HomeMy WebLinkAboutMN-CC-2010-05-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. May 5, 2010
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker,
Myrick, Cogan, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning & Development Director – Cornish
Community Development Director – Bohn
Superintendent of Public Works – Gray
GIAC Deputy Director – McBean-Clairborne
Youth Bureau Director - Green
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Peterson presented Quarterly Employee Recognition Awards to the following people:
• Suki Tabor – Youth Program Coordinator, Ithaca Youth Bureau, for her suggestion
through the “Employee Input Program” of installing a solar hot water tank on the roof of
the Youth Bureau building. This suggestion was included with the city’s grant application
to NYSERDA, which was funded, to improve energy efficiencies in city facilities.
• Ithaca Fire Department – Fire Fighters Dean Hathaway, Ron Pirko, and Roy Trask for
their development and implementation of fire safety educational programs directed
towards children. As a result of participating in one of these programs at the Ithaca
Child Care Center, a three-year old child woke her mother upon hearing a smoke
detector, and both escaped a kitchen fire unharmed.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Town of Ithaca Supervisor, Herb Engman, reported to Common Council on the following items:
The Town Supervisor and the Mayor meet on a monthly basis and the Town and City are
working cooperatively on the following projects:
Sewage Interceptor Projects
First Energy Coal Tar Lawsuit
NYSERDA Grant to find energy efficiency improvements at the Waste Water Treatment
Plant
TCCOG Initiatives (Cell Tower Law / Health Care Consortium / Animal Control)
The Town and City fund shared service initiatives such as:
Fire services, recreation services, TCAT, and the Tompkins County Library.
Supervisor Engman further reported that Pine Tree Road is being reconstructed to provide for a
wider roadway that will accommodate bicyclists. The Town is working with NYSDOT and Cornell
University on this project. The Town is also developing an off-road trail in the area of Route 366
and Maple Avenue.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Richard Monclova, owner of Orange Blossom Pancake House, addressed Council to voice
concerns of the actions and abuse of authority of Building Department staff, the withholding of
the certificate of occupancy for his business, and sign permit issues.
Travis Brooks, Youth Supervisor, GIAC, addressed Council regarding issues in the community
since Shawn Greenwood’s death. He noted that information from the police investigation would
soon be presented to the District Attorney and that the community would be struggling to turn
this tragedy into positive change. He further stated that the community is still waiting for the
answers to questions raised at the Community Reflections Forum. He said that it would be
helpful for Common Council members to get out into the community to talk with residents and
help them through this tragedy.
May 5, 2010
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Jen Brown, Dragon Boater, addressed Council in support of the proposed resolution regarding
the leasing of a dock for use by the Dragon Boat Club. She encouraged Council not to “out
price” this community activity.
Vito Brancato, member of the Dragon Boat Club, addressed Council in support of the proposed
resolution regarding the leasing of a dock for use by the Dragon Boat Club. He stated that he is
a great believer in outdoor education and over the past five years more than 1,000 children
have been able to participate in the floating classroom supported by the Dragon Boat Club. He
noted that the Club has never charged a fee to schools for this opportunity.
Sally Lockwood, member of the Dragon Boat Club, addressed Council in support of the
proposed resolution regarding the leasing of a dock for use by the Dragon Boat Club. She noted
that this is one of the only water sports where a vehicle is not needed to participate. She further
commented that the Dragon Boat Club provides a broad socio-economic community program.
Elizabeth Butler, Town of Lansing, member of the Dragon Boat Club, addressed Council in
support of the proposed resolution regarding the leasing of a dock for use by the Dragon Boat
Club. She noted that this activity gets the community out on the water and is economically
inclusive.
Dan Krall, Chair of the Parks Commission, addressed Council to report that the Parks
Commission has discussed the request of the Dragon Boat Club for the use of the docks. Their
discussions focused on the topic of exclusive use for an exclusive group noting that although
other uses of park land may be exclusive, they are for short durations, not for full-time. He
noted that it may be better to make comprehensive decisions about use of park land instead of
one group at a time. The Parks Commission feels that public land should be kept public.
Leslyn McBean-Clairborne, GIAC Deputy Director, addressed Council in support of the
proposed resolution regarding the leasing of a dock for use by the Dragon Boat Club. She
further addressed Council to inform them that the community is still waiting for answers to
questions that were raised at the Community Reflections Forum held on March 9th. She thanked
Alderpersons Rosario and Clairborne for their work on this issue and encouraged all Common
Council members to get involved with the community.
James Lukasavage, City of Ithaca, addressed Council in support of fair clean air enforcement
and voiced concerns regarding the recent adoption of the outdoor smoking ordinance for
various public spaces in the City of Ithaca.
Joel Harlan, Town of Newfield, addressed Council to encourage Common Council members to
get involved with the community through the Friendship Center and Loaves and Fishes.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Clairborne responded to comments made about the need for Common Council
members to respond to community members’ concerns and questions that have arisen since
the death of Shawn Greenwood.
He further announced that Lou “the hot dog guy” Cassaniti is holding a fund raiser for the
Tompkins County SPCA on Friday, May 7th, and would like to have Common Council members
act as “celebrity servers”. He further announced that the following City of Ithaca employees
have been named in the 2010 class of “20 Outstanding Women You Should Know” – GIAC
Deputy Director Leslyn McBean-Clairborne, GIAC Executive Assistant Lana Milton, and Youth
Bureau Recreation Supervisor Joanie Groome.
Alderperson Rosario thanked all the speakers for their comments. He noted that he is pleased
with the Town of Ithaca’s project on Pine Tree Road. He further responded to comments made
about the outdoor smoking ordinance.
Alderperson Coles stated that the staff members of the Building Department have been
essential in following up on critical issues in the First Ward and noted how residents appreciate
their efforts. She further stated that Building Commissioner Radke has been attending the West
Hill and South Hill Neighborhood Association meetings as well.
Alderperson Dotson stated that she echoes the comments made by Alderperson Coles and
noted that Common Council members do check in with departments to follow up on issues
raised by their constituents. She thanked Travis Brooks and Leslyn McBean-Clairborne for their
comments as well.
Alderperson Zumoff stated that he thinks the Building Department does an excellent job, but
acknowledged that there are two sides to every story, and he appreciates hearing about
concerns. He expressed his appreciation for all the fine work that city departments perform.
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Mayor Peterson acknowledged the work being done on issues facing the Police Department
and the community as a result of the death of Shawn Greenwood. She stated that the City is
trying to find adequate funds for summer jobs for young people, especially young people of
color between the ages of 16 and 24. She has been working with staff of the IURA to find
funding sources. She further noted that Third Ward resident, Donna Fleming, requested that she
explain the history of Mother’s Day, since it is this weekend. Mother’s Day was established by
mothers who lost their sons to the carnage of the Civil War. They joined together in protest of
the war, and to encourage public activism and peace.
CONSENT AGENDA ITEMS:
City Administration Committee
8.1 DPW - Approval of Contested 2008 Sidewalk Assessments, Group 2 of 2 -
Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, notices of defect, public hearings and notices of assessments were provided to
property owners related to the installation and repair of their sidewalks in 2008, and
WHEREAS, the Board of Public Works has reviewed each such protest/appeal and the
documentation related to the 2008 Contested Sidewalk Assessments and made the following
determinations of assessments:
405 Aurora N Patricia Carlson 49.-6-9 $422.15
405 Aurora N Patricia Carlson 49.-6-91 $4,839.78
128 Linn James W Carroll 49.-5-2 $1,211.81
now, therefore be it
RESOLVED, That the Common Council directs the City Chamberlain to collect such
assessments, and be it further
RESOLVED, That these assessment bills shall be payable in accordance with C-73 Sidewalks,
Section E - Assessments for Sidewalk Improvements.
Carried Unanimously
8.2 DPW - Request to Amend Personnel Roster - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, the Commons, Seneca St. Garage and the Green St. Garage is the center of the
downtown business district where there is heavy pedestrian and vehicular traffic, and
WHEREAS, the Commons crew that works in the Green St. Garage, the Seneca St. Garage
and on the Commons is required to operate tractors, sweepers and trucks in this congested
environment, and
WHEREAS, the Department of Public Works (DPW) management recommends that equipment
operators have a valid NYS class D driver’s license to insure the safety of the public as well as
that of the employees; now, therefore be it
RESOLVED, That Common Council hereby amends the 2010 DPW Authorized Personnel
Roster as follows:
Add: One (1) Building and Grounds Maintenance Worker
Delete: One (1) Custodial Worker
and be it further
RESOLVED, That funds necessary for said roster amendment shall be derived from the existing
2010 DPW budget.
Carried Unanimously
8.3 DPW - Request to Amend 2010 Authorized Budget for Grant Funding - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, Tompkins County Health Department notified the City of Ithaca that they have
received at $7,700 grant from the NYS Tobacco Control Program Community Partnership Grant
for the purchase of smoke-free signs at various locations within the City, and
WHEREAS, the City recently passed an ordinance for outdoor smoking limitations, and
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WHEREAS, the $7,700 in pass through state grant funding has been received by the City for
the purpose of smoke-free signs; now, therefore be it
RESOLVED, That Common Council hereby amends the 2010 Department of Public Works
Budget to account for said NYS Tobacco Control Program Community Partnership Grant
purchase of smoke-free signs as follows:
Increase Revenue Account:
A3311-3989 Traffic Control – State Aid $7,700
Increase Appropriations Account
A3311-5482 Traffic Control – Signs $7,700
Carried Unanimously
8.4 GIAC - Request to Amend Personnel Roster - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, the Greater Ithaca Activities Center (GIAC) has three (3) funded administrative
support positions on the roster that provide assistance and support to staff, participants and
members of the public, and
WHEREAS, to better meet organizational needs, GIAC would like to replace an Office Assistant
position, which is currently funded at $28,103 for 35 hours per week in the 2010 budget, with a
GIAC Program Assistant position, which shall be funded at a 2010 annual salary of $27,095 for
37.5 hours per week, and
WHEREAS, this staffing change can be made with the existing funding in the GIAC Staff Salary
account, now, therefore, be it,
RESOLVED, That Common Council hereby amends the 2010 Authorized Personnel Roster for
GIAC as follows:
Add: One (1) GIAC Program Assistant (37.5 hours)
Delete: One (1) Office Assistant (35 hours)
and, be it further
RESOLVED, That this staffing change shall be made within the existing 2010 Authorized GIAC
budget.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
Director of Planning & Development JoAnn Cornish reported to Common Council that the work
on the Comprehensive Plan has been deferred until January, 2011 due to short staffing and an
overload of important projects. The Collegetown Project is the department’s top priority.
CITY ADMINISTRATION COMMITTEE:
10.1 IURA - NYSERDA Energy Conservation Grant Award - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca was awarded grant funding in the amount of $250,968 from the
New York State Energy & Research Development Authority (NYSERDA) through RFP #10 for
the following projects:
Project Grant City Match Total
Energy Management/Sustainability Personnel
$135,156 $0 $135,156
Solar Thermal Hot Water Installations at 3 City
Buildings – S&F, Cass Park & IYB $115,812 $13,500 $129,312
Totals: $250,968 $13,500 $264,468
WHEREAS, to implement this grant award requires the following actions:
1. creation of a new employment position for a 12-month, temporary “Energy Sustainability
Project Manager” position;
2. authorization to utilize $13,500 of the $68,000 balance in the City capital reserve
account established to ”finance energy conservation projects” as City match funding;
3. establishment of a capital project to advance project expenses prior to reimbursement
from NYSERDA; and
May 5, 2010
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WHEREAS, the City has no obligation to continue funding the Energy Sustainability Project
Manager position after grant funding is exhausted; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2010 authorized personnel roster of
the Department of Planning and Development as follows:
Add: One (1) Temporary Energy Sustainability Project Manager
– Capital Project Funded
and, be it further
RESOLVED, That said temporary position shall be authorized for 12 months and be dissolved
once the NYSERDA Grant funds are fully expended, and be it further
RESOLVED, That the position of Energy Sustainability Project Manager shall be assigned to
the CSEA Administrative Unit at salary grade 21, and be it further
RESOLVED, That Common Council hereby establishes an eight (8) hour standard workday
(forty 40) hour standard workweek) for the position of Energy Sustainability Project Manager for
the sole purpose of determining days worked reportable to the New York State and Local
Employees’ Retirement System, and be it further
RESOLVED, That Common Council hereby establishes Capital Project #758 Energy
Conservation City Facilities in the amount not to exceed $272,500, including financing costs, for
the purposes of accounting for said NYSERDA Grant, and be it further
RESOLVED, That Common Council hereby authorizes the transfer of funds in the amount not to
exceed $13,500 from Capital Reserve #24 Energy Program Improvements to Capital Project
#758 Energy Conservation City Facilities for purposes of funding the local cash match for the
NYSERDA Grant, and be it further
RESOLVED, That funds necessary for said capital expenses will be funded by the issuance of
Bonds or a General Fund advance with later repayment from NYSERDA, and be it further
RESOLVED, That upon advice of the City Attorney, the Mayor is authorized to sign any and all
documents necessary to implement this resolution.
Carried Unanimously
10.2 GIAC - Request to Amend GIAC Pool Improvements Capital Project #755 -
Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, GIAC is in need of Bath House Improvements at the Alex Haley Pool at a cost of
$19,000, and
WHEREAS, an anonymous donor has stepped forward to fund the improvements in that
amount, and
WHEREAS, Common Council established Capital Project #755 GIAC Pool Improvements in the
amount of $50,000 to make various improvements; and
WHEREAS, it is recommended that the Capital Project be amended by the amount of the bath
house improvements; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #755 in an amount not to
exceed $19,000 for a total Project authorization of $69,000 for the Bath House Improvements at
the Alex Haley Pool, and be it further
RESOLVED, That Common Council hereby accepts the donation with thanks to the anonymous
donor which will be used to fund said Bath House Improvements.
Alderperson Clairborne disclosed that he is a member of the GIAC Board of Directors and that
his wife is the Deputy Director of GIAC. He noted that no conflict of interest exists, so he will
vote on this resolution.
A vote on the Resolution resulted as follows:
Carried Unanimously
May 5, 2010
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10.3 Attorney’s Office - Authorization of Additional Monies for Contractual Services for
Law Department - Resolution
By Alderperson Coles: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca’s Law Department has a regular staff consisting of two full-time
Assistant City Attorneys, one half-time Assistant City Attorney (who works only on City Court
matters) and the City Attorney, who is 4/5 time; and
WHEREAS, one of the full-time Assistant City Attorneys (who specialized in labor and
employment law matters) left the office on leave on January 8, 2010, and resigned as of
February 12, 2010; and
WHEREAS, the City Attorney requested and the Vacancy Committee has approved the refilling
of the vacant Assistant City Attorney position; and
WHEREAS, that position was advertised, and a Search Committee as required by the City Code
has been established and is reviewing applications; and
WHEREAS, the earliest that an appointment to that vacant position could be brought to
Common Council for approval would be in June, and a new hire may not be available to start
until July; and
WHEREAS, the “savings” to the City as a result of the vacancy was approximately $1,370 per
week during the period of the leave (4 weeks) and approximately $1,950 per week since then,
which savings is expected to total approximately $44,480 through July 2nd (representing
approximately 20 weeks in addition to the leave period); and
WHEREAS, the Vacancy Committee also approved the hiring of a temporary, part-time (16-20
hours/week) Associate Attorney to ease the burden of other (non-employment) cases on the
remaining attorneys, which temporary position (if it runs for 12 weeks) is expected to cost the
City approximately $6,000; and
WHEREAS, based on the afore-mentioned projected savings, the City Attorney proposed and
the Mayor approved the retention of special, outside counsel with expertise in labor and
employment law to assist the City Attorney’s office (and the Human Resources Department) in
that field until the vacant Assistant City Attorney position can be filled, with the expectation that
all or most of the cost thereof would be covered by said savings; and
WHEREAS, the actual cost of such special counsel has been $37,400 through March 31, 2010,
significantly higher than expected due to the number and complexity of unresolved labor and
employment matters in which the City is currently engaged; and
WHEREAS, the cost of said special counsel to date, coupled with the anticipated cost of the
temporary, part-time Associate Attorney (through June), has already approximately equaled the
projected, total savings from the vacant Assistant City Attorney position, with at least 12 weeks
remaining before that vacancy is filled, representing an estimated additional cost (for special
counsel) of $30-35,000 for that remaining, 12-week period; and
WHEREAS, in its 2010 budget, Common Council reduced the City Attorney’s budget for
contractual services (which includes outside counsel) from $27,000 (as requested for 2010,
consistent with recent allocations) to $10,000, based on recent, actual experience, which
budgeted amount however leaves little funding available beyond the cost of interns; now
therefore be it
RESOLVED, That Common Council hereby approves an amount not to exceed $35,000 for
contractual services in the Law Department budget for 2010 (Account A1420-5435), and directs
that said amount be transferred from Unrestricted Contingency (Account A1990).
Carried Unanimously
10.4 Attorney’s Office - Authorization of Revocable License to Use City Parkland for
Ithaca Asian American Association (Dragon Boat Club) - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca recently completed construction of two new docks at Cass Park,
one purpose of which is to allow members of the public to launch, dock and/or return human-
powered craft (such as canoes and kayaks); and
WHEREAS, the new docks were fully funded by a federal grant that was administered by the
Ithaca Urban Renewal Agency; and
WHEREAS, the new docks complement an existing dock at the same location, which is
intended for the same purposes and will remain available; and
May 5, 2010
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WHEREAS, the Ithaca Asian American Association (IAAA) has requested permission to reserve
one of the new docks for the docking of two dragon boats during the 2010 boating season (i.e.,
from late April until October 30, 2010) and to place a small storage shed for supplies related to
Dragon Boats (approximately 10’ x 12’) on land adjacent to the dock; and
WHEREAS, the IAAA sponsors the Dragon Boat Club and has organized the annual Dragon
Boat Festival and other activities intended to promote the appreciation and enjoyment of dragon
boats and their cultural significance, and to enhance the appeal of Ithaca as a focal point for
dragon boat enthusiasts; and
WHEREAS, membership in the Dragon Boat Club is open to anyone, without discrimination;
and
WHEREAS, since the City has not previously had three docks of this type at this location, it is
not known what the public demand will be for their use, which information can only be derived
with certainty from the actual experience of at least one boating season; and
WHEREAS, since the process of placing a typical canoe or kayak in the water, or removing it
from the water, takes only a few minutes, and since it is not anticipated that the users of such
craft will be docking them at this site for extended periods of time (and, in any case, will be
limited to daytime use and docking, unless permission for extended docking is granted by the
City), it is anticipated at this time that public demand can be met by allowing unrestricted public
use of two of the three docks; and
WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (“Use of City
Real Property”), such use of City parkland (for an event lasting more than five days at a time or
that occurs more than four times over the course of a year) requires the approval of Common
Council; and
WHEREAS, Chapter 170 anticipates that the exclusive (or semi-exclusive) use of City property
(pursuant to a permit, license or lease) will normally be subject to a fee intended to represent
the fair rental value of such property; now therefore be it
RESOLVED, That the Common Council finds that the proposed reservation of one of the three
docks at the Cass Park site, for the dragon boats of the Ithaca Asian American Association’s
Dragon Boat Club, during the 2010 boating season, constitutes a recreation-related use of Cass
Park, which use is not expected to significantly compromise the public’s ability to enjoy the park
or the dock facility as intended, and in fact could enhance the overall quality of the park’s appeal
and benefit to the public, for those who enjoy participating in and/or observing dragon boat use
and racing; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor - upon consultation with
the appropriate Department Heads as to form and compliance with all applicable laws, rules and
regulations, and upon receipt of a properly completed application from the IAAA - to issue a
revocable license to the Ithaca Asian American Association, permitting that group to reserve
one designated dock at the Cass Park location for in-water storage of two dragon boats and to
maintain a small storage shed on land adjacent to the docks, for the remainder of the 2010
boating season (i.e., through October 30, 2010, with the understanding that such license shall
not provide exclusive use by IAAA of the surface of the dock in question (i.e., other members of
the public may walk on it or fish from it, and use the dock for the mooring of typical canoes and
kayaks), except during the launching or return of a dragon boat, and which license shall contain
the standard terms and conditions, with regard to liability insurance coverage, indemnification of
the City, safety precautions, and other pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular, fair-market fee for such
seasonal use of its parkland, Council hereby sets a fee of $1,000 (or $500 per dock side) for the
IAAA’s reserved use of the dock during the 2010 season, which fee shall be paid by the IAAA to
the City upon receipt of the license; and be it further
RESOLVED, That the Mayor is hereby requested to ensure that demand for use of the three
docks at Cass Park, by users of human-powered craft, is reasonably evaluated during the 2010
boating season, by appropriate City staff, so as to determine whether reserved use of one of the
docks substantially interferes with the level of use and availability desired by other members of
the public.
Alderperson Coles reported that there was extensive discussion on this topic at the City
Administration Committee and the committee voted unanimously to endorse the Resolution.
May 5, 2010
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Alderperson Zumoff stated that he supports the resolution and appreciates the points of view
expressed regarding exclusivity; however, he feels that there has been too strict of an
interpretation of regulations as there are many areas of the parks that are used exclusively by
certain groups. He further stated that he believes that there is enough additional dock space to
accommodate public access to the park and the water.
Alderperson Rosario noted that another difference in the exclusivity discussion is that no other
group has been responsible for obtaining Federal funding to create the space. Alderperson
Rosario reviewed the extensive process that the dock project followed, noting that it was open
to the public and transparent. He stated that he believes licensing makes sense to regulate the
agreement; however, as no fee structure has been established to date, he supports handling
this request like the Congo Square Market request with the understanding that it will be modified
next year once a fee structure for the use of City property is in place.
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Clairborne
RESOLVED, That the Third Resolved clause be amended to read as follows:
“RESOLVED, That as the City has not yet established a regular, fair-market fee for such
seasonal use of its parkland, Council hereby sets a fee of $1.00 for the IAAA’s reserved use of
the dock during the 2010 season, which fee shall be paid by the IAAA to the City upon receipt of
the license; and be it further”
Youth Bureau Director Green reported that he conducted informal research on the prices that
local entities are charging for comparable docks. The range of prices was from $600 - $1450;
however, those docks had amenities that the Cass Park docks do not such as electricity, water
hook-ups, showers, etc. Cass Park has the added benefit of a convenient location, the
accommodation of the placement of a 10x12’ storage shed for use by the Dragon Boat Club,
and public restrooms. The proposed license fee of $500 per dock side was based on those
considerations.
Alderperson Mohlenhoff inquired about dock maintenance costs. Alderperson Clairborne
responded that the new docks should have a 20-year life cycle and no maintenance costs are
expected for up to 5 years.
City Attorney Hoffman stated that Chapter 170 of the City of Ithaca Municipal Code gives
Common Council the authority to grant use of park land, and to set fees based on fair market
value unless they choose to waive the fees. He explained that a fee schedule has not been set
due to the need for continued discussions of the Appraiser’s recommendations.
Alderperson Cogan inquired as to how the project was presented to HUD for funding.
Community Development Director Bohn explained that the project was for a mix of uses for
different types of paddle sports and access to the water, including the docking of the dragon
boats.
City Attorney Hoffman further explained the elements of New York State Public Trust Doctrine
that has narrow exceptions for use of public parkland for private use. This Doctrine is not
superseded by Federal funding regulations. He recommended that this arrangement not be
viewed as setting a precedent, rather that it be considered as a new facility at which the public
demand has not yet been established.
Alderperson Coles questioned how long the Dragon Boat Club has been using a city owned
dock at no charge. Youth Bureau Director Green responded that it has been a few years.
Alderperson McCollister expressed concern about setting a precedent and expectations and
stated that she would only support this Resolution with an agreement with an October, 2010,
expiration date and with a fee.
Alderperson Clairborne stated that he supports Alderperson Rosario’s amendment, and
explained the 2007 action that the Ithaca Urban Renewal Agency took. He further recognized
the Ithaca Asian American Association’s initiative to put together the proposal, their attendance
at approximately 30 hours worth of meetings that resulted in Federal funding for the construction
of the docks that increases the accessibility of the waterfront to everyone in the community. He
noted that the proposed $1,000 fee is 25% of the Dragon Boat Club’s operating budget and
further detailed the benefits that the Club offers to the community.
Alderperson Rooker stated that it is important that the docks are fully utilized without reducing
access to others. He voiced his support for the work that the Ithaca Asian American Association
does in the community.
May 5, 2010
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A vote on the Amending Resolution resulted as follows:
Ayes (7) Clairborne, Dotson, Rosario, Zumoff, Myrick, Rooker, Cogan
Nays (3) Coles, McCollister, Mohlenhoff
Abstentions (0)
Carried
Amending Resolution:
By Alderperson Clairborne: Seconded by
RESOLVED, That an additional Resolved clause be added to the Resolution as the fourth
Resolved clause that would read as follows:
“RESOLVED, That the Board of Public Works be allowed to provide to Common Council a
recommendation for a fee structure for use of the docks before the 2011 boating season.”
Discussion followed on the floor regarding the work of the committee that has been meeting with
the Appraiser and the need to have a fee structure established as quickly as possible.
Alderperson Clairborne noted for the record his concern that this time frame be met and that this
task be given priority status. Alderperson Clairborne withdrew his motion.
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.5 Authorization of Revocable License to Use City Parkland for Congo Square Market -
Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, in 2009, the sponsors of an ongoing event known as the Congo Square Market
received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors
on City-owned parkland immediately north of the Southside Community Center, on South Plain
Street, from June until September; and
WHEREAS, the current sponsors of the Congo Square Market, namely, the Ithaca Youth
Bureau (a department of the City of Ithaca) and the Southside Community Center, Inc. (a not-
for-profit corporation that leases a City-owned building), have requested permission to operate
the Market at the same location in 2010, on every Friday evening (4:00 to 8:00 pm) from May
14, 2010, through September 3, 2010; and
WHEREAS, the vendors for the Market are expected to include both small-scale, local
entrepreneurs and City-sponsored youth projects; and
WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca (“Use of City
Real Property”), such use of City parkland (for an event lasting more than five days at a time or
that occurs more than four times over the course of a year) requires the approval of Common
Council; now therefore be it
RESOLVED, That the Common Council, as it did in 2009, finds that the proposed Congo
Square Market, as described by its sponsors and as experienced in operation last year,
constitutes a recreation-related use of the park adjacent to the Southside Community Center,
which use, due to its limited duration (i.e., four hours at a time, on 17 occasions over the course
of the year) and occupancy of only a portion of the park, will not significantly compromise the
public’s ability to enjoy the park and in fact could enhance the overall quality of the park’s
appeal and benefit to the public; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor upon consultation with the
appropriate Department Heads as to form and compliance with all applicable laws, rules and
regulations, and upon receipt of a properly completed application from the sponsors to issue a
revocable license to the Ithaca Youth Bureau and the Southside Community Center, permitting
such sponsors to operate the proposed Congo Square Market in a portion of the City park
adjacent to the Southside Community Center on South Plain Street, for the requested period of
time (between 4:00 and 8:00 pm, each Friday between May 14, 2010, and September 3, 2010,
and containing the standard terms and conditions of such a license, with regard to liability
insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct,
amplified sound, and other pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its
parkland, Council hereby sets a fee of $1 (one dollar) for each day’s operation of the Congo
Square Market, with the total amount due from the sponsors for the requested number of days
being $17.00.
Carried Unanimously
May 5, 2010
10
10.6 Police Department - Request to Amend Mobile Command Vehicle Capital Project
#751 - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, bids were recently opened for the Mobile Command Vehicle Storage Building with
the low base bid of $68,892 meeting specifications, and
WHEREAS, in 2008 Common Council approved Capital Project #751 Mobile Command Vehicle
in the amount of $493,000 for the purchase of the Mobile Command Vehicle, and
WHEREAS, the project currently has a remaining balance of $20,000 available, this amount in
combination with $48,892 in the Police Department Federal Seizure Funds would allow for the
construction of the storage building, and
WHEREAS, Police Department staff are recommending that the Command Vehicle be parked
under cover to increase its useful life, to provide a safe storage area and allow for quicker
response time in the winter months; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #751 Mobile Command
Vehicle by an amount not to exceed $68,892 for a total project authorization of $561,895 for the
purposes of funding the construction of a storage building for the Mobile Command Vehicle, and
be it further
RESOLVED, That the funds needed for said amendment shall be derived from the following
sources:
Current Balance in CP# 751 $20,000
IPD Federal Seizure Funds 48,892
$68,892
Discussion followed on the floor regarding the Federal seizure funds.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.7 Planning and Development - Request for Funding Match for the Henry Saint John
Historic Resource Survey Grant - Resolution
By Alderperson Coles: Seconded by Alderperson McCollister
WHEREAS, the area informally known as the “Henry Saint John survey area” contains an
important collection of architecturally significant properties reflecting many aspects of the city’s
historical development from early rural village life, the 19th century emergence of industrialism,
to municipal incorporation of the City in 1888 and on into the first decades of the 20th century,
and
WHEREAS, the Department of Planning & Development proposes to apply to the Preserve New
York Grant program of the Preservation League of New York State for funds to engage a
consultant for survey and documentation pursuant to the preparation of New York State and
National Register nominations of the “Henry Saint John survey area”, which information could
also serve as the basis for designation of a local historic district, and
WHEREAS, the Henry St, John survey area is within a qualifying federal census tract and
residents would be eligible under new legislation entitled the New York State Historic
Residential Properties Tax Credit Program for a tax credit of 20% of rehabilitation costs for
investment in properties listed on the New York State and National registers, and,
WHEREAS, the estimated project cost is $10,000 - $12,000 and in order to be competitive for a
Preserve New York grant the City’s application should include a local match involving in-kind
services and a cash contribution, now therefore be it
RESOLVED, That Common Council hereby recommends authorization of the application for a
Preserve New York grant and be it further
RESOLVED, That Common Council hereby recommends authorization of the allocation of an
amount not to exceed $3,000 from Account A1990 Unrestricted Contingency Funds to provide a
local cash match should the City be the recipient of a grant award from the Preserve New York
program.
Alderperson Rosario disclosed that he lives in the Henry St. John neighborhood but as no
conflicts of interest exist, he will vote on the Resolution.
May 5, 2010
11
A vote on the Resolution resulted as follows:
Carried Unanimously
10.8 City Controller’s Report
City Controller Thayer reported to Council on the following items:
Unrestricted contingency fund level is $16,000
2011 budget preparations are starting with the Capital Project review process
Sales tax revenues are up 9% from 2009 levels
Parking revenues are on pace for a $200,000 shortfall
Building permit fees on pace to exceed budget projections
Mortgage tax receipts have decreased
Fine revenue on pace to exceed budget projections
The hiring freeze and purchasing freeze continue to be in effect
Overtime expense – on pace to be slightly above budget projections
Health Insurance costs are running high, the City is still working with the
Health Insurance Consortium
NYS budget proposals are being closely monitored
The draft “user-friendly” budget is being reviewed
A question and answer period followed with Council members regarding NYS budget decisions.
REPORTS OF SPECIAL COMMITTEES:
11.1 Working Group on Apprenticeship Policy – Update
Alderperson Clairborne distributed a memo and back-up material that explained the work
completed to date by the group working on the Apprenticeship Policy. He further thanked the
City Attorney’s office for all of their work on this topic.
NEW BUSINESS:
12.1 GreenStar Cooperative Market Alcohol Permit Request - Resolution
By Alderperson Myrick: Seconded by Alderperson McCollister
WHEREAS, the City Clerk has received a request to allow GreenStar Cooperative Market to utilize
certain areas along East Buffalo Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary
Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving
and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for outdoor dining
at the GreenStar Cooperative Market, including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or similar public property
involving the same and consumption of alcohol should be covered by a minimum of $1,000,000
insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for GreenStar Cooperative
Market that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefor, including minimum Dram Shop coverage in the amount of $1,000,000 and the
approval of an outdoor dining permit.
Carried Unanimously
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there was no new litigation. He reported that the City filed a
Notice of Appeal over the Markles Flat case, explaining that filing the notice reserves the City’s
ability to develop an appeal. He stated that the City is concerned that the sweeping ruling by
the court indicates that a City would have no authority or jurisdiction over a school district’s
actions.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the March 31, 2010 Special Common Council Meeting Minutes – Resolution
By Alderperson Myrick: Seconded by Alderperson Rosario
RESOLVED, That the minutes of the March 31, 2010 Special Common Council Meeting be
approved with noted corrections.
Carried Unanimously
May 5, 2010
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Approval of the April 7, 2010 Regular Common Council Meeting Minutes – Resolution
By Alderperson Myrick: Seconded by Alderperson Rosario
RESOLVED, That the minutes of the April 7, 2010 Regular Common Council Meeting be
approved with noted corrections.
Carried Unanimously
Approval of the April 12, 2010 Special Common Council Meeting Minutes – Resolution
By Alderperson Myrick: Seconded by Alderperson Rosario
RESOLVED, That the minutes of the April 12, 2010 Special Common Council Meeting be
approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:12 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor