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&