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HomeMy WebLinkAboutMN-CA-2017-08-16CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 16, 2017 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Fleming, Kerslick, McGonigal (arrived at 6:04 p.m.), Nguyen OTHERS PRESENT: Alderpersons (2): Brock, Gearhart Acting Police Chief – Tyler City Attorney – Lavine Assistant Fire Chief – Haines-Sharp Youth Bureau Director – Klohmann Fire Chief – Parsons GIAC Director – McBean-Clairborne Director of Code Enforcement – Niechwiadowicz Director of Planning – Cornish Director of Engineering Services – Logan Permit Clerk – Turecek Assistant Superintendent – Whitney Chief of Staff – Cogan Employee Health & Safety Coordinator – Vitucci Manager of Organizational Development – Moskowitz HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the June 15, 2017 meeting of the City Administration Committee. Seconded by Alderperson Nguyen. Motion carried 4-0. (George McGonigal was absent from the vote.) (Alderperson McGonigal arrived at 6:04 p.m.) 1.3 Statements from the Public Dan Hill, of Union Springs, NY, spoke in support of the Indigenous Peoples’ Day resolution. Fay Gougakis, of Ithaca, spoke about the following items:  In support of the ordinance for Indigenous Peoples’ Day;  About big trucks being diverted instead of them entering the City from Aurora or MLK Jr. Streets;  Abandon bikes on the Commons;  Common Council members having local cell phone numbers; City Administration Committee Meeting August 16, 2017 Page 2  Construction on the Commons and asbestos in Center Ithaca. Marcia Baum, of Ithaca and former GIAC Director, spoke about the lack of City response to the violent events in Charlottesville, VA during the weekend of August 11-13, 2017. She asked if the City of Ithaca Police Department is prepared to handle a situation similar to what happened in Charlottesville. Ms. Baum asked Common Council to not let silence speak for them; but, to make a statement in opposition to the hateful speeches and violence that occurred. 1.4 Statements from Employees. None. 1.5 Council Response The Committee thanked everyone for attending the meeting and expressing their thoughts. Common Council members expressed their thoughts about the violent events that happened in Charlottesville and stated that they would draft a resolution denouncing that kind of behavior and affirming the City’s values. Alderperson Brock expressed her thoughts about the events in Charlottesville, the Officer Next Door Program and spoke in support of the resolution for Indigenous Peoples’ Day. 2. Consent Agenda Items 2.1 Youth Bureau – Amendment to Budget Moved by Alderperson Kerslick. Seconded by Alderperson Fleming. 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 City Administration Committee Meeting August 16, 2017 Page 3 A vote on the resolution resulted as follows: Passed unanimously. 2.2 Finance/Controller – Request to Release Funds from Contingency Account for Grant Lobbyist Services Moved by Alderperson Kerslick. Seconded by Alderperson Fleming. 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. A vote on the resolution resulted as follows: Passed unanimously. 2.3 Attorney – Request to Release Funds from Contingency Account for Legal Fees Moved by Alderperson Kerslick. Seconded by Alderperson Fleming. 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. A vote on the resolution resulted as follows: Passed unanimously. 3. Reports 3.1 Officer Next Door Program Acting Police Chief Tyler updated the Committee on the Officer Next Door Program. Currently, two (2) Police Officers are enrolled in the program. Since the creation of this program, there has been no data collected to determine whether or not there has been any decrease in crime or public safety or if the Officers participating in the program are making a difference or having a positive impact with their neighbors. City Administration Committee Meeting August 16, 2017 Page 4 The Committee talked about conversations that they have had with the residents. Some positive. Some negative. They talked about what other agencies were doing to improve the living environment for its residents. After discussion, Alderperson McGonigal and Acting Police Chief Tyler stated that they would go to West Village and talk to the manager/owner about the concerns raised and to obtain feedback from the residents on their living conditions. 3.2 Workers’ Comp & Related Issues Employee Health & Safety Coordinator Vitucci distributed and reviewed information about the safety audits conducted. The audits were designed to evaluate the quality and level of compliance of the City’s existing health and safety program. 4. Finance, Budget and Appropriations 4.1 DPW – Approval of Funding for CP# 790 Moved by Alderperson Kerslick. Seconded by Alderperson Fleming. 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 City Administration Committee Meeting August 16, 2017 Page 5 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 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. A vote on the resolution resulted as follows: Passed unanimously. 5. City Administration, Human Resources, and Policy 5.1 Youth Bureau – Amendment to Personnel Roster Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. 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 City Administration Committee Meeting August 16, 2017 Page 6 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. A vote on the resolution resulted as follows: Passed unanimously. 5.2 GIAC – Amendment to Roster Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. 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 City Administration Committee Meeting August 16, 2017 Page 7 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. A vote on the resolution resulted as follows: Passed unanimously. 5.3 Planning, Building, Zoning, and Economic Development - Request to Amend Personnel Roster – Office Assistant Moved by Alderperson Nguyen. Seconded by Alderperson McGonigal. 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. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting August 16, 2017 Page 8 5.4 Department of Planning, Building, Zoning, and Economic Development - Request to Amend Personnel Roster – Housing Inspector Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. 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. A vote on the resolution resulted as follows: Passed unanimously. 5.5 DPW - Amendment to Personnel Roster – Ithaca Commons Maintenance Supervisor Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. City Administration Committee Meeting August 16, 2017 Page 9 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. A vote on the resolution resulted as follows: Passed unanimously. 5.6 DPW - Reallocation of Position – Supervisor of Water and Sewer Operations Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. 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 City Administration Committee Meeting August 16, 2017 Page 10 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. A vote on the resolution resulted as follows: Passed unanimously. 5.7 Proposed Local Law - Confirmation of Sidewalk Improvement District Assessment Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. 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. City Administration Committee Meeting August 16, 2017 Page 11 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 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. A vote on the resolution resulted as follows: Passed unanimously. 5.8 Proposed Ordinance - Recognition of Indigenous Peoples’ Day Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. 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 City Administration Committee Meeting August 16, 2017 Page 12 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. 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. City Administration Committee Meeting August 16, 2017 Page 13 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. After discussion, Alderperson Nguyen made a motion to amend the language in the 1st Whereas by removing “have occupied” and replacing it with “had owned”. Seconded by Alderperson Kerslick. Motion carried 5-0. Alderperson Nguyen made a motion to amend the Local Law by removing the 3rd Whereas. Seconded by Alderperson Kerslick. Motion carried 5-0. Alderperson Nguyen made a motion to add language under Section 2 about the Document of Discovery. The motion failed due to the lack of a second. A vote on the resolution, as amended, resulted as follows: Passed unanimously. 5.9 Proposed Ordinance: Food Truck Legislation and Amend Sections of Chapter 181 “Fire Prevention” Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. 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, City Administration Committee Meeting August 16, 2017 Page 14 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 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 City Administration Committee Meeting August 16, 2017 Page 15 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 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 City Administration Committee Meeting August 16, 2017 Page 16 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. 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. City Administration Committee Meeting August 16, 2017 Page 17 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 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 City Administration Committee Meeting August 16, 2017 Page 18 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 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: City Administration Committee Meeting August 16, 2017 Page 19 181-17 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. 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. A vote on the resolution resulted as follows: Passed unanimously. 6. Committee Working Group 6.1 Rules and Procedures for Advisory Commissions The Committee discussed the rules and procedures that the new Commissions would follow. Any changes to these rules/procedures would need to be voted on by Common Council. 7. 2018 Budget Process The Committee discussed the agendas for the upcoming budget meetings. The schedule for departments coming before Common Council will be finalized and distributed to staff. On August 30, 2017, the PIT (Department of Public Information and Technology) will give a presentation to Council. 8. Meeting Wrap-up 8.1 Announcements Mass Notification System: Chief of Staff Cogan reported that Tompkins County approved funding for the county-wide Mass Notification System. The City is working with the County to roll out this system to the public and will set up its own internal system. 8.2 Next Meeting Date: September 20, 2017. 8.3 Review, Agenda Items for Next Meeting The Committee will keep a running list of items that needs to be added to future agendas, such as  Local phones numbers for Common Council members – Alderperson Fleming will draft a paragraph regarding what was discussed at the June meeting; City Administration Committee Meeting August 16, 2017 Page 20  Draft statement of formal response from Common Council regarding hate groups. Alderperson Fleming will draft a statement and share with Council for feedback before bringing to Common Council for approval;  Shopping carts. 8.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 9:12 p.m.