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HomeMy WebLinkAboutMN-CC-1994-12-07December 7, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. December 7, 1994 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Thorpe, Sams, Gray, Schroeder, Efroymson, Mackesey, Shenk ABSENT: Alderperson Hanna (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman Deputy City Controller - Thayer City Controller - Cafferillo Building Commissioner - Eckstrom Planning and Development Director - VanCort Fire Chief - Wilbur Police Chief - McEwen Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Assistant Superintendent for Streets and Facilities - Ferrel PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the November 2, 1994 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Minutes of the November 2, 1994 Common Council meeting be approved as published with corrections as noted by Alderperson Schroeder. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested the addition of three items under the Budget and Administration Committee agenda: 14.10 Interim position -Ithaca Police Department 14.11 Executive Session regarding possible acquisition of proper 14.12 Resolution regarding Building Permit Fees. No Council member objected. MAYOR'S APPOINTMENTS: Neighborhood Advisory Committee for Central Processing Site Mayor Nichols reported that he is re-appointing Sara Shenk to serve as the City official on the Neighborhood Advisory Committee for the Central Processing site. County Fire Disaster and EMS Advisory Board Mayor Nichols, at the recommendation of the Board of Fire Commissioners, appointed the following as delegates to the County Fire Disaster and EMS Advisory Board: Brian Wilbur, Fire Chief W. Lyle Neigh Michael Aronson P.K. Reeves Alternates: Thomas Dorman, Deputy Fire Chief David Cornelius December 7, 1994 COMMUNICATIONS: Odd/Even Parking City Clerk Paolangeli read the following communication into the record: "To : Mayor Ben Nichols & Members of Common Council Re : Odd-Even Parking Do you people have a clue as to the amount of bad feelings this city ordinance generates? In case you don't, let me tell you. I feel like smashing every parking meter in the entire city. O.K. Now you know. Do something about it. Now! Enclosed please find ticket and remittance. Thank you. David L.McFarren McFarren Builders 117 West Yates Street Ithaca, New York 14850 P.S. Have a nice day." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Nuisance Abatement Ordinance The following persons spoke to Council in opposition to the Nuisance Abatement Ordinance which is on tonight's agenda: Doria Higgins - 2 Hillcrest Drive Nancy Lauten - 215 Linn Street Jill Brantley - 613 Utica Street Will Kone - 203 Madison Street Cynthia Overstreet - POB 883, Ithaca Mark Freedman - 977 Dryden Road James Kerrigan - West Seneca Street Mark Goldfarb - Member, T.C. Rental Housing ` Commission Raymond Schlather - 200 East Buffalo Street Jacqueline Scott - Director, Southside Community Center The following persons spoke to Council in support of the Nuisance Abatement Ordinance: Calvin Criss - Buffalo Street Joe Cassanitti - West State Street Crime and Drug Use in Ithaca Mr. Guy Gerard encouraged Council to continue working to solve problems of crime and drug use in the City of Ithaca. Smoke Detection Ordinance Mr. Rick Lazarus, RD#1 Spencer, owner of four apartment buildings spoke to Council in opposition to the Smoke Detection Ordinance as it is now written. Theaters Alan McNeil, Artistic Director of the Performing Arts Center, thanked Council for considering not only the Performing Arts Center's requests but also the requests from the other theaters that make up the West End theatre district. He thanked Council for their support and for their belief in the theaters to do what they have set out to do. He read a proclamation from Mayor Nichols declaring December 9, 1994 as Ithaca Performing Arts Center Day. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works December 7, 1994 Commissioner Reeves reported to the Council on the following matters: Holiday lighting on West State Street - On October 12th the Board passed a resolution regarding holiday lighting on West State Street. This resolution asked that staff work with the merchants to have electricity installed in the 400 block of West State Street. The City Electrician has put electrical service to eight trees in the West End. Four trees will be lighted soon and American Community Cablevision is going to install lights on the other four trees. Metered Parking on Thurston Avenue - On October 12th the Board passed a resolution regarding metered parking on Thurston Avenue (item 14.7 on tonight's agenda). With the award of the bid for post installation, the project is going forward. Sciencenter Use of Sludge Drier Building - On November 9th the Board passed a resolution for the Sciencenter to go forward with the proposal for the use of the old Sludge Drier Building. The City Attorney, the Department of Public Works, and staff for the Sciencenter are working out the agreement. New Street for Mutual Housing Site - On November 9th the Board approved a new street for the mutual housing site. The proposed new street was based on recommendations of the Northside Land Use Committee and meets subdivision requirements. Concerns were raised about the proposed park for the area and that will be discussed further by the Board, the Parks Commission, Planning Department and Mutual Housing as the project develops. Termination of Contract with RIBs - On November 30th the Board passed a resolution terminating the contract that they have with Recycle Ithaca Bicycles. Due to an unfortunate lack of communication regarding this notification, the Mayor recommended that the Board grant an extension of the deadline until January 31, 1995. Bus Fares - On November 30th the Board passed a resolution regarding modification for Ithaca Transit fares for youth, senior citizens and handicapped individuals. Commissioner Reeves explained the new structure for fares. County Request for Bus Shelter - The Board received a request from the County to add a bus shelter on Green Street in the vicinity of the parking garage helix and the Board has granted approval for the project. One Hour Free Parking for 1995 - On November 30th the Board passed two resolutions, regarding requests from DIBA, Inc. They requested that the city continue the one hour free parking program for 1995 and the Board has granted that request. To improve the traffic flow from the Seneca Street garage during the holidays, the Board authorized the opening and staffing of the second exit on Seneca Street, from December 12th thru December 23rd. Board of Fire Commissioners Fire Chief Wilbur reported to the Council on the following matters: Human Relations Training - In November the Fire Department had a department-wide Human Relations training program that was presented to most of the department. Based on this they have a good foundation to design an ongoing training program for implementation in 1995. Minority Recruitment Program - Under the leadership of the Personnel and Training Committee of the Board of Fire Commissioners, the Department has a minority recruitment task force established that is aggressively pursuing a comprehensive December 7, 1994 recruitment program for minorities. This will assist the department's affirmative action efforts which is designed to coincide with the Fire Fighters exam to be given in June 1995. INTER-INSTITUTIONAL COMMITTEE: * 18.1 Nuisance Abatement Ordinance By Alderperson Efroymson: Seconded by Alderperson Schroeder ORDINANCE NO. 1994 