HomeMy WebLinkAboutMN-CC-1994-10-05October 5, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. October 5, 1994
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Efroymson, Hanna, Shenk,
Sams,
Thorpe, Schroeder, Mackesey, Gray
OTHERS PRESENT:
City Attorney - Guttman
City Controller - Cafferillo
City Clerk - Paolangeli
Superintendent of Public Works - Gray
Building Commissioner - Eckstrom
Youth Bureau Director - Cohen
Planning and Development Director - VanCort
Fire Chief - Wilbur
Police Chief - McEwen
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
2.1 Approval of Minutes of the September 7, 1994 Common Council
Meeting
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the September 7, 1994 Common
Council meeting be approved.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Youth Committee
Alderperson Shenk requested the addition of an announcement.
No Council member objected.
New Business
Mayor Nichols requested an Executive Session to discuss the
possible acquisition of property.
No Council member objected.
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Nichols requested Council approval for the appointment of
Robert Romanowski, 160 Bundy Road, to serve as a Town
Representative on the Board of Fire Commissioners with a term to
expire June 30, 1997.
Resolution
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointment of Robert
Romanowski to serve as a Town Representative on the Board of Fire
Commissioners with a term to expire June 30, 1997.
Carried Unanimously
Rental Housing Advisory Commission
Mayor Nichols requested Council approval for the appointment of
Kimberly Esterman, 609 North Tioga Street, to fill a vacancy
created by the resignation of Carl Kadlic, to the Rental Housing
Advisory Commission with a term to expire December 31, 1994.
October 5, 1994
Resolution
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the appointment of Kimberly
Esterman to the Rental Housing Advisory Commission with a term to
expire December 31, 1994.
Carried Unanimously
Ithaca Housing Authority
Mayor Nichols announced that he has appointed Judith Van Allen,
109 Llenroc Court to the Ithaca Housing Authority with a term to
expire October 17, 1999.
COMMUNICATIONS:
Fire Prevention Week Proclamation
Mayor Nichols read the following Proclamation:
"WHEREAS, more than 4,000 people die from fire each year in the
United States, and
WHEREAS, eighty percent of all U.S. fire deaths occur in our
homes, and
WHEREAS, every day of the year home smoke detectors save lives by
warning people of a fire while they still have time to escape,
and
WHEREAS, while seven out of eight homes have at least one smoke
detector, these detectors may not be installed in the right
places or kept in good working order, leaving those homes
unprotected, and
WHEREAS, this summer a malfunctioning smoke detector ignored by
residents at 126 Westbourne Lane in Ithaca delayed notification
of the fire department and contributed significantly to the fire
that destroyed the building, and
WHEREAS, the Tompkins County Fire Service, the Tompkins County
Chapter of the American Red Cross, and other concerned local
organizations and businesses have joined together through the
Tompkins County Fire Prevention Task Force to urge all citizens
to act now to protect themselves from the devastating effects of
fire;
Now, therefore, I, Benjamin Nichols, Mayor of the City of Ithaca,
do hereby proclaim the week of October 9 - 15, 1994 as
FIRE PREVENTION WEEK
in the City of Ithaca. This week commemorates the great Chicago
Fire of 1871, which killed 250 persons, left 100,000 homeless and
destroyed more than 17,400 buildings.
I call upon all citizens to participate in fire prevention
activities at home, work and school; to heed the message: "Test
Your Smoke Detector for Life"; and to practice fire safety, not
only during this one week, but throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be
affixed the great seal of the CITY OF ITHACA this 5th day
October, 1994."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
AIDS Work
Ms. Marge Dill, representing the Human Services Coalition,
reported to Council on AIDS Work activities since August when the
City allocated emergency funds for their operation if certain
conditions were met.
October 5, 1994
Mayor Nichols stated that on the basis of Ms. Dill's report, it
is his opinion that AIDS Work has met the conditions that the
City set for releasing the money from unrestricted contingency
and he will recommend these funds be released as soon as
possible.
Route 13
Ms. Dooley Kiefer, 629 Highland Road, spoke to Council regarding
the proposed Route 13 project. She is in opposition to any four-
lane highways that cause the loss of wetlands and green space.
Canal Recreationway/Steamboat Landing Dock
Ms. Anna Steinkraus, President of the Farmer's Market, spoke to
Council regarding the possibility of a dock being built at
Steamboat Landing. She urged Council, on behalf of the Farmer's
Market to support the building of such a dock.
Canal Recreationway
Ms. Doria Higgins, representing Citizens to Save Our Parks,
addressed Council regarding agenda item 14.2 - City
Recommendations for Canal Recreationway Plan. She commented on
the 11 items listed in this resolution. She stated that Citizens
to Save Our Parks are mainly objecting to items 6, 9, and 10.
She requested that in the resolution the words "except for the
land past Treman Marina" be added to each of the items she has
referred to (6, 9, and 10).
Fall-in for Aids Work Day
Mr. Clay Hamilton informed the Council that on Saturday, October
22, USA Today/Gannett is sponsoring "Make a Difference Day" and
they are encouraging communities to work together on joint
activities, document these activities and submit them. Sixty
communities will receive $2,000 each. In conjunction with this
several activities have been planned for the date of Saturday,
October 22. It is being called "Fall-In For Aids Work Day". He
explained what some of the activities planned for Ithaca will be.
Nuisance Abatement Law
Mr. Mark Finkelstein, 210 Lake Street, spoke to Council in
opposition to the Nuisance Abatement Law which is on the agenda
this evening as a report.
Route 13 Project/Bicycle Safety
Mr. David Nutter, Chair of the Bicycle Advisory Council,
addressed Council regarding safety concerns for bicyclists in
connection with the Route 13 project.
RESPONSE TO PUBLIC:
Nuisance Abatement Law
Alderperson Efroymson stated that there will be a hearing on
October 11 at the Inter-Institutional Committee meeting regarding
the Nuisance Abatement issue.
Mayor Nichols stated that what we have heard from other
communities which have enacted a Nuisance Abatement Law is that
the threat of this kind of closing makes the landlords more
responsible for keeping up their property and making sure that
drugs and other illegal activities are not taking place at their
properties. He stated that as for the civil liberties issue, he
does not see this issue as a threat to civil liberties in any
way.
Route 13/Bicycle Safety
Alderperson Efroymson stated that he has concerns regarding
bicycle safety in regard to the Route 13 project and he will be
offering an amendment to the resolution to try to insure that
there is safe passage across Route 13 or that we should not go
ahead with the plan as proposed.
October 5, 1994
Alderperson Schroeder stated that he thinks that we absolutely
should proceed with the city bikeway proposal between the Black
Diamond Trail and the Town of Ithaca's South Hill Recreationway
as soon as possible. He stated that a component would be
building the bridge that would allow safe passage over Route 13
and he does think that should be a city priority.
Mayor Nichols stated that he believes the city has no authority
whatsoever to deal with what happens on Route 13 outside the
boundaries of the City and as far as he knows the Town of Ithaca
has not voted to oppose the construction.
Canal Recreationway
Alderperson Schroeder, in response to Ms. Higgin's comments on
the Canal Recreationway, stated that the three items she
mentioned as being part of yet another attempt to establish roads
and pavement in Allen Treman State Park is just not true. He
believes the natural state and tranquility of Allen Treman State
Park will be preserved.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
items:
Recycle Ithaca Bicycles - In August RIBS, which is using one of
the city buildings, requested use of more space at the old sludge
dryer building and that was denied because of continued use by
the Department of Public Works. The Board will be continuing
discussions with RIBS regarding their needs.
Cemetery Plantings - The residents of DeWitt Place asked for
permission to do some plantings in the City Cemetery and a
resolution was passed granting that request. The Board suggested
that they apply for a planting grant that Council had authorized
earlier in the year.
Community Gardens Signage - In August the Board received a
request from the Community Gardens Association for signs and
other measures to help protect pedestrians from traffic going
into the Carpenter Business Park. After much discussion, the
association members agreed to work with business owners and the
Department of Public Works staff to help solve these problems
related to pedestrians, the road, and the layout of the gardens.
Route 96 Project - The Board passed a resolution regarding the
relocation of the Seneca Street bridge. Of the several options
that were presented to the Board by Jon Meigs of the Planning
Department, the Board concluded that the most desirable location
for the bridge was the Black Diamond Trail to cross the Inlet at
the fish ladder. The Superintendent was directed to work with
State Parks on the feasibility of the project and to pass the
recommendation on to Council for consideration.
Southwest Park Alienation - The Board has endorsed the proposed
alienation of Southwest Park as it was proposed by the Parks
Commission and the Southwest Area Land Use Study Committee.
Cass Park Rink Repairs - In September the Board awarded
consulting services to Davis Mechanical in regard to the Cass
Park Rink repairs.
Inventory for Six Mile Creek - The Board passed a resolution
concerning funding and work with other municipalities, committees
and government agencies in a project to identify and inventory
problems in the Six Mile Creek Watershed.
Elmira Road Sidewalks Maintenance and Canal Recreationway
Resolutions - On tonight's Council agenda there are two
October 5, 1994
resolutions that have Public Works implications. The Board would
appreciate having more information and more time to comment on
these two resolutions.
Alderperson Schroeder responded that he feels attempts have been
made to keep the Board apprised of the first of these two items.
Board of Fire Commissioners
Commissioner Hamilton thanked the Council for the designation of
Fire Prevention Week and reported on the history of #9 Fire
Station and their upcoming 100th anniversary celebration.
REPORT OF THE CITY ATTORNEY:
Manufacturers and Traders Trust Company
City Attorney Guttman reported that the M & T Bank of Buffalo has
filed the appropriate applications to acquire ownership of the
Ithaca Bank Corporation, which is the holding company for
Citizens Savings Bank. A citizen's coalition, known as the
Coalition for Community Re-investment, questioned the propriety
of this acquisition and filed challenges with the Federal and
State Regulatory authorities. Negotiations took place between
members of the coalition and representatives of M & T Bank. The
Mayor, members of Council and Attorney Guttman were involved in
these negotiations. One of the primary efforts of the
negotiations was to have M & T Bank enter into a written
agreement in which they would specify what services they would be
providing for the community and how they would meet the
requirements of the Federal Community Re-investment Act.
As a result of negotiations there is now a rider to that document
which contains clarifications and additions. The July 19
document with that rider is written in the form of an agreement
between the M & T Bank and the coalition and members of the
coalition have signed that document agreeing to withdraw their
challenge to the merger application.
Mayor Nichols stated that he feels that this has been a very
positive experience, particularly with the involvement of so many
members of the community in this effort, as well as the city's
support and he thinks we've really learned how much we are able
to do under the provisions of the Community Re-investment Act.
He said that we should now be looking at the other banks to see
to what extent they are fulfilling their obligations.
PLANNING COMMITTEE:
* 14.1 Route 13 Project: Final Approval Resolutions for 500 ft.
of Project Inside City
A. Approval of Arterial Plans and Specifications
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, the N.Y.S. Department of Transportation has proposed a
state arterial project called "Route 13 Bridge Replacement
Project, SH 454 Ithaca Road Over Conrail/Cayuga Inlet and Over
Buttermilk Creek, City and Town of Ithaca, Tompkins County, PIN
3057.28.123", and
WHEREAS, this project involves the rebuilding of two deteriorated
bridges and eight-tenths of a mile of Route 13 south of the City,
beginning just within City limits, and
WHEREAS, D.o.T. has decided the entire stretch of this project
outside the City will be four lanes wide, and D.o.T. is now
asking the City to approve a four-lane width for the
approximately 500 feet of the project within the City, and
WHEREAS, Common Council by resolution on December 5, 1990,
February 6, 1991 and November 3, 1993 urged the D.o.T. to replace
these deteriorated bridges and to retain the essential existing
two-lane width of Route 13 along the entire project length, the
1993 resolution particularly stressing potential negative
environmental consequences of a four-lane solution, and
October 5, 1994
WHEREAS, in response to environmental concerns raised by both the
City of Ithaca and the Town of Ithaca, D.o.T. subsequently added
the following mitigation measures to the project:
(1) The implementation of a landscape plan calling for the
planting or saving of hundreds of tall evergreen trees, tall
deciduous trees and small ornamental trees and shrubs along
the entire length of the project, to preserve the sense of
driving through a forested preserve south of the City;
(2) The construction (as part of this project) of abutments
on the N.Y.S. Office of Parks, Recreation and Historic
Preservation owned right-of-way at the City line, such
abutments to be suitable for a specific bicycle/pedestrian
bridge schematic design; these abutments will facilitate the
future construction of a grade-separated crossing over Route
13 for a bicycle/pedestrian path along the old South Hill
Lehigh Valley Railroad spur, such path to connect
Fingerlakes State Parks' Black Diamond Trail with the Town
of Ithaca's South Hill Recreationway;
(3) The establishment of an attractive "gateway" where
Route 13 enters the City, created by a concentration of
plantings and the placement of the new abutments, the latter
having been designed to support a gently arched future
bicycle/pedestrian bridge which -- when built -- will
complement and enhance the "gateway" effect;
(4) The provision of sidewalks -- separated from the road
by curblawns -- leading from the City to Buttermilk Falls
Road and Buttermilk Falls State Park, such sidewalks to
connect with future sidewalks the City intends to build
along both sides of Elmira Road;
(5) The installation of a traffic signal at the
intersection of Routes 13 and 13A south of the City, and
WHEREAS, other environmental impact mitigation measures now
incorporated in the project include:
(1) The construction of a topographically difficult section
of the Black Diamond Trail passing under and beside the
northeast approach to the new Route 13 bridge over
Conrail/Cayuga Inlet;
(2) The construction of abutments for a future Black
Diamond Trail bridge over the Cayuga Inlet;
(3) The purchase of substitute park land providing rights-
of-way for future segments of the Black Diamond Trail;
(4) The creation of new wetlands near the Cayuga Inlet; and
WHEREAS, the City only has control over the approximately 500-
foot portion of the project within City limits, this portion
consisting now of a tapered transition between four-lane and two-
lane sections of Route 13, and
WHEREAS, City refusal to approve a four-lane width along these
500 feet would result in an extremely short two-lane constriction
between the long four-lane (and sometimes five-lane) section of
Route 13 within the City and the new four-lane section of Route
13 to be built as part of this project outside the City, and
WHEREAS, such a brief, irrational highway constriction would
constitute a hazard to motorists; now, therefore, be it
October 5, 1994
RESOLVED, That in consideration of the above, including each
listed environmental mitigation measure, and pursuant to
subdivision 2.5 of Section 349-c of the Highway Law, the designs,
plans and specifications for the work of construction,
reconstruction or improvement of the above described arterial
highway, as authorized in Section 349-c of the Highway Law, are
hereby approved, and be it further
RESOLVED, That the City Clerk is hereby directed to transmit five
(5) certified copies of the foregoing resolution to the N.Y.S.
Department of Transportation.
Extensive discussion followed on the floor.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Sams
RESOLVED, that the last two Whereas clauses be stricken from the
resolution and that the first Resolved clause be changed to read
as follows:
"RESOLVED, That in consideration of the above, including each
listed environmental mitigation measure, the City requests that
the eventual full cost of the bike/pedestrian bridge for the
Black Diamond Trail be paid for by the D.o.T and upon agreement
of this condition and pursuant to subdivision 2.5 of Section 349-
c of the Highway Law, the designs, plans and specifications for
the work of construction, reconstruction or improvement of the
above described arterial highway, as authorized in Section 349-c
of the Highway Law, are hereby approved, and be it further "
Alderperson Efroymson explained the reason for the amending
resolution.
Mayor Nichols suggested that the amendments be made in two parts.
Amending Resolution #1
"RESOLVED, That in consideration of the above, including each
listed environmental mitigation measure, the City requests that
the eventual full cost of the bike/pedestrian bridge for the
Black Diamond Trail be paid for by the D.o.T. and upon agreement
of this condition and pursuant to subdivision 2.5 of Section 349-
c of the Highway Law, the designs, plans and specifications for
the work of construction, reconstruction or improvement of the
above described arterial highway, as authorized in Section 349-c
of the Highway Law, are hereby approved, and be it further "
Discussion followed on amending resolution #1.
A vote on the amending resolution resulted as follows:
Ayes (5) - Gray, Booth, Johnson, Efroymson, Sams
Nays (6) - Schroeder, Hanna, Mackesey, Shenk, Thorpe,
Nichols
Motion Fails
Amending Resolution #2
Alderperson Efroymson withdrew the second amendment which would
remove the last two Whereas clauses from the resolution.
Discussion continued on the Main Motion.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That a new Resolved clause be added between the
existing two Resolved clauses to read as follows:
"RESOLVED, That the City strongly recommends that a traffic light
be established at the intersection of Route 13 and the entrance
to Buttermilk State Park."
Carried Unanimously
Discussion followed on the floor on the Main Motion as Amended.
October 5, 1994
Alderperson Schroeder stated, for the record, that he is not
happy about it being a four-lane road and if we had the power to
control this whole project, he would vote for a two-lane solution
but that is not what we are voting on and that is why he will
vote to approve the resolution.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Schroeder, Mackesey, Sams, Hanna, Thorpe, Shenk,
Gray
Nays (3) - Booth, Johnson, Efroymson
Carried (7-3)
B. Agreement by City to Maintain Sidewalks
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, the New York State Department of Transportation proposes
the replacement of Route 13 Bridges over Conrail/Cayuga Inlet and
over Buttermilk Creek, SH 454 Ithaca Road, in the Town and City
of Ithaca, New York, and
WHEREAS, the State will include in the construction,
reconstruction, or improvement of the above-mentioned project the
construction of sidewalks pursuant to Section 10, subdivision 22,
Section 46, or Section 349-c of the Highway Law, as shown on the
contract plans relating to the project, and
WHEREAS, the State Department of Transportation has agreed that
these contract plans (unlike the "Advance Detail Plans") will
show and specify that all sidewalks to be constructed as part of
this project will be placed as far back from the highway as
practicable, such that a curblawn will separate these sidewalks
from the road; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca approve
the proposed sidewalks shown on the contract plans relating to
the project and that the City of Ithaca will maintain or cause to
be maintained the newly constructed sidewalks shown on the
contract plans, including the control of snow and ice, and be it
further
RESOLVED, That the City Clerk is hereby directed to transmit five
(5) certified copies of the foregoing resolution to the State
Department of Transportation.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
C. Agreement by City Not to Permit Encroachment Upon the Right-
of-Way
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, the State Department of Transportation has notified the
Common Council of the City of Ithaca of the preparation of plans
and specifications for the improvement of the State Highway 454,
Ithaca Road, for a total length of 0.8 miles beginning at Route
Marker 13 36031120 and ending at Route Marker 13 36031128,
including replacement of the two bridges over Conrail/Cayuga
Inlet and Buttermilk Creek, and has made known its intention of
advertising a contract for the improvement of the same and has
requested an agreement from the Council to the effect that,
in the future, authorities of this municipality will not permit
an encroachment upon the right-of-way of said highway or street
within the corporate limits of the City of Ithaca, and
WHEREAS, such agreement will not prevent the City or any private
entity from applying to the Department of Transportation for
encroachment agreements in the future; now, therefore, be it
October 5, 1994
RESOLVED, That the Common Council of the City of Ithaca does
hereby agree with the State Department of Transportation that the
authorities of the City will not in the future permit any
encroachment upon the right-of-way of said highway, and be it
further
RESOLVED, That the City Clerk is hereby directed to transmit five
(5) certified copies of the foregoing resolution to the State
Department of Transportation.
Carried Unanimously
* 14.2 City Recommendations for Canal Recreationway Plan
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the New York State Legislature in 1992 transferred the
New York State Barge Canal System from the Department of
Transportation to the New York State Thruway Authority and
established the Canal Recreationway Commission as a subsidiary of
the Thruway Authority, and
WHEREAS, the Canal Recreationway Commission is charged with
preparation of a statewide Canal Recreationway Plan, and
WHEREAS, under mandate from the Governor and the Legislature,
this plan is to be sensitive and responsive to the needs of the
people in the communities bordering the canal system, and
WHEREAS, the Commission has requested that the City of Ithaca
provide a list of recommendations for the proposed Canal
Recreationway Plan, and
WHEREAS, under the Canal Recreationway Plan, any future decision
to implement recommendations on this list will reside with the
City of Ithaca, and
WHEREAS, the Planning and Development Committee has considered
such issues and made the following recommendations; now,
therefore, be it
RESOLVED, that the following items be included as recommendations
for the Canal Recreationway Plan:
Construction of a dock for transient boaters at the Farmer’s
Market at Steamboat Landing
Construction of attractive bank stabilization along the
length of the flood control channel, possibly including
seating along the channel. The bank of the flood control
channel is seriously deteriorated along almost its entire
length.
Periodic dredging of flood channel and construction of a
permanent dredge-spoil site. This site would be used to de-
water the dredge-spoils and dispose of them in an
environmentally appropriate and economical manner.
Reorganization of land uses on Inlet Island, including
building a public walkway along the island’s west edge and
encouraging waterfront-related development on the island’s
interior.
Establishment of public walkway around the DoT highway
division site and encouraging DoT to leave this site in
favor of a more appropriate waterfront land use.
Establishment of a bicycle/pedestrian trail system linking
Ithaca’s entire waterfront (including Cayuga Lake, the old
Cayuga Inlet, and the Flood Control Channel).
Accomplishment of the goals for Stewart Park adopted by
Ithaca’s Common Council on February 3, 1988. These goals
October 5, 1994
include preserving historic structures and beautifying and
protecting the shoreline in Stewart Park. One of several
resources for the implementation of these goals is Chapter
III of the “Stewart Park: 1987 Preservation Goals and
Guidelines.” Needed work includes stabilization and
restoration of the Cascadilla boathouse as well as the two
pavilions in the park. Consideration should also be given
to the construction of a public pier which might include a
mooring for a dinner boat.
Improvements to the Newman Golf Course, possibly including
construction of moorings along the shore of the golf course.
Enhancement of public access to the waterfront.
Attempt to establish public swimming on the lake within the
City.
Assistance to the Cascadilla Boat Club in finding a
permanent home.
Motion to Postpone
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the resolution on the City recommendations for
Canal Recreationway Plan be postponed for one month so that the
Board of Public Works may comment on these recommendations.
Carried Unanimously
Route 96 Project Update - Report
Alderperson Schroeder reported that on the list of 29 remaining
unresolved issues between the City and D.o.T., the City is not
asking for that 100 feet the D.o.T. had claimed to be measured
from the center of the road but rather we are saying we should
control the streets that are city owned. In addition, last week
D.o.T. agreed that in the contract drawings, Buffalo Street east
of Meadow will be shown as is, with two travel lanes, and two
parking lanes.
Police Chief McEwen commented that he and Mr. Van Cort met with
the project engineer last week and real progress was made as it
relates to some of the issues that will need to be addressed as
to traffic flow during the construction project.
Recess
Common Council recessed at 8:45 p.m. and reconvened in regular
session at 8:55 p.m.
INTER-INSTITUTIONAL COMMITTEE:
Nuisance Abatement Ordinance - Report
Alderperson Efroymson announced that there will be a meeting on
Tuesday, October 11th, at 4:00 p.m. in the Council Chambers
regarding the proposed Nuisance Abatement Ordinance. He stressed
the importance of public input regarding this ordinance.
YOUTH COMMITTEE:
Youth Curfew Ordinance
Alderperson Shenk announced that on Thursday, October 13th, at
7:30 p.m. in the Council Chambers the Youth Committee will be
holding a public meeting regarding the Youth Curfew Ordinance.
ECONOMIC DEVELOPMENT COMMITTEE:
B.T. Glass Building
Alderperson Mackesey reported that at the committee's meeting
last month, the Economic Development Committee directed staff to
put together bid proposals for the B.T. Glass building. That
package should be out by October 19th so that we can move toward
selling that building.
Feasibility Analysis of the Upper Stories of the Buildings on the
Commons
October 5, 1994
Alderperson Mackesey reported that staff is going to put together
an outline for a grant application to the New York State Urban
Development Corporation for feasibility analysis of the upper
stories of the buildings on the Commons.
City Hall Annex/Ithaca Hours
Alderperson Mackesey stated that in regard to the Annex, there is
a proposal from Ithaca Hours to renovate and use the first floor
of that building. The City is viewing this as a proposal for the
value of the renovations in exchange for a negotiated short-term
lease. Plans are being prepared by Ithaca Hours for that
process.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Finance/Clerk - Request to Approve City of Ithaca Records
Management Program
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca has undertaken the initial steps of a
Records Management Program, benefitting from four Grants-In-Aid
Projects totaling $125,809. from the New York State Education
Department, and State Archives and Records Administration (SARA),
and
WHEREAS, the City of Ithaca would benefit from a Records
Management Program through increased accessibility to City
records, reduced record storage costs, and a significant
reduction in staff research time; now, therefore, be it
RESOLVED, That the City of Ithaca hereby adopts the Records
Management Program and Procedures on file in the City Clerk's
Office.
Carried Unanimously
* 18.2 Youth Bureau - Request to Approve Joint Recreation Pilot
Program
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Inter-Municipal Recreation Task Force has worked for
more than two years to develop a proposal for a joint recreation
partnership agreement for the provision of recreation services to
youth and families in the area, and
WHEREAS, the proposed joint recreation partnership agreement will
involve a two-year pilot program, which will serve as the
foundation for a long-range partnership program, and
WHEREAS, this proposed pilot program will be established based
upon a joint recreation partnership budget, with net program
costs of $427,273., that would be implemented in the interest of
providing the most cost effective participation to the area
municipalities in order to make this partnership program work,
and
WHEREAS, pursuant to this proposal a Joint Recreation Commission
will be created, which includes all full-partnership
municipalities to oversee the operation of the two-year pilot
program, including the approval of recreation programs, budget
and fees to be offered in future years and to review the two-year
program and determine actual program participation and costs, and
WHEREAS, all existing programs will be provided to all of the
participating youth, and new programs will be developed and
established; now, therefore, be it
RESOLVED, That Common Council approves the proposed Joint
Recreation Partnership Agreement (dated 8/31/94) in principle,
for a 2-year pilot effort, contingent upon recognition of the
following:
October 5, 1994
- All Youth Bureau employees are City employees, and not
employees of the Commission.
- All the City's costs of running these recreation
programs that the intermunicipal program will utilize
have not been assigned by the City, and the joint
recreation partnership budget reflects only attributed
costs at a discounted rate to each participating
municipality.
- Tompkins County must fully participate in the Joint
Recreation Program as proposed by the Inter-Municipal
Task Force.
- The Town of Ithaca must fully participate in the Joint
Recreation Program as proposed by the Inter-Municipal
Task Force.
- Funding the contemplated Inter-Municipal recreation
program will require modest program fee increases for
existing City recreation programs.
- The financial structure of the recreation program for
1995 will be based upon the City's approved 1995
budget.
- Program fees charged for the City's various recreation
programs do not cover all operating costs.
Discussion followed on the floor with Youth Bureau Director Cohen
explaining how the process evolved for this program.
Alderperson Booth stated for clarification that when we
determined what went into this net number of $427,273., we did
not include all the costs that the City incurs from operating
Cass Park. He also stated for the record that it is the city's
understanding that in case of a deadlock with the other
municipalities involved, the city would go ahead and run
recreation programs on its own.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
* 18.3 Youth Bureau/GIAC - Request to Amend Capital Project for
Boiler Replacement
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, a portion of the GIAC boiler recently failed, and it has
been determined that it would take three weeks to repair the
boiler, and it would cost $10,000 to replace the existing portion
of the boiler with no guarantee against future failure, and
WHEREAS, the heating season begins shortly and heat has already
been needed in the building for various programs, and
WHEREAS, the cost of a new steam boiler has been estimated at
$19,724 and will take two weeks to order and install; now,
therefore, be it
RESOLVED, That Capital Project #248 be amended by an amount not
to exceed $20,000 for the purpose of purchasing and installing
said boiler, and be it further
RESOLVED, That this amendment shall be funded by advancing the
monies from the General Fund until financing can be established
from Serial Bonds in 1995.
Carried Unanimously
* 18.4 DPW/Water & Sewer - Request to Provide Capital Reserve
Funds for Watershed Expenditure
By Alderperson Booth: Seconded by Alderperson Johnson
October 5, 1994
WHEREAS, the City of Ithaca, Tompkins County, Tompkins County
Soil and Water Conservation District, Ithaca Subdistrict USGS,
and Town of Dryden, have entered into an agreement to establish a
monitoring and sampling station on Six Mile Creek, and
WHEREAS, the City of Ithaca's contribution of $10,000 cash is
required in 1994 to cover costs of the station start-up and to
help fund and leverage additional funds to study erosion and
control measures in the entire Six Mile Creek Watershed, and
WHEREAS, the Department of Public Works has determined that the
information gained from this monitoring and sampling station will
be vital to future land purchase and control decisions involving
the Six Mile Creek Watershed; now, therefore, be it
RESOLVED, That $10,000 of Capital Reserve #26 will be used for
this purpose because the information gained will be key to land
purchase and control decisions in the future.
Carried Unanimously
* 18.5 DPW/Water & Sewer - Request To Transfer Funds for Various
Equipment Repairs
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca Water and Sewer Division has
undertaken intensive sewer construction and water construction
activities, and extraordinary maintenance has resulted from this
construction, and general maintenance has been deferred the past
five years, and
WHEREAS, the unanticipated repairs to the John Deere Loader,
Vehicle #448 in the amount of $9,312.85; to the John Deere 710
Backhoe, #385 in the amount of approximately $5,000; and to the
Caterpillar D-611 Bulldozer in the amount of approximately
$15,000 exceed the budgeted amount; now, therefore, be it
RESOLVED, That the 1994 Water and Sewer Budget be amended as
follows:
TRANSFER FROM TRANSFER TO
APPROPRIATION ACCOUNT: APPROPRIATION ACCOUNT:
F-17-5-8341-435 - $24,000 F-15-5-8316-477 -
$24,000
G12-5-8121-435 - 5,300 G-10-5-8116-477 -
5,300
Carried Unanimously
* 18.6 DPW - Request To Provide Contingency Funds for Transit
Budget Amendment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the 1994 Transit Budget has been reviewed by staff, and
it has been revealed that a number of unanticipated and
unbudgeted items will need to be funded for the remainder of the
year, and
WHEREAS, the following unanticipated expenses have been
determined, and will be made during 1994:
General Service Increase to cover
Gadabout share of facility $ 37,339
Engine Overhaul/Transmission Repairs 31,905
ADA Program cost increase 7,000
Share of Shop Truck 4,244
Various decreases in other
Transit accounts (31,488)
Total increase required $ 49,000
now, therefore, be it
October 5, 1994
RESOLVED, That an amount not to exceed $49,000 be transferred
from Account A1990 Unrestricted Contingency to Account A5630-435
Transit Contractual for the purposes of funding the various
unanticipated Transit expenses.
Carried Unanimously
* 18.7 DPW - Request To Amend City Court Architectural Contract
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, on July 1, 1992, Common Council approved an amendment to
the City's Court Facility Architectural Contract for a total
construction cost of $45,000, and
WHEREAS, the contract for architectural services with Perkins
Eastman and Partners of New York, NY for construction of the City
Court requires an amendment to provide for increased construction
phase services in the amount of $15,000 and additional design
phase reimbursables in the amount of $13,000; now, therefore, be
it
RESOLVED, That the existing agreement with Perkins, Eastman and
Partners be amended to include additional construction phase
services at a cost not to exceed $60,000 and additional design
phase reimbursables at a cost not to exceed $13,000 for a total
contract cost of $73,000, and be it further
RESOLVED, That the source of funds be derived from existing
monies in Capital Project #242 City Court Facility, and be it
further
RESOLVED, That the Mayor, Chair of Budget and Administration
Committee, the Superintendent of Public Works, City Attorney and
City Controller be authorized to sign the amendment to the
agreement.
Carried Unanimously
* 18.8 DPW - Personnel Item - Executive Session
This item was removed from the agenda.
* 18.9 An Ordinance Amending Section 210-32.3 "Fire Protection
Systems" of Article V, Chapter 210 Entitled "Housing Standards"
of the City of Ithaca Municipal Code - Call for Public Hearing
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Common Council shall hold a Public Hearing in
the Common Council Chambers in City Hall, 108 East Green Street,
Ithaca, New York on Wednesday, November 2, 1994 at 7:00 p.m. to
hear all interested parties for or against an Ordinance entitled
"Fire Protection Systems", Section 210-32.E of the City of Ithaca
Municipal Code.
Carried Unanimously
The Ordinance to be considered shall be as follows:
ORDINANCE 94-_____
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 the current Section 210-32.E entitled 'Fire
Protection Systems' be deleted in its entirety and the following
language be inserted in the Municipal Code:
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
October 5, 1994
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 Family [Household] dwelling
Smoke/Heat Detector Minimum Requirements", "Two Family
[Household] Dwelling Smoke/Heat Detector Minimum Requirements"
and "Multiple Dwelling Smoke/Heat Detector Minimum 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 section [part].
The type of smoke/heat detector or system [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 each of the top rows of the chart or charts shall install and
maintain the type of smoke/heat [fire protection] detector(s) or
system described in each [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 to substitute [or
required] a heat detector for a required smoke detector [to be
installed]. For the purposes of applying the chart(s), the number
of dwelling units shall be the number of dwelling units in a
building, except that if an owner or person responsible for a
building can present evidence that their building is divided into
separate fire area(s) as defined by the New York State Uniform
Fire Prevention and Building Code, then the number of unit(s)
within each fire area shall be applied to the chart(s) to
determine the appropriate column(s). Notwithstanding the above,
the installation of additional Smoke/Heat detectors or system
required by this section shall not apply to buildings which were
constructed or converted as defined by the New York State Uniform
Fire Prevention and Building Code between January 1 1984 and
December 31, 1993 and which between January 1 1984 and December
31, 1993 received a certificate of occupancy certifying that the
building met all applicable building and fire codes in effect at
the time the certificate of occupancy was issued; provided
however, if the Building Commissioner shall later determine that,
October 5, 1994
for whatever reason, the building does not meet such codes and
requirements, the Building Commissioner shall have the authority
to require that the building be brought into compliance with such
codes and
requirements. This exemption does not relieve an owner from the
requirements for maintenance and testing as required herein.
(b) Independent Smoke/Heat Detectors -
(1) Self-Contained (Battery powered), Independent
Smoke/Heat Detectors - Where self-contained (battery powered)
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] dwelling unit or lodging unit 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. Such interconnected detectors shall also include an
interconnection to all detectors required by subsection 3(b)(2)
of this section within the individual dwelling unit or lodging
unit. 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 or are to be 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 shall be 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
October 5, 1994
audibility. Audibility will be determined as provided in
generally accepted standards. Interconnected, independent
smoke/heat detectors are not required in any [building] dwelling
unit or lodging unit which has an approved complete-coverage,
fire-suppression, sprinkler system that also sounds an alarm to
warn building occupants of its activation; provided however,
Independent Smoke/Heat Detectors Operating on Household Current
or Self-Contained (Battery powered), Independent Smoke/Heat
Detectors as described by subsection 3(b)(1) or 3(b)(2) of this
section or by other applicable laws, codes or ordinances shall be
installed in such dwelling unit or lodging unit.
(d) Interconnected, Supervised Smoke/Heat Detectors - Where
required by the chart interconnected, supervised smoke/heat
detectors shall be installed to provide smoke/heat 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 smoke/heat [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. A [The] manual activation means must be located at
all primary exits at grade from the structure and at such
locations as the Building Commissioner determines are appropriate
to ensure the safety of the occupants of the building. When, in
the opinion of the Building Commissioner, smoke detectors are
located or are to be 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 shall be 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. Audibility will be determined as
provided in generally accepted standards. 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 provide [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; provided however, Independent
Smoke/Heat Detectors Operating on Household Current or Self-
Contained (Battery powered), Independent Smoke/Heat Detectors as
described by subsection 3(b)(1) or 3(b)(2) of this section or by
other applicable laws, codes or ordinances shall be installed in
such a building.
(e) Interconnected, Supervised Smoke/Heat Detectors with
Automatic Fire Department Notification - Where required by the
chart interconnected, supervised smoke/heat detectors shall be
installed to provide smoke/heat 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
smoke/heat [fire] detection coverage in the common areas of the
October 5, 1994
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. [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.
All detectors shall contain an audible alarm or be connected to
an audible alarm. [The detection system shall be connected to an]
These audible alarms must be 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 or are to be 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 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. A [The] manual
activation means shall be located at all primary exits at grade
from the structure and at such locations as the Building
Commissioner determines are appropriate to ensure the safety of
the occupants of the building and shall also be wired in such a
way to provide automatic notification to the Fire Department when
activated. If the Building Commissioner determines that the
detectors will not be heard in all sleeping rooms, an
interconnection shall be 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.
Audibility will be determined as provided in Generally Accepted
Standards. 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 provide [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;
provided however, Independent Smoke/Heat Detectors Operating on
Household Current or Self-Contained (Battery powered),
Independent Smoke/Heat Detectors as described by subsection
3(b)(1) or 3(b)(2) of this section or by other applicable laws,
codes or ordinance shall be installed.
(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. Specifically permitted in lieu of the lesser
requirements are the following:
i. The substitution of Independent Smoke/Heat Detectors
Operating on Household Current or Interconnected, Independent
October 5, 1994
Smoke/Heat Detectors Operating on Household Current for Self-
Contained (Battery powered), Independent Smoke/Heat Detectors;
ii. The substitution of Interconnected, Supervised
Smoke/Heat Detectors or Interconnected, Supervised Smoke/Heat
Detectors with Automatic Fire Department Notification for
Independent Smoke/Heat Detectors Operating on Household Current
or Self-Contained (Battery powered), Independent Smoke/Heat
Detectors as long as the system of detectors is designed to
minimize nuisance alarms.
(g) Existing Smoke/Heat Detectors - Smoke/Heat Detection
Systems installed in Multiple Dwellings prior to the enactment of
this section shall be maintained, replaced or upgraded as
required [in such a way as to continue] to provide the smoke/heat
detection coverage previously required for multiple residences
and to provide the smoke/heat detection [shall be extended or
enhanced, as needed, to provide the additional fire detection
coverage as] required by this section [ordinance] and any other
applicable section of law. Freon based systems do not meet the
requirements of this section and shall be replaced with systems
which meet the requirements of this section and other applicable
sections of law.
[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 section [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 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, except that, [.]
a battery operated smoke detector need not provide a visible
indication that the detector is energized, as long as the
detector visibly or audibly indicates the loss of battery power.
(d) Detector Power Source - Each detector required by this
section [ordinance] to be installed in existing one and two-
story, one family dwellings household [structures and side by
side two household structures] and existing three (3) story
owner-occupied one family dwellings household [structures]
structures may be powered either by battery or by household
current derived from a lighting circuit. In order to prevent
disablement of the detector [,] or system, in all other dwellings
[types of structures], independent detectors or interconnected
detectors shall be powered by household current derived from a
lighting circuit 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.
October 5, 1994
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 or an individual
approved by either the Building Commissioner or the Examining
Board of Electricians, 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] is 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 Certificate of Approval [Certification], on a form
supplied by the Building Department, certifying that the system
has been tested by a licensed electrician, an individual approved
by either the Building Commissioner or the Examining Board of
Electricians, or the owner or person responsible for the
structure, and that the system is [all detectors in the structure
are] in working order and [are] maintaining the [their] intended
level of fire safety, provided however, that for good cause the
Building Commissioner may, with respect to a particular structure
or an individual, require that the system be certified by a
licensed electrician or an individual approved by the Building
Commissioner or the Examining Board of Electricians.
(c) Inspection [Testing] of One and Two Family Dwelling
[Structure] Detectors The owner, or person responsible, for any
non-owner occupied 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 the dwellings [their
structures] at least once each calendar year to verify that said
detectors are in working order and are maintaining the [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 re-certification as provided above (sections 5(a)
or 5(b)) of all circuits affected by such repair, alteration, or
modification [of said system] upon the completion of the repair,
alteration, or modification.
The replacement of batteries in self contained independent
(battery powered) smoke/heat detectors or the replacement of self
contained independent (battery powered) smoke/heat detectors
[battery operated units] shall not constitute a repair.
(e) Additional Requirements - The certification
requirements of this section are in addition to the installation
and maintenance requirements of section 2(a) of this section and
the requirements of section 146-7 of the Municipal Code.
Certification performed
pursuant to this section does not relieve the owner or person
responsible from the obligations to properly install and maintain
the equipment.
6. Word usage. For the purposes of this section, words in the
present tense shall also imply the future tense; the singular
includes the plural; and the plural includes the singular.
October 5, 1994
7. [6.] Effective Dates
(a) Effective Date - This ordinance shall take effect
immediately upon publication of a notice as required by the 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 section [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.
(b) Existing Structures - Existing one and two-family
structures, multiple dwellings, and mixed use structures shall
comply with the provisions of this section by August 15, 1996,
provided that the requirements of section 5 regarding
Inspection/Re-certification Requirements shall be effective as of
January 1, 1995.
ORDINANCE NO. 94 -_____
AN ORDINANCE AMENDING SECTION 210-5:
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, that the following definitions found in Section 210-5 of
the Municipal Code be amended as follows:
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 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 with the building that are
used by or support the occupants of the unit.]
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 September 1, 1994 [December 1, 1993].
[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.]
Effective date:
This Ordinance shall take effect immediately upon
publication of a notice as required by the City Charter.
* 18.10 Finance/Chamberlain - Request to Allow City to Purchase
All Tax Sale Liens at 1994 City Tax Sale
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That pursuant to the Ithaca City Charter, the City
Chamberlain is hereby authorized and directed on behalf of the
City of Ithaca to purchase all liens at the 1994 City Tax Sale,
without competitive bidding, for the gross amount due.
Carried Unanimously
* 18.11 Attorney - Request to Amend the 1994 Authorized
Personnel Roster
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That the Personnel Roster of the City Attorney's Office
be amended as follows:
Add: One (1) Legal Assistant
October 5, 1994
Delete: One (1) Confidential Secretary to the City
Attorney
and be it further
RESOLVED, That the position of Legal Assistant be and hereby is
designated as confidential and be and hereby is assigned to the
Confidential Employees' Compensation Plan at Grade 6 ($19,711 -
$22,623), and be it further
RESOLVED, That Gen Smith be provisionally appointed to the
position of Legal Assistant at an annual salary of $20,875
effective October 10, 1994.
Carried Unanimously
* 18.12 Attorney - Request to Establish Capital Project for
Acquisition of Property - Executive Session
Alderperson Booth noted that this matter will be discussed in
Executive Session at the end of the meeting.
* 18.13 Finance/Controller - Request to Approve Ithaca Housing
Authority Salaries Comparability to City Salaries
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the Ithaca Housing Authority is mandated by the
Department of Housing and Urban Development to demonstrate that
the salaries and wages of the employees of said Housing Authority
are comparable with the practices of the local governing body for
all positions of similar responsibility and required competence;
and
WHEREAS, the IHA will be negotiating a Contract with the IHAMEU
Local 2300 UAW for maintenance employees, and
WHEREAS, the City of Ithaca authorized cost of living increases
for 1994, including step increases for qualified employees, and
WHEREAS, the Ithaca Housing Authority authorized an increase not
to exceed 5% for all qualified employees to bring the IHA
employees closer to parity, and comparability with City of Ithaca
employees, and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for its Public Housing Section
and covered by its Operating Budget:
Position Comparable Position Salary
Executive Director Director of Planning & $55,614
(Oper.)
(17 years) Development/Controller 6,179
(Sec.8)
Salary $61,793
Family Self- Supervisor of Caseworkers
Sufficiency Tompkins County DSS
Coordinator (1 year) Salary $28,088
Principal Account City of Ithaca CSEA
Clerk/Fiscal Officer (40 hours) Salary $37,277
(17 years)
Administrative City of Ithaca CSEA
Secretary (15 years) Salary $28,133
Site Manager Planner II
(4 years) (40 hours) Salary $24,905
October 5, 1994
Tenant Relations Administrative Assistant
Assistant (1 year) (40 hours) Salary $16,538
Sr. Account Clerk- City of Ithaca CSEA
Typist (9 years) (40 hours) Salary $21,231
Principal Account City of Ithaca
Clerk (4 years) CSEA (35 hours)
$16,380(Oper.)
(40 hours)
8,820(Sec.8)
Salary $25,200
Director of Resident Recreation Supervisor
Services (1 year) CSEA (40 hours) Salary $24,600
Resident Initiatives Recreation Supervisor
Coordinator (1 year) CSEA (35 hours) Salary $30,816
CIAP Program Assistant Civil Engineer
Coordinator (1.5 years) Salary $31,143
Working Foreman Ithaca City School District
(17 years) (40 hours) Salary $35,294
Storekeeper City of Ithaca CSEA
(3 yrs.) (40 hours) Salary $20,436
Building Maintenance Maintainer CSEA Salary $35,306*
Mechanic (21 years) (40 hours)
Building Maintenance Maintainer CSEA
Mechanic (16 years) (40 hours) Salary $26,732*
Maintenance Worker City of Ithaca CSEA
(13 years) (40 hours) Salary $21,840*
Maintenance Worker City of Ithaca CSEA
(9 years) (40 hours) Salary $19,569*
Maintenance Worker City of Ithaca CSEA
(8 years) (40 hours) Salary $19,175*
Maintenance Worker City of Ithaca CSEA
(8 years) (40 hours) Salary $19,175*
Laborer City of Ithaca CSEA
(8 years) (40 hours) Salary $19,023*
Laborer City of Ithaca CSEA
(4-l/2 years) (40 hours) Salary $15,943*
*Overtime guaranteed
SECTION 8/VOUCHER
Position Comparable Position Salary
Section 8 Administrator Planner II - CSEA
(3 years) (40 hours) (35 hours) Salary $24,150
Tenant Selector Administrative Assistant
(40 hours) CSEA (35 hours) Salary $18,375
Account Clerk/Typist City of Ithaca CSEA
(5 years) (40 hours) (35 hours) Salary $18,145
Tenant Selector (In- City of Ithaca $14,175(Oper.) house As
(5 yrs./40 hrs.) Salary $28,350
October 5, 1994
Sr. Account Clerk City of Ithaca CSEA
(40 hours) (35 hours) Salary $17,325
Typist City of Ithaca CSEA
(1 year) (40 hours) (35 hours) Salary $15,055
now, therefore, be it
RESOLVED, That pursuant to its responsibilities under Section 3,
Article 32(1) of the New York State Housing Law the Common
Council agrees that the salaries and wages of the employees of
the IHA are comparable to those paid by the City for all
positions of similar responsibility and required competence.
Carried Unanimously
Youth Bureau Building Renovations - Report
Alderperson Booth reported that there is discussion underway
regarding the proposed costs to the acoustics and HVAC systems in
the Youth Bureau building. The matter will be coming to Common
Council at a later date.
EXECUTIVE SESSION:
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That this Council adjourn into Executive Session to
discuss the purchase of property.
Carried Unanimously
Common Council came out of Executive Session at 9:50 p.m. and
reported that a sum of money had been appropriated to purchase a
piece of property. Due to the nature of the negotiations this
transaction will be made public at a later date.
ADJOURNMENT:
On a motion the meeting adjourned at 9:55 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor