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;
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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,
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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
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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
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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.
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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
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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:
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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;
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August 16, 2017
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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.