES Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Development Board and will be receiving $181,998 in new funding for the Tompkins Summer Youth Employment Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue A7310-4820-1202 Youth Employment Service $176,959 A7310-4820-1400 Administration 5,039 $181,998 Increase expenses A 7310-5120-1202 Part time/Seasonal $147,863 A 7310-5425-1202 Office Supplies 4,000 A 7310-5445-1202 Travel & Mileage 800 A 7310-5460-1202 Program Supplies 5,000 A 7310-5437-01400 Merchant Services 2,000 A 7310-5440-01400 Staff Development 1,000 A 7310-5425-01400 Office Expense 1,000 A 7310-5476-01401 Equipment Maintenance 1,039 A7310-9030-1202 FICA/Medicare 11,312 A7310-9040-1202 Workers’ Compensation 7,394 7310-9060-1202 Health Insurance 590 $181,998 A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - YES Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, the Ithaca Youth Bureau has applied for funding through the Joint Youth Commission and will be receiving $72,945 in new funding for the YES Summer Jobs Program; and City Administration Committee Meeting June 19, 2019 Page 3 WHEREAS, the goal of this program is to provide short-term subsidized internships for eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue A7310-2350-1202 Youth Employment Service $71,945 A7310-2350-1400 Administration 1,000 $72,945 Increase expenses A 7310-5120-1202 Part time/Seasonal $60,558 A 7310-5425-1202 Office Supplies 1,320 A7310-5445-1202 Travel & Mileage 636 A7310-5460-1202 Program Supplies 1,330 A7310-5425-1400 Office Expense 1,000 A7310-9030-1202 FICA/Medicare 4,633 A7310-9040-1202 Workers’ Compensation 3,028 A7310-9060-1202 Health Insurance 440 $72,945 A vote on the resolution resulted as follows: Passed unanimously. 3.2 Community Housing Development Fund, Round #17 — Authorize Disbursement of Funds Pursuant to an Executed MOU Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and was renewed in 2015 by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF, and the City of Ithaca and Tompkins County each contribute $100,000; and WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca; and WHEREAS, the Program Oversight Committee (PrOC), which includes three City appointees, reviews and recommends projects for awards, including the amount and funding source; and City Administration Committee Meeting June 19, 2019 Page 4 WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the PrOC’s recommendation for use of City funds; and WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects; and WHEREAS, the recommended round #17 project for City funding have completed environmental review by the City Planning and Development Board and is ready for Common Council action; and WHEREAS, the PrOC recommends the following affordable housing projects for funding: and, WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors; and WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency, now; therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $70,000 to Tompkins County for the following affordable housing project to implement recommended funding awards for rounds #17 of the Community Housing Development Fund: Project Name #1: 402 S. Cayuga Street Amount: $70,000 Applicant: Ithaca Neighborhood Housing Services, Inc. Project Summary: Construction of four for-sale townhouses at 402 S. Cayuga Street, Ithaca, NY. Two units will be sold to households up to 80% of Area Median Income (AMI) and two to those up to 100% AMI ; and be it further, RESOLVED, That Common Council hereby transfers an amount not to exceed $70,000 from the 2019 contingency account A1990 to the following account: A8020-5435 Planning Contracts $70,000 Community Housing Development Fund Round #17 Recommended Funding Award Applicant Project # Units Municipality Funding ($1,000s) Cornell County City Total INHS 402 S. Cayuga St. 4 for-sale (C) Ithaca 70 0 70 140 Totals 4 units 70 0 70 140 City Administration Committee Meeting June 19, 2019 Page 5 ; and, be it further RESOLVED, That the $70,000 transferred will fund the $70,000 City portion of the City/County/Cornell Housing Trust for the above listed project; and, be it further RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Brindley Street Bridge Replacement Project Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet , P.I.N. 375611 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non- Federal funds; and WHEREAS, the project involves the construction of new a roadway and bridge on a relocated horizontal alignment that will connect Taber Street with the West State Street/Taughannock Boulevard intersection, and WHEREAS, on June 7, 2018, Common Council approved total project authorization of $4,482,000; and WHEREAS, On June 18, 2019, an additional $367,840 project funding was made available by New York State Department of Transportation (NYSDOT) for Construction and Construction Inspection Phases; and WHEREAS, the amended project budget is projected to be $4,849,840, and the current City authorization is sufficient to match the additional federal aid; now, therefore, be it RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 30.9% of said portion, currently estimated at $1,498,602 of the $4,849,840 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local City Administration Committee Meeting June 19, 2019 Page 6 share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This Resolution shall take effect immediately; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project. A vote on the resolution resulted as follows: Passed unanimously. 3.4 Fire – Request to Amend CP 861 – IFD Aerial Truck Replacement Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, as part of the approved 2019 City Budget, Common Council authorized a capital project in the amount of $1,326,000, including financing costs, to replace an aerial platform truck that was purchased in 1999; and WHEREAS, through the process of specifying and pricing a new aerial platform truck, it has been determined that the cost of a new aerial platform truck will be $1,330,000, plus financing costs of $15,000; and WHREAS, many of the increased costs were unforeseen in 2018 when the project was proposed; and WHEREAS, specifications for a new aerial platform truck are nearly equivalent to the 1999 aerial platform truck; and WHEREAS, the Fire Chief and the Apparatus Specifications can find no other savings that could reduce the costs to the original authorization; now, therefore, be it RESOLVED, That Common Council hereby approves the amendment to Capital Project #861 IFD Aerial Truck Replacement in an amount not to exceed $19,000, for a total project authorization of $1,345,000 for the purchase of a new aerial platform truck; and be it further RESOLVED, That funds necessary shall be derived from the transfer of funds from Capital Reserve #15 Fire Engine Replacement, in an amount not to exceed $19,000 to Capital Project #861; and be it further RESOLVED, That the Town of Ithaca will be requested to contribute to the acquisition of said vehicle, per the existing fire services agreement. A vote on the resolution resulted as follows: City Administration Committee Meeting June 19, 2019 Page 7 Passed unanimously. 3.5 Youth Bureau – Approval of Recreation Partnership Board By-laws Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the Recreation Partnership has successfully supported shared recreation programming for youth in Tompkins County for more than 18 years; and WHEREAS, the Recreation Partnership Board has updated the by-laws to reduce the membership term from two years to one year, to eliminate the Finance Committee, and to eliminate the Treasurer position and duties; and WHEREAS, the updated by-laws will support the current functioning of the Recreation Partnership Board; now, therefore, be it RESOLVED, That Common Council hereby approves the Recreation Partnership Board by-laws as presented in the agreement. A vote on the resolution resulted as follows: Passed unanimously. 3.6 Youth Bureau- Authorization to Apply for a New York State Consolidated Funding Application Grant for the Cass Park Rink Enclosure Project Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the Ithaca Youth Bureau recommends and application to the Environmental Protection Fund (EPF) Grant Program for Parks, Preservation and Heritage, Consolidated Funding Application (CFA) 2019 for the Cass Park Rink Enclosure Project on behalf of the City of Ithaca; and WHEREAS, The Cass Park Rink serves as the hub of all Cass Park facilities and programs, serves thousands of Ithaca-area residents, is a regional destination for programs and events on a year-round basis, and is widely recognized as a valuable public asset; and WHEREAS, the City has completed Phase 1 and Phase 2; Year 1 rink improvements, as recommended in structural and operational reports, of the planned 3 Phase renovation project; and WHEREAS the grant funds would enable the City to move forward with the help of FOIYB to complete Phase 2; Year 2 of the project, which will enclose Cass Park Rink as recommended for optimal operations; and WHEREAS, The Friends of the Ithaca Youth Bureau (FOIYB) has been actively fundraising in the community; now therefore, be it RESOLVED, That Common Council authorizes the Director of the City of Ithaca Youth Bureau to file an application for funds in an amount not to exceed $600,000 for the Cass Park Rink Enclosure Project from the New York State CFA, and upon approval of said request, to enter into and execute a project City Administration Committee Meeting June 19, 2019 Page 8 agreement with the State for such financial assistance to the City of Ithaca for the Cass Park Rink Project; and be it further RESOLVED, That The City of Ithaca is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Cass Park Rink Enclosure Project. A vote on the resolution resulted as follows: Passed unanimously. 3.7 Department of Public Information and Technology Proposal to Migrate the City’s E-mail System to the Microsoft Cloud Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. WHEREAS, the Department of Public Information and Technology is in the process of replacing the City’s Storage Area Network (SAN); and WHEREAS, as part of that project, the Department of Public Information and Technology had planned to migrate the City’s e-mail system to the cloud to better protect both the e-mail system and the SAN network, and has sized the SAN equipment accordingly; and WHEREAS, the migration of the e-mail system to the Cloud would provide additional capacity, resiliency, redundancy, and security for this primary communication resource; and WHEREAS, the existing e-mail server and the e-mail archive server have reached their end of life and extended support and are scheduled for replacement in 2020; and WHEREAS, the prior-year funding that was anticipated to complete this project is no longer available, and the Department of Public Information and Technology is only able to redirect $14,000 towards the $64,000 E-mail migration project costs; and WHEREAS, Capital Project #810 Citywide Computer and Software upgrades, established in 2015 for $121,000 and amended in April 2019 by $102,000 for the SAN replacement, has been fully expended; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #810 Citywide Computer and Software Upgrades by $50,000 for a total authorization of $273,000; and be it further RESOLVED, That funds for said E-mail Migration Project shall be derived from an advance of $50,000 from the General Fund, with a later repayment by the issuance of serial bonds. A vote on the resolution resulted as follows: Passed unanimously. 3.8 DPW - Resolution of Support & Authorization for the City of Ithaca New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant Pertaining to Biosolids Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. City Administration Committee Meeting June 19, 2019 Page 9 WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study on investigate the commercially available technologies for converting Biosolids; and WHEREAS, the New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Environmental Facilities Corporation (EFC), provides a competitive statewide reimbursement grant program to assist in the initial planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects; and WHEREAS, the City of Ithaca meets EPG eligibility, below municipal median household income requirements and the reduction or elimination of the amount of Biosolids sent to the landfill would significantly benefit the City and its residents; and WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering report to investigate technologies available for converting the existing Class B Biosolids produced at the WWTP into Class A Biosolids, allowing them to be beneficially re-used; and WHEREAS, the above referenced Action has been determined to be a Type II Action under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review (SEQR) Regulations and does not require environmental review; and WHEREAS, if awarded, the grant the City of Ithaca will pay the required local matching portion of the grant in the amount of $6,000.00 from existing funds available in the Ithaca Area Wastewater Treatment Facility 2019 budget; now, therefore, be it RESOLVED, the Common Council, on behalf of the City, identifies Mayor Svante Myrick as the authorized representative for this project, able to execute necessary documents relative to and as required for this application; and be it further RESOLVED, that the Ithaca Common Council, on behalf of the City, recognizes and fully supports the submission of this CFA for an EPG for a Biosolid investigation. A vote on the resolution resulted as follows: Passed unanimously. 3.9 DPW - Resolution of Support & Authorization for the City of Ithaca New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant for Inflow in Infiltration Project Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study on Inflow and Infiltration within the City sewer collection system; and City Administration Committee Meeting June 19, 2019 Page 10 WHEREAS, the New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Environmental Facilities Corporation (EFC), provides a competitive statewide reimbursement grant program to assist in the initial planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects; and WHEREAS, The City of Ithaca meets EPG eligibility, this project is considered a funding priority as an area with suspected Inflow and Infiltration issues, and the City is below municipal median household income requirements; and WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering report to investigate their significant inflow and infiltration issues to identify solutions, enabling them to seek financing for construction through the CWSRF program, advancing the needed water quality improvements; and WHEREAS, the above referenced Action has been determined to be a Type II Action under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review (SEQR) Regulations and does not require environmental review; and WHEREAS, if awarded the grant the City of Ithaca will pay the required local matching portion of the grant in the amount of $6,000.00 from existing funds available in the Ithaca Area Wastewater Treatment Facility 2019 budget; now, therefore, be it RESOLVED, the Common Council, on behalf of the City, identifies Mayor Svante Myrick as the authorized representative for the project, able to execute necessary documents relative to and as required for this application; and be it further RESOLVED, that the Ithaca Common Council, on behalf of the City, recognizes and fully supports the submission of this CFA for an EPG for Inflow and Infiltration. A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 An Ordinance to Amend Chapter 317 of the City of Municipal Code entitled “Vehicles, Removal of’ Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. 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 City Administration Committee Meeting June 19, 2019 Page 11 The City of Ithaca shall follow the provisions of the Tompkins County, City of Ithaca, and New York State Police, Troop C, Zone 3, Tow Service Agreement. 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 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 City Administration Committee Meeting June 19, 2019 Page 12 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-as 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. (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 b y 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. City Administration Committee Meeting June 19, 2019 Page 13 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 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. City Administration Committee Meeting June 19, 2019 Page 14 § 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. 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 blocks 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 City Administration Committee Meeting June 19, 2019 Page 15 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: (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 shall be 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 or use 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 designate 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. City Administration Committee Meeting June 19, 2019 Page 16 (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. 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 City Administration Committee Meeting June 19, 2019 Page 17 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. (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 City Administration Committee Meeting June 19, 2019 Page 18 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. 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 effected 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. City Administration Committee Meeting June 19, 2019 Page 19 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. 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 by 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. City Administration Committee Meeting June 19, 2019 Page 20 § 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. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Flag Flying Policy Community Life Commission members Swayze, Hall and Hillson attended the meeting to discuss their research and to provide recommendations on the flag flying policy. In the report, they listed the process to follow for approved flags to be flown, where the community should submit requests to add flags to the approved list and the locations where the flags would be flown. 5.2 Tree Removal Policy Alderperson Nguyen gave an explanation on how the Tree Removal Project Plan came about. Some residents expressed concerns about trees on private property being removed for infill development and the City Forester noted that some property owners removed trees that they perceived as nuisance. After, discussion, the consensus of the Committee was to give this project plan to the Parks, Recreation and Natural Resources Commission. Chief of Staff Cogan and Alderperson Nguyen will pass on to the Commission the changes and comments made by the Committee. 6. Budget Process 6.1 Dates and Special Topics: Common Council will have special meetings on the 4th Wednesday in June and July. Some agenda topics are:  Salaries for the Mayor and Common Council  Rules of Procedures  Discussions with Community organizations who are requesting funds from the City The Chief of Staff will finalize the agenda and e-mail it to Council. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: July 17, 2019. 7.3 Review, Agenda Items for Next Meeting. None. 7.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:10 p.m.