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Home My WebLink AboutMN-GOV-2005-07-25 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting July 25, 2005 7:00 p.m. PRESENT: Chair Mackesey Alderpersons (2) Whitmore, Zumoff OTHERS PRESENT: City Attorney— Luster Information Management Specialist - Day Building Commissioner— Radke City Clerk— Holcomb Asst. Deputy Fire Chief— Parsons Excused (2) Taylor, Korherr ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderson Mackesey requested the addition of the following item: Advice of Council Session. No Committee member objected. Approval of the April 25, 2005 Minutes and May 2, 2005 Continuation of Meeting on May 2, 2005: By Alderperson Whitmore: Seconded by Alderperson Zumoff Resolved, That the Minutes of the April 25, and May 2, 2005 Continuation of meeting minutes be approved as published. Carried Unanimously Approval of the May 23, 2005 Minutes: By Alderperson Zumoff: Seconded by Alderperson Mackassey Resolved, That the minutes of the May 23, 2005 meeting be approved as published. Carried Unanimously An Ordinance to Amend the City of Ithaca Municipal code Chapter 210 Entitled "Housing Standards", section 43-F (3) to repeal that subsection. By Alderperson Whitmore: Seconded by Alderperson Zumoff WHEREAS, on January 29, 2003 Common Council adopted Ordinance 03-02 which added subsection (3) to Section 210-43 (D), that read as follows: "D. The fee for a certificate of compliance shall be based on the following: (3) Home owners wishing to procure a Certificate of Compliance for their house for purposes of selling the building will be assessed a service charge of$100 for a single family owner-occupied home and $150 for a two family owner-occupied dwelling. Fees for such service include filing fee, housing inspection fee, an electrical survey and a "defects removed" letter from the City's Electrical Inspection Bureau." and WHEREAS, Section 210-43(D) was later renumbered as Section 210-43(F) by Ordinance 03-12 and WHEREAS, this amended language has not been effective for the Building Department, and WHEREAS, This language was never formally incorporated in the City of Ithaca Municipal Code, now therefore ORDINANCE 05- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 210-43F(3) of the City of Ithaca Municipal Code entitled "Fee for a Certificate of Compliance" is hereby repealed in its entirety. Section 2: This Ordinance shall take effect immediately upon publication. Building Commissioner Radke addressed questions from the committee regarding the request to change the fee structure. She explained that the $100.00 fee was generally more than the services rendered, and she believes the hourly fee is more cost effective for the residents. A vote on the Ordinance resulted as follows: Carried Unanimously City Clerk's Office - Report City Clerk Holcomb reported on the City Clerks Office progress in 2005 as follows: • As of 1/1/05 a staff position was increased from 20 hours to 35 hours and the backlog of work has been completed • Staff support for the Board of Public Works has transitioned fully to the Superintendent's Office • The payroll grant project is completed except for proofing the film • The cemetery grant project is underway and should be completed by the end of the year • A major effort was completed in cleaning out the basement of City Hall and assisting various departments in destroying obsolete records. • A 2005-2006 records management grant application has been submitted for funding for the minor renovations to 3 rooms in the basement and the purchase of 28 flat file cabinets for Building Department records • The electronic document management system has been installed and Clerk staff is currently training on it • The City Clerk assisted in developing a training course and handbook for city staff and elected officials on local legislation; worked on updating the Residential Parking Permit System; worked on the development of a centralized permitting system for large scale events; worked on the revision of the Commons Legislation; was involved with emergency management incidents and the review and orientation of the Comprehensive Emergency Management Plan for city staff. An Ordinance to Amend Chapter 132 of the City of Ithaca Municipal Code Entitled "Assemblies and Parades" By Alderperson Whitmore: Seconded by Alderperson Zumoff ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 132-7 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 132-7. - - •• - - • - - • - •• - - . Special Event Permits Events requiring three or more of the following permits shall require a special event permit: Noise, Assembly and Parade, Street Closures, Vending, Alcohol, Use of Parks or City Property Special Event Permits shall be issued by the City Clerk's Office after review and approval by appropriate department personnel. The provisions set forth in the City of Ithaca Municipal Code for each permit shall remain in effect. The City Clerk is authorized to develop and publish an Information Guide and Special Event Permit Application that contain rules and regulations that are consistent with local, State, and Federal laws. Section 2. Section 132 —10 of the City of Ithaca Municipal Code is hereby amended to read as follows: 132-10. Revocation of permit. All conditions of the permit(s) issued shall be complied with. Any permit for a public gathering or assemblage, parade or motorcade, or special event issued pursuant to this chapter may be summarily revoked by the Chief of Police at any time when, by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the public or property requires such revocation or when the condition(s) of the permit have not been complied with. Notice of such action revoking a permit shall be hand -delivered or when time allows, delivered in writing, to the permittee by personal service or by certified mail. Section 3. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. City Clerk Holcomb addressed the proposed changes to the ordinance and explained that this legislation introduces the provision of Special Event Permits for large scale events. A vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181 Entitled "Fire Prevention", Section 181-9 (A), Article I Entitled "Firesafety", and Section 181-11 Entitled "Board of Fire Appeals" By Alderperson Zumoff: Seconded by Alderperson Whitmore ORDINANCE NO. 2005- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 181-9(A) of Chapter 181 of the City of Ithaca Municipal Code entitled "Fire Prevention" is hereby amended to read as follows: Chapter 181, FIRE PREVENTION ARTICLE I, Firesafety § 181-9. Permits for certain uses and materials; fees. A. A permit issued by the Chief of the Fire Department shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief or his/her designee shall, in their 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. B. Before a permit is issued, the Chief of the Fire Department or the Chiefs designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned. C. All applications for a permit required by this code shall be made to the office of the Fire Chief in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Fire Chief. D. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca Fire Inspector. The Fire Chief 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 the said permit, or that the permit holder has violated the terms of the permit. Section 2. Section 181-11 of Chapter 181 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 181-11. Board of Fire Appeals. "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 shall refuse to grant a permit applied for, or when the Chief 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 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 made pursuant to the provisions of this chapter." Section 3 SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4 EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Assistant Deputy Fire Chief Parsons addressed the committee regarding the proposed changes to the Ordinance and explained the provisions of various permits. A vote on the Ordinance resulted as follows: Carried Unanimously Advice of Counsel Session The Governance Committee entered into an Advice of Council Session at 7:45 p.m. Reconvene The meeting reconvened at 8:15 p.m. Discussion on Games of Chance Alderperson Zumoff discussed the rules of the games of chance held within the City Limits pursuant to current City legislation. The Hanger Theater Board of Trustees has in the past run raffles with formidable prizes. The City's legislation has not been updated since the New York State Racing and Wagering Regulations have been updated. City Attorney Luster agreed to review this matter and draft new language if appropriate. ADJOURNMENT: On a motion the meeting adjourned at 8:21 p.m. Cindie L. Day Pamela Mackesey Information Management Specialist Chair