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HomeMy WebLinkAbout08-16-17 City Administration Committee Meeting AgendaIf 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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting. CA Meeting City Administration Committee DATE: August 16, 2017 TIME: 6:00 p.m. LOCATION: 3rd Floor, City Hall, Council Chambers AGENDA ITEMS Item Voting Item? Presenter(s) Time Allotted Chair, Deb Mohlenhoff 1. Call To Order * Note: We will review the number of 15 Min* 1.1 Agenda Review No cards received at the beginning of each 1.2 Review and Approval of Minutes Yes meeting and adjust time if needed. Approval of June 2017 Minutes 1.3 Statements from the Public No 1.4 Statements from Employees No 1.5 Council Response No 2. Consent Items Yes 2.1 YB – Amendment to Budget Yes 5 Min 2.2 Release Contingency Funds for Lobbyist Yes 2.3 Release Contingency Funds for Legal Services Yes 3. Reports 3.1 IPD – Officer Next Door Program No Pete Tyler, Acting Chief 10 Min 3.2 HR – Workers’ Comp and Related Issues No Mike Vitucci, Health & Safety Coord. 15 Min 4. Finance, Budget and Appropriations 4.1 DPW – Approval of Funding for CP#790 Yes Tim Logue, Director of Eng. 10 Min 5. City Administration, Human Resources and Policy 5.1 YB – Amendment to Roster Yes Liz Klohmann, Director 5 Min 5.2 GIAC – Amendment to Roster Yes Leslyn McBean-Clairborne, Director 5 Min 5.3 PBZ&ED – Amendment to Roster Yes JoAnn Cornish, Director 5 Min 5.4 PBZ&ED – Amendment to Roster Yes JoAnn Cornish, Director 5 Min 5.5 DPW – Amendment to Roster Yes Mike Thorne, Supt 5 Min 5.6 DPW – Reallocation of Position Yes Mike Thorne, Supt. 5 Min 5.7 Local Law – Sidewalk Improvement District Yes John Licitra, Sidewalk Prog. Mngr. 10 Min 5.8 Ordinance – Indigenous Peoples’ Day Yes Ducson Nguyen, Council 10 Min 5.9 Ordinance – Amendment to Section 181 Yes Krin Flaherty, Asst. City Attorney 10 Min Food Truck Vending 6. Committees Working Group No 6.1 Rules and Procedures for Advisory No Ari Lavine, City Attorney 10 Min Commissions 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 Controller’s Office at 607-274-6576 at least 48 hours before the meeting. CA Meeting Agenda CONTINUED August 16, 2107 7. 2018 Budget Reminder No All 5 min 8. Meeting Wrap-up All 5 Min 8.1 Announcements No 8.2 Next Meeting Date: September 20, 2017 No All 5 Min 8.3 Review Agenda Items for Next Meeting No 8.4 Adjourn Yes 8:20 p.m. Committee Charge: The CA committee will: Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce environment, intergovernmental relations and human resources. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda - Cover.docx 8/16/17 J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 2. Consent Items .1 Youth Bureau – Amendment to Budget WHEREAS, The Ithaca Youth Bureau is requesting permission to amend the 2017 budget to reflect a donation to the Big Brother Big Sister (BBBS) program in the amount of $9,000, and WHEREAS, The BBBS program provides a valuable program at the Northside Community Center for approximately 120 City Residents since 2014, and WHEREAS, BBBS will be able to continue this program as a result of the donation made now; therefore, be it RESOLVED, That the Ithaca Youth Bureau 2017 budget is amended according to the following: Increase Expenses: A7310-5120-01606 Part-time Seasonal $7,771.35 A7310-9010 Retirement $55.97 A7310-9030 FICA/Medicare $594.51 A7310-9040 Workers Comp. $578.17 $9,000.00 Increase Revenues: A7310-2070-01203 Donations $9,000.00 Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Klohmann, Director Re: 2017 Budget Amendment Date: 8/23/17 The Ithaca Youth Bureau is requesting permission to amend the 2017 budget to reflect a donation made to the Big Brothers Big Sisters program. $9,000 was donated in order to support the Saturday Program held at Northside Community Center. Please approve the following amendment: Increase Expenses: A7310-5120-01606 Part-time Seasonal $7,771.25 Fringe 15.81% $1,228.75 Total - $9,000 Increase Revenues: A7310-2070-01203 Donations $9,000.00 J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 2. Consent Items .2 Finance/Controller – Request to Release Funds from Contingency Account for Grant Lobbyist Services WHEREAS, as part of the authorized 2017 Budget, $20,000 was place in Restricted Contingency to fund the Grant Lobbyist activity of Sustainable Strategies, and WHEREAS, funds were being expended for Grant Lobbyist services in 2017 and need to be transferred to cover the costs; now, therefore be it RESOLVED, That Common Council hereby transfer an amount not to exceed $20,000 from Account A1990 Restricted Contingency to Account A8020-5435 Planning Contracts for the purpose of funding Grant Lobbyist services. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 2. Consent Items .3 Attorney – Request to Release Funds from Contingency Account for Legal Fees WHEREAS, as part of the authorized 2017 Budget, $30,000 was placed in Restricted Contingency for the purpose of future legal services, and WHEREAS, the City will be expending funds on various outside legal services during the remainder of 2017; now, therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $30,000 from Account A1990 Restricted Contingency to Account A1420-5435 Attorney Contracts for the purpose of funding outside legal services. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 4. Finance, Budget and Appropriations .1 A resolution authorizing implementation and funding in the first instance 100% of the federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for the West Martin Luther King Jr. Street Corridor Enhancements , P.I.N. 395050 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design, Construction and Construction Inspection; and WHERAS, on August 7, 2013, Common Council authorized Capital Project # 790 in the amount of $750,000 for the project, with the understanding that the City share would be $150,000, WHEREAS, in December 2014, the Mayor signed a Master Agreement with NYSDOT for preliminary engineering/design in the amount of $130,000, and WHEREAS, the Board of Public Works, acting as the lead agency, declared on May 8, 2017, that the project would not have a significant negative environmental impact in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act, and WHEREAS, NYSDOT has provided a Supplemental Agreement for Construction and Construction Inspection that includes funding for both the original amount of $620,000 (which was authorized by Common Council on August 7, 2013) and an additional $275,000 (which has not yet been authorized), now, therefore, the Common Council, duly convened does hereby RESOLVE, That the Common Council hereby approves the above-subject project; and it is hereby further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design, Construction and Construction Inspection work for the Project or portions thereof, and it is further RESOLVED, That the sum of $275,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That Common Council hereby amends Capital Project # 790, West Martin Luther King Jr. Street Corridor Enhancements, to include the Project costs of $275,000, for a total capital project authorization of $1,025,000, and it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $205,000 of the $1,025,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, This Resolution shall take effect immediately. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .1 Youth Bureau – Amendment to Personnel Roster WHEREAS, the Youth Bureau leadership team has worked hard to draft a strategic plan that will address community needs and high quality services that are both efficient and valued by the community, and WHEREAS, the Youth Bureau requests amendments to the 2017 Roster in order to best meet its needs and support the vision, mission and goals, and WHEREAS, the Youth Bureau has been advised by and worked closely with the HR department throughout the planning process, and WHEREAS, the Civil Service Commission has formally adopted the New Position Duty Statement for a Recreation Program Assistant on July 12, 2017, and WHEREAS, the Recreation Program Assistant position will provide administrative and direct service support to the Recreation Department to meet the needs of our community in a cost effective way; now therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows: Add: One (1) Recreation Program Assistant (35 hours) Delete: One (1) Administrative Assistant (40 hours) and, be it further RESOLVED, That this restructure does not require additional funds from the City and will allow us to optimize our resources and personnel to provide quality services to residents, both now and in the future. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Klohmann, Director Re: 2017 Roster Amendment Date: 8/23/17 During 2017 the Youth Bureau leadership team has worked hard to draft a strategic plan that will address community needs and allow us to provide high quality services that are both efficient and valued by the community. In order to best meet the Youth Bureau needs and support our vision, mission and goals we are requesting an amendment to the 2017 Roster. We have been advised by and worked closely with the HR department throughout the planning process. The Civil Service Commission approved the new position duty statement for a Recreation Program Assistant on July 12, 2017. The following change is made within our approved 2017 budget. In the Recreation Department, we are requesting to un-fund the Administrative Assistant position (40 hours) which is currently vacant and to add a Recreation Program Assistant position (35 hours) to our roster. The new position provide administrative and programming assistance to the Recreation Department To summarize: Un Fund Administrative Assistant (40 hours) Add Recreation Program Assistant (35 hours) This restructure does not require additional funds from the City and will allow us to optimize our resources and personnel to provide quality services to residents, both now and in the future. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .2 GIAC – Amendment to Roster WHEREAS, GIAC has several vacant GIAC Program Assistant, Custodial Worker and seasonal staff positions, some of which are funded and some of which are unfunded, and WHEREAS, the GIAC Administration wishes to rearrange the funding of these positions to better meet the needs of the expanding youth and teen afterschool program, and WHEREAS, GIAC’s 2017 budget as approved has funding to support the reconfiguration of these positions, and WHEREAS, no additional funds are being requested for these positions; now, therefore be it RESOLVED, That the Personnel Roster of GIAC shall be amended as follows: Reduce: one (1) GIAC Program Assistant from 37.5 hours/week to 35 hours/week Add: one (1) GIAC Program Assistant (35 hours/week) two (2) GIAC Program Assistants (25 hours/week) Delete: one (1) GIAC Program Assistant (20 hours/week) one (1) Custodial Worker (17.5 hours/week) and be it further, RESOLVED, That said roster amendments will be made within the existing funds of the 2017 authorized GIAC budget. 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City Administration, Human Resources and Policy .3 Planning, Building, Zoning, and Economic Development - Request to Amend Personnel Roster – Office Assistant WHEREAS, the City of Ithaca’s Building Division has had a temporary office worker for over two years, and WHEREAS, it has become increasingly apparent that there is a need for two people to be in the front office to adequately manage the day to day operations of the Division and WHEREAS, during permit hours, one person is needed to assist applicants with permits while another is needed to answer phones and deal with non-permit related issues and WHEREAS, in the past, there were two and a half administrative positions in the Division, and WHEREAS, the number and complexity of construction projects in the City has seen a significant increase in the past five years resulting in substantially more work in the Division; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Office Assistant at 40 hours and, be it further RESOLVED, That funding for this roster change shall be derived from within the Department of Planning, Building and Development’s existing budget. 1 | Page TO: City Administration Members FROM: JoAnn Cornish, Director of Planning and Development, City of Ithaca DATE: July 12, 2017 RE: Request to Amend Personnel Roster I am requesting a new position be approved in the Building Division, that of Office Assistant. It has been over two years since we hired a temporary employee to help with various tasks in the Building Division and it has become increasingly apparent that there needs to be two people in the front office to adequately manage the day to day operations of the Division. During permit hours, one person is needed to assist applicants with permits while another is needed to answer phones and deal with non-permit related issues. In the past, there were two and a half administrative positions. It was our hope that with the automation of many routine tasks and the merging of Building and Planning, we could reduce the number of administrative staff. However, with the divisions being on two separate floors, and the significant increase in construction projects, we have found this not to be the case. I would be happy to discuss this with you should you need more information or have questions. Thank you for your consideration of this request. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .4 Department of Planning, Building, Zoning, and Economic Development - Request to Amend Personnel Roster – Housing Inspector WHEREAS, recent legislation passed by the Common Council to address the lack of safe and affordable housing within the City was done, in part, to empower tenants to know whether rental units have a current Certificate of Compliance, and WHEREAS, in anticipation of this legislation and a desire to be ready for new tenants, there has been an uptick in the demand for inspections of rental units, and WHEREAS, as a result, the Building Division is falling behind on housing inspections and are now scheduling into December, causing some delays in the ability of property owners to rent their apartments and putting stress on our inspectors, and WHEREAS, currently, the Building Division has one Housing Code Supervisor responsible for conducting inspections on the east side of the city as well as overseeing the work of two housing inspectors; one responsible for the mandated annual inspections of all fraternities and sororities in the city and one responsible for all rental properties on the west side of the city that require inspections every 3 to 5 years, and WHEREAS, as a result of the merging of the Planning and Building Department and its reorganization, the Housing and Land Use Supervisor was promoted to Zoning and Land Use Administrator and a Senior Housing Inspector was promoted to Housing Code Supervisor, leaving only two housing inspectors where there had previously been three, and WHEREAS, two of the three housing inspectors are likely to retire in the next 16 months, and WHEREAS, this is proving to be an almost impossible task and it has become an absolute necessity to hire another inspector that can help us catch up and stay current with inspections, now therefore be it RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Housing Inspector at 40 hours, and be it further RESOLVED, That funding for this roster change shall be derived from within the Department of Planning, Building and Development’s existing budget. 1 | Page TO: City Administration Members FROM: JoAnn Cornish, Director of Planning and Development, City of Ithaca DATE: July 13, 2017 RE: Request to Amend Personnel Roster The intent of recent legislation passed by the Common Council to address the lack of safe and affordable housing within the City of Ithaca was done, in part, to empower tenants to know whether rental units have a current Certificate of Compliance with the City of Ithaca. In anticipation of this legislation and a desire to be ready for new tenants, there has been an uptick in the demand for inspections of rental units. As a result, we are falling behind on our housing inspections and are now scheduling into December, causing some delays in the ability of property owners to rent their apartments. Currently, we have one Housing Code Supervisor responsible for conducting inspections on the east side of the city as well as overseeing the work of two housing inspectors; one responsible for the mandated annual inspections of all fraternities and sororities in the city and one responsible for all rental properties on the west side of the city that require inspections every 3 to 5 years. Additionally, as a result of the merging of the Planning and Building Department and its reorganization, the Housing and Land Use Supervisor was promoted to Zoning and Land Use Administrator and a Senior Housing Inspector was promoted to Housing Code Supervisor, leaving only two housing inspectors where there had been three. This is proving to be an almost impossible task and it has become an absolute necessity to hire another inspector that can help us catch up and stay current with inspections. I would be happy to discuss this with you should you need more information or have questions. Thank you for your consideration of this request. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .5 DPW - Amendment to Personnel Roster – Commons Maintenance Supervisor WHEREAS, reconstruction of the Ithaca Commons is a significant investment in our downtown, requiring a higher level of maintenance and oversight to protect and enhance its value, and WHEREAS, the increased maintenance requirements for the Commons necessitates a reorganization of DPW staff and supervisory responsibilities; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Ithaca Commons Maintenance Supervisor and be it further RESOLVED, That the Working Supervisor – Parking, Building and Grounds position that is currently authorized on the Department of Public Works Personnel Roster be retained on the Department of Public Works Personnel Roster in a vacant, unfunded capacity until the employee who is being promoted into the Ithaca Commons Maintenance Supervisor position has successfully completed the civil service examination process for the Ithaca Commons Maintenance Supervisor position, and be it further RESOLVED, That the position of Ithaca Commons Maintenance Supervisor shall be assigned to the City Executive Association bargaining unit at salary grade 6, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. 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City Administration, Human Resources and Policy .6 DPW - Reallocation of Position – Supervisor of Water and Sewer Operations WHEREAS, the Supervisor of Water and Sewer Operations position recently became vacant through retirement, and WHEREAS, the DPW administration took this opportunity to review and update the position’s responsibilities and qualifications to reflect the current needs of the Water and Sewer Division of the Department of Public Works, and WHEREAS, the Human Resources Department has evaluated the updated position and determined that its increased point factor rating results in the reallocation of the position to a higher salary grade, now, therefore, be it RESOLVED, That the position of Supervisor of Water and Sewer Operations be reallocated from Grade 7 to Grade 8 of the City Executive Association Compensation Plan, and be it further RESOLVED, That funding for this reallocation shall be derived from within the existing Water and Sewer Division budget. 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City Administration, Human Resources and Policy .7 Proposed Local Law - Confirmation of Sidewalk Improvement District Assessment Local Law No. ____-2018 A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2018” WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2018, subject to review, amendment, and confirmation by the Common Council, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2018, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Office of City Engineer Telephone: 607 / 274-6530 Fax: 607 / 274-6415 TO: City Administration FROM: Johnathan Licitra, Sidewalk Program Manager DATE: 8/9/2017 RE: 2018 Sidewalk Improvement District Work Plan and Budget Attached for your review are the 2018 Sidewalk Improvement District (SID) work plans, assessment roles, and budget. A link to the 2018 assessment role is also provided here, as the document is too large to attach (http://www.cityofithaca.org/219/Sidewalk-Policy). At your August Aug 16th meeting, I will request your approval to file a schedule of work, assessment roles, and budget with Common Council. These materials would have been approved by the Board of Public works at their August 14th, 2017 meeting. A public hearing on the budget, assessment roles, schedule of work, and local law can occur on the Sept 6, 2017 Common Council meeting. The 2018 Work Plan budget was created based on the aforementioned assessment role and reflects all credits for past work that were received before the May 1, 2017 application deadline. The costs for each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received and field conditions, which could increase or decrease the amount of work completed in the 2017 work plan. It is possible that issues unknown at this time might arise that will prevent some of these construction projects from moving forward during the 2018 construction season. Conflicts with other construction projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design efforts might identify construction barriers that will impact costs or make some projects technically infeasible. To proactively address any of the above potential construction issues and cost uncertainty—a contingency list of construction and design projects are included at the bottom of each sidewalk district. These projects could replace locations in the work plan, if needed, or add to the project list if additional budget is available based on bid prices. For many of the district work plans, a Future Collaboration list exists. This secondary contingency list is intended to combine sidewalk design plans with City Street and/or Water/Sewer repair work. Additionally, this list can be used to pursue future grant applications for new sidewalk construction. "An Equal Opportunity Employer with a commitment to workforce diversification." Some specific project details: Dewitt Park Farmers Market will collaborate with Jean Grace to improve the sidewalk and tree lawn area for merchants and the community. Select street landscaping will look to alleviate the current muddy conditions. The 100 block of East Spencer Street will combine with the 2015 Capital Project to replace the retaining wall and sidewalk on both sides. A goal will be to bid this job early in January 2018 and to limit constructions impacts for June-July. Three hundred block of Floral Avenue will get a new sidewalk addition which will connect existing sidewalk to approximately 500 feet of new sidewalk to the Towerview Apartments. Also in District 5, SID funding will cover 20% cost sharing with the Federal Aid Transportation Alternatives Program (TAP) Grant for the Hector Street Complete Street Project for the survey and design costs. Construction for this project will be scheduled in 2019. Proposed 2018 SID budgetsDistrict12345TOTALExpected SID Levy158,921$ 150,883$ 266,703$ 164,802$ 114,567$ 855,876$ Admin & 5% DPW28,705$ 27,253$ 48,172$ 29,767$ 20,693$ 154,589.91$ Insurance2,785$ 2,644$ 4,674$ 2,888$ 2,008$ 15,000$ Subtotal - funding available 127,431$ 120,986$ 213,856$ 132,147$ 91,866$ 686,286$ Capital Projects4,200$ 4,200$ Balance for 2018 work plan 127,431$ 120,986$ 213,856$ 127,947$ 91,866$ 682,086$ Construction110,075$ 91,800$ 185,050$ 90,950$ 34,400$ 512,275$ % of Balance86%76%87%71% 37%Design-$ 14,000$ -$ 22,000$ 48,000$ 84,000$ % of Balance0%12%0%17% 52%Construction Inspection15,407$ 13,992$ 25,872$ 14,817$ 8,859$ 78,948$ 12%12%12%12% 10%Miscellaneous1,949$ 1,194$ 2,934$ 180$ 607$ 6,863$ Maintenance/Const/Design2%1%1%0% 1%updated 24 July 2017 2018 PROPOSED Sidewalk Work Plan and BudgetDistrict OneSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Ridgewood Rd East36017$ 30,600$ 500 Thurston / Wait Ave North / West17017$ 14,450$ 200 Thurston Ave South17017$ 14,450$ 100 Linn StEast22017$ 18,700$ 200 Linn StEast12017$ 10,200$ 400 Linn StEast13017$ 11,050$ 500 Linn StWest12517$ 10,625$ 1,295Subtotal 110,075$ Design projects-$ TOTAL110,075$ 112,024$ ContingencyConstruction200 Wyckoff AveEast13017$ 11,050$ 500 N Aurora StWest30017$ 25,500$ 600 Willow St East22020,000$ 200 Franklin StNorth22020,000$ Design projects100 Fall Creek Dr Either45010,000$ Total Contingency86,550$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100 Thurston Ave North120,000$ City BlockAppr. Length of sidewalk (linear feet) 2018 PROPOSED Sidewalk Work Plan and BudgetDistrict TwoSide of StreetEstimated SF cost Cost Available BudgetConstruction100 Blair StEast41017$ 34,850$ 100 Ferris PlEast25017$ 21,250$ 800 E. State StNorth22017$ 18,700$ 100 Cobb StEast15017$ 12,750$ 100 Brandon Pl East 50 17$ 4,250$ 17$ 1,080Subtotal 91,800$ Design projects100-400 College Ave Both 1700 14,000$ TOTAL 105,800$ 106,994$ ContingencyConstruction200 Ridgedale Rd North 250 17$ 21,250$ 300 Stewart Ave East 50 17$ 4,250$ Design projects500-900 Giles St Either 1700 14,000$ Total Contingency 18,250$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects1100 E. State StSouth450120,000$ 400 Oak AveNorth900244,000$ Elmwood & Valley Rd (bordering the school) 600165,000$ City BlockAppr. Length of sidewalk (linear feet) 2018 PROPOSED Sidewalk Work Plan and BudgetDistrict ThreeSide of StreetEstimated SF cost CostAvailable BudgetConstruction100 W Court StSouth30017$ 25,500$ 100 Ferris PlWest32017$ 27,200$ 100 N & S Cayuga StEast & West 40017$ 34,000$ 600 W Green StSouth10017$ 8,500$ 300 W Buffalo StNorth6017$ 5,100$ 500 First StWest10017$ 8,500$ 200 E Buffalo StNorth5017$ 4,250$ 100 Sears St / E Court St & 3 Ramps West10037,000$ Dewitt Park Tree LawnWest/South20035,000$ 1,630 Subtotal185,050$ Design projectsTOTAL 185,050$ 187,984$ ContingencyConstruction500 W Clinton StNorth34017$ 28,900$ 100Lake AveWest42017$ 35,700$ 400Adams StSouth15017$ 12,750$ 500 W Green StSouth16017$ 13,600$ 200 N Geneva StEast10017$ 8,500$ 300 W Buffalo StSouth8017$ 6,800$ Design projectsTotal Contingency77,350$ Future Collaboration with City Streets' Crews/Grant Money/Captial ProjectsCity BlockAppr. Length of sidewalk (linear feet) 2018 PROPOSED Sidewalk Work Plan and BudgetDistrict FourSide of StreetEstimated SF cost CostAvailable BudgetConstruction100 E Spencer St North & South 570 17$ 48,450$ 500 S Albany StWest22017$ 18,700$ 600 S Albany StWest6017$ 5,100$ 400 S Geneva StEast22017$ 18,700$ 1,070 Subtotal90,950$ Design projects200-300Giles StEither225014,000$ 500-600 Hudson StWest6758,000$ 2,925 Subtotal22,000$ TOTAL112,950$ 113,130$ ContingencyConstruction300 Pleasant St South 370 17$ 31,450$ 100 Hawthorne Pl North35017$ 29,750$ 300 Wood StSouth46017$ 39,100$ Design projects700 Cecil A Malone Dr South 775 8,000$ Total Contingency 108,300$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects400 Hillview Pl South650223,000$ 600-700 S Aurora StEast1650190,000$ 800 S Aurora StBoth650217,000$ 100 Giles StSouth450360,000$ City BlockAppr. Length of sidewalk (linear feet) 2018 PROPOSED Sidewalk Work Plan and BudgetDistrict FiveSide of StreetEstimated SF cost CostAvailable BudgetConstruction300 Floral Ave West43016$ 34,400$ 430Subtotal 34,400$ Design projects100-1100 Hector St North/East715048,000$ TOTAL82,400$ 83,007$ ContingencyConstruction700 W Court St North5017$ 4,250$ 300 N Meadow St West8017$ 6,800$ 400 N Meadow St West4017$ 3,400$ 500 N Meadow St West4017$ 3,400$ Design projectsTotal Contingency17,850$ Future Collaboration with City Streets' Crews/Grant Money/Captial Projects100-1100 Hector St North/East71501,700,000$ Elm St & Chestnut St Intersection (bordering school)40,000$ City BlockAppr. Length of sidewalk (linear feet) CODDINGTON RDN TIOGA STW I L L O W A V E JAKE STREUBEN STGUSSIE STHANCOCK STCASCADILLA STMADISON STTURNER PLVALLEY RDMARY STFI F T H S TCL I F F S T E FALLS ST WA I T A V E OAK AV E VALENTINE PLWILLIAMS STBARTON PLAUBURN STFAIRGROUNDS MEM O RI A L P K W Y OSMUN PLFLORAL AVECAMPUS RD KLINE RD ELMIRA RDHOY RDCOLLEGE AVEW YATES ST HOMESTEAD RD HEIGHTS CT SISSON PL C R E S C E N T P L IRVING PL E LINCOLN ST E SPENCER STADAMS STFOUNTAIN ST WILLARD WAYELM STCOLUMBIA ST CLIF F P A R K R D GRANDVIEW AV E CORNELL STE YATES ST FARM ST E MARSHALL ST FAIR STE CLINTON ST MANN DR F O U R T H S T MA R Y A N N W O O D D RWEST AVEK E L V I N P L HUDSON STSTEWART AVET H I R D S T DRYDEN RD WORTH STORCHARD PL COOK ST MITCHELL ST SOUTH ST DEWITT PLTHE KNOL L EDGECLIFF PL WOOD ST EDDY STS E C O N D S T SUNRISE RDEAST AVECO R N E L L A V E COTTAGE PLCHESTNUT STSAGE PLFAIRMOUNT AVE W LINCOLN STDELAWARE AVEEL M W O O D A V E ELSTON PLELMCREST CIRBRINDLEY STW CLINTON ST PEARSALL PL ESTY ST CENTER ST W BUFFALO ST W COURT ST W SENECA ST W STATE ST BOOL ST WATER STFRANKLIN STS TITUS AVE T H U R S T O N A V E BR Y A N T A V E E TOMPKINS ST E LEWIS ST E JAY ST H E C T O R S T TRIPHAMMER RDWILLETS PLMILLER ST S CORN STE SENECA STN MEADOW STN PLAIN STN CORN STE BUFFALO STN AURORA STBROOK F I E L D R D N CAYUGA STFOUNTAIN PLS AURORA STHUDSON ST EXT E COURT ST KING ST QUEEN ST N QUARRY STWOO D C R E S T T E R EASTWOOD TERPARKER STS MEADOW STGLEN PLD E Y S T TAUGHANNOCK BLVDW LEWIS ST LAMBETH WAY MAPLE AVEWYCKOFF AVEGARDEN AVECOBB STPEARL STS F U L T O N S TRICHARD PL HUDSON HTS N W ILLARD WAY CASCA D I L L A A V E S ALBANY STFI R S T S TN TAYLOR PLS CAYUGA STJAMES STWASHINGTON STALICE M ILLER WAY CECIL A MALONE DR HARVARD PL TRE V A A V ES QUARRY STUTICA STE GREEN ST UNIVERSITY AVE L O D G E W A Y VINEGAR HLW YORK ST LLENROC CTFAYETTE STNEED H A M P L RENZETTI P LS PLAIN STW SPENCER STCAS S P A R K A C C E S S R O A D W GREEN ST HOOK PL BRIDGE STN GENEVA STN ALBANY STPARK PLSOUTH AVE HAWTHORNE PLN FULTON STF A L L V I EW T E R SCHUYLER PLSAGE AVEHOMESTEAD TERTERRACE PLLAKE STPARK ST TABER ST E YORK ST EAST W O O D A V E HOPPER PL EDGEMOOR LN PROSPECT STTAYLOR PLHIGHL A N D P L PLEASANT ST HIGHLAND AVEL A K E A V E HYERS ST CLEVELAND AVE CATHERINE ST W FALLS ST ROBERTS PL SPENCER RDSTATE ROUTE 13 SOAKWOOD LNS GENEVA STLINN STSOUTH HILL TERRHODES DRSTATE ROUTE 13 NE ST A T E S T HILLVIEW PL WE S T M O U N T D R WEST VILLAGE PLITHACA RDFALL CREEK DR GIL E S S T CORNELL WALKTOWER RD RIDGEDALE RD ABBOTT LNLINDEN AVEWARREN PLRIDGEWOOD RDPARK RDN TITUS AVE MC G R A W P L CARPENTER CIRPIER RD WESTWOOD KNLCAMPBELL AVE HUDSON PLHALLER BLVDCHERRY STCRADIT FARM DR FOREST HOME DR 600 100 100 <100 400 100 500200 1000 500 900 800 700 200 300 400 600 800 600 400 300 200 200300 300 500 100 100 300 200 100 100 200 400 500 100 600 500 1100 2018 Proposed Sidewalk and Curb Ramp ConstructionCity of Ithaca, NY NY State Plane, Central GRS 80 Datum Map Source: Tompkins County Digital Planimetric Map 1991-2017 Data Source: City of Ithaca Department of Engineering, 2017 Map Prepared by: GIS Program, City of Ithaca, NY, June, 2017 ±0 500 1,000 Feet 100 New Sidewalk Construction Existing Sidewalk Replacement Design Sidewalk Project Roads Waterway City Border SID Districts 1 2 3 4 5 1 2 3 4 5 100 500 100 J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .8 Proposed Ordinance - Recognition of Indigenous Peoples’ Day Ordinance No. 2017- ___ An ordinance recognizing the second Monday of October as “Indigenous Peoples’ Day” WHEREAS the City of Ithaca (the “City”) recognizes that the Indigenous Peoples of the lands now known as the Americas have occupied these lands since time immemorial, and WHEREAS the City recognizes that Ithaca is built upon the homelands, villages, and burial grounds of the Indigenous peoples of the Cayuga Nation and the Haudenosaunee Confederacy, and WHEREAS, the City acknowledges that on November 11, 1794, the (New York) Cayuga Nation along with the other Haudenosaunee Nations signed the Treaty of Canandaigua with the United States, by which they ceded much of their lands to the United States, and WHEREAS the City values the many contributions made to this community through Indigenous Peoples’ knowledge, labor, technology, science, philosophy, arts, and the deep cultural contribution that has helped shape the character of the community, and WHEREAS the City promotes equality for all Indigenous Peoples and honors our nation’s indigenous heritage, history, and contributions, and WHEREAS the City is committed, through its diversity statement and anti-discrimination policies, to promote an environment where all may achieve their full potential; and WHEREAS Indigenous Peoples’ Day was proposed in 1977 at the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas to promote Native American culture and commemorate the history of Native American peoples; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. The City currently recognizes the second Monday of October as “Columbus Day.” 2. It is desirous for the City to now recognize the second Monday of October as “Indigenous Peoples’ Day” for the reasons described above. Section 2. Recognition of “Indigenous Peoples Day” and Amendment of § 346-1(B), “Holidays.” On the second Monday in October, the City shall recognize “Indigenous Peoples’ Day” and shall encourage the celebration of this day in a manner that promotes respect, understanding, and friendship; combats prejudice and bias; works to eliminate discrimination stemming from colonization; and acknowledges our history. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 As such, the definition of “Holidays,” set forth in subsection 346-1(B) the City of Ithaca Municipal Code, is hereby amended as follows: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day Indigenous Peoples’ Day (second Monday in October), Veterans Day, Thanksgiving Day and Christmas Day. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ducson Nguyen, Second Ward Telephone: 607-269-7877 dnguyen@cityofithaca.org Fax: 607-274-6432 August 4, 2017 Dear Colleagues, I am proposing that the City of Ithaca celebrate Indigenous Peoples’ Day annually on the second Monday of October and that a reference to Columbus Day in city code be amended to instead refer to Indigenous Peoples’ Day. Attached for your consideration is an ordinance effecting that change. Indigenous people have occupied Ithaca for thousands of years. The Cayuga Nation, one of the five original constituents of the Haudenosaunee or Iroquois Confederacy, controlled this area when Europeans made contact. The lake upon which Ithaca sits and which brought much of the city’s early economic prosperity is named for these people. Over time, Saponi, Tutelo, and Tuscarora Indians would settle in and around our city 1. In 2015 Kurt A. Jordan, an associate professor in Cornell University’s department of anthropology and American Indian studies, found evidence suggesting that several parts of Ithaca lies above ancient burial grounds of Haudenosaunee Indians2. This rich native history takes a dark turn in 1779 when the Sullivan Expedition, a major military campaign to expel the Iroquois from this area, was ordered by General George Washington. The general’s orders were to “lay waste all the settlements around, with instructions to do it in the most effectual manner, that the country may not be merely overrun, but destroyed. But you will not by any means listen to any overture of peace before the total ruinment of their settlements is effected.3” The campaign devastated the confederacy’s crops and villages. Following the expedition there were a series of treaties with the federal and New York State regarding the Haudenosaunee lands. The last of these was the Treaty of Canandaigua, still in effect today as the federal government continues to make payments of calico cloth to the Six Nations. Cayuga Nation land is still under dispute, and our colleague George knows much more about that. While the lake, street names, a mural depicting aspects of Haudenosaunee culture on the Seneca Street parking garage4, the annual First Peoples’ Festival held in conjunction with the Apple Harvest Festival, and other past and present celebrations of indigenous culture do exist here in our city, I believe we can do more to acknowledge and honor the people 1 https://en.wikipedia.org/wiki/Ithaca,_New_York 2 https://ithacavoice.com/2015/09/much-of-ithaca-built-on-top-of-indian-burial-grounds-cornell-prof-finds/ 3 https://en.wikipedia.org/wiki/Sullivan_Expedition 4 http://www.ithaca.com/news/honoring-history-mural-aims-to-educate-raise-awareness-about- haudenosaunee/article_5a8bfcde-f965-11e2-a3d0-001a4bcf887a.html whose lands we now reside upon. Columbus Day aims to celebrate Christopher Columbus’ arrival in the Americas, an occasion that kicked off centuries of exploration and colonization. While those of us not descended from indigenous peoples have undoubtedly benefited from that colonialism, Columbus delivered violence, enslavement, disease, and European land grabs to this continent. Columbus never set foot in North America and has no relevant ties to Ithaca in particular. Many of our constituents and I believe the second Monday of October is better suited to celebrate the history and enduring cultural contributions of indigenous peoples. In 1977 at the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas in Geneva, Switzerland, a delegation of indigenous Americans began formulating what is now known as Indigenous Peoples’ Day. The day celebrates indigenous culture, acknowledges injustice towards indigenous peoples, and highlights needs of indigenous communities. In recognizing this day we’d be joining a long and illustrious list of municipalities that also acknowledge the celebration5. Tompkins County celebrated Indigenous Peoples’ Day in 2016 and the Cornell Student Assembly and University Faculty Senate have passed resolutions recognizing the day. I am grateful to Schelley Michell-Nunn and Ari Lavine for composing the bulk of the ordinance text and to the indigenous people and their allies who are supporting this measure. 5 https://en.wikipedia.org/wiki/Timeline_of_support_for_Indigenous_Peoples%27_Day J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 5. City Administration, Human Resources and Policy .9 Proposed Ordinance: Food Truck Legislation and Amend Sections of Chapter 181 “Fire Prevention” ORDINANCE NO. 2017- An Ordinance Amending Chapter 181 of the City of Ithaca Municipal Code Whereas, the Ithaca Fire Department is interested in addressing certain fire and safety issues raised by the increasing number of Mobile Food Vending operations within the City, and Whereas, Mobile Food Vending operations are not regulated by any existing state or local laws, and Whereas, there have been reported injuries to operators and the public as the result of fires, explosions and accidental carbon monoxide poisonings, involving Mobile Food Vending operations at various location in the United States, and Whereas, other municipalities have taken steps to address the fire safety concerns posed by Food Trucks and the equipment that is often used by such vendors, and Whereas, Common Council previously instructed the Fire Chief, in consultation with the City Attorney and other City Departments and relevant authorities, to study and develop fire safety rules for Mobile Food Vending, to examine regulatory measures enacted by other municipalities, obtain feedback from Mobile Food Vendors, and consult with other fire and safety authorities to structure a City-wide system for regulating Mobile Food Vending with regards to fire safety, and Whereas, in the process of developing such fire safety rules for Mobile Food Vending, the Fire Department has identified other sections of Chapter 181 “Fire Prevention” requiring updates and clarification, now it be, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. Due to an increasing number of Mobile Food Vending operations within the City, the Ithaca Fire Department has raised legitimate public safety concerns related to the risk of fires, explosions and accidental carbon monoxide poisonings. 2. Mobile Food Vending operations are not currently regulated by any state or local statute. 3. The regulations enacted by this ordinance would implement standards recommended by the National Fire Protection Association for Mobile Food Vending operations in order to allow the City to best protect the public and vendors from the risks associated with Mobile Food Vending. 4. In addition to the Mobile Food Vending fire safety regulations, certain provisions of Chapter 181 “Fire Prevention” are in need of updates and clarification to reflect current practice and fire code standards. These amendments have been included with this ordinance. Section 2. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” is J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 hereby amended to add a new subparagraph to Section 181-9(E)(13). Such subparagraph shall read as follows: (13) Food Trucks and other Mobile or Temporary Cooking Operations. (a) A Mobile or Temporary Cooking Operation, as used in this Chapter, is defined as any cooking facility, apparatus or equipment, being operated on a one-time or interim basis, or for less than 90 days in the same location, other than at a fixed location, building or structure which has been inspected and permitted under another section of this code, regulation or statute, inclusive of self-propelled trucks and vehicles, trailered units, push carts, equipment located under cover of awnings, canopies or pop-up tents, or other structures for which a building permit has not been issued. (b) A Food Truck, as used in this Chapter, is defined as any motor vehicle, trailer or enclosed cart, which a person or persons may enter and work inside, and from which food is prepared, cooked and served. (c) Any Food Truck used for the preparation and serving of food within the City of Ithaca must obtain and display an operating permit as described in this Chapter. (d) The required operating permit shall be obtained from the Chief of the Fire Department or the Chief’s designee. This Food Truck operating permit is separate from, and shall be obtained in addition to, any other permit that may be required or issued by New York State, Tompkins County, or the City of Ithaca. (e) Regulations governing the operation and use of Mobile or Temporary Cooking Operations, and specifically Food Trucks shall be as specified in § 181-10 of this Article, the Uniform Fire Code of New York State, and the International Fire Code. (f) Validity of operating permit. An operating permit for a Food Truck shall expire on December 31st of the year of issuance, provided that the Food Truck is operated, maintained, tested, and inspected in accordance with the requirements of this Article. (g) The operating permit issued by the Ithaca Fire Department shall be posted in public view from the exterior of the Food Truck for which the operating permit was issued. Section 3. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to add a new Section 181-10 entitled “Mobile or Temporary Cooking Operations”. Such section shall read as follows: § 181-10 Mobile and Temporary Cooking Operation Fire Safety A. The following provisions shall apply to any Mobile or Temporary Cooking Operation, generally: 1. Tents, booths, tables, Food Trucks and equipment associated with a Mobile or Temporary Cooking Operation shall be placed so as not to obstruct fire lanes, fire hydrants, fire department connections or required egress paths. 2. All tents and membrane structures and their appurtenances; sidewalls, drops and tarpaulins, floor coverings, bunting and combustible decorative materials shall meet the flame propagation performance requirements of National Fire Protection J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 Association (NFPA) standard NFPA 701 or equivalent. 3. Cooking appliances shall be isolated from the public by at least 5 feet or a suitable barrier placed between the cooking appliance and the public. 4. Open flame or other devices emitting flame, fire, heat or any flammable or combustible liquids, gas, charcoal or other cooking device shall not be permitted inside or located within 20 feet of a tent or membrane structure unless otherwise approved by the Fire Department. 5. Fryers or other appliances having combustible liquids heated by LPG, electricity or solid fuels shall not be permitted under tents or other membrane structures. 6. Portable Fire Extinguisher Requirements: a. Each Mobile or Temporary Cooking Operation shall have at least one 2A:20BC rated fire extinguisher on site. b. Fire Extinguishers shall be located so as to be conspicuous and easily accessible for use. c. Fire Extinguishers shall be fully charged and bear a current inspection tag or a receipt of purchase within the last 12 months. d. A class K Fire Extinguisher shall be required for any Mobile or Temporary Cooking Operation using a deep fat fryer. 7. Electric Generator Requirements. a. Portable generators shall be U.L. listed. b. Portable generators shall be marked to show that the neutral is bonded to the frame. c. Generators shall be separated from tents and other membrane structures by a minimum of 20 feet, unless otherwise approved by the Ithaca Fire Department, and protected from contact by the public by fencing, enclosure or other approved means. Fuel supplies shall be properly stored, in approved containers and away from sources of ignition. d. Refueling shall be conducted only when generator is shut down and engine surface has cooled below the auto ignition temperature of the fuel. e. Generator exhausts shall be directed away from mobile cooking operations, air intakes, exits and openings, and in such a manner that the public is not adversely affected by the exhaust. f. Vehicle mounted generators or on-board generators must be grounded as specified in the National Electrical Code provisions pertaining to Portable and Vehicle-Mounted Generators. 8. Electrical System Requirements. a. The electrical distribution and wiring systems shall be in good condition. b. All electrical cords shall be listed for outdoor use and maintained in good condition without splices, deterioration or damage. c. All connections shall be protected from rain or water. d. Extension cords shall be plugged directly into an approved receptacle, power tap or multi plug adapter and except for approved multi plug extension cords, shall serve only one portable appliance. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 e. The ampacity of the extension cord shall be not less than the rated capacity of the portable appliance supplied by the cord. B. Food Truck Operating Permit – Food Truck vendors shall be required to obtain, maintain, and display an operating permit. To obtain and maintain an operating permit, Food Trucks shall comply with the following requirements: 1. Demonstrated compliance with the provisions of subparagraph (A) above, applicable to all Mobile or Temporary Cooking Operations. 2. Safety training requirement. All Food Truck vendors shall be required to attend a safety class offered free of charge by the Ithaca Fire Department (“IFD”). Certification will be good for 3 years. At least one person certified by the IFD as having been trained shall be with the Food Truck at all times that it is in operation as a food vending site. Identification will be provided to identify certified workers. Equivalent certification from another fire department or municipality will also be acceptable. Training shall include: Proper use of portable fire extinguishers and extinguishing systems; Proper method of shutting off fuel sources; Proper procedure for notifying the local fire department; Proper refueling; How to preform leak detection; and Fuel properties. 3. Inspection requirement: All Food Truck vendors shall be required to pass an annual fire inspection conducted by the Ithaca Fire Department and obtain an IFD Food Truck Operating Permit, which shall be available for inspection at all times. Vendors may be subject to additional spot check inspections at festivals and other times they are open for business. 4. The following shall be required for all Operating Permit applications submitted on or after January 1, 2018: a. Fuel Gas, Liquid Propane Gas (LP-Gas), and Equipment Installation shall meet the requirements NFPA 58 and Annex B of NFPA 96, this Chapter, as well as any other applicable standards as determined by the Ithaca Fire Department. i. LP-Gas cylinders shall be secured in the upright position and shall not be transported or stored inside the vehicle. ii. The LP-Gas supply system, including the cylinders, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle, but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle that is below the level of the vents. iii. LP-Gas cylinders shall be mounted securely on the vehicle or within the enclosing recess or cabinet. iv. If installed on the rear of the Food Truck, LP-Gas cylinders shall be installed above the height of the rear bumper, such that the bottom of the tank(s) is at least 46” above the ground, and all parts of the tank are forward of the edge of the rear bumper. v. LP-Gas cylinders shall not be installed on the roof of the vehicle. vi. A flexible connector shall be installed between the regulator outlet and the fixed piping system to protect against expansion, contraction, jarring J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 and vibration strains. vii. Flexibility shall be provided in the piping between a cylinder and the gas piping system or regulator. viii. Piping used for LP-Gas shall be listed for use with LP-Gas. ix. LP-Gas shall not be used to operate equipment unless such equipment is listed for use with LP-Gas. x. There shall be a quarter turn manual gas ball valve installed within the LP-Gas piping for emergency shut off use. Such valve shall be installed on the exterior of the vehicle and readily accessible. xi. Gas powered appliances shall be equipped with shut off valves. xii. LP-Gas systems shall be inspected for leaks prior to each use. xiii. A permanent caution plate shall be provided, affixed either to cooking appliances or the vehicle, outside of any enclosure and adjacent to the container(s), and shall contain the following items: “Caution! Be sure all appliance valves are closed before opening container valve. Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. Never use a match or flame to check for leaks. Container valves shall be closed when the equipment is not in use.” b. Flammable Gas Detector. All enclosed Food Trucks using propane or other flammable gas must be equipped with a flammable gas detector listed for detecting propane or other flammable gases, and must be tested per manufacturer’s instructions. Documentation of testing shall be provided to IFD upon request/inspection. c. Carbon Monoxide Alarm. All enclosed Food Trucks which have a non-electric heat source and where open flames are used, must be equipped with a carbon monoxide alarm listed for detecting carbon monoxide. Carbon monoxide alarms must be tested per manufacturer’s instructions. Documentation of testing shall be provided to IFD upon request/inspection. d. Portable Fire Extinguishers. Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use. Portable fire extinguishers shall bear a current inspection tag validated within the past 12 months or a receipt of purchase within the past 12 months shall be available for inspection. Portable fire extinguishers shall be provided per NFPA 96 for cooking operations and/or any other applicable standard. A “K” type extinguisher shall be provided when vegetable oils and animal oils and fats are used. A minimum of one 2A:10BC portable fire extinguisher shall be provided when a generator or other fuel fired appliance is used. e. Egress Requirements. i. Egress paths and doors within the Food Truck must be unobstructed and available for instant use. ii. Appliances must be arranged such that a fire at any appliance will not J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 block egress from the vehicle f. General Fire Safety. i. Food Trucks shall be parked at least 10 feet from buildings, vehicles or combustibles unless otherwise approved by the Fire Chief or designee. ii. Wheel chocks shall be provided to prevent Food Trucks from moving. iii. Food Trucks shall be parked so as not to block fire hydrants, fire lanes, fire department connections, and exits. iv. The inside of any Food Truck must be clean and free of accumulated grease on interior surfaces. 5. Ventilation System Requirements. The following Ventilation System requirements shall go into effect for all Operating Permit applications submitted on or after January 1, 2019, unless these minimum standards are superseded by state or other applicable regulations prior to that date: a. Food Trucks which produce smoke or grease laden vapors will be required to have a ventilation hood installed per the applicable requirements of the Mechanical Code of New York State. b. Food Trucks which produce steam vapors will be required to have a ventilation hood installed per the applicable requirements of the Mechanical Code of New York State. c. Hood/ventilation system must be kept clean and free of grease. 6. Hood/Suppression System Requirements. The following Hood/Suppression System requirements shall go in to effect for all Operating Permit applications submitted on or after January 1, 2020, unless these minimum standards are superseded by state or other applicable regulations prior to that date: a. Food Trucks with ventilation hoods installed per the requirements of Subsection J(1) shall have a hood fire suppression system installed per the applicable requirements of the Fire Code of New York State pertaining to alternative fire suppression systems. b. Hood fire suppression system must maintained per the requirements of the International Fire Code. c. Upon activation of any fire extinguishing system for a cooking operation, all sources of fuel and electrical power that produce heat to all equipment requiring protection by that system shall automatically shut off. d. Shut off devices shall require manual reset. C. Failure to comply with any of the provisions of this subsection, including inspection requirements, may result in denial of the application for or termination of the operating permit. Section 4. Section 181-17(B) is hereby amended as follows: 181-17 B. Key boxes shall be required for all new and existing buildings, other than one- or two-family dwellings, that have fire alarm systems. and/or fire detection systems that are or will be interconnected with the Fire Department. Alarm system interconnects include but are not limited to municipal fire alarm, radio, telephone leased line, telephone dialer or central station systems. J:\DRedsicker\AGENDAS\City Admin Committee\2017\8-16 - Agenda.docx 8/16/17 Section 5. Severability. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall take effect on the later of (i) September 6, 2017 and (ii) publication of notice as provided in the Ithaca City Charter. Advisory Commission Rules of Procedure Page 1 of 11 Rules of Procedure for City of Ithaca Advisory Commissions I. General Rules and Procedures a. Enacting Authority and Amendments. These Rules of Procedure govern the membership and meetings of the Public Safety and Information Commission, the Community Life Commission, the Mobility, Accessibility, and Transportation Commission, and the Parks, Recreation, and Natural Resources Commission (collectively, the “Commissions”). These Rules are adopted by the Common Council pursuant to “City Code” § 8-9. Any amendment of these Rules is subject to Council approval. b. Duties and Expectations. The following are the duties and expectations for the Commissions’ Chairperson, Commissioners, Advisors, and Common Council Liaisons: i. Commissioners. The Commissioners are expected to have experience, interest, or expertise in one or more subject matter areas considered by the Commission on which they serve and shall strive to educate themselves on, and take interest in, issues impacting the City and its residents within the Commission’s entire purview. Commissioners are expected to attend all Commission meetings as active participants and shall review all agenda packets and relevant information or documents before meetings. The Commissioners shall work with the Chairperson, City Staff administrator, Advisors, Common Council Liaison, and working groups to provide Common Council with information, analysis, and recommendations regarding issues falling within the subject matter areas considered by their Commission. The Commissioners shall follow the rules of procedure set forth herein in order, including those regarding working groups, agendas, meetings, order and decorum, and voting. ii. Chairperson. In addition to the duties and expectations applicable to all Commissioners, the Chairperson presides over meetings of the Commission and is expected to strive to ensure that the work of the Commission is accomplished. The Chairperson is responsible for establishing each meeting’s agenda and guiding all meetings through the order of business and voting procedures set forth in the rules below. The Chairperson shall check in periodically with the working groups of the Commission to ensure such groups are fulfilling their purpose. The Chairperson shall meet at least quarterly with the Chairpersons of the other Commissions and of the standing committees of the Common Council. The Commissioners shall appoint, by majority vote, another Commissioner as the Vice- Advisory Commission Rules of Procedure Page 2 of 11 Chairperson, who shall assume all Chairperson responsibilities in his or her absence. iii. Advisors.1The Advisors are appointed by a majority vote of the Commission and shall serve as a resource to the Commission in one or more subject matter areas in which the Advisors have expertise. Advisors may be called upon by the Chairperson to provide information, analysis, or advice during the discussion of an agenda item for which the Advisor has expertise to offer. Such information, analysis, or advice may be presented verbally during a meeting or in documentation provided to the Commission before, or during, a meeting. Advisors may petition Commissioners or the Chairperson for the inclusion of relevant topics or issues on the agenda, subject to approval by the Chairperson and agenda procedures set forth herein. During meetings, Advisors shall not vote and shall only have privilege of the floor in excess of that afforded members of the public if granted by the Chairperson. Such privilege of the floor shall not be subject to time limitations applicable to members of the public and may include participation in discussion of voting items. Advisors may also serve on Commission working groups under the procedures set forth in these rules. iv. Common Council Liaisons. The members of Common Council appointed to serve as a liaison to the Commission are expected to serve as the primary channel of communication between Common Council and the Commission, review the annual workplan of the Commission and make recommendations to the Common Council and Commission regarding the same, strive to ensure proper functioning of the Commission, and otherwise assist the Commission as necessary. At least one Common Council liaison is expected to attend each Commission meeting. c. City Staff Administrator. The City shall assign a member of City staff to serve as administrator for each Commission. The duties of such City staff administrator shall include attending all Commission meetings, taking notes during meetings, preparing minutes for approval, preparing and distributing agenda packets to Commissioners in conjunction with the Chairperson, and tracking Commissioner attendance at meetings. In the event a City staff administrator is unable to perform these duties or attend a Commission meeting, he or she must notify the Chairperson and relevant Department Head in advance so that the City can make alternate, temporary arrangements. 1 City Code § 8-4(A)(5) Advisory Commission Rules of Procedure Page 3 of 11 d. Working Groups. The Commissions may create, renew, and dissolve ad hoc working groups as follows:2 i. Creating Working Groups. The Commission may form a working group to advise the Commission on a particular issue or topic if it determines such a need exists or if requested to do so by the Mayor or Common Council. The Commission may only create such a working group upon a majority vote and must establish the working group for a fixed period of time that may not exceed one year. A majority of a working group must be composed of Advisors to the Commission creating the group. The Commission is empowered to appoint the working group’s membership by majority vote and should strive to appoint individuals with knowledge or expertise in the subject matter the working group will consider. ii. Renewing Working Groups. At the last regular Commission meeting before a working group is set to expire, the Commission may, upon a majority vote, renew the working group for a fixed period of time not to exceed one year. The Commission should only renew a working group if it believes the working group has been useful in addressing the topic or issue before the Commission for which the working group was established to consider. iii. Dissolving Working Groups. If not renewed, a working group shall dissolve automatically when the period of time the Commission prescribed for its existence expires. Additionally, the Commission may at any time dissolve a working group upon a majority vote. iv. Regular Reports by Working Groups. No less than quarterly, or upon request of the Chairperson, the working group shall present a report of its activity and findings to the Commission. Such reports should be presented in person, but, if necessary, the working group may provide a written report to the Chairperson at least 14 days before the regularly scheduled meeting. Unless presenting the final findings or recommendations of the working group, no report shall exceed three minutes in length, excluding questions from the Commission and responses thereto, or, if written, two pages. e. Attendance. Commissioners must strive to attend every meeting. i. Absences. When any Commissioner or Chairperson fails to attend three regularly scheduled meetings in any calendar year, unless such absence is for good cause, the post may be deemed vacant for purposes of nomination and appointment of a successor pursuant to 2 City Code § 8-9(C). Advisory Commission Rules of Procedure Page 4 of 11 the procedure set forth below in “Vacancies caused by Meeting Absences.”3 If a Commissioner or Chairperson is going to be absent from a meeting for good cause, he or she must inform the Chairperson or Commissioners at least 3 days before the meeting, or as soon as possible under exigent circumstances. ii. Leaves of Absence. The Mayor may grant a Commissioner or Chairperson a leave of absence, upon a showing of good cause, for up to six months. Commissioners or Chairpersons may be reinstated prior to expiration of their leave of absence without approval of Common Council. No leaves of absence will be permitted where doing so would make the Commission unable to reach a quorum. iii. Physical Attendance. To be considered present for attendance purposes, Commissioners must be physically present at the meeting and may not take part via tele-conference or internet video services. iv. Attendance Report. The City staff administrator assigned to the Commission shall record Commissioner attendance, keep track of attendance through each calendar year, and provide an annual report of the Commissioners’ attendance to the Chairperson and Common Council at the end of the year. f. Commissioner Appointments and Applications. Application procedures to be determined. g. Vacancies. The following guides the filling of vacancies of Commissioner and Chairperson positions: i. Vacancies following the Expiration of a Term.4 Vacancies on the Commissions shall be filled in the same manner as the original appointment. Applications to fill the vacancy of an expiring term that have been submitted by October 31 of the year in which the term expires, or on such other date as the Common Council may deem appropriate, shall be considered for appointment to the subsequent term. ii. Vacancies for Reasons other than Expiration of a Term.5 In the event that a vacancy arises for reasons other than the expiration of the term, applications to fill the vacancy that have been submitted by April 30 shall be considered for appointment to the vacancy effective no later than July 1 and applications that have been submitted by 3 City Code § 4-26.1(A). 4 City Code § 8-4(D). 5 City Code § 8-4(D). Advisory Commission Rules of Procedure Page 5 of 11 October 31 shall be considered for appointment to the vacancy effective no later than January 1 of the following year. iii. Vacancies caused by Meeting Absences.6 If a Commissioner or Chairperson fails to attend three regularly scheduled meetings in a calendar year, the City staff administrator assigned to the Commission shall so inform such Commissioner and the Mayor. The Mayor shall write the Commissioner requesting either an explanation of the reasons for the Commissioner’s nonattendance or a letter of resignation. If the Commissioner does not respond to the Mayor within 20 days of the Mayor's letter to the Commissioner, with an adequate explanation for his or her absences and assurances of ability to attend future meetings on a regular basis, it shall be deemed that the post is vacant for purposes of nomination and appointment of his or her successor. If the Mayor finds adequate the Commissioner’s explanation for his or her absences and assurances of ability to attend future meetings on a regular basis, the Commissioner may continue to serve. h. Conflicts of interest. Commissioners and Advisors must abide by the City’s Code of Ethics set forth in Chapter 55 of the City Code. This includes, but is not limited to, restrictions on the acceptance of gifts, maintenance of confidentiality, and required conduct, including recusal from a vote, with respect to actual and potential conflicts of interest.7 i. Coordination with Common Council. The following guides the relationship and communication between the Commissions and Common Council to ensure that the Commissions efficiently and effectively advise the Common Council: i. Relationship to Common Council. The Commissions were established to assist the Common Council by advising it on matters that are within the Commission’s areas of concern. The Common Council relies on the Commissions to expand Common Council’s knowledge base and to conduct analyses and research that Common Council may not have the time or expertise to pursue. However, the Common Council is the authorized legislative body of the City and is under no obligation to accept the Commission’s recommendations. After reviewing a report or recommendation from a Commission, Council is free to choose to accept, endorse, reject or modify the report or recommendation. ii. Communications from Common Council. The Common Council may request of the Commissions information, analysis, 6 City Code § 4-26.1(B). 7 City Code §§ 55-5 – 55-7. Advisory Commission Rules of Procedure Page 6 of 11 recommendations, and the gathering of public input. Such requests shall be made by the Common Council to the City Clerk who will transmit the request to the Chairperson. If appropriate, the Council may indicate a desired date for the response from the Commission. iii. Presenting Commission Findings to Common Council. After the Commission has taken final action on a request from the Common Council, or other agenda item it wishes to present to Council, the Commission shall inform the City Clerk as such. The item shall, in the Common Council’s discretion, be placed on an upcoming agenda of the Common Council or a standing committee thereof. The Commission’s findings should be provided as a complete, concise, and accurate report to the Common Council that is comprehensible to a person lacking significant expertise in the Commission’s areas of concern. If the report contains a recommendation, it should be clearly stated and include the facts on which such recommendation is based, and significant points of disagreement or the minority recommendation, if any. Such reports may also include a summary of relevant discussion, public input, research, data points, and viewpoints of other organizations or persons consulted. j. Coordination with City Staff. Commissions requiring information or assistance from City Staff may transmit such requests to the appropriate member, or members, of City Staff. If the request represents a significant expenditure of City Staff time or resources, the relevant City Staff or their Department Head may seek guidance from the Mayor as to staffing priorities before proceeding (or, if the Mayor so instructs, declining to proceed) to respond to the request. An individual Commissioner or Chairperson is not granted authority over the work of a City Staff member and should never attempt to influence the conduct of City Staff. k. Communication with the Press and Public. The Commissions shall issue no statement or press release on behalf of the City. The Commissions may issue their own statement or release after majority vote of the Commission authorizing the same, provided that such statement is explicitly identified as issued on behalf of the Commission and is provided to the Mayor and Common Council at least twenty-four hours in advance of its release.. l. Social Media. Commissioners and Chairpersons may not post on social media on behalf of the Commission or otherwise use their title or City imagery or stationery to create the appearance that the City endorses or approves of their personal social media posts. Advisory Commission Rules of Procedure Page 7 of 11 m. Diversity, Accessibility, Inclusion, and Sustainability. To be determined. II. Meeting Rules and Procedures a. Regular Meetings. Each Commission shall hold a regular meeting once each month.8 The days, times, and locations for each Commission’s regular meeting are as follows: i. Public Safety and Information Commission: X:XX p.m., on the x __day of the month, at location. ii. Community Life Commission: X:XX p.m., on the x __day of the month, at location. iii. Mobility, Accessibility, and Transportation Commission: X:XX p.m., on the x __day of the month, at location. iv. Parks, Recreation, and Natural Resources Commission: X:XX p.m., on the x __day of the month, at location. b. Special Meetings. Any meeting not on the regular meeting schedule is a special meeting. The Chairperson, or at least three Commissioners, may call special meetings as required to conduct the business of the Commission.9 Special meetings must follow the same agenda procedures as regular meetings set forth herein. The Commission may only act upon items appearing on the special meeting agenda. c. Joint Meetings. Two or more Commissions may hold a joint meeting to consider a significant topic or issue that pertains to the subject matter areas considered by such multiple Commissions. All participating Commissions must approve the holding of a joint meeting by a majority vote. The Chairpersons of all participating Commissions shall jointly prepare the agenda for the meeting under the same procedures as regular meetings set forth herein. The votes of each participating Commission shall be counted separately. Minutes of joint meetings shall be adopted at the next regular meeting of each participating Commission. d. Alternate Locations for Meetings. The following locations are approved for regular or special meetings of the Commissions and, when used, shall be conspicuously noted as such in the meeting agenda: i. Location 1. 8 City Code § 8-5. 9 City Code § 8-5. Advisory Commission Rules of Procedure Page 8 of 11 ii. Location 2. iii. Location 3. e. Length of Meetings. The Commission shall make all efforts to conduct its meetings in two hours or less. Meetings may only exceed three hours upon a majority vote of the Commission. f. Agenda. All meetings of the Commissions shall have an agenda which shall be available to the public before the meeting.10 i. Agenda Preparation and Posting. The agenda shall be compiled by the Chairperson and shall include items requested by Common Council and items appearing on the Commission’s workplan. Commissioners may introduce additional items to the agenda so long as they are consistent with the Commission’s charge and presented to the Chairperson at least ten days before the meeting. The Chairperson must provide the agenda to the City Clerk seven days before the meeting. The City Clerk shall post the agenda on the City’s website at least 72 hours before the meeting. ii. Recording of Agenda. The agenda shall be recorded in the City Clerk’s office. g. Minutes. The City staff administrator for each Commission shall keep an accurate record of their proceedings, actions, votes, and resolutions, thereby constituting the minutes of each meeting.11 Such minutes are presented to the Commission by the Chairperson for approval at its next regular meeting and any errors or omissions contained therein may be corrected by motion as required to conform to fact. Approved minutes shall be recorded in the City Clerk’s office. h. Order of Business. The order of business for each regular meeting shall be as follows: i. Agenda Amendments. An item may be removed from the agenda with the approval of the Chairperson and at least two Commissioners. An item not on the published agenda may be added to the agenda, but, if any one Commissioner objects, the item shall not be considered. ii. Public Comment. Individuals who are not members of the Commission shall be afforded the privilege of the floor and permitted 10 City Code § 8-6. 11 City Code § 8-8. Advisory Commission Rules of Procedure Page 9 of 11 to speak for no more than three minutes regarding matters within the scope of the Commission. Such speakers may pose questions to the Commission and the Commission may respond briefly, with such responses not accounting for the speaker’s three minutes of privilege of the floor. During special meetings, all public comment shall be confined to the subject matter considered during the special meeting, which shall be noted as such on the agenda. iii. Agenda Items. A Commissioner wishing to propose discussion or action on a particular item on the agenda shall ask to be recognized by the Chairperson and then move accordingly. After another Commissioner “seconds” the motion, the Chair calls for discussion, and, thereafter, calls for a vote, if necessary. Following the Commission’s discussion of a voting item, but before such a vote, the Commission shall provide members of the public an additional opportunity for public comment specific to the agenda item pending a vote. Each speaker is once again permitted to speak for no more than three minutes, and for no more than nine minutes cumulatively in any given meeting. The Commission may thereafter further discuss the agenda item before a vote. For non-voting agenda items, the public may provide the City staff administrator with written questions or notes regarding the agenda item. The Commission may respond to such written questions or notes in the course of or following its discussion of the agenda item. iv. Reports from Working Groups. The Commission shall receive above- described reports from all working groups in existence at the time of the meeting. v. Approval of Minutes. The Chairperson shall present the minutes from the previous meeting. Absent any correction, the minutes shall stand as approved without formal motion. vi. Adjournment. Upon completion of the above-listed order of business, the Chairperson shall hear a motion to adjourn the meeting. i. Order and Decorum. The following rules govern order and decorum of all speakers and attendees at meetings of the Commissions. i. All Persons. No person shall speak without being first recognized by the Chairperson as having the privilege of the floor. All speakers and persons in attendance shall treat the Commission, and all other persons, with respect and shall refrain from shouting, Advisory Commission Rules of Procedure Page 10 of 11 using foul language, throwing anything, booing or hissing, entering or remaining in an area of the meeting that is not open to the public, approaching the Commission without permission, or otherwise engaging in any form of disruptive or disrespectful behavior. ii. Chairperson. The Chairperson shall strive to preserve the rules of order and decorum set forth herein and shall decide questions or order and decorum that may arise during a meeting. iii. Commissioner. Commissioners should not interrupt the proceedings or any speaker having the privilege of the floor. iv. Members of the Public. Any person who desires to speak during the public comment portion of a meeting shall fill out a card stating his or her name, municipality of residence, and the topic on which they will speak or inquire. Upon speaking during public comment or any other portion of a meeting, each person shall state their name, the municipality in which they reside, and the name of the group, if any, they represent. Such members of the public may also provide the Commission copies of relevant written materials they wish to be considered for distribution to the Commission. Members of the public who do not follow these rules of order and decorum may be asked by the Chairperson to take a seat, cease the disruptive conduct, and, if appropriate, leave the meeting. If a member of the public creates a significant disruption to the conduct of the meeting or acts in a threatening manner toward another member of the public, City Staff, or Commissioners, law enforcement personnel may be called to remove the individual from the premises. j. Executive Session. Only on rare occasions, if ever, the Commission may enter executive session, during which discussion is not open to the public and no vote or other action is taken. The Commission may only enter executive session upon a majority vote for the sole purpose of considering appropriate topics for executive session, as set forth in City Code § 78-6 and New York State Open Meetings Law § 105. The particulars of executive sessions are confidential and may not be discussed publicly. k. Voting. The Commission may not vote without the presence of a quorum, which is five voting members.12 A simple majority of the full membership of the Commission is required for a motion to pass. 12 City Code § 8-7. Advisory Commission Rules of Procedure Page 11 of 11 Voting items shall include approval of minutes, advisor appointments, working group creation and renewal, the Commission workplan, and recommendations and reports to Common Council. l. Robert’s Rules of Order. Robert’s Rules of Order is a set of rules of parliamentary procedure relied upon by boards, organizations, and committees for their meeting and voting procedures. The Commissions are not expected to adhere to all requirements of Robert’s Rules, but the core fundamentals of Robert’s Rules guide these rules and Commissioners should strive to adhere to these principles during their meetings. Such fundamentals include: i. A person may only speak when recognized by the Chairperson as having privilege of the floor. ii. A motion to consider an agenda item must be made and seconded by Commissioners before discussion of that item begins. iii. Following sufficient discussion of an agenda item, it may, by way of a new motion, be amended, tabled (held over to the next meeting), adopted, or rejected.