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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 -4- 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