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HomeMy WebLinkAboutMN-CC-2007-04-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. April 4, 2007 PRESENT: Mayor Peterson Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Community Development Director – Bohn Assistant Superintendent of Streets & Facilities – Ferrel Human Resources Director – Michell-Nunn Fire Chief – Wilbur Assistant Fire Chief - Parsons PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles requested the addition of Item 21.1 – Motion to Enter Into Executive Session to Discuss Contract Negotiations and Item 21.2 – Motion to Enter Into Executive Session to Discuss Current Litigation. No Council Member objected. Special Presentations: Mayor Peterson requested the addition of Item 5.1 – Presentation of the Collegetown Vision Statement. No Council Member objected. Environment and Neighborhood Quality Committee: Alderperson Korherr requested that Item 15.1 – Support for Federal Recognition and Funding for 2-1-1 in the 110th Congress – Resolution, and item 15.2 – Support for New York State Funding for 2-1-1 New York in the 2007 Budget – Resolution be moved to after Consent Agenda items. No Council Member objected. New Business: Alderperson Cogan requested the addition of the following items under New Business: 14.3 Viva Taqueria’s Alcohol Permit Request - Resolution 14.4 Ithaca Ale House Alcohol Permit Request – Resolution 14.5 Lost Dog Café Alcohol Permit Request – Resolution No Council Member objected. PROCLAMATIONS/AWARDS: There were no proclamations/awards presented at this meeting. SPECIAL ORDER OF BUSINESS: No items were submitted for the agenda for this meeting. April 4, 2007 2 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: Collegetown Vision Task Force - Report Alderperson Gelinas presented the Collegetown Vision Statement document and stated that the work of the Task Force is nearly complete. He explained that the Task Force was convened in April 2006 by Mayor Peterson and was comprised of landlords, merchants, students, residents, and representatives from Cornell University and the City of Ithaca. He explained that the Task Force conducted a SWOT analysis of the Collegetown area (identifying strengths, weaknesses, opportunities, threats) and studied topics including: business, housing and residential neighborhoods, circulation and parking, cultural experience, and urban design. He further stated that the final report would be referred to the Planning and Economic Development Committee for consideration, and to Common Council by May or June of 2007. He expressed his thanks to Historic Preservation and Neighborhood Planner Leslie Chatterton for her time and commitment to the Task Force and the Vision Statement. Alderpersons Tomlan and Townsend expressed their thanks to Alderperson Gelinas for his hard work and leadership on this project. Tompkins County Legislature Report Richard Booth, 3rd District Legislator, reported to Common Council on the following items: Ten communication towers have been built and will be online later this year. This was a $20 million project that will improve radio communications for emergency responders throughout the County. The County has conducted three public forums to discuss the proposed 2008 budget. At a recent retreat, the County Legislature worked to establish the overall budget goals. The County is considering giving pieces of County owned roadways to the towns in exchange for specific pieces of Town roadways. The Sustainability Committee has issued a report on how to improve energy efficiency in County buildings and the County’s fleet vehicles. The County is analyzing the State Budget and its impact on the County. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Neil Oolie, City of Ithaca, addressed Council regarding a petition calling for the County to endorse an action that calls for State officials to start articles and charges calling for the impeachment of President Bush. William Meyer, City of Ithaca, addressed Council regarding the September 11, 2001 terrorist attacks on World Trade Center Building 7. Joel Harlan, Town of Newfield, addressed Council in support of the impeachment of President Bush; the Collegetown Vision Task Force, support for Judge Olds, and snow removal on sidewalks concerns. The following people addressed Council in support of the proposed resolution regarding immigration enforcement: Alan Ra, City of Ithaca Nathan Mullenax, City of Ithaca – also submitted a petition in support of the resolution with 175 signatures to Common Council. Kay Sweeney, City of Ithaca Akua Gyamerah, City of Ithaca Alan Gomez, City of Ithaca Marlene Ramos, Tompkins County Worker Center Maria Bruno, City of Ithaca Bharna Devani, City of Ithaca April 4, 2007 3 Danny Burns, City of Ithaca Nathan Shinagawa, City of Ithaca Mr. Shinagawa also addressed the following items: City/County collaboration on the development of rapid response centers and resources. Lakeside Nursing Home will be closed and the County is working to draft a resolution to ask NYS for funding for education and expansion of benefits for Home Health Aides. He requested the City’s support in this effort. He further voiced his disappointment in the Ithaca Journal (Gannett Corporation’s) decision that funeral arrangements and death notices will not be published unless they are paid for. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson thanked all the members of the audience for coming to the meeting and noted that it was nice to see such a diverse group come out to share their thoughts. Alderperson Coles thanked the speakers for their comments. Alderperson Clairborne thanked the speakers for their thoughts and responded to comments made regarding death notices in the Ithaca Journal. He encouraged Common Council to research this issue and act accordingly. He noted that the cost for a family obituary in the Ithaca Journal costs $350. He further urged people to speak out against the Ithaca City School District’s proposed $1 million dollar budget cuts as some of the targeted areas for reductions include diversity training and equity issues. He also thanked the community for their support to the McBean family during the recent death of Ernest McBean. Alderperson Berry responded to comments made regarding the impeachment of President Bush. She voiced her respect for Mr. McBean and noted how he impacted thousands of lives. She also voiced her pride in being an Ithacan due to the outpouring of support from the community. Alderperson Cogan thanked the speakers for sharing their knowledge of immigration and deportation issues. He stated that he would support a resolution to impeach President Bush. He announced that there would be a community meeting of the 5th Ward conducted by himself, Alderperson Korherr, and County Legislator Luz-Herrera on Thursday, April 5, 2007, from 7:30 p.m. to 9:00 p.m. at Fall Creek Elementary School. Alderperson Coles stated that she had been in touch with people in the community who are drafting a resolution regarding the impeachment of President Bush. Mayor Peterson stated that she was pleased to announce that hybrid TCAT buses have been put into operation. She further stated that the client committee for the Southwest Area Urban Neighborhood selection process is reviewing four developer proposals. Mayor Peterson explained the process for the appointment of the part-time City Judge position. She stated that a public meeting with a panel of experts on the court system was conducted this week, and candidate interviews will begin shortly. Public presentations will be made once the final candidates are selected. 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Request to Amend 2007 Police Department Budget - Resolution By Alderperson Zumoff: Seconded by Alderperson Clairborne WHEREAS, the Ithaca Police Department has been approved for a $10,000 grant from the New York State division of Criminal Justice Services, and WHEREAS, the grant funds will be used by the Police Department’s SWAT Team for the purchase of 20 simunition training weapons, and April 4, 2007 4 WHEREAS, the equipment will enhance the department’s ability to provide “force on force” training and improve the department’s reality situational training; now, therefore be it RESOLVED, That Common Council hereby amends the 2007 Police Department’s authorized budget as follows to account for the receipt of said New York State Grant: Increase Revenue Account A3120-3389-5022 State Aid SWAT $10,000 Increase Appropriations Account A3120-5225-5022 Other Equipment SWAT $10,000 Carried Unanimously 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Support for Federal Recognition and Funding for 2-1-1 in the 110th Congress - Resolution By Alderperson Townsend: Seconded by Alderperson Zumoff WHEREAS for almost 30 years, the Information and Referral Service of Ithaca and Tompkins County has provided community information, as well as referral to community services to thousands of citizens and organizations, and WHEREAS Information and Referral for Tompkins County (through its affiliations with 2- 1-1 New York and the national 2-1-1 Initiative, a collaboration of the Alliance of Information and Referral Systems and United Way of America) is an integral part of the 2-1-1 Finger Lakes Regional designation for delivery of 2-1-1 information services to the region, and WHEREAS the value of 2-1-1 Community Information Systems during disaster and in recovery periods in recent hurricanes and flooding has been proven, and WHEREAS 2-1-1 services are available to over 65% of the U.S. population; 212 active 2-1-1 systems cover all or part of 41 states (including 19 states with 100% coverage) plus Washington, DC and Puerto Rico, and WHEREAS planning, development, and implementation of 2-1-1 has been underway in New York State and the Finger Lakes Region since 1994, and WHEREAS the New York State government recognized the value of a state wide 2-1-1 system by providing funds for operation and continued development in fiscal year 2006, and WHEREAS the “Calling for 2-1-1 Act” (HR211, S211) has been introduced in the 110th Congress, and WHEREAS a robust and professional national system of 2-1-1 Call Centers is essential to the security and quality of life of the United States citizenry, now, therefore be it RESOLVED, That the Common Council of the City of Ithaca urges the 110th United States Congress to recognize the benefits of the national 2-1-1 initiative and to move forward on the “Calling for 2-1-1 Act” that authorizes $700 million over 6 years to ensure universal access to 2-1-1. Alderpersons Clairborne and Berry disclosed that they are members of the United Way Board of Directors. The City Clerk’s office was asked to forward this resolution to Federal representatives and the President of the United States. Alderperson Townsend explained that the State budget has been adopted with funding included for this project, and the Federal government should consider it as well. April 4, 2007 5 A vote on the Resolution resulted as follows: Carried Unanimously 15.2 Support for New York State Funding for 2-1-1 New York in the 2007 Budget – Resolution By Alderperson Townsend: Seconded by Alderperson Berry WHEREAS for almost 30 years, the Information and Referral Service of Ithaca and Tompkins County has provided community information, as well as referral to community services to thousands of citizens and organizations, and WHEREAS Information and Referral for Tompkins County (through its affiliations with the New York State Alliance of Information and Referral Systems and the United Way of New York State) is an integral part of the 2-1-1 Finger Lakes Regional designation for delivery of 2-1-1 information services to the region, and WHEREAS the value of 2-1-1 Community Information Systems during disaster and in recovery periods in recent hurricanes and flooding has been proven, and WHEREAS planning, development, and implementation of the 2-1-1 NY system has been underway in New York State and the Finger Lakes Region since 1994, and WHEREAS the New York State government recognized the value of a state wide 2-1-1 system by providing funds for operation and continued development in fiscal year 2006, and WHEREAS state funds requested for 2-1-1 operations and development have thus far not been included in budget deliberations for fiscal year 2007, and WHEREAS lack of continued state support will substantially cripple further development of a state wide 2-1-1 Information and Referral system, now, therefore be it RESOLVED, That the Common Council of the City of Ithaca urges the New York State Legislature and Governor to include $10.66 Million in fiscal year 2007 in support of operations and development of a state wide 2-1-1 Information and Referral system. Alderperson Townsend reiterated that the State budget was passed and it appears as if $10 million dollars was included in the budget for this project, but that has not been confirmed as of yet. The City Clerk’s office was asked to forward this resolution to State representatives and Governor Spitzer. A vote on the Resolution resulted as follows: Carried Unanimously 9. COMMUNICATIONS & EMERGENCY SERVICES COMMITTEE: No items were submitted for the agenda 10. PLANNING & ECONOMIC DEVELOPMNET COMMITTEE: 10.1 FY 2007 Action Plan, HUD Entitlement Grant Program – Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, since 2004 the City of Ithaca has been designated by the U.S. Department of Housing & Urban Development (“HUD”) to receive an annual formula grant award through the HUD Entitlement program, and WHEREAS, the Common Council designated the Ithaca Urban Renewal Agency (“IURA”) as the Lead Agency to develop and administer the Consolidated Plan to enable the City to receive HUD Entitlement program funding on an annual basis, and WHEREAS, on May 5, 2004, the Common Council adopted the 2004-2008 Consolidated Plan, identifying goals, objectives and strategies for use of HUD Entitlement program funding to address priority community development needs, and April 4, 2007 6 WHEREAS, on an annual basis, the City of Ithaca must submit an Action Plan to HUD at least 45 days prior to the beginning of the July 1st program year to be eligible to receive HUD Entitlement program funds, and WHEREAS, the annual Action Plan identifies a specific list of budgeted community development projects proposed to be undertaken with HUD Entitlement program funds, and WHEREAS, the City of Ithaca is eligible to receive the following allocations through the FY 2007 HUD Entitlement program: $ 836,114 CDBG (Community Development Block Grant) $ 533,839 HOME (Home Investment Partnerships Program) $1,369,953 Total, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the proposed FY 2007 Action Plan in accordance with the Citizen Participation Plan, including an initial public hearing held on January 25, 2007, to gain public input on formulation of the proposed Action Plan, and WHEREAS, on February 22, 2007, the IURA approved a proposed FY 2007 Action Plan, and WHEREAS, a second public hearing on the proposed FY 2007 Action Plan has been duly advertised and held on March 21, 2007, before the Planning & Economic Development Committee; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the IURA Proposed FY 2007 Action Plan, City of Ithaca, NY, dated 3/12/07, for allocating $1,369,953 of FY 2007 HUD Entitlement Grant funds, and be it further RESOLVED, That should the IURA determine that any of the proposed projects in the Action Plan encounter feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to the HUD submission deadline, the Common Council authorizes the IURA, upon approval by the Mayor and the Chair of the Planning & Economic Development Committee, to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted FY 2007 Action Plan, and be it further RESOLVED, That the Common Council authorizes the IURA to administer and implement the Action Plan activities in accordance with applicable regulations. Carried Unanimously 10.2 Required Training for Planning & Development Board and Board of Zoning Appeals Members – Resolution By Alderperson Tomlan: Seconded by Alderperson Seger WHEREAS, General City Law, Sections 27 and 81, provides that, effective January 1, 2007, all members of municipal planning boards and zoning boards of appeal in New York State, as well as any alternate members of those boards, must complete a minimum of four (4) hours of training each year, unless such requirement is waived by the affected municipality, and WHEREAS, the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if she or he has not completed the required training, and WHEREAS, the state legislature has imposed this requirement without providing any state funding to support to defray the individual or municipal costs associated with it, and April 4, 2007 7 WHEREAS, the above sections of state law provide that the legislative body of the involved municipality shall specify which activities qualify as training that satisfies the state requirements; now, therefore, be it RESOLVED, That the Common Council hereby determines that the requirement for annual training of the members of the City of Ithaca Planning & Development Board and Board of Zoning Appeals will enable those members to carry out their duties more effectively and will benefit those members, their boards and the residents of the City of Ithaca, and therefore should not be waived, except under the special circumstances set forth below, and be it further RESOLVED, That any new member of the Planning & Development Board or Board of Zoning Appeals appointed to fill the last four (4) months or less of a term shall not be required to have attended training in order to be reappointed to a first full term, but must thereafter comply with the annual training requirement as set forth herein, and be it further RESOLVED, That, effective January 1, 2008, all newly-appointed members of the Planning & Development Board and Board of Zoning Appeals shall complete at least two (2) hours of the required training within six (6) months of their appointment, and be it further RESOLVED, That the agencies, commissions, associations, universities, and others listed below are approved to provide training to members of the City of Ithaca Planning & Development Board and Board of Zoning Appeals, to meet the state requirements, when the training so provided pertains to municipal planning, zoning, land use, community design, environmental issues, legal issues, economic development, or local governmental functions and practices: 1) New York State: Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department of Environmental Conservation; Office of Parks, Recreation, and Historic Preservation; and 2) the New York Conference of Mayors and Municipal Officials, the New York State Association of Towns, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, and the Upstate New York Chapter of the American Planning Association and its sections; and 3) the Tompkins County Planning Department, Southern Tier East Regional Planning Development Board, Southern Tier Central Regional Planning and Development Board, Southern Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Central New York Regional Planning and Development Board; and 4) the City of Ithaca (through staff or consultants with training in any of the relevant areas); and 5) Cornell University and its cooperative extension, Cornell Law School, the Albany Law School Governmental Law Center and Institute for Legal Studies, Pace Law School, and 6) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, the Lincoln Institute of Land Use Policy and any of the institutions listed above, and be it further RESOLVED, That appropriate training opportunities offered by institutions or others not listed above may be approved on a case-by-case basis by the Mayor, upon the request of the chairperson of the Planning & Development Board or Board of Zoning Appeals (on behalf of any member of said board), and be it further RESOLVED, That, for any particular year, the Mayor is hereby authorized to require that up to two (2) hours of each member’s annual training requirement be satisfied by participation in training provided by or arranged by the City of Ithaca, and be it further April 4, 2007 8 RESOLVED, That training received by a member of the Planning & Development Board or Board of Zoning Appeals in excess of four (4) hours in any one year may be carried over by that member into a succeeding year (or years), and be it further RESOLVED, That the sum of $2,500.00 be transferred from unrestricted contingency to a new account to be established for the purpose of funding such training and any costs to the trainee that are reasonably associated with it, and be it further RESOLVED, That members of the Planning & Development Board and the Board of Zoning Appeals are encouraged to take full advantage of relevant training offered at no cost and/or locally, in order to reduce the cost to the City, and be it further RESOLVED, That a member of the Planning & Development Board or Board of Zoning Appeals who wishes to participate in a particular training opportunity shall complete and submit to the chairperson of the board, in advance of the training, a form which specifies the name of the provider and the date, location and topic of the training, together with a request for payment or reimbursement of any fees and associated costs (including mileage, parking, tolls) to be incurred; in addition, the member shall submit documentation of any such fees or costs paid directly by that member; the chairperson shall promptly remit such forms and documentation to the City Clerk for processing, and be it further RESOLVED, That in order to qualify for payment or reimbursement by the City, any training costing in excess of $50.00 per person (including mileage) shall require written approval, in advance of such training, by the chairperson of the board in question and by the Mayor, and be it further RESOLVED, That the City Clerk shall create and maintain a system of tracking the training individual members complete, and for presenting such information to the Mayor annually, and, in any case, prior to the end of the term of the individual in question, and be it further RESOLVED, That failure to comply with the requirements set forth herein shall not invalidate or otherwise affect the vote of any member of the Planning & Development Board or Board of Zoning Appeals, with regard to any matter before that board. Alderperson Tomlan explained that this training is a benefit to the operation of the respective Boards. Mayor Peterson stated that staff of the Planning and Building departments should track training as they have more contact with the board members than the City Clerk’s Office. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Coles RESOLVED, That the 12th Resolved Clause be amended to read as follows: “RESOLVED, That the Director of Planning & Development and the Building Commissioner shall create and maintain a system of tracking the training individual members of the Planning Board and Board of Zoning Appeals respectively complete, and for presenting such information to the Mayor annually, and, in any case, prior to the end of the term of the individual in question, and be it further” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11. CITY ADMINISTRATION COMMITTEE: 11.1 Reorganization of Building Systems Section within Streets and Facilities - Resolution By Alderperson Coles: Seconded by Alderperson Tomlan WHEREAS, the position of Building Maintenance and Solid Waste Supervisor was vacated in September, 2006 due to a retirement, and April 4, 2007 9 WHEREAS, management of parking operations and garage maintenance has required more than 50% of the Building Systems Section available time, and WHEREAS, the time dedicated to manage parking operations has resulted in deferring building maintenance, and WHEREAS, the Department of Public Works wishes to re-organize the Streets and Facilities Division to better manage both building maintenance and parking operations, and WHEREAS, funding is available in the 2007 Department operating budget to support the re-organization, now therefore be it RESOLVED, The current title of Building Maintenance and Solid Waste Supervisor have the job description modified to remove the duties of parking operations and garage maintenance, and be it further RESOLVED, That Common Council hereby amends the 2007 DPW Authorized Personnel Roster as follows: Delete: One (1) Assistant Building Systems Supervisor Add: One (1) Parking Operations Supervisor and, be it further RESOLVED, That a new title of Parking Operations Supervisor be established at salary Grade 2 of the Executive Association bargaining unit, and be it further RESOLVED, The employee holding the current title of Assistant Building Systems Supervisor be provisionally appointed to the newly authorized Parking Operations Supervisor title effective May 1, 2007 at a salary determined in accordance with the language of the Executive Association Agreement, and be it further RESOLVED, That vacant position of Building Maintenance and Solid Waste Supervisor be provisionally filled from a current list of candidates at Grade B of the Executive Association Agreement, and be it further RESOLVED, That funds for said roster amendment shall be derived within existing 2007 DPW Budgets, and be it further RESOLVED, That the City Controller shall be hereby directed to make all necessary budget adjustments and transfers for said roster reorganization. Carried 7-0 (Alderpersons Berry, Clairborne and Zumoff absent from vote) 11.2 Proposed City Resolution on the Need for Unemployment Insurance Reform - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, a strong unemployment insurance program maintains the standard of living of working families above the poverty line, boosts communities and empowers the redeployment of New York's work force into good jobs, and WHEREAS, New York's maximum weekly unemployment benefit has been frozen at $405 since 1998, leaving New York as 48th out of 50 states in protecting its workers against the financial impact of job loss, and WHEREAS, only 41% of the jobless receive benefits at all, leaving hundreds of thousands left out each year, and WHEREAS, many hundreds of hourly-paid employees of educational institutions in Tompkins County are unfairly denied any unemployment benefits during long periods of April 4, 2007 10 layoff between school terms, and WHEREAS, most other hourly-paid workers are eligible for unemployment benefits when temporarily laid off, including workers doing exactly the same jobs as hourly-paid employees of educational institutions, and WHEREAS, New York State Assembly Bill 3643 of 2006, cosponsored by Assembly member Barbara Lifton will be reintroduced in 2007 and states as its justification, "Service employees in schools, including cafeteria workers, bus drivers, and others are generally low wage workers. If they receive no salary during the vacation months they often experience financial hardship waiting for the school year to begin again."; now, therefore, be it RESOLVED, That the City of Ithaca calls on our State Legislators, the Governor and the Labor Commissioner to enact measures to bring significant reform to our unemployment insurance system, and be it further RESOLVED, That this reform should include a meaningful increase in the maximum benefit as well as an increase in the proportional benefit rate for lower wage workers, and be it further RESOLVED, That this reform should include elimination of the unfair denial of access to unemployment benefits for hourly paid employees of educational institutions, and some part-time agricultural workers, and be it further RESOLVED, That this reform should include expanded opportunities for jobless workers to complete job training programs to upgrade their skills, and be it further RESOLVED, That this reform provide improved access at all levels of the system to workers with limited English-speaking skills. Alderperson Coles explained that language has been added to this resolution to include benefits for part-time agricultural workers. Alderperson Tomlan explained that she had voted against the original resolution due to lack of information and has not conducted additional research to reverse her vote. The City Clerk was requested to forward copies of this resolution to Governor Spitzer, Assemblywoman Lifton, Senators Winner and Seward as well as other NYS representatives. A Vote on the Resolution resulted as follows: Ayes (9) Coles, Seger, Berry, Clairborne, Zumoff, Gelinas, Townsend, Korherr, Cogan Nays (1) Tomlan Carried 11.3 Statement on Immigration Enforcement - Resolution By Alderperson Townsend: Seconded by Alderperson Coles WHEREAS, reliable reports indicate a dramatic increase in enforcement of immigration laws in New York and elsewhere, and WHEREAS, those reports further indicate that such enforcement has created a climate of fear among New York's non-citizen population, and WHEREAS, as a result of such enforcement, immigrant families have been broken up, with parents forcibly separated from children, and in some cases, families forced to flee their homes and seek shelter wherever possible, and April 4, 2007 11 WHEREAS, deportations and incarcerations of such individuals have allegedly occurred with ruthless haste and without regard to basic human rights and due process protections, and WHEREAS, the State of New York and the City of Ithaca should not tolerate such tactics sometimes employed by the U.S. Immigration and Customs Enforcement Agency as described in some published reports, and WHEREAS, New York State has, at times, been a safe haven for those who are oppressed and beleaguered and has historically been the gateway for people from all parts of the globe who seek a better life for themselves and their families, and WHEREAS, individuals should know that they may seek and obtain the assistance of the Ithaca Police Department and all other City agencies regardless of personal or private attributes, without negative consequences to their personal lives; and WHEREAS, the Ithaca Police Department has traditionally not participated in actions against immigrants on the basis of specific residents' immigration status and has treated immigrants with the same respect as all other City residents; now, therefore, be it RESOLVED, That the City of Ithaca stands opposed to the allegedly overbearing and frightening activities sometimes employed by the U.S. Immigration and Customs Enforcement Agency against non-citizens, and be it further RESOLVED, That the City of Ithaca calls upon the Hon. Charles Schumer and Hon. Hillary Clinton, as well as the entire New York Congressional delegation, to take such measures as may be necessary to insure the humane and respectful treatment of such individuals and families within the State of New York, and, be it further RESOLVED, That the City of Ithaca calls upon Hon. Eliot Spitzer, Governor of the State of New York, to explore means and methods by which the State may assist non-citizens within New York deal with the effects of the newly stepped up enforcement of immigration laws, including a definition of the appropriate role of the state police in such instances, and, be it further RESOLVED, That recognizing its historic non-involvement in enforcement of immigration laws, the Ithaca Police Department is encouraged to continue this practice and is further requested to treat the enforcement of federal immigration laws as a function of federal law enforcement agencies, except when specifically requested to be involved in particularized suspicion of criminal activity other than the mere presence of an individual in the City of Ithaca; in the event of such a request regarding particularized suspicion of criminal activity other than the mere presence of an individual in the City of Ithaca, the Ithaca Police Department is encouraged to make every effort to maintain its standard to ensure humane, respectful and legally proper treatment of all involved, in accordance with the principles described herein; and, be it further RESOLVED, That Ithaca's City Clerk send copies of this resolution to Senators Charles Schumer and Hillary Clinton; to Congressmen Maurice Hinchey and Michael Arcuri; and to Governor Eliot Spitzer. Discussion followed on the floor with Council members voicing their support for this resolution and expressing their gratitude to the community for their involvement in this issue. Alderperson Tomlan stated that as a legislator she has great respect for the law and feels that laws should either be enforced or changed. She stated that she would support the call for a change in the Federal legislation, and wished it was included in the Resolution. A vote on the Resolution resulted as follows: Carried Unanimously April 4, 2007 12 11.4 Establishment of Account to Fund Required Training for Planning and Zoning Board Members - Resolution By Alderperson Coles: Seconded by Alderperson Tomlan WHEREAS, Common Council has established, by resolution adopted on April 4, 2007, that members of the City’s Planning and Development Board and the Board of Zoning Appeals must satisfy an annual training requirement, as set forth therein; now therefore be it RESOLVED, That a new operating account be established for the purpose of providing payment for such training when duly authorized; and be it further RESOLVED, That said account be funded in the amount of $2,500.00 for 2007, by transferring the sum of $2,500.00 from unrestricted contingency to said account. Carried Unanimously 11.5 An Ordinance to Amend Chapter 181, Sections 181-6 through 12 and 181-16 through17 and 181-21 and 22 of the City of Ithaca Municipal Code entitled: “Fire Prevention” By Alderperson Coles: Seconded by Alderperson Zumoff ORDINANCE NO. 07 – BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca as follows: Section 1: Section 181-6 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-6. Statutory provisions. 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). Section 2: Section 181-7 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 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 New York State Uniform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the Fire Code and the Property Maintenance Code of New York State B. Code enforcement official. The Chief of the Fire Department or the Chief's designee shall be considered the code enforcement official for the Fire Code and Property Maintenance Code of New York State within the City of Ithaca. Section 3: Section 181-8 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-8. Fire Prevention Bureau. A. The Fire Prevention Bureau is a division of the Ithaca Fire Department designated by the Chief of the Fire Department for the enforcement and administration of this article. B. Fire Marshal. The Fire Marshal shall be designated by the Chief of the Fire Department. The Fire Marshal shall be an employee and fire officer within the Ithaca Deleted: (19 NYCRR Part 1201 Deleted: , and specifically the Fire Code of New York State. Deleted: Fire Code Deleted: of New York State Deleted: . Deleted: ¶ Deleted: C.Inspections. Inspectors for the purpose of inspection of buildings or premises and ascertaining and causing to be corrected any violations of 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. Deleted: Bureau of Deleted: A Deleted: Authority of Fire Chief Deleted: Fire Chief April 4, 2007 13 Fire Department. The Fire Marshal shall be in charge of the Fire Prevention Bureau; and, for the purpose of this article, he/she shall be the Fire Chief’s designee as the Code Enforcement Official. C. Inspectors. The Chief of the Fire Department may designate such members of the Fire Department as inspectors as shall from time to time be necessary. Inspectors for the purpose of inspection of buildings or premises and ascertaining and causing to be corrected any violations of the Fire Code and Property Maintenance Code of New York State shall be the career Fire Department officers or members so designated by the Chief of the Fire Department. D. Report to Mayor. A report of the Fire Prevention Bureau shall be made annually and submitted to the Mayor. It shall contain all enforcement actions under the Uniform Code, with such statistics as the Chief of the Fire Department may deem necessary to include therein. The Chief of the Fire Department may also recommend any amendments to this article as he/she may deem to be desirable. Section 4: Section 181-9 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-9. Operating Permits for certain uses and materials; fees. A. An operating permit issued by the Chief of the Fire Department or the Fire Marshal 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. Any person who proposes to undertake any new activity or to operate any type of new building listed in this subdivision shall be required to obtain an Operating Permit prior to commencing such activity or operation. 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. The Fire Chief or the Fire Marshall shall, in his/her discretion, determine the appropriate duration of an issued permit. Unless otherwise specified in this chapter, no permit shall be valid for a period of more than one year. [Amended 8-3-2005 by Ord. No. 2005-16] B. Before an operating 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. [Amended 8-3-2005 by Ord. No. 2005-16] C. All applications for an operating permit required by this code shall be made to the office of the Fire Prevention Bureau in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the the Chief of the Fire Department or the Fire Marshal. [Amended 8-3-2005 by Ord. No. 2005-16] D. Operating 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. The Chief of the Fire Department and the Fire Marshal shall have the authority to revoke a duly issued permit prior to the expiration thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions of this chapter regarding said permit, or that the permit holder has violated the terms of the permit. [Amended 8-3-2005 by Ord. No. 2005-16] E. The following permits are required: (1) Explosives, ammunition and blasting agents. (a) An Operating Permit shall be obtained to: [1] Manufacture, possess, store, sell or otherwise dispose of explosives, or blasting agents. Deleted: Bureau of Deleted: and for the purposes of the Fire Code of New York State Deleted: Bureau of Fire Prevention Deleted: B Deleted: . Deleted: ¶ Deleted: C Deleted: Bureau of Fire Prevention Deleted: Fire Code Deleted: of New York State Deleted: his/her designee Deleted: Chief Deleted: Fire Chief Deleted: The Fire Chief Deleted: (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. Deleted: 7 Deleted: Permits Deleted: or small arms ammunition April 4, 2007 14 [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) An Operating Permit shall not be issued for: [1] Liquid nitroglycerin. [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(1) 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. Deleted: s Deleted: 7 April 4, 2007 15 [4] The use of explosive materials in medicines and medicinal agents in the forms prescribed by the United States Pharmacopeia or the National Formulary. (2) Manufacture, sale, storage, and discharge of fireworks. (a) An operating permit shall be obtained from the the Chief of the Fire Department or the Fire Marshal for the manufacture and storage of fireworks. The Chief of the Fire Department or the Fire Marshal may restrict the quantity of fireworks that can be manufactured or stored. (b) The Chief of the Fire Department or the Fire Marshal 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 Chief of the Fire Department or the Fire Marshal 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. (3) Pyrotechnic displays and devices. A permit shall be obtained for the use of pyrotechnic devices in areas of public assembly. The permit shall be valid for one day, and shall not be transferable to a different location. Applications for permits shall be made, in writing, at least 30 days in advance of the date of use. A demonstration of the pyrotechnic display and devices shall be witnessed by the Fire Department, prior to use before a public gathering. . (a) (4) Hazardous materials. An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1; (b) An operating 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) An operating permit shall be required for hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (c) Reports. [1] Before authorizing the issuance of any operating permit, the Chief of the Fire Department or the Fire Marshal 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. Formatted: Bullets and Numbering Deleted: [4]Pyrotechnics commonly known as "fireworks."¶ Deleted: 5 Deleted: [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.¶ Deleted: 8 Deleted: A permit Deleted: Fire Chief Deleted: Fire Chief Deleted: Deleted: Fire Chief Deleted: the Deleted: Fire Chief Deleted: ¶ (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.¶ (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 the Fire Code of New York State, except that no permit shall be required for the following:¶ [1]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.¶ [2]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.¶ Deleted: (11)Tank vehicles for flammable and combustible liquids. No person shall engage in the Deleted: (12)Fruit-ripening processes. A permit shall be required for any fruit-ripening process involving Deleted: (14)Garages and repair stations. A permit shall be required for any person using any building, shed Deleted: 15 Deleted: chemicals Deleted: ¶ (a) Deleted: A permit Deleted: shall be required for the storage or handling of more than 55 gallons of corrosive liquids; or more Deleted: (b)A permit Deleted: the Chief of the Bureau of Fire Prevention ... [4] ... [1] ... [5] ... [2] ... [3] April 4, 2007 16 [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 Fire Department or the Fire Marshal, who shall use the data contained therein to evaluate the fire and explosion hazard. (5) Liquefied petroleum gases. (a) An operating 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. 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 Fire Department or Fire Marshal may require the submittal of plans to the Fire Prevention Bureau prior to making the installation; and if compliance with the requirements of this code is shown by said plans, an operating permit shall be issued. (c) Installers shall report all installations for which an operating 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. (6) Lumberyards and woodworking plants. A permit shall be required for the storage of lumber exceeding 100,000 board feet. Deleted: the Chief of the Bureau of Fire Prevention Deleted: 16 Deleted: A permit Deleted: the Bureau of Fire Prevention Deleted: Bureau of Fire Prevention Deleted: a permit Deleted: a permit Deleted: 17 Deleted: (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.¶ Deleted: (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.¶ Deleted: (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.¶ Deleted: (21)Ovens and furnaces.¶ (a)No oven or furnace to which 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. April 4, 2007 17 (7) 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 an operating 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 an operating permit or other proper authorization. (b) Matches. No person shall manufacture matches without an operating permit. No person shall store matches exceeding in aggregate 25 cases of matches without an operating permit. (c) Storage 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 an operating 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. (8) Welding or cutting, acetylene generators, calcium carbide and acetylene cylinder charging plants. (a) Operating Permit required for welding or cutting. [1] An operating 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 Fire Chief or the Fire Marshal in advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit. [2] An operating 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 [b] Having an approved permit system established for control of the fire hazards involved. [3] Application for an operating 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] An operating 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 an operating permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Fire Prevention Bureau. Deleted: ¶ Deleted: 22 Deleted: a permit Deleted: a permit Deleted: a permit Deleted: a permit Deleted: a permit Deleted: 23 Deleted: A permit Deleted: the Bureau of Fire Prevention Deleted: for the Bureau of Fire Prevention Deleted: A permit Deleted: a permit Deleted: A permit Deleted: a permit Deleted: Bureau of Fire Prevention April 4, 2007 18 (b) Operating Permit required for cylinder and container storage. An operating 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) Operating Permit required for acetylene generators. No person shall operate an acetylene generator having a carbide capacity exceeding five pounds without an operating permit. (d) Operating Permit required for storage of calcium carbide. An operating permit shall be required to store or keep calcium carbide in excess of 200 pounds. (9) Asphalt kettles. (a) An operating 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) An operating 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 the Fire Code of New York State. (10) Areas of public assembly (Assembly Group A Occupancies). (a) Definition. Areas of public assembly are those areas set forth as such and defined in the Uniform Code as "Assembly Group A Occupancies." These assembly areas include buildings and portions of buildings used for gathering together 50 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: nightclubs, restaurants, art galleries, bowling alleys, churches, community halls, funeral parlors, lecture halls, libraries, museums, passenger stations, and skating rinks. (b) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of an area of public assembly prior to such operation. (c) The Chief of the Fire Department or the Fire Marshal 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 the Chief of the Fire Department or the Fire Marshal 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 the Uniform Fire Prevention and Building Code of New York State. (e) No permit for an area of public assembly shall be granted if, in the opinion of the the Chief of the Fire Department or the Fire Marshal, such space is not in compliance with the Uniform Fire Prevention and Building Code. (f) An operating 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) An operating permit for an area of public assembly may be suspended or revoked if, in the opinion of the the Chief of the Fire Department or the Fire Deleted: Permit Deleted: A permit Deleted: a permit Deleted: A permit Deleted: 24 Deleted: A permit Deleted: A permit Deleted: 25 Deleted: Fire Prevention and Building Deleted: of New York State Deleted: A permit Deleted: the Fire Chief Deleted: Fire Chief Deleted: Fire Chief Deleted: Fire Chief Deleted: A permit Deleted: A permit April 4, 2007 19 Marshal, there is a violation of the Fire Code or Property Maintenace 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 an operating permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181-9F 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. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit. (11) Fire protective systems. (a) An operating 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(11)(a) above shall be obtained from the the Chief of the Fire Department or the Fire Marshal. 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 Chief of the Fire Department or the Fire Marshal 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 Chief of the Fire Department or the Chief's designee. The applicant shall provide the the Chief of the Fire Department or the Chief's designee 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 the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal 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 § 181-9F(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. (12) Elevators (a) An operating permit shall be required to operate an existing, or install a new elevator or conveying system as defined by the New York State Uniform Fire Prevention and Building Code. A separate operating permit is required for each elevator or conveying system. (b) The operating permit required in Subsection E(12)(a) shall be obtained from the Chief of the Fire Department or the Fire Marshal. 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 operating permit, the Chief of the Fire Department or the Fire Marshal shall review said application along with the associated Formatted: Bullets and Numbering Deleted: Fire Chief Deleted: a permit Deleted: 26 Deleted: A permit Deleted: 26 Deleted: Fire Prevention Bureau of the Ithaca Fire Department Deleted: the Fire Prevention Bureau Deleted: Fire Prevention Bureau Deleted: Fire Prevention Bureau Deleted: Fire Prevention Bureau Deleted: the Fire Prevention Bureau April 4, 2007 20 inspection reports to ensure compliance with the applicable codes, rules, and regulations. (d) New Installations: Upon completion of the installation of a new elevator or conveying system, an applicant shall conduct an acceptance test of the elevator or conveying system. The acceptance test shall be witnessed by a qualified elevator inspector as defined in Subsection E(12)(f), and shall also be witnessed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief’s designee with a system test record that describes the system to be tested and its components. The acceptance test shall be conducted in accordance with the standards prescribed by the American Society of Mechanical Engineers (ASME) or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory. (e) Fees. Fees for an operating permit shall be established by the Fire Chief in accordance with § 181-9F(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) Qualified Elevator Inspector (QEI): Elevator Inspectors shall be required to provid a current certification from an ASME accredited organization to the Chief of the Fire Department or the Fire Marshal. The Chief of the Fire Department or the Fire Marshal shall maintain a list of QEI’s who are authorized to perform Periodic Inspections of Elevators in the City of Ithaca (g) Periodic Inspections: Periodic Inspections of Elevators or Conveying Systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be made by a qualified elevator inspector. Inspection reports shall be filed with Fire Department within 30 days of the inspection by the QEI. The owner of the building shall provide documentation to the Fire Department from an elevator service contractor that state the violations have been abated. (h) Periodic Tests: Periodic Tests of Elevators or Conveying Systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be witnessed by a Qualified Elevator Inspector. The building owner or the owner’s authorized agent shall have all tests required by the Uniform Code, made by persons qualified to perform such service in the presence of a Qualified Elevator Inspector authorized by the Chief of the Fire Department or the Fire Marshal . The qualified elevator inspector witnessing the periodic test shall not possess a financial interest with parties performing service or testing of the elevator or conveying system that is being tested. (i) Frequency of Inspection and Testing: The frequency of Inspection and Testing is determined by the New York State Uniform Fire Prevention and Building Code. (j) Expiration of Operating Permit: An operating permit for an elevator or conveying system shall be valid for a period no greater than 3 years. The Operating Permit will be automatically renewed upon a Fire Safety and Property Maintenance Inspection as required by §181-16. (k) Validity of Operating Permit: An operating permit for an elevator or conveying system shall be valid for 3 years provided that the elevator or conveying system is operated, maintained, tested, and inspected in accordance with the requirements of this article and the Uniform Code. (l) The operating permit issued by the Ithaca Fire Department, shall be posted in every passenger car, freight car, and elevator machine room for which the operating permit was issued. F. Permit fees. Deleted: Deleted: e April 4, 2007 21 (1) The Chief of the Fire Department or the Fire Marshal shall promulgate an operating 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. Section 5: Section 181-10 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-10. Reserved Section 6: Section 181-11 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-11. Board of Fire Appeals. [Amended 8-3-2005 by Ord. No. 2005-16] A. 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. 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 or the Fire Marshal shall refuse to grant an operating permit applied for, or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted, 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 or the Fire Marshal to the Board of Fire Appeals within 30 days from the date of the decision. The Board of Fire Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter. Section 7: Section 181-12 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-12. Variance procedures; appeals. A. 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, § 1205, titled "variance procedures," which procedure is administered by the Secretary of State. 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 or the Fire Marshal shall refuse to grant an operating 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 or the Fire Marshal 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 or the Fire Marshal made pursuant to the provisions of this chapter. Section 8: Deleted: Fire Chief Deleted: a permit Deleted: 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 the Fire Code of New York State. The Fire Chief or his/her designee shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested persons. Deleted: ¶ Deleted: the Chief of the Fire Department Deleted: a permit Deleted: the Chief Deleted: the Chief of the Fire Department Deleted: the Chief of the Fire Department Deleted: the Chief of the Fire Department Deleted: a permit Deleted: the Chief of the Fire Department Deleted: the Chief of the Fire Department April 4, 2007 22 Section 181-16 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-16. Fire Safety and Property Maintenance Inspections A. Inspections required. Fire safety and property maintenance inspections of buildings and structures as required by 19 NYCRR 1203 shall be performed by the Chief of the Fire Department or the Chief’s Designee at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures, which contain an area of public assembly, shall be performed at least once every twelve (12) months as required in §181-9 by the Fire Department. (2) Fire safety and property maintenance inspections of buildings or structures being occupied, as dormitories, shall be performed at least once every twelve (12) months. (a) The code enforcement officials of the Building Department shall perform fire safety and property maintenance inspections of Dormitories inspected per the requirements of Chapter 210. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision shall be performed at least once every thirty-six (36) months. (a) The code enforcement officials of the Building Department shall perform fire safety and property maintenance inspections of multiple dwellings inspected per the requirements of Chapter 210. (b) Buildings or Structures with Mixed Occupancies containing residential dwelling units and non-residential buildings, structures, uses and occupancies shall be inspected by the Fire Department, except those areas of the building or structure inspected per the requirements of Chapter 210 by the Building Department. (4) Fire safety and property maintenance inspections of all non-residential buildings, structures, uses and occupancies not included in paragraphs (1), (2), or (3) of this subdivision, shall be performed at least once every thirty-six (36) months by the Fire Department. B. Inspections permitted. In addition to the inspections required by part (A) of this subsection, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the code enforcement official at any time upon: (1) The request of the owner of the property to be inspected or an authorized agent of such owner; (2) The receipt by the code enforcement official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) The receipt by the code enforcement official of any other information, reasonably believed by the code enforcement official to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist. Nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. C. Fees (1) The Chief of the Fire Department or the Fire Marshal shall promulgate a fee schedule applicable to inspections required herein. Fees established in the fee Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering April 4, 2007 23 schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said inspections. (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 Section 9: Section 181-17 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-17. Key boxes. Pursuant to § 506 of the Fire Code of New York State, the regulations pertaining to key boxes shall be as follows: A. A key box for storing building keys shall be obtained and affixed on certain premises as described herein. Such key box shall be as prescribed by the Fire Department and shall be obtained in the manner established by the Fire Department. B. 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. Key boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Fire Department. D. The owner of a building required to have a key box shall provide two (2) identical copies of the key or keys required for entry into the building and associated tenant spaces. Keys within the key box shall be replaced at any time the locks of the building or tenant spaces are changed. The owner of the building shall contact the Fire Department to schedule any changes required of the contents of the key box. Section 10: Section 181-21 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 181-21. Fire alarm and detection systems. A. Installation requirements. (1) Fire alarm and detection systems shall be installed as per the requirements of the 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), the edition referenced in the Fire Code of New York State, 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 Uniform Code of New York State. (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 Formatted: Bullets and Numbering Deleted: (Reserved) Deleted: 1987 Edition, as it applies to said system Deleted: Fire Prevention and Building April 4, 2007 24 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 Code 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. Section 11: Section 181-22 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: § 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 Uniform Code of New York State 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 $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. (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 $250 for each day on which the violation exists and not more than $1,000 for each day on which the violation exists or a sentence of imprisonment not to exceed 30 days. Each day on which a person continues to violate said order is considered a separate violation. Deleted: Fire Prevention and Building Deleted: Fire Prevention and Building April 4, 2007 25 (3) Misdemeanors. If injury occurs to any person or to property as the result of any violation of any provision of the Fire Code of New York State or of any provision of this chapter, the person who violated the provisions 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. Severability If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining protions of this law. Section 12: Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Mayor Peterson thanked staff members from the Ithaca Fire Department, Building Department, and the City Attorney’s office for their hard work on this legislation. Carried Unanimously 12. ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE: 12.1 Support of Increased State Transit Operating Assistance Appropriation and Creation of Review Panel - Resolution By Alderperson Korherr: Seconded by Alderperson Cogan WHEREAS, Governor Spitzer’s 2007-2008 Executive Budget includes a proposed funding increase in State Transit Operating Assistance (STOA) Appropriations of $4.9 million for the Upstate Formula Group that includes TCAT (Tompkins Consolidated Area Transit), Inc. and Broome County Transit, and WHEREAS, this increase will help maintain Tompkins County’s outstanding public transportation system, which has experienced two consecutive years of record ridership, and WHEREAS, the Department of Transportation and the Department of Budget have undertaken an initiative to convene a panel of transit experts to develop a fair and equitable allocation of STOA based on performance measures, and WHEREAS, these performance measures will encourage all public transportation systems to achieve greater operational efficiencies and to better serve the riding public; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby supports the inclusion of a $4.9 million increase in State Transit Operating Assistance Appropriations for the Upstate Formula Group as contained in Governor Spitzer’s 2007-2008 Executive Budget, and be it further RESOLVED, That the City of Ithaca supports the creation of the aforementioned review panel to make recommendations for future STOA allocations that will be fair, equitable and based on performance measures, and be it further RESOLVED, That the City Clerk be authorized to send certified copies of this resolution to Michael F. Nozzolio, Senator, 54th District; James L. Seward, Senator, 51st District; George H. Winner, Senator, 53rd District; and Barbara Lifton, Assemblywoman, 125th District. April 4, 2007 26 Alderperson Zumoff disclosed that he and Alderperson Cogan are members of the TCAT Board. A Vote on the Resolution resulted as follows: Carried Unanimously 9-0 (Alderperson Tomlan absent from vote) 12.2 Update on Dog Park Environmental Review Alderperson Korherr explained that the City Attorney’s Office has been actively working on identifying sites for a permanent dog park. The areas being considered include a section of the Southwest Natural Area, the area south of Cherry Street, and the Festival Lands. An environmental review will need to be completed for each of the proposed sites. A list of parameters for environmental review has been developed and is available to the public through the FOIL process. The next step is to submit a list of these parameters to the dog group or interested parties to solicit feedback and input. This information would be referred to the Planning and Economic Development Committee for review. She further reported that the lawsuit brought against the City concerning this issue had been dismissed, as the petitioners did not have cause to bring the suit. She explained that the review and selection of a permanent site needs to be completed by July 2007. 12.3 Announcement of the 1st Annual Golden Shovel Award Alderperson Korherr explained the concept of the Golden Shovel Award and noted that it was part of the Pedestrian Advisory Committee’s (PAC) recommendations. This award would be given to people who work diligently to keep their sidewalks clear of ice and snow. She stated that the committee would like to see an award(s) presented annually at the May Common Council meeting. Residents would make nominations and a selection committee, with representation from each ward of the City, would review the nominations and select the award recipients. She explained that Historic Preservation and Neighborhood Planner Leslie Chatterton would be the repository for nominations, which could be submitted by mail or e-mail. Alderperson Tomlan asked whether criteria for the award had been established. Alderperson Townsend suggested that it would be helpful if an application/nomination form were created for people to use to submit their nominations so that there would be some uniformity of the nominations. 13. REPORT OF SPECIAL COMMITTEES: There were no reports from special committees at the meeting. 14. NEW BUSINESS: 14.1 Mahogany Grill Alcohol Permit Request - Resolution By Alderperson Cogan: Seconded by Alderperson Clairborne WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and consumption of alcohol, is desirable, and April 4, 2007 27 WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14.2 Taste of Thai Alcohol Permit Request - Resolution By Alderperson Cogan: Seconded by Alderperson Clairborne WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Taste of Thai Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14.3 Viva Taqueria’s Alcohol Permit Request By Alderperson Cogan Seconded by Alderperson Clairborne WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Viva Taqueria Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria April 4, 2007 28 Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14.4 Ithaca Ale House Alcohol Permit Request By Alderperson Cogan Seconded by Alderperson Clairborne WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 14.5 Lost Dog Café Alcohol Permit Request By Alderperson Cogan: Seconded by Alderperson Clairborne WHEREAS, the City Clerk has received a request to allow the Lost Dog Café to utilize certain areas along Cayuga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Lost Dog Café, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Lost Dog Café that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously April 4, 2007 29 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: Items 15.1 and 15.2 moved to after consent agenda item. 16. MAYOR’S APPOINTMENTS: 16.1 Appointment of City Representative to the Business Improvement District/Ithaca Downtown Partnership Board – Resolution: By Alderperson Cogan: Seconded by Alderperson Tomlan RESOLVED, That Joel Zumoff be appointed to the Business Improvement District/Ithaca Downtown Partnership Board with a term to expire December 31, 2007. Alderperson Berry stated that she would support this nomination but that she would like to see future appointments include a representative of the 2nd Ward as downtown is located in the 2nd Ward. Mayor Peterson stated that there are sub-committees of this Board that could use new members as well, if anyone is interested in serving on them. A Vote on the Resolution resulted as follows: Carried Unanimously 17. REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Berry stated that the Multicultural Resource Center (MRC) is celebrating its 20th year in service. There will be a joint meeting of the MRC and the GIAC Board on April 19, 2007 at 5:30 p.m. at GIAC. Alderperson Cogan reported that there will be a vacancy on the TCAT Board soon, and the Mayor would like to appoint a member of Common Council. He noted that he would be happy to talk to any members interested in the position to discuss the roles, responsibilities and expectations. Alderperson Clairborne reported that an award would be presented to Cassandra Nelson, GIAC Program Coordinator, in recognition of her upcoming retirement. Cassandra has worked at GIAC since 1981. 18. REPORT OF CITY CLERK: There was no report from the City Clerk 19. REPORT OF CITY CONTROLLER: City Controller Thayer reported to Common Council on the following items: The City will receive a revenue increase of 9.5%, ($224,000) in the 2007 New York State budget. This increase is the result of the City meeting one of the four indicators of fiscal distress. He noted that the City received less State aid than its peers per capita. City Controller Thayer further noted that the Shared Services Incentive Program entitles municipalities to be eligible for up to $200,000 in additional funding, and encouraged the City to continue its wok in this area. The City will receive $250,000 in 2005 State funding for the purchase of parking garage equipment. 2007 snow removal costs are slightly higher than normal. Overtime costs are approximately $150,000 over budget. Sales tax revenue is $65,000 short; but other revenues and expenses are on target at this point. There is a new requirement that NYS municipalities have to account for post- employment benefits. This requirement will become effective in 2008. This includes leave time, compensatory time, etc. The City will not have to fund this amount, but will have to show it as a liability. Alderperson Townsend left the meeting at 10:20 p.m. April 4, 2007 30 20. REPORT OF CITY ATTORNEY: There was no report of the City Attorney. 21. EXECUTIVE SESSION: Motion to Enter Into Executive Session – Resolution By Alderperson Gelinas: Seconded by Alderperson Cogan RESOLVED, That Common Council adjourn into Executive Session to discuss items involving contract negotiations and current litigation. Common Council reconvened in to Regular Session with the following actions taken in Executive Session: Approval of Chief Officer’s Unit Contract – Resolution By Alderperson Cogan: Seconded by Alderperson Gelinas RESOLVED, That Common Council approves the agreement between the City of Ithaca and the Chief Officers’ Unit for a five-year term commencing January 1, 2006 and expiring December 31, 2010 and, be it further RESOLVED, That the Mayor is authorized to execute the agreement on behalf of the City. Carried 9-0 (Alderperson Townsend absent from vote) Approval of Ithaca Paid Fire Fighter’s Association Contract - Resolution By Alderperson Cogan: Seconded by Alderperson Gelinas RESOLVED, That Common Council approves the agreement between the City of Ithaca and the Ithaca Paid Firefighters Association for a five-year term commencing January 1, 2006 and expiring December 31, 2010, and, be it further RESOLVED, That the Mayor is authorized to execute the agreement on behalf of the City. Carried 9-0 (Alderperson Townsend absent from vote) Approval of Settlement Between the City of Ithaca and D’Anjou/Townsend – Resolution: By Alderperson Cogan: Seconded by Alderperson Gelinas RESOLVED, That the Mayor be and hereby is authorized to approve the settlement in the D’Anjou/Townsend v. City of Ithaca, et al, lawsuit, as proposed by counsel for the City’s insurance carrier. Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Cogan Nays (2) Korherr, Clairborne Carried 7-2 (Alderperson Townsend absent from vote) 22. MINUTES FROM PREVIOUS MEETINGS: Approval of the March 7, 2007 Regular Common Council Meeting Minutes – Resolution By Alderperson Korherr: Seconded by Alderperson Berry RESOLVED, That the minutes of the March 7, 2007 Regular Common Council Meeting be approved with noted corrections. Carried 9-0 (Alderperson Townsend absent from vote) 23. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor Page 15: [1] Deleted Tom Parsons 1/8/2007 4:34:00 PM (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. (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 the Fire Code of New York State, except that no permit shall be required for the following: [1] 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. [2] 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. Page 15: [2] Deleted Tom Parsons 1/8/2007 3:30:00 PM (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 Page 15: [3] Deleted Tom Parsons 1/8/2007 3:30:00 PM (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. Page 15: [4] Deleted Tom Parsons 1/8/2007 3:30:00 PM (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. Page 15: [5] Deleted Tom Parsons 1/8/2007 4:14:00 PM 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.