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HomeMy WebLinkAboutMN-CA-2020-02-19CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. February 19, 2020 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: City Clerk – Holcomb Chief WWTP Operator – Kilgore Youth Bureau Director – Klohmann City Attorney – Lavine Bridge Systems Engineer – Gebre Community Life Commission Member – Hillson Chief of Staff – Cogan HR Director – Michell-Nunn Controller – Thayer 1. Call to Order 1.1 Agenda Review: After Chairperson Mohlenhoff went over the emergency evacuation procedure, she stated that two [2] items were being added to the agenda: • 3.4a – Ithaca Area Wastewater Treatment Plant Resolution of Authorization and Project costs for Award Allocations Engineering Planning Grant (EPG) Program • 3.4b – Resolution of SEQR for Award Allocations 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the January 15, 2020 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. 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 2.1 Request to Release Funds from the 2020 Authorized Contingency Funds for the Tompkins Center for History and Culture Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the Tompkins Center for History and Culture (TCHC) has requested financial support from the City toward their Capital campaign for the Ithaca Heritage Center on the Ithaca Commons; and City Administration Committee Meeting February 19, 2020 Page 2 WHEREAS, as part of the 2020 Authorized City of Ithaca Budget, $10,000 was placed in Restricted Contingency for the purpose of financial support to said TCHC Capital Campaign; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2020 Authorized Budget: Decrease: Appropriation Account A1990 Restricted Contingency $10,000 Increase: Appropriation Account A1210-5435 Mayor Contract $10,000 for the purpose of transferring funds to the Tompkins Center for History and Culture Capital Campaign A vote on the resolution resulted as follows: Passed unanimously. 2.2 Controller – Amend 2019 Budget Judgements and Claims Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, during 2019, the City experienced an increase in expenses related to litigation; and WHEREAS, during 2019, the City collected higher than budgeted revenue for sales tax; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 authorized Budget to account for the increase in litigation expenses as follows: Increase Revenue Account: A0001-1101 Sales Tax $300,000 Increase Appropriation Account: A1930-5000 Judgement and Claims $300,000 A vote on the resolution resulted as follows: Passed unanimously. 2.3 DPW – Amend 2019 Authorized Budget for Grant Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) received a $9,000 grant from Ithaca College through the Park Foundation in 2019 to purchase lab equipment for the Wastewater Treatment lab to assist with research related to microplastics in Cayuga Lake; and WHEREAS, the lab equipment would include a monitor, microscope camera and microscope; now, therefore be it City Administration Committee Meeting February 19, 2020 Page 3 RESOLVED, That Common Council hereby amends the 2019 Authorized IAWWTF budget for the Park Foundation Grant as follows: Increase Revenue Account: J8150-2705 Gift & Donations $9,000 Increase Appropriations Account: J8150-5496 Lab Supplies $9,000 A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 DPW - South Albany Street Bridge Project Moved by Alderperson Graham. Seconded by Alderperson Nguyen. WHEREAS, a project for the rehabilitation of the South Albany Street Bridge over Six Mile Creek, P.I.N. 375668 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), 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 City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping and Preliminary Design; and WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; and WHEREAS, on October 11, 2019, $155,000 (80% Federal and 20% Local Share) project funding for the project was made available by the New York State Department of Transportation to cover the cost of participation in Scoping and Preliminary Design; now, therefore, be it RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping and Preliminary thereof; and be it further RESOLVED, That the sum of $155,000 is hereby appropriated from Capital Project #XXX and made available to cover the cost of participation in the above phases of the project; 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, 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 City Administration Committee Meeting February 19, 2020 Page 4 RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 20% or $31,000; and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests; and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project; 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, That this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Youth Bureau - Request for additional funds for Capital Project - Skylight Sealing Project Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, in 2019 the Youth Bureau was approved for a capital project in the amount of $58,700 to have the skylights sealed; and WHEREAS, sealing the skylights utilizing a liquid applied reinforced waterproofing system, with a warranty of 20 years, is a comparatively cost effective measure and provides a long term solution that is more affordable than other potential solutions that were considered; and WHEREAS, initial bids were received and were over budget, and the project was rebid; and WHEREAS, the current low bid of $74,250 is significantly more than the budgeted amount; and WHEREAS, the Youth Bureau continues to experience leaks during rainstorms and ice melts due to the failing skylights joints, and in order to undertake the project, additional funding of $26,000 is required; and WHEREAS, the additional money provides a 5% contingency for changes, covers the financing costs and the charges for construction administration (approval of designs); and WHEREAS, the current balance in the Unrestricted Contingency Account is $110,000; now, therefore be it City Administration Committee Meeting February 19, 2020 Page 5 RESOLVED, That Common Council approves a transfer in an amount not to exceed $26,000 from the Unrestricted Contingency Account to Capital Project #859 Youth Bureau Sky Light Improvement for the purpose of funding said improvements. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Establishment of a Reserve Fund for Maintenance on the Primary and Secondary Commons Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, in closing out the Commons Repair and Upgrade project, City staff have been in active discussions with the various entities who performed design, consultation, and/or construction work on the Commons project in order to resolve disputes without resorting to litigation; and WHEREAS, as a product of these discussions, Sasaki Associates, Inc. the City’s consultant providing architecture and design services, has agreed to pay the City $250,000 in settlement of all claims; and WHEREAS, the Commons continues to be a central feature of the City’s downtown, and staff have found that often Commons maintenance issues arise requiring quick attention and are outside the regular operational and anticipated Commons budget; and WHEREAS, staff wish to reserve funding for maintenance issues that would preserve the functionality of the Commons and are not otherwise budgeted for on an annual basis, with examples of these currently non-budgeted maintenance items and improvements including but not limited to the following: installation of bank alley electrical timers; replacement of GFIs; additional murals in garages in order to prevent additional graffiti; purchase and installation of additional security cameras; replacement of broken glass panels; removal/replacement of kiosks; replacement of boards on benches; restoration issues related to major events not otherwise attributable to the event; installation of Wi-Fi receptacles; installing additional outlets; additional big belly trash cans; additional Commons bike racks; new signage for bus loading areas, Commons rules, and bikes; and other improvements related to bus accessibility; now, therefore, be it, RESOLVED, That Common Council hereby instructs the City Controller to apportion the $250,000 payment by Sasaki Associates as follows: 1. establish a Commons Reserve Fund in the amount of $125,000 in order to complete repairs and improvements on the Primary and Secondary Commons as needed and described above, and 2. devote the remaining $125,000 of such payment towards the City’s debt on the Commons Repair and Upgrade project, capital project #724, in such a manner as the City Controller deems most efficient. A vote on the resolution resulted as follows: City Administration Committee Meeting February 19, 2020 Page 6 Passed unanimously. 3.4a Resolution of SEQR for Award Allocations Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, the City of Ithaca submitted and was awarded an Engineering Planning Grant (EPG) under the Consolidated Funding Application (CFA) process on behalf of the City, for an Inflow & Infiltration Study; and WHEREAS, the New York State Department of Environmental Conservation and the New York State Environmental Facilities Corporation offer a competitive statewide reimbursement grant programs for local governments, administered through the New York Clean Water State Revolving Fund; and WHEREAS, that the City of Ithaca City Council, accepts the EPG program grant award on behalf of the City for WWTP Disinfection Improvements; and WHEREAS, Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Section 617.5 under the State Environmental Quality Review Act (SEQR) provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law; and NOW THEREFORE BE IT RESOLVED, that the City of Ithaca hereby determines that the proposed I&I Study is a Type II action in accordance with 6 NYCRR Section 617.5(c) (24) and (27) which constitute “information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted Action; conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action” and is therefore not subject to further review under 6 NYCRR Part 617. A vote on the resolution resulted as follows: Passed unanimously. 3.4b Ithaca Area Wastewater Treatment Plant Resolution of Authorization and Project costs for Award Allocations Engineering Planning Grant (EPG) Program Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the Ithaca Wastewater Treatment Plant (WWTP) receives sanitary sewer flow through a series of piped networks that are comprised of materials and construction that are of varying age, condition, and integrity; and WHEREAS, defective pipe and component joints, cracks, and inappropriate connections can promote the intrusion of undesirable dilution flow from sources including groundwater and surface runoff, which is known as inflow and infiltration (I/I); and City Administration Committee Meeting February 19, 2020 Page 7 WHEREAS, I/I is the cause of many problematic conditions at the WWTP and within collection systems including increases in chemical usage, increases in pumping costs, decreases in plant and system capacity, biological treatment upsets, surcharge conditions, and unnecessary repairs; and WHEREAS, the City of Ithaca submitted, and was awarded, an Engineering Planning Grant (EPG) under the Consolidated Funding Application (CFA) process to conduct an Inflow and Infiltration Study to help identify those areas within the piped network which produce problematic I/I, and make recommendations for improvement; and WHEREAS, the New York State Department of Environmental Conservation and the New York State Environmental Facilities Corporation offer a competitive statewide reimbursement grant programs for local governments, administered through the New York Clean Water State Revolving Fund; and WHEREAS, the City of Ithaca City Council, accepts the EPG program grant award on behalf of the City for an I&I Study; and NOW THEREFORE BE IT RESOLVED, that The City of Ithaca is authorized to execute a Grant Agreement with the NYS Environmental Facilities Corporation and any and all other contracts, documents and instruments necessary to bring about the project and to fulfill the City of Ithaca’s obligations under the Grant Agreement; and be it further RESOLVED, that MRB Group will act as the project contact, and be it further, RESOLVED, that the City of Ithaca authorizes and appropriates a minimum 20% local match as required by the Engineering Planning Grant Program for the City of Ithaca Sewer Inflow and Infiltration Study. Under the EPG program, this local match must be at least 20% of the EPG grant award of $30,000. The source of the local match, and any amount in excess of the required match, shall be provided through the Ithaca Area Wastewater Treatment Facility Capital Project 414J. The maximum local match shall not exceed $6,000 based upon a total estimated maximum project cost of $30,000. The Mayor may increase this local match through the use of in-kind services without further approval from the City Council. 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 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: City Administration Committee Meeting February 19, 2020 Page 8 § 317-1 Definitions. 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 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 Definitions. Towing Provisions The City of Ithaca shall follow the provisions of the City of Ithaca Tow Service Requirements & Policy. Said policy shall be posted to the City website and filed in the City Clerk’s Office. § 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 February 19, 2020 Page 9 (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 February 19, 2020 Page 10 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 February 19, 2020 Page 11 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 3 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 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. City Administration Committee Meeting February 19, 2020 Page 12 Agencies that fail to meet this requirement will be subject to reimbursing tow fees if deemed appropriate by City officials. The removal or use of these signs without 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. (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: City Administration Committee Meeting February 19, 2020 Page 13 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. (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 4 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 City Administration Committee Meeting February 19, 2020 Page 14 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 5 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. 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 6 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. City Administration Committee Meeting February 19, 2020 Page 15 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 on the City of Ithaca 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. 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. City Administration Committee Meeting February 19, 2020 Page 16 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 7 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. 4.2 Attorney - Permit Pursuant to Section 346-31 of the City Code Authorizing FlixBus, Inc. to Use East Green Street as an Intercity Bus Pickup and Dropoff Area Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided to the contrary, no bus or common carrier, whether for hire or not, shall be operated upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca;” and WHEREAS, Judd Krasher, on behalf of FlixBus, Inc. (“FlixBus”), submitted an application seeking a permit to operate a daily charter bus providing transportation between Ithaca and various cities, including New York City; and WHEREAS, City staff have reviewed the application and support granting the permit on the condition that FlixBus adheres to a fixed schedule not requiring adjustments to other intercity bus schedules using the Green Street location; and WHEREAS, on September 4, 2019 Common Council set a fee of $15 per arrival or departure from East Green Street for occupancy of the right of way for the purposes of operating an intercity bus; now, therefore be it RESOLVED, That the Common Council hereby authorizes issuance of a permit to FlixBus, Inc. with the following conditions: 1. FlixBus, Inc. must execute a bus permit agreement on the same permit terms and conditions as other permittees currently operating from East Green Street, and containing the City’s usual revocation and indemnification terms and conditions, 2. The exact route, locations where passengers may be dropped off and picked up, and times of operation shall be subject to approval by the Superintendent of Public Works or his designee, City Administration Committee Meeting February 19, 2020 Page 17 3. Said bus service shall be operated on a pre-arranged basis only, with tickets having been purchased in advance by passengers, 4. The operator(s) of the bus shall at all times ensure that the bus is not parked in a manner that interferes with the ability of emergency vehicles to move or pass or that interferes with sight distance for pedestrians or motorists, 5. Permittee shall at all times maintain valid liability insurance coverage, as well as present the City Attorney’s Office with proof of compliance with the New York Workers’ Compensation Law; and be it further RESOLVED, That the Superintendent of Public Works shall have the right to modify the conditions above upon reasonable notice to the Permittee, suspend or revoke this permit due to violation of the terms thereof, or due to any other action or failure to act, on the part of the permittee or his agents, which poses a danger to the health or safety of any members of the public, provided, however, that such suspension or revocation shall be subject to review by Common Council upon written appeal of the permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or revocation). A vote on the resolution resulted as follows: Passed unanimously. 4.3 Human Resources - Revised – Establishment of Acting Department Head and Department Head Salaries Upon Promotion Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, after review of the most recent promotions and new hires to the Management Compensation Plan, it has become evident that the current plan, in spite of adjustments, has continued to require modifications in order to maintain competitiveness, both internally and externally; and WHEREAS, our external hires have consistently been offered salaries above the first step of the compensation plan, and internal candidates have been reluctant to accept promotions to managerial positions without some exception to the existing plan; and WHEREAS, in an attempt to reduce the number of exceptions and modifications, it is recommended that the City adjust its promotional increase from eight (8%) percent to ten (10%) to enhance the chance of attracting and retaining internal candidates; and WHEREAS, the resolution adopted on May 3, 2017 requires one as bolded below to change the promotional increase; now, therefore, be it RESOLVED, That after acting in the role of a department head for thirty (30) days, a deputy department head shall be assigned to the lowest salary step for the department head position that results in a salary increase for the deputy, and be it further RESOLVED, That if an employee other than a deputy department head is appointed to serve in an acting department head role, the employee shall immediately be assigned to the lowest salary step for the department head position that results in a salary increase for the employee, and be it further City Administration Committee Meeting February 19, 2020 Page 18 RESOLVED, That an employee acting as a department head shall not be entitled to annual salary step increases for the acting title, but shall remain eligible for any step increases the employee would have otherwise received in the employee’s permanent title; provided, however, that if a step increase in the employee’s permanent title results in a higher salary than the employee’s current acting department head salary, the acting department head salary shall be recalculated as specified above, and be it further RESOLVED, That employees who are promoted to or within the Managerial Compensation Plan shall be assigned to the lowest salary step that provides at least a ten (10%) percent increase in the employee’s base salary, with subsequent step movement occurring annually on the employee’s anniversary date in the current job title, until the employee reaches the maximum step, at which time step movement shall cease, and be it further RESOLVED, That under no circumstances shall a managerial employee earn a salary greater than the maximum step for the employee’s position, or the position in which the employee is acting, whichever is higher. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Council Rules of Procedure The Committee reviewed, discussed and suggested changes to the City of Ithaca Rules of Procedures, which will be updated by Alderperson Gearhart. The Committee agreed to include the Rules of Procedures as a regular item on the agenda. 5.2 Advocacy Flags Community Life Commission [CLC] member Sean Hillson attended the meeting to provide an update on CLC’s recommendations for the Advocacy Flags Policy. Sean gave background information on the policy, provided information on the process and timeline, explained the reasons of the approved list and why requests would not be approved, answered questions raised by the City Administration Committee and stated that the next step would be for the policy to be approved by Common Council. 6 Meeting Wrap-up 6.1 Announcements. None. 6.2 Next Meeting Date: March 18, 2020. 6.3 Review, Agenda Items for Next Meeting • Special Common Council Meeting – March 11, 2020 – to vote on the final agreement with Tompkins County regarding the conference center City Administration Committee Meeting February 19, 2020 Page 19 6.4 Adjourn: With no further business and on a motion by Alderperson Nguyen the meeting was adjourned at 9:08 p.m.