Loading...
HomeMy WebLinkAboutMN-CC-1993-12-01 December 1, 1993 1 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 2 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 3 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 4 210-32.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) December 1, 1993 5 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 6 (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 7 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 8 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 9 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 10 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 11 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 12 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