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Home My WebLink AboutMN-BPW-2011-12-28BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. December 28, 2011 PRESENT: Acting Mayor Rosario Vice Chair Jenkins Commissioners (4) - Wykstra, Morache, Warden, Goldsmith OTHERS PRESENT: City Attorney - Hoffman Assistant Superintendent of Streets and Facilities - Benjamin Information Management Specialist - Myers Executive Assistant – Gehring Alderperson Myrick Alderperson-Elect Murtagh EXCUSED: Mayor Peterson Commissioner Acharya Assistant Superintendent of Water and Sewer – Whitney Superintendent of Public Works - Gray Common Council Liaison – Zumoff DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Warden requested the addition of a new item 8.1 entitled “Park Camping Enforcement”, and to move the current item 8.1 entitled “Appeal of Occupy Ithaca’s Request to Use DeWitt Park – Resolution” to be item 8.2. No Board member objected. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD Joel Harlan, Town of Newfield, addressed the Board regarding the “Occupy Ithaca” appeal for the use of DeWitt Park. He encouraged the Board to deny their appeal. James Ricks, addressed the Board regarding the symbolic renaming of DeWitt Park to “Shawn Greenwood Park”, and the opposition that has been expressed regarding that request. John Hamilton, City of Ithaca, addressed the Board regarding the “Occupy Ithaca” appeal for the use of DeWitt Park. He encouraged the Board to support their appeal. Nicholas Sledziona, Town of Ithaca, addressed the Board regarding the monument in DeWitt Park that memorializes the first “white” settlers in Ithaca. He feels the monument should be removed because its memorial is inappropriate. Neil Oolie, City of Ithaca, addressed the Board regarding the “Occupy Ithaca” appeal for the use of DeWitt Park. RESPONSE TO THE PUBLIC Commissioner Warden thanked the speakers for their comments and thoughts. He explained that there are certain things that the Board of Public Works can and can not do which, at times, can make their job very difficult. Park Camping Enforcement – Resolution By Commissioner Warden: Seconded by Commissioner Wykstra WHEREAS, on or about November 21, 2011, persons identifying themselves as part of a group called “Occupy Ithaca” and/or the “General Assembly of Ithaca” erected a number of tents, signs, and other items in a portion of DeWitt Park; and 2 December 28, 2011 WHEREAS, since that time, said tents (and additional tents since erected, and other items, together with persons apparently associated with said groups, have remained in the Park on a continuous basis, including during the hours of (10:00 p.m. to 5:00 a.m.) that the park is “closed” per Chapter 336 of the Municipal Code of the City of Ithaca; and WHEREAS, erection of said tents and overnight use of the Park were commenced and have continued without a permit from the City of Ithaca, which permit is required by Chapter 336 of the City Code; and WHEREAS, enforcement of park laws is an executive responsibility; now, therefor be it RESOLVED, That the Board of Public Works refers the matter back to the Mayor. Discussion followed on the floor regarding the intent of this resolution, the Board’s responsibilities, and the untimely provision of requested information to Board members regarding how Buffalo and Rochester handled similar requests. Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Goldsmith RESOLVED, That the Resolved Clause be amended to read as follows: “RESOLVED, That the Board of Public Works refers the matter back to the Mayor and Common Council.” Ayes (5) Warden, Wykstra, Goldsmith, Morache, Jenkins Nays (1) Rosario Abstentions (0) Carried Further discussion followed on the floor regarding the improper process followed in response to the groups request for the use of DeWitt Park. Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Wykstra WHEREAS, the City should not have suggested or requested a permit application in this situation, therefore the application and appeal process is inapplicable; now therefor be it Ayes (4) Warden, Wykstra, Goldsmith, Morache Nays (2) Rosario, Jenkins Abstentions (0) Carried Discussion followed on the floor regarding the possible precedent this might set for how the City should respond to actions taken on city property without proper permits. Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Ayes (4) Warden, Wykstra, Goldsmith, Morache Nays (2) Rosario, Jenkins Abstentions (0) Carried DISCUSSION ITEMS Review of Attorney’s Open Items Trash Facility under Green Garage City Attorney Hoffman reported that the City of Ithaca wanted to turn over ownership of the trash facility under the Green Street garage to a private operator. He stated that terms and conditions need to be finalized, and then a request for proposals needs to be completed. 3 December 28, 2011 Use of City Property City Attorney Hoffman stated that old appeals for license fees for use of City properties need to be finalized because renewal of all licenses will begin February 1, 2012. Fees for Use of City Property City Attorney Hoffman stated that there are currently no license agreements in place for the docks by the city golf course, which has been designated parkland. He provided the following information regarding current licenses: A license was issued for the Cascadilla Boat house at Stewart Park, but it was for only one year. Inlet Island/Taughannock Blvd need license agreements The North Tioga Street property license agreement was never resolved. He stated that some licensees are interested in purchasing the land they currently lease from the City of Ithaca. He noted that in some cases it might make sense to sell the properties and get them back on the tax rolls. The Board expressed their thanks and appreciation to City Attorney Hoffman for his work as City Attorney – as this was his last meeting as City Attorney. They praised how he responded to the enormous work load with confidence and dedication. ADJOURNMENT On a motion the meeting adjourned at 6:45 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor