HomeMy WebLinkAboutMN-BPW-2011-05-11BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:53 p.m. May 11, 2011
PRESENT:
Mayor Peterson
Commissioners (5) – Acharya, Goldsmith, Morache, Warden, Wykstra
OTHERS PRESENT:
City Attorney – Hoffman
Superintendent of Public Works – Gray
Assistant Superintendent of Public Works – Benjamin
Executive Assistant – Gehring
EXCUSED:
Commissioner Jenkins
Assistant Superintendent of Public Works – Whitney
Common Council Liaison – Zumoff
DAC Liaison – Roberts
ADDITIONS OR DELETIONS TO THE AGENDA:
Commissioner Acharya stated that he did not mind receiving Item 9.5, entitled “Scottish
Games Animal Request,” and Item 9.6, entitled “Tompkins County Sesquicentennial
Commission Request,” as information only, and believes the Board did not need to discuss
those items. Mayor Peterson agreed, stating she had already given approval for the Tompkins
County Sesquicentennial Commission Request.
MAYOR’S COMMUNICATIONS:
Mayor Peterson introduced newest Board of Public Works member Robert Morache, who was
appointed by Common Council on May 4, 2011. Commissioner Morache shared with the other
Board members a brief description of his background, and explained he was interested in the
work of the Board of Public Works that helps to support the community. The Board welcomed
Commissioner Morache.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
City Attorney Hoffman introduced Associate Attorney, Krin Flaherty, who will be working on
land use, zoning, and public works-related issues.
Holly Hollingsworth, representative from DeWitt Park Restoration Committee, addressed the
Board regarding Approval of Decorative Chain in front of the Monuments in DeWitt Park. He
explained that he spoke with veterans and other organizations about the City’s proposal for
skate stoppers on the monuments and the general consensus was to install the chain.
Fay Gougakis, City of Ithaca, addressed the Board regarding the lack of free parking at the
Green Street Parking Garage, and her frustration about having to pay for parking in downtown.
RESPONSE TO THE PUBLIC:
There was no response to the public.
REPORTS:
Board Liaisons:
Commissioner Wykstra reported that a resolution was passed by the Special Joint Committee
to prepare a permit for the Wastewater Treatment Facility to receive hydrolosate from Cornell
University. He explained that the City’s treatment plant would be able to handle the waste and
process it better than the current plant that is taking the waste.
ADMINISTRATION AND COMMUNICATIONS:
Commissioner Goldsmith proposed that the Board discuss hydrofracking within the City of
Ithaca at a future meeting. He noted that counties in New York are becoming organized in
anticipation of the hydrofracking debate, and he expressed concern that the City is not
prepared. Mayor Peterson responded that the Tompkins County Council of Governments is
working on this issue, along with the New York State Department of Environmental
Conservation and Environmental Protection Agency. She further explained that the City
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Regular Meeting
Council has passed resolutions related to the environmental assessment form, the county is
currently undergoing a hydrofracking study, and the results of the study would be provided to
the Board when it becomes available.
Commissioner Wykstra requested that the proposed charter changes be placed on the May
18, 2011, agenda. Mayor Peterson suggested that the memorandum that was distributed to
City Administration Committee members explaining the proposed changes be included in the
agenda packet for the Board’s discussion.
APPROVAL OF MINUTES:
Approval of the February 9, 2011, March 16, 2011, March 23, 2011, and April 13, 2011,
Board of Public Works Meeting Minutes – Resolution
By Commissioner Acharya: Seconded by Commissioner Goldsmith
RESOLVED, That the minutes of the February 9, 2011, March 16, 2011, March 23, 2011, and
April 13, 2011, Board of Public Works meetings be approved with noted corrections.
Ayes (5) Peterson, Acharya, Goldsmith, Warden, Wykstra
Nays (0)
Abstention (1) Morache
Carried
Community Gardens in City Parks
Associate Attorney Krin Flaherty, Parks Commission Chairman Dan Krall, and Cornell
Cooperative Extension representative Josh Dolan joined the Board for the discussion of this
item.
Mr. Krall explained that Forestry Technician Jeanne Grace had requested grants from the
Parks Commission for rehabilitating Baker Park. The Parks Commission later received a
request from Josh Dolan of Cornell Cooperative Extension for building urban gardens in city
settings. He stated that the Parks Commission then heard from a group of local residents that
are opposed to community gardens in parks. The Commission then requested assistance
from the City Attorney’s Office with determining whether the gardens are legal and other
issues related to the gardens.
City Attorney Hoffman explained that New York City currently has an extensive program for
community gardens in parks. He asked Associate Attorney Flaherty to look into whether the
City of Ithaca could create a similar program. Associate Attorney Flaherty explained that the
New York City program is different than what would be created in Ithaca in that many locations
in New York City were abandoned parking lots transformed into parks and a licensing
procedure was developed, along with a public trust doctrine.
She further explained that she spoke with an attorney in New York City that stated there are
ten community gardens within the three hundred parks within the city. In each case, the
garden is located in a much larger park, is within a fenced area, and must be open at least
fifteen hours per week. Associate Attorney Flaherty noted that parks must generally be for
recreational purposes and must not alienate or exclude the public from using the park for
recreational purposes. She further explained that New York City has a licensing program so
that the people utilizing the garden portion of the park do not have any claim to the underlying
land, as opposed to leasing the property to individuals.
Discussion followed on the floor regarding alienation of the public park, the size of a garden in
relation to the park, and legal aspects to creating public gardens. Mayor Peterson noted that
the City had to go through the alienation process in order to create the Children’s Garden
located in Cass Park.
Alderperson Jennifer Dotson joined in the discussion.
Commissioner Acharya requested further information about how a public garden could be
developed without violating the Public Trust Doctrine. Alderperson Dotson stated that Project
Growing Hope runs a community garden in Carpenter Park with 150 plots, and noted that
there is a consistent waiting list.
Further discussion followed on the floor regarding the benefits and the negative aspects of
community gardens in parks, aesthetic issues related to gardens, the potential educational
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Regular Meeting
component of having community gardens, and the possibility of transforming vacant lots within
the City into community gardens.
Mr. Dolan explained that Cornell Cooperative Extension has been working to address food
access issues within the area for the past two years. He stated that there has been an
explosion of local community gardens within that time, including new gardens at Linderman
Creek Apartment Complex in the Town of Ithaca, gardens in the Town of Dryden, and one
garden on Freese Road run by Cornell University. He stated that residents are beginning to
realize the benefits that gardens provide to neighborhoods, as well as the benefits of healthy
eating. He further explained that Cornell Cooperative Extension has begun gardens at Titus
Towers, Ithaca Housing Authority complexes, the Children’s Drop-In Center, Greater Ithaca
Activities Center, and Southside Community Center. He noted that they are having a hard
time keeping up with the demand for gardens. He proposed that new gardens should be
educational, engage the surrounding community, and utilize the park to its fullest potential.
Commissioner Acharya expressed agreement with creating a community garden in Baker
Park. Commissioner Goldsmith also expressed agreement with creating a community garden,
but opposed using city parks for them. He suggested transforming some vacant lots for the
gardens. Commissioner Wykstra requested a plan to rehabilitate Baker Park.
VOTING ITEMS:
Parking and Traffic:
Amendment to Vehicle and Traffic Schedule XII: Parking Prohibited at All Times in
regard to Hector Street – Resolution
By Commissioner Warden: Seconded by Commissioner Wykstra
WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to
adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law,
and
WHEREAS, the current parking regulations prohibit parking along the east side of Hector
Street but do not prohibit parking along the west side of the street, and
WHEREAS, motorists occasionally park along the west side of Hector Street (partially blocking
the downhill travel lane), and
WHEREAS, the paved width of the street is in most places too narrow to safely permit on-
street parking, now therefore be it
RESOLVED, That the entry for Hector Street in Schedule XII: Parking Prohibited at All Times
be amended to read:
Name of Street Side Location (From/To)
Hector Street East Cliff Street to city line
Both Floral Avenue to city line
Carried Unanimously
Commissioner Goldsmith mentioned that on-street parking could be beneficial as a traffic
calming measure. Commissioner Morache suggested creating intermittent parking spots on
the east side of Hector Street with crosswalks to the sidewalks. Supt. Gray explained that the
road itself is not wide enough to add parking. Discussion followed on the floor regarding
mountable curbs, widening the road, and gravel parking areas along the roadside.
TABLED ITEMS:
Approval of Decorative Chain in Front of Monuments in DeWitt Park (Resolution can be
found in the April 13, 2011, agenda.)
This item was not discussed.
DISCUSSION ITEMS:
Appeal of Snow Removal Bill for 205 Thurston Avenue
This item was not discussed.
DPW Work Plan 2011
Supt. Gray presented the Board with a map of construction projects planned for 2011 in the
City that include NYSEG, New York State Department of Transportation and Cornell University
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Regular Meeting
projects. He explained that a meeting is held at the beginning of each year to create the work
plan and to coordinate efforts among all the involved agencies. He provided an overview of
the proposed projects and how they were coordinated for 2011.
Discussion followed on the floor regarding staffing needs, the responsibilities of the parks
division, county-wide construction projects, and the expectation of surprises as construction
proceeds.
Curb Lawn Gardens
This item was not discussed.
Scottish Games Animal Request
The Board agreed that this request should be administratively approved by Supt. Gray.
Tompkins County Sesquicentennial Commission Request
Mayor Peterson reported that this request had already been approved after a discussion with
the Planning and Development Department.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:53 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor