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HomeMy WebLinkAbout05-05-10 Common Council Meetng AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 5, 2010, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is--requested. AGENDA PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS /AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee 8.1 DPW - Approval of Contested 2008 Sidewalk Assessments, Group 2 of 2 — Resolution 8.2 DPW - Request to Amend Personnel Roster - Resolution 8.3 DPW - Request to Amend 2010 Authorized Budget for Grant Funding - Resolution 8.4 GIAC - Request to Amend Personnel Roster - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: There were no items submitted for the agenda 10. CITY ADMINISTRATION COMMITTEE: 10.1 IURA - NYSERDA Energy Conservation Grant Award — Resolution 10.2 GIAC - Request to Amend GIAC Pool Improvements Capital Project #755 - Resolution 10.3 Attorney's Office - Authorization of Additional Monies for Contractual Services for Law Department - Resolution 10.4 Authorization of Revocable License to Use City Parkland for Ithaca Asian American Association (Dragon Boat Club) - Resolution 10.5 Authorization of Revocable License to Use City Parkland for Congo Square Market - Resolution 10.6 Police Department - Request to Amend Mobile Command Vehicle Capital Project #751 — Resolution Common Council Agenda May 5, 2010 Page 2 10. CITY ADMINISTRATION COMMITTEE - Continued: 10.7 Planning and Development - Request for Funding Match for the Henry Saint John Historic Resource Survey Grant - Resolution 10.8 City Controller's Report 11. REPORTS OF SPECIAL COMMITTEES: 11.1 Working Group on Apprenticeship Policy— Update 12. NEW BUSINESS: 12.1 GreenStar Cooperative Market Alcohol Permit Request - Resolution 13, INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the March 31, 2010 Special Common Council Meeting Minutes — Resolution 18.2 Approval of the April 7, 2010 Regular Common Council Meeting Minutes — Resolution 18.3 Approval of the April 12, 2010 Special Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48 hours before the meeting. ,46he Conley Holcom , CIVIC City Clerk Date: April 30, 2010 8. CONSENT AGENDA ITEMS: City Administration Committee 8.1 DPW - Approval of Contested 2008 Sidewalk Assessments, Group 2 of 2 - Resolution 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. 8.2 DPW - Request to Amend Personnel Roster - Resolution 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. 8.3 DPW - Request to Amend 2010 Authorized Budget for Grant Funding - Resolution 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 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 8.4 GIAC - Request to Amend Personnel Roster - Resolution 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. 10. CITY ADMINISTRATION COMMITTEE: 10.1 IURA - NYSERDA Energy Conservation Grant Award -Resolution 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: Energy Management/Sustainability Personnel $135,156 $0 $135,156 Solar Thermal Hot Water Installations at 3 $115,812 $13,500 $129,312 City Buildings — S &F, Cass Park & IYB 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 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. MEMI mom MINI MME Ithaca Urban Renewal Agency 108 East Green Street Ithaca, New York 14850 (607) 274 -6559 To: City Administration Committee members From: Nels Bohn, Director of Community Development RE: Request to Create New Grant - Funded Employment Position Date: April 15, 2010 The City of Ithaca was recently awarded grant funding from the New York State Energy & Research Development Authority (NYSERDA) through RFP #10 (Small Municipalities Energy Efficiency & Conservation Block Grant funded by the American Recovery and Reinvestment Act of 2009) for the following projects: Energy Management /Sustainability Personnel $135,156 $0 $135,156 Solar Thermal Hot Water Installations at 3 City $115,812 $13,500 $129,312 Buildings — S &F, Cass Park & IYB Totals: j $250,968 $13,500 j $264,468 The purpose of this memo is to seek Common Council approvals to implement the NYSERDA grants awarded to the City, specifically: (1) approval to create an "Energy Sustainability Project Manager" employment position that will be grant funded for a 12 -month duration; (2) authorization to expend up to $13,500 from the "Finance Energy Conservation Projects" capital reserve account as match funding to the NYSERDA grant; and (3) establishment of a capital project in an amount of $250,968 that will be reimbursed from NYSERDA grant funds. Create Employment Position The Energy Personnel project includes funding for the following personnel: $70,656 City Employee — Energy Sustainability Project Manager (12- month, temporary position) $40,000 Independent Consultant— Comprehensive Plan, sustainability $20,000 Independent Consultant - Technical Energy Analysis $135,156 NYSERDA will reimburse the City for 100% of salary and benefit expenses to hire an Energy Sustainability Project Manager for 12 months. The grant application proposed creation of a 12- month, temporary position. Prior to advertising to fill this position, the Civil Service Commission must approve the New Position Duties Statement and the Common Council must approve creation of the position. I am seeking your approval to create the new position. Please find attached the proposed New Position Duties Statement. The exact scope of services for the independent consultants to be hired from grant funds is still under development, and does not require any action at this time. Capital Reserve Account There is an existing balance of $68,000 in a City capital reserve account to "Finance Energy Conservation Projects." Upon consultation with the City Controller, some of these funds were offered as local match funding in the grant application to enhance the City's application. The approved NYSERDA grant requires a local match of $13,500 for the solar thermal hot water installation project. I request Common Council approval to commit and expend up to $13,500 of this capital reserve as match to the NYSERDA grant. Capital Proiect NYSERDA grant funds are provided on a reimbursable basis according to a schedule of milestone accomplishments. I anticipate that funds will need to be advanced from the City to implement the grant projects, which will be reimbursed upon submission of vouchers to NYSERDA. I request that a capital project in the amount of $250,968 be created to facilitate implementation of the grant- funded projects. Please contact me at nelsb @citvofithaca.org if you have any questions on this matter. encl: proposed new position job duties statement cc: Mayor Peterson S. Thayer V. Saul S. Michelle -Nunn D. Redsicker J. Cornish T. West C. Tilger B. Gray K. Johnson D. Hoffman Project file j: \projects \grants \nyserda \rfp 10 2010 \project #5 - energy personnel - funded \mem - request to create new position 4- 15- 10.doc 2 1. Department Bureau, Division, Unit or Section Location of Position Planning & Development, City of Ithaca 3rd Floor City Hall, 108 E. Green St., Ithaca, NY 2. Description of Duties: Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time - consuming duties first. In the left column, estimate how the total working time is divided. Job Title: Energy Sustainability Project Manager Percent of Job Duty Work Time This position is the central point person overseeing the City's Climate change and energy sustainability initiatives and publicly reporting on progress to reduce Greenhouse Gas emissions, energy consumption and energy costs of City operations. This position serves as the City's lead advisor on energy sustainability issues and involves frequent interaction with the Mayor, other elected officials, and other staff. The position additionally staffs the City's Local Action Plan Committee. The work involves frequent collaboration with a variety of city staff, including engineers, facility managers, and planners; funding agencies; state agencies and elected officials. The position will meet with the Mayor on a bi- weekly basis to report on progress, and obstacles, to implement the City's Climate Action Plan. Major job duties include: 20% 1. Lead and coordinate interdepartmental efforts to implement the City's Climate Action Plan, the Climate Smart Community Pledge, including implementation of departmental energy plans and other measures to reduce greenhouse gas emissions by at least 3% per year, or other interim objectives to meet long -range goals (e.g., the Climate Action Plan goal of 20% under 2001 levels by 2016). 15% 2. Identify, evaluate, seek resources for, and implement measures and strategies to lower GHG emissions, increase energy efficiency, reduce energy consumption, expand use of renewable energies in City operations, including development of applications for funding for renewable energy installation and energy conservation measures. 15% 3. Develop policy proposals in other identified priority areas, for instance amendments to the Municipal Code to support energy conservation, renewable energy and other green building code requirements and incentives and green purchasing policies for City operations, and, similarly, assist in development of strategies, plans, zoning, environmental review and site plan review guidelines for sustainable community development. 10% 4. Inventory, monitor and report performance on energy consumption, greenhouse gas emissions, and reduction measures for City facilities and operations using ICLEI software or similar greenhouse gas tracking software. 10% 5. Staff the Local Action Plan Committee and draft updates & revisions to this plan and other City policies and documents, as appropriate, for consideration by Common Council for approval. 10% 6. Advocate and facilitate community -wide energy reduction strategies, programs and projects through means such as representing the City on sustainability and energy efficiency matters at area and regional meetings, including collaboration with regional stakeholders on community -wide GHG reduction initiatives. 5% 7. Identify and develop programs to reduce vehicle miles traveled and make the transportation system in the community more energy efficient, including supporting departmental compliance with the City's Policy for Green Fleets. 5% 8. Document and publicize the benefits of energy savings, energy efficiency and renewable energy projects, including regular reports to Common Council, creation of a brochure for public distribution, and presentation of a sustainability curriculum for new employee orientation. 5% 9. Coordinate and monitor the City's energy performance contract(s). 5% 10. Manage consultants and interns analyzing various measures to increase energy efficiency and reduce GHG emissions. 100 3. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.) Name Title Type of Supervision JoAnn Cornish Director of Planning & Development Direct 4. Names and Titles of Persons Supervised by Employee in this position Name - Title Type of Supervision TBD (NYSERDA grant funded) Indep. Consultant - feasibility analysis for renewable energy install. General TBD Intern Direct 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position Phyllisa DeSarno Deputy Director of Economic Development Planning & Develop. Tim Logue Traffic Systems Engineer Engineering 6. What minimum qualifications do you think should be required for this position? Education: High School Yes Years HS diploma College BS /BA 4 Years, with specialization in Engineering, environmental science, business, public administration, urban & regional planning or related field OR College Masters 6 Years, with specialization in Engineering, environmental science, business, public administration, urban & regional planning or related field OR Professional Certified Sustainability Development Professional (CSDP) or Certified Carbon Designation: Reduction Manager (CEM) or Certified Green Building Engineer (GBE) or Leadership in Energy and Environmental Design designation Experience: (list amount and type) • BS /BA plus Four (4) years of professional experience involving the development and implementation of energy Sustainability and /or climate change programs and policies OR • Masters plus two (2) years of professional experience involving the development and implementation of energy sustainability and /or climate change programs and policies OR • Professional Designation plus six (6) years of professional experience involving the development and implementation of energy sustainability and /or climate change programs and policies Essential knowledges, skills and abilities: 1. Knowledge of concepts, principles, practices, methods and techniques of climate change and energy sustainability issues, including GHG emission reduction, energy efficiency and renewal energy technologies. 2. Ability to assemble and interpret statistical data applicable to design and evaluate energy reduction and GHG emission reduction programs. 3. Knowledge of best practices in "green" technology and building construction, mechanical systems, energy, lighting and sustainability programs. 4. Knowledge of computer software for work processing, spreadsheet, e-mail, and presentation graphics for developing statistical analyses and preparing presentation materials. S. A professional designation in an energy related field is desired, such as Certified Sustainability Development Professional (CSDP), Certified Carbon Reduction Manager (CEM), Certified Green Building Engineer (GBE), or Leadership in Energy and Environmental Design designation 6. Ability to work collaboratively, think analytically and creatively and achieve results. 7. Ability to develop and maintain effective working relationships with city engineers, facility & fleet managers, Department heads, planners, and Local Action Committee members. 8. Ability to communicate ideas and work effectively with community groups, public officials and a diverse community. 9. Ability to work independently and be self- supporting. 10. Ability to communicate clearly and effectively, orally and in writing. 11. Initiative and resourcefulness; integrity, good judgment. 12. Physical condition commensurate with demands of the position. Type of license or certificate required: None required 7. The above statements are accurate and complete. Date: Title: Mayor Signature: Certificate of Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22, the City of Ithaca Civil Service Commission certifies that the appropriate civil service title for the position described is: Title: Energy Sustainability Project Manager Jurisdictional Classification: Full -time, Temporary 12 -month Position Date: Signature: Action by Legislative Body or other Approving Authorit 9. Creation of described position ❑ Approved ❑ Disapproved Date: Return One Completed Copy To Civil Service Commission April 30, 2010 10.2 GIAC - Request to Amend GIAC Pool Improvements Capital Project #755 - Resolution 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 from the anonymous donor which will be used to fund said Bath House Improvements. 10.3 Attorney's Office - Authorization of Additional Monies for Contractual Services for Law Department - Resolution 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). 10.4 Attorney's Office - Authorization of Revocable License to Use City Parkland for Ithaca Asian American Association (Dragon Boat Club) - Resolution 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 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 docs, 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 dockside) 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. 10.5 Authorization of Revocable License to Use City Parkland for Congo Square Market - Resolution 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. 10.6 Police Department - Request to Amend Mobile Command Vehicle Capital Project #751 -Resolution 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 10.7 Planning and Development - Request for Funding Match for the Henry Saint John Historic Resource Survey Grant - Resolution 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. 12. NEW BUSINESS: 12.1 GreenStar Cooperative Market Alcohol Permit Request -Resolution 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 therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.