AN ORDINANCE ADDING A NEW CHAPTER ____ TO THE MUNICIPAL CODE OF THE CITY OF ITHACA, ENTITLED "NUISANCE ABATEMENT" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. That a new Chapter to be known and designated as Chapter entitled "NUISANCE ABATEMENT" is hereby added to the City of Ithaca Municipal Code to read as follows: NUISANCE ABATEMENT Section 1. Declaration of Legislative Findings and Purpose A. The Common Council finds that: 1. Public nuisances exist in the City of Ithaca in the operation of certain establishments and the use of certain properties in flagrant violation of New York State laws relating to: harassment; disorderly conduct; assault; homicide; robbery; prostitution; illegal use or possession of weapons; sale, use and possession of controlled substances and dangerous drugs; and possession of stolen property, burglary tools and forged instruments; and laws relating to the sale and consumption of alcoholic beverages; 2. These public nuisances, individually and collectively, substantially and seriously interfere with the public's interest in: the maintenance and improvement of the quality of life and of the total community environment, the growth and development of commerce, the preservation of property values, and the protection of the public health, safety and general welfare, particularly with respect to children and young adults; 3. The continued occurrence of these public nuisances, individually and collectively, is detrimental to the public health, safety and general welfare of the people of the City of Ithaca and of the businesses thereof and the visitors thereto; 4. It is necessary and appropriate for the City of Ithaca to create mechanisms through which sanctions and penalties may be applied in an effort to eliminate any such public nuisance, such sanctions and penalties to be utilized in conjunction with and/or in addition to any sanctions and penalties that may exist pursuant to other applicable laws; and 5. The sanctions and penalties which may be imposed pursuant to this Chapter are reasonable and necessary in order to protect the public health, safety and general welfare of the people of the City and visitors thereto and are intended to be proportional to the direct and indirect expenses suffered by the citizens of this community and by the City government as a result of the public nuisances addressed by this Chapter. 6. Nothing contained in this Chapter is intended to encourage, facilitate, or otherwise allow an individual to take any action or fail to perform any act which, but for the existence of this Chapter, would constitute illegal discrimination under the laws of the United States, New York State, Tompkins County, or the City of Ithaca. December 7, 1994 Section 2. Definitions When used in this Chapter, the following terms shall have the meanings set forth in this section unless the context clearly requires otherwise. A. Public Nuisance shall mean: Any building, structure, lot, site, and/or separately identifiable portion thereof where the Mayor determines pursuant to this Chapter that there exists a pattern of violations of any of the following laws to the extent that such violations constitute a direct and substantial danger to the public welfare: 1) Penal Law Articles: Article 120 Assault and related offenses - Sections 120.00, 120.05, 120.10, 120.11, 120.12, 120.13, 120.14, 120.15, 120.20, 120.25 Article 125 Homicide - Sections 125.10, 125.15, 125.20, 125.25, 125.27 Article 130 Sex offenses - Sections 130.20, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.55, 130.60, 130.65, 130.67, 130.70 Article 160 Robbery - Sections 160.05, 160.10, 160.15 Article 165 Offenses Related to Theft - Sections 165.40, 165.45, 165.50, 165.52, 165.54 Article 170 Forgery - Sections 170.20, 170.25, 170.30, 170.40 Article 220 Controlled Substances - Sections 220.03, 220.06 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 220.46, 220.50, 220.55, 220.60, 220.65 Article 221 Marihuana - Sections 221.05, 221.10, 221.15, 221.20, 221.25, 221.30, 221.35, 221.40, 221.45, 221.50, 221.55 Article 230 Prostitution - Sections 230.00, 230.03, 230.04, 230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 230.40 Article 265 Firearms and other dangerous weapons - Sections 265.01, 265.02, 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.25, 265.35. 2) Penal Law Sections: Section 140.35 Possession of Burglar's Tools Section 260.10 Endangering the welfare of a child Section 260.20 Unlawfully dealing with a child in the first degree Section 240.20 Disorderly Conduct - But only when the original charge which led to the conviction was one of the above misdemeanor or felony violations of law Section 240.26 Harassment in the second degree - But only when the original charge which led to the conviction was one of the above misdemeanor or felony violations of law Section 240.25 Harassment in the first degree 3) Any of the unlawful activities set forth in Alcoholic Beverage Control Law § 123 (unlawful manufacture, sale or distribution of liquor, wine or beer). B. Violation shall mean: 1. a failure to obey any of the laws listed in the definition of "public nuisance" leading to the arrest of a person(s) alleged to be responsible for such action, or December 7, 1994 2. the discovery by any law enforcement agency, or duly authorized agent thereof, of a quantity and quality of drug or substance on or within any building, structure, lot, site and/or separately identifiable portion thereof, the amount of which would subject an individual, if successfully prosecuted, to a felony level conviction under Article 220 or 221 of the New York State Penal Law, provided that the discovery of such drug or substance together with the arrest and the conviction of an individual for the possession or sale of such drug or substance shall not, for the purposes of this Chapter, be considered as two separate violations. Each criminal transaction shall be considered a separate violation for the purposes of this Chapter. C. Conviction shall mean "conviction" as the term is defined and applied in accordance with the provisions of § 1.20 of the New York State Criminal Procedure Law, provided, however, that for purposes of this Chapter, conviction of an attempt to commit a violation of any of the laws listed in the definition of "public nuisance" shall be considered a conviction for a violation of the specified penal provision. Section 3. Identification, Designation, and Treatment of Pot A. The Chief of Police shall be responsible for identifying on a continuing basis any building, structure, lot, or site, or separately identifiable portion thereof where during the previous twelve (12) months there has been a total of three (3) or more convictions for violations that occurred at any previous time in or at such property and/or violations pursuant to Section 2(b)(2) of this Chapter (seizure of a quantity of drugs or other substances). Provided, however, that in determining whether there have been a total of three (3) or more such convictions and/or violations, the Chief of Police shall not consider any conviction or violation where the cooperation of the owner(s) of the subject property with law enforcement officials was a prime factor leading to the arrest of the individual who allegedly violated any of the laws listed in the definition of public nuisance or a prime factor leading to the discovery of contraband within the subject property. B. When the Chief of Police determines, with respect to any building, structure, lot or site, or separately identifiable portion thereof, that during the previous twelve months there has been a total of three or more convictions for violations that occurred at any previous time in or at such property and/or violations pursuant to Section 2(B)(2) of this Chapter, the Chief shall then determine, in light of the statement of findings and purpose set forth in Section 1 of this Chapter, whether or not there is a reasonable basis for concluding that the use of such building, structure, lot, or site, or separately identifiable portion thereof has established a pattern of violations that should be dealt with pursuant to the provisions of this Chapter. In making this determination, the Chief of Police may utilize any information the Chief believes is reasonable to use, including hearsay evidence. C. When the Chief of Police determines pursuant to subdivision B of this section that there is a reasonable basis for concluding that the use of any building, structure, lot, or site or separately identifiable portion thereof has established a pattern of violations that should be dealt with pursuant to the provisions of this Chapter, the Chief shall send to the Mayor a written notice to that effect, including a statement regarding the activity or activities that have created the basis for such determination and such supporting information as the Chief of Police determines is appropriate. D. When the Mayor receives from the Chief of Police a notice that the Chief of Police has made such determination pursuant to subdivision C of this section, and if the Mayor agrees with the Chief of Police that there is a reasonable basis for concluding December 7, 1994 that the use of the identified property has established a pattern of violations that should be dealt with pursuant to the provisions of this Chapter, the Mayor shall designate such building, structure, lot or site, or any separately identifiable portion thereof as a potential public nuisance; shall prepare a written statement regarding this determination; and, shall issue a notice in accord with subdivision F of this section. E. If any violation shall occur in or at the subject property within the six (6) month period following the expiration of sixty (60) days after the service of the notice pursuant to subdivision D of this section, the Mayor shall be authorized, acting pursuant to Section 4, to determine that such building, structure, lot, site, or separately identifiable portion thereof is a public nuisance and to order the closing of such building, structure, lot, site, or separately identifiable portion thereof to the extent necessary to abate the public nuisance that has occurred, provided that in no event shall such closure exceed a period of one year. F. Any notice issued pursuant to subdivision D of this section shall be provided the owner, any and all lessees of the property, and any mortgagee of record of the property, and shall be published in the City's official newspaper. In addition, a copy of such notice shall be affixed upon a conspicuous part of the property covered by such notice. Such notice issued by the Mayor pursuant to this subdivision shall: 1. state that the subject building, structure, lot, site, or separately identifiable portion thereof has been designated as a potential public nuisance; 2. identify the activity or activities that have created the basis for that designation; 3. state that any person(s) to whom the notice is directed has a right to apply, within twenty (20) days after the mailing of the notice, for a hearing before the Mayor pursuant to this section to contest the designation of the affected building, structure, lot, site, or separately identifiable portion thereof as a potential public nuisance; and 4. state that if any violation shall occur in or at the subject property within the six-month period following the expiration of sixty (60) days after the service of this notice, the Mayor shall be authorized, acting pursuant to Section 4, to determine that such building, structure, lot, site, or separately identifiable portion thereof is a public nuisance and to order the closing of such building, structure, lot, site, or separately identifiable portion thereof to the extent necessary, for a period up to a maximum of one year, to abate the public nuisance that has occurred. G. The owner, any lessee of the property, and any mortgagee of a property which has been designated a potential public nuisance shall have a right to apply in writing, within twenty (20) days after the mailing of the notice pursuant to subdivision D of this section, for a hearing before the Mayor to contest that designation. If such an application is made on a timely basis, the Mayor shall provide notice of and hold such a hearing in accord with the provisions of this section. The application for or the holding of such hearing shall not stay or toll the time periods provided in this Chapter. H. The designation as a potential public nuisance shall remain in effect for a period of six (6) months plus sixty (60) days following the mailing of the notice provided for in subdivision D of this section; or for a period not exceeding one hundred twenty (120) days following the conclusion of a public hearing held pursuant to Section 4 of this Chapter respective to said property, whichever period is longer. December 7, 1994 I. Any notice issued pursuant to subdivision (D) of this section shall be served upon an owner or any mortgagee of record by sending a certified letter, return receipt requested, to the owner or mortgagee's last known address. The person in whose name the affected real estate is recorded in the office of the Tompkins County Clerk shall be presumed to be the owner thereof. Any such notice shall be served upon a lessee by sending a first class letter addressed to the "occupant" of the building. J. Any public hearing held pursuant to Section 3 of this ordinance shall be held in accordance with such rules as the Mayor shall issue to govern the conduct of such hearings. Notwithstanding any other provisions contained herein, such rules shall provide for participation by members of the public at any such hearing and shall require that any costs for such hearing may be assessed against either any party to such hearing and/or the owner of the property addressed by that hearing. At any such hearing, all evidence, including hearsay, shall be admissible, and the Mayor shall determine the weight that should be given to any evidence submitted. The Mayor shall determine questions of what witnesses or evidence is relevant to be considered at such hearing. Section 4. Determination that a Property Constitutes a Public A. If any violation in or at the subject property, other than a violation where the cooperation of the owner(s) of the subject property with law enforcement officials was a prime factor leading to the arrest of the individual who allegedly violated any of the law listed in the definition of public nuisance or a prime factor leading to the discovery of contraband within the subject property, shall occur within the six (6) month period following the expiration of sixty (60) days after the service of the notice pursuant to subdivision D of section 3 of this ordinance, and if the Mayor determines that further action pursuant to this Chapter should be considered with respect to such property, the Mayor shall provide to any and all owners, mortgagees of record, and lessees of the subject property a notice stating that: 1. such person or persons have a right to apply, within twenty (20) days following the service of such notice, for a public hearing to consider whether the Mayor should determine that such building, structure, lot, site, or separately identifiable portion thereof is a public nuisance and whether the Mayor should close such building, structure, lot, site, or separately identifiable portion thereof to the extent necessary to abate the public nuisance that has occurred at such property; and 2. If no public hearing is requested, on the expiration of twenty (20) days after service of such notice, the Mayor shall have authority to exercise the power to close such property or a portion thereof for a period, up to a maximum of one (1) year pursuant to this Chapter. B. If an owner, mortgagee of record, or lessee served pursuant to subdivision A wishes to have a public hearing, such person shall, within twenty (20) days after the service of that notice, deliver a written request for such a hearing to the Mayor's office and designate an address at which that person may receive future notices. C. If the Mayor receives a request for a public hearing pursuant to subdivision B of this section, the Mayor shall schedule and give notice of such public hearing. Notice shall be mailed to the owner, mortgagee, or any occupant of the building and shall be published in the City's official newspaper. D. Any notice issued pursuant to paragraph (A) of this section shall be served upon an owner pursuant to Article 3 of December 7, 1994 the New York Civil Practice Law and Rules, upon a lessee pursuant to § 735 of the New York Real Property Actions and Proceedings Law, and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address. Any service other than delivery to the person to be served shall be deemed complete immediately upon delivery, mailing, or posting without the necessity of filing proof of service with the clerk of any court. The person in whose name the real estate is recorded in the Office of the Tompkins County Clerk shall be presumed to be the owner thereof. In addition, the Mayor shall cause any notice of public hearing issued pursuant to this section to be published in the City's official newspaper. E. In any case in which the Mayor does not receive a request for a hearing from an owner, mortgagee of record, or lessee of the subject property, the Mayor may determine on the Mayor's own initiative to hold a public hearing pursuant to this section regarding that property. However, the Mayor shall not be required to hold any such hearing unless a request for such hearing has been made in accord with subdivision B of this section. F. Any public hearing held pursuant to Section 4 of this ordinance shall be held in accordance with such rules as the Mayor shall issue to govern the conduct of such hearings. Notwithstanding any other provisions contained herein, such rules shall provide for participation by members of the public at any such hearing and shall provide that any costs for any such hearing may be assessed against either any party to such hearing and/or the owner of the property addressed by that hearing. At any such hearing all evidence, including hearsay, shall be admissible, and the Mayor shall determine the weight that should be given to any evidence submitted. The Mayor shall determine questions of what witnesses or evidence is relevant to be considered at such hearing. G. At a public hearing held pursuant to this section and in any case dealt with pursuant to this section where a public hearing is not held, the Mayor shall receive and consider evidence, and shall subsequently issue written findings and conclusions regarding: 1. whether the affected property should be designated as a public nuisance; and 2. whether all or a portion of the property should be closed and, if so, for how long. H. In making the determinations required pursuant to subdivision G of this section, the Mayor shall consider: 1. the frequency and seriousness of the violations that are occurring at the subject property; 2. the extent to which activities at the subject property are having an adverse effect on the surrounding neighborhood and/or the community as a whole, taking into account the statement of findings and purpose set forth in section 1; 3. any relevant information presented by the Chief of Police, by any other government official, or by any other person; 4. any recommendation made by the Chief of Police or by any other public official whose duties are deemed relevant by the Mayor to the matter under consideration; 5. any lawful efforts made by the owner(s) of the subject property since the notice of designation of potential public nuisance was served pursuant to section 3 or prior thereto to eliminate or alleviate the possibility that any further violation(s) will occur in or at the subject property, including December 7, 1994 but not limited to making improvements to the property's physical condition and attempting to evict any tenant of the subject property who the owner has reasonable cause to believe has contributed to the creation of the public nuisance that exists at such property; 6. the extent to which an order by the Mayor to close the subject property or a portion thereof will create hardship for any tenant(s) who does not appear to have been at fault for the existence of the public nuisance; 7. the proximity of the subject property to a school or a government building; 8. whether it appears that drugs are or were being used, delivered, and/or sold at the subject property and, if so, the type(s) and quantities of drugs involved and the number of sales or deliveries of drugs that have occurred; 9. whether the subject property has previously been found to be a public nuisance or a potential public nuisance pursuant to this Chapter; 10. whether the owner(s) of the property has illegally discriminated in the rental of all or a portion of the subject property; 11. the extent to which the owner(s) of the subject property has cooperated with law enforcement officials to facilitate the investigation or arrest of individuals who have allegedly violated any of the laws listed in the definition of public nuisance or the discovery of contraband within the premises, which cooperation shall be considered by the Mayor as a mitigating factor against the closing of the subject property; and, 12. any other factors that the Mayor expressly finds to be just, proper and relevant. I. The Mayor shall have authority to determine that a particular property, or portion thereof, constitutes a public nuisance if the evidence the Mayor considers indicates clearly that a pattern of violations has occurred at such property which constitutes a direct and substantial danger to the public welfare. J. The Mayor shall have authority to order that a particular property, or portion thereof, that constitutes a public nuisance be closed for a specified period of time up to a maximum of one year if the evidence the Mayor considers indicates clearly that such closure will benefit the public welfare by helping to eliminate or to alleviate that nuisance. K. If the Mayor determines that a particular property or portion thereof is a public nuisance but determines not to close such property pursuant to this Chapter, the Mayor shall have authority to enter into a written agreement with the owner(s) of the property respecting the future use and management of that property and in accord with the findings and purposes of this Chapter to issue any appropriate order stemming from such agreement. If the Mayor should determine that there has been a failure to comply with a written agreement made pursuant to this subdivision, the Mayor may order the closing of such property pursuant to this section without any further opportunity for a public hearing; provided, in any such case the Mayor may determine at the Mayor's own initiative that a public hearing regarding such non-compliance should be held, in which event such hearing shall be held in accordance with the provisions of this section. December 7, 1994 L. Any order of the Mayor issued pursuant to this section shall be prominently posted at or in the subject property and shall be mailed by first class mail to all those persons entitled to receive notice pursuant to subdivision A of this section within one (1) business day of such posting. The Mayor shall also cause a copy of any order issued pursuant to this section to be published in the City's official newspaper. M. Five (5) business days after the posting of an order pursuant to this section requiring the closing of any particular property and upon the written directive of the Mayor, officers of the Ithaca Police Department shall be authorized to act upon and to enforce such order. N. Where the Mayor closes a particular property, or portion thereof, pursuant to this section, such closing shall be for such a period as the Mayor may direct, up to a period of not more than one year from the posting of such order pursuant to subdivision L of this section. O. If the owner, or any person acting as the agent of the owner, lessor, lessee or mortgagee of any property or portion thereof ordered closed pursuant to this section shall file with the Mayor a bond in an amount determined by the Mayor but which in no case exceeds the value of the subject property and submit proof satisfactory to the Mayor that the public nuisance at such property has been removed and will not be created, maintained, or permitted for such time as the subject property has been ordered to be closed pursuant to this section, the Mayor may vacate the provisions of the order that directed the closing of such property; provided such bond shall be paid to the City of Ithaca should the identified public nuisance reappear at such property during the period the Mayor had ordered that property to be closed. Section 5. Additional Penalties A. It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or to occupy any property or portion thereof ordered closed pursuant to this Chapter. B. Mutilation or removal of an order posted pursuant to this Chapter shall be punishable by a fine of not more than two hundred fifty dollars ($250) or by imprisonment not exceeding fifteen (15) days, or both, provided such order contains therein a notice of such potential penalty. C. Intentional disobedience of any order issued pursuant to this Chapter shall, in addition to any other punishment prescribed by law, be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or both. Section 6. Nondiscrimination Nothing contained in this Chapter shall, in any way, justify the denial to any person of equal protection under the law or justify, in any way, the taking of any act or the failing to perform any required duty which, but for the existence of this Chapter, would be considered to be illegal discrimination against another person under the laws of the United States, the State of New York, the County of Tompkins, or the City of Ithaca. Section 7. Miscellaneous Provisions A. The exercise of any powers by the Mayor, the Chief of Police or any other person pursuant to this Chapter may be undertaken either in conjunction with, or apart from, the powers contained in other laws, without prejudice to the use of procedures and remedies available under this Chapter or such other laws. December 7, 1994 B. The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owner(s), lessor(s), lessee(s), mortgagee(s) and/or all those persons in possession or having charge thereof as agent or otherwise, or having any interest in a particular property, or a portion thereof, real or personal used in conducting or maintaining a public nuisance, shall not be a defense by any such person with respect to the implementation and enforcement of this Chapter. C. A closing of a property pursuant to this Chapter shall not constitute an act of possession, ownership, or control by the City with respect to such premises. D. The Mayor may promulgate rules and regulations to carry out and give full effect to the provisions of this Chapter. E. The Mayor is authorized to delegate some or all of the Mayor's duties under this Chapter to one or more designees, and the Chief of Police is authorized to delegate some or all of the Chief's duties under this Chapter to one or more designees. F. If any provision of this Chapter or the application thereof to any person or set of circumstances is held invalid by a court of competent jurisdiction, the remaining provisions of this Chapter and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby. G. The Mayor shall prepare a quarterly report to be submitted to Common Council and to the public summarizing the actions taken pursuant to this Chapter and indicating the results of such actions. H. Neither the City of Ithaca, nor any officer, agent, or employee of the City of Ithaca shall be personally liable for any damage resulting from any official determination, order, or action required or permitted by or under this Chapter. I. The costs of any notice, or newspaper publication, associated with any proceeding pursuant to this Chapter shall be assessed against the owner of the property addressed by such proceeding. Section 8. Effective Date This Chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter, provided however that unless extended by Common Council, this Ordinance shall remain in full force and effect for a period of twenty-four (24) months after its effective date when the provisions of this Ordinance shall be deemed repealed and the provisions of law added or amended by this Ordinance shall revert to and be read as if the provisions of this Ordinance had not been enacted. Alderperson Efroymson thanked the people who spoke earlier in the meeting regarding this ordinance. He stated that he believes it is proper that the ordinance go back to committee. He thinks there is further discussion needed and he would like to have the people who have indicated that they would like to participate in those discussions come to the committee meeting to do so. Motion to Refer to Committee By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the Ordinance entitled "Nuisance Abatement" be referred back to Inter-Institutional Committee for further consideration and public input. Extensive discussion followed on the floor. December 7, 1994 A vote on the motion to refer back to committee resulted as follows: Ayes (4) - Booth, Schroeder, Efroymson, Gray Nays (5) - Thorpe, Sams, Mackesey, Shenk, Johnson Motion Fails Further discussion followed on the floor regarding the ordinance. Alderperson Efroymson, for the record, stated that he believes the city needs this type of ordinance but that the ordinance as it is written needs additional work. A vote on the ordinance as presented resulted as follows: Ayes (4) - Booth, Schroeder, Efroymson, Gray Nays (5) - Johnson, Thorpe, Sams, Mackesey, Shenk Motion Fails Recess Common Council recessed at 9:00 p.m. and reconvened in regular session at 9:10 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 14.1 Adoption of 1995 Budget By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 1995 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 1995 and as those amounts may be altered by action of this Common Council at its December 7, 1994 meeting, are adequate for the operation of the City during 1995; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1995, together with any additional changes made in said budget at Council's December 7, 1994 meeting as the City of Ithaca Budget for 1995, in the total amount of $34,342,852., and be it further RESOLVED, That the following sections of the 1995 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 O) Schedule of Salaries and Positions - Joint Activity P) Schedule of Salaries and Positions - Solid Waste Fun Q) Authorized Equipment - General Fund R) Authorized Equipment - Water Fund S) Authorized Equipment - Sewer Fund T) Authorized Equipment - Joint Activity Fund December 7, 1994 U) Authorized Equipment - Solid Waste Fund Alderperson Booth noted all the work and time that has gone into the proposed city budget for 1995. He thanked the Mayor for doing his usual sterling job of giving the Council something useful to work with and he thanked the Controller's Office for all its work. City Controller Cafferillo stated that he has been in contact with the County Assessment Department on a weekly basis. There have been a number of adjustments to the roll brought about by several lawsuits that have been in existence for a period of time - since the 1991 re-assessment. Some of the lawsuits have been finally adjudicated, others are still pending. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the new position in the Building Department be reduced from full-time to 25 hours per week with a proportional reduction in the anticipated revenues. Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (6) - Schroeder, Gray, Shenk, Mackesey, Sams, Thorpe Nays (3) - Efroymson, Johnson, Booth Motion Carried (6-3) Approval of Adoption of 1995 Budget as Amended A vote on the approval of the adoption of the 1995 Budget as amended resulted as follows: Ayes (9) - Booth, Johnson, Thorpe, Gray, Schroeder, Sams, Mackesey, Efroymson, Shenk Nays (0) - Carried Unanimously Mayor's Veto Mayor Nichols vetoed the 25 hour per week position in the Building Department. He stated that he would approve a 20 hour per week position if voted by Council. Motion to Override the Mayor's Veto of Building Department Position By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That this Council moves to override the Mayor's veto of the 25-hour per week Building Department position. Ayes (7) - Johnson, Thorpe, Mackesey, Shenk, Sams, Gray, Schroeder Nays (2) - Booth, Efroymson Motion Carried (7-2) Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That the new position in the Building Department be reduced from full-time to 25 hours per week with a reduction in revenues by $8,115 and to reduce the appropriations by an equivalent amount. Ayes (8) - Schroeder, Mackesey, Shenk, Sams, Gray, Efroymson Johnson, Thorpe Nay (1) - Booth Motion Carried (8-1) The Adoption of the 1995 Budget as Amended shall read as follows: WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 1995 as approved by the Budget and Administration Committee, and December 7, 1994 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 1995 and as those amounts may be altered by action of this Common Council at its December 7, 1994 meeting, are adequate for the operation of the City during 1995; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1995, together with any additional changes made in said budget at Council's December 7, 1994 meeting as the City of Ithaca Budget for 1995, in the total amount of $34,334,737., and be it further RESOLVED, That the following sections of the 1995 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 O) Schedule of Salaries and Positions - Joint Activity P) Schedule of Salaries and Positions - Solid Waste Fun 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 City Controller Cafferillo thanked the Mayor and Council for assisting his office in putting this budget together. He stated that it was a very difficult one and he thanked Deputy Controller Thayer and the rest of his staff for the assistance that they provided. Alderperson Booth thanked the Department Heads and Deputies for all their help with the Budget. * 14.2 Adoption of 1995 Tax Rate By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the 1995 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $34,334,737 on December 7, 1994, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $27,154,678 leaving $7,180,059 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1995, certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $861,951,876, and WHEREAS, under Charter provisions, the tax limit for City purposes amount to $18,392,948 for 1995; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 1995, be, and the same hereby is, established and fixed at 8.33 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1995 Tax Roll, thereby making a total tax levy, as near as may be, of $7,180,059 and be it further December 7, 1994 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 8.33 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 RESOLVED, That the total sum of $34,334,737 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 1995 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 $2,039,455,577 Less: Value of Exempt Property $1,198,961,047 Sub-total $ 840,494,530 Plus: Value of Special Franchises $ 21,457,346 Net Value of Taxable Property $ 861,951,876 Carried Unanimously * 14.3 1995 Budget Directions By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has adopted the 1995 City of Ithaca Municipal Budget, and WHEREAS, it will be necessary throughout 1995 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, 1995, 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 December 7, 1994 That the Vacancy Review Committee shall, when reviewing requests to fill vacant positions, advise each department of its affirmative action responsibilities, taking into account the affirmative action employment data for the department in which the vacancy exists, and shall advise each department of the City's policy of encouraging promotions from among existing City employees, 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, 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 1995 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 Unanimously * 14.4 DPW - Request to Negotiate Sale of Brindley Street Right- of-Way By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the City has received a request from Mark Zaharis for the City to abandon the Brindley right-of-way between Seneca and Buffalo Streets, and to sell this property to Mr. Zaharis to allow the relocation of Pete's Grocery, and WHEREAS, at its regular board meeting on October 12, 1994, the Board of Public Works approved the abandonment of the street December 7, 1994 right-of-way between State Street and Buffalo Street, and recommended the sale of the eastern half of the Brindley Street property, and WHEREAS, the Budget and Administration Committee reviewed the request for the sale of a portion of Brindley Street and concurs with the Board's recommendation to sell the property; now, therefore, be it RESOLVED, That Council approves for the purpose of negotiation the sale of the Brindley Street right-of-way and directs the City Attorney to negotiate an appropriate purchase contract with Mr. Zaharis. Alderperson Schroeder noted that it is important to him that there be a deed restriction allowing for pedestrian access across the property from the north to the south, preferably on the Brindley Street property. If that can't be done without significant financial detriment, then just across the property as a whole. A vote on the resolution resulted as follows: Carried Unanimously * 14.5 DPW - Request to Approve Transfer of Funds By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the Streets and Facilities Garage has recently purchased a new fleet maintenance and fuel management program, and WHEREAS, the DPW staff has determined that to get the new program operational, an additional data entry person will be needed through the end of the year at a cost of $2,600; now, therefore, be it RESOLVED, That to hire a seasonal part-time data entry clerk for said data entry purposes, the 1994 Budget be amended as follows: Transfer From: Transfer To: Account A5411-120 $2,600 Account A5010-120 $2,600 Carried Unanimously * 14.6 Attorney - Modification of Domestic Partnership Benefit Affidavit By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, the New York State Insurance Department guidelines for the inclusion of domestic partners in municipal health insurance programs required an affidavit of economic interdependency to be completed by members of domestic partnerships who sought such health insurance coverage; and WHEREAS, in September of 1994, this Common Council approved the prescribed domestic partnership affidavit developed in conjunction with Blue Cross/Blue Shield, the City's Health Program Administrator, which affidavit included a provision requiring two items of proof showing financial interdependency; and WHEREAS, by letter dated August 10, 1994, the Mayor filed with the State Department of Insurance a request for a waiver from the provision of requiring two items of proof respecting financial interdependency; and WHEREAS, by letter dated October 11, 1994, from Donna Freireich, Deputy Superintendent and General Counsel, the State of New York Insurance Department has stated its position that because the City of Ithaca is a self-insured municipal health plan, it is exempt from regulation as an insurer by the Insurance Department and that therefore, the Ithaca Plan need not require that employees seeking coverage for their domestic partners submit proof of financial interdependence; now, therefore, be it December 7, 1994 RESOLVED, That the prescribed domestic partnership affidavit to be completed by members of domestic partnerships who seek such health insurance coverage shall be modified to delete the requirement that the individuals submit two items of proof showing financial interdependency; and that the affidavit (which is on file in the City Clerk's Office) shall be utilized for such purposes; and be it further RESOLVED, That City staff take all appropriate steps to effectuate this change as soon as possible. Discussion followed on the floor. Alderperson Thorpe thanked all those who worked to effectuate this change but also called attention to the fact that for city workers who take advantage of the benefit it can be very expensive. She stated that at some time in the future Council may wish to protest to the Federal government this unequal treatment. A vote on the resolution resulted as follows: Carried Unanimously * 14.7 DPW - Request to Increase Authorization of Parking Meter Capital Project By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, Council approved the purchase of electronic parking meters for Thurston Avenue during the 1994 Budget Approval at a cost of $40,000, and WHEREAS, the Board of Public Works, in conjunction with DPW staff, has recommended that additional electronic parking meters be located on Stewart Avenue, Oak Avenue, and Edgemoor Lane in the City at a cost of $100,000, and WHEREAS, the Board of Public Works is currently reviewing the exact number of meters to be installed and their location; now, therefore, be it RESOLVED, That Capital Project #285 Installation of Parking Meters be amended by a cost not to exceed $100,000, for a total project cost of $140,000, to purchase and install electronic parking meters at said locations, and be it further RESOLVED, That the funds for said project will be derived through the issuance of serial bonds. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Booth, Gray, Thorpe, Sams, Mackesey, Johnson, Sh Nay (1) - Schroeder Motion Carried (8-1) * 14.8 Finance/Controller - Request to Increase Authorization of Computer Network Capital Project By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, Council, at its July 6, 1994 regular meeting, approved Phase I of a City-wide computer network system in the amount of $50,000, and WHEREAS, the City's Computer Committee has fully examined the costs of the Phase I City-wide Computer Network System and determined that to purchase and install Phase I of the project, the City will need an additional $10,000 for installation, and WHEREAS, the first phase of the network project will cover all City Hall Departments, the Police Department, the Fire Department, and permit future connections, with other City departments; now, therefore, be it December 7, 1994 RESOLVED, That Capital Project #211 Computer Acquisition be amended by a cost not to exceed $10,000 for a total City-wide Computer Network Project of $60,000, and be it further RESOLVED, That the funds for said computer network be financed through the issuance of serial bonds. Discussion followed on the floor with City Controller Cafferillo answering questions from Council members. Carried Unanimously * 14.9 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 By Alderperson Booth: Seconded by Alderperson Shenk 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 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" December 7, 1994 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, 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 December 7, 1994 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 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 December 7, 1994 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 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 December 7, 1994 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 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. December 7, 1994 (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 [structures and side by side two household structures] and existing three (3) story owner-occupied one family dwellings 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. 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 December 7, 1994 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. 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 December 7, 1994 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. Alderperson Schroeder stated for the record that he will vote against this Ordinance because he thinks the cost is excessive for property owners and tenants in the City of Ithaca. Discussion followed on the floor regarding the Ordinance with Building Commissioner Eckstrom and Fire Chief Wilbur answering questions from Council members. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That a change in the chart be made as follows: "That the owner-occupied two-family house requirements would become the same as the owner-occupied one-family house." Discussion followed on the Amending Resolution with City Attorney Guttman giving input regarding the amendment. Alderpersons Mackesey and Johnson withdrew the amending resolution. Motion to Refer Back to Committee By Alderperson Mackesey: Seconded by Alderperson Shenk RESOLVED, That the Smoke Detection Ordinance be referred back to Committee to exam the issue of owner-occupied two-family houses. Ayes (8) - Mackesey, Shenk, Johnson, Schroeder, Sams, Efroyms Nay (1) - Booth Motion Carried (8-1) * 14.10 Police Department - Creation of an Interim Position for Police Department By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Authorized Position Roster for the Police Department be hereby increased by one Police Officer position on an interim basis, and be it further RESOLVED, That the existing Police Officer position that shall become vacant due to the promotion of a current Police Officer shall be deleted upon the promotion of the officer. Alderperson Booth explained that due to disciplinary proceedings in the Police Department, it is necessary to move a Sergeant into a Police Officer position. There will be no increase in the number of persons working in the Police Department. A vote on the resolution resulted as follows: Carried Unanimously * 14.11 An Ordinance Amending Chapter 146 Entitled "Building Construction" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Shenk Ordinance No. 94- An ordinance amending Chapter 146 entitled "Building Construction" of the City of Ithaca Municipal Code. December 7, 1994 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 146 entitled "Building Construction" of the City of Ithaca Municipal Code is amended as follows: That subsection (a) of subsection (2) entitled "Permit Fees" of subdivision C entitled "Application for Permit" of Section 146-7 entitled "Building Permits" is hereby amended to read as follows: "(a) Permit fees shall be paid before permit review can commence according to the following schedule: Permit Type Fee Where the total valuation of the work is: $2,000 or less $10.00 From $2,001 to $25,000 $6.00 for each $1,000.00 or frac- tion thereof to and including $25,000.00 Over $25,000 $150.00 for the first $25,000.00 plus $5.00 for each $1,000.00 or frac- tion thereof Provided however that: (i) The above fee shall be reduced by one-half if the subject property has an exemption pursuant to Article I of Chapter 300 of this Municipal Code (Senior Citizens Exemption). (ii) The above fee shall be waived if the permit is for a construction project consisting solely of the installation, repair or modification of a fire protection system or device, such as smoke/heat detectors or systems, sprinkler systems, or other fire suppression systems. (iii) The above fee shall be waived if the permit is for a maintenance or repair project that is a correction required because of a citation of a Building Department Inspector as a result of a housing inspection and the total valuation of the work is less than $2,000. Permit Type Fee Other inspections and fees related to building construction: Requested inspections outside normal $42.00 per hour business hours (minimum charge, 2 hours in addition to the permit fee) Plan review for projects exceeding 50% of permit fee $5,000 (where no permit is requested) schedule (amount to be applied to permit fee) Additional plan review required by $28.00 per hour changes, additions or revisions to approved plans Building permit renewal $25,00 or 10% of the December 7, 1994 original building permit fee, whichever is larger Certificates of occupancy $28.00 per hour for each hour of inspec- tion, review or analysis Temporary certificates of occupancy $28.00 plus $28.00 for each hour of inspec- tion, review or analysis Demolition work Up to $1,000 $12.00 $1,001 to $5,000 $25.00 $5,001 and up $25.00 plus $4.00 for each $1,000.00 or fraction thereof over $5,000.00" Section 2. This ordinance shall take effect on January 1, 1995, in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously PLANNING COMMITTEE: * 16.1 Authorization for the City of Ithaca to Provide 100% of the Non-Federal Share of the Cost of the City of Ithaca Bicycle Plan Transportation Enhancement Federal-Aid Project By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, a project for the preparation of a City of Ithaca bicycle plan, P.I.N. 3950.02, funded for in Title 23 U.S. Code, as amended calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the above project by making a commitment of 100% of the non-federal share of the costs of a consultant contract to prepare said plan; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca, duly convened, hereby approve the above subject project, and be it further RESOLVED, That the Common Council hereby authorizes the Controller of the City of Ithaca to pay 100% of the non-federal share of the cost of the consultant’s work for the subject project or portions of the subject project, and be it further RESOLVED, That the sum of $4,000.00 is hereby appropriated to cover the cost of participation in the above phase of the project; and be it further RESOLVED, That in the event the full non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Department of Transportation, and be it further RESOLVED, That the Mayor of the City of Ithaca be, and is, hereby authorized to execute all necessary agreements on behalf of the City of Ithaca with the New York State Department of Transportation approving of the above subject project and providing for the municipality’s administration of the project December 7, 1994 and its participation in the cost of the local share of the subject project, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreements in connection with the project. Carried Unanimously 1995 Community Development Block Grant Application - Report Alderperson Schroeder reported that the City received a grant for $900,000 for some very important and worthy projects. This include $325,000 for the second phase of the Mutual Housing Project that will build 14 more units, seven more duplexes next to the current existing Mutual Housing Project units; $150,000 toward building a Drop-in Children's Center Day Care Facility, which is across the street from the Mutual Housing units; $200,000 to Ithaca Neighborhood Services to renovate 18 sub- standard owner-occupied houses in the Northside area; $10,000 toward improvements in Conway Park to which the city is adding another $20,000; $25,000 to the Sciencenter for a science education program targeted for low income youth and $100,000 for a business and entrepreneurial training program for low income women, minorities and youth as well as some money for administration. Alderperson Schroeder congratulated staff for once again doing the necessary work to obtain another Community Development Block Grant. Mayor Nichols also congratulated staff for all their work on the application. Northside Land Use Committee Recommendations - Report Alderperson Schroeder reported on new plans and recommendations from the Northside Land Use Committee. He stated that he will be handing out reports from that committee. Letter of Support for Relocation of County Offices Into City - Report Alderperson Schroeder reported that both the Planning Committee and the Economic Development Committee endorsed a letter from the Mayor and the Chairs of the two committees that strongly supported the idea of all County offices at the Biggs Complex being re-located downtown. EXECUTIVE SESSION: By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council adjourn into Executive Session to discuss possible litigation and the acquisition of real estate. REGULAR SESSION: Common Council reconvened in Regular Session and presented the following resolution: Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the City Attorney's office be hereby authorized to submit a purchase offer to acquire 5.77 acres of land located at 401 Cliff Street in the City of Ithaca, owned by Earland D. and Robert R. Mancini, for a negotiated price of $32,000, plus applicable survey and closing costs, not to exceed $5,000, and be it further RESOLVED, That a capital project be established for a maximum amount of $37,000, which amount shall be financed by the issuance of serial bonds for such acquisition. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:15 p.m. December 7, 1994 Callista F. Paolangeli Benjamin Nichols City Clerk Mayor