Loading...
HomeMy WebLinkAboutMN-CA-2018-03-21CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. March 21, 2018 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal (arrived at 6:05 p.m.), Nguyen Mayor (1): Myrick OTHERS PRESENT: City Forester – Grace Deputy Planning Director – Nicholas GIAC Director – McBean-Clairborne Superintendent of Public Works – Thorne Director of Engineering Services – Logue Youth Bureau Director – Klohmann City Attorney – Lavine Fire Chief – Parsons Assistant City Attorney – Sarachan HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: The Committee agreed to move the following Item after the Consent Agenda Item: 4.2 – Shopping Cart. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the February 21, 2018 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. Motion carried 4-0. Alderperson McGonigal was absent from the vote. (Alderperson McGonigal arrived at 6:05 p.m.) 1.3 Statements from the Public Alex Adelemitz, of the Town of Dryden and works at Wegmans, spoke in favor of keeping the City streets clean by keeping their shopping carts off City streets. When customers remove shopping carts from Wegmans, who is responsible for returning the carts to them? Mr. Adelemitz stated that Wegmans employees reminds customers about Wegmans policy on removing shopping carts from the premise. They are unable to enforce the policy due to legal reasons. Mr. Adelemitz assured the Committee that Wegmans wants to work with the City in finding a solution to the shopping cart issue. Gary Woloszyn, works at Wegmans, spoke about the problems Wegmans has with customers taking shopping carts off the property and not returning them. The fine that the City is proposing of $50 per cart per day for shopping carts seized by the City and not retrieved by the owner once notified would cause Wegmans to have to start reporting the removal of them as thefts, causing more work for the City. City Administration Committee Meeting March 21, 2018 Page 2 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items 2.1 Planning, Building and Economic Development - Amendment to Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the Planning Division created and hired a Database Specialist position in 2015, and WHEREAS, the purpose of the Database Specialist position was to support, develop and maintain database applications to ensure that databases are operational with complete and accurate data, and WHEREAS, the Database position was filled in early 2017 and was subsequently vacated in September 2017, and WHEREAS, in the last 12 months a property management database supporting planning and building activities has been more fully developed, tested and used. As a result of these activities and other developments within the department, it has become apparent that the skills needed in the department and the duties associated with the effective use of the database are more consistent with those of a planner than a database specialist; now, therefore, be it RESOLVED, That the personnel roster of the Department of Planning, Building and Develo pment be amended as follows: Add: One (1) Planner (Grade 13) 35 hours Delete: One (1) Database Specialist (Grade 8) 40 hours and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the approved 2018 departmental budget. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 Amendment of Capital Project for Expansion of the Alex Haley Municipal Wading Pool Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, Common Council established CP 834, Alex Haley Municipal Pool Expansion project on September 7, 2016, and City Administration Committee Meeting March 21, 2018 Page 3 WHERAS, the budget was established at that time in an amount of $305,000 to be comprised of $185,000 in Community Development Block Grant funds, $95,000 in private donations and $25,000 in City contributions, and WHEREAS, on August 14, 2017, the Board of Public Works, acting as lead agency, declared that the project would have no significant negative environmental impact in accordance with the State Environmental Quality Review Act (SEQR) and the City Environmental Review Ordinance (CEQR), and WHEREAS, the project was recently bid, and the low bid was more than the established budget; and WHEREAS, staff are recommending awarding the low bid contingent on securing additional funding, and WHEREAS, Common Council approves this project; now, therefore, be it RESOLVED, That Common Council hereby increases Capital Project # 834, Alex Haley Municipal Wading Pool Expansion by $200,000, for a total authorization of $505,000, and be it further RESOLVED, That funding for said Capital Project shall be derived from the issuance of Serial Bonds with the understanding that $185,000 of eligible expenses will be reimbursed by the Community Development Block Grant program as administered by the Ithaca Urban Renewal Agency and $95,000 will be reimbursed by GIAC, Inc. based on a private donation, and be it 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 45% of said portion, currently estimated at $125,000 of the $505,000 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. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Amendment to Capital Projects 777 and 839 for Dryden Road Garage Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, Capital Project 777 was established in 2012 and has been amended each year for the purchase of parking related equipment, and WHEREAS, the automatic parking equipment at the Dryden Road Garage is past its useful life and unreliable to the point that we have to raise exit gates after 11 p.m. to prevent vehicles being stuck in the garage after hours, causing losses in revenue, and the equipment requires frequent, expensive repairs with parts that are no longer commercially available, and WHEREAS, the lost revenue from raising the exit gates in 2017 is estimated at $1,500 per month, and repair costs associated with outdated Dryden Road parking equipment was almost $32,000 for 2017, City Administration Committee Meeting March 21, 2018 Page 4 while the replacement cost for newer, reliable equipment is budgeted at $150,000 which represents a payback period of approximately 3 years, and WHEREAS, Capital Project 839 was established in 2017 for a Condition Assessment of the Dryden Road Parking Garage, and the draft report dated October 2017 identified and prioritized capital repairs over a 5-year timeframe, and WHEREAS, several high-priority structural and safety issues requiring immediate attention were identified, including defective drains, fire standpipes, and staircases which could fail at any time, and the cost estimate for these repairs is $375,000, and WHEREAS, the recent Parking Garage Audit conducted by the Office of the New York State Comptroller has raised awareness of the importance of regular inspections and capital repairs for parking garages to ensure public safety; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project 777 by $150,000 for the replacement of automated parking equipment at the Dryden Road Garage, and be it further RESOLVED, That Common Council hereby amends Capital Project 839 by $375,000 for the repair of structural and safety issues at the Dryden Road Garage, and be it further RESOLVED, That funds needed for said amendment shall be derived by a General Fund advance with a later repayment from issuance of Serial Bonds. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Amendment to Capital Project 700 for Cascadilla Creek Dredging Design Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. WHEREAS, design work is underway for dredging the reach of Cascadilla Creek between the Cayuga Inlet and the Route 13 crossing, and the total budget for this dredging activity is $2 million, to be provided by a grant through the Dormitory Authority of the State of New York (DASNY), and WHEREAS, the extent and amount of dredging to be performed is highly dependent on disposal restrictions that will be imposed for the removed sediment and that will be based on lab results of environmental samples collected from the creek bottom, and WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has reviewed and approved the City’s proposed sampling plan to characterize the sediments for disposal purposes, and WHEREAS, the City’s dredging design consultant has estimated costs for sampling and analysis services in the amount of $35,000, which will be included as a project cost and reimbursed at a later date through the DASNY grant, and City Administration Committee Meeting March 21, 2018 Page 5 WHEREAS, design work cannot proceed any further until sampling and analysis work has been completed, and the City cannot submit permitting documents for the proposed 2019 dredging work until the design work is completed, and WHEREAS, Capital Project 700 was established in 2006 for the purposes of planning and design of dredging work related to the creeks and the inlet; now therefore be it RESOLVED, That Common Council hereby amends Capital Project 700 in the amount of $35,000 to cover the sampling and analysis costs to characterize Cascadilla Creek sediments for disposal purposes , and be it further RESOLVED, That funds needed for said amendment be derived from the issuance of Serial Bonds and/or a General Fund advance with later repayment from grant funds. A vote on the resolution resulted as follows: Passed unanimously. 3.4 Ratification of Agreement for Advance Payment and Authorization for Mayor Svante Myrick to Execute Closing Papers on Behalf of the City of Ithaca Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the State of New York has taken or is in the process of taking a portion of the land owned by the City of Ithaca through the process of eminent domain for the purposes of improving 1529 Slaterville Road, and WHEREAS, the State has offered to pay the City of Ithaca the sum of $500.00 for a portion of The City of Ithaca's property along 1529 Slaterville Road as depicted on Map(s) 6, as Parcel(s) 1 & 2, and WHEREAS, an agreement to accept said money (an Agreement for Advance Payment) has been or will be signed on behalf of The City of Ithaca by Mayor Svante Myrick, and WHEREAS, the Common Council of the City of Ithaca is the governing body of the City of Ithaca, and WHEREAS, the Common Council is meeting on this 4th day of April 2018, after proper notice to consider this matter, and WHEREAS, the City of Ithaca wishes to ratify the Agreement for Advance Payment and to appoint Mayor Svante Myrick as the person to execute closing papers on behalf of the City of Ithaca; now therefore, be it RESOLVED, That Agreement for Advance Payment is hereby accepted and ratified, and be it further RESOLVED, That Mayor Svante Myrick is hereby designated as the person to execute any and all closing papers with regard to this transfer to the State of New York. A vote on the resolution resulted as follows: City Administration Committee Meeting March 21, 2018 Page 6 Yes (4): Gearhart, Kerslick, Mohlenhoff, Nguyen No (1): McGonigal Motioned Passed 4-1. 3.5 Authorization to Operate the Newman Municipal Golf Course Club House Food and Beverage Concessions Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, the City currently offers food and beverage at the Newman Municipal Golf Course Club House under an existing but out of date agreement, and WHEREAS, the City has an interest in advertising the concession opportunity through a Request for Proposals process, thereby bringing the club house concession into conformity with other City concession terms and conditions, and WHEREAS, pursuant to City Code Chapter 170 “Use of City Real Property”, any concessionary or other nontransitory use of City parkland requires a license, and WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant approval of any license to make nontransitory use of City parkland, and WHEREAS, City Code Chapter 336 authorizes the Superintendent of Public Works to execute concession agreements within City parks; now, therefore, be it RESOLVED, That Common Council finds that the proposed concession constitutes a public recreation- related use of the club house, is not expected to significantly compromise the public’s ability to enjoy the golf course, and in fact is expected to enhance the overall quality of the its appeal and benefit to the public; and be it further RESOLVED, That Common Council hereby authorizes the use of the golf course club house for concessions, and be it further RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to advertise, now and in the future, a Request for Proposals for such concessions and to select and license eligible vendors, and be it further RESOLVED, That as the City has not established a regular, fair-market fee for such seasonal use of its parkland, Council hereby authorizes the fee concessionary use of the club house to be set with a base fee of no less than $2,000.00 plus a percent gross of revenue receipts of no less than 8% for the 2018 season, and which base fee shall be paid to the City concurrently with execution of the license and gross revenue at the conclusion of the season, and be it further RESOLVED, That base fee, gross revenue percentage, and seasonal dates for subsequent years shall be established by the Board of Public Works prior to January 31st of each year, and be it further City Administration Committee Meeting March 21, 2018 Page 7 RESOLVED, That the Superintendent, upon the advice of the City Attorney, is authorized to issue a revocable license to the vendor selected containing the standard terms and conditions with regard to liability insurance coverage, indemnification of the City, and other pertinent matters. A vote on the resolution resulted as follows: Passed unanimously. 3.6 Mayor – Acceptance of Grant for Bloomberg Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, the City of Ithaca entered the 2018 Bloomberg Philanthropies Mayors Challenge grant competition and was selected as one of 35 Champion Cities to advance to the next phase of the grant process with a proposal for the development of a hub to help in the battle against drug addiction, and WHEREAS, the City of Ithaca will receive up to $100,000 from Bloomberg Philanthropies to pilot solutions to the opioid crisis during the six month testing phase, and WHEREAS, the City of Ithaca wishes to contract with the Drug Policy Alliance (DPA) or Southern Tier AIDS Program (STAP) to administer the pilot solutions during the six-month testing phase; now, therefore, be it RESOLVED, That Common Council hereby accepts grant funds in an amount not to exceed $100,000 from Bloomberg Philanthropies for pilot solutions to the opioid crisis, and be it further RESOLVED, That Common Council hereby authorizes the Mayor, upon advice by the City Attorney, to enter into a contract with STAP to produce said pilot solutions, and be it further RESOLVED, That Common Council hereby amends the 2018 authorized budget of the Mayor’s Office to account for said funds as follows: Increase Appropriation Account: A1210-5435 Contracts Not to Exceed $100,000 Increase Revenue Account: A1210-2705 Gifts/Donations Not to Exceed $100,000 A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 Opioid Cost Recovery and Public Nuisance Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. City Administration Committee Meeting March 21, 2018 Page 8 WHEREAS, opioid manufacturers, distributors, and promoters have been responsible for an opioid epidemic that has harmed the citizens of the City of Ithaca and financially damaged the City and its taxpayers; and WHEREAS, the purpose and intent of this legislation is to allow the City to recover these costs, despite the existence of the common-law municipal cost recovery rule (a.k.a. free public services doctrine) and declare the opioid epidemic and its effects on the City a public nuisance; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby declares the opioid epidemic and its effects on the City a public nuisance, as set forth in the following Opioid Cost Recovery Procedure; and be it further RESOLVED, that the following Opioid Cost Recovery Procedure is hereby adopted by the Common Council of the City of Ithaca, and is intended to apply retroactively: City of Ithaca Opioid Cost Recovery Procedure I. Definitions “Costs” means all expenditures related to the opioid epidemic that directly or indirectly arise from the City’s response to a responsible party’s action or inaction. “Responsible party” means any person or corporation whose negligent, intentional, or otherwise wrongful conduct causes the incident resulting in the City incurring costs or who is found liable or made responsible by a court for the costs incurred by the City in the form of damages, regardless of the cause of action. II. Governmental function cost recovery. The City may recover the costs of governmental functions related to opioids marketed, sold, manufactured, dispensed, prescribed, and/or distributed by the responsible party. If a responsible party fails to pay the costs demanded, the City may initiate and recover costs through administrative, civil, and/or criminal action against the responsible party. In that case, the City may also recover attorney’s fees, interest, and any other payment or type of damages the court deems proper. III. Effect of criminal or civil proceedings on governmental function cost recovery. The initiation of administrative or civil proceedings for governmental function cost recovery does not bar the criminal prosecution of a responsible party for any associated violation. Similarly, criminal prosecution does not bar civil collection of costs for the violation giving rise to the criminal prosecution. IV. Public nuisance. The City hereby finds and declares the following: City Administration Committee Meeting March 21, 2018 Page 9 1) That addiction to and abuse of opioids is one of the greatest challenges facing the City; 2) A cause of this increasing crisis is the overabundance of prescription opioids. Vast amounts of prescription opioid pain pills were sold, distributed and prescribed in the City over the past several years which practice continues today; 3) There is evidence showing that approximately four in five heroin users began their addiction by first using and then misusing prescription pain medications containing opioids; 4) The selling, distributing, and prescribing of large amounts of opioid pain pills in the City has created a public health and safety hazard affecting the residents of the City, resulting in devastation to City families, a negative effect on the City economy, wasted public resources, and a generation of narcotic dependence; 5) That selling, distributing, and prescribing of prescription opioid pain pills is a hazard to public health and safety, which has created a public nuisance to the citizens of the City, and said nuisance remains unabated; 6) That, in addition to all other powers and duties now conferred by law upon the City, the City is authorized to enact ordinances, issue orders, and take other appropriate and necessary actions for the elimination of hazards to public health and safety and to abate or cause to be abated anything which the City determines to be a public nuisance; 7) That manufacturers of prescription opioids and those in the chain of distribution have wrongfully abused the privilege of selling and/or providing medication to our residents and must be held accountable; and 8) That it is the duty of the City to vindicate the rights of the citizens of the City and take action to abate this public nuisance. V. Retroactive application. This procedure shall apply retroactively to all costs described in Part I of this Procedure. and be it further RESOLVED, that, upon its adoption, this Opioid Cost Recovery Procedure shall be included in any master listing, assemblage or inventory of the City’s Policies, Procedures and Protocols. A vote on the resolution resulted as follows: Passed unanimously. 4.2 Amendment to Shopping Cart Ordinance Alderperson Nguyen stated that the purpose of this discussion would be to get feedback from the Committee on how to address the issues surrounding the shopping carts and on the proposed amendments to the shopping cart legislation. City Forester Jeanne Grace was invited to the meeting to City Administration Committee Meeting March 21, 2018 Page 10 participate in this discussion. Alderperson Nguyen explained that the City Code that covers the legislation on shopping carts, for the most part, had not been enforced. City Forester Grace mentioned that City staff spends a lot of time rounding up shopping carts. If they are labeled, the carts are returned to the store. The store signs off and is billed for the carts. If the carts are not labeled, the carts go to the junkyard. The Committee discussed the responsibilities of all involved (e.g. the City, the businesses and the customers). After discussion, Alderperson Nguyen stated that they are waiting to hear back from the retailers about the proposed amendments. Once the responses have been received, Alderperson Nguyen will put this item back on this agenda. 4.3 Recommendation that “Six Mile Creek” be the Appropriate Name for that Stream Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, Six Mile Creek in Tompkins County is listed by the United States Board on Geographic Names as “Six Mile Creek”, and WHEREAS, common usage in Ithaca and beyond is to refer to this stream as “Six Mile Creek”, and WHEREAS, the City of Ithaca code consistently refers to the stream as “Six Mile Creek”, and WHEREAS, the use of the name “Six Mile Creek” has substantial historical support stretching well back into the 1800’s, according to the City Historian, and WHEREAS, Timothy Larkin, a Tompkins County resident, has initiated the formal process of officially changing the name to “Six Mile Creek”, and WHEREAS, the United States Board on Geographic Names requests local municipalities to weigh-in on requests for name changes, now, therefore, be it RESOLVED, that the Mayor be authorized to sign and submit a Geographic Name Proposal Recommendation form to the United States Board on Geographic Names, confirming that the City of Ithaca believes this stream should be officially known as “Six Mile Creek”. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Amendment to Noise Ordinance Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. ORDINANCE __-2018 An Ordinance Revising Chapter 240 of the City of Ithaca Municipal Code City Administration Committee Meeting March 21, 2018 Page 11 WHEREAS, the purpose of Chapter 240 of the City of Ithaca Municipal Code is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment; and WHEREAS, it is also the purpose of this Chapter to allow all residents of the City to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons; and WHEREAS, the intention is to apply this Chapter to hold the creators of the noise liable for the consequences, whether or not the disturbance caused by the noise was intentional; and WHEREAS, when there is a social event that creates unreasonable noise, the residents of the premises should be responsible, whether present or absent; and WHEREAS, the Common Council desires to clarify the mens rea of offenses in this chapter and thereby meet the legislative intent; and WHEREAS, the noise ordinance currently contains a conflict in property classification between the term “use” and the zoning of properties; and WHEREAS, the nature of property is most clearly defined by the zoning classification of property rather than the “use;” and WHEREAS, staff recommend creating an exception for construction, demolition, and repair noise made pursuant to a building permit or site plan, both of which may contain their own limitations; 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, despite the continuing utility of the City’s subjective standard for identifying unreasonable noise, certain noise determinations, and particularly those situations of an ongoing or repetitive nature, may be better resolved under an objective decibel- based standard for identifying unreasonable noise. Section 2. Chapter 240 of the City of Ithaca Municipal Code shall be amended to read as follows: §240-1 Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." §240-2 Purpose. The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the City to coexist City Administration Committee Meeting March 21, 2018 Page 12 harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. §240-3 Definitions. [Amended 9-1-2004 by Ord. No. 2004-14] Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: ANSI The American National Standards Institute or its successor bodies. A-WEIGHTED SOUND LEVEL The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA". All references to "decibel" shall be presumed to mean "dBA" unless otherwise specified. COMMERCIAL USE PROPERTY Any premises containing businesses where sales, offices, professional services, or other commercial use is legally permitted. CONTINUOUS SOUND Any sound that is not impulse sound. DAYTIME HOURS The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. dBA The A-weighted sound level in decibels. DECIBEL A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated "dB." EMERGENCY WORK Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. INDUSTRIAL USE PROPERTY Any premises engaged in the manufacturing, processing, production, or shipping, of equipment or materials, including storage yards, shall be considered industrial use, where legally permitted. City Administration Committee Meeting March 21, 2018 Page 13 MOTOR VEHICLES Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity (e.g., commercial and residential). NIGHTTIME HOURS The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. REAL PROPERTY LINE Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the properties on which different categories of activity are being performed. RESIDENTIAL USE PROPERTY Any property used for human habitation, unless habitation is a condition of employment, including, but not limited to: 1. Private property used for human habitation; 2. Commercial living accommodations and commercial property used for human habitation; 3. Recreational and entertainment property used for human habitation; 4. Community service property used for human habitation. SOUND-AMPLIFYING EQUIPMENT Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND-LEVEL METER An instrument that conforms to ANSI S1.4-1983 or its successors. SOUND SOURCE Any person or thing from which sound is created. City Administration Committee Meeting March 21, 2018 Page 14 UNREASONABLE NOISE A level of sound that is injurious or annoying or disturbing to be heard. §240-4 Unreasonable noise prohibited. [Amended 8-4-2004 by Ord. No. 2004-12] A. No person shall cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) The volume of the noise. (11) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to §240-14 that will authorize particular sound sources. D. "Person" defined. For the purposes of this section: City Administration Committee Meeting March 21, 2018 Page 15 (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. §240-5 Purpose of article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to §240-14 that will authorize particular sound sources. §240-6 Devices for sound amplification, production and reproduction. A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. "Person" defined. For the purposes of this section: [Added 8-4-2004 by Ord. No. 2004-12] (1) For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article III of this chapter, a "person" shall include the person or persons who are listed on the permit. §240-7 Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the City Administration Committee Meeting March 21, 2018 Page 16 public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13] B. For the purposes of this section, a "person in charge of a party or other social event": [Amended 9-1-2004 by Ord. No. 2004-13] (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. C. For any violation of this section where beer is being served from a keg on the premises, the person to whom the keg is registered shall be presumed to be responsible for the violation, in addition to any person designated in Subsection A or B above. §240-8 Maximum Permissible Sound Levels. In addition to prohibitions set forth elsewhere in this chapter, the following general prohibitions regarding sound levels shall apply in determining unreasonable noise: A. No person shall operate or cause to be operated any source of continuous sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the receiving use occupancy zone category in Table I, when measured at or within the real property line of the receiving property. TABLE I MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE ZONES dBA Residential1 7:30 a.m. - 10:00 p.m. Residential 10:00 p.m. – 7:30 a.m. Commercial2 7:30 a.m. – 12 a.m. Commercial 12am - 7:30 a.m. Industrial 24 hours OUTDOORS 60 50 65 55 75 INDOORS3 50 40 55 40 65 1. Property receptor located within an area that’s zoned residential. 2. Property receptor located within an area that’s zoned commercial, including but not limited to those zones designated CBD, Waterfront, B, WDEZ, and MU (Collegetown Mixed- Use District). City Administration Committee Meeting March 21, 2018 Page 17 3. The indoor permissible sound level limits will only apply if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling. (2) Impulsive Sound: No person shall make, cause, allow or permit the operation of any impulsive source of sound within any and all property in the city which has a maximum sound pressure level in excess of eighty (80) dBA, when measured at or within the real property line of the receiver. If an impulsive sound is the result of the normal operation of an industrial or commercial facility and occurs more frequently than four (4) times in any hour the levels set forth in Table I shall apply. §240-9 Other Prohibited Acts A. Unamplified human voice. (1) No person shall make, continue, or cause to be made or continued, any unreasonable noise by use of the unamplified human voice. The unamplified human voice engaged at conversational levels shall be exempt from this provision if such sound is not plainly audible beyond 100 feet or does not infringe on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or screaming, with intent to cause public inconvenience, annoyance or alarm or recklessly causing a risk thereof or that serves no legitimate purpose, when audible at distances greater than 100 feet, is prima facie evidence of a violation of this provision. This shall not apply to spontaneous utterances such as laughter, exclamations of warning, or sporting events. (2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the City zoned for residential uses, including all R and CR zones. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. B. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in §240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include: (1) The necessity of the work being done. (2) The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. C. Construction during nighttime hours. City Administration Committee Meeting March 21, 2018 Page 18 (1) Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. (2) This section shall not be deemed to prohibit: a. Work of an emergency nature. b. Work of a domestic nature on buildings, structures or projects being undertaken by a person(s) residing in such premises; provided that, if any domestic power tool, including but not limited to mechanically powered saws, sanders, grinders and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at 25 feet or more from the source of the sound. §240-10. Motor Vehicles A. No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way. B. No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205. C No person shall operate any motor vehicle with an engine braking device engaged which does not have a muffler in good working order. D. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30 a.m. E. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7:30 a.m. and 10:00 p.m. §240-11 Applicability of section. Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to §240-4. §240-12 Exceptions. City Administration Committee Meeting March 21, 2018 Page 19 The provisions of this chapter shall not apply to: A. Sound and vibration emitted for the purpose of alerting people in an emergency or in the performance of the response to an emergency. B. Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration, event, activity or individually sponsored event where a permit or other relevant permission has been obtained from the City. C. The operation or use of any bell, chimes, or other instrument from any church, synagogue, temple, mosque or school licensed or chartered by the State of New York, provided such operation or use does not occur during nighttime hours. D. Sounds created by any government agency by the use of public warning devices. E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 75 dBA at or within any real property line of a receiving residential property. F. Noise from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal. G. Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within five (5) minutes after it has been activated. H. Sounds created by any governmental agency or railroad agency by the use of public warning devices or created by public utilities in carrying out the normal operations of their franchises. I. Noise necessarily or customarily caused by construction, demolition, repair or other activity conducted pursuant to a building permit issued by the City of Ithaca, and in compliance with all limitations required by the building permit and from site plan review. §240-13 Permit procedures for events of a temporary duration. [Amended -1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06] Except as provided for in §157-8of the City Code regarding the Ithaca Commons: A. Where a sound source exists, is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit pursuant to Subsection D of this section. City Administration Committee Meeting March 21, 2018 Page 20 D. Applications shall be submitted at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) If required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community- wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to which the application is being made to express his/her opposition to the granting of the permit. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Director of Planning and Development, or his/her designee, for all other construction projects; and for others to the Mayor or his/her designee. The issuance of permits shall be discretionary, and a permit shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in §240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, and that §240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he makes unreasonable noise." [Amended 6-5-2013 by Ord. No. 2013-15[1]] [1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Director of Planning and Development and the Mayor, or their designees, shall have authority to impose such conditions as they determine are reasonable and City Administration Committee Meeting March 21, 2018 Page 21 necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. [Amended 6-5-2013 by Ord. No. 2013-15[2]] [2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. G. The Superintendent of Public Works, the Director of Planning and Development and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. [Amended 6-5-2013 by Ord. No. 2013-15[3]] [3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014. §240-14 Variances The Mayor or his/her designee may grant for a sustained duration an individual variance from the limitations prescribed in this article whenever it is found, after a noticed public hearing before the Planning and Economic Development committee of Common Council and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety. Any variance, or renewal thereof, shall be granted within the following limitations: 1. If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor or his/her designee, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or 2. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1), it shall be for not more than one year. B. Any person seeking a variance shall file a petition for variance and a $50 filing fee with the Mayor or his/her designee. The Mayor or his/her designee shall thereafter conduct a noticed public hearing in accordance with this section at a regularly scheduled meeting of the Planning and E conomic Development committee of Common Council, accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures, and make a final decision regarding the granting of the variance. C. Written notice of the public hearing, the time and place of which shall be set by the Mayor or his/her designee, shall be mailed by the petitioner at least 10 days prior to the hearing, with proof of mailing provided to the Mayor at least 8 days prior to the hearing, to: City Administration Committee Meeting March 21, 2018 Page 22 1. the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 200 feet, excluding public right-of-way, of the site of the variance; 2. any neighborhood association if the site of the variance is within the neighborhood association’s boundaries or within 200 feet of the neighborhood association’s boundaries, excluding public right-of way. 3. any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding. D. The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be-waived if approved. E. Following the hearing, the Mayor or his/her designee shall render a written final decision including findings of fact and conclusions of law. The Mayor or his/her designee shall mail the decision to all parties of record. §240-15 Penalties for offenses; presumptions. A. Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed $500 or imprisonment of not more than 15 days, or not more than 100 hours of community service or any combination of such fine and imprisonment and not less than $100 or 25 hours of community service; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more than 125 hours of community service or, any combination of such fine and imprisonment and not less than $200 or 40 hours of community service; and further provided that any person who shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not more than 15 days, or not more than 125 hours of community service, or any combination of such fine and imprisonment, and not less than $300 or 50 hours of community service. For any penalties of community service, the court may accept community service from people other than the defendant whom the court deems appropriate, such as other residents of the premises or others who choose to accept responsibility for the violation. In assessment of the above penalties, aggravating factors shall include but not be limited to the presence of the following factors: (1) A common source of alcohol such as a keg; (2) A live band or disc jockey or other live entertainment; (3) Amplified sound emanating from speakers placed or directed outside of the building; (4) A charge to gain entrance into the premises or to consume alcohol; (5) A violation of § 250.8 (public urination) of this Code on the premises; City Administration Committee Meeting March 21, 2018 Page 23 (6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends and before the following 6:00 a.m.; (7) More than 25 guests on the premises, "guests" being defined for the purposes of this section as any people who do not reside at the premises; (8) Any underage person or persons possessing or consuming alcohol on the premises, each underage person constituting a separate aggravating circumstance; (9) More than one complaint made to the police about the noise, each complaint after the first being a separate aggravating circumstance. B. For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation. Section 16. Severability. 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 17. Effective Date. This ordinance shall take effect immediately and in accordance with law after publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 4.5 An Ordinance to Amend Chapter 120 of the City of Ithaca Municipal Code Entitled “Youth Council” Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. ORDINANCE 2018- BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 120 of the City of Ithaca Municipal Code entitled “Youth Council” is hereby amended to read as follows: § 120-1 Creation. In recognition of the history of youth councils in the Ithaca community, the Common Council of the City of Ithaca hereby creates an entity that shall be known as the "City of Ithaca Youth Council," hereinafter also referred to as the "Youth Council," in accordance with the following conditions. § 120-2 Purposes and duties. The purposes and duties of the Youth Council shall be as follows: City Administration Committee Meeting March 21, 2018 Page 24 A. To develop future leaders by providing the teenage members opportunities to participate in city governance and have an active role in addressing community issues. B. To give a formal voice to the youth of the community. The Youth Council will provide ongoing, two- way communication with policymakers, especially the Common Council, so as to better address youth and community issues. The Youth Council will develop mechanisms to receive input regularly from other youth about their ideas and concerns. C. To help provide a hands-on civic education to participating members through direct experience with democratic processes and practical skill development. D. To contribute to the community in a concrete way. The Youth Council will plan and execute projects to improve conditions for teenagers. E. To submit a written annual report on the membership and activities of the Youth Council, to the Mayor and Common Council (and the City Clerk), and to report on a regular basis to the Mayor .To help youth build their social networks, engage with the opportunities available within their local community, and help their peers make positive connections to the local community. F. To submit a written annual report on the membership and activities of the Youth Council, to the Mayor and Common Council (and the City Clerk), and to report on a regular basis to the Mayor. § 120-3 Membership. A. The Youth Council shall consist of 7 10 members, all of whom shall be voting members, appointed by the Youth Council Advisory Board subject to the approval of the Common Council. The appointing entitiesstaff shall commit to assembling a diverse, multicultural and inclusive membership of the Youth Council, with regard to the protected classes and other unique characteristics that represent the needs of the entire community. B. Notwithstanding the provisions of Chapter 103 of this Code, at least five½ of the Youth Council members shall be residents from the City of Ithaca. The remaining members shall be selected from within the municipalities comprising the Ithaca City School District. The members of the Youth Council must be at least 16 years old and not past the 12th grade (or the age of 19, if not enrolled in high school). C. The members of Ithaca Youth Council shall hereinafter referred to as Youth Council Ambassadors or Ithaca Ambassadors § 120-4 Associates. The Youth Council Advisory Board may designate up to four associates who are 14 or 15 years of age. Such associates shall be invited to attend and participate in Youth Council meetings and events but shall have no voting authority and may not hold office in the Youth Council. § 120-45 Terms; vacancies. A. Except as provided for in Subsection B below, the The members of the Youth Council shall be appointed for terms of two years1 year or until the time of their high school graduation, if that occurs first. A member who has reached the end of a two-year appointment while still in high school may elect City Administration Committee Meeting March 21, 2018 Page 25 to extend his or her term by one additional year. Terms shall begin in September (or, in the initial year of the Youth Council's operation, as soon as is practical after its establishment), except in the case of members appointed to fill vacancies. Vacancies shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of a term of office sh all be filled only for the remainder of the unexpired term. B. Notwithstanding the above, the initial terms for members of the Youth Council shall be set at one or two years, such that staggered terms are established for subsequent appointments. The appointing entities may make an appointment for a one-year term, as needed, in order to maintain a balance of staggered terms. § 120-6 Officers. A. At the start of each year, the Youth Council shall select its officers, for the purpose of providing general leadership, recordkeeping and fiduciary oversight. The manner of such selection and the titles and specific responsibilities of the officers shall be set forth in operational rules adopted by the initial Youth Council and as amended from time to time as needed by the Youth Council. B. The lead officer of the Youth Council shall serve as liaison to the Common Council and shall have an opportunity to report at Common Council meetings. C. The leadership of the Youth Council shall meet regularly with the Mayor at a time convenient to all, with the goal of meeting not less than bimonthly. § 120-7 Youth Council Advisory Board. A. A Youth Council Advisory Board is hereby established, to oversee the activities of the Youth Council. B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom shall be appointed for a term of three years (or for the remainder of the term in question when a vacancy is being filled). Membership of the Advisory Board shall be composed of one staff member appointed respectively by the directors of the Greater Ithaca Activities Center, the Ithaca Youth Bureau, and the Southside Community Center and up to seven members appointed by the Mayor and approved by the Common Council, including at least one member of the standing committee of Common Council responsible for working with the City's youth services departments, members selected from the local education and youth advocacy communities and representatives of major funders of the Youth Council. C. In addition to providing oversight, the Youth Council Advisory Board shall interview all applicants for membership on the Youth Council and shall make recommendations as to their appointment, on the basis of the candidates' leadership potential and commitment to effective service on the Council. § 120-58 Staff support. A staff person(s) from a City Youth Services Department shall act in consultation with the YouthCommon Council Advisory BoardLiaisons and under the direction and supervision of the City department head so designated by the Mayor. The duties of this staff person with regard to the Youth Council shall be set forth in writing and kept up-to-date by the department head and provided to the Mayor, and a current version of such description shall be appended to the annual report required by § 120-2 herein. City Administration Committee Meeting March 21, 2018 Page 26 § 120-69 Meetings; records; annual report. The Youth Council shall meet publicly at least monthly regularly to complete projects and adopt rules tasks towards their annual goals. The Youth Council shall report twice a year to Common Council regarding youth and procedures for its meetings. community issues. The Youth Council shall keep accurate records of its meetings and activities and shall prepare and submit an annual report as provided for in § 120-2 of this chapter. Section 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 4.6 Finance - Approval of Updated Purchasing Policy Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca Purchasing Policy needs to be updated to conform with current State and Federal regulations; now, therefore, be it RESOLVED, That Common Council hereby approves the updated Purchasing Policy, which shall be effective April 4, 2018, and will be reviewed annually by the Controller’s Office for possible changes and amendments, and be it further RESOLVED, That all future changes and/or amendments to the purchasing policy must be approved by Common Council. A vote on the resolution resulted as follows: Passed unanimously. 4.7 Finance - Approval of Grant Modification Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, the City is closing out two older New York State (NYS) Grants, including the Waterfront Trail Project and the Skate Park, and WHEREAS, one of the grant closeout requirements is that the Mayor sign a grant modification agreement to modify the period of the grant for the Waterfront Trail to December 31, 2005, and WHEREAS, City staff are unable to locate such an approval by the Mayor previously; now, therefore, be it City Administration Committee Meeting March 21, 2018 Page 27 RESOLVED, That Common Council hereby authorizes the Mayor to sign the required NYS Modification Agreement form for the Waterfront Trail Project, and be it further RESOLVED, That the Mayor is hereby authorized to sign any needed grant amendment forms for the Skate Board Park Project. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion Items 5.1 Fire – Future of SAFER Funded Positions Chief Parsons attended the meeting to update the Committee on the Staffing for Adequate Fire and Emergency Response Grant (SAFER); which the City applied for and received in 2016. This grant provides funding to the Ithaca Fire Department to help increase or maintain the number of trained firefighters. The goal of this grant is to help the Fire Department comply with staffing, responses and operational standards established by the National Fire Protection Association (NFPA). Under the terms of the SAFER grant, the City cannot eliminate any currently funded Firefighter. If a vacancy occurs, the grant requires the position to be filled as soon as possible. This month, two Firefighters are retiring. In order to comply with the terms of the grant, the City must fill these two vacancies. Chief Parsons touched briefly on the following items and stated that he could provide up-to-date data, if requested:  Succession planning for the department  Staffing levels, overtime and how time off affects overtime, etc.  Data (e.g. volume of calls, types of calls, number of fire inspections, injuries, etc.)  What the City is going to do with its facilities (e.g. are they moving to the West End?)  Mutual aid or assistance from other Fire Departments The Committee thanked Chief Parsons for the update and suggested putting the Fire Department on one of the agendas for the 2019 Special Budget Discussions. Once scheduled, Chief Parsons would be notified. 6. Budget Process. None. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: April 18, 2018. 7.3 Review, Agenda Items for Next Meeting City Administration Committee Meeting March 21, 2018 Page 28  Shopping Cart (May)  Officer Next Door Program – Update  Facilities Master Plan 7.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:56 p.m.