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City of Ithaca,NY
Wednesday,August 16,2017
Chapter C. Charter
Article VI. Board of Fire Commissioners
§ C-93. Fire Department.
All such persons as are now or shall hereafter be members of any fire company now organized in
the City of Ithaca or which may hereafter be organized by the Board of Fire Commissioners herein
provided shall be and continue a body corporate by the name of the"Ithaca Fire Department,"and
such corporation,through its Board of Fire Commissioners,is authorized to purchase,receive by
gift or otherwise hold and convey real and personal property for the use of said corporation;
provided, however,that the title of all real property shall be vested in the name of the City of
Ithaca and the purchase or conveyance of any real property shall be subject to the approval of the
Common Council of said City.
§ C-94. Membership, terms and compensation of Board.
[Amended 12-7-1987 by L.L. No.6-1987;8-5-1992 by L.L. No.3-1992,5-4-2005 by L.L.No.4-2005]
There shall be a Board of Fire Commissioners,consisting of five Commissioners appointed by the
Mayor and confirmed by the Common Council.At least three of these Commissioners shall be
residents of the City of Ithaca.The remaining Fire Commissioners may be residents of either the
City of Ithaca or the Town of Ithaca in Tompkins County, New York.The term of office of a Fire
Commissioner shall be three years,commencing on the first day of July,two Commissioners to be
appointed in each of two successive years and one Commissioner to be appointed in the third
year.Such appointments shall be made at a meeting of the Common Council held in June of each
year.A Commissioner shall hold office until the Commissioner's successor shall have been chosen
and qualified. A vacancy for an unexpired term may be filled in the manner provided in this
Charter. Permanent removal from the municipality of appointment, or other cause to be
determined by the Common Council, rendering impossible the proper discharge of the
Commissioner's duties as a Commissioner shall create a vacancy.
§ C-95, Organization and meetings of Board.
[Amended 12-7-1987 by L.L.No.6-19871
At their first meeting in July,the Fire Commissioners shall organize as a Board by electing one of
their number as Chairperson and another as Vice Chairperson,and by the appointment of a Clerk
and such other officers and employees as authorized for the ensuing year.The Board shall hold
such stated and special meetings at such times as the Board may determine, but at least once in
each month.Three members of the Board shall constitute a quorum.
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City of Ithaca, NY Page 2 of 4
§ C-96. Powers and duties of Board.
It shall be its duty and said Board of Fire Commissioners shall have power:
A. To assume control and management of all apparatus, fire alarm systems, equipment,
appliances,supplies,buildings and employees exclusively in the Fire Department service.111
[1] Editor's Note:Original§6.4,Subsections z and 3,which dealt with the appointment and
compensation of engineers and employees and immediately followed this subsection,was
deleted 7-7o-1985 by L.L.No. 1-1985•
B. To organize new companies and to disband any Department company, subject to the
approval of the Common Council;to admit new members and to transfer members,upon
application and certification of company officers,from one company to another;and to try,
reprimand,suspend or expel any member or officer of any company for cause.
[Amended 7-10-1985 by L.L. No.1-1985]
C. To authorize and direct the payment of bills and accounts incurred by it and to make such
rules and regulations in regards to the auditing and payment of such bills and accounts and
for the payment of all amounts payable out of the moneys appropriated to the use of the
Board as it may deem necessary and proper, and the same shall be paid by the City
Chamberlain.The Board shall file monthly with the Common Council a detailed statement of
all bills and expenses paid,together with the original vouchers therefor,and shall render to
the Common Council at such other times as may be required either by the Mayor or by the
Common Council an itemized statement of all its receipts and disbursements properly
classified and showing the balance on hand at the beginning and at the close of the period
covered;and at the close of each fiscal year,it shall submit an annual statement showing by
suitable summaries the expenses and income of the Department.Whenever requested by
either the Mayor or the Common Council,the Board shall also furnish any additional
information in regard to its work or the cost thereof.
D. To submit to the Common Council,on or before the first day of May in each year,an estimate
of the amount of money necessary to cover the expenses of maintenance of the Department,
including all salaries and wages,equipment and supplies and for the maintenance,heating,
lighting and ordinary repairs of buildings.
E. To make and promulgate from time to time such rules,regulations and bylaws as it may deem
necessary and expedient for the government and discipline of the Department not
inconsistent with this Charter or the ordinances of the City of Ithaca or of the laws or
Constitution of this state or of the United States.
F. To be trustees of all moneys now constituting the Active Firemen's Relief Fund,together with
1/2 of all moneys that may hereafter be received by the City of Ithaca as a Fire Department tax
on premiums on policies of foreign and alien fire insurance companies pursuant to§§9104
and 9105 of the Insurance Law(except the amount payable under the provisions of such law
to the Firemen's Association of the State of New York),together with any other moneys,gifts
or property whatsoever acquired for relief or benefit purposes,to be accumulated as a relief
fund for sick, indigent or disabled fire fighters,with power to draw upon such fund for
temporary relief and benefits only,as said Board shall determine.Said moneys shall not be
used for any other purposes,except that the Board may,at any time,distribute such Fire
Department tax moneys so received equally among each of the volunteer fire companies of
the City for the use and benefit of the Ithaca Fire Department and the company or companies
comprising the same so long as the balance of said relief fund shall be at least the sum of
$9o,000. Said Board shall have full power and authority to invest such funds in any
investments legal for trust funds under the laws of the State of New York.At the close of
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each fiscal year and at such other times as the Common Council shall require,said Board of
Fire Commissioners, as such trustees, shall submit to the Common Council a detailed
accounting of such fund.
[Amended 8-5-1992 by L.L.No.3-1992]
G. To be trustees of all moneys now constituting the Veteran Volunteer Firemen's Relief Fund
and to pay the interest thereon to the Veteran Volunteer Firemen's Association of Ithaca
annually.
(1) Said Board is further authorized to pay from the principal of such fund from time to
time such amounts as it may deem necessary or desirable for the relief of any sick,
indigent or disabled member of the Veteran Volunteer Firemen's Association of Ithaca,
but the total amount so paid to any one member shall not exceed the sum of$200.Such
expenditures from principal shall be made, however, only upon the written
recommendation of the Board of Trustees and President of said Association. Said
Veteran Volunteer Firemen's Association of Ithaca is hereby authorized to adopt any
further regulation or restriction relating to the expenditure of the principal of such fund
not inconsistent herewith as it may deem desirable for the preservation of the fund and
for the purpose of limiting properly the amount to be withdrawn and the use thereof.
(2) Said Board of Fire Commissioners shall also pay to the Veteran Volunteer Firemen's
Association of Ithaca on March 1 and September 1 of each year 1/2 of all moneys received
by the City of Ithaca pursuant to the provisions of§9104 of the Insurance Law of the
State of New York as a Fire Department Tax on premiums on policies on foreign and
alien fire insurance companies,except the amount payable under the provisions of such
law to the Firemen's Association of the State of New York. Said Board shall have full
power and authority to invest such funds in any investments legal for trust funds under
the laws of the State of New York.
[Amended 8-5-1992 by L.L. No.3-1992]
(3) At the close of each fiscal year and at such other times as the Common Council shall
require, said Board of Fire Commissioners and said Veteran Volunteer Firemen's
Association of Ithaca, New York, shall submit to the Common Council a detailed
accounting of such fund.
H. To divide the employees of the Fire Department into platoons and prescribe the tours of duty
for said employees. Such tours of duty shall be in accordance with §1015 of the
Unconsolidated Laws, except that, in the event of conflagrations or riots or other
emergencies,said employees shall remain on duty,subject to the orders of their superiors,
and shall receive an extra allowance based on their salary if they are required to perform
their duties during such period of emergency at a time when they usually would be off duty
or receive compensatory time off as provided in§1o15 of the Unconsolidated Laws.
[Amended 8-5-1992 by L.L.No.3-1992]
§ C-97. Limitation of expenditures.
Said Board of Fire Commissioners shall in no year expend a sum or incur any indebtedness in
excess of the amounts appropriated by the Common Council for the use of said Fire Department
and the amounts made available pursuant to the Local Finance Law,and such Commissioners shall
be personally liable for any expenditure or indebtedness incurred In excess of such appropriations.
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City of Ithaca, NY Page 4 of 4
§ C-98. (Reserved)
[1] Editor's Note:Former§C-98,Fire Chief and other personnel,as amended,was repealed 6-7-2077 by
L.L.NO.5-2077.
§ C-99. Student bunkers; workers' compensation.
[Amended 8-5-7992 by L.L. No.3-1992]
The Board of Fire Commissioners of the City of Ithaca is hereby authorized to contract with
student bunkers at the various fire stations so that said bunkers will be covered by Workers'
Compensation pursuant to §3, Article 1, Subdivision 1, Group 19, and §50 of the Workers'
Compensation Law of the State of New York,and such Workers'Compensation coverage is hereby
extended to said student bunkers.
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BOARD OF FIRE COMMISSIONERS
JANUARY 12, 1988
MINUTES
1 . Chairperson 'Schmid called the meeting to order at 7:30 P.M.
2. Two new Fire Commissioners (representing the Town of Ithaca)
were introduced : Gl^ria Hnwell and Robert Earl .
3. Commissioners Cornelius and Earl reviewed the audit . Hearing
no objections, the audit was approved in the amount of
$3,588.99.
After a discussion of the audit review procedure, it was
decided that a* item-by-item review was no longer necessary.
The Commissioners will be given a list of vendors and the
amounts due - if there is a question, vouchers and purchase
orders will be available to answer the question.
` 4" Ralph Nash, City Attorney, was on hand to answer questions and
concerns the Commissioners have regarding "2% monies" . The
following is a summary of their discussion:
- Funding of an audit of accounts that the Commissioners are
responsible for can be paid for with funds from that account.
This wsuld be considered a "reasonable expenditure" .
- A description of the manner in which this account is to
be administered was reviewed: 50% of the fund is used for
Volunteer Firemen's Relief ( to help the sick, indigent or
needy volunteer ) . 50% of the fund is divided among the
volunteer companies. A $90,000 balance must always be main-
tained in the account .
- Commissioners cannot distinguish between "active" or
"inactive" volunteer companies or volunteers in determining
distribution of these funds. All funds must be divided
equally. Fire Commissioners have the responsibility for-
defining
ordefining the makeup of a volunteer company.
- The Commissioners are concerned with accountability of
these funds from the various vnlunteer companies and the manner
in which the Board administers the fund. It was agreed that to
ask the volunteer companies for an accounting of these funds
was not unreasonable and an audit of the entire account
��s in order .
- Commissioners Schmid and Cornelius will put together at
list of information that they would like an auditor to
work on, and solicit quotes from 2 or 3 CPA firms.
- A request from Jack Ward regarding reimbursement of fees
( in connnection with a law suit relative to 2% funds) was
referred to the City Attorney for his reveiw and recommenda-
tion.
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MINUTES
BOARD OF FIRE COMMISSIONERS
JANUARY 12, 1988
PAGE 2
- In answer to questions regarding the disposition of the
law suit, and the wording of the City Charter as it relates to
distribution of 2% funds, Common Council is the only group
that can effect a change in the City Charter -
-- Mr. Nash advised the Commissioners that, in his opinion, it
was not necessary for the Firefighter's Union to reimburse the
two payments they received during the lawsuit.
- At present , the City Chamberlain is delegated the respon-
sibility of investing the funds in this account. The Commis-
sioners will ask her for a report of where the Funds are
invested and at what percectage rate.
5. Monthly Reports: The Fire Chief presented the monthly reports.
Hearing no objections, the reports were accepted.
6. A motion was made to approve an amendment to Rules and Regula-
tions relative to a past practice with the bargaining unit and
"mutuals" . After a discussinn~ the vote was as follows:
y E.-� Commissioner-s-, Moravec!. Howell and Cornelius
Commissioners Earl and Schmid.
The motion carried.
(A copy of the Amendment is in the Minute Book )
7. Commissioner Schmid made a motion to approve P.K. Reeves as a
new member of Co. #3 (physical is compIete) . Mr . Earl seconded
the motion. Carried unanimously.
8. Commissioner Earl made a motion to accept, with thanks, a $100
donation to the Department from Abbott Associates.
Mr. Cornelius seconded the motion. Carried unanimously.
A letter of thanks will be sent from the Department.
9. A payment of $24.25 to the Shortstop for fond for training
was approved.
10. A request from the School District to hold School elections in
Central Fire Station in May was approved; however with a note
to the School District that they may want to find an alternate
site for this election only due to renovations taking place in
the station about the same time.
11 . At 9:10 P.M. the Commissioners went into executive session to
discuss a personneI matter and to hear requests from needy
members.
12. At 9.25 P.M. the Commissioners resumed open session. �
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MINUTES
January 12, 1988
Page 3
Commissioner Earl moved approval of the Chief's recommendation
to suspend a volunteer/bunker member of the Ithaca Fire Dept .
pending the outcome of a police matter. Seconded by Mr.
Schmid. Carried unanimously.
The following requests were approved :
$265.54 for a needy member of Co. #1 ;
$346.00 for a needy member of Co. #7;
$429.39 for a needy member of Co. #i .
The meeting adjourned at 9:30 P.M.
Respectfully submitted,
��
` ���1'4�' �r .
Karl F. Schmid, Chairperson
Doard of Fire Commissioners
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Ithaca Board of Fire Commissioners
April 14,1998
Page 3
received;and he was able to utilize a high-tech video /computer display that
was being loaned by a company that hopes we will purchase the system. This
made a much more interesting presentation than just flipping through papers.
Since there was not enough time to finish the presentation, the Committee will
meet with the Chief again on May 11th to discuss the budget portion of the
presentation.
-Tompkins County has dedicated three parking spaces in the W. State St.
parking lot for the 911 dispatchers(on the County side) which frees up those
spaces on the IFD side.
-The Central Fire Station roof replacement project was finished today.
-The new aerial truck is in production at LTI.
-Last Monday,April 6th,Chief Wilbur went to Albany and met with
Assemblyman Luster,Senator Seward and a representative from Senator Kuhl's
office as part of the New York State Association of Fire Chief's legislative day.
He has generated financial support for the Training Center for capital needs in
the next two years. They also discussed a variety of other fire related topics.
-Common Council has confirmed the appointments to the Regional Training
Center Committee.
-Chief Wilbur discussed the plans for the IFD/Co. 2175th year celebration
activities that are being planned. He discussed the possibility of setting up a
Trust and Agency account to collect funds for the program booklet advertising
project. The City Chamberlain will be asked to set up the fund; and Eileen Camp
in the IFD office will do the accounting. He suggested the possibility of$30-
40,000 could be collected. _
Chair Romanowski made a motion to authorize the City Chamberlain to set up a
Trust and Agency account to collect the funds for the 175th celebration.
Seconded by Comm. Baker. Carried unanimously.
IX. Old Business:
-Chair Romanowski reported that the BFC Policies &Procedures manual is
almost complete-he thanked Comm. Alexander and others for their help. This
manual will need to be kept up-to-date.
-Station 7 status-Chief Wilbur distributed a market analysis that was completed
Ithaca Board of Fire Commissioners
April 14,1998
Page 5
-The 175th Anniversary Planning Committee has recommended having the
celebration dinner at the Emerson Suites at Ithaca College for a variety of reasons
-it's within the district,can accommodate the numbers they are expecting to
attend -300-400,and they are available for the date of October 10th. Comm.
Baker made a motion to approve the location of Emerson Suites at Ithaca College
as recommended by the committee and to provide for the$500 deposit required
(out of the operating budget). Seconded by Comm. Yahn. Carried
unanimously. Chief Wilbur reported that he feels there is a possibility of raising
all the necessary funds to cover costs for the celebration completely and that
accounts could be reimbursed if enough money is raised.
-Comm. Baker requested Board members make personal contributions of$10.00
each to buy an ad for the 175th celebration ad book. They will work out the
details later.
-Chair Romanowski reported that he expects the Board will be presented with a
request next month to purchase portable radios for the Fire Police. Comm. Baker
indicated it was his understanding that the Vet Volunteer Firemen's Association
had agreed to purchase 5 radios for this purpose.
-Comm. Baker inquired about the possibility of using funds from the recent
donation from the CU Hotel School auction to purchase needed items for the
training center. Chair Romanowski indicated that there were restrictions on use
of these funds-that the funds were to be used only for volunteers.
Chief Wilbur indicated that there was a possibility of Tompkins County being
receptive to funding some of the items as it is now a regional training center,to
be used by all County fire departments.
XI. Executive Session-At 1921 hours the Board moved into Executive Session to
discuss the 1997 Board of Fire Commissioners Recognition Award.
XII. The Board resumed open session at 1930 hrs. -Comm. Baker made a motion to
adjourn. Seconded by Comm. Yahn. Carried unanimously.
Respectfully submitted,
Christine M.Wilbur,Clerk
Ithaca Board of Fire Commissioners