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HomeMy WebLinkAboutMN-CC-2005-05-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. May 4, 2005 PRESENT: Mayor Peterson Alderpersons (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Luster City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Asst. Chief - Parsons EXCUSED: Alderperson Korherr PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business: Mayor Peterson requested the addition of item 14.3 – Executive Session to Discuss Collective Bargaining. No Council Member objected Individual Member – Filed Resolution: Mayor Peterson requested the addition of item 15.1 – Endorsing the US Mayors’ Climate Protection Agreement. No Council Member objected PROCLAMATIONS/AWARDS: 2005 Quarterly Recognition Awards: Mayor Peterson presented Nancy Bower from the Ithaca Youth Bureau with the Individual award, for her coverage of the front office at the Youth Bureau during vacancies, and the long hours she put in including weekends to see that the work that needed to be done was completed. Mayor Peterson also presented Evadene Truax and Chris Irvin, from Streets and Facilities with the Team award for the special fund they created with contributions from DPW employees for sympathy cards, meals for families in crisis, the holiday party for DPW families, and letters from Santa for the children. These thoughtful gestures have a very positive effect on employee morale. Proclamations: Mayor Peterson presented the following proclamations: May 2005 – National Historic Preservation Month May 2005 – Asian American Heritage Month June 1, 2005 – Ithaca High School Orchestra Day in the City of Ithaca May 7, 2005 – Suicide Prevention Day May 7-14, 2005 – Suicide Prevention Week May 2005 – Childhood Depression Awareness Month and Mental Health Awareness Month Common Council Meeting Minutes May 4, 2005 2 SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislature: Nancy Schuler, 4th District Representative addressed Common Council with the following items: County Legislators from the - 1st, 3rd, and 4th districts have conducted work sessions with members of Common Council to discuss issues of mutual interest. - Southwest Development – Request to consider the County Comprehensive Plan when discussing plans for future development. - Northwest Airlines has begun operating out of the Ithaca Tompkins Regional Airport. - Emergency Communication System – the county is looking at 10 sites that would cover Tompkins County and improve reliability by 65-95%. - There have been three public hearings on assessment exemptions for Historic Barns and Major Improvements with disability/medical/senior exemptions - Tompkins County prescription plan, 1,010 prescriptions were filled within a two-month period; a three-month savings of $32,357 was realized with an average savings $14.90 per prescription. - County has approved funding for upcoming community celebrations: Juneteenth, National Night Out, and IPD Open House - National Drinking Water Week – taste test on Saturday, May 7, 2005 at the Farmers’ Market. Alderperson Townsend thanked Ms. Schuler for her years of service to the 4th Ward and for the support and assistance she has offered. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield, restaurant opportunities in the SW area and college block parties. Ken Deschere, City of Ithaca, Site proposed resolution Donald Lifton, City of Ithaca, revenue side of City operating budget. The Cornell University/City Memorandum Of Understanding (MOU) needs another review and update. Guy Gerard, City of Ithaca, Emerson Power Transmission environmental concerns; Therm history of spills Neil Oolie, City of Ithaca, TCAT fares, parking structure issues and cost. Proposed free bus fares and cost benefit analysis. Joyce Muchan, City of Ithaca, Emerson Power Transmission proposed resolution and thanked Council for action on this item in short period of time. Fay Gougakis, City of Ithaca, Cornell University/City MOU, traffic concerns: aggressive driving, speed bumps, speed limits, and community partnerships. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Whitmore thanked Mr. Oolie for comments regarding TCAT ridership. There has been a drop in ridership for cash fares, but not in bus pass fares. Future ideas include free ridership. Alderperson Mackesey recognized the Ithaca Police Department for its efforts on Prospect Street during Ithaca College’s last day of classes. The South Hill residents are Common Council Meeting Minutes May 4, 2005 3 grateful. She also thanked the South Hill residents for their efforts in the Emerson hazardous materials issue. Alderperson Zumoff thanked Mr. Lifton for his comments on the Cornell/City MOU and encouraged an Ithaca College contract as well. He further responded to comments made about downtown entertainment opportunities. Alderperson Zumoff noted that there was a retirement party for Marge Dill, Human Services Coalition Executive Director, and thanked her for her years of service to the community. He further noted that the Ithaca Farmers’ Market has increased its hours. Alderperson Coles stated that the Emerson resolution has been a true community undertaking and thanked the speakers for sharing their experiences. She stated that alcohol consumption at end of the year parties with students causes damage to health and impaired judgment. She thanked the Ithaca Police Department for their patience, kindness, and resolve in handling Ithaca College’s last day of classes. She further stated that the work sessions with Tompkins County legislators has improved communications. Alderperson Taylor stated that the Cornell University/City Working Groupwould be an appropriate venue for discussing Cornell contributions. He further stated that Ithaca College does not reimburse police overtime expenses, whereas Cornell University does reimburse for services rendered. Alderperson Berry thanked Alderpersons Mackesey and Coles, and Mayor Peterson for their work on the Emerson and Prospect Street projects and stated that it is a true collaboration between neighborhood and government. She further stated that there had been an incident of a bike being stolen on Yates Street and informed everyone that Ithaca Police Department has a bike registry so that when lost items are recovered they can be returned to their owners. She also commented on an incident she witnessed of young people fighting in the street, and voiced safety concerns. She thanked her colleagues for their work with young people. CONSENT AGENDA ITEMS: City Administration Committee: Request to Amend 2005 Budget for Criminal Justice Service Grant - Resolution By Alderperson Cogan: Seconded by Alderperson Coles WHEREAS, the Ithaca Police Department has received a notice of award for a State of New York Division of Criminal Justice Service (DCJS) Grant for the amount of $23,102, and WHEREAS, the grant funds will be used to purchase one Livescan Mugshot System and associated software to assist the Records Division of the Ithaca Police Department; now, therefore, be it RESOLVED, That Common Council hereby approves the following 2005 Budget Amendment in the amount not to exceed $23,102 for the purposes of accepting said DCJS Grant: Increase Revenue Account: A3120-4389-5001 Federal Aid $23,102.00 Increase Appropriation Account: A3120-5225-5001 Other Equipment $23,102.00 Carried Unanimously Authorization to Execute Addendum to Farmers’ Market Lease - Resolution By Alderperson Cogan: Seconded by Alderperson Coles WHEREAS, the Ithaca Farmers’ Market Cooperative, Inc. (”Farmers Market”) leases the Steamboat Landing site from the City of Ithaca for operation of the Ithaca Farmers’ Market through a lease agreement that extends through December 31, 2008, and Common Council Meeting Minutes May 4, 2005 4 WHEREAS, the Farmers’ Market seeks to extend the hours of operations by one hour on Saturdays and Sundays to 3 PM to reduce peak time traffic congestion and respond to shopper demand for later hours, and WHEREAS, the lease provides for payment of rent for the leased premises based on each five-hour period of use or any portion thereof, and WHEREAS, extending hours of operation on Saturdays for one hour will exceed the five-hour period on Saturdays resulting in a substantially increased rent, and WHEREAS, the Farmers’ Market seeks an addendum to the lease to waive additional rental fees for the one-hour extension of operations, and WHEREAS, Common Council recognizes that traffic generated by visitors to the Ithaca Farmers’ Market contributes to significant traffic congestion at the intersection of Rt. 13 and Third Street on Saturdays, and WHEREAS, the Farmers’ Market has beautified and enhanced the Steamboat Landing site for passive recreation use open to the public and provides opportunities for many locally-owned micro-enterprise businesses to succeed, now therefore be it RESOLVED, That Common Council hereby authorizes the Mayor to execute an addendum to the Ithaca Farmers’ Market Lease waiving the additional rental fees due for the extension of operations of the Farmers Market from a five-hour period to a six- hour period on Saturdays. Carried Unanimously COMMUNITY SERVICES COMMITTEE: TCAT Collective Bargaining – Report Alderperson Whitmore reported that the collective bargaining process continues; 9 items have been approved with many articles that still need to be considered, but they are making positive headway. On May 8, 2005, the Union had a “strike vote” which authorized the union negotiating committee to call for a strike if the bargaining process is not moving forward. This may increase the media presence of the union negotiating team. GOVERNANCE COMMITTEE: A Local Law to Amend Section 181-23 of the City of Ithaca Municipal Code Entitled “Issuance of Appearance Tickets” By Alderperson Mackesey: Seconded By Alderperson Whitmore WHEREAS, pursuant to Section 181-7(C) the Chief of the Fire Department and his/her designees were authorized to issue appearance tickets related to fire prevention and/or safety, but said provision did not specifically authorize the issuance of appearance tickets for fire related parking violations, and WHEREAS, pursuant to Local Law No. 2 of 2001 adopted on January 3, 2001, the City of Ithaca Common Council granted the Chief of the Fire Department and certain designated staff of the Fire Department of the City of Ithaca authority to issue appearance tickets to enforce any statute, local law, or ordinance, rule, or regulation with regard to parking violations related to fire prevention and/or safety, and WHEREAS, the above referenced Local Law added a new Section 181-23 to the City of Ithaca Municipal Code, and WHEREAS, the City of Ithaca Common Council is now in the process of revising Chapter 181 of the City of Ithaca Municipal Code to comply with State legislation that now supersedes any local fire codes but authorizes municipalities to adopt provisions related to enforcement and administration of the Fire Code of New York State, and WHEREAS, the Common Council wishes to consolidate the above provisions under one addressing the issuance of all appearance tickets by the Fire Department, now therefore Common Council Meeting Minutes May 4, 2005 5 LOCAL LAW NO. _____ OF 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 181-23 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 181-23. Issuance of appearance tickets. The Chief of the Fire Department, the Deputy Chief, and other Fire Department personnel designated by the Chief of the Fire Department shall have the authority, as provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in accordance with Article 150 of the New York State Criminal Procedure Law, to enforce any statute, local law, or ordinance, rule, or regulation with regard to fire prevention and/or safety and shall also have the authority to issue appearance tickets for any parking violations related to fire prevention, public health and/or safety. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3. Effective Date. This Local Law will take effect immediately upon filing with the Secretary of State as provided by Law. Carried Unanimously A Local Law to Amend Section C-33 of the City of Ithaca Charter Entitled “Acting Mayor; Alternate Acting Mayor” By Alderperson Mackesey: Seconded by Alderperson Zumoff LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-33.A of the Ithaca City Charter is hereby amended to read as follows: Section C-33. Acting Mayor; Alternate Acting Mayor. A. In case the Mayor shall be unable to perform the duties of the Mayor's office in consequence of sickness or absence from the city or if there shall be a vacancy in the office, at the first meeting in each year or as soon thereafter as may be practicable, the Common Council shall appoint [by ballot] one of its members to preside at the meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of the Mayor of the city, except as provided in § C- 33A(1), until the Mayor shall resume the duties of the office or the vacancy shall be filled for the unexpired term by election according to law. The officer so appointed shall be styled "Acting Mayor" and shall sign all necessary papers with his/her name, adding thereto the words "Acting Mayor." Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously Common Council Meeting Minutes May 4, 2005 6 A Local Law to Section C-5C(2) of the City of Ithaca Charter Entitled “Officers who serve at the pleasure of the Mayor.” This item was withdrawn from the agenda. A Local Law to Amend Section C-18 of the City of Ithaca Charter Entitled “Municipal Surgeon.” By Alderperson Mackesey: Seconded by Alderperson Tomlan LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-18 entitled "Municipal Surgeon" is hereby repealed in its entirety. Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon approval by electors of the City of Ithaca at the general election to be held on November 8, 2005, and its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Amend Section C-58.J of the City of Ithaca Charter Entitled “City Clerk to Act as Secretary to Board of Public Works.” By Alderperson Mackesey: Seconded by Alderperson Taylor LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-58.J of the Ithaca City Charter is hereby amended to read as follows: Section C-58.J City Clerk or designee to act as secretary; open meetings. The City Clerk or his or her designee shall act as secretary of the Board of Public Works and keep a record of all meetings. The meetings of the Board shall be open to the public[, except when, in the judgment of the Board, the public interest requires executive session.] in accordance with the Public Officers Law. Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously Common Council Meeting Minutes May 4, 2005 7 A Local to Amend Section C-94 of the City of Ithaca Charter Entitled “Membership, terms and compensation of Board.” By Alderperson Mackesey: Seconded by Alderperson Taylor LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-94 of the Ithaca City Charter is hereby amended to read as follows: Section C-94 Membership, terms and compensation of Board. There shall be a Board of Fire Commissioners, consisting of five Commissioners appointed by the Mayor and confirmed by the Common Council. At least three of these Commissioners shall be residents of the City of Ithaca. The remaining Fire Commissioners may be residents of either the City of Ithaca or the Town of Ithaca in Tompkins County, New York. The term of office of a Fire Commissioner shall be three years, commencing on the first day of July, two commissioners to be appointed in each of two successive years and one commissioner to be appointed in the third year. Such appointments shall be made at a meeting of the Common Council held in June of each year. A Commissioner shall hold office until the Commissioner's successor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner provided in this Charter. Permanent removal from the municipality of appointment, or other cause to be determined by the Common Council, rendering impossible the proper discharge of the Commissioner's duties as a Commissioner shall create a vacancy. [The Commissioners now in office shall continue until the expiration of the term for which they were respectively appointed.] Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Amend Section C-24B of the City of Ithaca Charter Entitled “Licensing Power.” By Alderperson Mackesey: Seconded by Alderperson Whitmore LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-24.B of the Ithaca City Charter is hereby amended to read as follows: Section C-24.B Licensing power. Said Board shall be empowered [, upon written examination, to license persons engaged in carrying on or conducting the business of employing or master electrician or those] to examine, license and regulate master and special electricians and others engaging or contracting in electrical work for hire in the City of Ithaca. Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Common Council Meeting Minutes May 4, 2005 8 Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Section C-5C of the City of Ithaca Charter Entitled “Appointed Officers of the City” By Alderperson Mackesey: Seconded by Alderperson Zumoff LOCAL LAW NO._____- 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-5.C of the Ithaca City Charter is hereby amended to read as follows: Section C-5.C The appointed officers of the city shall be: (1) Members of boards, councils and commissions: the six Commissioners of the Board of Public Works, [the five members of the Advisory Commission on Art and Design for Public Space], the 10 members of the [Affirmative Action Committee] Workforce Diversity Advisory Committee, the [seven] eleven members of the Bicycle Pedestrian Advisory Council, the three members of the Building Code Board of Appeals, the five Commissioners of the Board of Fire Commissioners, the five members of the Board of Zoning Appeals, [the five members of the Cable Commission, the three members of the Circle Greenway,] the three members of the Civil Service Commission, the [eight] eleven members of the Commons Advisory Board, the [seven] nine members of the Community Police Board, the nine members of the Conservation Advisory Council, the five members of the Design Review Board, the [12] twelve members of the Disability Advisory Council, [the 11 members of the Energy Commission,] the [four] three members of the Examining Board of Electricians, the [four] three members of the Examining Board of Plumbers, the five members of the Housing Board of Review, the [seven] five members of the Ithaca Housing Authority, the seven members of the Ithaca Landmarks Preservation Commission, the five members of the Ithaca Urban Renewal Agency, [the 12 members of the Citizens Advisory Committee,] the nine members of the Parks Commission, the seven members of the Planning and Development Board, the nine members of the Rental Housing Advisory Commission, the [eight] six or more members of the Shade Tree Advisory Committee, [the nine members of the Six Mile Creek Advisory Committee] the ten members of the Natural Areas Commission, the five members of Pegasys Access Oversight Committee, the seven members of the Public Art Commission, and the nine members of the Youth Bureau [Advisory Council] Board, all of whom shall be appointed by the Mayor in accordance with the provisions of the Charter or the ordinances or resolutions which create such boards, commissions or councils. Section 2. Severability Clause. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity of the remaining portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously Common Council Meeting Minutes May 4, 2005 9 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code Entitled “Fire Prevention” By Alderperson Mackesey: Seconded by Alderperson Coles WHEREAS the State enacted legislation titled the “Uniform Fire Prevention and Building Code of New York State” effective January 1, 2003, to be applicable throughout the State of New York, including in the City of Ithaca, and WHEREAS the said Uniform Code comprises several sub-units including the Fire Code of New York State, and the Property Maintenance Code of New York State, and WHEREAS although the task of developing and promulgating the Uniform Code is a State responsibility, and municipalities no longer have authority to enact substantive provisions related to fire safety and prevention, New York Executive law § 381 directs that cities, towns and villages of the State shall be responsible for enforcing the Fire Code of New York State, and WHEREAS in view of these developments the City of Ithaca Common Council wishes to amend the portions of Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” which previously established a Fire Code for the City of Ithaca in order to make the said Chapter consistent with State Law, and to provide for enforcement of the Fire Code of New York State, now, therefore ORDINANCE NO. _______ -2005 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: Chapter 181, FIRE PREVENTION ARTICLE I, Firesafety § 181-1. Blockading at fires or other emergencies. The official in charge at any fire or emergency scene may, when deemed necessary by him/her, blockade any street or part of a street or other place at or near a fire or emergency scene so as to secure the safety of the personnel and apparatus, and no person shall break through or attempt to break through such blockade. § 181-2. Injury Damage to fire apparatus prohibited. No person shall enter any place where any fire implements or apparatus may be with intent to injure damage the same or shall willfully injure damage any such implements or apparatus or shall remove any portion thereof or shall willfully do any damage to any engine-house or other place where the apparatus is or may be stored or to any fixture, articles of furniture or ornament in or about any such house or place. § 181-3. Fire alarms. A. Tampering prohibited. No person shall meddle or in any manner touch or interfere with the fire alarm wires or boxes of the City, except on proper occasion to given an alarm of fire; nor shall any person place any obstruction or suffer or permit any pole, tree, building or other obstruction to fall upon or against any fire alarm box or wire in the City. Common Council Meeting Minutes May 4, 2005 10 B. False alarms. (1) No person shall intentionally give or cause to be given a false alarm of fire (2) No person shall engage in deliberate or careless conduct which shall result in a false alarm of fire to be transmitted in any fashion. (a) Construction/maintenance activities. No person, who will perform maintenance, construction, cleaning, or other such activities which are likely to activate a fire detection or fire suppression system device in a building protected by a fire detection or suppression system, shall initiate any such activities until such time as they have determined that the fire detection or fire suppression system has been properly protected against inadvertent activation of such system. Protective measures include, but are not limited to, device and/or zone isolation, or system isolation. When any question exists as to whether or not such system has been properly isolated, the Fire Department shall be consulted prior to any such work commencing. C. Fees for master box connections to municipal fire alarm system. (1) An annual fee shall be assessed to each premises, which has a master fire alarm box, which interconnects the building fire alarm system with the municipal fire alarm system. This fee shall be the reasonable and expected costs associated with the maintenance of the municipal fire alarm system, as developed through the program budget accounting system. This cost will be divided by the number of master fire alarm boxes connected to the system, as documented by the Fire Chief. The fee for a master box connection shall be calculated each year and approved by the Board of Fire Commissioners. Upon approval, the Fire Chief shall send notices of such charge and the locations of each master box to the City Chamberlain, but not sooner than March 1 of each year. (2) The property owner shall be billed for the annual fee as established in Subsection C(1) above. This fee shall be paid to the City Chamberlain within 30 days of the billing date. If the required fee is not paid within 30 days of the billing date, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general city taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalty as the general city tax and as part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. § 181-4. Fire service outside city. A. Authority. Pursuant to the provisions of § 209 of the General Municipal Law, the Fire Department of the city is hereby authorized and permitted to go to the aid of another city, village, town, fire district, fire protection district, fire alarm district or other territory outside said city. B. Conditions. The Chief of the Fire Department or, in the Chief's absence, the person in charge thereof is hereby authorized to extend such aid under the following conditions and restrictions: (1) Such aid shall not be given to such an extent or under such circumstances as to unreasonably or dangerously impair the adequacy of said Fire Department for the extinguishment of fires within the city. (2) Said Chief, in connection with each call for outside assistance, shall prepare a claim for all loss, damage to apparatus or other equipment, expenses incurred in the operation of apparatus and equipment and costs of materials used and render such claim to the officer specified in and in the manner provided by § 209, Subdivision 2, of the General Municipal Law if so directed by the Common Council. (3) The Board of Fire Commissioners of the city shall have the power to make such additional rules, regulations, conditions and restrictions not inconsistent herewith as it may deem proper and desirable. Common Council Meeting Minutes May 4, 2005 11 C. Indemnity of city. The territory to which such outside assistance is rendered shall assume liability for injuries or damage to person or property of others for which the city might be liable, whether under the provisions of §§ 50-a, 50-b and 50-c of the General Municipal Law or otherwise. The Board of Fire Commissioners may, in its discretion, require such agreement, certificate of insurance or other form of indemnity as it may deem necessary or practicable as a condition precedent to the rendering of such outside assistance. D. Effect of provisions. Nothing herein contained shall be construed to create any obligation to render assistance outside the city, and the refusal or failure to render such assistance shall create no liability on the city or any of its boards, officers or employees. Nothing herein contained shall operate to affect or modify any contract for fire protection heretofore or hereafter entered into between the city and any other municipal corporation or territory. § 181-5. Penalties for offenses. The violation of any provision of this article shall be punishable as prescribed in Chapter 1, General Provisions, Article I, Penalties, of this Code. ARTICLE II, Fire Prevention Code § 181-6. Adoption of standards. Applicable Law. There is hereby adopted by the Common Council of the City of Ithaca of the County of Tompkins and State of New York, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that version of a certain code in effect on October 31, 1987, known as "Chapter C," entitled "Fire Prevention," of the New York State Uniform Fire Prevention and Building Code and the version of the accompanying standards of the code in effect on October 31, 1987, the provisions of which shall be controlling within the limits of the City of Ithaca and shall apply regardless of the date of construction of any such building affected thereby. The law governing fire prevention and safety in the City of Ithaca is contained in Article 18 of the New York Executive Law and its accompanying regulations codified in Title 19 of the Official Compilation of the Codes, Rules, and Regulations of the State of New York (19 NYCRR Part 1201), and specifically the Fire Code of New York State. § 181-7. Code enforcement official; inspectors. A. Enforcement. Pursuant to Section 381 of the New York Executive Law the City of Ithaca shall be the entity responsible for enforcement of the Fire Code of New York State within the City of Ithaca. This Article provides for the enforcement and administration of the Fire Code. A.B. Code enforcement official. The Chief of the Fire Department or the Chief's designee shall be considered the code enforcement official for Chapter C, entitled "Fire Prevention," of the New York State Uniform Fire Prevention and Building Code. the Fire Code of New York State within the City of Ithaca. B.C. Inspections. Inspectors for the purpose of inspection of buildings or premises and ascertaining and causing to be corrected any violations of this the Fire Code of New York State shall be the career Fire Department officers or members so designated by the Chief of the Fire Department. C. Appearance tickets. The Chief of the Fire Department and/or the Chief's designees shall have the authority, as provided by Municipal Home Rule Law § 10, Subdivision 4(a), to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law to enforce any statute, local law, ordinance, rule or regulation relating to fire prevention and/or safety. § 181-8. Bureau of Fire Prevention. A. Authority of Fire Chief. The Fire Chief shall be in charge of the Bureau of Fire Prevention; and, for the purpose of this article and for the purposes of the Fire Prevention Code of New York State, he/she shall be the Bureau of Fire Prevention. B. Inspectors. The Chief of the Fire Department may detail designate such members of the Fire Department as inspectors as shall from time to time be necessary. Common Council Meeting Minutes May 4, 2005 12 C. Report to Mayor. A report of the Bureau of Fire Prevention shall be made annually and transmitted submitted to the Mayor. It shall contain all enforcement actions proceedings under this code the Fire Code of New York State, with such statistics as the Chief of the Fire Department may wish deem necessary to include therein. The Chief of the Fire Department shall may also recommend any amendments to the code which, in the Chief's judgment, this article as he/she may deem to be are desirable. § 181-9. Permits for certain uses and materials; fees. A. A permit issued by the Chief of the Fire Department shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. B. Before a permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned. C. All applications for a permit required by this code shall be made to the office of the Fire Chief in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Fire Chief. D. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca Fire Inspector. E. The following permits are required: (1) Bowling establishments. A permit shall be required for bowling pin refinishing and bowling lane resurfacing operations involving the use of and application of flammable or combustible liquids or materials. (2) Cellulose nitrate plastics (pyroxylin). (a) All retailers, jobbers and wholesalers storing or handling more than 25 pounds of cellulose nitrate plastics (pyroxylin) shall obtain a permit. (b) A permit shall be required for the manufacture of articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. (3) Combustible fibers. A permit shall be required for the storage and handling of combustible fibers in quantities in excess of 100 cubic feet. (4) Gases. A permit shall be required for the storage, handling or use at normal temperatures and pressures of more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas, including liquefied, low- temperature or cryogenic gases. (5) Dry-cleaning plants. A permit shall be required prescribing the system classification to be used. No change shall be made in the solvent used in the equipment to a solvent in a more hazardous class unless permission for such change shall first have been obtained from the Fire Chief. The use of solvents with a flash point below that for which a machine is designed shall be prohibited. (6) Prevention of dust explosions. A permit shall be obtained for the operation of any grain elevator; flour, starch or feed mill; or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar or other material producing dust. (7) Explosives, ammunition and blasting agents. (a) Permits shall be obtained to: [1] Manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents or small arms ammunition. [2] Transport explosives or blasting agents. [3] Use explosives or blasting agents. [4] Operate a terminal for handling explosives or blasting agents. [5] Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise. [6] Transport blasting caps or electric blasting caps on the same vehicle with explosives. (b) Permits shall not be issued for: [1] Liquid nitroglycerin. Common Council Meeting Minutes May 4, 2005 13 [2] Dynamite (except gelatin dynamite) containing over 60% of liquid explosive ingredient. [3] Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage. [4] Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds net weight in one package. [5] Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden. [6] Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or their use more hazardous, when subjected to 48 consecutive hours or less at a temperature of 167° F. [7] New explosives until approved by the United States Department of Transportation, except that permits are permitted to be issued to educational, governmental or industrial laboratories for instructional or research purposes. [8] Explosives condemned by the United States Department of Transportation. [9] Explosives not packed or marked in accordance with the requirements of the Department of Transportation. [10] Explosives containing an ammonium salt and a chlorate. (c) Nothing in this Subsection E(7) shall be construed as applying to: [1] The transportation of explosive materials when under the jurisdiction of and in compliance with the regulations of the Hazardous Materials Regulation Board of the United States Department of Transportation (DOT). It shall, however, apply to municipal supervision as to compliance with federal regulations within the jurisdiction of a municipality. [2] The transportation and use of military explosives by federal and state military departments nor to the transportation and use of explosive materials by federal, state and municipal governmental departments while in the normal and emergency performance of their duties. [3] The manufacture, under the regulations of the Department of Defense, of explosive materials for or their distribution to or storage or possession by the military or naval services or other agencies of the United States or to arsenals, navy yards, depots or other establishments owned by or operated by or on behalf of the United States. [4] Pyrotechnics commonly known as "fireworks." [5] The use of explosive materials in medicines and medicinal agents in the forms prescribed by the United States Pharmacopeia or the National Formulary. [6] The possession, transportation and use of small arms ammunition or special industrial explosive devices for personal use. [7] The possession, storage, transportation and use of not more than 20 pounds of smokeless propellant, 10,000 small arms primers and five pounds of black powder propellant for handloading of small arms ammunition for personal use. (8) Manufacture, sale and discharge of fireworks. (a) A permit shall be obtained from the Fire Chief for the manufacture and storage of fireworks. The Fire Chief may restrict the quantity of fireworks that can be manufactured or stored. (b) The Fire Chief may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fire associations or groups of individuals. (c) Such permits can be granted upon application to the Fire Chief and after approval of the Chief of Police. Applications for permits shall be made, in writing, at least 30 days in advance of the date of the display. No permit granted shall be transferable. (9) Application of flammable finishes. A permit shall be obtained for spraying or dipping operations utilizing on any working day more than one gallon of flammable or combustible liquids. Requirement shall be as set forth in NFPA 33, 1979. (10) Flammable and combustible liquids. A permit shall be required for: (a) Storage, handling or use of Class I liquids in excess of 10 gallons inside of any building or in excess of 10 gallons outside of any building, as set forth in NFPA 31, 1979 the Fire Code of New York State, except that no permit shall be required for the following: [1] For the storage or use of flammable or combustible liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant. Common Council Meeting Minutes May 4, 2005 14 [2] For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. (b) Storage, handling or use of Class II or III liquids in excess of 25 gallons in a building or in excess of 60 gallons outside a building, except for fuel oil used in connection with oil-burning equipment. (c) Manufacturing, processing, blending or refining of flammable or combustible liquids. (d) Storage of flammable or combustible liquids in stationary tanks. (e) Abandonment or removal of above- or underground tanks. (f) Bulk storage facilities. (11) Tank vehicles for flammable and combustible liquids. No person shall engage in the business of delivering flammable or combustible liquids from tank vehicles without a permit. (12) Fruit-ripening processes. A permit shall be required for any fruit-ripening process involving the use of ethylene gas. (13) Fumigation and thermal insecticidal fogging. A permit shall be required for any person performing any fumigation or thermal insecticidal fogging which is dangerous, noxious or poisonous to the life or health of human beings or which constitutes a fire hazard. All persons actually engaged in the work shall require a fumigation or thermal insecticidal fogging (operation) permit. (14) Garages and repair stations. A permit shall be required for any person using any building, shed or enclosure as a place of business for the purpose of servicing or repairing any motor vehicle therein. (15) Hazardous chemicals. (a) A permit shall be required for the storage or handling of more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 500 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixture; or any amount of highly toxic material or poisonous gas. (b) A permit shall be required for the storage or handling at any installation of radioactive materials having a radioactivity greater than one microcurie or any amount of radioactive material for which a specific license from the United States Nuclear Regulatory Commission is required so as to be reasonably safe to persons and property. A specific license for the radioactive material obtained from the United States Nuclear Regulatory Commission shall be evidence that such license represents reasonable procedure for safety to persons and property. (c) Reports. [1] Before authorizing the issuance of any permit, the Chief of the Bureau of Fire Prevention is permitted to require the applicant to submit, in writing, one or more of the following: [a] A report from an approved testing laboratory for the physical and chemical properties of the chemical in question whenever such properties are not readily available in published reference or from other recognized sources. [b] Evidence that the amount of manufacture, processing, storage, use or transportation of the hazardous chemicals in question is in accordance with nationally recognized safe practices and that no undue hazard to life or property is involved. [c] The qualification, experience and knowledge of the person who is to supervise the operations involving the particular material. [2] Reports concerning materials or processes are permitted to be marked for the confidential information of the Chief of the Bureau of Fire Prevention, who shall use the data contained therein to evaluate the fire and explosion hazard. (16) Liquefied petroleum gases. (a) A permit shall be obtained for: [1] Each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity. [2] Each temporary or permanent installation of liquefied petroleum gas, irrespective of the size of the containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include but not be limited to schools, churches, health-care occupancies, hotels and restaurants, each having a capacity of 20 or more persons. Common Council Meeting Minutes May 4, 2005 15 This section shall not apply to one- or two-family dwellings utilizing appliances supplied, with a single cylinder not exceeding 20 pounds' capacity. (b) Where the nature of the adjoining occupancy, the proximity of adjacent buildings or unusual conditions indicate the need, the Chief of the Bureau of Fire Prevention may require the submittal of plans to the Bureau of Fire Prevention prior to making the installation; and if compliance with the requirements of this code is shown by said plans, a permit shall be issued. (c) Installers shall report all installations for which a permit is not required, not including installations of gas-burning appliances but including heater-container units, and have them available for inspection by the Bureau of Fire Prevention. (17) Lumberyards and woodworking plants. A permit shall be required for the storage of lumber exceeding 100,000 board feet. (18) Magnesium. A permit shall be obtained for the melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day. (19) Oil-burning equipment. A signed permit shall be required for the initial installation of an oil burner and a fuel oil tank used in connection therewith that is in excess of 25 gallons in a building or in excess of 60 gallons outside of a building. A separate permit shall be required for the replacement of either the oil burner or a fuel oil tank connected to an oil burner. (20) Manufacture of organic coating. A permit shall be required for any organic coating manufacturing operation making more than one gallon of an organic coating on any working day. (21) Ovens and furnaces. (a) No oven or furnace to which this code the Fire Code of New York State applies shall be operated without a permit from the Chief of the Bureau of Fire Prevention. (b) Application for a permit shall be accompanied by plans showing all essential details as to location, design, construction, controls and calculations for safe operation. The process and materials involved shall be fully described. Catalytic combustion systems utilized for the oxidation or combustion of the exhaust gases or vapors shall be described. (22) General precautions against fire. (a) Bonfires, recreational fires, and outdoor rubbish fires. No person shall kindle or maintain any bonfire, recreational fire or rubbish fire or authorize any such fire to be kindled or maintained without a permit or other proper authorization. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained a permit or other proper authorization. (b) Matches. No person shall manufacture matches without a permit. No person shall store matches exceeding in aggregate 25 cases of matches without a permit. (c) Storage or of readily combustible materials. [1] Permit required. No person shall store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber or cork or other similarly combustible material without a permit. [2] Storage requirements. Storage in buildings shall be orderly, shall not be within two feet of the ceiling, shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur and shall not be so located as to endanger exit from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly. (23) Welding or cutting, acetylene generators, calcium carbide and acetylene cylinder charging plants. (a) Permit required for welding or cutting. [1] A permit shall be required of each company, corporation, co-partnership or owner/operator performing welding or cutting operations, except as provided by the provisions of § 325-3. This permit shall not be required for each welding or cutting job location. The company, corporation, co-partnership or owner/operator shall notify the Bureau of Fire Prevention in advance where such work is done in response to an emergency call that does not allow time for the Bureau of Fire Prevention to issue the necessary permit. [Amended 8-5-1992 by L.L. No. 3-1992] [2] A permit shall not be required of any company, corporation, co-partnership or owner/operator: [a] Where the welding or cutting is performed in areas approved for the purpose; or Common Council Meeting Minutes May 4, 2005 16 [b] Having an approved permit system established for control of the fire hazards involved. [3] Application for a permit required by this article shall be made by the company, corporation, co-partnership or owner/operator performing the welding or cutting operation or by his/her duly authorized agent. [4] A permit for welding or cutting operations shall not be issued unless the individuals in charge of performing such operations are capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement. [5] Companies, corporations, co-partnerships and owner/operators required to have a permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Bureau of Fire Prevention. (b) Permit required for cylinder and container storage. A permit shall be required for the storage of cylinders or containers used in conjunction with welding or cutting operations when more than 2,000 cubic feet of flammable compressed gas, other than liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable compressed gas is stored. (c) Permit required for acetylene generators. No person shall operate an acetylene generator having a carbide capacity exceeding five pounds without a permit. (d) Permit required for storage of calcium carbide. A permit shall be required to store or keep calcium carbide in excess of 200 pounds. (24) Asphalt kettles. (a) A permit shall be required for asphalt kettles. Such permit shall be obtained prior to the issuance of any building permit for the construction or reconstruction of any roof and prior to operation of the kettle on the site. (b) A permit shall be obtained for each kettle to be used, even if more than one will be used at one site. (c) Regulations governing the operation and use of asphalt kettles shall be as specified in Part 1192 of the New York State Uniform Fire Prevention and Building Code, entitled "Flame Producing Devices," dated January 1, 1984. the Fire Code of New York State. (25) Areas of public assembly (Assembly Group A Occupancies). (a) The definition of an area of public assembly as set forth in 9 NYCRR 606.3(a)(13): "An area of public assembly includes a building or a portion of a building used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire fire area of which it is a part, and the means of egress therefrom" is hereby adopted. Definition. Areas of public assembly are those areas set forth as such and defined in the Uniform Fire Prevention and Building Code of New York State as “Assembly Group A Occupancies”. These assembly areas include buildings and portions of buildings used for gathering together fifty or more persons for purposes of amusement, athletics, civic purposes, dining, education, entertainment, or patriotic, political, recreational, religious, or other social purposes. Examples of such buildings include but are not limited to:- night clubs, restaurants, art galleries, bowling alleys, churches, community halls, funeral parlors, lecture halls, libraries, museums, passenger stations, skating rinks. (b) A permit shall be obtained from the Fire Chief, for the operation of an area of public assembly prior to such operation. (c) The Fire Chief may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring the submittal of plans and/or specifications for such space, and requiring the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of assembly. (d) Upon receipt of such application, the Fire Chief shall cause the area of public assembly to be inspected. Such inspection shall include measuring and calculating maximum occupancy load(s) for the space, and determining whether or not the space is in compliance with Subchapter C of the New York State Uniform Fire Prevention and Building Code, and of this Code the Uniform Fire Prevention and Building Code of New York State. Common Council Meeting Minutes May 4, 2005 17 (e) No permit for an area of public assembly shall be granted if, in the opinion of the Fire Chief, such space is not in compliance with Subchapter C of the New York State Uniform Fire Prevention and Building Code, and of this Code. the Uniform Fire Prevention and Building Code. (f) A permit for an area of public assembly shall be effective for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (g) A permit for an area of public assembly may be suspended or revoked if, in the opinion of the Fire Chief, there is a violation of Subchapter C the Fire Code of New York State resulting in immediate danger to the life or health of occupants thereof. (h) In the event that an on-premises inspection organization exists which may provide third-party inspection and certification of compliance, such fees as required for this section shall be adjusted to reflect the actual time spent by the Fire Department required to assure compliance with the intent of this part. (i) Fees for a permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181-9(F) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel, not to include travel time. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit. (26) Fire protective systems. (a) A permit shall be required to install or substantially repair a fire detection, alarm or fire suppression system as such is defined in the New York State Uniform Fire Prevention and Building Code. (b) The permit required in Subsection E(26) above shall be obtained from the Fire Prevention Bureau of the Ithaca Fire Department. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department. (c) Prior to the issuance of an installation permit, the Fire Prevention Bureau shall review said application along with the associated building permit to ensure compliance with applicable codes, rules and regulations. (d) Upon completion of installation or repair work, an applicant shall conduct an acceptance test of the full system, which test shall be observed by the Fire Prevention Bureau. The applicant shall provide the Fire Prevention Bureau with a system test record describing the system to be tested and its components. The test shall be conducted in accordance with the standards prescribed by the National Fire Protection Association or other appropriate standard-setting organization as determined by the Fire Prevention Bureau. If it is satisfied that the installation work meets the prescribed standards, the Fire Prevention Bureau shall certify the work as complete and satisfactory. (e) Fees. Fees for an installation or repair permit shall be established by the Fire Chief in accordance with § 181-9(F)(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. F. Permit fees. (1) The Fire Chief shall promulgate a permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. (2) Such schedule and any changes proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees. (3) The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. § 181-10. New materials, processes or occupancies. The Board of Fire Commissioners and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in this codethe Fire Code of New York State. The Fire Chief of his/her designee shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested persons. Common Council Meeting Minutes May 4, 2005 18 § 181-11. Board of Fire Appeals. The Board of Fire Appeals shall be appointed by the Mayor with the consent of the Common Council and shall be composed of five members who shall be selected on the basis of their interest in fire prevention. The Mayor may appoint not more than one Council member and one Fire Commissioner to serve on this Board. § 181-12. AAppeals.Variance Procedures. The procedure for seeking a variance or appealing any of the provisions of the Fire Code of New York State is governed by Title 19 NYCRR, Section 1205, titled “Variance Procedures” which procedure is administered by the Secretary of State. A. For those elements of this chapter or of Chapter C of the New York State Uniform Fire Prevention and Building Code that are addressed by the New York State Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified in Title 19 of the New York Codes, Rules and Regulations, Part 440, Uniform Code: Boards of Review of the Department of State Rules and Regulations for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, dated January 1, 1985. B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department shall refuse to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Fire Appeals Board within 30 days from the date of the decision. The Fire Appeals Board may affirm, modify or reverse any determination of the Chief of the Fire Department made pursuant to the provisions of this chapter. and/or the Fire Prevention Code. § 181-13. Fire limits. Fire limits of the City of Ithaca are hereby defined as follows: A. Fire limits A: those areas of the City which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1, except the northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels 100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). B. Fire Limits B: those areas of the City which are zoned Business B-2a, B-2c, B-2d, B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code). § 181-14. Storage of flammable liquids. A. Aboveground tanks. The limits referred to in the State Uniform Fire Prevention and Building Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: all portions of the city not described as the Industrial Zone in the Zoning Ordinance of the city. B. New bulk plants. The limits referred to in the State Uniform Fire Prevention and Building Code in which new bulk plants for flammable liquids are prohibited are hereby established as follows: all that portion of the city not described as the Industrial Zone in the Zoning Ordinance of the city and lying west of the east shore branch of the Lehigh Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the south. § 181-15. Storage of liquefied petroleum gases. The limits referred to in the State Uniform Fire Prevention and Building Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: all that portion of the city not described as the Industrial Zone in the Zoning Ordinance of the city and lying west of the east shore branch of the Lehigh Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the south. § 181-16. Lighting requirements in multiple residences and places of assembly. The owner, lessee, manager or other person in charge of any and every hotel, tenement house, apartment house, rooming house and all other buildings, while occupied as sleeping apartments or used as a public dance hall or meeting place, except one- and two-family private residences, shall, for the purpose of protecting life Common Council Meeting Minutes May 4, 2005 19 and property in the event of fire, maintain and keep lighted from sunset to sunrise at least one light on each floor near the main flight of stairs and such additional lights necessary to light the main or other stairs leading to floors occupied, as may be directed by the Chief of the Fire Department, and properly and adequately light all halls and corridors during the hours specified and at such other times as the natural illumination is not adequate for the safe use thereof, unless written permission is obtained from the Chief of the Fire Department to dispense with any lights so required. The location of any such lights at all times shall be in the discretion of the Chief of the Fire Department. All main entrances of such buildings, while so occupied, shall remain unlocked unless locked with a night-latch lock which does not lock from the inside. [Reserved] § 181-17. Lockboxes Key-boxes. Pursuant to §506 of the Fire Code of New York State the regulations pertaining to keyboxes shall be as follows:- A. A lockbox key-box for storing building keys shall be obtained and affixed on certain premises as described herein. Such lockbox key-box shall be as prescribed by the Fire Department and shall be obtained in the manner established by the Fire Department. B. Lockboxes Key-boxes shall be required for all new and existing buildings, other than one- or two-family dwellings, that have fire alarm and/or fire detection systems that are or will be interconnected with the Fire Department. Alarm system interconnects include but are not limited to municipal fire alarm, radio, telephone leased line, telephone dialer or central station systems. C. Lockboxes Key-boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Fire Department. § 181-18. Use of cooking and heating appliances. The use of solid- , liquid- or gaseous-fueled cooking or heating appliances in or on buildings or structures is hereby regulated as follows: the use of such appliances is prohibited on porches, roofs, exterior stairs, fire escapes, balconies and similar building structures or appurtenances where such use will result in exposure of the building or structure to fire, will impede means of egress or where such use will result in unstable or otherwise hazardous operation of such appliances.[Reserved] § 181-19. Hazardous materials. All costs incurred by the City of Ithaca as a result of operations of its respective departments in mitigating and/or recovering from a hazardous material spill, discharge, release or other eventuality requiring response and action by the city shall be recoverable by the City of Ithaca. Such costs shall be recoverable from the owner, agent, shipper or other party having responsibility for the material(s) causing the hazardous situation. For the purposes of this section, "hazardous materials" shall have the meaning provided for in Part 1174 of the New York State Uniform Fire Prevention and Building Code, dated January 1, 1984 the Uniform Fire Prevention and Building Code. § 181-20. Guard dogs. A. The owner and/or manager of any nonresidential premises using an unattended guard dog to provide security shall register with both the Police and Fire Departments. Such registration shall include the number and breed of dog(s) in use, the days and times such dog(s) is (are) unattended on the premises and the name(s) of the owner(s) and/or handler(s) and methods of contacting them. Additionally, the registration shall include a floor plan of the premises with dog patrol areas designated. B. The owner/manager of such premises shall file a release that shall indemnify the City of Ithaca from liability for harm or damage to the dog(s) or the premises caused by any act or omission on the part of the Police or Fire Department as a result of the presence of guard dogs on the premises. C. The owner/manager of such premises shall notify the Police and Fire Departments at such time as a guard dog(s) is (are) no longer employed at and is (are) removed from those premises. § 181-21. Fire alarm and detection systems. A. Installation requirements. Common Council Meeting Minutes May 4, 2005 20 (1) Fire alarm and detection systems shall be installed as per the requirements of the New York State Uniform Fire Prevention and Building Code, dated January 1, 1984, and referenced standards therefrom. Uniform Fire Prevention and Building Code. (2) Fire alarm and detection systems shall be installed by or under the direct supervision of licensed electricians licensed by the City of Ithaca or by those demonstrating equivalent license reciprocity as provided for in this code. (3) The City Electrical Inspector shall, upon application by the installing electrician or the owner of the premises, make the rough-in inspection of such system as has been installed to ensure compliance with the provisions of the National Electrical Code (NFPA 70), 1987 Edition, as it applies to said system. (4) The Fire Department shall, upon application by the installing electrician or the owner of the premises, make the rough-in inspection of such system as has been installed to ensure compliance with the provisions of the New York State Uniform Fire Prevention and Building Code, dated January 1, 1984, and referenced standards therefrom. Uniform Fire Prevention and Building Code. (5) Following complete testing of the system by the installer, the installer shall cause a certification of system installation and operation to be executed prior to the Fire Department making observations of acceptance testing. This certification shall be made on forms provided by the Fire Department. (6) The Fire Department shall observe acceptance testing per the provisions of the Uniform Fire Prevention and Building Code, dated January 1, 1984, referenced standards. of New York State. B. System design. (1) All fire alarm and/or detection systems shall be provided with adequate zone reporting capacity to ensure rapid and efficient location of the source of the alarm by the Fire Department. During plan review, the Fire Department shall specify zone-reporting assignments for the proposed system. (2) Fire alarm and/or detection system control panels shall be capable of isolating each zone from the panel so that defective or impaired devices or systems causing alarms may be isolated and repaired without requiring the remainder of the system to be shut down. (3) Required Fire Department interconnects shall be provided by connection to the municipal alarm system, by installation of a radio transmitter alarm system, or for the purpose of compliance with Chapter 210, Housing Standards, of installation of a listed digital alarm communicator transmitter approved by the Fire Department. All other Fire Department interconnects must be approved by the Fire Department prior to installation. C. System operation. (1) Should a fire alarm/detection system cause numerous false alarms in such a way that the safety of the occupants, fire fighters or any other persons or property is imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm system until such time as the problem is resolved. During such time when any required system is disconnected, alternate protection shall be provided, as specified by the Fire Chief, or the building shall be vacated. (2) The owner/operator of any premises with a required fire alarm/detection system must notify the Fire Department whenever the system must be made inoperative for maintenance or repair. The Fire Department must be re-notified when the system is restored. In no event is a required system permitted to be rendered inoperative without alternative means of protection, acceptable to the Fire Department, being provided. § 181-22. Penalties for offenses. A. There shall be three categories of penalties for violations of the Municipal Fire Prevention Code or for violations within the City of Ithaca of those portions of the New York State Uniform Fire Prevention and Building Code, which pertain to firesafety or fire prevention. The categories shall be: (1) Violation with discretionary fines. Any person who shall violate any provision of the Municipal Fire Prevention or Safety Code or those portions of the New York State Uniform Fire Prevention and Building Code of New York State which apply to firesafety or fire prevention shall be guilty of a violation, as that is defined in Article 10 of the Penal Law. The maximum penalty shall be a fine of $250 $500 for each section of the code which is violated and for each day on which the violation exists. Each day on which a person continues to violate said code is considered a separate violation. Common Council Meeting Minutes May 4, 2005 21 (2) Violation with mandatory fine. Any person who shall violate or fail to comply with any order of the Fire Chief or the designated Fire Code enforcement officer shall be guilty of a violation, as that is defined in Article 10 of the Penal Law, punishable by a fine of not less than Two Hundred and Fifty ($250) for each day on which the violation exists and not more than $500 One Thousand Dollars ($1,000) for each day on which the violation exists or a sentence of imprisonment not to exceed 15 thirty (30) days. Each day on which a person continues to violate said order is considered a separate violation. (3) Misdemeanors. If injury occurs to any person or to property as the result of any violation of any provision of the Municipal Fire Prevention or Safety Code or those portions of the New York State Uniform Fire Prevention and Building Code which apply to firesafety or fire prevention, of the Fire Code of New York State or of any provision of this Chapter, the person who violated the said provisions of the code shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 for each separate violation of the code and for each day on which the violation exists and further punishable by imprisonment for not more than one year. Each day on which a person continues to violate the code is considered a separate violation. B. The imposition of a penalty for any violation of the fire codes shall not excuse the violation or permit it to continue, nor shall the imposition of a penalty prevent the enforced removal of prohibited conditions. § 181-23. Issuance of appearance tickets. [Added 1-3-2001 by L.L. No. 2-2001] The Chief of the Fire Department, the Deputy Chief, and other Fire Department personnel designated by the Chief of the Fire Department shall have the authority, as provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in accordance with Article 150 of the New York State Criminal Procedure Law, to enforce any statute, local law, or ordinance, rule, or regulation with regard to parking violations relating to fire prevention, public health and/or safety. Section 2 SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3 EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously An Ordinance to Amend Chapter 240 of the City of Ithaca Municipal Code Entitled “Noise” By Alderperson Mackesey: Seconded by Alderperson Whitmore ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 240-14 of the City of Ithaca Municipal Code is hereby amended to read as follows: §240-14. Permit Procedures for certain activities. Except as provided for in Section 157-8 of the City Code regarding the Ithaca Commons: A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection “D” of to this section. Common Council Meeting Minutes May 4, 2005 22 B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. to the next day, such person must secure a permit under pursuant to Subsection “D” of this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit under pursuant to Subsection “D” of this section. D. Applications shall be submitted to the Mayor’s Office at least 72 hours in advance of an event. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) EvidenceIf required by the party issuing the permit, proof that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to whom the application is being made to express his/her opposition to the granting of the permit. (7) Evidence that a copy of the application for the permit has been provided to the Chief of Police. E. The application shall be made to the Superintendent of Public Works, or his/her designee, in connection with construction work on public rights-of-way or in parks; to the Building Commissioner, or his/her designee, for all other construction projects; and to the Mayor, or his/her designee for any other events. The issuance of permits shall be discretionary and shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2. When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Any permit granted shall state that the permit only applies to this chapter, that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, ... he makes unreasonable noise." F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Building Commissioner and the Mayor, or their designees shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. G. The Superintendent of Public Works, the Building Commissioner and the Mayor or their designees shall provide the Chief of Police with a copy of any permit issued pursuant to this section. Common Council Meeting Minutes May 4, 2005 23 Section 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously An Ordinance to Amend Chapter 132 of the City of Ithaca Municipal Code Entitled “Assemblies and Parades” By Alderperson Mackesey: Seconded by Alderperson Whitmore ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 132-1 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 132-1. Definitions. [Amended 10-2-1985 by Ord. No. 85-13] As used in this chapter, the following terms shall have the meanings indicated. These definitions shall apply to any public street, sidewalk, or alley, except the Ithaca Commons, and designated parks. See Chapter 157 entitled “Commons” for provisions regarding the use of the Commons, or Chapter 336 entitled “Parks and Recreation” for provisions regarding the use of parks. MOTORCADE -- An organized procession containing 15 or more vehicles, except funeral processions., upon any public street, sidewalk or alley, except the Ithaca Commons. PARADE -- Any march or procession consisting of people, animals or vehicles, or a combination thereof, except funeral processions, upon any public street, sidewalk or alley, except upon the Ithaca Commons, which does not comply with normal and usual traffic regulations or controls. PUBLIC GATHERING OR ASSEMBLAGE -- The holding of any meeting of persons at any location within the city, except upon the Ithaca Commons, in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering or assemblage of 50 or more persons shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others. Section 2: Section 132-2 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 132-2. Permit required; failure to comply. A. It shall be unlawful for any person to conduct a public gathering or assemblage, or parade or motorcade in or upon any public street, sidewalk, alley, park or other public place in the city or to knowingly participate in any such public gathering or assemblage, parade or motorcade unless and until a permit to conduct such public gathering or assemblage, parade or motorcade has been obtained from the Chief of Police or his/her designee, who is hereby designated the permit officer. B. Failure or refusal to comply with any of the provisions of this chapter is a violation, provided that: (1) No person shall be convicted under this chapter of assembling, parading or participating in a motorcade without a permit except upon proof that an announcement was made in his/her presence by a person appearing to be Common Council Meeting Minutes May 4, 2005 24 authorized by the City of Ithaca, affording a reasonable opportunity to disperse said assembly, parade or motorcade. (2) No person shall be convicted under this chapter of assembling, parading or participating in a motorcade in violation of the terms of a permit except upon proof that an announcement was made in his/her presence by a person appearing to be authorized by the City of Ithaca, affording a reasonable opportunity to comply with the terms of the permit, and that a subsequent order was given in his/her presence affording a reasonable opportunity to disperse said assembly, parade or motorcade. Section 3. Section 132-5 A. (1) of the City of Ithaca Municipal Code shall be amended to read as follows: § 132-5. Permit application and issuance. A. Assembly permits. (1) An application for a public assembly permit shall be in writing and shall be made to the permit office either the Ithaca Police Department or the City Clerk’s Office at least five business days before the assembly is scheduled to be held. The form for the application shall include: (a) The date, hours and location at which the assembly is scheduled to be held. (b) The name, address and telephone number of the applicant or applicants and the name of the sponsoring organization, if any. (c) An estimate of the size of the assembly. (d) Whether or in what form police protection is required. (e) Plans to assure the public safety and order. Section 4. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously An Ordinance to Amend Chapter 342 of the City of Ithaca Municipal Code Entitled “Streets and Sidewalks” By Alderperson Mackesey: Seconded by Alderperson Coles ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 342-7 and 342-8 of the City of Ithaca Municipal Code are hereby amended to read as follows: § 342-7. Work requiring permit. No person shall do any of the following without first obtaining from the City Clerk Superintendent of Public Works or his/her authorized representative a written permit therefor: A. Construct, remove, replace or repair a sidewalk or driveway within the limits of any public street, highway or other public property. Common Council Meeting Minutes May 4, 2005 25 B. Open or cause to be opened, by cutting or excavating, the pavement or soil of any street, highway, sidewalk area or other public grounds. C. Obstruct, encumber or occupy in any manner, for any purpose whatsoever any public street, highway or sidewalk area.,except for parades or public gatherings and assemblages permitted by the Ithaca Police Department § 342-8. Permit application and fee. A. Forms. Any property owner or utility corporation desiring a permit as prescribed in § 342-7 shall make application therefor to the Superintendent upon forms provided for that purpose. B. Contents. Said application shall contain the names and addresses of the applicant and of the owner of the property in front of which or for whom the work is to be performed, the nature of the work to be done, the date or dates when the work is to be done, together with such necessary sketches and additional information as the Superintendent may require, and a signed statement by the applicant that said applicant agrees to perform the work for which the permit is granted strictly in accordance with the conditions of the permit, the provisions of the Charter and the Code of the city and the applicable rules and regulations of the Department of Public Works and that the city is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant or his/her servants or agents in connection with any of the work done under or in connection with said permit. C. Fee. No permit shall be issued until the applicant therefor shall have first paid to the City Clerk, in cash or by check payable to the city, a fee of $10, except for sidewalk permits, which shall be $5. Section 2. Section 342-38 of the City of Ithaca Municipal Code shall be amended to read as follows: § 342-38. Insurance requirements. [Amended 9-4-2002 by Ord. No. 2002-12] A. Type and amount. (1) No permit for street obstruction shall be issued by the Superintendent until the applicant therefor shall have first placed on file with the City Clerk, without cost to the City, satisfactory evidence of public liability insurance in the amount of not less than: (a) Commercial liability insurance: [1] Aggregate: $2,000,000. [2] Products/completed operations: $1,000,000. [3] Personal and advertising injury: $1,000,000. [4] Each occurrence: $1,000,000. [5] Fire damage (any one fire): $300,000. [6] Medical expenses (any one person): $5,000. Note: If the permittee is a contractor - specify on certificate that aggregate is specific to particular job alone. (b) Excess liability insurance: [1] Each occurrence: $5,000,000. [2] General aggregate: $5,000,000. (c) Automobile liability insurance: $1,000,000 each accident (including coverage for any auto, including hired and nonowned). Common Council Meeting Minutes May 4, 2005 26 (d) Workers compensation (if permittee has employees). (2) The City shall be named as an additional insured with respect to commercial general liability, excess liability and automobile liability. (3) Prior to granting a permit for street obstruction, said insurance must be approved as to form, correctness and adequacy by the City Attorney to insure the city against any loss, injury or damage arising out of the granting of the permit or from negligence or fault of said applicant or his/her agents, servants or employees in connection with said obstruction or with any work related thereto. B. Such insurance must remain in force throughout the effective period of the permit, as well as any authorized extensions thereof, and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the city of any modification or cancellation of any such insurance. C. Block parties and similar neighborhood gatherings, motorcades, parades, and public gatherings and assemblages for which a street obstruction permit has been granted, are exempt from the insurance requirements set forth in § 342-38A above. Street obstruction permits for block parties and similar neighborhood gatherings shall be issued only upon the condition that no alcohol is consumed in the public rights-of-way. Street obstruction permits for block parties and similar neighborhood gatherings must be approved by the Mayor and the Superintendent. Section 3. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously Request That Emerson Power Transmission And BorgWarner Inc. Provide Full Disclosure Of Records Of Toxic Substances Used And Of All Chemical Spills In And Around The Plant - Resolution By Alderperson Mackesey: Seconded by Alderperson Coles WHEREAS, in 1987 high levels of TCE (trichloroethene), PERC (tetrachloroethene) and other chemicals were found to have leaked into the soil and the ground water from the property owned at present by Emerson Power Transmission, and WHEREAS, the 1994 Record of Decision agreement between the New York State Department of Environmental Conservation and Emerson Power Transmission included a soil gas monitoring study that was not completed, and WHEREAS, ongoing testing indicates that the limited remediation undertaken in 1994 did not sufficiently reduce toxic concentrations in known affected areas, nor did it identify the plume of the entire affected area, and WHEREAS, contamination of indoor air by volatile chemicals such as TCE from contaminated soil and groundwater has emerged as a serious public health concern, and WHEREAS, residents adjoining the 90 acre Emerson Power Transmission site demanded a reactivation of this investigation because of concerns for their health and safety, and WHEREAS, in February 2005 the Department of Environmental Conservation reclassified this site from a Class 4 or “properly closed” designation to a Class 2 or “significant threat to the public health or the environment – action required” designation, and Common Council Meeting Minutes May 4, 2005 27 WHEREAS, on April 21, 2005, The New York State Assembly’s Committee on Environmental Conservation held a public hearing on this issue that underscored the need for swift remediation and cleanup, and WHEREAS, records indicate that other undetermined pollutants may have contaminated the Emerson Power Transmission site, and WHEREAS, the greatest concern of the City of Ithaca Common Council is the well- being and good health of residents, now therefore, be it RESOLVED, That the Common Council of the City of Ithaca strongly urges Emerson Power Transmission and the previous owner BorgWarner Inc., to provide the City and the appropriate State agencies, including the State Attorney General, a complete list of all possible toxic substances used or known to have been used in the plant, and be it further RESOLVED, That Emerson Power Transmission and BorgWarner Inc. provide both the State and the City of Ithaca a complete record of all possible spills that occurred on their property and where these toxic substances were disposed or placed on and off-site, and be it further RESOLVED, That a copy of this resolution be sent to Emerson Power Transmission, BorgWarner Inc., and the Attorney General of the State of New York, Eliot Spitzer. Carried Unanimously Alderperson Coles stated that this resolution and a letter from the Mayor will go out simultaneously. Alderperson Mackesey explained the reasons behind the resolution. South Hill residents have chemicals in their homes and on their properties, but the extent of the pollution and what chemicals have been spilled remains unknown. Alderperson Taylor thanked Joyce Muchan for spearheading this effort and for her services to the Rental Housing Advisory Commission. Alderperson Berry questioned whether Emerson is reimbursing residents for home testing. Alderperson Mackesey responded that the only residents that are being reimbursed are sites that have been selected by DEC. Alderperson Berry further stated that homeowners need more information on what they can and can’t do on their property. She also thanked Joyce Muchan. Alderperson Coles stated that Assemblywoman Barbara Lifton has found that no agency has provided a health inquiry or testing. PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE: Conceptual Agreement to Purchase Land for the Construction of a Parking Lot in the West End, to be Funded by the Establishment of a Tax Assessment District (TAD) - Resolution By Alderperson Tomlan: Seconded by Alderperson Mackesey WHEREAS, on several occasions City staff and elected officials have been meeting with merchants and property owners in the West End to discuss parking issues and concerns, and WHEREAS, after several meetings, including a June 16, 2004, Board of Public Works meeting, property and business owners agreed that there is a need to free up the City- owned lot at the corner of Fulton and Court Streets for short-term parking, and WHEREAS, property and business owners agreed that overnight storage of delivery vehicles and all-day parking for Finger Lakes Fabricating, Hearth and Home, Ithaca Bakery, and Verizon employees, currently parking in the City-owned lot on Fulton Street, will need to be accommodated off site, and Common Council Meeting Minutes May 4, 2005 28 WHEREAS, as a first step to free up the lot for patrons of nearby businesses, on November 3, 2004, the Board of Public Works agreed to direct the Department of Public Works to sign the lot for a three-hour parking maximum, from 9:00 a.m. until 9:00 p.m., Monday through Friday with the regulations for parking on Court and Esty Streets remaining unchanged, and WHEREAS, the three-hour limit and the 9:00 a.m. to 9:00 p.m. timeframe is to allow time enough for restaurant patrons to have a meal and for business patrons to complete their tasks, and should also discourage overnight parking, and WHEREAS, those businesses using the parking lot for long-term parking have agreed to remove their employee and delivery trucks out of the public lot, which will free up approximately 30 spaces, and WHEREAS, Verizon has offered to improve a strip of land for parking that is located between the Friends of the Library Building and 531 Esty Street (The Miller Building), known as Allen Street (owned by Seany), provided the needed approvals are granted, and WHEREAS, as the City’s West End continues to be redeveloped, parking demands will continue to increase, and WHEREAS, at present a 0.643 acre parcel, located at 404 Fulton Street in the City of Ithaca is being advertised for sale, and WHEREAS, preliminary designs indicate that the parcel can support approximately 60 parking spaces, and WHEREAS, an appraisal has been completed for this parcel, and WHEREAS, staff requests permission from Common Council to explore the concept of establishing a parking district in the West End, whereby property owners that benefit from the parking lot would be charged a special assessment to cover the capital and operating costs incurred by the city in the creation of the parking lot, and WHEREAS, area merchants and property owners have agreed in concept to this recommendation; now, therefore, be it RESOLVED, That the City of Ithaca Common Council agrees in concept to the purchase and improvement of land in the City's West End for a parking lot, to be funded by benefited property owners through a Tax Assessment District, and be it further RESOLVED, That the City of Ithaca Common Council directs staff to continue to work on the concept of a parking lot with property owners in the City's West End. Carried Unanimously CITY ADMINISTRATION COMMITTEE: Assigning Recreation Maintenance Supervisor to the Executive Unit - Resolution By Alderperson Berry: Seconded by Alderperson Whitmore WHEREAS, in 2004 the Recreation Facilities Director requested that the Maintenance Supervisor position at Cass Park be transferred to the Executive Unit, and WHEREAS, the reasons for the request were set forth as follows: a high level of independent decision making consistent with the Executive Unit; direct supervision over DPW staff requiring, in some instances, initiating disciplinary action resulting in a conflict of interest; position assists in the total operation of the facility; position serves as a second line supervisor; and overall community of interest with the Executive Unit, and WHEREAS, the City Human Resources Department has conducted an analysis utilizing the regulations covered under the Fair Labor Standards Act for determining coverage under such act and it has been determined that this position is exempt and should be appropriately assigned to the Executive Unit, and Common Council Meeting Minutes May 4, 2005 29 WHEREAS, the Maintenance Supervisor position title, as a result of the recent classification study, was changed to Recreation Maintenance Supervisor to more accurately reflect the work, now, therefore, be it RESOLVED, That Common Council hereby authorizes the change of the Maintenance Supervisor to Recreation Maintenance Supervisor on the 2005 Youth Bureau Personnel Roster, and, be it RESOLVED, That Common Council assigns the Recreation Maintenance Supervisor to the Executive Association, salary grade B. Carried Unanimously Amendment of Roster – Chamberlain’s Office - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, there is an opening in the City Chamberlain’s Office for a Customer Service Representative (35 hours), and WHEREAS, the Chamberlain’s Office would be better staffed with a Customer Service Representative (40 hours); now, therefore, be it RESOLVED, That the City Chamberlain’s Office Personnel Roster be amended as follows: Delete: One (1) Customer Service Representative (35 hours) Add: One (1) Customer Service Representative (40 hours) and be it further RESOLVED, That this Personnel Roster amendment is budget neutral. Carried Unanimously NEW BUSINESS: Designation of 2005 City of Ithaca Polling Locations – Resolution By Alderperson Whitmore: Seconded by Alderperson Mackesey RESOLVED, That the following locations be designated as City of Ithaca polling locations for the year 2005: 2005 CITY OF ITHACA POLLING LOCATIONS FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers II 798 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St SECOND WARD 1st District GIAC 300 W. Court St 2nd District Titus Towers II 798 S. Plain St 3rd District GIAC 300 W. Court St 4th District TC Public Library 101 E. Green St THIRD WARD 1st District Robert Purcell Comm. Ctr. Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St FOURTH WARD 1st District Class of '26 Hall 611 Stewart Ave 2nd District St. Lukes Lutheran Church 109 Oak Ave Common Council Meeting Minutes May 4, 2005 30 3rd District St. Lukes Lutheran Church 109 Oak Ave FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St 3rd District Robert Purcell Community Ctr Jessup Rd 4th District Fall Creek School 202 King St Carried Unanimously Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Ed Finegan and Robert Boothroyd be appointed to the Local Advisory Board of Assessment Review. Carried Unanimously Motion to Enter Into Executive Session to Discuss Collective Bargaining – Resolution: By Alderperson Cogan: Seconded by Alderperson Mackesey RESOLVED, That Common Council adjourn into Executive Session to discuss Collective bargaining. Carried Unanimously Alderperson Berry left the meeting at 9:15 p.m. Reconvene: Common Council reconvened into Regular Session with no formal action taken. CSEA Department of Public Works Unit Contract – Resolution By Alderperson Whitmore: Seconded by Alderperson Zumoff RESOLVED, That the agreement between the City of Ithaca and the CSEA Department of Public Works Unit for a four-year contract commencing January 1, 2004 and expiring December 31, 2007 be approved as recommended by the City’s negotiating team and that the Mayor be authorized to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously (8-0) INDIVIDUAL MEMBER – FILED RESOLUTIONS: Endorsing the US Mayors’ Climate Protection Agreement – Resolution: By Alderperson Taylor: Seconded by Alderperson Whitmore WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community’s most respected assemblage of scientists, is clear that there is no longer any credible doubt that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40% decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves, more frequent and greater concentrations of smog; and Common Council Meeting Minutes May 4, 2005 31 WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, entered into force in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world’s population, is responsible for producing approximately 25% of the world’s global warming pollutants yet is not a party to the Kyoto Protocol; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S., had it ratified the treaty, would have been 7% below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement (list attached) which reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the Kyoto Protocol target of reducing global warming pollution levels to 7% below 1990 levels by 2012, including efforts to: reduce the United States’ dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methan recovery for energy generation, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass the bipartisan Climate Stewardship Act sponsored by Senators McCain and Lieberman and Representatives Gilchrist and Olver, which would create a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 2. Adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle trails, commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, or example, investing in “green tags”, advocating for the development of renewable energy resources, and recovering landfill methane for energy production; Common Council Meeting Minutes May 4, 2005 32 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb CO2; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED that the U.S. Conference of Mayors endorses the US Mayors Climate Protection Agreement and urges mayors from around the nation to join this effort. BE IT FURTHER RESOLVED, The U.S. Conference of Mayors will establish a formal relationship with International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Program to track progress and implementation of the US Mayors Climate Protection Agreement. Carried Unanimously (8-0) MAYOR’S APPOINTMENTS: Bicycle Pedestrian Advisory Council: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Kenneth W. Mudge be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2005, and be it further Board of Zoning Appeals: RESOLVED, That William Olney be reappointed to the Board of Zoning Appeals with a term to expire December 31, 2007. Carried Unanimously (8-0) REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Townsend reported that the Shade Tree Advisory Committee had an Arbor Day Celebration at Thompson Park and planted two sugar maple trees. They also planted 250 bulbs in the traffic circle on Spencer/Albany Streets. The City of Ithaca won its 10th Growth Award from the Arbor Day Foundation. Mayor Peterson reported that the DEC sent accolades to Andy Hillman, City Forester, and the work done in the city. There will also be the annual plant sale taking place at Ithaca High School on Saturday, May 14, 2005 from 9:00 a.m. to 1:00 p.m. Alderperson Taylor reported that the Rental Housing Advisory Commission held a public forum at GIAC, which generated great input for the committee. Alderperson Tomlan reported that the Parks Commission’s Adopt-A-Park Program kick- off event would take place on Saturday, May 7, 2005 at DeWitt Park starting at 10:00 a.m. The event will include a self-guided tour/walking/biking/driving loop of the 24 parks and natural areas in the City. Alderperson Cogan reported on the Cable Access Oversight Committee and that it is developing user fees for people not living in the City of Ithaca/Cayuga Heights/Town of Ithaca and ways to keep the access studio open more. Mayor Peterson reported on the disc golf kick-off demonstration fundraiser for the Big Brothers/Big Sisters program that will take place at Stewart Park. Common Council Meeting Minutes May 4, 2005 33 REPORT OF CITY CONTROLLER: Controller Thayer reported on sales tax revenue: January – March revenue remained flat, but April rose to the projected amount due to sales from new development. The tentative assessment roll for the City has been received and includes an 11.5% increase, which means a 1.5 million dollar increase at the same tax rate. He reported that calculated costs for the Fall Creek flooding were approximately $36,000. At this point, he recommends no changes to the budget. New York State has passed its budget, which included a 12.75% increase in aid to the City in addition to $100,000 of supplemental aid, a total of $300,000 in New York State aid due to the City on or before December 15, 2005. A three-year financial plan is required to be submitted showing that property taxes were minimized, with employee staffing levels being maintained. He further reported that as a result of lowering the fund balance means low cash flow balances and that RAN approval may need to be implemented. Parking revenues have increased due to parking rate increases, but have not met budget projections. MINUTES FROM PREVIOUS MEETINGS: Approval of April 6, 2005 Common Council Meeting Minutes and April 11, 2005 Special Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Whitmore RESOLVED, That the April 6, 2005 Common Council Meeting Minutes be approved with noted corrections and be it further RESOLVED, That the April 11, 2005 Special Common Council Meeting Minutes be approved with noted corrections. Carried Unanimously (8-0) ADJOURNMENT: On a motion the meeting adjourned at 10:10 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor