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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 2 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. May 5, 2010 3 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 May 5, 2010 4 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 5 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 6 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 7 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 8 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 9 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 12 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