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HomeMy WebLinkAboutMN-CC-BPW-2010-03-31COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:30 p.m. March 31, 2010 PRESENT: Mayor Peterson Alderpersons (7) Coles, Dotson, Rosario, Clairborne, Rooker, Cogan, Mohlenhoff BPW Commissioners (4) Tripp, Brock, Wykstra, Goldsmith OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman Deputy Director of Economic Development – DeSarno Superintendent of Public Works – Gray Sr. Planner – Nicholas EXCUSED: Alderpersons (3) McCollister, Zumoff, Myrick BPW Commissioner (1) Jenkins PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: 2.1 Dredging Decisions: Direction and Review of Common Council in Regard to the Board of Public Works – Discussion City Attorney Hoffman distributed a legal opinion from special counsel who is experienced in water & dredging issues, and use of parkland. He noted that the correspondence is considered an “attorney – client” privilege and recommended that it remain confidential at this time. He stated that the City is not trying to hide important information; however, materials prepared by attorneys for their clients are considered privileged. The topics covered in the materials can be discussed publicly. Mayor Peterson noted that the Planning Department has been working on this project for the past 6+ years; however, who should have Lead Agency status is still questionable. She commented that it may be to the City’s advantage to have the New York State Department of Conservation (DEC) listed as the Lead Agent if they were agreeable. Superintendent of Public Works Gray stated that the main two questions that need to be resolved are listed under number (2) on page 14, and 2(D) on page 17 of the legal opinion; selection of a preferred site, and designation of Lead Agency status. He noted that the only reason the City is involved in this project is because if it can solve the spoils site location issue, there is a chance that the project may be completed in a shorter time period. City Attorney Hoffman clarified that it is not the City’s responsibility to deal with flood control issues, or waterway navigation, that is the responsibility of the NYS DEC, the Army Corps of Engineers and the NYS Canal Corporation but the City wants to be involved in the project as it has an interest in the dredge spoil site location. Mayor Peterson reported that the Canal Corp. only has one barge for the entire canal system, and they have stated that although they are responsible for the work, they may not be willing to pay for the transfer of dredge spoils to a location that is further away from the canal. BPW Commissioner Brock questioned whether the Canal Corp. identified what limit they would support. City Attorney Hoffman responded that the Canal Corp. has agreed to a one-mile radius. BPW Commissioner Wykstra stated that the estimates now indicate that approximately 600,000+ cubic yards of material will need to be removed. The least amount of trucking would be better for the City. This would equate to 30,000 – 40,000 dump truck loads of material that would need to be transported per year, after the de-watering process has been completed. Mayor Peterson stated that it would take 3-4 years to clean-out that amount of material. If the Southwest area was used as the dredge spoils site, the material may be able to be recycled for building material in the new Southwest neighborhood or it could be used to raise the level of Newman Golf Course and create interesting features. Alderperson Coles noted that another possible use for the materials would be to create a berm that would divide the railroad from the proposed and existing housing developments in the southwest area. March 31, 2010 2 BPW Commissioner Goldsmith noted that it is important to separate the large-scale project that needs to be completed now and the routine maintenance dredging that should be completed every few years. Senior Planner Nicholas provided a short history of this project. She explained that the City received an Environmental Protection Fund Grant for the design and planning for the dredging project including the selection of a de-watering site. A Dredging Project Advisory Council (DPAC) was appointed to oversee the many tasks included in the contract the City entered into with EcoLogic, LLC. DPAC is in the process of compiling the comments and recommendations of its members, and that information will be forwarded to the decision makers. Discussion followed on the floor on the geographic center of mass for the project, and the required pumping operations and associated costs. The NYS Canal Corp. has stated that they will only be removing 70,000 cubic yards of material. A. Site Choice Mayor Peterson noted that site preferences have costs associated with them. She explained that the current path this project is on includes the Planning Department having oversight of the project. The Planning Department reports to the Planning Committee of Common Council. Alderpersons Rosario and Dotson stated that the expertise of the Board of Public Works would be helpful, so either a strong recommendation on a preferred site for Council consideration, or having them make the ultimate decision makes sense. Mayor Peterson noted that the funding issues would have to come to Common Council, and the Planning Committee may also have a role as these are planning issues. BPW Commissioner Tripp stated her opinion that Southwest Park is the only viable site for the dredge spoils location. Mayor Peterson explained that problems with that site have recently arisen as wetlands have been identified, so additional conversations are needed to discuss that issue. Mayor Peterson stated her preference is to have this issue go to the Planning Committee as she doesn’t want to split the Lead Agency status as was done with the water plant decision between BPW as lead agency and Council as the final decision maker. Alderperson Coles stated that she would like to see the work load split between the two bodies; Common Council should make the final decision, as the elected body, with the recommendation by the Board of Public Works. BPW Commissioner Wykstra noted that the Charter states that the Board of Public Works should make a decision; however, it doesn’t need to be the final decision. Common Council can make the final decision along with other considerations that are outside the purview of the Board. Superintendent of Public Works Gray noted that the land use issues are Planning Department issues and the waterway issues are Public Works issues, so the Planning and Public Works Departments need to work together on this project. Further discussion followed on the floor regarding the Charter language and the term “subject to the direction and review of Common Council”. Mayor Peterson suggested that a Resolution come out of the Planning Committee directing the Board of Public Works to undertake the work of determining a preferred dredge spoils site. The Board of Public Works will submit their recommendation of a preferred site, in a timely manner, to the Planning Committee for consideration and final project approval will be made by Common Council. ADJOURNMENT: On a motion the meeting adjourned at 6:47 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor