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MN-BFC-2008-09-08
CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 - -- NOTICE - -- THE REGULAR MEETING OF THE ITHACA BOARD OF FIRE COMMISSIONERS WILL BE HELD ON: TUESDAY, SEMPTEMBER, 2008 AT 6:00 P.M. AT THE ITHACA CENTRAL FIRE STATION 310 W. GREEN ST., ITHACA, NY An Equal Opportunity Employer with a commitment to workforce diversification." c� ITHACA BOARD OF FIRE COMMISSIONERS SEPTEMBER 9, 2008 AGENDA 1. CALL TO ORDER 11. APPROVAL OF MINUTES Ill. ADDITIONS /DELETIONS TO THE AGENDA IV. PERSONS WISHING TO SPEAK TO BOARD OF FIRE COMMISSIONERS V. CORRESPONDENCE VI. MEMBERSHIP CHANGES VII. MISCELLANEOUS REPORTS: A. TOWN OF ITHACA B. AUDIT C. TOMPKINS COUNTY FIRE ADVISORY BOARD VIII. DEPARTMENT REPORTS: A. CHIEF B. DEPUTY CHIEF /TRAINING C. FIRE PREVENTION - Codes Division - Fire Investigation Unit - Juvenile Firesetters Program - Public Education IX. OLD BUSINESS X. NEW BUSINESS XI. EXECUTIVE SESSION XII. ADJOURN ITHACA BOARD OF FIRE COMMISSIONERS AUGUST 12, 2008 MINUTES PRESENT: Commissioners Romanowski, Gilligan and Alexander I. Comm. Romanowski called the meeting to order at 1759 hrs, IL Chair Romanowski made a motion to approve the minutes of the July 8, 2008 meeting with the correction of a name. Seconded by Comm. Gilligan. Carried unanimously. III. Additions /Deletions to the Agenda: A. Tompkins Trust bank statements B. 2% Updates IV. Persons wishing to speak to the Board or Fire Commissioners Lyman Baker, Veteran Volunteer Fire Fighter, read a letter in regard to the status of the 2% funds. (see entire letter in Minute Book) V. Correspondence: A letter was received from Fran Benedict thanking the Department for the donated gift of $400 for the community fireworks. A letter was sent to FF Josh Grant and Company #5 for the efforts in coordinating the picnic at the fireworks. VI. Membership Changes: None VII. Miscellaneous Reports: None VIII. Department Reports: A. Chief's Report (see complete written report in Minute Book). - Office Hiring — Work to fill the Financial Management Assistant position is a work in progress. Same as last month. - Interviews for the Fire Alarm Superintendent we completed this week. A decision should be reached before the end of the week. The current FAS Dick Srnka will be missed when he retires. We will miss his huge body of knowledge, work ethics, etc. ITHACA BOARD OF FIRE COMMISIONERS AUGUST 12, 2008 PAGE 2 - The Department recently received word that it will not receive Capital Project funds for 2009. It will be a tight year. - 800 MHz System and Paging System — Interested parties continue to talk. Radios are still being programmed and we haven't received them. Field testing came out differently than what we had agreed to. - 2007 SAFER Grant — Did not receive. - 2008 Safer Grant — No word. - Child Safety Seat Grant — No word. - Assistant Fire Fighter Grant (AFG) — No word. - CEDAP Grant — No word. But, we expect to receive as we have in the past. - City -Town Fire Contract Negotiation — Session was held yesterday. We are not done yet. Administrative fees are still something that has to be worked through. - Protective Equipment Maintenance Standard Resolution — Monthly call reports are out. - Two of the new recruits went to Montour Falls for training. The other two recruits are still here working on Ithaca Specific Training. B. Deputy Chief's Report (Deputy Chief Dorman is on vacation this week. Therefore, there is no report). Chief Wilbur made a few comments on his behalf. The Department went to the Town Board and received approval for the additional funds for the trucks. The price /contract with Pierce was locked in and it went to Tyler. Pierce expects the trucks to be done in 240 days. They could be here as early as 210 days. 270 days are allotted in the specs. ITHACA BOARD OF FIRE COMMISSIONERS AUGUST 12, 2008 PAGE 3 C. Fire Prevention Bureau (see complete written report in the minute book). Deputy Chief Parsons offered highlights of his report and answered questions as follows: - Despite the economy, new construction is not slowing down. Next year will be as busy as this year. - Blasting permit has been issued. CD Parsons worked with the designer for fire truck access. There is a fairly large house development on West Hill going on. IX. Old Business: - The Board of Fire Commissioners Donation Fund bank statement from Tompkins Trust Company showed a balance of $1,100.57. X. New Business: 2% Funds — Comm. Romanowski called Deb Parson and left a message inquiring about the status of the 2% funds. He did not receive a response, so he followed up with an email yesterday. - The Town of Ithaca Attorney requested that the 2% funds be distributed though the City Chamberlain following the Charter. - The next contract talk meeting is on the 29`h at Central. Hearing no other business, the meeting adjourned at 1830 hrs. Respectfully submitted, Randy L. Flynn, Clerk Ithaca Board of Fire Commissioners (Minutes to be reviewed at the September 9, 2008 meeting) ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT September 2008 PERSONNEL STAFFING LEVELS 1 Chief 2 Deputy Chiefs 5 Assistant Chiefs 8 Lieutenants 49 Fire Fighters 64 On duty personnel 4 Recruit Fire Fighters 1 Fire Fighters on Injury Leave 1 Lieutenant on Military Service Leave 1 Fire Alarm Superintendent 1 Office Manager 1 Administrative Assistant 0.5 Financial Clerk Total employees as of 9/01/08 — 74.5 Open positions — None MUTUAL AID CALLS — July & August From: Cayuga Heights (2), Lansing To: Lansing, Enfield, Trumansburg, Cayuga Heights, Slaterville SELECTED CALLS — No Report SUPPORT 54 Vehicle work orders were written and 58 were closed (July & August). TRAINING — See Attached report Submitted by: J. 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O � to - I CO N CO N _- 6) r- � N -. 0 c0 0 �mlvl C0 N O or- Ln M mN N o N co V1 I� 00 0) 6) M V M N Lo; CD I N OI I S Z 0 w -_ p N 00 Ln m 00 - 00 N N — C0 CO O 00 oo 00 M w N 00 O w M 1 � 0) d' O 6) O1 0 M a7 00 0) N e- N — � C0 It I� N O m M D7 i� C0 O N V' 00 to O \ 0) '- V' M 00 001 C0 M'., O' M N V 00 N Ln N V- .- r- Ln Ln Ln N N O 0) M Ln N O 00 00 w' I �. �- 0) 0 Qi m Q _J �I NI O o I N11 N� 0 O'OIO'O Oim 00 6) N M Ln C0 m'v �Y c0 O Q0 O O O O) D7 i, 6) 1 0) i; O) O) 0) 0) 0) 0) 6) M M M M M M M M M M M Q II II I I I al The Veteran Volunteer Firemen's Association, Inc. 638 Elmira Road 607 -272 -2560 Ithaca, NY 14850 -8745 Fax - 607 - 272 -4159 hICIPMA Vml: t dflh��%m ITHACA BOARD OF FIRE COMMISSIONERS FIRE CENTRAL AUGUST 12, 2008 RE: STATUS OF ANNUAL FOREIGN FIRE INSURANCE DEAR BOARD MEMBERS, HAS THE CITY CHAMBERLAIN NOTIFIED THE BOARD OF FIRE COMMISSIONERS WHEN THE VETERAN VOLUNTEER FIREMEN 2% CHECK WILL BE DISTRIBUTED? ALSO WILL THERE BE A PROBLEM WITH THE TOWN OF ITHACA IN LATE 2% DISTRIBUTION THIS YEAR ? n THANK YOU, LYMAN E. BAKER, TREASURER VETERAN VOLUNTEER FIREMEN Statistical Summary Board Report for August 2008 There are 35,273 records in the Incidents Table. Between Friday, August 1, 2008 and Sunday, August 31, 2008 there were 396 incidents. Currently there are an average of 12.77 incidents per day. Average response time for the department is 4.48 minutes. The average duration of an incident is 17.66 minutes. 25 20 15 10 5 0 70 60 50 40 30 20 10 0 Incidents by Hour of the Day O O O O O O O O O O N M L2 N r O T r r r r T- O r- M O p N N N M N Incidents by Day of the Week 8000 7000 6000 5000 4000 3000 2000 1000 0 SUN MON TUE VU® THU FRI SAT Dollar Loss by Hour of the Day O O O O O O O O O O r0 r - r r r - r - - O N M N N N N Loss Statistical Summary Board Report for August 2008 There are 35,273 records in the Incidents Table. Between Friday, August 1, 2008 and Sunday, August 31, 2008 there were 396 incidents. Currently there are an average of 12.77 incidents per day. Average response time for the department is 4.48 minutes. The average duration of an incident is 17.66 minutes. 10000 8000 6000 4000 2000 0 Incidents by First Responding Unit 8 7 6 5 4 3 2 1 0 Average Response Time by Unit „- 0 M (0 0 O O CO CO (0 CO 0) 0) W a) 0') Loss ;; Runs Statistical Summary Board Report for January 2008 through August 2008 There are 35,273 records in the Incidents Table. Between Friday, August 1, 2008 and Sunday, August 31, 2008 there were 396 incidents. Currently there are an average of 12.77 incidents per day. Average response time for the department is 4.48 minutes. The average duration of an incident is 17.66 minutes. 10000 8000 6000 4000 2000 0 120 100 80 60 40 20 0 8 7 6 5 4 3 2 I Dollar Loss by Day of the Week Loss SUN MON TUE WED THU FRI SAT Incidents by First Responding Unit �, Runs s M O O (0 O O ce) (0 (0 p M rn M M M rn rn M M M M Average Response Time by Unit ��f M rn v Un 0 F) rn rn 0 O O CO M (0 (D CO rn rn rn M M rn Statistical Summary Board Report for January 2008 through August 2008 There are 35,273 records in the Incidents Table. Between Friday, August 1, 2008 and Sunday, August 31, 2008 there were 396 incidents. Currently there are an average of 12.77 incidents per day. Average response time for the department is 4.48 minutes. The average duration of an incident is 17.66 minutes. 25 20 15 10 5 0 70 60 50 40 30 20 10 0 Incidents by Hour of the Day 8000 7000 6000 5000 4000 3000 2000 1000 0 O N M 'It LO O r'- 00 M O r N M "t M (p r� M O O , N M O O O O O O O O O O r r r r - r - - r r N N N N Incidents by Day of the Week ■ SUN MON TUE W® THU FRI SAT Dollar Loss by Hour of the Day NCO O O O O O O O O O O N N N N M. Loss CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFF1(:h:011Tlll? FIR FC1nFIr Telephone: 60'/277 -1231 Fax: 607/277 -2793 September 9, 2008 Board of ire Commissioners Ithaca lire Department 310 W Green St Ithaca, NY 14850 Dear Board Members: The following is the lire Marshal's report for August 2008. Code Enforcement Division: The Codes Enforcement Division received 38 complaints in the month August. TherC were 23 complaints closed out, and 26 complaints remain open for August and previous months. The Code 1 "nforecment Division performed 57 inspections or re- inspections. There were 72 violations cited. The Code Enforcement Division issued: 1 operating permit (or blasting and explosives use; 3 operating permits for assembly occupancies; 4 certificates of compliancc for lire and property maintenance inspections, 4 fire alarm system certificates of compliance; and 2 fire sprinkler certificates of compliance. The Code VnforcCmCnt Division ISSUCd 2 handicap parking violations, 3 fIre zone parlwlo violations, and 1 prohibited parking zone violation. Fire Investigation Unit: "I'hcrc were 2 lire investigations in August. The first was for an incendiary fire at 3 Vista Lane in the Town of Ithaca, and the second was for a dryer lire at 315 Pinc 'free Road in the 'town of Ithaca. Public Education: There were 5 Public Education Details, 1 Dire Drill Witnessed, and 9 Child Car Seat Inspections in the month ol'August. fs "An Eti(M] 01)Ix NLIllit} F.tnhloycr with ;t commitniclit to worklorcc diversification. - ►$ C AAC-.p--4 102k /:4�/- ke 'orlklec �, Awwl-r 0 . xe"04'r-7 FS; 4.e-,c ley og- 2— � AA 6w e4,0-1 �. A., C)l C,9 4/0 C,,5�l rXX Al AAA6',1V,44%(o71i—lre1j ;-7 on? � e� i c)4 71- e A15 — Al o 0/ a t 7 7 A-# 7- v"z 13de&l A 4 - dA Ab elQ1 C-,, _5;e 4-7 N� y , 7-o 7-W rcw,)A� -ro 4, vA 6 zi v,,-q r &�; nom & / s6s The Veteran Volunteer Firemen's Association, Inc. 638 Elmira Road 607- 272 -2560 Ithaca, NY 14850 -8745 Fax - 607 - 272 -4159 V'mlh: t ITHACA BOARD OF FIRE COMMISSIONERS FIRE CENTRAL AUGUST 12, 2008 RE: STATUS OF ANNUAL FOREIGN FIRE INSURANCE DEAR BOARD MEMBERS, HAS THE CITY CHAMBERLAIN NOTIFIED THE BOARD OF FIRE COMMISSIONERS WHEN THE VETERAN VOLUNTEER FIREMEN 2% CHECK WILL BE DISTRIBUTED? ALSO WILL THERE BE A PROBLEM WITH THE TOWN OF ITHACA IN LATE 2% DISTRIBUTION THIS YEAR ? THANK YOU, w, O-A— � Lz & _ LYMAN E. BAKER, TREASURER VETERAN VOLUNTEER FIREMEN CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 Monthly Report of the Fire Chief to the Board of Fire Commissioners, for the Sepember 9, 2008, meeting. LIFE SAFETY DIVISION Administration 1) Career Personnel Report a) See Deputy Chief Dorman's report. b) Office Hiring Financial Management Assistant, full time: Work to fill the full time financial management position is a work in progress. [same as last month] C) Fire Alarm Superintendent An offer of employment has been made to Joseph Pellegrino to replace Richard Srnka, who will retire on 19 SEP 08. We had hoped for a much longer transition period, but it did not happen. 2) Operating Budget Status a) Update account balance and revenue reports will be completed and distributed as soon as they are ready. b) Deputy Chief Dorman and Parsons, Office Manager McGrady, and I met with Mayor Peterson and Controller Thayer on 03 SEP 08, to review the 1171) budget proposal for 2009. Because all departmental budgets had not been reviewed, and because revenue projections are not complete, it is too soon to tell what action the Mayor will take in developing the Mayor's budget proposal for 2009. C) The Department of Labor has issued regulations to enforce the las requiring fire fighters be equipped with safety rope systems. Early estimates for cost of compliance are in the $30,000 - $40,000 range. d) Apparatus maintenance: See Support item that follows. 'An Equal Opportunity Employer with a commitment to workforce diversification." 110 Fire Chief's Report for September 2008 09 SEP 08 Page 2 of 4 3) County Communications and 911 Program a) 800 MHz System: We are assured the radios bound for IFD are being programmed and will be delivered in the near future. The transition from old to new systems is hoped to occur in September. b) Communications MOU between Tompkins County and the City of Ithaca: our meetings have been on hold due to vacations and such, but we continue to review the MOU that was established at the time the city police dispatchers were absorbed into the county dispatch operation. C) 800 MHz Ribbon Cutting: A ribbon cutting ceremony to mark the implementation of the 800 MHz radio system is tentatively scheduled for 24 OCT 08. 4) Grants and Donations a) Child Safety Seat Grant: The grant was submitted last month and we are awaiting word on its status. [Same report as last month.] b) SWAT /CINT /CP Vehicle: Discussions continue on developing funding for this vehicle. This is tentatively included in this Mayor's capital project budget for 2009, but will require additional appropriations by others to fully fund the project. C) Assistance to Fire Fighter's Grant (AFG): I received word last Friday that IFD will not received an AFG grant this year. A copy of the notice is attached to this report. d) SAFER grant 2008: The grant application for the Staffing for Adequate Fire and Emergency Response (SAFER) was submitted on 27 JUN 08. Award announcements have not started yet. e) CEDAP grants: The Commercial Equipment Direct Assistance Program ( CEDAP) grant application was submitted on 30 JUN 08. 5) Strategic Funding for Firefighters (S4F) The S4F group will convene as soon as possible to approve a status report. [same report as last month.] 6) City -Town Fire Contract Negotiation The next session will be held 23 SEP 08, at Central Fire Station. Fire Chief's Report for September 2008 Fire Prevention Bureau 09 SEP 08 Page 3 of 4 1) Please see Deputy Fire Chief Parson's report of Fire Prevention Bureau activities for the month of March. Safety Section 1) Protective Equipment Maintenance Standard Resolution At the March meeting, the Board requested clarification regarding various policy aspects of the proposed resolution. Unfortunately, I was unable to take any action on that resolution for the April meeting. At this point, a brief with clarifications will be provided at a future meeting. OPERATIONS DIVISION Response 1) Monthly Call Report See distributed reports for 2008, year -to -date, and the seven -year summary of response data. 2) Emergency Management a) Emergency Management Exercise: Cornell University sponsored a Table Top Exercise (TTX) at the Statler Hotel on Wednesday, 20 AUG 08. IFD and other City personnel participated. I am advocating a similar TTX be prepared for city senior staff, for use in FEB 09. b) Pre - Disaster Mitigation Grant: Starting in 2002, the City of Ithaca engaged in a project to develop a pre- disaster mitigation plan. This plan is required to insure eligibility for future mitigation grants. As of 04 JAN 07, we have been advised the grant application has been submitted to FEMA for final review and action. This is the last step for this grant and we are still waiting to hear what the decision will be. [Same report as prior months.] 3) West End Traffic An email from City Traffic Engineer Tim Logue is attached to this report. It discusses the west end traffic situation and the possibility of signal pre - emption system to aid emergency vehicle movements in that area. Fire Chiefs Report for September 2008 09 SEP 08 Page 4 of 4 Support 1) See Deputy Chief Dorman's reports. Note: Apparatus maintenance costs are extremely high this year. We have already expended our original appropriation for apparatus maintenance this year. Controller Steve Thayer will be meeting with us soon to discuss the situation. 2) Training Center Reports a) A usage report from AFC -MTO Willis Sheldon is included in the report packet this month. b) Training Center addition project: Additional funding to support this initiative has not been secured as yet. Training 1) See report from AFC Sheldon. Recruitment and Retention No Report. Service VOLUNTEER SERVICES DIVISION 1) Summaries of Service Hours: In the face of many other and pressing priorities, the resolution to address the issue of service and training hours distributed for the Board to consider at the February meeting has not been sent to the eight volunteer companies and the Ithaca Veteran Volunteer Firemen's Association. Given that, I would recommend no action by the Board until there has been adequate time for their review. Respectfully submitted, rian Hk. 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Q. cc a O ca a a 0. c6 LL LL LL L2 03 ca cc Q a c6 ca L2 0. E E c Ov O a E c c °i s E E E U) u) U) E c"v E E c Oc c Ov E E O 0X-- O .c 0 0 0 O t O O s c O O F- F -±'F -_ 'F- F- F-= ZZZF - - = F- F- = =F-F- ao 0 0 0 0o a oo ao ao a aD ao 0 0 0 0o ao co co 00 00 00 00 a a a ooaaoaaooaooa0 r d 00 00 O O r r r r M LO Co 0 ti 00 O LO r- � w-`-" N N N N N N N N N N N t 00 00 00 00 00 w 00 w 00 w 0o 00 00 00 00 00 00 00 00 00 00 00 00 NYS Register /July 16, 2008 businesses, providers, members of the Fiscal Policy Committee, the New York State Legislature and representatives of the hospital associations, IV a. among others. The associations are member organizations that represent the interests and concerns of hospitals across New York State, including small businesses and local governments. This outreach resulted in the Department of Health receiving comments and suggestions related to additional changes that industry representatives recommended be imple- mented. Based on this feedback, the Department did make additional changes to the service intensity weights to incorporate several of these comments and suggestions. Rural Area Flexibility Analysis Effect on Rural Areas: Rural areas are defined as counties with a population less than 200,000 and, for counties with a population greater than 200,000, includes towns with population densities of 150 persons or less per square mile. The following 44 counties have a population less than 200,000: Allegany Hamilton Schenectady Cattaraugus Herkimer Schoharie Cayuga Jefferson Schuyler Chautauqua Lewis Seneca Chemung Livingston Steuben Chenango Madison Sullivan Clinton Montgomery Tioga Columbia Ontario Tompkins Cortland Orleans Ulster Delaware Oswego Warren Essex Otsego Washington Franklin Putnam Wayne Fulton Rensselaer Wyoming Genesee St. Lawrence Yates Greene Saratoga The following 9 counties have certain townships with population den- sities of 150 persons or less per square mile: Albany Erie Oneida Broome Monroe Onondaga Dutchess Niagara Orange Compliance Requirements: No new reporting, record keeping, or other compliance requirements are being imposed as a result of this proposal. Professional Services: No new additional professional services are required in order for prov- iders in rural areas to comply with the proposed amendments. Compliance Costs: No initial capital costs will be imposed as 'a result of this rule, nor will there be an annual cost of compliance. As a result of the amendment to 86- 1.55, there may be a decrease to speck hospitals' revenues. In the aggregate, as a result of the amendments to 86 -1.62 and 86 -1.63 there will. be no increases or decreases in hospitals' revenues. Revenues will shift among individual hospitals depending upon the diagnoses of and approved procedures performed on the patients they treat. Minimizing Adverse Impact: The proposed amendments will be applied to all general hospitals. The Department of Health considered the approaches specified in section 202 - bb (2) of the State Administrative Procedure Act in drafting the proposed amendments and rejected them as inappropriate given the reimbursement system mandated in statute. Opportunity for Rural Area Participation: Rural areas were given notice of this proposal by its inclusion in the agenda of the Fiscal Policy Committee of the State Hospital Review and Planning Council for its May 22, 2008 meeting. That agenda is mailed to members of the Fiscal Policy Committee, the New York State Legislature and representatives of the hospital associations, among others. The as- sociations are member organizations, which represent the needs and con- cerns of providers across New York State, including rural areas. The amendment was described at meetings of the Fiscal Policy Committee prior to the filing of the notice of proposed rulemaking. This outreach resulted in the Department of Health receiving com- ments and suggestions related to additional changes that industry repre- sentatives recommended be implemented. Based on this feedback, the Department did make additional changes to the service intensity weights to incorporate several of these comments and suggestions. Job Impact Statement Rule Making Activities A Job Impact Statement is not required pursuant to Section 201- a(2)(a) of the State Administrative Procedure Act. It is apparent, from the nature and purpose of the proposed rules, that they will not have a substantial adverse impact on jobs or employment opportunities. The proposed regulations revise the calculation of cost outlier payments and update the diagnosis related group (DRG) classification system for inpatient hospital services as well as the corresponding service intensity weights and length of stay standards. The cost outlier payments are exceptions to the case payment rates for high cost or long stay cases and have been in effect since 1988 in New York State. The DRG classification system, which also has been in effect since 1988, is utilized to reimburse hospitals for inpatient services rendered to Medicaid beneficiaries. The proposed regulations have no implications for job opportunities. Department of Labor EMERGENCY RULE MAKING Provision of Safety Rope and System Components for Firefighters at Risk of being Trapped at Elevations I.D. No. LAB- 29 -08- 00013 -E Filing No. 633 Filing date: June 30, 2008 Effective date: June 30, 2008 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: Addition of section 800.7 to Title 12 NYCRR. Statutory authority: Labor Law, art. 2, sections 27 and 27a; art. 7, section 200 Finding of necessity for emergency rule: Preservation of public safety and general welfare. Specific reasons underlying the finding of necessity. To give fire de- partments sufficient time to conduct risk assessments regarding the type of safety ropes and rescue systems needed, to purchase needed equipment, and to train firefighters in their use before effective date of the statutory requirement. Subject. Provision of safety rope and system components for firefighters at risk of being trapped at elevations. Purpose: To insure that firefighters are provided with appropriate ropes and system components for self - rescue and emergency escape. Text of emergency rule: 800.7 Emergency Escape and Self Rescue Ropes and System Components for Firefighters (a) Title and Citation: Within and for the purposes ofthe Department of Labor, this part may be known as Code Rule 800. 7, Emergency Escape and Self Rescue Ropes and System Components for Firefighters, specifying the requirements for safety ropes and associated system components. (b) Purpose and Intent: This rule is intended to ensure that firefighters are provided with necessary escape rope and system components for self rescue and emergency escape and to establish specifications for such ropes and system components. (c) Application: This part shall apply throughout the State of New York to the State, any political subdivision of the State, Public Authorities, Public Benefit Corporations or any other governmental agency or instru- mentality thereof employing firefighters within the meaning of § 27 -a of the Labor Law. This Part shall not apply to such employers located in a city with a population of over one million. (d) DEFINITIONS. Within this part, the following terms shall have the meanings indicated: (I) "System Components" means safety harnesses, belts, ascending devices, carabiners, descent control devices, rope. grab devices, and snap links. (2) "-Escape Rope" means a single purpose, single use, emergency escape (Self- rescue) rope. (3) "Interior Structural Fire Fighting" means the physical activity of fire suppression, rescue or both, inside of buildings or enclosed struc- tures which are involved in afire situation beyond the incipient stage. 25 Rule Making Activities (4) "Interior Structural Fire Fighter" means a firefighter who is designated by their employer to perform interior structural firefighting duties in an immediately dangerous to life and health (IDLH) atmosphere and is medically qualified to use self - contained breathing apparatus (SCBA) as defined in 29 CFR 1910.134. (5) "Entrapment at Elevations" means a situation where a firefighter finds the normal route of exit is made unusable by fire, or other emergency situation, that requires the firefighter to immediately exit the structure from an opening not designed as an exit, that is above the ground floor and at an elevation above the surrounding terrain which would reasonably be expected to cause injury should the firefighter be required to exit. (e) Specifications for Escape Ropes and System Components Escape ropes and system components provided to firefighters shall conform to the requirements of "The National Fire Protection Association Standard 1983, Standard on Fire Service Life Safety Rope and Equipment for Emergency Services" in effect at the time of their manufacture. Escape ropes and system components purchased after the effective date of this Part shall conform to the 2006 edition (NFPA1983- 2006) of such stan- dard. (f) Risk Assessment and Equipment Selection (1) Each employer who employs firefighters shall develop a written risk assessment to be used to determine under what circumstances escape ropes and system components will be required and what type will be required to protect the safety of firefighters in its employ. In performing the assessment, the employer shall. (i) Identify the types and heights of buildings and other structures in the area the firefighters are expected to work. Such area shall include the regular scope of the fire district or other area covered by the fire department in question as well as any other districts or communities to which the fire department provides mutual aid with a reasonably predict- able frequency. (ii) Assess the standard operating procedures followed by the department with regard to rescue of firefighters from elevations. (iii) Identify the risks to firefighters of being trapped at an eleva- tion during structural fire fighting operations given the types of buildings or other structures located in the area(s) in which firefighters are expected to work Identification of the risk in question shall include an assessment Of: (a) the extent to which standard operating procedures already in place will mitigate the risks identified; (b) the type of escape ropes and system components that will be neces- sary to protect the safety of firefighters if operating procedures do not sufficiently mitigate the risk. (2) Should the risk assessment establish that firefighters employed by the department performing interior structural firefighting are reasona- bly expected to be exposed to the risk of entrapment at elevations, the employer shall provide to each interior structural firefighter in its employ , a properly fitted escape rope and those system components which meet the specifications for such rope and system components set forth in Pan 800.7(e) and which would mitigate the danger to life and health associated with such risk (g) Training (1) The employer shall ensure that each firefighter who is provided with an escape rope and system components is instructed in their proper use by a competent instructor. Instruction shall include the requirements of paragraph (h) of this Part and the user information provided by the manufacturer as required by NFPA 1983 Chapter 5.2 for each rope and system component. (2) Instruction shall include hands -on use of the equipment in a controlled environment. (3) A record of such instruction including the name of the individual being trained the name of the individual delivering the training, and the date on which the training was provided shall be maintained by the employer until such time as the firefighter is no longer employed by the " employer or the employer delivers a subsequent training on this topic, whichever comes first. (h) Employer Duties. In addition to the duties set forth in Parts 800.7(f) and (g), employers covered by this Part shall have the following duties: (1) To ensure the adequacy of the safety ropes and system compo- nents, the employer shall routinely inspect and ensure that: (i) Existing safety ropes and system components meet the codes, standards, and recommended practices adopted by the Commissioner; 26 NYS Register /July 16, 2008 (ii) Existing safety ropes and system components still perform their function by taking precautions to identify any of their limitations through reasonable means, including, but not limited to: (a) Checking the labels or stamps on the equipment; and (b) Checking any documentation or equipment specifications; and (c) contacting the supplier or approval agency. (iii) Firefighters are informed of the limitations of any safety rope or system components; (iv) Firefighters are not allowed or required to use any safety rope or system components beyond their limitations; (v) Existing or new safety ropes and system components have no visible defects that limit their safe use; (vi) Safety ropes and system components are used, cleaned and maintained according to the manufacturer's instructions; (vii) Firefighters are instructed in identifying to the employer any defects the firefighter may find in safety ropes and system components; and (viii) Any identified defects are corrected or immediate action is taken to eliminate the use of the equipment by: (a) Ensuring that escape rope and system components with defects which are repairable are tagged as unsafe and stored in such a manner that they cannot be used until repairs are made; (b) Ensuring that escape rope and system components that cannot be repaired are immediately destroyed or rendered unusable as an escape rope and system components; and (c) Ensuring that any escape rope that has been utilized under load for the purpose of self rescue/ emergency escape is immediately removed from service, destroyed, or rendered unusable as an escape rope and immedi- ately replaced. (2) The employer's routine inspection cycle required by this para- graph shall be based upon the volume of activity the Department under- takes but, in no case, any less frequently than once each month. This notice is intended to serve only as a notice of emergency adoption. This agency does not intend to adopt the provisions of this emergency rule as a permanent rule. The rule will expire September 27, 2008. Text of emergency rule and any required statements and analyses may be obtained from: Thomas Mc Govern, Department of Labor, Counsel's Office, State Office Campus, Bldg. 12, Rm. 509, Albany, NY 12240, (518) 457 -4380, e- mail: tomas.mcgovem@labor.state.ny.us Regulatory Impact Statement Statutory Authority: The legislature placed the amendment in Article 2, Section 27a of the Labor Law, Public Employee Safety and Health Act. Section 4 of the Act directs the Commissioner to promulgate rules to provide for the enforcement of the amendment and require that the latest edition of the National Fire Protection Association's standard on Life Safety Ropes and System Components be adopted. The Commissioner has broad authority to promulgate rules and regula- tions under New York State Labor Law Article 2, Section 27a; Article 2, Section 27; Article 7, Section 200. Legislative Objective: The intent of the Legislature was to insure that firefighters are provided with the appropriate ropes and system compo- nents to allow self- rescue from upper stories of buildings- should they become trapped. The Legislature also specified the national consensus standard to which life safety ropes and system components must conform as well as the testing criteria that must be followed by the manufacturer. Needs and Benefits: Firefighters occasionally become trapped on upper stories during fire suppression activities. Many times the firefighter is rescued by ladders or aerial apparatus; however, there are cases where the trapped fire fighter cannot be reached or the rapid development of the emergency situation does not allow for rescue by other means and those cases could result in death or serious injury. One such case involved 6 trapped firefighters who were forced to jump from a fourth story: Four were seriously injured and two died of their injuries. Some of these injuries and deaths were attributable, in part, to either the lack of rescue ropes or the failure of the rope involved. Costs: The ropes and system components needed to equip a firefighter for self rescue can be obtained for as little as $60.00. New York City has provided each of its firefighters with a system that costs more than $400.00. The proposed rule contains no minimum cost threshold. This allows the employer to take appropriate steps to reduce the cost of provid- ing the equipment required by the rule, so long as the employer provides equipment appropriate for the risks identified in its risk assessment. More- over, the equipment need only be provided to interior structural firefighters who work in areas where they could become trapped. Employers need not purchase or provide ropes and rescue devices to apparatus drivers and fire Y VY r E NYS Register /July 16, 2008 policemen or other employees not expected to perform interior structural firefighting. Additional costs would be incurred for training in instructing employ- ees in the use of the selected equipment and self rescue techniques. These costs will vary but as an example of the potential costs associated with the rule, one manufacturer sells a system which costs $400.00 while the training in the system use is $250.00 per person. On the other hand, the manufacturer will offer train the trainer instruction to a Fire Department Trainer for a one time cost; this instruction will then permit the Department to train its affected employees at a much lower cost than it would incur if it purchased the manufacturer's training for each of its members. Also, as mentioned elsewhere in this tulemaking, fire departments may also con- sider other methods to reduce training costs such as using in -house trainers and consolidating training classes with fellow departments to maximize training resources. Paperwork: The paperwork requirements contained in the proposed rule are minimal. The employer must certify that the hazard assessment has been completed and must maintain that document. The employer must also keep training record identifying all employees trained under the rule. Since other standards and laws already require that training records be main- tained, this provision will have minimal impact on the employer. Local Government Mandates: Fire protection is a function of local government and as such the monetary burden of providing this equipment will be home by the local government responsible for fire protection. The legislature did not provide funding for mandate relief. Duplication: This rule does not duplicate any state or federal regula- tions. Alternatives: The legislation requiring promulgation of the rule pro- vided little room for any alternative to be considered. The amendment specifically requires equipment that meets a defined national consensus standard for specific purposes. The alternatives provided by the Depart- ment involve the judgment of the Department with regard to the risks faced by its employees performing interior structural firefighting and the ropes and equipment needed to mitigate that risk. The agency determined that the employer would be best suited to survey the hazards in the local protection area and select the equipment based upon the hazards firefighters would be exposed to, as opposed to imposing its own stringent requirements specify- ing the type of equipment needed. Federal Standards: There are no federal standards with like require- ments. Compliance Schedule: The provisions of the amendment are effective on May 18, 2008, and employers will be required to be in compliance by November 1, 2008. The effective date of the rule will be upon adoption. The compliance aspects are not difficult and under normal inspection " protocols an employer would be given 30 days to comply. Regulatory Fle-Xibility Analysis Effect of the Rule: There is no requirement for small businesses; the rule will apply to all governmental agencies that employ a firefighter. The rule does not apply to New York City. Virtually all local government will be affected by this rule. Impacts should be low with compliance costs at less than $100.00 per firefighter in most areas of the state. In many smaller municipalities, minimal costs would accrue depending on the nature of the structures in the area protected. Local Governments with hazards requiring the provision of protective equipment and training for firefighters may collaborate on the training and use quantity buying practices to reduce costs. Training requirements could also be met by utilizing free training provided by the Department of State, Office of Fire Prevention and Control. However, that agency does not have the resources to train every firefighter affected by this rule. Compliance Requirements: The Law requires that each employer that employs firefighters must provide emergency escape rope and system components appropriate for the risk to which firefighters in their employ are exposed. To accomplish this the employer must conduct an assessment of the types of structures in the fire protection area, determine what the hazard to employees would be and then provide the appropriate harnesses, ropes and equipment so that employees may self rescue should they be- come trapped at an elevation expected to cause injury should the individual be required to jump. The law also requires that the employer is required to vide training in the use of the provided equipment and inspect and are the safety of the equipment. The authorizing legislation was also specific as to the design and testing of the provided equipment citing a national consensus standard, The National Fire Protection Association Standard 1983, "Life Safety Rope and Equipment for Emergency Re- sponders". The law requires the commissioner to adopt the latest edition which is the 2006 edition. Rule Making Activities NFPA 1983 -2006 established the design, construction and testing re- quirements for emergency escape and life safety ropes and system compo- nents and all such equipment must bear a label attesting to its conformance. To meet the compliance requirements the employer must: 1. Conduct a hazard assessment to establish the risk. 2. Select the appropriate ropes and system components. 3. Provide properly fitted ropes and system components (many belts and harnesses are sized) to each Firefighter at risk. 4. Train each firefighter in the use of the selected rope and system components. 5. Inspect the ropes and system components periodically to assure they are safe for use. Professional Services: Training on the required subject matter is pro- vided free of charge by the Office of Fire Prevention and Control. OFPC classes are limited and would not meet the needs of all employers. There are also many experts in the field who provide rope training and smaller employers could collaborate and share the expense of training. Under provisions of the executive law, career departments must have a Municipal Training Officer who would be capable of providing the train- ing. Compliance Costs: Purchase of the ropes and system- components would be relatively inexpensive in suburban fire protection areas. As the height and complexity of structures increase the equipment will become more expensive and the required training more comprehensive. Many suppliers can provide ropes and attachment devices at a price range from $ 20.00 to $50.00. Harnesses or escape belts can run from $50.00 to $100.00. On the high end of the cost spectrum, the system developed and used by FDNY costs approximately $400.00 per firefighter and the Manufacturer (Petzil) requires that the employer participate in their training program at $250.00 per person. They will provide train the trainer services. Economic and Technological Feasibility: The emergency regulation does not impose any new technological requirements. Economic feasibility is addressed above under compliance costs. Minimizing Adverse Impact: The emergency regulation is necessary to implement Labor Law, Section 27 -a(4)( c), as enacted by chapter 433 of the Laws of 2007 and amended by chapter 47 of the Laws of 2008, and to that extent, does not exceed any minimum State standards. Section 27- a(4)( c) requires the Commissioner to adopt the codes, standards and recommended practices promulgated by the most recent edition of the National Fire Protection Association 1983, Standard on Fire Service Life Safety Ropes and System Components, and as are appropriate to the nature of the risk to which the firefighter shall be exposed. This emergency regulation has been carefully drafted to meet these State statutory require- ments and does not impose any additional costs or compliance require- ments on local governments that employ firefighters beyond those inherent in the statute. Small Business and Local Government Participation: This emergency regulation has no impact on small business. The regulation applies to all governmental agencies that employ a firefighter. The Department solicited input on this regulation by holding meetings with employer groups such as the New York State Association of Fire Chiefs and Regional Fire Adminis- trators from around the State. The regulation was also discussed with the Counsel for the Firemen's Association of the State of New York. Addition- ally, input was solicited from the Office of Fire Prevention and Control and from the Department of State Counsel. Local governments that employ firefighters will also have an opportunity to continent on this regulation when it is subsequently filed as a proposed regulation and may offer comments at the public hearing that will be held regarding the proposed regulation. Rural Area Flexibility Analysis 1. Types and estimated numbers of rural areas: The rule will apply to all public employers who employ firefighters. As many as 800 employers in rural or suburban areas will be affected by this 2. Reporting, Reporting, recordkeeping, and other compliance requirements; and professional services: The rule will require the employer to maintain training records to show that the firefighters have been trained. Employers are already required to maintain training records by other rules such as the OSHA requirements promulgated under 12 NYCRR Part 800. The proposed rule does not appear to impose an additional recordkeeping burden on the employer and will require a minimum amount.of effort to comply. The training record must be maintained until the training is repeated, for a period of one year. Rule Making Activities Compliance with the overall rule will be less and less burdensome as the size of the employer decreases. The employer must perform a hazard assessment to determine the level of risk to which its employees are exposed and use that information to select the appropriate equipment to be provided. Depending on the height and types of structures in the area where the employer provides fire protection, the equipment could be a little as a rope, belt, and attachment devices. The employer must also train employees in the techniques of self rescue. Many Fire Departments have the expertise in -house fo provide this service, particularly in rural areas where building size and configurations may limit the risks addressed by the rule. Moreover, in rural areas rope work is part of high angle rescue work which a number of fire departments in mountainous areas provide. Individuals trained in high angle rescue techniques would require little or no extra training to meet the require- ments of this proposed rule. Training provided by the State Office of Fire Prevention and Control also covers the criteria involved. However, this office does not have sufficient staff resources to provide the training on a statewide basis. Some rope and rescue system manufacturers will provide training in their equip- ment; there will typically be a cost associated with this service, however. Another option open to employers is to group together and hire a professional trainer to provide a train the trainer course for individuals from a number of departments who would then train the members of their own department. This method would make the expense of hiring a contrac- tor a shared expense. 3. Costs: There are two primary areas of cost imposed by the rule: the cost of purchasing and maintaining the equipment and the cost of providing the required training. The cost of the equipment would fluctuate by depart- ment, depending upon the risks identified in the risk assessment conducted by the Department and the equipment needed to address the risk. Each firefighter who is at risk of entrapment at elevation must be provided with properly fitted (belts and harnesses come in different sizes) self - rescue rope and other components such as a belt and caribiners. A rural fire department employer could reasonably outfit each employee covered by 'he rule for as little as $100.00; if employers were to coordinate purchases and buy these items in bulk that cost could be reduced substantially. We should note that some of the manufactured systems cost as much as $400.00. In most rural areas such expensive systems should not be neces- sary. Costs associated with the provision of training in systems are discussed above. If training is provided in- house, costs would be minimal or none at all. A professional trainer could be provided by a manufacturer "free of charge" if the employer purchases a sufficient number of units of equip- ment. [Note: although this is classified as a free service, it is really a service whose cost is included in the equipment purchase cost.] If the professional trainer's services are not provided along with the purchase, the charges for the trainer's time could range up to $500.00. 4. Minimizing adverse impact: The only adverse impact resulting from the proposed rule are the costs associated with compliance. As discussed previously, covered employers can try to minimize such costs through coordination with other fire depart- ments to purchase equipment in bulk and through train the trainer sessions which will allow one or more members to deliver the training to their fellow firefighters. 5. Rural area participation: The proposed rule was posted on the department web site along with a contact. Numerous emails and phone calls were taken during the 6 months it was posted. Meetings were held with employer groups such as The New York State Association of Fire Chiefs and Regional Fire Administrators from around the state. The rule was discussed with the Counsel for The Firemen's Association of the State of New York. Meetings were also held with representatives of the Office of Fire Prevention and Control and with Department of State Counsel. Comments from these meetings and contacts were used to develop the rule. ob Impact Statement This rule concerns the provision of safety ropes and system components for public sector Fire Fighters. It is apparent from the nature and purpose of the rule that it will not have a substantial adverse impact on jobs and employment. 28 NYS Register /July 16, 2008 EMERGENCY RULE MAKING The Number of Crane Board Members Needed to Conduct a Crane Operator's Examination and to Hold Administrative Hearings I.D. No. LAB- 29 -08- 00016 -E Filing No. 642 Filing date: July 1, 2008 Effective date: July 1, 2008 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: Amendment of section 23 -8.5 of Title 12 NYCRR. Statutory authority: General Business Law, section 483; Labor Law, sections 21 and 27 Finding of necessity for emergency rule: Preservation of public safety and general welfare. Specific reasons underlying the finding ofnecessity: This is a very busy season for practical examinations for crane operators. This amendment will allow for more testing days to be scheduled thereby eliminating delays in getting examinations. Subject: The number of Crane Board members needed to conduct a crane operator's examination & to hold administrative hearings. Purpose: To modify the requirements regarding crane operator examina- tions and administrative hearings for crane operators. Text ofemergency rule: 12NYCRR Section 23 -8.5 is amended to read as follows: + § 23 -8.5 Special provisions for crane operators (a) Finding of fact. The board finds that the trade or occupation of operating cranes of the type described in subdivision (b) of this section, in construction, demolition and excavation work involves such elements of danger to the lives, health and safety of persons employed in such trade or occupation as to require special regulations for their protection and for the protection of other employees and the public in that such cranes may fall over, collapse, contact electric power lines, dislodge material and cause such material to fall or fail to support intended loads and convey them safely, unless such cranes are operated by persons of proper ability, judg- ment and diligence. (b) Limited application of this section. This section applies only to mobile cranes having a manufacturers' maximum rated capacity exceeding five tons or a boom exceeding forty feet in length and to all tower cranes operating in construction, demolition and excavation work. The word crane as used in this section refers to tower cranes and to such mobile cranes of the following type: a mobile, carrier- mounted, power- operated hoisting machine utilizing hoisting rope and a power - operated boom which moves laterally by rotation of the machine on the carrier. (c) Certificate of competence required. No person, whether the owner or otherwise, shall operate a crane in the State of New York unless such person is a certified crane operator by reason of the fact that: (1) He holds a valid certificate of competence issued by the commis- sioner to operate a crane; or (2) He is at least 21 years of age and holds a valid license issued by the Federal government, a State government or by any political subdivision of this or any other State and such license has been accepted in writing by the commissioner as equivalent to a certificate of competence issued by him; or (3) He is a person who: (i) is at least 21 years of age and is employed by the Federal government, the State or a political subdivision, agency or authority of the State and is operating a crane owned or leased by the Federal government, the State or such political subdivision, agency or authority and his assigned duties include operation of a crane; (ii) is at least 21 years of age and is employed only to test or repair a crane and is operating it for such purpose while under the direct supervi- sion of a certified crane operator, or under the direct supervision of a person employed by the Federal government, the State or a political sub& vision, agency or authority of the State and his assigned duties include the operation of a crane; (iii) -an apprentice or learner who is at least 18 years of age and who has the permission of the owner or lessee of a crane to take instruction in its operation and is operating such crane under the direct supervision of a certified crane operator or under the direct supervision of a person employed by the Federal government, the State or a political subdivision, a. k E. west end pre - emption page 1 Subject: west end pre - emption Date Sent: September 8, 2008, 3:59 PM From: Tim Logue <timlo @cityofithaca.org> To: Brian Wilbur <BRIANW @cityofithaca.org> CC: Bill Gray <BILLG @cityofithaca.org> Hi Brian, I got your note about Paul Jebbett stopping in. In concept, I don't see that there is resistance from NYSDOT to the idea of signal pre - emption in the west end. They've done it in other places and there is a clear need here. I think the concerns are going to be cost, of course, (and more importantly, who's cost), and perhaps some technical matters about their signal system and the pre - emption technology. I understand DOT is upgrading their traffic signal controllers with more modern equipment, so I would think the latter concern would go away. Which leaves the former. Do you have any ideas about funding sources, say perhaps some state or federal grant sources? Seems like Council is none to eager to spend these days, but maybe it could fit in a capital project request. On the transportation side, funds are drying up for the moment. We've been told that the regular federal -aid program will not be accepting new projects this go around. And the Enhancement program just went around. So that's not promising. DOT is going to conduct a signal timing study for the west end this fall and I will ask them to add pre - emption considerations to their scope. That might at least get their attention. They might be willing to pay for it over a longer time frame, say 5 to 7 years. Or maybe at least cost share. Another approach would be to get funding for preliminary design of such a system only. That would open up the conversation and would get us some early cost estimates. We could probably do that for like $10,000. The cost estimates I've seen are: $7,000 to $10,000 per intersection $1,500 to $3,500 per vehicle $' ),000 for training Could be a maintenance contract cost after that if we wanted one. I figure we'd probably be looking at some 11 intersections. Not sure how many vehicles you'd want, but say 10. Then we'd be looking at west end pre- emption something in the range of $150,000 of construction. 10% for design and 10% for construction inspection would add $30,000. We'd be looking at a total project cost of like $180,000 to $200,000. So, no, I would not say stop tilting at that windmill, but we will need to be strategic about it and it wouldn't hurt to bring some money to the DOT table. Tim page 2 west end pre - emption page 1 Subject: west end pre- emption Date Sent: September 8, 2008, 3:59 PM From: Tim Logue <timlo @cityofithaca.org> To: Brian Wilbur <BRIANW@cityofithacaorg> CC: Bill Gray <BILLG @cityofithaca.org> Hi Brian, I got your note about Paul Jebbett stopping in. In concept, I don't see that there is resistance from NYSDOT to the idea of signal pre - emption in the west end. They've done it in other places and there is a clear need here. I think the concerns are going to be cost, of course, (and more importantly, who's cost), and perhaps some technical matters about their signal system and the pre - emption technology. I understand DOT is upgrading their traffic signal controllers with more modern equipment, so I would think the latter concern would go away. Which leaves the former. Do you have any ideas about funding sources, say perhaps some state or federal grant sources? Seems like Council is none to eager to spend these days, but maybe it could fit in a capital project request. On the transportation side, funds are drying up for the moment. We've been told that the regular federal -aid program will not be accepting new projects this go around. And the Enhancement program just went around. So that's not promising. DOT is going to conduct a signal timing study for the west end this fall and I will ask them to add pre - emption considerations to their scope. That might at least get their attention. They might be willing to pay for it over a longer time frame, say 5 to 7 years. Or maybe at least cost share. Another approach would be to get funding for preliminary design of such a system only. That would open up the conversation and would get us some early cost estimates. We could probably do that for like $10,000. The cost estimates I've seen are: $7,000 to $10,000 per intersection $1,500 to $3,500 per vehicle $3,000 for training Could be a maintenance contract cost after that if we wanted one. I figure we'd probably be looking at some 11 intersections. Not sure how many vehicles you'd want, but say 10. Then we'd be looking at west end pre - emption something in the range of $150,000 of construction. 10% for design and 10% for construction inspection would add $30,000. We'd be looking at a total project cost of like $180,000 to $200,000. So, no, I would not say stop tilting at that windmill, but we will need to be strategic about it and it wouldn't hurt to bring some money to the DOT table. Tim page 2 Tuesday, September 9, 2008 11:30:24 AM America /New —York Name: Brian, Wilbur Company: Ithaca Fire Department ddress: 310 West Green Street -ity /State /Zip: Ithaca, New York 14850 Reference: EMW- 2008 -FV -07640 Dear Assistance to Firefighters Grant Program Applicant: On behalf of the Department of Homeland Security's (DHS) Federal Emergency Management Agency (FEMA), thank you for applying for a grant under the Fiscal Year (FY) 2007 Assistance to Firefighters Grant (AFG) Program. As you are aware, the AFG is an extremely competitive program. In FY 2008, DHS received over 21,000 applications, requesting over $3.2 billion in Federal funds. This extremely high number of applications and finite amount of funding available resulted in many worthy applicants not being funded. I reg! ret to inform you that we will not able to fund your AFG request for the FY 2008 program. Your application was not among those that were selected for the second phase of competitive review. During the second phase, those applications that best address AFG's established funding priorities for each eligible activity are approved and forwarded for peer review. The objective of peer reviewing those applications is to further ensure the best use of the funds. Information explaining these priorities was published in this the FY 2008 Program Guidance, which is posted on our website at www.firegrantsupport.com. Organizations that applied for vehicles should be aware that almost two - thirds of the applications for vehicles were not forwarded for peer review. Under the AFG governing statute, we must limit the amount of funding awarded for vehicles to twenty -five percent (25 %) of appropriated funds. For the FY 2008 program, t! hat funding limit is $140 million. In contrast, in FY 200! 8, there were over 7,900 requests for vehicles amounting to over $1.95 billion in Federal funds. The result of this level of demand coupled with the limited funding is that the vehicle applications forwarded to peer review are only those meeting the highest priorities. If you would like us to provide you with a more detailed account of how your application ,s rated, please send an email request to AFG.Turndowns @dhs.gov within 30 days of this .ice. We will respond to these requests in the order they are received. Regardless of the cause of your denial, the work already done to support your FY 2008 AFG application could be a useful resource for any future requests for financial resources that your organization develops. I encourage you to keep a copy of your application for your records. You may be able to use it as a reference for a future grant program, or even share it with your community as the basis for and outline of a I strategic plan for the enhancement of your department or organization. Please check our website often at www.firegrantsupport.com for information on the grant program and for future funding opportunities. Your interest in the AFG clearly demonstrates the need and resourcefulness of America's fire and emergency medical services. DHS will continue to work closely with and to support the Nation's first responder community and its vital work. Thank you again for your dedication and commitment. Sincerely, L1 James Marks, Acting Director Grant Development and Administration Division Grant Programs Directorate cc: Director, Assistance to Firefighters Grant Program Office Director, Grants Management Branch, FEMA file:// /Users /brian/Library/Caches/Cleanup`/`20AI:*/*2OStartup/PowerMail*/*20HTML%20message.htmI Page 1 Thomas W. Farlow, P.E. PO Box 132 Ithaca, NY 14851 Cell: 607 - 592 -6084 E -Mail: twfarlow @gmail.com August 1, 2008 Hon. Carolyn K. Peterson City of Ithaca 108 E. Green Street Ithaca, NY 14850 Dear Mayor Peterson: It is with both regret and anticipation that I tender my letter of resignation as Fire Commissioner for the City of Ithaca, effective immediately. I have moved out of the Ithaca Town / City limits to the Town of Lansing and therefore will not be able to represent the City as a Fire Commissioner. It has been my genuine pleasure to be a Fire Commissioner during this past year. I have enjoyed being a Commissioner and working with the fine staff of professionals, and will miss my associations here. I wish you, Common Council, Fire Commissioners, Employees and volunteers of the City of Ithaca continued success in all of your endeavors. Thankfully my current employer is located on the commons, The Thomas Group, which allows me to spend a great deal of time in the City. It will be a difficult transition to move out of the City, but I am certainly looking forward to the new challenges that I will have with this relocation. In conclusion, I would to thank all the people associated with the Ithaca Fire Department for their support. I will remain available to provide you and the Chief Wilbur with any assistance that you may need. If there is anything that I can help you with, I would be more than happy to meet with you. If you have any questions please feel free to contact me at any time. Thomas W. Farlow P.O. Box 132 Ithaca, NY 14851 -0132 twfarlow(cD_gmail.com 607 - 592 -6084 Sincerely, Thom s . a w, P.E. cc: Brian H. Wilbur, Chief Ithaca Fire Department Robert Romanowski, Chair Ithaca Board of Fire Commissioners 'l G C L:7 , Gcm C,, -*�'�P v 34 7-� CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 Press Release For Immediate Release: As a result of the Ithaca Board of Fire Commissioner's initiative, Chief Brian Wilbur and Board Chair, Bob Romanowski announce the re- activation of the Fire Police Unit of the Ithaca Fire Department, composed of active members from the Department's Volunteer companies. They are prepared to serve as Fire Police supporting the Ithaca Fire Department's field operations. Assistant Fire Chief , Dan Tier, is the staff officer in charge of this unit. Because of increasing demands for their services, Law Enforcement Agencies find it increasingly difficult to provide traffic control assistance at Department emergency operations. An increased emphasis, and new OSHA regulations relating to highway safety for Fire Department personnel, as well as increased demands for assistance to insure safe traffic flow in and around the emergency area, makes this a timely action. Released by: I Robert Romanowski, Chair i Brian H. Wilbur Ithaca Board of Fire Commissioners Fire Chief 15 SEP 08 'An Equal Opportunity Employer with a commitment to workforce diversification." c