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Home My WebLink About12-09-13 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, December 9, 2013, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda (Items 1 -6: 15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public. 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 6.1 December 10, 2012 Regular Minutes 6.2 January 14, 2013 Regular Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildings Properties, Refuse and Transit A. Request for an Encroachment Agreement for 126 -128 South Cayuga Street — Resolution B. Fees for Use of City Real Property — Boat Slips at Newman Golf Course — Resolution C. Appeal of License Fee for Use of City -Owned Property —the Old Agway Location, on Taughannock Blvd -Tax Map 43. -1 -4 — Resolution 8.2 Highways. Streets and Sidewalks 8.3 Parking and Traffic A. 2014 Parking Rates — Resolution 8.4 Creeks. Bridges and Parks 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Proposed Street Vending Policy 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607 - 274-6570 at least 48 hours before the meeting. The Board of Pudic Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings a2 voting meetings, opening with a public comment period. Meeting agendas are mated fmm prior public input, Department operating, planning issues, and requests made to the SuperintendenL The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, wth the speaker a author invited to attend. Notes for BPW Agenda, December 9. 2013 8.1A Request for Encroachment Agreement/License at 126 -128 South Cayuga Street — Resolution The proposed resolution reflects the Board's previous discussion. 8.1B Fees for Use of City Real Property —Boat Slips at Newman Golf Course — Resolution 8.1C. Appeal of License Fee for Use of City -Owned Property — the Old Agway Location. on Taughannock Blvd -Tax Map 41-11-4 — Resolution City Chamberlain and Acting Supt. Benjamin drafted resolutions for the Board's consideration. 8.3A 2014 Parking Rates— Resolution Parking Director Nagy has submitted a resolution for parking rates within the City for 2014. He will provide a presentation to explain the proposed rate changes. 9.1 Proposed Street Vending Policy The Street Vending Subcommittee, along with several mobile vendors, has drafted a policy for the Board to review. Staff will request feedback from the Board during the presentation. KRthU 4ehriny, Executive ASSistRnt FOr RIAIJ. aevjavVIM, Acting Superintendent of Public Worles r,ece✓e.bey s, 2013 Page 2 8.1A Request for Encroachment Agreement/License at 126 -128 South Cayuga Street WHEREAS, Doris Nitsios, owner of the property at 126 -128 South Cayuga Street (Tax Map Parcel No. 70.-6-13), in the City of Ithaca, has requested an encroachment agreement/license from the City into the City's right -of -way adjacent to West Green Street; and WHEREAS, the encroachment consists of the following: Basement access on West Green Street, consisting of metal doors covering a set of concrete steps, approximately 41.5 inches wide by 45 inches deep, thereby encompassing an encroachment into the right of way of approximately 13 square feet, the approximate location of which has been added to a drawing dated Oct. 10, 1953, and entitled "Map of No. 126 -130 S. Cayuga St. Ithaca, NY' prepared by Carl Crandall, C. E., and WHEREAS, it appears that the basement access in question has been in existence in its current location for at least ten years, and does not interfere with the sidewalks on north side of West Green Street as currently constituted; and WHEREAS, the encroachment, which does not exceed 40 square feet, is a minor encroachment as defined in Chapter 170 of the City of Ithaca Municipal Code; and WHEREAS, the Superintendent does not anticipate any conflicts in the nearfuture with public works uses or needs; and RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 126 -128 South Cayuga Street, as proposed, contingent upon the execution of a license /agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license /agreement allowing said encroachment, revocable upon 90 days' written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City's Municipal Code. Page 3 8.18 Fees for Use of City Real Property —Boat Slips at Newman Golf Course — Resolution WHEREAS, in the mid- 1980s, the City granted revocable licenses to private businesses, which allowed them to construct and use moorings for floating docks on City-owned land adjacent to the Newman Golf Course, along the east bank of the Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and associated parking and storage space, on adjacent City land) to others, at market rates, and WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until the present, with the annual license fees having been determined by an appraisal process to determine the "fair market rental fee,' and WHEREAS, said appraisal, completed for the City in the winter of 2010/2011, recommended a license fee of $350 per slip, per season, for the boat slips on Pier Road, which rate was incorporated by the Board into its 2011 -12 schedule of fees for the use of City land (adopted on December 22, 2010), and WHEREAS, the Board of Public Works reduced the rate for the 2011 -12 season to $200 per slip, in light of the lateness of the notification to the licensees, relative to the timing of their leasing of boat slips to their customers, with the understanding that the regular, full rate for the city land used for the docks would be assessed in subsequent years, and WHEREAS, the owners of 730 Willow Avenue, the licensee of City owned property designated as tax map 2.-2-2/2 paid the full fees for the 2012 -2013 season as part of the 2013 City taxes, and WHEREAS, the fee for the 2013 -2014 season remains unpaid, and WHEREAS, the owners are contesting the fees as being unreasonably high and what appears to be based on the mistaken belief that the City owns the actual docks, and WHEREAS, both City staff and Board of Public Works members assert the appraisers were made aware that the City only owns the land, not the docks, now therefore be it RESOLVED, That the Board of Public Works reaffirms the rate for the property designated tax map parcel 2.-2-2/2 to be that established by the appraisal process, with cost of living increases as provided by City Code, in addition to any Tompkins County and Ithaca City School District taxes the City pays because the property is leased, and be it further RESOLVED, that the licensee be allowed to pay the 2013 -2014 fee without late payment penalties, and, if the owner decides to renew the lease, the 2014 -2015 fee over the course of 2014, with any fee remaining on November 1, 2014 added to the 2015 taxes. Page 4 8.1C. Appeal of License Fee for Use of City -Owned Property — the Old Agway Location. on Taughannock Blvd -Tax Map 41-1 -4 — Resolution WHEREAS, the City of Ithaca licensed the property designated as tax map 41-1 -4 to Marina Realty of Ithaca, LLC per an agreement dated January 9, 1999, for a period of seven months beginning on November 1, 1998 and ending May 31, 1999, for a fee of $200 per month, and WHEREAS, Marina Realty has continued to pay the City $200 per month to lease the property in question, and WHEREAS, on April 27, 2012, a bill was issued to Marina Realty for the license fee for this property using the new fee schedule established by Chapter 170 of City Code, in the amount of $10,977.00, and WHEREAS, on June 11, 2012, Steve Flash, appeared before the Board of Public Works on behalf of Marina Realty to contest the new license fee and WHEREAS, then Superintendent William Gray told the Board of Public Works that Mr. Flash was operating under an old agreement and the City would have to follow the 30 day requirement to notify the licensee before a new agreement could be created, and offered to bring the appeal back for further discussion after more research was done, with a new agreement and /or and adjusted license fee rate to review, and WHEREAS, the Board has held no further discussion and has taken no further action on this issued to date, now therefore be it RESOLVED, that the bill issued on April 27, 2012 be expunged, and be it further RESOLVED, that the license fee of $200 per month be accepted as payment for the property 43,-1-4 through January 31, 2014, and be it further RESOLVED, that by copy of this resolution, Marina Realty is hereby notified that the agreement signed 1/1/99 is terminated effective January 31, 2014, and be it further RESOLVED, that effective February 1, 2014, the rate for the use of tax map 41-1-4 shall be as established by the Board of Public Works pursuant to Chapter 170 of City Code. Page 5 T T N N } Z co U L_ �H 0 H Ii LJ ;&i Y/I ltl tlJV1VYY0� °wl H LL mm mm kL Il Y N MH 1i {y y W d h1 b1It1 ; �L 11 1 o Y Q � rc 6 5� e e n 3 3 N Y/I ltl tlJV1VYY0� °wl H LL mm mm 8.3A 2014 Parkina Rates — Resolution WHEREAS, the Board of Public Works has considered the proposed 2014 rates for municipal parking facilities in order to meet the adopted 2014 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2014, and RESOLVED, That the Board of Public Works hereby adopts the proposed 2014 parking rates as follows in the attached table; and, be it further, RESOLVED, That the Board of Public Works will revisit the parking rates no later than its final July meeting in 2014; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2014, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2013 Rates Effective 1/1/13 Proposed 2014 Rates Effective 1/1/14 Amount Changed Seneca Garage, Day and Night All Levels, Full Access $76.251mo $79.50/mo 3% increase All Levels, Full Access (24/7) $87.50/mo $90.00 /mo 3% increase 1.69% increase Contract with Hotel $50.70 /mo $52.00 /mo 3% increase 92% of market Contract with Ciminelli $87.50 /mo $90.00 /mo 3% increase 3% increase Workman's Special (M -F /10 hrs/day, 210 hrs/mo) Overnight Only Special 5 m -8am $76.00 /mo $40.00 /mo Part time Special (24/7, 105 hrs/mo) Extreme Part time Special (24/7, 68 hrs/mo) $65.00 /mo $37.00 /mo Overnight Only Special (5 m -8am) $45.00 /mo Extreme Part time Special (24/7, 68 hrs/mo) $41.00 /mo Green Street Garage, Day and Night All Levels, Full Access $76.251mo $79.50/mo 3% increase Contract with Cimmelli $53.00 $54.00 /mo 1.69% increase Workman's Special (M -17/]0 hrs /day, 210 hrs/mo) $56.25/mo $67.50/mo 92% of market Part time Special (24/7,105 hrs/mo) $112.25/mo $58.00 /mo 3% increase Overnight Only Special 5 m -8am $40.00 /mo Extreme Part time Special (24/7, 68 hrs/mo) $37.00 /mo Cavup a Street Garage, Day and Myht All Leve]s, includin lon -term storage $61.00 /mo $63.00 /mo 3% increase Contract with Cim 111 $47.00 /mo $48.00 1mo 1.69% increase Contract with County (Library)' $56.25/mo $58.00 /mo 92% of market Premium Area Rates $112.25/mo $116.00 /mo 3% increase Page 6 Dryden Road Garage Actual Proposed Amount Changed Seneca, Green, Cayuga Street Gara es Discounted Hourly (250 hours) $116.50 /mo Ii $120.00 /mo 3% increase Effective Day and night 24 hours $200.00 /mo $150.00 /mo 1/1/13 $50 decrease Other Non -Meter Permit Parkin Contract with Coun (DSS) $47.00 /mo $48.00 /mo 1 2 %increase Hourly Ratess Actual Proposed Amount Changed Seneca, Green, Cayuga Street Gara es 2013 Rates 2014 Rates Per hour $1/hour Effective Effective Amount Weekly Rates 1/1/13 1/1/14 Changed Seneca Garage, Day and Night $26.50 $22.75 14% decrease Green Street Garage, Day and Night $23.00 $22.75 1 % decrease Dryden Road Garage, 24 Hours $67.00 $35.75 47% decrease Hourly Ratess Actual 2013 Rates Effective 1/1/13 Pro014 Ratposed 2es Effective 1/1/14 Amount Changed Seneca, Green, Cayuga Street Gara es Per hour $1/hour $1/hour No change Maximum $7 /day $7 /day Dryden Road Garage 0 -24 $1/hour $I/hour Nochange Maximum $15 /da $15 /da No change Bulk Purchase: Garage Tokens or Value Card $26.00/ 40 hours $26.00/ 40 horns No chan e S ecial Event Rate (weekend day entrance fee, 24 hour P azkin limit) Downtown garages $5 $5 No than e Parkin Meters and Pay and Display Surface Lot: Green Street Garage? $2.00/hour No max $2.00/hour No max. No change Downtown (begin July 1, 2014) 2 hr. max. 2 hr. a 2 hr. hr 2 hr. max. $.50/hr increase Collegetown (begin July 1, 2014) 2 hr. max. 2 hr. a 2 hr. rhr 2 hr. max $.SO/ly increase Thurston & Stewart Ave. & Edgemoor (begin July 1, 2014) $0.50/hr 9 hr, max. $0.75ft 9 hr. max. $.25/hr increase Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% Page 7 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2012, based on August 2011 CPI. The percentage change in the CPI from August 2011 to August 2012 was 1.6924 %. 3 — The County's Mental Health /Library agreement for 100 spaces in Green Street Garage (and /or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2014 is 92% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot') expires December 31, 2016. 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. Page 8 Street Vending Policy City of Ithaca Board of Public Works Mobile Vending Subcommittee 11/25/2013 August 27, 2013 ASTREET VENDING (AKA FOOD TRUCK) POLICY Table of Contents I. Purpose ...................................................................................... ..............................2 II. Definitions ................................................................................... ..............................2 III. Application ............................................................................... ..............................3 A. Procedure .......................................................................... ..............................3 B. Selection Criteria ............................................................... ..............................3 C. Grounds for Denial of Application ...................................... ..............................3 IV. Vending Permits ....................................................................... ..............................3 A. Seasonal ........................................................................... ..............................3 B. Annual ............................................................................... ..............................3 C. Temporary ......................................................................... ..............................3 D. Round - ups ......................................................................... ..............................3 E. Special Events ................................................................... ..............................3 F. Placement of Permit Certificate/ Sticker ............................. ..............................4 G. Forfeiture of Street Vending Permit ................................... ..............................4 V. Fees and Costs ........................................................................... ..............................4 A. Application Fee .................................................................. ..............................4 B. Permit Fee ......................................................................... ..............................4 C. Payment Schedule ............................................................ ..............................4 VI. Requirements ........................................................................... ..............................4 A. Documentation .................................................................. ..............................4 B. Fire Code Requirements ................................................... ..............................5 C. Requirements for Propane Usage ..................................... ..............................5 D. Vendor Responsibilit ies ..................................................... ..............................6 VII. Rules of Operation ................................................................... ..............................6 A. Hours of Operation ............................................................ ..............................7 B. Designated Vending Locations .......................................... ..............................8 C. Vending Location Assignment ........................................... ..............................8 D. Route -based Vendors (ice cream trucks) .......................... ..............................9 E. Signage — City Code Chapter 272 ..................................... ..............................9 VIII. Litter ControlMaste Removal ................................................. .............................10 IX. Enforcement ............................................................................ .............................10 A. Violations .......................................................................... .............................10 B. Revocation of Permit ........................................................ .............................10 C. Appeals ............................................................................ .............................11 Page 11 I. Purpose The purpose of this policy is to establish a uniform City policy for the utilization of City streets for the purpose of vending fresh, prepared and pre - packaged food products to the general public. Retail- or service -based vending will not be covered under this policy. Il. Definitions A. City Parks — All city -owned or managed land that constitutes parks, playgrounds, outdoor passive and active recreation areas (whether paved or unpaved, , natural areas adjacent to waterways and bike paths. This term does not include the Ithaca Commons. B. Food Cart (Pushcart) - a wheeled device, not required to be licensed as a vehicle that is equipped and approved for use as a mobile food vending unit. Food Cart/Pushcart shall not mean a stand, booth, truck or trailer. C. Food Truck — A registered motor vehicle designed to be mobile, portable and not permanently attached to the ground from which food is vended, sold or given away, either pre- packaged or prepared on site. D. Permit— Written proof of permission to use city-owned real property or parking space for a short period of time, in no case exceeding one year. E. Private Site — Any privately owned or leased property where use of the property for commercial purposes, including mobile food vending, is restricted to persons who have the written permission of the owner or lessee of the property. F. Public Street — Includes the entire publicly-owned right -of -way for a street and any public sidewalks and curb lawns associated with the street. G. Special Event — Events requiring three or more of the following permits shall require a special event permit: Noise, Assembly and Parade, Street Closures, Vending, Alcohol, or Use of Parks or City Property. H. Street Vending — The use of city streets for maintaining a temporarily stationary condition a portable vehicle for which food items for purchase by members of the public are dispense. I. Temporary Permit — Typically more than transitory, but, unless otherwise specified herein, not exceeding five consecutive days in duration, and not recurring more than four times in a year. J. Vendor — Any person or business offering for sale any prepared or packaged food or beverages from a truck or cart. Page 12 III. Application A. Procedure 1. Street Vending Permit Application must be submitted to the Superintendent of Public Works along with the application fee and all required documentation as listed on the Application Instructions. Incomplete applications will not be accepted. 2. All applications must be reviewed by the Superintendent of Public Works or a designee prior to approval or denial. 3. Once an application is approved, the applicant may participate in the next scheduled vending site lottery. B. Selection Criteria Street Vending Permits will be awarded on a first -come, first -served basis with preference given to returning vendors. C. Grounds for Denial of Application Failure to provide any required documentation as listed on the Application Instructions. IV. Vending Permits A. Seasonal Seasonal vending permits are in effect from April 1 through October 31. New applications must be submitted each year. There is no guarantee a vendor will be granted the same location(s) from year to year. B. Annual Annual vending permits are in effect from April 1 through March 31. New applications must be submitted each year. There is no guarantee a vendor will be granted the same location(s) from year to year. C. Temporary Temporary permits are issued for small events (i.e. sports tournaments) that do not last more than five (5) consecutive days. These events are not Special Events and do not require three or more permits as listed above in II.H. Special Events. D. Round -ups Round -up permits are issued when four or more mobile food vendors wish to gather in one location to sell food. These round -ups provide a large variety of food choices and create a small community -like setting. E. Special Events Special Event permits are applied for through the City's Special Events Team. These events require three or more of the permits listed in II.H. above. Vendors that wish to participate in special events must contact the event coordinator to make arrangements. The City's Street Vending Permit does not include special event vending. Page 13 F. Placement of Permit Certificate /Sticker To be determined. G. Forfeiture of Street Vending Permit Should a food vendor wish to forfeit his/her Street Vending Permit in order to voluntarily discontinue vending food on City streets, through no fault of the City's, the permit fee will be refunded on a pro-rated basis. However, if the vendor is not satisfied with the location s/he chose, the City will work with the vendor in order to relocate to a more suitable site (not currently occupied). V. Fees and Costs A. Application Fee Every application must be accompanied by $100 application fee when it is submitted to the Superintendent of Public Works. Failure to submit this fee will delay the review of the application. The application fee is non - refundable and is not credited to the permit fees (NB: the application fee will cover administrative costs such as advertising, background checks, and sign installation.) B. Permit Fee 1. Permit Fees are determined by the location each vendor chooses, taking into consider the zone and time limits per location. (see Appendix A) 2. Temporary Event Permit - $60 per day (see IV. Vending Permits above for definitions of each permit) C. Payment Schedule 1. Permit fees must be paid no less than quarterly, and must be received at least 10 days prior to the quarterly lottery. VI. Requirements A. Documentation 1. A copy of a New York Sales Tax Certificate (NYS Taxation & Finance office (800) 225 -5829) www.tax.nv.us. 2. Insurance Certificate of Liability in the amount of $1,000,000 naming the City of Ithaca as an Additional Insured (Contact your local insurance company for more information). 3. Proof of Workers' Compensation and Disability Coverage required by New York State. Please note the "ACCORD" form is no longer acceptable proof of workers' compensation coverage. Contact New York State Workers' Compensation at 1 -866- 802 -3604 or visit their website at www.wcb.state.nv.us with questions; or Page 14 • FOOD POLICY 4. Completed NYS Workers' Compensation waiver if the applicant is not required to provide such coverage. Contact New York State Workers' Compensation at 1 -866- 802 -3604 or visit their website at www.wcb.state.nv.us with questions. 5. Tompkins County Department of Health Department Certificate, if applicable [(607) 274 - 6688]. 6. Description of food items offered for sale. This is considered part of the permit, if approved, for its duration. 7. Description of the mobile vending unit, including a copy of the vehicle registration. A copy of the NYSDMV required automobile insurance for the mobile vending unit is also required. 8. A written waste disposal plan for all trash, water, grease, and other materials. City Staff will review the description, and modifications may be required before a permit will be issued. 9. Proof of 501(C)(3) designation, if applicable. 10. Copy of the Fire Department permit for solid, liquid, or gas fired cooking /heating appliances, if applicable. 11. Vendors wishing to vend in or near city parks must participate in a background check, performed by the City. City staff and Ithaca Police Department will review the results and determine eligibility for vending. Convicted sexual offenders will be automatically disqualified from vending in /near parks and playgrounds. B. Fire Code Requirements Propane usage requires a permit for the use of LPG under Chapter 181: Fire Prevention Code. The permit is available through the City of Ithaca Fire Department. C. Requirements for Propane Usage 1. All propane piping and fittings shall be maintained in accordance with the Mechanical & Fuel Gas Code of New York State. 2. All propane tanks are required to be secured from tampering, damage or upset. All hoses and plumbing between the tank and appliance is required to be protected from being damaged or disrupted and not located in the public way. 3. Cooking and heating equipment shall not be located within five (5) feet of LPG Tanks. 4. Outdoor cooking that produces sparks or grease -laden vapors shall not be performed within five (5) feet from a canopy used for cooking. 5. Minimum one (1) fire extinguisher 10 -B rated, K extinguisher for cooking with vegetable oil. Page 15 6. Fire Treatment Certification or Label required (NFPA 701, ASTM E84, or CPAI 84) for all tents, canopies, and membrane structures used for cooking with LPG. Ground covers under cooking equipment shall be fire resistant, or treated with a fire retardant. 7. Eight (8) feet shall separate cooking trucks using LPG from other buildings 8. Twenty (20) feet shall separate cooking trucks using LPG from other non - cooking trucks or membrane structures. 9. Food trucks can be only grouped with maximum aggregate size of 400 square feet, with like uses. (Non - cooking with non - cooking or cooking with cooking.) Six (6) foot fire breaks between every 400 square feet of grouped trucks. 10. Fourteen (14) -foot fire lane shall be maintained at all times. D. Vendor Responsibilities Vendors receiving permits shall: 1. Comply with all laws, ordinances, and regulations applicable to their business; 2. Properly remove or dispose of all litter and trash created by the vendor's activities and within the vendor's location; 3. Refrain from operating their food truck after the permit expires and when the permit is suspended or revoked; 4. Surrender their permit promptly upon its revocation or suspension; 5. Display a copy of their New York State Sales Tax Certificate on their food truck; 6. Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of Ithaca City streets and property and shall be so duly insured in the minimum amount of $1,000,000; and 7. The Vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. 8. All vendors/permit holders shall cooperate with City of Ithaca employees. VII. Rules of Operation 1. Street Vending Permits are for Food Trucks or Trailers only. Tents are not allowed to be used for vending on City streets. Page 16 2. Vending sites are approximately 25 foot length by 8 foot width and vendors are required to keep all of their equipment within their assigned site. 3. Vendors shall not block or inhibit pedestrian traffic flow nor allow emergency vehicular traffic to be impeded because of vending operations. 4. Vendors may not set up any closer than 100 linear feet from the nearest brick -and- mortar restaurant, or 100 linear feet from any public or private school. 5. Food trucks may not be located any closer to the intersection than the "No Standing Here to Corner' sign. This may be modified according to line of sight, traffic patterns, and evaluation by the City Traffic Engineer. 6. Food trucks must be attended at all times. 7. Vendors set up in locations other than an approved vending site will be subject to two warnings with fines, and then revocation of their street vending permit without refund of fees. 8. No overnight parking (2:00 — 6:00 a.m.) allowed unless otherwise noted. 9. Smoke and /or odors must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of offensive odor into the surrounding environment. 10. Vendors are responsible for trash and waste disposal. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. 11. Vendors shall keep public spaces within a 10 foot radius of their truck clean and free of refuse generated from the operation of their food truck. 12. No music, amplified sound, or repetitive noise may be played by the vendor that can be heard outside of the vending site. 13.The City reserves the right to move vendors for necessary maintenance and repairs on City streets. 14. The City does not provide water, sewer, or electric service to street vendors. 15.Applicant shall indemnify the City of Ithaca and hold it harmless with regard to any and all claims arising from the operation of the site by the food vendor as herein contemplated and permitted. 16.Transfer or sale of any current vending permit is prohibited without authorization from the Superintendent of Public Works. A. Hours of Operation Four (4) separate vending times are available: 1. Breakfast — 7:00 a.m. to 10:00 a.m. Page 17 2. Lunch —10:30 a.m. to 4:00 p.m. 3. Dinner -4:30 p.m. to 9:00 p.m. 4. Late Night — 9:30 p.m. to 2:00 a.m. Vending for Late Night locations may not begin before 10:00 p.m. Vending Zones: 1. Residential sites are for Lunch and Dinner times only. Vending hours are generally 10:00 a.m. to 10:00 p.m. daily. No vending may occur after 10:00 p.m. 2. Business /Commercial sites may be utilized for Lunch, Dinner and Late Night times. No vending may occur after 2:00 a.m. Parking in vending zones is prohibited from 2:00 - 6:00 a.m. 3. Sites specially labeled for breakfast may not be utilized before 7:00 a.m. 4. Vendors scheduled for Late Night Only locations may begin set up at 9:30 p.m. each night. No vending may occur before 10:00 p.m. B. Designated Vending Locations 1. Vending locations shall be authorized by the Board of Public Works. The Board may consider comments from the Parks Commission, city staff and the public. 2. Vending locations shall be posted with appropriate parking regulation signs that indicate the days, times and limitations for parking. Vending locations will be posted as tow away zones in order to assure permittee's use of the site. 3. On- street vending locations will typically be one, two or three vehicle lengths — multiples of 25 linear feet of curbline parking. Parking area vending locations will be comprised of one, two or three spaces with an additional 8 foot wide space located between each vending space. 4. New vending locations may be submitted to the Superintendent of Public Works for consideration by the Board of Public Works. Proposals for additional vending sites must be submitted in writing with a speck description of the site, a drawing showing the nearest intersecting streets and neighboring occupancies (businesses, parks or residences). Once approved by Board resolution, a new vending site will be included in the next vending site lottery. C. Vending Location Assignment 1. Vending locations will be available for up to twelve months. The vending year will be comprised of four quarters (January 1 — March 31; April 1 — June 30; July 1 — September 30; and October 1 — December 31). 2. Vending locations will be assigned by lottery. Lotteries shall be conducted quarterly, approximately twenty days in advance of the next vending quarter. The mobile vending site lottery shall be advertised no less than five calendar days in advance of Page 18 the lottery date. (NB: The first lottery will be held in January 2014 for the first vending quarter starting April 1, 2014.) 3. Participants in the vending site lottery will be randomly assigned the first, second, third, etc choice for selecting a site. In the event that a participant wishes to select more than one site, that participant may make a second selection after all other participants have made a first choice. Participants will retain their spot in the order originally determined. (For example: By random determination, Andy has first choice, Beth has second choice, Cad has third choice and Donna has fourth choice. If Carl wants to make a second selection he must wait until Donna has made her selection and Andy and Beth have had the opportunity to make a second selection.) 4. Participation in the vending site lottery requires prior approval of a street vending permit application as described in Article III, Section A. The street vending permit application must be submitted at least 30 days prior to the vending site lottery date. (NB: Street vending permit applications and permit application fees for the first vending site lottery must be submitted by January 27, 2014. All conditions and requirements of the permit must be satisfied by February 21, 2014. The quarterly permit fee must be paid by February 21, 2014.) 5. Upon assignment of a vending site, the permittee may occupy the site for up to twelve months. If the permittee wishes to retain her /his assigned location continuously for twelve months, quarterly permit fees must be received by the City Chamberlain at least 30 days prior to the end of the quarter. If quarterly vending fees are not received, the permittee will forfeit the site at the end of the quarter and the site will be offered as a vacant site at the next lottery. It is solely the responsibility of the permittee to remit payment in a timely manner. 6. In the event that a permittee wishes to discontinue use of a vending location, the permittee must advise the Office of the Superintendent of Public Works in writing. The permittee may re- submit an approved application for street vending permit in order to participate in the next vending site lottery; no application fee will be charged if the permit is resubmitted within twelve months of its initial approval. Quarterly vending fees are non - refundable. D. Route -based Vendors (ice cream trucks) 1. Ice cream trucks may be allowed in residential neighborhoods, as approved by the Superintendent of Public Works or designee. 2. Ice Cream Truck Applicants must submit a map with the application showing the route(s) that will be followed. 3. Trucks may not stop for more than 15 minutes at a time. All traffic and parking laws must be followed. E. Signage — City Code Chapter 272 1. All signage must follow the rules and regulations specified in City Code Chapter 272. Page 19 August27,2013 t FOOD POLICY 2. Each vendor may place one (1) small sign no further than 50 feet in either direction from their food truck (maximum of 2 signs) within the area between the curb and sidewalk (curb lawn). 3. One "Sandwich Board" may be placed outside of each food truck, per specifications listed in City Code Chapter 272. VIII. Litter Control /Waste Removal 1. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter attached to or within five (5) feet from their trucks. Vendors shall be responsible for the removal of litter or trash placed in their containers. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. 2. Vendors shall keep public spaces within a ten (10) foot radius of their truck clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their food truck. IX. Enforcement A. Violations The City may fine a vendor, or terminate /revoke a street vending permit for cause, including the following: 1. Violations of the Rules of Operation; 2. Dumping in City trash cans, grates, storm sewers, or other areas; 3. Fraud, misrepresentation or false statements in the permit application; 4. Fraud, misrepresentation or false statements made in connection with the selling of food; 5. Violation of any ordinances, regulations or laws applicable to the holder of such a permit; or 6. Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. B. Revocation of Permit If the permit is revoked or terminated for cause, the permit period shall end immediately, and no refund will be issued. Notice of proposed suspension or revocation of a permit for street vending shall be given in writing, setting forth specifically the grounds of the complaint. Any applicant whose permit is revoked under this regulation may not reapply for another permit until the expiration of one year from the date of revocation. Page 110 August 27, 2013 FSTREET VENDING (AKA FOOD TRUCK) POLICY C. Appeals The vendor shall have a right to an appeal hearing on the proposed revocation or suspension before the Street Vending Subcommittee no sooner than ten (10) days after requesting such a hearing in writing. 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