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