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HomeMy WebLinkAboutMN-CC-1983-12-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 229 Regular Meeting 7 °30 P. M. December 7, 1983 PRESEN "T : Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Iloldsworth, Holman, Killeen, Ayers, Schlather, Schuler OTHERS PRESENT: City Controller - Spano Dep. Controller - Cafferillo City Attorney - Tavelli Dir., Planning & Development _ Van Cort Supt. of Public Works - Kinsella Building Commissioner - Hoard Personnel Administrator Best Police Chief - Herson Aldermen Elect - Peterson, Romanortiski Mayor Elect - Gutenberger C.D. representatives -- Goldwyn, Evans Fire Commissioners - Anderson, Teeter Supervisor, Town of Ithaca - Noel Desch Town of Ithaca Engineer - Larry Fabbroni City Clerk - Rundle I31 PLEDGE OF ALLEGIANCE: r`! Mayor Shaw led all present in the Pledge of Allegiance to the .:t. American flag. MINUTES: Alderman Schlather requested that the following correction be made to the minutes of the meeting of November 2, 7983: p. 9,. para. 7: "A vote on the Motion (not question) resulted as follows:" Resolution By Alderman Schlather: Seconded by Alderman Dennis RESOLVED, That the minutes of the November 2, 1983 meeting be approved as recorded, as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing -- Federal Revenue S1 -gyring Funds as they relate to the total 1984 Bud .Ret Resolution To Open Public Hearing By Alderman Clynes: Seconded by Alderman Dennis RESOLVED, That the Public Hearing to consider Federal Revenue Sharing Funds as they relate to the total 1984 Budget be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution To Close Public Hearin By _A l ale r -min Ho ldswo rth : Seconded RESOLVED, That the Public Hearing Funds as they relate to the total h� : \7 de rman (lo (E�nan to consider Federal Revenue Shar-ing 1981 Budget be closed. Carried Unanimously \� � � Inc appc�i rcd to spell; to 1110 I)CM' i n,k. Public hearing.- -To Review an Application by the City of Ithaca for Funding under the Jobs Bill. Progra-1 administered by the_Departrnent Of 110uS i n4,' And Urbarl I)eve lopment ( :1UD) Resolution To Open Public Ilearing Fly ,%lcle-rman -_Io ldswol-th : Seconded by Alderman Clynes RESOLVED, That the Public hearing to review an application by the City of Ithaca for funding under the Jobs Bill Program be opened. Carried Unanimously \� � � Inc appc�i rcd to spell; to 1110 I)CM' i n,k. ?3() -2- December 7, 1983 Resolution To Close Public Hearin,(T By Alderman Iloldsworth: Seconded by RESOLVED, That the Public hearing to City of Ithaca for funding under the Al de rman Sclitil c r. review an application by the Jobs Bill Program be closed. Carried Unanimously PETITIONS AND IIEAIUNGS OF PERSONS IIFFORE COUNC,II,: Possible Sale of Medical Building Margaret Feldman, 105 Cascadilla Park, addressed the Council, saying it had come to her attention that the Family Medical Service on State Street are attempting to buy that building. She requested that if the building is sold, the contract include a contract contingency that Nledicaire and Medicaid be accepted for the fee for those persons eligible for it. In light of more costs being shifted to the consumei she reported that it is causing a tremendous difficulty for older and disabled on Medi.cai_re. She asked that Council take that into account. TV Cable Rate Proposal Roger G. Keeney, Box 591, Ithaca, N.Y., representing Shot in the Dark, an organization which provides services for the blind, addressed the Council, in favor of a rate increase. He reported that American. Community Cablevision is currently helping his organization. in many ways and are spending great sums of money in equipment so they can receive a radio reading service which will be supplied. at no charge over and above the normal cable rates. College Zoning Resolution Chris J. Anagnost, 914 E. State Street, spoke to the Council concern- ing Items 2 and 3 of the Collegetown Zon-ing resolution which appear to be contradictory and asked for clarification. Dir. Var, Cart responded to Mr.. Anagnost, saying it was very unclear and will be corrected. TV Cable Rate Proposal Rex Van Gordon, 414 Cayuga Heights Rd., Pres., Challenge Industry, spoke to the Council in support of a rate increase and described the ways in which Challenge Industry has benefited. as a result of aid from American Community Cablevision. Burns Road r.o.w. Dan Peterson, 110 Dey Street, requested that the Council deny the Toren of Ithaca the use of Burns Road r.o.w., or at the minimum, acid a clause to a. resolution to the effect that the City expects in the future full cooperation from the Town in protecting 6 [Mile Creek. Ramada Inrl -- Changes in Design John Place, 107 W. Clinton Street, appeared before Council to restate the issues he had brought before the Council previously. fie spoke of the Council's lack of response to these issues and said he would like to see some form of action taken with regard to safety, noise, honesty, outside elevator balcony and the bar at the top of the structure, Alderman Schlather responded, saying the Charter F, Ordinance Committee, in November, asked him to inquire into what was ooing on. Mr. Place's I L i c r Iv ;LS re 1 e r -A to Tom Hoard who w rotc <) responjc to Cach poll llt raised. COMMUN I CAT IONS FROM THE MAYOR Mayor Shaw reported that he and Supt. Ki- nsella. were among those who had that clay made the trip to Washington to meet with representatives from the Environmental Protection Agency with respect. to the fir.;t segment of a $36 million sewage treatment grant (around $12 roil lion). fie commented that the presentation went well., no decisions were made; howc� ler, lie hopes to licar within 10 -15 clays on recommendations from that level. MAYOR'S APPOINTMENTS: l o'11' of Fire Appeals lkkly rr- requcste-d approt a I of Coolie i 1 for appointment of Dorothy Sturtetant, 824 [lector Street, to the Board of Fire Appeals for a term to expire I)CCCI11ber 31, 1983. -3- December 7, I M Resolution By Alderinarc CI),nes: Seconded by Alderman Schlather RESOLVED, That this Council approves the appointment of Dorothy Sturtevant to the Board of Fire Appeals for a term to expire December 31, 1983. Carried Unanimously Television Cable Commission Mayor Shaw requested approval of Council. for appointment of Francis E. Welch, 987 Taughannock Boulevard, to the Television Cable Commission for a term to expire July 30, 1987. Resolution By Alderman Banfield: Seconded by Alderman Hoffman RESOLVED, That this Council approves the appointment of Francis E. Welch to the Television Cable Commission for a term to expire July 30, 1987. Carried Unanimously Mr. Welch took the Oath of Office and was sworn in by the City Clerk. L� 3 Tompkins County Youth Bureau Board Mayor Shaw announced that he had recommended the appointment of Carol Burke (high school student), P.O. Box 208 (South Street), to the Tompkins County Youth Bureau Board as city representative to replace Tina Peterson, for a term to expire December 31, 1985. <.f CITY ATTORNEY "S REPORT: Cornell Heights Case City Atty. Tavelli reported that on Monday ]le had received the Cornell Heights case which is not entirely favorable to the City. Basically the judge decided that Cornell Uni��crsity can move into any particular neighborhood, each case to be decided on its own merit. Judgment has not yet been filed, but after it is filed, an appeal will be filed for the city and a transcript ordered (approx. $3 -400). Expression of Appreciation Mayor Shaw thanked City Attorney Tavelli for his tremendous service to him, as Mayor, for the past two years. He commented that he was extremely benefited by his able service and the caliber of his legal advice provided to staff, Common Council and to the City of Ithaca. BUDGET AND ADMINISTRATION COMMITTEL: Fire Dispatchers' Agreement By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the Mayor and City Clerk be, and they are hereby authorized and directed to execute an Addendum Agreement with Tompkins County for sharing in the cost of the County Fire Dispatchers. City Share not to exceed 33 -1/30 of the total salary and benefit costs for the period January 1, 1984 through December 31, 1985. Carried Unanimously Hazardous Waste Cleanup By Alderman Holman: Seconded by .alderman Killeen W11FRFAS, hills for the cleanup of the pit at the Ithaca Fire Training Cczit.cr were i-ccci�!c;d en No�'cmhcr =_J, 108: >, ani t WHEREAS, Cecos Environmental Inc., of Kenmore, New York, was the low responsive bidder, with an offer of $10,496; now, therefore, be it RESOLVED, That this Common Council does appropriate the sum of $10,496 from Account A1990, Contin,,erncNI, to Account A341.0 -407, Contractual Services, for the work to be performed. Discussion followed on the floor. 232 -4- December 7, 1_()83 A_m_endment to Resolution_ By Aldcj -man. Sc}h!n- thee. Seconded by Alderman 1;;Inficld and be it further RESOINED, That the City A!torney notify the major contributors of chemicals to this site of their potential liability sharing; in the cost of any cleanup operations. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (7) Banfield, 11offman, Schuler, Dennis, Iloldsworth, Clynes, Schlather Nays (3) - Killeen, Myers, Holman Carried A vote on the maim motion as amended resini.ed a.s follows: Carried Unanimously D.P.W. Personnel Roster By Alderman Holman.: _ Sec of)ded by Alderman. Den.Di.s RESOLVED, That the Roster of the Department of Public Works be in- creased by adding 1 Truck Driver position on a. temporary basis, as requested by the Board of Public Works, and be It further RESOLVED, That the existing Maintainer position not be filled. Discussion followed on th(' floor. A vote on the resolution resulted as follows: Carried Unanimously Ithaca Falls Hydropower Facility By Alderman Holman: Seconded by alderman Dej-iliis WHEREAS, this Common. Council has made a commitment to performing certain environmental impact .studies of the proposed Ithaca Falls Hydropower. Facility, and WHEREAS, this Common Council authori�,cd Planning and Development: staff to release a request for proposals, and WHEREAS, re -sponses to the request: have been received and. evaluated by Planning and Development staff_ and members of the Hydropower Commission, and WHEREAS, staff has determined the proposal by Stetson -Dale to be preferable to the others received; now, therefore, be it RESOLVED, That the City enter into an agreement with Stetson -Dale to prepare an E.I.S. for the proposed. Ithaca. Falls Hydropower Facility, at a cost not to exceed $35,000. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Schuler, Killeen, Dennis, Holman, Myers, Clynes Nays (4) - Banfiel_d, Hoffman, 11oldsworth, Schl.a.th.er. Carried New York State Office of the Aging Appli- cation Iy A1.dcr—man Holman: Seconded by Alderman Killeen WHEREAS, the City of Ithaca is about to submit an application for continuation of the Recreation for the Elderly, and if apporved, apple subsequently to the State of New York for partial reimbursement of Hinds expended on said project, as provided by .`sections 5/11. - _46 of Article 19-1 of the Executive J aw of New fork, entitled Recre.11 -ion Programs for the J;1_derl.y ; now, therefore, he it R}SOLVED, That said application ;.s in all respects approved and IriIliam 1:. Shaw, Mayor, is hereb%, directed and authorized to (lily execute and suhini t said ap)] icatinrn to the New York State Office for the Agin-0 , for i is approN-al . _S_ Discussion followed on the floor. December 7, 3M A vote on the resolution resulted as follows: Carried Unanimously Final Audit for 1983_ By Alderman Holman: Seconded by Alderman Holdsworth RESOLVED, That the Budget and Administration Committee and City Controller be empowered to approve and aucli.t for payment any bills for 1983 as may require such action. (Woo., Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Wastewater Treatment Plant Authorization By Alderman Holman: Seconded by Alderman Dennis WHEREAS, the Ithaca Area Wastewater Treatment Plant has been desig- nated in the 1984 New York State Priority List: as a segmented and funded project, and WHEREAS the estimated cost of the preparation of the Segment I Design Documents, including all Pile Design as necessary relating to the addition of nitrification and the regulatory review associated there - (f; with, will be $100,000; now, therefore, be it RESOLVED, That the Step II Design authorization be hereby increased by $100,000 as requested by the Board of Public Works. Carried Unanimously Adoption of 1984 Budget By Alderman Holman: Seconded by Alderman Holdsworth WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor William R. Shaw, and the Budget and Administration Committee Recommendations, and WHEREAS, it is the consensus of this Common Council that the total Appropriations and Estimated Revenues are adequate for the operation of the City for 1984; now, therefore, be it RESOLVED, That the City of Ithaca Budget for 1984, in the total amount of $16,188,453, be approved, and be it further RESOLVED, That the following sections of the 1984 Budget be approved: (A) General Fund Appropriations (B) Revenue Sharing Fund Appropriations (C) Water Fund Appropriations (D) Sewer Fund Appropriations (E) Commons Assessment Fund Appropriations (F) General Fund Revenues (G) Revenue Sharing Fund Revenues (H) Water Fund Revenues (T) Sewer FIm(l Revemles (J) Commons Assessment Fund Revenues (K) Debt Retirement Schedule (L) Capital Projects (M) Schedule of Salaries and Positions - General Fund (N) Schedule of Salaries and Positions - Water and Sewer Fund (Wwe (0) Authorized Equipment Purchases - General Fund (P) Authorized Equipment Purchases - Revenue Shar-ing Fund (Q) Authoi -1 zecl F(ILllpfllellt Purchases - Water and Sewer Fund Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Banfield, Roffman, Killeen, Schuler, Dennis, 11oldsworth, Holman, 1`lycrs, Clynes Nays (l) - Sch l athe r Carried 2 31 -6- December 7, 1983 Adoption of 1984 Tax Rate By Alde? =man Ho l m<in ; Seconded b), Al do rma n Holdsworth WHEREAS, the 1984 City of Ithaca Budget: was approved, adopted and confirmed, in the total amount of $16,188,453, on December 7, 1983, in accordance with a detailed Budget Statement on file in the Office of the City Controller, and WHEREAS, available and estimated Revenues total $12,253,024, leaving $3,935,429 as the amount: to be .raised by taxati_otl, and WHEREAS, the Assessment Roll for 1984, certified and filed by the Assessment Department of Tompkins County, has been footed and approve( and shows the total net taxable valuation of $302,725,373, a.nd. u WHEREAS, under Charter provisions, the Tax Limit for City purposes amounts to $6,122,105 for 1984; not.', therefore, be it RESOLVED, That the Tax Rate for general purposes, for the fiscal year 1984 be, and the same hereby is, established and fixed at $13.00 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1.984 'Tax Roll_, thereby making a total tax levy as near as may be of $3,935,429, and be it further RESOLVED, That the amount of said tax levy be spread and the same hereby is levied upon and against the respective properties shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $13°00 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed Lo extend and apportion the City Tax as above, and that upon the completion of the extension of said Rol I, the City Clerk shall pre- pare a warrant on the City Chamberlain for the collection of. said levy; and`the Mayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said Warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and. other laws applicable thereto, and be it further RESOLVED, That the total sum of $16,188,453 be appropriated in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City for the purposes respectively set forth therein. The 1984 Assessment Roll has been completed and approved by the Assessment. Department of Tompkins. County and resulted in the following, valuation Valuation of Land $ 84,195,900 Valuation of Buildings 506,269,481 Total Value of Real Property $590,465,381 Less; Value of Exempt Property 303,734,000 (51.440) $286,731,381 Plus. Value of Special Franchises 15,993,992 Net Value of Taxable Property- $302,725,373 Ayes (9) - Banfield, Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Clynes Nays (1) - Schlather Carried -7- i December 7, tt'6c• � Audit By Alderman Holman: Seconded by Alderman Killeen RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $17,SS6.78, as listed on Audit Abstract #22/1985, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Towing and Storage By Alderman Schlather: Seconded by Alderman Holdsworth RESOLVED, That "Towing and Storage" be referred to Unfinished and Miscellaneous Business to be handled in Execut::ive Session on the basis that it involves pending litigation. Carried Unanimously Land Purchase By Alderman Holman: Seconded by Alderman Schlather WHEREAS, the City of Ithaca desires to male available for private development a portion of lands improved with federal Assistance through the Bureau of Outdoor Recreation, and ilt fdi WHEREAS, in order to make that land available for private development, other land must be offered as a replacement, and WHEREAS, the Dickens property, Parcel Number 22 -1 -2, has become available for purchase and. an offer has informally been made to the City, and WHEREAS, the Dickens property is well spited for reci °eati.ona.1 use and represents an appropriate substitute for the land on the Cayuga Inlet Island; now, therefore, be it RESOLVED, That $1,000 be transferred from Account A1990, Contingency to Account A1010 -407, Contractual Services, to cover the cost of purchase of the land and the provision of an Abstract of Title, and be it further I:liSOLVED, That this Common Council does hereby authorize and direct the Mayor, upon approval of the City Attorney and Director of Planning and Development, to accept the deed to the aforementioned property for probably substitution for land on the Cayuga Inlet Island. Discussion followed on the floor. Amendment to Resolution Icy :'Alderman Holdsworth: Seconded by Alderman Hoffman RESOLVED, That the phrase, "for probable substitution for land on the Cayuga Inlet Island," be deleted from the final RESOLVED. Discussion followed on the floor. !1 vote on the amendment resulted as follows: Carried Unanimously A vote on the main motion as amended resulted as follows: (400"e Carried Unanimously Finance Department Personnel Ry Alderman Holman- Seconded by Alderman Holdsworth ldl UFAS, additional ditties have been added to the Finance Department in recent years, and N111:RFAS, among these duties are financial oversight of the joint sewage treatment plant, coordination of comtput:er research and planning, traffic violations burealt and preparation of various budgets, and KIIFREAS, the only Sill which ('Xists to recognize, Financially, department heads who have assumed added rosnons.ibilities is recommenda- tion by the Budget and Administration Comunittee and action by Common Council; 23G, -8- December 7, 1.983 RESOLVED, That Deputy Controller Dominick Cafferillo be placed on Step 8 of the Compensat-i_on P1<rn for those Trot coy orcd by rr 1lnion effector „� 3anua ;,), 2, 1, O84, an(I be it further RESOLVED, That City Cont. roiter Joseph Spano be placed. on. Step 7 of the Compensation Plan for those not covered by a Union, effective January 2. J`)84. Discussion followCd on the floor. Amendment to _Resolution By Alderman Holman: Seconded by Alderman HnIdsworth RESOLVED, That the resolution be amended by adding the foll-owing: "and have demonstrated exemplary performance: following "responsi- bilities” in the third IVHFREAS� Carried Unanimously A vote on the motion as amended resulted as follows: Carried Unanimously Mayor Shaw expressed his extreme gratitude to Council member Hol.nlan for her eight years of' singul.ar service to her City and praised her for her two years of excellent stewardship of the Budget and. Admini- stration Committee, The Council recessed at 9::30 p,m. and reconvened in Regular Session at 9:40 p.m. CHARTER AND ORDINANCE COMMITTEE: Curb Assessment- -Local Law By Alderman Sc lather: Seconded by Alderman Dennis LOCAL LAW NO. OF THE YEAR 1 9 8 3 A LOCAL LAW AMENDING ARTICLE V OF THE CITY OF ITHACA MUNICIPAL CODE, SECTION 5.47 ENTITLED "STREE'T'S, PEDESTRIAN MALLS, IMPROVEMENTS AND ASSESSMENT," SUBDIVISIONS 1 and 4. BE IT ENACTED by the Common Council of the City of Ithaca, New Yorl<, as follows: SECTION l,. Amending Article V of the Ithaca City Charter, Section 5.47 entitled "Streets, Pedestrian Malls, Improvements, and Assessment:," subdivision 1. Section 5.47 of the Ithaca City Charter, subdivision 1 is hereby amended to read as follows: "I. Authorization of paving and other street work and pedestrian mall. The Board of Public Works on its own motion or upon. petition of owners of abutting property, may consider and tentatively authorize the paving, repaving, resurfacing or- surface treatment of any street or portion of a street, and the construction of curbs and gutters in any street or portion of a street and the construction, reconstruction of or addition to a pedestrian mall, and determine all matters relating to the type, materials and method of construction thereof. The Board may hold a public bearing in regard to any such improvement and shall hold such a heaving Whenever suclr i_mprovcmetrt is assessable as hereinafter provided, after giving notice by publication at least once in a local newspaper not less than five (5) days before such hearing. Any such hearing must be held before the Board tentatively authorizes such improvement. The Board shall then make an estimate of the cost of such proposed improvement and File with the Common Council stich estimate and a requisi_tiorn for- appropriation of the funds necessary for the work." SF.C'f'ION 2. Amending Article V of the Ithaca Ci tv Charter, Section 5.47 entitled "Streets, Pedestrian ;`falls, Improvements, and Assessment," subdivision 4. Section 5.47 of the Ithaca City Charter, sLlhdivlslon 4 is hereby amended to read as follows: -9- December 7, 34 '14. Assessment of cost for construction of curbs and gutters. The cost of original curbs and gutters, when constructed or installed in connection with the original paving of a street anywhere in the City, or when constructed or installed in connection with already existing streets in the City except in those areas of the city zoned R -la, R -2a, R -3a, R -U, R -lb, R -2b and R -31) shall be apportioned as follows: Fifty percent of such cost sha.1.1. be a charge against the City at large and the remainder shall be a charge against the- abutting property owners, apportioned according to their respective front footages. The cost of construction, installation, renewal. or repair of curbs and gutters for already existing paved streets in zoned areas of the City designated R -la, R -2a, R -3a, R -U, R -lb, R -2b and R -3b, shall be a charge upon the City at large." SECTION 3. EFFECTIVE DATE. This local. law shall take effect immedi- ately upon filing with the Secretary of State. Discussion followed on the floor. A vote on the resolution resulted as follows: �l1 Ayes (9) Banfield, Killeen, Schuler, Dennis, Itoldsworth, "j Holman, Myers, Clynes, Schlather �) Nay (1) - Ho f fman Carried Cablevision - -Rate Increase Request By Alderman Schlather: Seconded by Alderman Cl.ynes WHEREAS, The American Community Cablcvisi.on has proposed. certain changes to the Franchise contract between the City of Ith.a.ca. and American Television and Communications Corp. DBA American Community Cablevision, dated January 20, 1978; and WHEREAS, this proposal has been reviewed by the Ithaca City Cable Commission which in turn has made its recommendations concerning this proposal to the Ithaca City Common Council; and WHEREAS, a public hearing was held on the proposal by the Charter and Ordinance Committee of the Ithaca. Common Council in Common Council Chambers on November 21, 1983 at 7:30 p.m., at which time all parties present had full and ample opportunity to be heard; now, therefore, be it RLSOLVED, That the Ithaca Common Council does herewith counter propose to modify the aforesaid Cable Television Franchise in the following particulars and upon the following conditions: A. Paragraph 11 (b) shall be changed to read: The holder of this franchise shall be required to permit any individual or corporation to have access to the services of the holder of this franchise, subject only to the payment of installation fees and monthly charges which are hereby established as follows: Residential establishments (maximum charges) : First installation charge - $25.00 Each additional installation - $15.00 Commercial establishments (maximum cliarges) : First installation chargc - Each additional installation - Cilstoil] installation, hidden wire, [In dcrl; round drop III Z11-ca whe rc drops arc otherwise aerial - $35.00 $25.00 Time + matcri.al + 10°, `-38 B. -10- December 7, 1983 Mcnthl-,,,T rental First installation, basic $ 6.00 service including 421. channels - Converter charge (subscriber $ 2.00 option.) - Each additional insta]lati -on - $ 1 - -50 Upon addition of three or more satellite services to the midband channels, basic service shall be defined as channels 2 -13e Augmented basic service shall be defined as channels 2 -13 and B through J in the mid- and super- bands. Monthly rates will then be as follows: Basic service including 1.2 channels -- $ 650 Each additional outlet, for basic service -- $ 1,50 Augmented basic service including 21 channels - $ 9,50 Each additional_ outlet for augmented basic service - $ 4.50 Converter deposit raise shali . be a maximum, refundable converter deposit in the amount of $10.00 2) Suspended service: No charge shat -l. be made for voluntary, disconnection and no rental charge shall be made while disconnected.. Reconnection charge -- $10.00 3) The user shall have the privilege of selling or transferring the service to a different party for a $15.00 transfer charge. 4) Changing location of cables: $7.50 for moving to another location in the same room. $10.00 for moving to another location in the same living quarters. 5) Any riser who has paid the regular established residential installation fee and moves to another residence within the city may have this service transferred for a $15.00 charge. 6) Cable service may be disconnected when rental or installation charge is sixty days past due. If service is disconnected because of non -- payment, a charge of $10.00 maximum shall be allowed for reconnection after the past -due account is paid. 7) Unchanged 3) Unchanged 9) Unchanged 10) Unchanged 11) (c) Unchanged Public Access 32 (a) shad be changed to. \ew rules: "in compliance with State regulations and adopt State Commission rules by reference and local requirements." 32 (b) Be changed to: -I'll, s s i ngle channel shall be des i grated as channel 13 in the basic scrx'icC group." -11- 32 (c) Unchanged 32 (j) Unchanged 32 (m) be added as follows: December 7, M ;A 32 (m) American Community Cablevision will maintain a record of the use of the designated television channel(s); such record to be available locally for public inspection and retained for a minimum period of two years." 32 (n) be added as follows: "32 (n) American Community Cabl evi si on will prohibit the public access channel from be:inl used for the promoti.orn or sale of commercial products or services, including advertising by or on behalf of candidates for public office." 32 (o) be added as follows: "32 (o) The franchises shall provide notice to each sub- scriber., at intervals of not more than one year, as to °'► the .availability of the television channel and y production equipment and the address and telephone number of the !? person responsible for the operation of the access channel(s)." �l 32 (p) be added as follows: 1132 (p) Except as superceded by the terms and provisions of this franchise agreement, the Public Access rules of the New York State Commission on Cable Television are adopted by reference." C. Annual Notice 38) be changed to: "ATC agrees to supply a written statement to each new customer prior to commencing installation for service to such new customer and to all existing customers prior to the effective date of any rate change and at least once per year. This statement shall contain the following: (1) Statement of rates pertaining to the customer, including hook -up and all other charges that might be made; (2) concise statement of procedures for notifying ATC of difficulties with service, the ATC "trouble" phone number, hours of availability of service, customer rights to service, and complaint procedures, both within ATC and those available through the City of Ithaca." and be it further RESOLVED, That these modifications as counter proposed by the City of Ithaca shall not be effective until such time as American Community C.rblc��isiori er its asst „ns a „re�� to ,l cept the swine, at wh_i.ch 1:_inle the same will be implemented pursuant: to procedures required by law. Discussion followed on the floor. Tablint; Resolution By Alderman Sclilather: Seconded by Alderman Hoffman lESOLVED, That the resolution concerning cablevisi.on rate increase request be tabled. Carried Unanimously PLANNING AND DEVELOPMIXF COMM I TTEI : Center Ithaca Alderman Denrri.s reported attendance at a meeting at which George Ges s 1 ei n was fires ent . There was d i s cress i on oil the need to get moving on Center 1 t baca : corncep t 'Ipprox'a 1 of I la 1 cyon' s reconnrnendations , M)AG restructuring, etc. 240 - -12- December 7, 083 Burns Road By Alderman Dennis: Seconded by Alderman Holdswortli WHEREAS, the Town of Ithaca, as a part of its Road and Bridges Improvement Program, wishes to realign Berns Road, located in the Town of Tthaca, Tompkins County, State of New York, and WHEREAS, the proposed rcalignm.ent will cross ]_antis owned by the 0 of Ithaca, and WHEREAS, the Town of Ithaca has given certain assurances with respect to that realignment in a STATEMENT OF INTENT, dated 10- 20 -83, and J; WHEREAS, the City of Ithaca DPW has passed a resolution with certain further stipulations regarding the Burns Road realignment on 10- 12 -83, many of which are incorporated into the Town of Ithaca's STATEMENT OF INTENT, and WHEREAS, the proposed location has been thoroughly reviewed by the Six Mile Creek Study Committee; now, therefore, be it RESOLVED, That upon the unanimous recommendation of the Planning and Development Committee of Common Council, that the City of Ithaca make available to the Town of Ithaca those lands necessary for the realign- ment in accordance with the provisions of the Town of Ithaca's STATE- MENT OF INTENT and the BPW resolution named above, and be it further RESOLVED, That the Mayor of the City of Itha.c.a. be hereby authorized and directed to execute a deed upon the approval of the City Attorney and the Superintendent of Public Works transferring sufficient lands to the Town to effectuate said realignment. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Banfield, Killeen, Schuler, Dennis, Iloldsworth, Holman, Myers, Schlather, Clynes Nay (1) - Roffman Carried Hydropower -- -EIS Alderman Dennis withdrew this item from the agenda.. Jobs Bill--Application ByAiderma.n Dennis: Seconded by Alderman Myers WHEREAS, the Ithaca Urban Renewal. Agency /Community Development Agency (IURA /CDA) and the Citizens Advisory Committee (CAC) to the Community Development Program have recommended that the City of Ithaca make application to the Department of Housing Q Urban Development for funding assistance under the Jobs Bill_ of 1983, and WHEREAS, following their review of the guidelines and regulations for the grant program, the IURA /CDA and the CAC have unanimously recommended that the application in the amount of $108,500 be made by the City on behalf of the Tthaca Cabinet Company in order to facilitate the expansion of their_ business capacity, thereby increasing permanent Job opportunities For the citizens of Tthaca, and MIEREAS, the Planning and Development Board has concurred in the IURA, CDA / -CAC recommendation, and WHEREAS, the Planning Q Development Committee has reviewed the proposeu application and found it to be consistent with the City's objectives for the Nest End development process; now, therefore, be it RESOLVED, 'That the proposed application is hereby approved by the Common Council as the City of Ithaca's application for funding under the HUD administered Jobs Bill, and that the Mayor be authorized and directed to sign the application as Chief Executive officer for the City and Chair of the TUBA /CDA. n,t -13- December 7, 3-�.x6� Glenn Goldwyn presented the background of the application and answered questions of the Council. Discussion followed on the floor. A vote on the resolut. ion resulted :is follows. Carried Unanimously Collegetown Zoning Alderman Dennis removed this item from the agenda. Jail Site (Woel Alderman Dennis reported he had received a letter from Chairman Dates who is arranging a meeting to talk about the NYSEfG Site for the site of the jail. Buttermilk Land Exchange Alderman Dennis reported that negotiations for the Buttermilk Land. Exchange are ongoing and will probably be dealt with after the first of the year. l'l Family Medicine Building (f,l By Alderman Dennis: Seconded by Alderman Killeen WHEREAS, the City of Ithaca now owns the property known as 209 West E.1 State St., which is presently under lease to the Family Medicine [t.1 Associates of Ithaca, and WHEREAS, the Common Council has caused to be prepared a. fair rental value and fair market value appraisal of the property, and WHEREAS, it is in the interest of the City of Ithaca to dispose of said property through sale, and WHEREAS, the Comprehensive Health Planning Council has determined that there was a need for primary care physicians in the downtown Ithaca area, and WHEREAS, that need is being met in great measure by the Family Medicine Associates, and WHEREAS, it is in the interest of the residents of the City that primary care be continued in the downtown area; ]loiv, therefore, be it RESOLVED, That Common Council does hereby direct the Director of Planning and Development to enter into negotiations with Family Medicine Associates of Ithaca for the purchase of the City property known as 209 West State Street, and be it further RESOLVED, That the issue of sale of said property through the Urban Renewal Agency be referred to said agency for their consideration, and be it further RESOLVED, 'That this matter be returned to Council for action before the terms of sale are made final. Di sciiss i on followed on the f loon. Amendment to Resolution_ By Alderman Banfield: Seconded by Alderman Koffman RESOLVED, That the phrase "or rental" be added to the resolution following SAC. Discussion followed on the floor. A vote on the amendment resulted as follows Ayes (6) - Banfield, Hoffman, Schuler, lloldsworth, Holman, SchIather Nays (4) - Killeen, Dennis, i \!ye s, Clynes Carried P42 -14- December 7, 1983 Tabling_Resolution By Alderman Holman: Seconded by Alderman Schuler RESOLVED, That the main motion as amended he tabled. Ayes (8) - Banfield, Hoffman, Killeen, Schuler, Holdsworth, Holman, Clynes, SchiNther Nays (2) Dennis, MYCT> Carried UNFINISHED AND MISCELLANEOUS BUSINESS: The Council adjourned-into Fiecutive Session at 11:15 p.m. Towing and Storage By Alderman Scilather: Seconded by Alderman Ki.]leen. RESOLVED, That a transfer from Contingency Account A -1990, the total. sum of $2,765.00, to Attorney's Account for full settlement of towing litigation, including provision for attorney's fee as follows: to Bruce Schindhelm D /B /A Fingerlakes Wrecking Service: $235.00; to Cornell. Legal Aid: $2,530 be made. Carried Unanimously ADJOURNMENT: Council recovened in Regular Session and on a motion adjourned at 11:23 p.m. J sep A. Run e, City Clerk hilliam R Shaw, Mayor I F&