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