HomeMy WebLinkAboutMN-CC-1987-08-05303
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. August 5, 1987
PRESENT:
Mayor Gutenberger
Alderpersons (7) - Booth, Dennis, Haine, Hoffman, Lytel,
Romanowski, Schlather
ABSENT:
Alderpersons (3) - Cummings, Peterson, Killeen (all excused)
OTHERS PRESENT:
City Controller - Spano
Deputy City Controller - Cafferillo
Asst. City Attorney - Bennett
City Clerk - Paolangeli
Supt. of Public Works - Dougherty
Deputy Director, Planning & Development - Mazzarella
Fire Chief - Olmstead
Personnel Administrator - Baker
Commons Coordinator - Deming
3rd Ward Candidate - Johnson
LO 4th Ward Candidate - Nichols
5th Ward Candidate - Brooks
m Mayoral Candidate - Weiner
Q PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
MINUTES:
Approval of Minutes of July 8, 1987 Meeting
By Alderperson Lytel. Seconded by Alderperson Schlather
RESOLVED, That the Minutes of the July 8, 1987 Common Council
meeting be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending Section 30.54 of Chapter
30 Entitled 'Zoning' of the City of Ithaca Municipal Code
peal Procedure)
Resolution to Open Public Hearing
By Alderperson Schlather: Seconded by Alderperson Haine
RESOLVED, That the Public Hearing to consider amendment of
Section 30.54 of Chapter 30 entitled 'Zoning' of the City
of Ithaca Municipal Code (Appeal Procedure) be declared open.
Carried Unanimously
Alderperson Schlather gave a brief description of the amending
ordinance.
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Schlather
'5 RESOLVED, That the Public Hearing to consider amendment of
Section 30.54 of Chapter 30 entitled 'Zoning' of the City
of Ithaca Municipal Code (Appeal Procedure) be declared closed.
Carried Unanimously
Public hearing - Consideration of Application of American
Community Cablevision for a Franchise Agreement in the City
of Ithaca and Public Consideration of the Proposed Cable
Television Franchise Agreement Between American Community
Cablevision and the City of Ithaca
Resolution to Open Public I- fearing
By Alderperson Lytel: Seconded by Alderperson Booth
304
-2-
August 5, 1987
RESOLVED, That the Public hearing to consider application
of American Community Cablevision for a Franchise Agreement
in the City of Ithaca and public consideration of the proposed
Cable Television Franchise Agreement between American Community
Cablevision and the City of Ithaca be declared open.
Carried Unanimously
Alderperson Schlather gave a brief description of subject
of public hearing.
The following persons spoke in support of Public Access Channel
13, commented on their experiences, expressed their concerns,
and offered suggestions for improvement:
Merrill Shipherd, 28 Lower Creek Road, Etna, New York
Fay Gougakis, 100 West Seneca Street, Ithaca, New York
Mary Jo Dudley, 409 North Cayuga Street, Ithaca, New York
Brian Gollands, 602 South Albany Street, Ithaca, New York
Peter Hess, 772 Elm Street Extension, Ithaca, New York
John Efroymson, 1120 North Cayuga Street, Ithaca, New York
Carl Feuer, 310 First Street, Ithaca, New York
Elline Gambrell, 357 Snyder Hill Road, handed out copies
of a letter from Vernon Gambrell to Mayor Gutenberger supporting
American Community Cablevision in their negotiations with
the City of Ithaca and recommended that Common Council as soon
as possible continue discussions and negotiations with ACC
toward the renewal of the franchise for the good and betterment
of our community.
David Lytel, 102 First Street, spoke to Council regarding
the American Community Cablevision franchise. He stated
that it is important for Council to pass the ordinance this
evening but that we continue working on the franchise agree-
ment. There are two matters that continue to be of greatest
dispute; the amount of support for public access equipment
and whether or not Ithaca will have a two -way network or
a network that as a traditional cable system only sends video
in one direction. He handed out to members of Council and
Press an article under his by -line entitled "Local Connections ".
This article deals with locally oriented computer systems
that serve American communities. He urged Council to support
the ability to use such a system for interaction with citizens.
Michael Whitiam, General Manager for American Community Cable-
vision, read the following statement:
"Later tonight you will be asked to vote on two resolutions
relating to cable television. First, you will be asked to
vote on the passage of a local ordinance which will serve
as the basis for your regulation of cable television operators
within the City, subject of course to Federal and State law
and regulation. Secondly, you will be asked to vote to approve
or deny the renewal of ACC's franchise with the City, based
upon the proposal we submitted in April and the changes that
we have negotiated to that proposal.
My purpose tonight is to ask you to postpone your vote
on the local cable ordinance until negotiations have been
fully completed and that you vote also to approve a renewed
franchise based upon our proposal.
Frankly, given the current impasse in negotiations over
additional capital support for public access and for two -way
communications, I do not expect you to vote to renew the
franchise tonight. But I do think it is in the interest
of both the City and ACC to postpone a vote on the ordinance
until negotiations have been concluded.
-3-
August 5, 1987 305
Throughout the negotiations process we have expressed
our concerns about the formal language within the City's
ordinance, and the manner in which that ordinance will. relate
to the franchise. In the beginning of our negotiations process,
we asked the City negotiate only a franchise agreement and
then draft an ordinance based upon that agreement. When
it became clear that the City intended to pass an ordinance,
we agreed to provide input into the ordinance and made it
clear that we will sign a franchise agreement that incorporates
the ordinance only if the ordinance is acceptable to use
and some provision "grandfathering ", or in effect freezing
the terms of the ordinance at the time of the signing of
the franchise could be written into that agreement. The
City negotiating committee agreed to the grandfathering provision,
and we have since spent considerable time discussing the
language in that ordinance.
At this point, certain provisions within the ordinance
are still not acceptable to ACC, and I can only say that
we will not sign a franchise agreement incorporating an ordinance
which contains these provisions. I am asking you to postpone
your vote tonight until the negotiating committee and ACC:
Nq can resume discussions and we can resolve our differences
LD over access, two -way facilities, and the formal contract
language. I think its important to note that in all of this
Mprocess that we had expected to work these differences out
Q prior to tonight until we discovered the misunderstanding
that has led to our current impasse in the two -.,,ay and public
access issues. I see the passage of the ordinance as currently
drafted only making it more difficult for the City and ACC
to eventually reach negotiated agreement on a renewed franchise.
I think it is also important to note that many of our
initial objections have been negotiated into language that
can work for both parties but the remaining issues are very
important to us because they limit our ability to fully enjoy
the benefits of the significant investment of some $3 million
in the City alone that we are prepared to make in order to
fulfill the terms of the franchise agreement.
I see a negotiated franchise renewal agreement as dependent
upon the resolution of the ordinance language as it is upon
the resolution of the issues relating to public access and
two -way communications. Again, that is why I am asking you
to postpone your vote.
I also want to say that I believe our proposal as it currently
stands more than meets the minimum requirements set forth
in the City's Request for Proposal.
The issues over which we have reached an impasse in our
negotiations have been fully addressed in our proposal. Most
importantly, PEG access and two -way communications are services
in which demand is limited, and which must be underwritten
through higher cable prices if they are to exist at the level
the City has requested. When we put together our proposal
we based all the financial projections that would make that
proposal a workable proposal for us in the business perspective
upon additional investment in the public access arena at
the $100,000 level. We are now looking at a total investment
requested by the City of somewhere between $260,000 and $340,000
depending on how you might interpret some of the lists of
materials I have seen.
Our specific
concerns with the ordinance center
around
provisions which
unreasonably limit our ability to
sell or
transfer control
of the system, provisions which make
it possible
for the City to
of our system, and
relatively easily assume operating
other provisions which otherwise
control
restrict
our ability to manage
and control. our business.
I think it is also important to note that many of our
initial objections have been negotiated into language that
can work for both parties but the remaining issues are very
important to us because they limit our ability to fully enjoy
the benefits of the significant investment of some $3 million
in the City alone that we are prepared to make in order to
fulfill the terms of the franchise agreement.
I see a negotiated franchise renewal agreement as dependent
upon the resolution of the ordinance language as it is upon
the resolution of the issues relating to public access and
two -way communications. Again, that is why I am asking you
to postpone your vote.
I also want to say that I believe our proposal as it currently
stands more than meets the minimum requirements set forth
in the City's Request for Proposal.
The issues over which we have reached an impasse in our
negotiations have been fully addressed in our proposal. Most
importantly, PEG access and two -way communications are services
in which demand is limited, and which must be underwritten
through higher cable prices if they are to exist at the level
the City has requested. When we put together our proposal
we based all the financial projections that would make that
proposal a workable proposal for us in the business perspective
upon additional investment in the public access arena at
the $100,000 level. We are now looking at a total investment
requested by the City of somewhere between $260,000 and $340,000
depending on how you might interpret some of the lists of
materials I have seen.
3061
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August 5, 1987
You must recognize that any additional costs we incur
are going to have to be passed along to our customers. In
the case of two -way communications, the City's RFP specifically
instructs us not to pass the cost for that type of service
along to the traditional cable customer. A two -way communications
business cannot be supported by the two -way customers alone,
and unless a. major institutional backer such as Cornell agrees
to become a customer its going to be literally impossible
for us to make a two -way system a financial reality.
The City's list for public access equipment to us appears
to only duplicate manv of the services that are currently
provided for services that we will be able to support through
the upgrade that we have included in our proposal.
I also find it interesting to note two things tonight.
First, in the ascertainment process started about two and
a half years ago, it seemed that most of the concerns over
public access had to do with the supposed roadblocks that
we had set up to individuals being able to use the facility
and access to the facility, to even get time. The biggest
concern tonight, from what I've heard, is the possibility
that there will be limits placed on time during a period
of tremendous growth and public access. ACC is going to
support public access. We have no intentions of limiting
time or backing away from public access in any way, shape
or form. We do, however, expect to use our facility during
times it is not used by public access volunteers for our
purposes as many other cable operators do around the country.
I do not see any kind of a threat in that. If fact I believe
what we will see in the long run will be an even greater
growth in local programming because there will be more diversity
and a wider range of programming available to the community.
In any case, both of the proposals we currently have in
front of use for additional funds from the City do involve
the passing along of expenses to our customers. If we were
to provide the equipment at the level that is currently before
us, the total capital and the associated operating expenses
would require us to increase the price of basic service to
City customers at nearly $1.00 per month. 1 find it odd
in some sense that the City's apparent willingness to increase
customer's bills by such an amount in the franchise negotiations
process is somewhat at odds with the willingness to fight
us over a SO cent price increase that we rolled out last
January. The reality of the situation is these services
will have to be supported by additional prices from our
customers. I see the proper place for the resolution of
these issues at the bargaining table and I believe that because
the City has elected to tie the ordinance and the franchise
agreement very tightly together in this renewal process,
that it is important that Council postpone its vote on the
ordinance tonight until we have fully completed negotiations.
I believe such an action will create a more positive atmosphere
for the continued neQotiati_ons which we certainly intend
to participate in and I think it provides both the ulty and
ACC with additional opportunities to draft contract language
that will be acceptable to both of us. Thank you."
Resolution to Close Public Hearing
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing for Consideration of Appli-
cation of American Community Cablevision for a Franchise
Agreement in the City of Ithaca and Public Consideration
of the Proposed Cable Television Franchise Agreement between
American Community Cablevision and the City of Ithaca be
declared closed.
Carried Unanimously
19-
307
-S-
August S, 1987
ADDITIONS TO THE AGENDA:
Budget and Administration Committee
Alderperson Dennis requested an amendment to Item C - Resolution
on Youth Bureau Phone System. He requested deletion of the
first paragraph of that resolution.
No Council member objected.
New Business
Alderperson Schlather requested the addition of Item A -
Resolution asking for Common Council approval of a proposed
lease of a portion of the second floor of G.I.A.C. to the
Southeast Asian Refugee Association.
No Council member objected.
Charter and Ordinance Committee
Alderperson Schlather requested that regarding Items F and
G, the Mayor announce that the agenda reflect a public hearing
to be held in connection with the Roman Numeral VI "Petitions
and Hearings of Persons Before Council" with respect to the
d- City's proposed changes to its Environmental Quality Review
LD Act as it involves amendment of the critical areas in the
City, by the inclusion of the gorges within those areas,
as well as redefinition of 'ministerial act' as it pertains
m to building permits for critical areas within the City. He
a stated that the reason he is asking for this is that the regulations
that were recently passed by the State under its State Environ-
mental Quality Review Act are unclear as to the need for
a public hearing prior to action on such amendments in local
ordinances. Because they are unclear the City consulted
with the State and tried to determine whether or not this
public hearing was necessary and so to error on the side
of caution we want the Minutes to reflect that. We may in
in fact proceed with a remedial legislation at the next Common
Council meeting as well. He asked the Mayor to specifically
invite comment with respect to those two items at the public
hearing portion of the meeting and that the Minutes reflect
that.
Alderperson Booth stated that this afternoon he talked with
the Counsel at the NYS Department of Environmental Conservation
who answers questions on the State Environmental Quality
Review Act. Ile asked specifically if there were any definitions
of what a public hearing is in this context or the procedural
requirements for one and the answer was "no ". Even if there
is a requirement for a public hearing there is no definition
as to what the procedural requirements are.
Mayor Gutenberger stated that he is going to find it difficult
to even call it a public hearing without prior notice. If
we are inviting public comments then he will accept that.
Even though there is no definition of a public hearing he
thinks that the way the City has treated public hearings
in the past does have a sense of meaning and more
importance and draws more attention than just putting things
on the agenda. He stated that if Alderperson Schlather is
asking just for public comments specifically he will accept
that but he will not refer to it as a public hearing.
Alderperson Schlather commented that he would accept this.
DELE-FIONS FROM THE AGENDA:
Planning and Development Committee
Alderperson Haine requested the deletion of Item E - Six
Mile Creek Hydropower RFP.
No Council member objected.
308
-6- August 5, 1987
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Mayor Gutenberger invited comments from the public specifically
on Items F and G on the Agenda under the Charter and Ordinance
Committee. This is the issue of the Theory Center and the
discussion tonight of critical and sensitive areas, specifically
in the gorge and creek areas in the City.
John Schroeder, 618 Stewart Avenue, spoke to Council. regarding
the proposed Theory Center at Cornell University. He urged
Common Council to discourage the Uni- versity from building
the Theory Center so close to the gorges.
John Johnson, 946 East State Street, urged Common Council
to protect our gorges as we would any of our other natural
resources and work with Cornell to improve its image with
the community.
LeMoyne Farrell, 120 Eastwood Avenue, asked the Common Council
to protect the gorge by asking Cornell University to move
the proposed Theory Center to the east.
Florence Hoard, 42 Cornell Street, urged Common Council to
protect the gorges by not allowing the proposed Theory Center
to be built near the gorges.
Cayuga Inlet Bikeway Project
Franklin J. Schwarzer, Attorney, 300 Empire Road, Syracuse,
New Yolk, representing William L. Lower, spoke to Council
regarding the Cayuga Inlet Bikeway project. He stated Mr.
Lower's home is located on lots that are near the Cayuga
Inlet bike path. He presented a map of the area that is
being considered for the Cayuga Inlet Bikeway project. IIe
asked Common Council to consider moving the bikeway to the
north and east portion of the Cayuga Inlet so as to not disturb
anyones privacy. He belives it will be more economical and
less detremental to these property owners.
INHS Local Housing Trust Fund
Tracy Farrell, 429 West Buffalo Street, President of the
INI -IS Board, spoke on the resolution regarding }lousing Trust
Fund that is on tonight's agenda. She asked Council to pursue
this proposal and to direct the Planning staff to explore
various funding alternatives for it.
Housing Certificate of Compliance
Valorie MacDougall, 315 South Albany Street, spoke to Council
regarding a housing problem and questioned why there is a
housing certificate of compliance procedure when the regulations
of that certificate are not followed.
Mayor Gutenberger responded that the matter will be followed
up and an inspection will be done.
Cayuga Inlet Bikeway Project
Orson Ledger, Brooktondale, New York, spoke to Council regarding
the Cayuga Inlet Bikeway project. He suggested the City
move the area for a bikeway path so as not to encroach on
citizen's private property.
Reuben Weiner, 1021 hector Street, spoke to Council regarding
the Cayuga Inlet Bikeway project, as a private citizen and
also representing his brother, who along with himself are
owners of property on the east side of the flood channel
between the flood channel and the railroad tracks. Tie suggested
to Council that a bicycle path might be feasible on the east
side of the flood channel along with a two -way street going
from West Clinton through Cherry Street, and through his
property. Ile suggested this would benefit traffic flow through -
out the south west area.
REPORT OF CITY BOARDS
Board of Public Works
Commissioner Nichols
COMMIT'T'EES AND COMMISSIONS: �
reported on the following to Council:
0
it
301.)
-7- August S, 1987
Recycling Ordinance
Commissioner Nichols urged Common Council to proceed as quickly
as possible on this ordinance. There needs to be a lot of
public education before the City can get started in the appro-
priate way and we also need to firm up the market for the
sale of the recyclable materials that are picked up. The
Committee of the Whole, at a meeting today, supported the
recommendation of the Recycling Task Force that the so- called
"grace period" be limited to six (6) months.
Mayor Gutenberger stated that he has designated Jack Clynes,
the City Purchasing Agent, as the Market Coordinator and
Jack is working with as many people as he can on this matter.
Discussion followed regarding findings markets for recyclables.
G.I.A.C. Lease - Southeast Asisan Refugee Association
Alderperson Schlather asked about the lease for the Southeast
Asian Refugee Association at G.I.A.C.
Commissioner Nichols responded that the lease does have the
�. approval of the Board of Public Works.
LO Recycling Space at G.I.A.C. - Request For
= Mayor Gutenberger stated that Lynn Leopold has requested
m space at G.I.A.C. for a Recycling Office. He asked Commissioner
Q Nichols if the matter had been brought up at the Board of
Public Works meeting.
Commissioner Nichols stated that the issue of office space
had not come up at the BPW meeting. He stated that there
should be space available because the area that is being
rented is only part of the space that EOC occupied.
Collegetown Parking Garage
Alderperson Booth asked if the contractor has completely
finished all of the work on the garage.
Commissioner Nichols stated that the work is finished and
that it has met specifications.
One -way Streets in Collegetown
Alderperson Booth asked what the Board is hearing about the
two one -way streets; Dryden Road and Oak Avenue.
Commissioner Nichols stated that when the streets first opened
there were quite a few people urging the City to keep them
two -way. Since they have seen what the problems are in terms
of construction we haven't heard anything in the last month
about that. It seems to have been accepted as a necessary
fact. The traffic will go back to the - original pattern once
the Collegetown Phase 2 work has been done.
COMMUNICATIONS FROM THE MAYOR:
Historic Ithaca Award for Brick Work
Mayor Gutenberger stated that the City has received an award
from Historic Ithaca commending the City of Ithaca on the
Stewart Avenue brick restoration project. He thanked Historic
Ithaca for recognizing the efforts of the City.
Employment Legislation Recommendations
Mayor Gutenberger stated that he has passed out two packets
on employment legislation. The first packet is the recommendation
of the ad -hoc committee on employment maintenance legislation
that he appointed a year and a half ago. At a press conference
this morning the committee members released their recommendation
to the public and the thickness of the document is mostly
the research that was done by the committee through Steve
Jackson and Dick Matthews. It is enclosed for information
only. It is not a recommendation of the ad -hoc committee
to endorse that report, to reject or to continent on it. We
used it as a resource tool only.
310 -8- August S, 1987
In lieu of the original plant closing legislation as proposed
by the Tompkins /Cortland Labor Coalition the recommendations
are that (1) a labor representative be added to the Board
of Directors for the Tompkins County Area Development Corporation;
(2) that lease language be adopted for new tenants in our
industrial park which would call for advanced notice of either
lay -offs or closings or if anyone wants to break a lease
with the City of Ithaca (this would be for new tenants),
up to 1S employees - no notice required; 16 -99 employees
- 60 days notice; over 100 employees - 90 days notice; (3)
that increased efforts will be made to get more employers
involved in employee assistance programs offered by the Chamber
of Commerce and the Family and Children's Center. Items
1 and 3 were unanimous, item 2 passed by a vote of 5 -1; there
was one member dissenting on item 2 who felt that industrial
parks should not be singled out, that if it was going to
be done at all it should be City wide.
He offered to the Council those recommendations and would
entertain either referring those recommendations to the appro-
priate committee of Common Council for discussion or even
entertain a motion to be the first group in the community
to endorse the recommendation.
Resolution
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That this Common Council endorses the concept of
Lhe document on employment. legislation.
Motion to Table
By Alderperson Booth: Seconded by Alderperson Lytel
RESOLVED, That the document on employment legislation be
tabled.
Ayes (5) - Hoffman, Lytel, Booth, Schlather, Romanowski
Nays (2) - Haine, Dennis
Carried
Motion to Refer to Committee
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the document on employment legislation be
referred to the Planning and Development Committee for review
and report back to the Common Council.
Carried Unanimously
Mayor Gutenberger read the following statement:
"I would like to take this opportunity to extend my sincere
gratitude to Raymond VanHoutte, James Morrisette, William
Bennett, Charles French, Donald Chandler, Richard Sullivan,
Richard Matthews and Professor Steve Jackson for having given
so much of their time and talent to their community for over
a year and one -half as they addressed the issues of local
impacts of plant closings and layoffs. These eight people,
working together (and unpaid) have produced unique and historic
recommendations for our community. It is my fervent hope
that the entire community will endorse and adopt their
recommendations as partial payment for their efforts on our
behalf.
We must ensure that these recommendations are implemented
and we must continue these historic beginnings of Business,
Labor and Government working together for the benefit of all
in the Ithaca community. To this end, I_propose that the
City of Ithaca contract with the labor community to assist
the city in employment stabilization in much the same way
the city contracts with the Tompkins County Area Development
Corporation for economic development. This contract with
the appropriate body of the Labor community would call for
the following services to be provided:
it
it
311
-9- August 5, 1987
A. Perform information gathering, research and communication
tasks as required and to actively seek out businesses
which are considering work force reductions and attempt
to retain the level of employment through the cooperative
efforts of all parties. These efforts could include work
rule concessions, tax abatements, financial. assistance,
or innovative policies such as job sharing and should
require flexibility from all parties. Tasks should be
organized to insure that all parties are able to assist
as much as possible in any efforts to identify or help
a business which is in danger of closing or facing substantial
layoffs.
B. Similar energy and cooperation to that outlined above
should be used to assist the Director `1'CAD in working
on expansion of existing businesses and the creation of
new businesses.
C. Conduct and cause to be published a survey of local employers
to determine which job skills will be needed in the next
five years and which positions should anticipate a decline.
Identify "high Risk" job categories and groups of workers.
Iq Communicate the results to the board of TCAD, and educational
LD community and the City of Ithaca.
D. Act as an information resource on the various community
m based services available for training, placement, counseling,
Q and financial assistance for displaced workers. Encourage
retraining of "High Risk" employees in declining job
categories.
E. Act as a liaison between the Office of the Mayor, the
Chamber of Commerce, TCAD, and the Labor Coalition in
all matters relating to this agreement and to cause regularly
scheduled meetings of these parties to be held to assess
and monitor the contract.
F. Maintain regular contact and communication with local
labor and business leaders to promote understanding of,
and cooperation with, this contract and the New York Compact.
Encourage local businesses to subscribe to the principles
of both documents.
The purpose-of this contract is to help secure the economic
future of the citizens of the City of Ithaca. This contract
should also result in the stabilization of local employment
levels and help aleviate the devastating impact of business
shutdowns and layoffs.
I am asking Common Council to join with the ad -hoc committee
and myself in our commitment to employment stabilization
by appropriating sufficient funds to enable the execution
of the contract I have described. The ad -hoc committee has
provided the foundation and building blocks for cooperation,
commitment and community concern: it is now up to Common
Council to provide the cement to build a truly innovative
and progressive structure that will protect our working people
and provide shelter to our people who may become victims
of changing times and technology. Common Council has the
opportunity to make Ithaca's light shine even brighter by
demonstrating that, in our community, Business, Labor and
Government are united in their efforts to keep Ithaca that
very special_ place."
Motion to Refer to Committee
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the matter of a contract with the labor community
be referred to the Human Services and Budget and Administration
Committees for review and report back to Council.
312
-10-
Discussion followed on the floor.
August 5, 1987
A vote on the resolution to refer to committee resulted as
follows:
Carried Unanimously
MAYOR'S APPOINTMENTS:
Youth Bureau Advisory Board
Mayor Guten erger requested approval of the appointment of
Major Kenneth Stahl, 150 North Albany Street to the Youth
Bureau Advisory Board, for a term to expire December 31,
1987.
Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That this Council approves the appointment of Major
Kenneth Stahl to the Youth Bureau Advisory Board for a term
to expire December 31, 7987.
Carried Unanimously
CITY ATTORNEY'S REPORT:
Wilcox Press Noise
Alderperson Hoffman asked about the monitoring of noise
at Wilcox Press.
Asst. City Atty. Bennett stated that the contract has been
signed. There are a couple of things that need to be worked
out such as weather conditions, the way that monitoring will
take place, etc.
Recess
Common Council recessed at 9:40 p.m. and reconvened in regular
session at 9:50 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Henry St. John Loan Subordination
By Alderperson Haine: Seconded by Alderperson Dennis
WHEREAS, the City of Ithaca and Neighborhood Housing, Inc. have
worked together on a dumber of successful rental housing
development projects, including the Urban Development Action
Grant assisting Henry St. John's redevelopment, and
WHEREAS, Ithaca Neighborhood Housing has the opportunity
to refinance the indebtedness of rental program properties,
a move which shall provide significant operating savings
for the agency in the future with no fundamental change in
the structure of their debt to the City of Ithaca; now, therefore,
be it
RESOLVED, That the Common Council approves of the proposed
Ithaca Neighborhood Housing Services, Inc. Blanket Mortgage
proposal, as described in their Attorney Jack Sherman's letter
to City Attorney Ralph Nash dated June 5, 1987 and endorsed
by the Planning and Development Committee and Ithaca Urban
Renewal Agency and be it further
RESOLVED, That the Common Council hereby authorizes and directs
the Mayor to execute all documents necessary to implement
the proposed refinancing, upon the advice of the City Attorney
and the Director of Planning and Development. -J
Alderperson Haine gave background information on the resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
"Theory Center
Alderperson Dennis stated that on August 17th there will
be a Public Hearing sponsored by UDC on the proposed Theory
Center. The City will have 90 days to respond. All indications
are that the Planning Board will declare a negative resolution
and lie would hope the Common Council will do the same.
313
- 11 -
August S, 1987
He further stated that Betsy Darlington, along -with others,
is circulating a petition, not against the Theory Center,
but against the proposed site. He would hope that some of
the signers of the petition would be from the Engineering
and Architectural Schools at Cornell.
Housing 'Trust Fund
Alderperson Maine stated that copies of a proposal for a
local housing trust fund (revised draft 7/lS/87) have been
handed out. The proposed housing trust fund would provide
a stable source of funds to help provide affordable housing
in Ithaca, it would offset the diminishing pool of Federal
funds for affordable housing. The funds could be used for
new construction, rehab or rent reductions. The uses would
be local decisions rather than program mandates from Washington
or Albany. The Planning Board's report will contain a recommenda-
tion that the Housing Trust Fund concept be implemented in
Ithaca.
Ithaca Farmer's Market
Alderperson Haine reported that Bob Leathers, Consultant,
d- has investigated 4 sites. He wrote off the one at Bostwick
LD Road and the one on Route 13. They had limited appeal because
of their location. The major concern with the Northside
site remains odor and the Farmers' Market showed the committee
m an expanded operation at the Taughannock site with the possibility
Q that they be allowed to remain there.
Cass Park - Second Hockey Rink
Alderperson Haine reported that the Youth Hockey Association
has requested the City of Ithaca consider a proposal to build
a second hockey rink at Cass Park. With only one ice skating
rink in Ithaca and many users competing for ice time there
simply isn't enough time available for the hockey program
or any of the other users. The proposal is for the Youth
Hockey Association to raise private funds to build the rink,
to have it built on City land and then have the City take
over its operation. Once built the Youth Hockey Association
would have first priority for its use. The Planning and
Development Committee is studying the proposal and it will be
reviewed and brought back to Council and the Board of Public
Works at a later date.
Mayor Gutenberger asked that the Youth Bureau Advisory Board
he involved in the discussions.
Residential Parking Permit System
Alderperson Dennis reported that the residential parking
permit system is coming along slowly. He is trying to get
some small groups together in the affected areas and try
to resolve some of the issues that people bring up and then
come up with a plan that will work. The experience of other
cities will be used to help design a system in the City of
Ithaca.
Alderperson Schlather asked that the P&D Committee come up
with a RFP for this site.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Section 30.54 of Chapter 30 Entitled
'Zoning' of the City of Ithaca Municipal Code ( Appeal Procedure
By Alderperson Schlather: Seconded by Alderperson Romanowsci
City Hall Annex
Alderperson
Haine reported that
the appraisal on the City
Hall Annex
is completed. The Planning and Development Committee
would like
of the site
to consider possible
and for sale of the
conditions for development
site. She would like to
have it referred
back to PFD to
have it discussed further.
Alderperson Schlather asked that the P&D Committee come up
with a RFP for this site.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Section 30.54 of Chapter 30 Entitled
'Zoning' of the City of Ithaca Municipal Code ( Appeal Procedure
By Alderperson Schlather: Seconded by Alderperson Romanowsci
314 -12- August 5, 1987
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 30 EN'T'I'T'LED 'ZONING' OF
THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ENACTED BY the Common Council of the City of Ithaca,
New York as follows:
Section 1. That Section 30.54 of the Ithaca Municipal
Code entitled "Enforcement officer; assistance" is hereby
amended to add a new subdivision B which shall read as f=ollows:
B. Any person ordered to comply with the provisions
of this chapter or to cease and desist any use prohibited
by this chapter, and who is in disagreement with the judgment
of the Building Commissioner, may appeal to the Board
of Zoning Appeals, provided that a written statement setting
forth the reasons for such appeal be filed with the secretary
of the Board within 30 days from the service of the order
upon such person and that such appeal be otherwise commenced
pursuant to the provisions set forth in Section 30.58
relating to procedures before the Board. The Building
Commissioner shall notify such person of this right to
appeal and of this 30 day time limitation.
Section 2. That the title of Section 30.54 shall be amended
to read as follows:
30.54 Enforcement officer; assistance; orders and appeals
Section 3. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
Local Law No. of 1987 Adding Section 4.20 to the Charter
of the City of Ithaca (Centennial Fund
By Alderperson Schlather: Seconded by Alderperson Booth
LOCAL LAW NO. OF 1987
BE IN ENACTED by the Common Council of the City of Ithaca
New York, as follows:
SECTION 1. ADDING SECTION 4.20 TO THE CHARTER OF THE
CITY OF ITHACA.
A new Section to be known and designated as Section 4.20
entitled "Centennial Fund" is hereby made a part of the City
of Ithaca Municipal Code to read as follows:
SECTION 4.20 CENTENNIAL FUND
There is hereby established a fund for the commemoration
of the Centennial Celebration of the City of Ithaca which
is authorized to raise by general taxation a sum not exceeding
ten thousand dollars for the year 1987 and 1988, respectively.
SECTION 2. EFFECTIVE DA'L'E.
This Local Law shall take effect upon its being dull= filed
in the office of the Secretary of State subject to the provisions
of Section twenty -four of the Municipal Home Rule Law.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
-13-
August 5, 1987
315
Reorganization of Office of Civil Service and Personnel
Resolution to Lift From Table
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the matter of the reorganization of the Civil
Service and Personnel Offices be lifted from the table.
Carried Unanimously
WHEREAS, the duly constituted Charter Revision Commission
by recommendation dated December 1983 encouraged the consoli-
dation of the Offices of Civil Service and Personnel in the
administration of the Ithaca city government, and
WHEREAS, after extensive discussion, research and public
comment including input from the Ithaca City Civil Service
Commission and review of practices in other municipalities
it appears that in the interest of economy, efficiency and
accountability it is desirable to incorporate the existing
Office of Civil Service into a reorganized Personnel Department
within the City, and
WHEREAS, it is the intent of this Common Council to preserve
the autonomy of the Civil Service Commission and ensure that
it receives the same level of secretarial service and guidance
LO as presently, and
WHEREAS, the Personnel Administrator by report dated March
M 13, 1987 has recommended various options including the following:
Q therefore, be it
RESOLVED, That this Common Council does herewith reorganize
the Civil Service Office and the Office of Personnel within
the City of Ithaca as follows:
(1) The Ithaca City Civil Service Commission shall continue
in existence as an autonomous lay commission, as
presently without change;
(2) the position of Executive Secretary to the Civil
Service Commission is abolished effective October
1, 1987;
(3) the functions and present responsibilities of the
Office of Civil Service shall be assumed by the Personnel
Department and consolidated into that department;
(4) tale position of Personnel Associate shall be created
in the Department of Personnel; the job specifications
and salary line for this position shall be established
upon recommendation of the Budget and Administration
Committee;
(5) the newly reorganized Office of Personnel will be
responsible for all clerical and secretarial functions
and responsibilities necessary in servicing the City
of Ithaca Civil Service Commission.
Discussion followed on the floor.
Alderperson Romanowski stated that he has spoken with 12
or 13 people on this subject and everyone of them have a perception
that this is not a wise move to consolidate a management
position with one which they feel is representing their labor
interests.
Alderperson Dennis stated that this is not an untested procedure.
Its been done in many communities. No employee will be denied
any rights, lose an ounce of power that they have according
to a contract or any other thing that they have because of
the consolidation. We'll do the same Civil Service procedure,
31 f►
-14- August S, 1987
we are under the same laws, there is absolutely nothing changed
for any employee. We are not changing the laws. We're doing
Civil Service but in a different way. We're keeping the
commission, we're keeping the Personnel Director, we'll have
someone in the position of Civil Service Secretary, although
it may not be called that. The process, the procedure, the
rights, the rules, everything is followed the same way.
Alderperson Schlather stated that he would like to reiterate
that historically this was a recommendation by the Charter
Revision Commission and he thinks most important is the fact
that the autonomy of the local Civil Service Commission will
remain. The three local Civil Service Commissioners will
remain an autonomous body. They will continue to have full
authority to act in terms of classification of local positions.
The only difference is that their administrative servicing,
in the other words the person who does the typing, and takes
the Minutes, and publishes the notices on their behalf, in
other words, carries out their mandate will be someone who
will be employed by the Personel Office as opposed to the
separate individual. In terms of accountability, in terms
of efficiency, and in terms of simply streamlining the admin-
istrative aspects of Civil Service functions this is very
sensible and an attractive way to proceed.
Alderperson Hoffman asked if there would be any time when
someone representing the interest of the personnel department
or the interest of the city could have a conflict with someone
who is supposed to be carrying out the letter of the Civil
Service law.
Personnel Director Baker responded that as a personnel officer
you still have responsibility for State and Civil Service
law. You cannot circumvent that law and there are five collective
bargaining units here in the City of Ithaca and they will
see to it that there is certainly no misuse of any of the
laws and any of the powers. But whether it be a personnel
officer or Civil Service Commission we are responsible to
administer the Civil Service law fairly, equitably and
consistently.
Resolution to Table
By Alderperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That the matter of reorganization of the Civil
Service /Personnel Offices be tabled.
Carried Unanimously
Alderperson Schlather will include this item on the agenda
for the next Charter and Ordinance Committee meeting and
the Civil Service Commissioners will be invited to attend.
Ithaca Cable. Communications Regulatory Ordinance
By Alderperson Schlather: Seconded by Alderperson Haine
ORDINANCE NO. 87 -
AN ORDINANCE ADDING CHAPTER 64 ENTITLED "ITHACA CABLE
COMMUNICATIONS REGULATORY ORDINANCE" TO THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York that a new Chapter to be known and
designated as Chapter 64 entitled "Ithaca Cable Communications
Regulatory Ordinance" is hereby added to the City of Ithaca
Municipal Code to read as follows:
(A copy of the Ithaca Cable Communications
Regulatory Ordinance is attached to the Minute Book)
-15- August S, 1987
Alderperson Schlather stated that this is not a franchise
agreement. The Charter and Ordinance Committee met in joint
session with the Budget and Administration Committee and
because of outstanding issues with respect to access, two -way,
and other issues concerning transfer language, etc. it is
the recommendation of the CFO Committee that this Common
Council make a preliminary assessment that the proposal for
renewal of the franchise be denied. Independent of that,
the Charter and Ordinance Committee would like to recommend
that the Cable Ordinance be enacted.
Alderperson Booth remarked that it is important to note that
when Charter and Ordinance discussed this, the negotiations
had not broken down. He stated that Alderperson Schlather
should speak to the argument that was made tonight that the
Council should defer acting on this until the negotiations
are completed.
Alderperson Schlather responded that if the City passes the
resolution that the Budget and Administration Committee is
i
recommending, which is
the preliminary assessment of denial
of
franchise, the next
step will be for administrative
hearings
�,
at
which various issues
concerning the community needs
and
LO
the
proposals response
to the community needs will be
measured.
In
the meantime, though,
having made this preliminary
assessment,
M
the
City is in effect
going to be casting about to see
whether
<
there
are other people
interested in setting up shop here
in
the City of Ithaca.
The present franchise expires
January
20,
1988.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Alderperson Romanowski commented that he can vote on the
(6000, Cable Ordinance but lie cannot vote on the franchise itself
as there is a conflict of interest due to his employment.
Introduction of Cayuga Inlet Bikeway Project and Provision
for Public Notice and Public Hearing
By Alderperson Schlather: Seconded by Alderperson Dennis
WHEREAS, The City of Ithaca and the New York State Office
of Parks, Recreation and Historic Preservation have entered
into an agreement to construct a public bikeway path along
the Cayuga Inlet in the City and Town of Ithaca for the benefit
of the general public, and
WHEREAS, as part of said agreement the City of Ithaca was
to acquire a permanent easement in certain privately held
lands along the Inlet for the purposes of this bikeway, and
WHEREAS, efforts to neogtiate acquistion of said interests
in said privately held lands have proved unsuccessful and
it appears to be necessary to condemn said interests pursuant
to the Eminent Domain Procedure Law of the State of New York
in order to acquire the interests necessary for said bikeway
project; now, therefore, be it
RESOLVED, That the Budget and Administration Committee of
the Common Council of the City of Ithaca shall hold a public
hearing on Thursday, August 27, 1987 at 7:30 p.m. in the
Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York in order to inform the public and to review
the public use to be served by the proposed bikeway project
and the impact on the environment and residents of the locality
where such project will be constructed, and be it further
31'7
318
-16-
August 5, 1987
RESOLVED, That the City Clerk is directed to give notice
to the public of the purpose, time and location of said public
hearing setting forth the proposed location of the public
project including any proposed alternative locations, at
least ten but no more than thirty days prior to such public
hearing by causing such notice to be published in at least
five successive issues of the Ithaca Journal, and be it further
RESOLVED, That the Planning Department of the City of Ithaca
is directed to conduct an appropriate environmental review
of the proposed bikeway project in accordance with local
and state law.
Carried Unanimously
Amendments to Chapter 36 of the Municipal Code Environmental
Quality Review - Determination of Non- significance
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, the matter of amending Chapter 36 of the Ithaca
Municipal Code so as to provide for discretionary approval
of projects in or near critical environmental areas and
clarifying the definition of critical environmental areas
is currently under consideration by this Common Council,
and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Short Environmental Assessment
Form (SEAF) and a Long Environmental Assessment Form (LEAF),
filed in the City Clerk's Office, and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEQRA),
and the Part 617 regulations thereunder, and may be a Type
I action under the City Environmental Quality Act (E.Q.R.
36.5 (B) (S)), and
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will provide
for additional protection against the possible adverse environ-
mental impacts of development in or near critical environmental
areas; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth in the attached SEAF
and LEAF, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
the attachments, in the City Clerk's Office and forward the
same to the office of the Planning Department and any other
parties required by law.
Carried Unanimously
Ali Ordinance Amending Section 36.2 of Chapter 36 of the Ithaca
Municipal Code Amending City Environmental Quality Review
Act - Ministerial Act Provisions
By Alderperson Schlather: Seconded by Alderperson Dennis
WHEREAS, the City of Ithaca has acted in many ways to protect
its natural and built environments, including its adoption
and implementation of Chapter 36 - Environmental Quality
Review -of the Ithaca Municipal Code, and
-17- August 5, 1987
WHEREAS, the environmental review provisions of said Chapter
36 have not been applied to decisions involving the issuance
of building permits because those decisions have been treated
as ministerial actions, and
WHEREAS, any new construction and development activities
occurring in or next to critcal areas may have significant
adverse effects on those areas and on the surrounding environment,
and
WHEREAS, city officials should carefully review and consider
those potential impacts as provided in said Chapter 36, and
WHEREAS, Ithaca's gorges are among its most fragile and important
environmental resources; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca adopts
the following amendments to Chapter 36 of the Ithaca Municipal
Code.
That Subdivision A, Section 36.2 be amended as follows:
A. Unless the context shall otherwise require or unless
otherwise provided in this Section, the terms, phrases, words
and their derivatives used in this ordinance shall-have the
same meaning as those defined in Section 8 - 0105 of the
Environmental Conservation Law and Part 617 of Title 6 of
the New York Code of Rules and Regulations (NYCRR).
Section 2. Amending Section 36.2 of Chapter 36 of the
City of Ithaca Municipal Code.
That paragraph 15, Subdivision A, Section 36.2 be amended
as follows:
1S. Ministerial action: an action performed upon a given
statement of facts in a prescribed manner imposed
by law without exercise of any judgment or discretion
as to the propriety of the action, such as the grant
of a driver's license, although such law may require,
in some degree, a construction of its language or
intent. Provided that, "ministerial action" shall
not include the issuance of any building permit or
any other permit or approval that allows any land
alteration, new construction, or significant expansion
of any existing structure or facility for any project
occurring wholly or partially within or contiguous
to any critical area listed in Subparagraph I, Para-
graph 1, Subdivision B of Section 36.5 of this Chapter.
Section 3. Amending Section 36.5 of said Chapter
That Part iii, Subparagraph I, Paragraph 1, Subdivision
B of Section 36.5 be amended as follows:
319
ORDINANCE NO. 87 -
AN
ORDINANCE
AMENDING CHAPTER 36 - ENVIRONMENTAL QUALITY REVIEW
Lo
OF THE
CITY OF
ITHACA MUNICIPAL CODE.
17
BE
IT ORDAINED AND ENACTED by the Common Council of the
City
of Ithaca,
New York as follows:
Section
1.
Amending Section 36.2 of Chapter 36 of the
City
of Ithaca
Municipal Code.
That Subdivision A, Section 36.2 be amended as follows:
A. Unless the context shall otherwise require or unless
otherwise provided in this Section, the terms, phrases, words
and their derivatives used in this ordinance shall-have the
same meaning as those defined in Section 8 - 0105 of the
Environmental Conservation Law and Part 617 of Title 6 of
the New York Code of Rules and Regulations (NYCRR).
Section 2. Amending Section 36.2 of Chapter 36 of the
City of Ithaca Municipal Code.
That paragraph 15, Subdivision A, Section 36.2 be amended
as follows:
1S. Ministerial action: an action performed upon a given
statement of facts in a prescribed manner imposed
by law without exercise of any judgment or discretion
as to the propriety of the action, such as the grant
of a driver's license, although such law may require,
in some degree, a construction of its language or
intent. Provided that, "ministerial action" shall
not include the issuance of any building permit or
any other permit or approval that allows any land
alteration, new construction, or significant expansion
of any existing structure or facility for any project
occurring wholly or partially within or contiguous
to any critical area listed in Subparagraph I, Para-
graph 1, Subdivision B of Section 36.5 of this Chapter.
Section 3. Amending Section 36.5 of said Chapter
That Part iii, Subparagraph I, Paragraph 1, Subdivision
B of Section 36.5 be amended as follows:
319
320
-18- August 5, 1987
(iii) Fall Creek (including its associated gorge between
the outlet of Beebe Lake and Lake Stree), Six Mile
Creek (including its associated gorge between the
southern boundary of the City and Aurora Street),
Cascadilla Creek (including its associated gorge
between Campus Road and Linn Street), Silver Creek,
and the Cayuga Inlet, along their entire courses
within City boundaries.
Section 4. Effective Date
This ordinance shall take effect Immediately and in accordance
with law upon publication of a notice as provided in Section
3.11 (B) of the Ithaca City Charter.
Alderperson Booth explained that this amendment is to amend
the City's S.E.Q.R. ordinance in such a way that building
permits and other approvals for land development in or adjacent
to critical areas listed in that ordinance would not
be ministerial acts. He also advised that the City is going
to have to review the entire S.E.Q.R. ordinance because the
state has re -done .its S.E.Q.R. regulations.
Alderperson Schlather noted for the record that the area
referred to in the ordinance as Silver Creek is also known
as Cliff Park Brook which is located on Nest Hill.
A vote on the resolution resulted as follows:
Carried Unanimously
Simeon's Restaurant Dining Permit
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the outdoor dining permit issued to Simeon's
Restaurant be extended until October 15, 1987.
Ayes (G) - Maine, Romanowski, Schlather, Hoffman, Dennis,, Lytel
Nay (1) - Booth
Carried
HUMAN SERVICES COMMITTEE:
Attack Dogs - SPCA Perspective
Alderperson Romanowski reported that at the request of Alder-
person Killeen to investigate the possibility of Pit Bull
legislation for the City of Ithaca, the Human Services Committee
invited Robin Remick, SPCA; Kit Brown from the Kennel Club;
Sue Green, Animal Control Officer for the City of Ithaca
for specific disucssion on Pit Bull legislation and in general
what their view is. Kit Brown of the Kennel Club discussed
the Staffordshire Terrier, which is'a Pit Bull, breeding,
training, and specifics of the dog. Susan Green, the Animal
Control Officer, discussed her problems in the City of Ithaca
trying to administer our City ordinance on animals. Robin
Remick of the SPCA, stated it is not a dog problem but a
people problem. There will be further discussion and a possible
resolution at the next Human Services Committee meeting.
Non - Mandated Funding Request (1)
T-1 erperson Romanowski stated that specific amounts for requesting
agencies were reviewed at the Human Services Committee meeting.
He gave a breakdown of figures for these agencies. 'J
Alderperson Lytel asked why it was recommended that Tompkins
County Area Development Corporation be granted smaller increase
in the 1988 budget.
Alderperson Booth stated that what the committee voted to
recommend to the Mayor was an increase for TCAD, but that
there be a notation that the increase receive a very low
priority because the strength of their proposal that we received
was substantially less than the other proposals.
-19- August S, 1987
Special Request From Tompkins - Cortland Labor Coalition (2)
Alderperson Romanowski reported that Tompkins- Cortland Labor
Coalition presented a request for consideration of submitting
an application for funding even though the deadline for such
a request for 1988 monies has passed.
Police Department Review
Alderperson Romanowski stated that committee members are
still gathering information and they should have a report
in a month or so.
BUDGET AND ADMINISTRATION COMMITTEE:
D.P.W. Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Authorized Equipment List of the
Department of Public Works be amended to include the purchase
of carpeting and appliances for the caretaker's apartment
in the new youth Bureau building, at a cost not to exceed
$2,800, as requested by the Board of Public Works, and be
it further
RESOLVED, That an amount not to exceed $2,800 be transferred
from Account A1990, Contingency, to Community Service Building
Ln Account A1623 -205, Furniture and Fixtures.
Carried Unanimously
M Youth Bureau Authorized Equipment List
Q By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Authorized Equipment List of the
Youth Bureau be amended to include the purchase of one ice
machine for Cass Park, at a cost not to exceed $1,200, as
requested by the Youth Bureau Director, and be it further
RESOLVED, That an amount not to exceed $1,200 be transferred
within the accounts of the Youth Bureau from A7310 -476, Equipment
Maintenance, to A7310 -225, Other Equipment.
Carried Unanimously
Youth Bureau Phone System
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That an amount not to exceed $7,499 be transferred
from Account A1990, Contingency, to Youth Bureau Account
A7310 -405, Telephone to provide for an electronic key telephone
system.
Alderperson Dennis explained that the bid for the Youth Bureau
Phone System was going to be awarded to All -Mode Communications,
Inc. but there has been a challenge to the bid. Purchasing
Agent Clynes and the Board of Public Works will be meeting
next week to check the bids and make a determination on the
award of the bid.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Dennis, Haine, Hoffman, Schlather, Lytel
Abstention (1) - Romanowski (conflict of interest)
Carried
Rice Associates Contract
By Alderperson Dennis: Seconded by Alderperson Schlather
(600,41 RESOLVED, That an amount not to exceed $9,500 be transferred
from Account A1990, Contingency, to Planning Department Account
A8020 -435, Contractual Services to provide additional funding
for services being provided by Rice Associates on franchise
renewal.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
321
322
-20-
August 5, 1937
Cable Franchise Renewal
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That upon the recommendation of the Budget and
Administration and Charter and Ordinance Committees, this
Common Council makes a preliminary assessment that the cable
franchise not be renewed.
Alderperson Lytel stated that we received a request earlier
this evening from Mike Whitiam, Manager of ACC, that we delay
action on our ordinance. Alderperson Lytel pointed out to
Council and members of the press that the City continues
to have a standing offer to ACC that we would agree to extend
the deadline for taking this action by another thirty days.
ACC has refused that offer making this action a necessary
action - -to stand up for the things that we believe are critically
important in a new franchise agreement. I-ie believes the
City made a good faith effort to come to terms by a reasonable
deadline. Another thirty days would be exceptionally helpful
and he think it's regretable that the level of conflict needs
to be increased, but this is the action that to his feeling
the City has been forced to take.
Alderperson Booth asked that Alderperson Schlather explain
"for the record" why we are adopting this resolution.
Alderperson Schlather stated that "a request for proposal
was made by the City wherein we set certain minimum criteria.
ACC was the only compare that responded to that request with
a proposal, that in our judgment, did not meet those minimum
criteria in certain very important respects. The two most
prominent issues were in the area of-two-way and the area of
public access.
Over a course of four months the City and ACC have negotiated
or massaged their proposal to a point that we were able to
narrow the areas of disagreement but there are still several_
:items that are unresolved. The ACC proposal does not meet
our minimum criteria, which criteria were established based
on what the City had determined to be the community needs.
In a sense we are saying, preliminarily, based on what we
can see on the face of it, this franchise should not be renewed
because the proposal does not meet community needs. However,
the Federal law now requires that ACC, if in fact we make
this assessment of denial, the law then permits ACC to request
an administrative hearing, in writing, and from the comments
that have been made, I suspect that such a request will be
made. Once that request is received the City then must appoint
a hearing officer who will conduct a fact finding hearing
as to where and how this proposal does not meet community
needs, using criteria that is set forth in the Federal law.
At that point in time we will be able, after the fact finding
is complete, to either reject or go forward with the franchise
and at that time, in a sense, we will be more informed.
We have to make a decision now because under the law if we
don't make the decision today, we are forfeiting our right
to make that decision. In fact the proposal is deemed to
be accepted by operation of law unless we make this assessment.
We must act today if we want to continue to pursue what we
believe are necessary proposals that would satisfy community
needs.
ACC has been very up -front about the fact that they want
to continue negotiating and we would like to continue negotiating.
The City hopes to be back at the table in the next couple
of weeks but if we do not come to terms come the September
Council meeting there will be a request for authorization
and funding for an administrative hearing officer so that
is something that will have to be reviewed through the Budget
and Administration Committee."
-21- August 5, 1987
A vote on the resolution resulted as follows:
Ayes (6) - Dennis, Booth, Schlather, Iiaine, Lytel, Hoffman
Abstention (1) - Romanowski (conflict of interest)
Carried
Architectural Services
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Robert Beohlecke be retained to do a preliminary
design including cost estimates for the remodeling and Code
(4000, update of the G.I.A.C. Building, at a cost not to exceed
$5,000. the options to be considered are as follows:
1. Bring property up to Code and fix the heating system without
any change in present usage.
RESOLVED, That an amount not to exceed $5,000 be provided
from Capital Reserve #25 - Capital Improvements.
Carried Unanimously
Alderperson Salary - Motion to Table ($5,500)
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Local Law establishing the annual salary
of Alderpersons of the City of Ithaca at $5,500 be tabled.
Carried Unanimously
Alderperson Salary - Motion to Table ($6,000)
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Local Law establishing the annual salary
of Alderpersons of the City of Ithaca at $6,000 be tabled.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the bills presented, as listed on Audit Abstract
#14/1987, in the total amount of $22,576.12, be approved
for payment.
Carried Unanimously
NEW BUSINESS:
G.I.A.C. -South East Asian Refugee Association
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That this Common Council approves the lease of
Room 210 of G.I.A.C. premises to the South East Asian Refugee
Association for a six month term commencing September 1,
1987 at a monthly rental of $230.00 with option to renew
upon mutual agreement of the parties, which lease shall be::,.
the conventional City lease form as approved by the City
Attorney.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 P.M.
Callista F. Paolangeli� ` hn C. Gutenberger
City Clerk �ayor
323
2. Bring property up
to Code
and fix the heating system with
addition of full
time day
care facility on first floor.
3. Bring property up
to Code
and fix the heating system with
addition of full
time day
care facility on first floor;
Iq
educational use,
including
kitchen and mixed use, on second
floor.
LO
4. Installation of elevator
in
combination with the above
m
three items.
Q
and be it further
RESOLVED, That an amount not to exceed $5,000 be provided
from Capital Reserve #25 - Capital Improvements.
Carried Unanimously
Alderperson Salary - Motion to Table ($5,500)
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Local Law establishing the annual salary
of Alderpersons of the City of Ithaca at $5,500 be tabled.
Carried Unanimously
Alderperson Salary - Motion to Table ($6,000)
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Local Law establishing the annual salary
of Alderpersons of the City of Ithaca at $6,000 be tabled.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the bills presented, as listed on Audit Abstract
#14/1987, in the total amount of $22,576.12, be approved
for payment.
Carried Unanimously
NEW BUSINESS:
G.I.A.C. -South East Asian Refugee Association
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That this Common Council approves the lease of
Room 210 of G.I.A.C. premises to the South East Asian Refugee
Association for a six month term commencing September 1,
1987 at a monthly rental of $230.00 with option to renew
upon mutual agreement of the parties, which lease shall be::,.
the conventional City lease form as approved by the City
Attorney.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 P.M.
Callista F. Paolangeli� ` hn C. Gutenberger
City Clerk �ayor
323