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HomeMy WebLinkAboutMN-CC-1995-01-04January 4, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. January 4, 1995 PRESENT: Mayor Nichols Alderpersons (8) - Booth, Johnson, Gray, Shenk, Hanna, Thorpe, Mackesey, Efroymson ABSENT: Alderpersons (2) - Schroeder (excused), Sams (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman Deputy City Controller - Thayer Planning and Development Director - Van Cort Police Chief - McEwen Fire Chief - Wilbur Building Commissioner - Eckstrom Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the December 7, 1994 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Booth RESOLVED, That the Minutes of the December 7, 1994 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested that two bond resolutions be added to the agenda as items 18.16 and 18.17. No Council member objected. Mayor Nichols stated that he has taken the liberty of adding a resolution to the agenda which was presented by Alderperson Thorpe as follows: Proclamation of Thanks By Alderperson Thorpe: Seconded by Alderperson Johnson WHEREAS, Callista Paolangeli, known to all as "Cookie", has served the City of Ithaca for over seventeen years as Deputy City Clerk and City Clerk, and WHEREAS, Cookie has now decided to retire, and WHEREAS, Cookie has run the office of City Clerk for these many years with calm efficiency, and WHEREAS, Cookie has been invariably pleasant and helpful to every member of the public, staff and elected official with whom she has interacted, and WHEREAS, Cookie has suffered through endless meetings of Common Council with amazingly good humor and has produced minutes that made sense of these meetings, and January 4, 1995 WHEREAS, Cookie has devised a system for varying the order in which Council members are called in roll call votes that is still a mystery to all; now, therefore, be it RESOLVED, That this Common Council on behalf of the citizens of Ithaca hereby thanks Cookie Paolangeli, expresses our deep affection to her and wishes her many happy and productive years ahead." Carried Unanimously MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested Council approval for the re-appointment of Peter Seligmann, 115 Eastwood Terrace and the appointment of Steven Ehrhardt, 409 South Albany Street, to the Board of Public Works with terms to expire December 31, 1997. Resolution By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That this Council approves the re-appointment of Peter Seligmann and the appointment of Steven Ehrhardt to the Board of Public Works with terms to expire December 31, 1997. Carried Unanimously Bicycle Advisory Council Mayor Nichols requested Council approval for the appointment of Andy Ruina, 227 Bryant Avenue to the Bicycle Advisory Council with a term to expire December 31, 1997. Resolution By Alderperson Gray: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Andy Ruina to the Bicycle Advisory Council with a term to expire December 31, 1997. Carried Unanimously Board of Appeals on Building Code Mayor Nichols requested Council approval for the re-appointment of Grace N. Chiang, 65 Lois Lane to the Board of Appeals on Building Code with a term to expire December 31, 1997. Resolution By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of Grace N. Chiang to the Board of Appeals on Building Code with a term to expire December 31, 1997. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested Council approval for the re-appointment of Joy Blumkin, 225 Ridgedale Road to the Board of Zoning Appeals with a term to expire December 31, 1997. Resolution By Alderperson Johnson: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of Joy Blumkin to the Board of Zoning Appeals with a term to expire December 31, 1997. Carried Unanimously Cable Commission Mayor Nichols requested Council approval for the re-appointment of M. Jean Finley, 211 Schuyler Place to the Cable Commission with a term to expire December 31, 1999. Resolution By Alderperson Gray: Seconded by Alderperson Efroymson January 4, 1995 RESOLVED, That this Council approves the re-appointment of M. Jean Finley to the Cable Commission with a term to expire December 31, 1999. Carried Unanimously Commons Advisory Board Mayor Nichols requested Council approval for the re-appointments of the following persons to the Commons Advisory Board with terms to expire December 31, 1996: Terrence Calhoun, 111 North Plain Street; Rob Gerhart, 23 West Miller Road; David Patz, 171 East State Street; Nancy Lieberman, 15 Cedar Lane. Resolution By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That this Council approves the re-appointments of Terrence Calhoun, Rob Gearhart, David Patz and Nancy Lieberman to the Commons Advisory Board with terms to expire December 31, 1996. Carried Unanimously Design Review Board Mayor Nichols requested Council approval for the re-appointments of Victoria Anagnost, 304 College Avenue and Kenneth Vineberg, 141 The Commons with terms to expire December 31, 1997. Resolution By Alderperson Gray: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re-appointments of Victoria Anagnost and Kenneth Vineberg to the Design Review Board with terms to expire December 31, 1997. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Nichols requested Council approval for the appointments of Tom Herman, 216 Dey Street and Lauren A. Stiles, 144 Cascadilla Park Road to the Ithaca Landmarks Preservation Commission with terms to expire December 31, 1997. Resolution By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the appointments of Tom Herman and Lauren A. Stiles to the Ithaca Landmarks Preservation Commission with terms to expire December 31, 1997. Carried Unanimously Planning and Development Board Mayor Nichols requested Council approval for the re-appointments of David Kay, 205 Hook Place and Susan Blumenthal, 305 Mitchell Street to the Planning and Development Board with terms to expire December 31, 1997. Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the re-appointments of David Kay and Susan Blumenthal to the Planning and Development Board with terms to expire December 31, 1997. Carried Unanimously Community Police Board Mayor Nichols requested Council approval for the re-appointment of Herbert Nelson, 502 South Albany Street, and the appointments of Michael Yarrow, 407 Hancock Street and Kendrick Kemp, 106 Cleveland Avenue to the Community Police Board with terms to expire December 31, 1997 for Mr. Nelson and Mr. Yarrow and December 31, 1995 for Mr. Kemp. Resolution By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of Herbert Nelson, and the appointments of Michael Yarrow and Kendrick Kemp to the Community Police Board with terms to expire January 4, 1995 December 31, 1997 for Mr. Nelson and Mr. Yarrow and December 31, 1995 for Mr. Kemp. Carried Unanimously Rental Housing Advisory Commission Mayor Nichols requested Council approval for the re-appointments of Kimberly Esterman, 609 North Tioga Street; Robyn Jenks, 278 Hayts Road; and Colin Forth, 110 North Aurora Street to the Rental Housing Advisory Commission with terms to expire December 31, 1997. Resolution By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That this Council approves the re-appointments of Kimberly Esterman, Robyn Jenks and Colin Forth to the Rental Housing Advisory Commission with terms to expire December 31, 1997. Carried Unanimously City Historian Mayor Nichols requested Council approval for the appointment of Susan H. Robey, 209 Wait Avenue as City Historian with a term to expire December 31, 1996. Resolution By Alderperson Gray: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Susan H. Robey as City Historian with a term to expire December 31, 1996. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Thank You to City Clerk Mr. Will Kone, 203 Madison Street, thanked City Clerk Paolangeli for all the work and help he has received from her office in the past. REPORT OF THE BOARD OF REPRESENTATIVES: Mr. Stu Stein, Third Ward Representative, wished everyone a Happy New Year. He commented that the Board of Representatives wants to build a closer, warmer and more fruitful communication than has sometimes happened in the past with all Tompkins County municipalities. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported to the Council on the following items: The Board passed a resolution on December 14 asking that the design of recycling bins and trash cans throughout the city, especially The Commons and Collegetown, be turned over to the Art and Design Committee for their recommendations. The Board also asked that staff develop some guidelines for the Art and Design Committee in developing future plans which would include durability, security and costs. The Board passed a resolution on the expansion of metered parking. The original request was for Thurston Avenue and the expanded areas include Stewart Avenue, Oak Avenue and Edgemore Lane. The Bicycle Advisory Council requested that the Board install bike racks in the Woolworth lot close to the bus shelter. Staff is investigating and hopes to proceed when the weather improves. The Board has had a request for outdoor skating at Conway Park. The neighborhood was petitioned and there was unanimous approval. If there is a enough snow and cold weather in the next couple of months, we are going to try this out. January 4, 1995 The Board passed a resolution authorizing the Mayor, the Superintendent and the Assistant Superintendent for Water and Sewer to negotiate final costs and sign necessary agreements for replacement of water and sewer lines on Fulton Street in conjunction with the Route 96 project. The Board passed a resolution setting meter rates for Thurston Avenue. The rate is $.25 per hour in all areas except at the west end of Oak Avenue where it will be $.50 per hour. The Board passed a resolution designating emergency snow routes. That resolution has been published in the paper. Commissioner Reeves answered questions from Council members. Greater Ithaca Activities Center Alderperson Efroymson noted that the annual Martin Luther King breakfast at GIAC will be held on Saturday, January 14th in the gymnasium at the Beverly Martin School. COMMUNICATIONS FROM THE MAYOR: Manufacturers and Trust Bank Mayor Nichols stated that there has been discussions under the auspices of Congressman Hinchey with representatives of the M & T Bank in connection with their pledge to the community regarding the actions which they will take in conjunction with extending credit and how they will operate in Ithaca. Discussion followed on the floor regarding the agreement with M & T Bank. Mayor Nichols believes we are very near an agreement with them. Letter to Newly Elected Cornell President Rawlings Mayor Nichols noted that he had written a letter to the newly elected President of Cornell University welcoming him and also indicating that there are issues that need to be resolved between the City and the University. Mayor Nichols stated that he has received an answer to his letter in which President Rawlings stated: "It is clear from both your letter and from comments by others that there are indeed issues to be resolved between the city and the university. I shall plan to study those issues and to meet with you in the coming months." YOUTH COMMITTEE: Recycle Ithaca Bicycles (RIBS) Alderperson Efroymson noted that if any one knows of any site that can be used for the RIBS program that is currently located on the northside they should contact the Southside Community Center, who sponsors the program. The program is about to lose its present site. INTER-INSTITUTIONAL COMMITTEE: Letter to Cornell University President Rawlings Alderperson Efroymson read the following proposed letter into the record: "President Hunter R. Rawlings III University of Iowa Iowa City, Iowa 52242 Dear President Rawlings: Congratulations on your recent appointment as President of Cornell University. Speaking on behalf of the City of Ithaca the Common Council wishes you a warm welcome to our community. January 4, 1995 We are sure that you are already aware of the many positive attributes Ithaca offers and assume that this was one factor in your decision to come here. We believe that you are also aware of various unresolved issues between the University and the City. We sincerely hope that in the very near future, with your assistance, both the City and Cornell University can help each other accomplish our goals and address the outstanding matters that have come between us. We look forward to meeting you and having the opportunity to personally welcome you to our City. We hope that you will join us in a renewed effort to improve the relationship between the University and the City." Alderperson Efroymson stated that the letter would be available in the Clerk's Office so that all alderpersons could sign the letter. BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 Youth Bureau - Request to Establish Capital Project for Van Acquisition By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Youth Bureau is requesting the replacement of their Recreation Mainstreaming Services 1987 Van number 154 due to old age and cost of maintenance, and WHEREAS, a new van to replace van number 154 has been estimated to cost approximately $18,000, and WHEREAS, the Youth Bureau has demonstrated the need for this van replacement and the remaining five Youth Bureau/GIAC vans; now, therefore, be it RESOLVED, That Capital Project #308 for Van Acquisition be established at an amount not to exceed $18,000, and be it further RESOLVED, That a five-year van replacement schedule will be established to properly maintain the current and future fleet of Youth Bureau and GIAC vans, and be it further RESOLVED, That the funds for said van replacement shall be derived from the issuance of serial bonds. Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That there be a further Resolved clause added to the resolution to read as follows: "RESOLVED, That no funds for such van shall be expended until completion of further review by Common Council." Discussion followed on the floor with Youth Bureau Administrative Assistant Alice Green answering questions from Council members. She handed out a chart showing the use of the Youth Bureau and GIAC vans. A vote on the Amending Resolution resulted as follows: Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 18.2 Youth Bureau - Request to Amend 1995 Authorized Personnel Roster By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the Youth Bureau is interested in providing city youth with better services and programs, and WHEREAS, the Youth Bureau is working with Southside Community Center to institute a new tutor/mentor service in the One-to-One January 4, 1995 Program, which will establish a homework center in the Southside Center and provide formalized teaching; now, therefore, be it RESOLVED, That the 1995 Youth Bureau Authorized Personnel Roster for the One-to-One Program be amended, to accomplish said program, as follows: Add: One (1) Full-time Educational Instructor Delete: One (1) Full-time Youth Worker Carried Unanimously * 18.3 Department of Public Works - Request to Approve City Traffic Systems Engineer Salary Range By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a committee of the Board of Public Works has interviewed candidates for the position of Traffic Systems Engineer and made recommendations to the Superintendent of Public Works, and WHEREAS, the Superintendent has approached Daniel G. Cole with an offer of employment based on his work experience and the job which is covered by the City Executive Association Contract; now, therefore, be it RESOLVED, That Common Council approves the hiring of Mr. Cole at a 1995 salary of $39,000. Carried Unanimously * 18.4 Department of Public Works - Request to Amend 1995 DPW Budget for SBA Grant By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the City has applied for and received an $11,000 grant from the New York State Department of Environmental Conservation for the National Small Business Tree Planting Program; now, therefore, be it RESOLVED, That the City's 1995 Budget be amended to reflect the Small Business Tree Planting Program Grant of $11,000 as follows: Increase Revenue Account: A-3989 Home & Community Service $11,000 Increase Appropriations Account: A-7111-435 Parks & Forestry Contractual $11,000 Carried Unanimously * 18.5 Department of Public Works - Request to Establish Capital Project for 1995 Sidewalk Program By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has performed an annual city sidewalk reconstruction program based upon a ten-year replacement schedule, and WHEREAS, the Annual Sidewalk Program is estimated to cost $75,000 in 1995, and WHEREAS, the City has appropriately capitalized the DPW sidewalk program since 1991; now, therefore, be it RESOLVED, That Capital Project #249 City Sidewalk Program be amended by an amount not to exceed $75,000 to repair the current section of city sidewalks based upon the ten-year sidewalk replacement schedule, and be it further RESOLVED, That the funds for said sidewalk reconstruction shall be derived from the issuance of serial bonds. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously January 4, 1995 * 18.6 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 and An Ordinance Amending Section 210-5 "Definitions" of Article I, Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Efroymson 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 dwelling Smoke/Heat Detector Minimum Requirements", "Two Family Dwelling Smoke/Heat Detector Minimum Requirements" and "Multiple Dwelling Smoke/Heat Detector Minimum Requirements" are incorporated into this municipal code for the purpose of describing the type and degree of smoke/heat detectors and systems that are required to be installed by this section. The type of smoke/heat detector or system required varies with the intensity of the building's use, whether the owner occupies the building and the building's height January 4, 1995 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 detector(s) or system described in each 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 a heat detector for a required smoke detector. 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 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 January 4, 1995 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 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 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 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 manual activation means must be located at all primary exits at grade from the structure and at such locations as the Building Commissioner determines are appropriate to ensure the safety of the occupants of the building. When, in the opinion of the Building Commissioner, smoke detectors are located or are to be located in areas where conditions exist that have the potential to cause or have been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced with heat detectors located in the required detector locations. If the Building Commissioner determines that the detectors will not be heard in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a device or detector producing an audible sound which shall be located to provide adequate audibility within all rooms. Audibility will be determined as provided in generally accepted standards. The system shall sound an audible January 4, 1995 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 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 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. 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. 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 manual activation means shall be located at all primary exits at grade from the structure and at such locations as the Building Commissioner determines are appropriate to ensure the safety of the occupants of the building and shall also be wired in such a way to provide automatic notification to the Fire Department when activated. If the Building Commissioner determines that the detectors will not be heard in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a device or detector producing an audible sound which shall be located to provide adequate audibility within all rooms. Audibility will be determined as provided in Generally Accepted Standards. The system shall sound an audible signal which indicates a malfunction of the system. The audible trouble indication system may be supplemented with a visible signal that gives a continuing indication of the malfunction after the audible signal is silenced. This system shall provide 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 January 4, 1995 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 to provide the smoke/heat detection coverage previously required for multiple residences and to provide the smoke/heat detection required by this section 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. 4. Smoke/Heat Detector requirements (a) Smoke Detector Types - Smoke detectors required under this section shall be of a type approved by the Building Commissioner as capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm in response to sensed particles. (b) Heat Detector Types - Heat detectors required under this ordinance shall be of a type approved by the Building Commissioner as capable of sensing an abnormal rise in temperature and providing a suitable audible alarm in response to the sensed rise in temperature. (c) Detector Location - Every detector required to be installed and maintained by this ordinance must be installed, maintained, and located in accordance with generally accepted standards and manufacturer's installation instructions, or in a manner otherwise approved by the Building Commissioner. Every such detector shall also be located in such a manner that the detector will be reasonably free from false alarms and provide visible indication that the alarm is energized, except that, a battery operated smoke detector need not provide a visible indication that the detector is energized, as long as the detector visibly or audibly indicates the loss of battery power. (d) Detector Power Source - Each detector required by this section to be installed in existing one and two-story, one family dwellings 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, 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 January 4, 1995 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 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 system is in working order and maintaining the 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, 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 in working order and maintaining the 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 of One and Two Family Dwelling. 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 at least once each calendar year to verify that said detectors are in working order and are maintaining the 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 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. Effective Dates (a) Effective Date - This ordinance shall take effect immediately upon publication of a notice as required by the City Charter. January 4, 1995 (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, 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. 95 - 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. Generally Accepted Standard - A specification, code, rule, guide or procedure in the field of construction and fire prevention or related thereto, recognized and accepted as authoritative, which includes the list of reference standards in Title 9 New York Code Rules and Regulations (New York State Uniform Fire Prevention and Building Code) as of September 1, 1994. Effective date: This Ordinance shall take effect immediately upon publication of a notice as required by the City Charter. Discussion followed on the floor. Building Commissioner Eckstrom and Fire Chief Wilbur spoke to Council in support of the Ordinances. Alderperson Efroymson requested that news releases be prepared to inform the public of the ordinances. City Attorney Guttman answered questions regarding the ordinances. Amending Resolution By Alderperson Hanna: Seconded by Alderperson Shenk RESOLVED, That a non-owner occupied one-family dwelling of two or fewer stories should have independent smoke/heat detectors, not self contained battery operated smoke detectors. Aye (1) - Hanna Nays (7) - Johnson, Booth, Shenk, Thorpe, Mackesey, Motion Fails Discussion followed on the floor. A vote on the Ordinances resulted as follows: Ayes (7) - Booth, Johnson, Efroymson, Gray, Thorpe, Shenk, Mackesey Nay (1) - Hanna Carried (7-1) * 18.7 Fire Department - Request to Amend Fire Extraction System Capital Project By Alderperson Booth: Seconded by Alderperson Johnson January 4, 1995 WHEREAS, the Common Council approved an $86,950 Capital Project in 1991 to acquire a Diesel Exhaust Extraction System for all of the City's fire stations, and WHEREAS, due to many delays in designing it, the City only recently bid the Exhaust Extraction System Project, and WHEREAS, the bids came in at $104,436 for the entire exhaust extraction project, including installations in all City fire stations, and WHEREAS, the Fire Department staff has recommended that the Nederman Company of Michigan perform the contract work based on their low bid which meets project specifications; now, therefore, be it RESOLVED, That Capital Project #246 Fire Department Exhaust Extraction System be amended by an amount not to exceed $18,000 for a total project authorization of $104,950, and be it further RESOLVED, That the funds for said capital project shall be derived from the issuance of serial bonds. Carried Unanimously * 18.8 Fire Department - Request to Approve 1995 - 1997 Ithaca Paid Fire Fighters Association Contract By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the Agreement between the City of Ithaca and the Ithaca Paid Fire Fighters Association for a new three-year contract commencing January 1, 1995 and expiring on December 31, 1997, be approved as recommended by the City's Negotiating Team and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously * 18.9 Designation of Official Depositories By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company and the Fleet Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 1995, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 Guaranty and Bid Deposits 05-201-001004 City Tax Sale Redemption 05-201-001004 Health Facility Agreement 05-201-001004 Deposit on Water Meters 05-201-001004 City of Ithaca-Wire Transfer Account 06-201-001004 Ithaca Fire Department Bunker Facilities 04-201-001004 Sale of Unclaimed Property 05-201-001004 Circle Greenway 05-201-001004 Conference on College and Community 05-201-001004 Center for Expressive Arts 05-201-001004 Peter DeWysocki Memorial Fund 05-201-001004 Cemetery Fund 05-201-001004 Fire Department Recognition Banquet 05-201-001004 Commons Cultural Tourism 05-201-001004 West End Trees 05-201-001004 Gene Slater Memorial Fund 05-201-001004 Jack Kiely Scholarship Fund 05-201-001004 DeWitt Park Improvement Fund 05-201-001004 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 Centennial Art Work 05-201-001004 January 4, 1995 Central Business District Trees 05-201-001004 N.Y.S. Policemen's and Firemen's Retirement System 08-201-001004 N.Y.S. Employees Retirement System 08-201-001004 Ithaca Centennial Inc. 01-101-096437 GIAC Youth Enterprise Fund 05-201-001004 Hazardous Material Control Plan 05-201-001004 FICA Overpayment Reimbursement 05-201-001004 Central Business District Trees 05-201-001004 Juvenile Firesetter's Program 05-201-001004 Capital Reserve Fund #4 - Bridges 01-201-001055 Capital Reserve Fund #11 - Parks and Recreation Areas 01-201-001055 Capital Reserve Fund #14 - Parking Areas 01-201-001055 Capital Reserve Fund #15 - Fire Engine Replacement 01-201-001055 Capital Reserve Fund #16 - Development of Water Sources 01-201-001055 Capital Reserve Fund #17 - Sewer Construction 01-201-001055 Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction 01-201-001055 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 01-201-001055 Capital Reserve Fund #22 - Bus Replacement 01-201-001055 Capital Reserve Fund #23 - Public Works Equipment 01-201-001055 Capital Reserve Fund #24 - Energy Conservation 01-201-001005 Capital Reserve Fund #25 - Capital Improvements 01-201-001005 Capital Reserve Fund #26 - Land Acquisition 01-201-001005 Capital Reserve Fund - Joint Activity Fund 01-101-099762 Debt Service Fund 02-201-001004 Joint Activity Capital Fund 01-101-116535 FLEET BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 City of Ithaca Construction Fund 267-010842 Ithaca Area Wastewater Treatment Plant - Phase II 267-012276 Ithaca Area Wastewater Treatment Plant - Phase III 267-365187 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 18.10 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 1995. Carried Unanimously * 18.11 Collateral to Secure Deposits By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Fleet Bank as reported, be approved as to form and sufficiency. Carried Unanimously * 18.12 Public Employee's Blanket Bond By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pursuant to Section 11 of the Public Officers' Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1995. Faithful Performance Blanket $250,000 Peerless Bond Coverage Insurance Co. Carried Unanimously January 4, 1995 * 18.13 Designation of Common Council Meetings By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the regular meetings of the Common Council, for the year 1995, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously * 18.14 Finance Department/Controller - Approval of 1994 Community Services Agencies Contracts By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the Mayor be authorized to execute the following 1995 contracts with Community Services Agencies, in accordance with the adopted 1995 City budget: Project Growing Hope 500 Community Arts Partnership 10,000 Human Services Coalition 12,600 Tompkins County Area Development Corp. 4,000 Celebrations - Flag Day 350 Celebrations - Veterans Day 600 Tompkins Cortland Labor Coalition 10,000 DeWitt Historical Society 5,000 Cornell Cooperative Extension 5 000 Partnership for Youth 1,000 Ithaca Festival 8,000 Sciencecenter After School Program 2,500 Multicultural Resource Center 4,000 Community Arts Partnership Visitor/Ticket Ctr.10,000 Housing Options for Seniors Today (HOST) 1,500 Police Advocacy Program with Community 12,000 Dispute Resolution Center Carried Unanimously * 18.15 Department of Public Works - Water and Sewer Projects During Route 96 Reconstruction By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Assistant Superintendent of Public Works for Water and Sewer is working with NYSDoT to address water and sewer issues resulting from the reconstruction of Route 96, as well as to preserve opportunities to replace and upgrade the existing facilities in the project area, and WHEREAS, the Superintendent of Public Works has reviewed the current level of financing available for the anticipated replacements and improvements during this project with the City Controller and has recommended increases; now, therefore, be it RESOLVED, That the Board of Public Works recommends that the current Capital Projects for Water Distribution System and Sewer Collection System improvements (CP 506, $500,000 and CP 606, $500,000) be increased to $1,000,000 and $2,000,000 respectively. Carried Unanimously * 18.16 A RESOLUTION AUTHORIZING THE ISSUANCE OF $5,100,885 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN OBJECTS OR PURPOSES IN AND FOR SAID CITY. By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED JANUARY 4, 1995. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it January 4, 1995 RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the objects or purposes of paying the costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New York (the "City"), there are hereby authorized to be issued $5,100,885 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such specific objects or purposes or classes of objects or purposes in accordance with the maximum estimated cost of each. Such objects or purposes are as follows: a) The reconstruction of portions of the Cass Park Pool Facility in the City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $80,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law; b) The reconstruction of various streets and roadways throughout and in and for the City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $618,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. c) To pay the cost of professional services in connection with planning and conceptual design of a Pedestrian Access and Commons Improvement Program, including incidental expenses in connection therewith, at a maximum estimated cost of $12,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) of paragraph a of Section 11.00 of the Local Finance Law. d) To complete a bridge inspection study, including incidental expenses in connection therewith, at a maximum estimated cost of $70,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) of paragraph a of Section 11.00 of the Local Finance Law; e) The reconstruction of portions of parking facilities, including purchase and installation of new lighting, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $400,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law. f) The reconstruction of various sidewalks throughout and in and for the City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. g) The reconstruction of portions of various Fire Stations throughout and in and for the City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of January 4, 1995 $138,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. h) The acquisition and installation of telecommunication systems at various City facilities, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $32,385. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; i) The reconstruction and replacement of portions of the Fire Department hose system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $52,500. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. (j) The purchase of four wheel drive vehicles for the Fire Department of the City, including apparatus used and incidental expenses incurred in connection therewith, at a maximum estimated cost of $75,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. (k) The purchase and installation of parking meters throughout and in and for the City, including incidental expenses in connection therewith, at a maximum estimated cost of $100,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. (l) The purchase of a recycling vehicle, including original equipment and incidental expenses in connection therewith, at a maximum estimated cost of $80,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law. (m) The purchase of skid steer loader for the Department of Public Works of the City, including incidental expenses in connection therewith, at a maximum estimated cost of $35,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. (n) The purchase of a dump truck for the Department of Public Works of the City, including incidental expenses in connection therewith, at a maximum estimated cost of $65,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. (o) To pay the cost of the construction of improvements to the City's Water Treatment and Distribution Systems, including planning and design costs and original equipment, machinery,apparatus and appurtenances and incidental improvements and expenses necessary in January 4, 1995 connection therewith, at a maximum estimated cost of $1,250,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; (p) To pay the cost of the reconstruction and replacement of sewer collection lines in the City sewer system, including incidental original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,000,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; and (q) The purchase of a van for the Youth Bureau of the City, including incidental expenses in connection therewith, at a maximum estimated cost of $18,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $5,100,885, and the plan for the financing thereof is by the issuance of the $5,100,885 serial bonds authorized in Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes, in accordance with the maximum estimated cost of each specified herein. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual of facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such a manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a January 4, 1995 full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mackesey - Aye Booth - Aye Johnson - Aye Efroymson - Aye Gray - Aye Hanna - Aye Thorpe - Aye Shenk - Aye Ayes (8) Carried Unanimously January 4, 1995 * 18.17 A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $35,604 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE PURCHASE OF COMPUTER HARDWARE AND INCIDENTAL IMPROVEMENTS AND EXPENSES FOR A FINANCIAL MANAGEMENT FOR SAID CITY. By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED JANUARY 4, 1995. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, by bond resolution dated January 5, 1994 and June 1, 1994, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of an aggregate $50,000 serial bonds of said City to pay the cost of the purchase of computer equipment (hardware) for the Finance Department in and for said City, including incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such purchase of computer equipment (hardware) is $85,604, and increase of $35,604 over that previously authorized, and WHEREAS, it is now desired to authorize the issuance of an additional $35,604 serial bonds for such purpose; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the purchase of computer equipment (hardware) including incidental improvements and expenses in connection therewith, for a financial management system for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $35,604 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is now determined to be $85,604, and that the plan for the financing thereof is as follows: a. By the issuance of the $30,000 serial bonds of said City authorized to be issued for computer equipment (hardware) pursuant to bond resolution dated January 5, 1994; b. By the issuance of the additional $20,000 serial bonds of said City authorized to be issued pursuant to bond resolution dated June 1, 1994, for the purchase of such computer equipment (hardware); and c. By the issuance of $35,604 serial bonds of said City authorized to be issued pursuant to this bond resolution for the purchase of such computer equipment (hardware). Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase of computer equipment (hardware) is ten years, pursuant to subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law, calculated from February 1, 1994, the date of issuance of the first bond anticipation note issued therefor. January 4, 1995 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual of facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and attested by the manual or facsimile signature of the City Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such a manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: January 4, 1995 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mackesey - Aye Booth - Aye Johnson - Aye Efroymson - Aye Gray - Aye Hanna - Aye Thorpe - Aye Shenk - Aye Ayes (8) Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:45 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor