HomeMy WebLinkAboutMN-CC-1993-12-01 December 1, 1993
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 1, 1993
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Johnson, Blanchard, Romanowski, Berg,
Golder, Schroeder, Hoffman, Efroymson
ABSENT:
Alderperson Daley
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Police Chief - McEwen
Fire Chief - Wilbur
Building Commissioner - Eckstrom
Planning and Development Director - Van Cort
Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
Superintendent of Public Works - Gray
Deputy City Controller - Thayer
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the October 6, 1993 Common Council Meeting
By Alderperson Efroymson: Seconded by Alderperson Berg
RESOLVED, That the Minutes of the October 6, 1993 Common Council
meeting be approved as published.
Carried (9-0)
Approval of Minutes of the November 3, 1993 Common Council Meeting
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That the Minutes of the November 3, 1993 Common Council
meeting be approved as published.
Carried (9-0)
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of Item 14.11,
Appointment of Assistant to the City Prosecutor and the addition
of Item 14.12, Amendment to the Personnel Roster with respect to
the location of the Meter Checker personnel.
No Council member objected.
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting to discuss the disposition of property.
No Council member objected.
Charter and Ordinance Committee
Alderperson Hoffman requested that Items 17.3 and 17.4 regarding
two Six Mile Creek Ordinances be added to the agenda.
No Council member objected.
MAYOR'S APPOINTMENTS:
Ithaca Housing Authority
December 1, 1993
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Mayor Nichols informed Council that he has appointed Linda Jain,
204 West Lincoln Street to the Ithaca Housing Authority.
City Judge
Mayor Nichols informed Council that he has appointed Judith
Rossiter, 521 South Cayuga Street, to the position of City Judge,
with a term to expire December 31, 1994.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Proposed Smoke Detection Ordinance
The following persons spoke regarding the proposed Smoke Detection
Ordinance:
Tim Terpening -- 207 West King Road
Orson Ledger -- 224 Linden Avenue
Larry Beck -- 138 Linn Street (for Johnson apts)
Will Kone -- 128 Grandview Court
John Novarr -- 404 Highland Road
Pat Hines -- 417 North Cayuga Street
Gordon VanNederynen -- 633 Bostwick Road
Chris Anagnost -- 304 College Avenue
Abandoned Grocery Carts
Ms. Jane Jones, 607 Warren Place, spoke to Council regarding the
problem of abandoned grocery carts.
Common Council- Note of Appreciation
Mr. Alan Cohen thanked the departing members of Common Council for
their service and noted that it has been a pleasure to speak to
Council, and has found them to be open-minded on most issues.
Tompkins County Area Development
Mr. Alan Cohen spoke to Council regarding funding for Tompkins
County Area Development. He urged Council to increase funding to
the TCAD.
Tompkins-Cortland Labor Coalition
The following persons spoke to Council in support of continued
funding for the Tompkins-Cortland Labor Coalition:
Roey Thorpe -- 709 North Cayuga Street
Duane Diviney -- 111 West Court Street
Mike Oates -- Area Vice-President of American Postal
Workers - in support of fundnig for TCLC and
raised questions about downtown Ithaca Post
Office
RESPONSE TO PUBLIC:
Shopping Carts
Alderperson Blanchard reported that the matter of abandoned
shopping carts is being worked on and information will be
forthcoming.
Proposed Smoke Detection Ordinance
Alderperson Schroeder stated that he agrees with the many persons
who spoke tonight regarding the proposed smoke detection
ordinance. He stated that this is an extremely sweeping
ordinance, it will be expensive to implement and he believes it is
incumbent upon the Council to make sure that the public is aware
of what it contains and that there be a strong public information
campaign to be sure that the public understands the factors
involved. He further suggested that the Charter and Ordinance
Committee work with the individuals who will be affected by the
ordinance to get input before passage.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following items:
December 1, 1993
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Brandon/Dunmore Streets - The Board passed a resolution on
November 10, 1993 to make Dunmore Street a one-way street south to
State Street, to help ease the problem of cars taking short cuts
to Mitchell Street. This change should be implemented December 6,
1993.
Permit parking spaces and rates - The Board has decided to open up
the next three regular voting meetings (December 8, December 22,
and January 12), for public comment on the proposed changes in
parking rates at the lots and ramps.
Police/Community Relations
Ms. Camilla Lisbe thanked Council for their support for
implementing the Task Force recommendations and for funding for
the Southside Police Youth Program and the Lay Advocates Program.
COMMUNICATIONS FROM THE MAYOR:
City Hall Annex
Mayor Nichols stated that the City has received a purchase offer
for the Annex.
Aids Awareness Week
Mayor Nichols stated that this is Aids Awareness Week and there
are several events going on in the City. He urged Council to
participate in the various activities.
Outgoing Council
Mayor Nichols stated that this is the last regular meeting for six
members of Council. He thanked the outgoing members for all their
hard work and service to the City.
Proposed 1994 Budget
Mayor Nichols stated that final approval of the 1994 budget is on
tonight's agenda. He explained to the public how the budget
process works. Mayor Nichols thanked all the Department Heads and
especially the City Controller for the work they have put into the
budget.
REPORT OF THE CITY ATTORNEY:
Seacord Property
City Attorney Guttman reported that the City has entered into a
contract with Seacord and pursuant to that contract the City will
be acquiring the property. He stated that we are now awaiting the
environmental audit which Seacord is preparing and as soon as the
City receives the title papers, we will be closing early next
year.
CHARTER AND ORDINANCE COMMITTEE:
* 17.2 An Ordinance Deleting Section 210-32.E Entitled "Fire
Protection Systems" in its Entirety of Chapter 210 Entitled
"Housing Standards" and Replacing With the Following Language
(Proposed Smoke Detection Ordinance)
By Alderperson Hoffman: Seconded by Alderperson Booth
ORDINANCE NO. 93 ---
An Ordinance deleting Section 210-32.E in its entirety and
replacing it with the following language:
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that current section 210-32.E. be deleted in its
entirety and the following language be inserted in the Municipal
Code:
December 1, 1993
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210-32.E Fire Protection Systems
1. Required Smoke /Heat Detectors
(a) Objective and Intent - This section is intended to
provide for a higher level of life safety in residential
buildings in the City. These are buildings in which the early
warning of fire would provide for a reduction in the
potential for loss of life in a fire and reduce the amount of
property loss by earlier notification of the Fire Department
of fire events.
(b) Smoke/Heat Detectors Mandatory in All Structures Used for
Residential Purposes - The owner of any structure used wholly
or partially for residential purposes within the City of
Ithaca is required to install and maintain a smoke/heat
detector or system in the structure in accordance with the
requirements set forth below.
2. General Equipment, Installation, and Maintenance Requirements
for Smoke/Heat Detectors and Smoke/Heat Detection Systems
(a) Installation and Maintenance - All heat, fire, or smoke
detection or alarm equipment installed in the City of Ithaca
must meet either the Underwriters Laboratory, Factory Mutual,
or other testing laboratory specifications approved by the
Building Commissioner and must be installed and maintained in
conformance with the requirements of this Section, the New
York State Uniform Fire Prevention and Building Code, the
applicable generally accepted standards and the
manufacturer's instructions and specifications. Records of
systems in multiple dwellings shall be kept as required by
the New York State Uniform Fire Prevention and Building Code.
(b) Operational Maintenance Required - The property owner shall
ensure that all systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any
combination thereof, are maintained in operating condition at
all times.
3. Required Installation Types
(a) Charts of Installation Type - The charts appearing
below, entitled respectively, "One Household dwelling
Smoke/Heat Detector Requirements", "Two-Household Dwelling
Smoke/Heat Detector Requirements" and "Multiple Dwelling
Smoke/Heat Detector Requirements" are incorporated into this
municipal code for the purpose of describing the type and
degree of smoke/heat detectors and systems that are required
to be installed by this part. The type of fire protection
required varies with the intensity of the building's use,
whether the owner occupies the building and the building's
height in stories. Owners of buildings of the use and height
as described in the top rows of the chart or charts shall
install and maintain the type of fire protection detector(s)
or system described in the column immediately below the
described use and height of the building. Wherever in this
ordinance the owner is required to install a smoke/heat
detector a smoke detector shall be installed unless the
Building COmmissioner has granted written permission or
required a heat detector to be installed.
(b) Independent Smoke/Heat Detectors -
(1) Self-Contained (Battery powered), Independent Smoke/Heat
Detectors - Where self-contained (battery powered)
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independent smoke/heat detectors are required by the
chart, they shall be located to provide smoke detection
coverage within each residential unit, so that at least
one detector is installed on each floor level where
there is habitable space or mechanical equipment other
than electrical wiring and lighting, gas piping or
plumbing without any connected energy utilization
equipment or overcurrent devices. Each such detector
shall provide an alarm where installed, and a detector
shall be located within ten (10) feet of the entrance to
every bedroom or other room used for sleeping purposes.
Where detectors cannot be located as required above
because of nuisance alarms, an exception to this
location requirement may be approved in writing by the
Building Commissioner. In determining whether to grant
such an exception the Building Commissioner shall
consider alternate arrangements that will provide
adequate audibility and safety.
(2) Independent Smoke/Heat Detectors Operating on Household
Current - Where independent smoke/heat detectors which
are connected to a building's electrical system are
required by the chart, they shall be located to provide
smoke detection coverage within each residential unit,
so that at least one detector is installed on each floor
level where there is habitable space or mechanical
equipment other than electrical wiring and lighting, gas
piping or plumbing without any connected energy
utilization equipment or overcurrent devices. Each such
detector shall provide an alarm where installed, and a
detector shall be located within ten (10) feet of the
entrance to every bedroom or other room used for
sleeping purposes. Where detectors cannot be located as
required above because of nuisance alarms, an exception
to this location requirement may be approved in writing
by the Building Commissioner. In determining whether to
grant such an exception the Building Commissioner shall
consider alternate arrangements that will provide
adequate audibility and safety.
(c) Interconnected, Independent Smoke/Heat Detectors
Operating on Household Current - Where required by the
chart, a system of interconnected independent smoke/heat
detectors shall be installed to provide smoke detection
coverage in the common areas of the building at each level
that contains habitable space, as well as in basements,
cellars and attics which contain mechanical equipment other
than electrical wiring and lighting, gas piping or plumbing
without any connected energy utilization equipment or
overcurrent devices. Detectors shall contain an audible alarm
or be connected to an audible alarm. These audible alarms
must be capable of being heard within all habitable spaces in
the building with the doors closed. When, in the opinion of
the Building Commissioner, smoke detectors are located in
areas where conditions exist that have the potential to cause
or have been demonstrated to cause nuisance alarms, the smoke
detectors shall be replaced with heat detectors located in
the required detector locations. If the Building Commissioner
determines that the detectors will not be heard in all
habitable spaces, an interconnection made from a smoke/heat
detector to a device or detector producing an audible sound
which is located within the dwelling or lodging unit that
will provide adequate audibility. Interconnected,
independent smoke/heat detectors are not required in any
building which has an approved complete-coverage,
fire-suppression, sprinkler system that also sounds an alarm
to warn building occupants of its activation.
December 1, 1993
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(d) Interconnected, Supervised Smoke/Heat Detectors - Where
required by the chart interconnected, supervised
smoke/heat detectors shall be installed to provide smoke
detection coverage within all rooms and spaces in each
non-residential unit, as well as in basements, utility,
heating, and storage rooms, and other similar spaces
except those spaces which have been designated by the
Building Department as not requiring protection and
shall provide fire detection coverage in the common
areas of the building at each level that contains
habitable space, as well as in basements, cellars and
attics which contain mechanical equipment other than
electrical wiring and lighting, gas piping or plumbing
without any connected energy utilization equipment or
overcurrent devices. All detectors shall contain an
audible alarm or be connected to an audible alarm. These
audible alarms must be capable of being heard within all
rooms in the building with the doors closed. Detectors
of this type shall also be provided with a manual means
of activating the alarm devices. The manual activation
means must be located at all exits at grade from the
structure. When, in the opinion of the Building
Commissioner, smoke detectors are located in areas where
conditions exist that have the potential to cause or
have been demonstrated to cause nuisance alarms, the
smoke detectors shall be replaced with heat detectors
located in the required detector locations. If the
Building Commissioner determines that the detectors will
not be heard in all sleeping rooms, an interconnection
made from a smoke/heat detector to a device or detector
producing an audible sound which shall be located to
provide adequate audibility within all rooms. The system
shall sound an audible signal which indicates a
malfunction of the system. The audible trouble
indication system may be supplemented with a visible
signal that gives a continuing indication of the
malfunction after the audible signal is silenced. This
system shall also be capable of providing standby power
to continue operation of the system on battery power
when the building's electrical system is temporarily
de-energized, as required by generally accepted
standards. Interconnected, supervised smoke/heat
detectors are not required in any building which has an
approved complete-coverage, fire-suppression, sprinkler
system that also sounds an alarm to warn building
occupants of its activation.
(e) Interconnected, Supervised Smoke/Heat Detectors with
Automatic Fire Department Notification - Where
interconnected, supervised smoke/heat detectors are required
by the chart they shall be installed in such a way as to
provide smoke detector coverage in the common areas of the
building, as well as in basements, utility, heating, and
storage rooms, and other similar spaces except those spaces
which have been designated by the Building Department as not
requiring protection. One detector shall also be located
within each dwelling or lodging unit within ten feet of any
grade level entrance door or any entrance door to a common
means of exit. The detection system shall be connected to an
audible alarm capable of being heard within all habitable
spaces and common areas with the doors closed. When, in the
opinion of the Building Commissioner, smoke detectors are
located in areas that have the potential to cause or have
been demonstrated to cause nuisance alarms, the smoke
detectors shall be replaced with heat detectors located in
the required detector locations. All detection systems
December 1, 1993
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required by this section shall be provided with approved zone
reporting capacity to ensure rapid and efficient location of
the source of the alarm by the Fire Department The Fire
Department shall approve the system's zone reporting
assignments before any system is installed. This type of
detection equipment shall also include a manual means of
activating the alarm devices. The manual activation means
shall be located at all exits at grade from the structure and
shall also be wired in such a way to provide automatic
notification to the Fire Department when activated. The
system shall sound an audible signal which indicates a
malfunction of the system. The audible trouble indication
system may be supplemented with a visible signal that gives a
continuing indication of the malfunction after the audible
signal is silenced. This system shall also be capable of
providing standby power to continue operation of the system
on battery power when the building's electrical system is
temporarily de-energized, as required by generally accepted
standards. Interconnected, supervised smoke/heat detectors
are not required in any building which has an approved
complete-coverage, fire-suppression, sprinkler system that
also sounds an alarm to warn building occupants of its
activation.
(f) Additional Non-required Detector coverage - Nothing in this
section shall prevent an owner from installing a greater
degree of smoke/heat detection than required by this
ordinance so long as the additional equipment is
installed and maintained as required by the
manufacturer's specifications and generally accepted
standards.
(g) Existing Smoke/Heat Detectors - Smoke/Heat Detection Systems
installed in Multiple Dwellings prior to the enactment of
this section shall be maintained in such a way as to continue
to provide the smoke/heat detection coverage previously
required for multiple residences and shall be extended or
enhanced, as needed, to provide the additional fire detection
coverage as required by this ordinance. These systems shall
be replaced or upgraded to provide for supervisory functions
in accordance with generally accepted standards.
4. Smoke/Heat Detector requirements
(a) Smoke Detector Types - Smoke detectors required under
this ordinance shall be of a type approved by the Building
Commissioner as capable of sensing visible or invisible
particles of combustion and providing a suitable audible
alarm in response to sensed particles.
(b) Heat Detector Types - Heat detectors required under this
ordinance shall be of a type approved by the Building
Commissioner as capable of sensing an abnormal rise in
temperature and providing a suitable audible alarm in
response to the sensed rise in temperature.
(c) Detector Location - Every detector required to be installed
and maintained by this ordinance must be installed,
maintained, and located in accordance with the generally
accepted standards and manufacturer's installation
instructions, or in a manner otherwise approved by the
Building Commissioner. Every such detector shall also be
located in such a manner that the detector will be reasonably
free from false alarms and provide visible indication that
the alarm is energized. A battery operated smoke detector
need not provide a visible indication that the detector is
energized, as long as the detector visibly or audibly
December 1, 1993
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indicates the loss of battery power.
(d) Detector Power Source - Each detector required by this
ordinance to be installed in existing one and two-story, one
household structures and side by side two household
structures and existing three (3) story owner-occupied one
household structures may be powered either by battery or by
household current. In order to prevent disablement of the
detector, or system, in all other types of structures,
independent detectors or interconnected detectors shall be
powered by household current and must be installed without an
intervening wall switch and may not be connected to a
separate breaker or fuse of the electrical system. Cord
connected installations are not permitted. Detectors and
related smoke/heat warning equipment shall be installed and
wired in accordance with the manufacturer's instructions and
the applicable generally accepted standards.
5. Inspection/Certification Requirements for Smoke Detection
Systems
(a) Certification of Supervised Smoke/Heat Detectors - Once
each calendar year, the owner or person responsible for a
structure protected by supervised smoke/heat detectors
and/or systems, shall provide the Building Department with a
Certificate of approval, prepared by a licensed
electrician on a form supplied by the Building Department,
certifying that the detector or system has been tested by
a licensed electrician and that the detector and all
components of the system are in working order and
maintaining the detector or system's intended level of fire
safety.
(b) Certification of Non-supervised Interconnected Smoke/Heat
Detectors - Once each calendar year, the owner or person
responsible for a structure protected by required
non-supervised interconnected smoke/heat detectors and/or
systems, excluding one and two family dwellings, shall
provide the Building Department with a Certification, on a
form supplied by the Building Department, certifying
that the system has been tested by a licensed electrician and
that all detectors in the structure are in working
order and are maintaining their intended level of fire
safety.
(c) Testing of One and Two Family Structure Detectors The
owner, or person responsible, for any non-owner ocupied one
and two family structure which is not covered under section
(a) or (b) above ((a) Certification of Supervised Smoke/Heat
Detectors, (b) Certification of Non-supervised
Interconnected Smoke/Heat Detectors) shall inspect the
smoke/heat detectors installed in their structures at least
once each calender year to verify that said detectors are in
working order and are maintaining their intended level of
fire safety.
(d) Certification After Repair - Any repair, alteration or
modification to a supervised or non-supervised system shall
necessitate a recertification of said system upon the
completion of the repair, alteration, or modification. The
replacement of batteries or battery operated units shall
not constitute a repair.
6. Effective Dates
(a) Effective Date - This ordinance shall take effect
immediately upon publication of a notice as required by the
December 1, 1993
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City Charter.
(b) New and Converted Structures - All new or converted
residential or mixed use structures shall comply with the
provisions of this section upon construction or conversion of
the structure. For the purposes of this ordinance, conversion
shall mean that alterations have been made to a structure
which is now covered by a column in the attached charts which
was not previously applicable to the structure.
(c) Existing Structures - Existing one and two-family structures,
multiple dwellings, and mixed use structures shall comply
with the provisions of this section by September 1, 1994.
Alderperson Hoffman stated that the Ordinance has been worked on
for several months by the Charter and Ordinance Committee, with
input from the Building Commissioner and the Fire Chief on how to
improve fire protection in the City.
Building Commissioner Eckstrom and Fire Chief Wilbur spoke
regarding the proposed Ordinance and answered questions from
Council members.
Motion to Refer Back to Committee
By Alderperson Schroeder: Seconded by Alderperson Blanchard
RESOLVED, That the proposed Smoke Detection Ordinance be referred
back to the Charter and Ordinance Committee for further review and
consultation with property owners, installers, electricians, the
Fire Chief and Building Commissioner and that the ordinance be
brought back for Council consideration at the April 1994 meeting.
Extensive discussion followed on the floor.
A vote on the Motion to Refer back to Committee resulted as
follows:
Ayes (4) - Romanowski, Blanchard, Schroeder, Hoffman
Nays (5) - Booth, Golder, Efroymson, Berg, Johnson
Motion Fails
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Johnson
RESOLVED, That the effective date for (c) Existing Structures, be
changed from September 1, 1994 to August 15, 1996.
Discussion followed on the floor.
Carried (9-0)
Alderperson Booth for the record stated that subdivision (b) of
the Effective Date section refers to "New and Converted
Structures" and subdivision (c) refers to "Existing Structures".
He believes that the ordinance is clear in its intention but he
wished to have it noted that (b) applies to existing structures
that are converted.
Alderperson Romanowski suggested that the title of the Ordinance
should be "Smoke/Heat Detection Ordinance". No one objected to
this change.
Alderperson Schroeder stated for the record that his chief reason
for voting against this ordinance is for procedural reasons but he
intends to vote for some form of this ordinance in the future.
A vote on the amending resolution resulted as follows:
December 1, 1993
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Ayes (7) - Hoffman, Romanowski, Berg, Efroymson, Johnson,
Booth, Golder
Nays (2) - Blanchard, Schroeder
Carried (7-2)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Hoffman, Romanowski, Berg, Efroymson, Johnson,
Booth, Golder
Nays (2) - Blanchard, Schroeder
Carried (7-2)
* 17.2b An Ordinance Amending Chapter 210, Entitled "Housing
Standards", Section 210-5 Thereof Entitled "Definitions"
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 93 - ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that the following definitions be deleted from the current
list of definitions found in Section 210-5 of the City of Ithaca
Municipal Code:
Dwelling Unit - One (1) or more rooms with provisions for living,
cooking, sanitary and sleeping facilities arranged for the use of
one (1) family.
Generally Accepted Standard - A specification, code, rule, guide
or procedure in the field of construction or related thereto,
recognized and accepted as authoritative.
Effective Date. This ordinance shall take effect immediately upon
publication of a notice as required by the City Charter.
Ayes (7) - Hoffman, Johnson, Booth, Golder, Efroymson, Berg,
Romanowski
Nays (2) - Blanchard, Schroeder
Carried (7-2)
* 17.2c An Ordinance Amending Chapter 210, Entitled "Housing
Standards", Section 210-5 Thereof Entitled "Definitions"
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 93 - ____
An Ordinance Amending Chapter 210, Entitled "Housing Standards",
Section 210-5 Thereof Entitled "Definitions"
BE IT ORDAINED AND ENACTED by the Common Council that the
following definitions be added to the current list of definitions
found in Section 210-5. of the Municipal Code:
Common area
a) Within the context of a single dwelling unit, common areas are
the living spaces used in common by residents of the household,
including, but not limited to, living rooms, foyers, household
rooms, stairways and that portion of the exit path to the exterior
used by the dwelling unit. Kitchens and bathrooms are not
considered common areas.
b) Within the context of a building with more than one residential
unit or a mixed occupancy building, common areas are any spaces
used by more than one of the building's tenants, or uses,
including, but are not limited to, entrance lobbies, stairways,
laundry rooms, mailrooms, etc. Common Areas in this context shall
December 1, 1993
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not include areas under the sole control of a single residential
unit.
Dwelling Unit - One or more rooms designed or used for living
quarters by one household, including provisions for living,
cooking, sanitary and sleeping facilities and having a separate
entrance from the outside of the building or through a common
hall. For the purposes of this chapter, a dwelling unit includes
those portions of the building used for access to the living
quarters and any ancillary spaces, such as laundry rooms,
mechanical rooms and similar spaces within the building that are
used by or support the occupants of the unit.
Grade, Average Elevation of Finished - The natural surface of the
ground or the surface of the ground, after completion of any
change in contour abutting a building or premises, the average
elevation of which is a single point determined by the weighted
average elevation of the finished grade adjoining each of the
exterior walls of the building, where such walls face open space
which is essentially level for ten feet or more. Areaways,
driveways and entrances of abrupt change of elevation totalling
ten percent or less of the length of the wall shall not be
included in determining the average elevation.
Generally Accepted Standard - A specification, code, rule, guide
or procedure in the field of construction and fire prevention or
related thereto, recognized and accepted as authoritative, which
includes the list of reference standards in Title 9 New York Code
Rules and Regulations (New York State Uniform Fire Prevention and
Building Code) as of December 1, 1993.
Independent Heat/Smoke Detector - A single device which without
any other devices, other than a power source, senses either smoke,
heat or other products of combustion and contains within itself
the ability to sound an audible alarm at the device location.
Interconnected, Independent Smoke/Heat Detectors - A series of
independent smoke/heat detectors, connected in such a way that
activation of any detector causes the alarms of all detectors in
the series to also sound their alarms.
Mechanical Equipment - Plumbing, heating, electrical, ventilating,
air conditioning, refrigerating, elevators, dumbwaiters,
escalators, and other mechanical additions or installations.
Mezzanine - An intermediate level between the floor and ceiling of
any space that is completely open or provides adequate visibility
to the level below.
Self-Contained, Independent Heat/Smoke Detector - A single device
which without any other devices, other than a power source, senses
either smoke, heat or other products of combustion and contains
within itself the ability to sound an audible alarm at the device
location. Such a device need not be connected to the electrical
system of the building but may instead be connected to a battery,
as its own internal power source.
Side by side, Two Family dwelling - A building containing two
dwelling units which are separated from each other by a vertical
wall without openings. In this type of building there are no
habitable spaces which are under the sole control of one of
dwelling units located above another space under the sole control
of the other dwelling unit.
Supervised Smoke/Heat Detectors - Smoke/Heat detectors connected
December 1, 1993
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together in a system which provides for a signal indicating the
need for action to either maintain or repair the system.
Supervised Smoke/Heat Detectors with Automatic Fire Department
Notification - Smoke/Heat detectors connected together in a system
which provides for a signal indicating the need for action to
either maintain or repair the system and shall also automatically
provide for notification of an alarm condition to the Fire
Department as specified in Municipal Code Chapter 181.
Story - a portion of a building which is between one floor level
and the next higher floor level or a roof. The following locations
shall not be deemed a story:
(1) a basement where the finished floor immediately above is less than
seven feet above the average elevation of the finished grade;
(2) a cellar;
(3) an attic not meeting the requirements for habitable space. This
includes the lack of permanent stairs or sufficient dimensions
to qualify as habitable space as described herein;
(4) roof construction enclosing stairs or equipment other than for
elevators, provided they are less than 12 feet in height and do
not occupy more than 30 percent of the area of the roof on
which they are located; and elevator hoistway and elevator
machine rooms;
(5) for one and two household dwellings a mezzanine with a floor area less
than one third of the floor area immediately below;
(6) for multiple dwellings, a mezzanine with a floor area less
than 5000 square feet and less than one third of the floor area
immediately below.
Effective Date. This ordinance shall take effect immediately upon
publication of a notice as required by the City Charter.
Ayes (7) - Hoffman, Johnson, Booth, Berg, Golder, Efroymson,
Romanowski
Nays (2) - Blanchard, Schroeder
Carried (7-2)
* 17.2d An Ordinance Amending Chapter 210 Entitled "Housing
Standards", Section 210-2.B Thereof Entitled "Applicability"
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 93 --_____
An Ordinance Amending Chapter 210 Entitled "Housing Standards",
Section 210-2.B Thereof Entitled "Applicability"
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that current section 210-2.B. be deleted in its entirety
and the following language be inserted in the Municipal Code:
This Part 1 shall not apply to mobile homes or to other forms of
temporary housing, including, but not limited to tourist camps,
farm labor camps, and travel trailers. However, this exclusion
does not apply to transient-type occupancies and uses, including,
but limited to nursing and convalescent homes, hotels, motels and
other similar occupancies or uses.
December 1, 1993
13
Effective Date. This ordinance shall take effect immediately upon
publication of a notice as required by the City Charter.
Ayes (7) - Hoffman, Johnson, Booth, Berg, Efroymson,
Romanowski,
Golder
Nays (2) - Blanchard, Schroeder
Carried (7-2)
BUDGET AND ADMINISTRATION COMMITTEE:
* 14.1 Adoption of 1994 Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, this Common Council is now considering adoption of the
Amended Executive Budget for 1994 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the total
appropriations and estimated revenues, as set forth in said
Amended Executive Budget for 1994 and as those amounts may be
altered by action of this Common Council at its December 1, 1993
meeting, are adequate for the operation of the City during 1994;
now, therefore be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1994, together with any additional
changes made in said budget at Council's December 1, 1993 meeting
as the City of Ithaca Budget for 1994, in the total amount of $
33,117,792., and be it further
RESOLVED, That the following sections of the 1994 Budget be
approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Joint Activity Fund Appropriations
E) Solid Waste Fund Appropriations
F) General Fund Revenues
G) Water Fund Revenues
H) Sewer Fund Revenues
I) Joint Activity Fund Revenues
J) Solid Waste Fund Revenues
K) Debt Retirement Schedule
L) Capital Projects
M) Schedule of Salaries and Positions - General Fund
N) Schedule of Salaries and Positions - Water & Sewer Fund
O) Schedule of Salaries and Positions - Joint Activity Fund
P) Schedule of Salaries and Positions - Solid Waste Fund
Q) Authorized Equipment - General Fund
R) Authorized Equipment - Water Fund
S) Authorized Equipment - Sewer Fund
T) Authorized Equipment - Joint Activity Fund
U) Authorized Equipment - Solid Waste Fund
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That $5,000. be added to the Capital Projects Budget to
study the feasibility and to do cost estimates for the following
three projects:
1. Tuning Fork improvements
2a.Re-orienting the way State Street intersects with Aurora Street
at the east end of the Commons;
2b.Functionally extending the Commons into the next block of West
December 1, 1993
14
State Street;
3.To investigate a continuous pedestrian walkway along the Six
Mile Creek waterway in downtown Ithaca
Discussion followed on the floor.
City Controller Cafferillo recommended that the $5,000 for the
above additions to the Capital Projects List come from a capital
reserve that was established a number of years ago to study future
capital improvements.
A vote on the Amending Resolution resulted as follows:
Ayes (6) - Schroeder, Efroymson, Johnson, Berg, Golder, Hoffman
Nays (3) - Blanchard, Romanowski, Booth
Carried (6-3)
Main Motion on Budget as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (9-0)
* 14.2 Adoption of 1994 Tax Rate
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the 1994 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $33,117,792., on December 1,
1993, in accordance with a detailed Budget on file in the Office
of the City Controller, and
WHEREAS, available and estimated revenues total $26,160,146.,
leaving $6,957,646. as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 1994, certified and filed by the
Assessment Department of Tompkins County, has been footed and
approved and shows the total net taxable valuation as
$873,856,600., and
WHEREAS, under Charter provisions, the tax limit for City purposes
amount to $17,050,191. for 1994; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal
year 1994, be, and the same hereby is, established and fixed at
7.962 per $1,000 of taxable valuation as shown, certified and
extended against the respective properties on the 1994 Tax Roll,
thereby making a total tax levy, as near as may be, of
$6,957,646., and be it further
RESOLVED, That the amount of said tax levy be spread, and the same
hereby is levied upon and against the respective properties as
shown on said City Tax Roll, in accordance with their respective
net taxable valuation, at the rate of 7.962 per $1,000 of such
taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to
extend and apportion the City Tax as above, and that upon the
completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized
and directed to sign and affix the corporate seal to such warrant
and forthwith to file the same with said Tax Roll with the City
Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and
Tax Roll with the City Chamberlain, the amounts of the City Tax
set opposite each and every property shall hereby become liens,
due, payable and collectible in accordance with provisions of the
City Charter and other laws applicable thereto, and be it further
December 1, 1993
15
RESOLVED, That the total sum of $33,117,792. be appropriated in
accordance with the Budget adopted, to the respective Boards,
Offices and Departments of the City, for the purposes respectively
set forth therein. The 1994 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and
resulted in the following valuation:
Total Value of Real Property $2,055,874,518
Less: Value of Exempt Property $1,203,684,674
Plus: Value of Special Franchises $ 21,666,756
Net Value of Taxable Property $ 873,856,600
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (9-0)
* 14.3 1994 Budget Directions
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has adopted the 1994 City of Ithaca
Municipal Budget, and
WHEREAS, it will be necessary throughout 1994 and beyond, to
exercise great caution in the expenditure of City tax monies and
to insure the collection of projected City revenues; now,
therefore, be it
RESOLVED, That effective January 1, 1994, no position for a City
employee that is vacant for any reason on or after said date shall
be filled unless and until the filling of that position is
approved by the Vacancy Review Committee, which committee shall
consist of the Mayor and the Chair and Vice Chair of the Budget
and Administration Committee, and
That the Vacancy Review Committee shall work in conjunction with
the Controller, the Personnel Administrator, and the applicable
department head in determining whether or not to fill any vacant
position, and
That the Vacancy Review Committee shall not approve the filling of
any vacant position in the City government unless and until the
Committee determines either 1) that the filling of a particular
position is essential to the proper functioning of the City
government and/or essential to the protection of life and safety
of the residents of the City, and that such position must be
filled immediately; or 2) that the department in which a vacant
position exists proposes that the vacant position be filled and
that another position(s) be vacated and left vacant, and that the
department has the means available to accomplish these actions,
and
That the Vacancy Review committee shall, when reviewing requests
to fill vacant positions, advise each department of its
affirmative action obligations, taking into consideration the
affirmative
action employment data for the department in which the vacancy
exists, and be it further
RESOLVED, That if a department is below the Tompkins County labor
force percentage for the employment of minorities and/or women,
December 1, 1993
16
the Vacancy Review Committee shall withhold approval for filling a
vacancy until such time as the candidate pool includes a
reasonable number of competitively qualified minority and/or
female candidates, or until such time as the department head is
able to demonstrate to the Committee that a sincere and concerted
effort has been made to recruit or promote such candidates, and
That the Vacancy Review Committee shall require a department head
to return to the Committee prior to appointing his/her choice of
candidate, if the department is below the Tompkins County labor
force percentage for the employment of minorities and/or women,
and if, following the required recruitment or promotions efforts,
the department head does not intend to appoint a minority or
female candidate, and
That the Personnel Administrator or his/her delegate shall act as
liaison between the Affirmative Action Advisory Committee and the
Vacancy Review Committee for the purpose of aiding the Vacancy
Review Committee in evaluating the status of each City department
as it relates to affirmative action efforts and employment data,
and
That the Personnel Administrator or his/her delegate shall also be
available to assist department heads in evaluating their
departmental employment data and in planning recruitment
strategies, if necessary, and be it further
RESOLVED, That the Vacancy Review Committee shall require any and
all departments to submit information, plans or proposals
regarding the reduction of personnel costs throughout 1994 and in
future years, and
That the Vacancy Review Committee shall report all of its actions
at least once each month to Common Council, and
That Common Council shall retain authority to consider and decide
any matter that has been, or might be, reviewed by the Vacancy
Review Committee, and
That the Vacancy Review Committee shall have authority to refer
any matter subject to its review to the full Common Council for
its decision, and
That the Vacancy Review Committee shall have authority to adopt
such reasonable procedures, including but not limited to setting
meeting dates and agendas and requiring the submission of
documentation relative to any request to fill a vacancy as it
deems necessary to carry out its authority under this resolution.
Carried (9-0)
Recess
Common Council recessed at 9:20 p.m. and reconvened at 9:30 p.m.
* 14.4 Finance Department-Chamberlain - Request Extension of Tax
Sale Redemption Period
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Common Council at its regular meeting of June 2,
1993, approved an extension for property redemption until November
11, 1994 for 432 North Titus Avenue, and
WHEREAS, the property owner at 432 North Titus Avenue has
requested an additional extension to redeem the property; now,
therefore, be it
RESOLVED, That the existing owner be permitted to redeem the
property at 432 North Titus Avenue, up to May 11, 1994, for the
December 1, 1993
17
total lien amount outstanding, plus additional interest penalty
and related costs through the date of the redemption.
Carried (9-0)
* 14.5 Finance Department-Chamberlain - Request Extension of Tax
Sale Redemption Period
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the property owner at 315 Second Street has requested an
extension for property redemption for the property at 315 Second
Street; now, therefore, be it
RESOLVED, That the existing owner be permitted to redeem the
property at 315 Second Street, up to May 23, 1994, for the total
lien amount outstanding, plus additional interest penalty and
related costs through the date of the redemption.
Carried (9-0)
* 14.6 Common Council - Request to Release Contingency Funds for
Tompkins-Cortland Labor Coalition
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Common Council placed $2,500. in restricted contingency
during the 1993 Budget Approval, and
WHEREAS, the funds were contingent on the Tompkins-Cortland Labor
Coalition's providing Council with evidence of a formal, good-
faith effort to secure funding from other municipalities in its
service area, including Tompkins County, Cortland County and the
City of Cortland; now, therefore, be it
RESOLVED, That the Tompkins-Cortland Labor Coalition has
successfully provided Common Council with the appropriate
documentation to support a formal, good-faith effort to secure
funding from other municipalities, and be it further
RESOLVED, That $2,500. be transferred from Account A1990
Restricted Contingency to Account A1012-435 Community Services
Contracts for 1993 funding to the Tompkins-Cortland Labor
Coalition.
Extensive discussion followed on the floor.
Alderperson Golder stated for the record that the person he lives
with does a lot of labor work and has been involved in union
organizing but neither one of them get any personal gain and he
does not think he has a conflict.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That the amount of $2,500. be amended to $1,700.
Ayes (4) - Blanchard, Romanowski, Hoffman, Booth
Nays (5) - Schroeder, Golder, Efroymson, Johnson, Mayor Nichols
Abstention (1) - Berg (in order to avoid the appearance of a
conflict)
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (5) - Golder, Johnson, Efroymson, Schroeder, Mayor Nichols
Nays (4) - Hoffman, Booth, Romanowski, Blanchard
Abstention (1) - Berg (in order to avoid the appearance of a
conflict)
Carried
* 14.7 Police Department - Request to Transfer Funds for Purchase
December 1, 1993
18
of Equipment
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Police Department has requested authorization to
purchase and rent various pieces of investigative equipment, and
WHEREAS, the total cost of equipment and DARE Program Supplies has
been estimated at $19,304; now, therefore, be it
RESOLVED, That an amount not to exceed $19,304 be transferred from
and to the following accounts for said purposes:
From Account To Account
A690-8 Drug Seizure Monies $11,676 A3120-460 Program
Supplies
A690-8 Drug Seizure Monies $ 1,163 A3120-470 Equipment
Rental
A690-9 Crime Prevention
Donations $ 6,465 A3120-460 Program
Supplies
Carried (9-0)
* 14.8 Department of Public Works - Request to Release
Contingency Funds for Transit ADA Requirements
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, $10,000 was placed in restricted contingency in the 1993
Budget for the purpose of funding the City of Ithaca's portion of
the 1993 Transit American Disability Act requirements, and
WHEREAS, the funds have been requested by Ithaca Transit in
relation to the Ithaca Tompkins Transit Center for the purpose of
purchasing computer equipment, and
WHEREAS, the other Ithaca Tompkins Transit Center entities,
Cornell University and Tompkins County, are funding similar
amounts for the Transit ADA requirements; now, therefore, be it
RESOLVED, That the $10,000 placed in Restricted Contingency
Account A1990 be released and transferred to Account A5630-435 Bus
Operation Contracts for the purpose of funding the purchase of
equipment for 1993 Transit ADA Requirements.
Carried (9-0)
* 14.9 Attorney - Request Funds for Litigation
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That an amount not to exceed $1,000 be transferred from
Account A1990 Unrestricted Contingency to Account A-1420-435 Law
Contractual Services to fund the use outside legal services for
pending litigation against the City.
Carried (9-0)
* 14.10 Planning Department - Request to Approve Contract for
Land Appraisal
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City received Requests for Proposals to perform
letter appraisals on the Inlet Island Alienation and Conversion
for multiple properties, and
WHEREAS, the previous contract for said appraisals in the amount
of $8,000 was never performed by the authorized contractor, and
WHEREAS, the Planning and Development Committee has recommended
that the proposal for said services be awarded to Midland
December 1, 1993
19
Appraisal Associates of Rochester, New York in the amount not to
exceed $27,900., and that the previously approved contract with
Charles Francis shall become null and void; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute a contract with
Midland Appraisal Associates in the amount not to exceed $27,900.,
for letter appraisals services respecting multiple properties
relating to the potential Inlet Island Alienation and Conversion,
and be it further
RESOLVED, That said funds will be derived from Capital Project
#207 West End Development, and be it further
RESOLVED, That the existing contract with Charles Francis for said
appraisal services be terminated for breach by Mr. Francis.
Alderperson Johnson stated for the record that the City did not
approach local agencies when we decided to do this and he hopes
that in the future we will look locally and try to include local
appraisers when we do something like this.
Alderperson Blanchard stated that she too was bothered by the fact
that we have such a selective process for the appraisals that we
did not give any local appraisers a chance for this work.
Ayes (8) - Booth, Romanowski, Schroeder, Golder, Johnson, Berg,
Efroymson, Hoffman
Nay (1) - Blanchard
Carried (8-1)
* 14.11 Appointment of Assistant to the City Prosecutor
By Alderperson Booth: Seconded by Alderperson Berg:
RESOLVED, That the Personnel Roster of the City Prosecutor's
Office be amended as follows:
Delete: (1) Senior Typist (30 Hours)
Add : (1) Assistant to the City Prosecutor (30 Hours)
and be it further
RESOLVED, That the position of Assistant to the City Prosecutor be
assigned to Grade 13 of the 1992 Confidential Employees
Compensation Plan ($15,698. - $20,205.) (35 hours), and be it
further
RESOLVED, That Margaret Fabrizio be provisionally appointed to the
position of Assistant to the City Prosecutor at a 1992 annual
salary of $15,396. (30 Hours) effective December 13, 1993.
Carried (9-0)
* 14.12 Amendment to the Personnel Roster - DPW and Police
Department
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That effective January 1, 1994, the Personnel Roster of
the Department of Public Works be amended as follows:
Delete: two (2) Parking Meter Checkers (40 hrs)
eight (8) Parking Meter Checkers (19 hrs)
and be it further
RESOLVED, That effective January 1, 1994, the Personnel Roster of
the Police Department be amended as follows:
Add : two (2) Parking Meter Checkers (40 hrs)
six (6) Parking Meter Checkers (19 hrs)
one (1) Senior Community Service Officer (40 hrs)
December 1, 1993
20
and be it further
RESOLVED, That the position of Senior Community Service Officer be
assigned to the CSEA Administrative Unit at Grade 20A ($17,373. -
$21,982.), and be it further
RESOLVED, That the employees who currently hold the Parking Meter
Checker positions in the Department of Public Works shall be
offered the newly created Parking Meter Checker positions in the
Police Department.
Carried (9-0)
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.1 Geographic Information System (GIS) Interim Franchise
Agreement
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca together with the County of Tompkins,
the Town of Ithaca, Cornell University and New York State Electric
and Gas have jointly developed a photogrammetric map which will
form the basis of a Geographic Information System (GIS) for the
area, and
WHEREAS, the Director of Planning and Development, the
Superintendent of Public Works and the City Attorney along with
the technical staff from the other involved parties have
recommended that it would be in the interest of all parties to
develop a long-term agreement for use and distribution of the map
and associated data, and
WHEREAS, the development of such a long-term agreement will be a
complex and time-consuming task, and
WHEREAS, it is in the interest of all parties to control the use
of the data, through the means of an interim agreement, during the
time when such long-term agreement is being developed, and
WHEREAS, City staff recommends that the Mayor be authorized to
sign an interim franchise agreement upon the recommendation of the
City Attorney, the Superintendent of Public Works and the Director
of Planning and Development, which agreement would control the use
of and set forth the City's rights to the map for a period of
approximately twenty-four (24) months from the date of signing;
now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to sign the interim
franchise agreement upon the advice of the City Attorney, the
Superintendent of Public Works and the Director of Planning and
Development, and be it further
RESOLVED, That the Director of Planning and Development and/or his
designee is hereby appointed as the City's representative to the
interim GIS Committee, whose task will be to develop policies for
the long-term maintenance and distribution of GIS information,
such policies to be approved by Common Council and the the other
partners as listed above, and be it further
RESOLVED, That the Director of Planning and Development is
authorized to act as the City's representative with respect to the
map and associated data during the period of the interim
agreement.
Alderperson Schroeder explained the resolution.
Carried (9-0)
* 15.2 An Ordinance Amending Chapter 320 Entitled "Watershed" of
December 1, 1993
21
the City of Ithaca Municipal Code
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the Six Mile Creek Watershed serves as the source of the
City of Ithaca's water supply and contains facilities and
resources critical to the successful operation of the water supply
and treatment system, and
WHEREAS, the Six Mile Creek Natural Area is one of unusual and
beautiful waterways, woodland and open fields with a rich native
flora and fauna, within walking distance of the Ithaca urban area,
and
WHEREAS, the City of Ithaca in 1970 designated the Six Mile Creek
Area from Giles Street to Burns Road as a Wildflower Preserve, and
WHEREAS, in 1983 Common Council appointed a special Six Mile Creek
Study Commission which, in 1984, produced its report, People and
Preservation, and
WHEREAS, the Common Council, in response to the report of the Six
Mile Creek Study Committee, began, in 1984, to take steps to
protect the recreational and ecological value of the Six Mile
Creek area, including the establishment of the Six Mile Creek
Gorge Committee, and the investment of public funds in signage,
the gorge ranger position, professional staff time and the
acquisition, by purchase, of land subject to inappropriate
development, and
WHEREAS, the Tompkins County Environmental Management Council has
named the Six Mile Creek area as a Unique Natural Area, and
WHEREAS, the Town of Ithaca's Conservation Advisory Council has
recognized the ecological and recreational value of the Six Mile
Creek area and has recommended its designation as a Critical
Environmental Area, and
WHEREAS, the Six Mile Creek Natural Area provides opportunities
for public education and ecosystems research, and
WHEREAS, the danger of infringement upon the character of the
Natural Area, by inappropriate development, has increased in
recent years, and
WHEREAS, the protection of the City's investment and the efforts
of many Ithacans to preserve this resource requires additional
commitment and action by the City; now, therefore be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. 93 ___
An Ordinance Amending Chapter 320 Entitled "Watershed" of the City
of Ithaca Municipal Code.
Section 1. That Chapter 320 entitled "Watershed" of the City of
Ithaca Municipal Code is amended as follows:
1. That a new section to be known and designated as Section 320-1
entitled "Commitment to Preservation and Policy on Use" is hereby
added to said Chapter to read as follows:
"320-1. Commitment to Preservation and Policy on Use
December 1, 1993
22
A. The Common Council hereby affirms the City of Ithaca's
commitment and intent to protect and maintain the following three
uses on City holdings within the Six Mile Creek Natural Area,
which area includes the City Watershed and Wildflower Preserve,
and which area is defined on a map entitled "Six Mile Creek
Natural Area", dated December 1, 1993, which map is filed in the
City Clerk's Office:
(1)The water supply system, including the reservoirs, raw water
line, dams, access roads and the necessary maintenance to
keep the water system operational for present and future
use.
(2)The current natural resources and natural character of the
area, which includes an exceptionally rich flora and fauna
in a unique habitat with adjacent buffer land.
(3)The opportunities for passive, low-impact recreation
appropriate for a natural area of which the City of Ithaca
has few that are public and easily accessible.
B. In its effort to protect and maintain these attributes, the
City shall be guided by the following principles:
(1)The City holdings within the Six Mile Creek Natural Area
shall remain as natural as possible, with the addition of
only minimal human-made elements, such as hiking trails or
facilities necessary for public safety and for operation
and maintenance of the water supply. Nothing herein is
intended to prevent construction of the Town of Ithaca's
proposed South Hill Recreationway.
(2)City boards and staff involved in any plans for construction
of new facilities or rehabilitation of existing facilities
in the Six Mile Creek Natural Area shall give thorough
consideration to the objective of preserving, to the
greatest extent possible, all three of the uses listed
above.
(3)The City shall continue to seek to protect from development
all land within the Natural Area boundary as defined on
the aforementioned Six Mile Creek Natural Area map,
through a planned strategy of negotiation of voluntary
easements, acquisition of development rights, purchase,
agreements with the Town of Ithaca, independent actions by
the Town of Ithaca, or otherwise.
Actions to implement this strategy shall be subject to Common
Council approval and actively pursued by the City Attorney
and a staff member designated by the Director of Planning
and Development.
(4)The City shall continue to seek to work cooperatively with
the Town of Ithaca and the Soil and Water Conservation
District to ensure protection of the area.
(5)The Six Mile Creek Advisory Committee shall be the advisory
body to the Board of Public Works (and to Common Council,
when appropriate) that shall coordinate City and public
concerns about the Natural Area.
(6)Ecologically-informed guidelines for Department of Public
Works maintenance activities within the Six Mile Creek
Natural Area shall be promulgated by the Department of
Public Works, in consultation with the Six Mile Creek
Advisory Committee, Circle Greenway, the Parks Commission
and the Conservation Advisory Council, and subject to the
December 1, 1993
23
approval of the Board of Public Works."
2. That Sections 320-1, 320-2, 320-3, 320-4, 320-5, 320-6, 320-7
and 320-8 shall be renumbered accordingly."
SECTION 2. Effective Date.
This Ordinance shall take effect immediately.
Discussion followed on the floor.
Alderperson Hoffman stated for the record that in regard to the
map, the Advisory Committee will be looking at the map and may
bring back suggestions for fine tuning of the boundaries.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That in A-1, after the word "maintenance", the words
"and alterations" be added.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (6) - Booth, Schroeder, Berg, Romanowski, Blanchard,
Efroymson
Nays (3) - Johnson, Hoffman, Golder
Carried (6-3)
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That B-1 shall read as follows:
"The City's holdings within the Six Mile Creek Natural Area
shall remain as natural as possible, with the addition of only
minimal human-made elements, such as hiking trails, and/or
facilities necessary for public safety and for operation,
maintenance, and necessary alterations of the water supply system.
Nothing herein is intended to prevent construction of the Town of
Ithaca's proposed South Hill Recreationway."
Ayes (6) - Booth, Schroeder, Berg, Romanowski, Blanchard,
Efroymson
Nays (3) - Johnson, Hoffman, Golder
Carried (6-3)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (9-0)
Property Value and Business Income Protection Program for
Properties in the Neighborhood of the Solid Waste and Recycling
Center on Commercial Avenue - Report
Alderperson Schroeder reported that the Neighborhood Advisory
Committee for the Solid Waste and Recycling Center has passed a
policy for compensating property owners and businesses in the area
from any economic impact that the facility might have. He stated
that the policy ultimately has to be approved by the City and the
County. The County has appointed a committee to consider the
proposed system for compensation. The City Attorney will be on
this committee.
Revision of Parking Ordinance - Report
Alderperson Schroeder reported that the ordinance has been talked
December 1, 1993
24
about several times in committee and has been referred to several
boards for their input. The matter will be coming back to the
Planning and Development Committee and will be discussed at the
next meeting.
HUMAN SERVICES COMMITTEE:
Summary Report Police/Community Relations
Alderperson Johnson reported that there has been a cooperative
effort between the Police, the Police Board, the PBA, the Mayor
and Council to improve Police/Community Relations. He stated that
this will be an ongoing process in the community.
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Amending Chapter 181 Entitled "Fire
Prevention" of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 93 -----
An Ordinance amending Chapter 181 entitled "Fire Prevention" of
the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1, Paragraph (3) of subdivision B entitled "System
Design" Section 181-21 entitled "Fire Alarm and Detection Systems"
is hereby amended to read as follows:
(3) Required Fire Department interconnects shall be provided by
connection to the municipal alarm system, by installation of a
radio transmitter alarm system, or by installation of a listed
digital alarm communicator transmitter approved by the Fire
Department. All other Fire Department interconnects must be
approved by the Fire Department prior to installation.
Section 2. This ordinance takes effect immediately.
Alderperson Hoffman gave an explanation of the ordinance.
Fire Chief Wilbur suggested that after the words "alarm system,
or" in the second line, the words "for the purpose of compliance
with Section 210 of the Housing Code" be added.
No Council member objected.
A vote on the Ordinance resulted as follows:
Carried (9-0)
* 17.3 An Ordinance Adding Chapter 113 Entitled "Six Mile Creek
Advisory Committee" to the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Berg
ORDINANCE NO 93 ____
An ordinance adding Chapter 113 entitled "Six Mile Creek
Advisory Committee" to the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1. That a new chapter to be known and designated as
Chapter 113 entitled "Six Mile Creek Advisory Committee" is hereby
added to the City of Ithaca Municipal Code to read as follows:
December 1, 1993
25
"Chapter 113
Six Mile Creek Advisory Committee
Section 113.1 Name. The Six Mile Creek Overseer Committee
established by the Common Council of the City of Ithaca, by
resolution of May 2, 1984, is officially renamed the "Six Mile
Creek Advisory Committee" and is continued pursuant to the terms
outlined herein.
Section 113.2 Purposes and Duties. The purposes and duties of
the Committee shall be as follows:
A. To support the conservation of the Six Mile Creek Natural
Area, in accord with the Commitment to Preservation and Policy on
Use contained in Article 1, §320-1 of Chapter 320 ("Watershed") of
the City of Ithaca Code.
B. To advise the Board of Public Works, the Department of
Public Works, the Planning and Development Committee of Common
Council and the Conservation Advisory Council in regard to public
concerns about the Natural Area and threats to the ecosystems
contained therein.
C. To monitor public usage of the Natural Area.
D. To assist in efforts to educate the public about the
importance and the fragility of the Natural Area.
E. To gather and present expert environmental information
about preservation of the resources of the Natural Area and proper
human use of the Area.
F. To assist the Superintendent of Public Works and the
Personnel Administrator in the selection of a Six Mile Creek Gorge
Ranger by reviewing applications and interviewing candidates.
G. To hear regular reports from and to advise the Gorge
Ranger.
H. To make recommendations to the Department of Public Works
or Board of Public Works regarding maintenance needs, procedures
or policies for the Six Mile Creek Natural Area.
I. To participate in discussions with the government of the
Town of Ithaca regarding Town policies with a potential effect on
the Six Mile Creek Natural Area at the direction of the Mayor or
the Common Council.
J. To make policy recommendations as needed regarding the Six
Mile Creek Natural Area.
K. To submit an annual report of the Committee's activities
and concerns to the Board of Public Works and Common Council.
Section 113.3. Membership.
A. The Committee shall consist of nine (9) voting members.
The Mayor shall appoint one member from each of the following
entities: the Common Council, the Board of Public Works, the City
Conservation Advisory Council, Circle Greenway, and the Town of
Ithaca Conservation Advisory Board. In addition, the Mayor,
subject to the approval of the Common Council, shall appoint four
(4) members from the public, all of whom shall have a scientific,
environmental and/or civic interest in the Six Mile Creek Natural
Area. At least six (6) members of the Committee shall be
residents of the City of Ithaca.
December 1, 1993
26
B. In addition, the Assistant Superintendent for Water and
Sewer, the Chief Operator of the City Water Filtration Plant, the
City Forester, the Gorge Ranger, and the Director of Planning and
Development (or his/her designee) shall serve as non-voting ex
officio members of the Committee.
C. All terms shall be for a maximum period of three years
(although reappointment is allowed). Members representing City or
Town boards or committees shall initially be appointed for a term
ending December 31, 1994, but shall be replaced if their service
on said board or committee ends. Of the four initial
representatives from the public, two shall be appointed for a term
ending December 31, 1994, one for a term ending December 31, 1995
and one for a term ending December 31, 1996. Subsequently, each
seat shall be filled for a three year term.
Section 113.4. Officers.
The Officers of the Committee shall be a chairperson, a vice
chairperson and a secretary, all of whom shall be elected by the
Committee.
Section 113.5. Quorum.
The Committee shall not act on substantive matters without the
presence of a quorum, which shall be five (5) voting members.
Section 113.6. Bylaws; records.
The Committee shall adopt Bylaws establishing rules of
procedure. The Committee shall keep accurate records of its
meetings and shall file an annual report as provided in §113.2 of
this chapter."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Carried (9-0)
* 17.4 An Ordinance Amending Chapter 320 Entitled "Watershed" of
the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Berg
ORDINANCE NO. 93 ____
An ordinance amending amending Chapter 320 entitled "Watershed" of
the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1. That Section 320-7, previously numbered 320-6 and
entitled "Six Mile Creek Overseer Committee", is hereby repealed
and is replaced with the following:
"Section 320-7. Six Mile Creek Advisory Committee.
The Six Mile Creek Advisory Committee (previously known as the
Six Mile Creek Overseer Committee) is charged with supporting the
conservation of the Six Mile Creek Natural Area in accord with the
Commitment to Preservation and Policy on Use listed above (§320-
1.), and with making additional policy recommendations to the
appropriate entities within City government.
The purposes, duties and membership of said Committee are set
forth in further detail in Chapter 113 of this Code."
December 1, 1993
27
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Carried (9-0)
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Berg
RESOLVED, That Council move into Executive Session to discuss sale
of City property.
Carried (9-0)
REGULAR SESSION
Common Council reconvened into regular session at 10:50 p.m. and
offered the following resolution for consideration:
Proposed Sale of 123 South Cayuga Street (the Annex)
By Alderperson Berg: Seconded by Alderperson Booth
WHEREAS, the property at 123 South Cayuga Street, commonly known
as the Annex, has been listed for sale with Lama Real Estate since
October 1992, and
WHEREAS, the listing with Lama Real Estate was preceded by several
other attempts to sell the Annex, including the prior designation
of a preferred sponsor and an attenpt to sell the property by
sealed bid, both of which attempts were unsuccessful, and
WHEREAS, the Common Council and Ithaca Urban Agency, after these
failed attempts to sell the property and in an effort to encourage
the submission of an acceptable offer, determined to use the
services of a commercial real estate broker to sell the building
for a fixed amount, and
WHEREAS, Lama Real Estate has submitted a purchase offer from Eva
Kadar proposing to purchase the Annex for $170,000. subject to the
following conditions:
1.the Buyer obtaining a financing commitment by December 23
2.approval of the purchase offer by the Buyer's attorney within
five days of acceptance
3.receipt of a report by the Buyer analyzing the condition of
the structural, heating, lighting, electrical and plumbing
systems within five days of acceptance (Buyer is
responsible for ordering such report)
4.assurances from the appropriate City agency that restaurant
and family residence are allowable uses relative to the
City's Zoning Ordinance within five days of acceptance,
and
WHEREAS, the I.U.R.A. has determined that the sale of the property
to Eva Kadar is consistent with the purposes of the Urban Renewal
Plan, and
WHEREAS, the I.U.R.A. has designated Ms. Kadar a qualified and
eligible sponsor for the purchase of this property, and
WHEREAS, although the sale price is below the asking price, in
view of all previous efforts to sell the building and in the
context of current economic conditions and the condition of the
local real estate market, the I.U.R.A. has determined that this
offer is a reasonable one and has recommended that it be accepted
by the Common Council; now, therefore, be it
December 1, 1993
28
RESOLVED, That the Common Council hold a public hearing on the
proposed sale terms at its regularly scheduled meeting on January
5, 1994 and that the City Clerk is hereby directed to have a
notice of this public hearing published at least ten days before
the date of the hearing.
Carried (8-0)
(Alderperson Golder left meeting before the vote).
ADJOURNMENT:
On a motion the meeting adjourned at 11:00 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor