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HomeMy WebLinkAboutMN-BPW-2018-07-17BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:06 p.m. July 17, 2018 PRESENT: Mayor Myrick Commissioners (6) – Blalock, Greene, Jenkins, McCormick, Morache, Warden OTHERS PRESENT: Superintendent of Public Works – Thorne Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Director of Engineering – Logue Common Council Liaison – McGonigal Executive Assistant – Servoss EXCUSED: City Attorney – Lavine Director of Parking – Messmer ADDITIONS OR DELETIONS TO THE AGENDA: Supt. Thorne requested the deletion of item 10A, and the addition of a public hearing regarding the 2019 Sidewalk Assessments at the beginning of the agenda. Commissioner Greene requested the addition of a discussion regarding the Belle Sherman Outdoor Classroom under New Business. Commissioner McCormick requested a discussion regarding moving the playground from Stewart Park to Wood Street Park. No Board member objected 2019 Sidewalk Assessments: Resolution to Open Public Hearing By Commissioner Jenkins: Seconded by Commissioner McCormick RESOLVED, That the public hearing regarding 2019 Sidewalk Assessments be declared open. Carried Unanimously No members of the public appeared to address the Board. Resolution to Close Public Hearing By Commissioner Jenkins: Seconded by Commissioner Warden RESOLVED, That the public hearing regarding 2019 Sidewalk Assessments be declared closed. Carried Unanimously MAYOR’S COMMUNICATIONS: Mayor Myrick congratulated Bill Goldsmith, former commissioner, whose wedding the Mayor officiated two weeks ago. He further welcomed Garrick Blalock to the Board of Public Works. Commissioner Blalock thanked the Mayor and noted that he would be the Board’s liaison to the Planning Board. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Mr. Yuan, owner of 904 East State Street, addressed his appeal that was before the Board, stating that after many questions, he received clear instructions finally from State Senator O’Mara’s office, not from City of Ithaca’s Code Enforcement Officer. He stated this was the fourth year of receiving tickets for overgrown foliage, getting two so far this year. He alleged that the issue was Mike Niechwiadowicz was trying to satisfy Donna Fleming, City Council member, who tried to move him out of the neighborhood. RESPONSE TO THE PUBLIC Commissioner Warden responded that when the Board discusses the topic, they may ask Mr. Yuan back up to the table. Board of Public Works Page 2 July 17, 2018 Regular Meeting REPORTS Council Liaison Alderperson McGonigal noted the following questions: 1. The County Board of Representatives had asked about status of the NYSEG project on East State Street. 2. County Legislature Mike Lane asked if there was any additional information after the transportation study that was undertaken after the truck crash into Simeon’s. 3. A member of Council wanted to know the grim details of the Commons Fountain. Dir. of Eng. Logue responded that the NYSEG closure of East State Street should be reopened next week, noting new gas lines were being installed. He further indicated that Engineering told them not to occupy street after August 1, 2018. Mayor Myrick responded regarding the transportation study, stating that additional signage was installed before trucks come down the hill, and there was a possible redesign of the intersection. Dir. of Eng. Logue stated there were two studies: one was conducted by a working group through Barbara Lifton’s office; and Chuck Schumer’s office helped to organize another road safety audit of the intersections. Recommendations from that audit were to replace pedestrian push buttons so they were the same at every intersection. He stated that the written reports could be shared. Supt. Thorne responded about the Commons Fountain, stating there was a suspected major leak underground. He stated that staff was working with the contractor and designer to determine the source of the leak, and there would likely be some digging on the Commons to repair it. Superintendent and Staff Dir. of Eng. Logue reported that Common Council authorized a TAP grant application for the Black Diamond Trail Bridge over the Flood Control Channel; construction was underway for a number of projects; the Sidewalk Improvement District 2018 project was winding down; and the Spencer Road at Stone Quarry Road intersection project was to begin soon. Asst. Supt. Benjamin reported that milling and paving projects for the year had started, noting the closest asphalt plant was closed, so the next nearest plant was Cortland, which required crews having to truck in the asphalt. This means crews were working on a number of streets consecutively. Asst. Supt. Whitney reported that the East State Street project was proceeding beyond Stewart Avenue with one crew steadily working on site, and another crew also working on services. Crews have been stretched the past few weeks with several water main breaks, new service installations, and a mystery leak on Brookfield Road. Supt. Thorne reported: Common Council was provided with a report on water usage and the number of watermain breaks in the City Negotiations are still underway with NYSEG for the purchase of the street lights Commissioner Jenkins asked about the City’s parking revenues; Supt. Thorne responded that Dir. of Parking Messmer was embarking on an occupancy study and revenue report. He further reported that new parking equipment was to be installed beginning in August in all three garages. NEW PROJECT PRESENTATION: Proposed Amendments to City Code 157 “Commons” Exec. Asst. Servoss presented proposed amendments to City Code 157 and asked for the Board’s recommendation to approve the changes. Supt. Thorne thanked Exec. Asst. Servoss for managing many request that come in about the Commons, and for putting together the presentation, which is a quick summary of the Commons rules. Mayor Myrick confirmed that Common Council would consider the amendments next month, and they would want endorsement from the Board. Board of Public Works Page 3 July 17, 2018 Regular Meeting Discussion followed on the floor regarding a volunteer to attend a working group to determine food vending locations. Commissioner Greene volunteered. Further discussion followed on the floor regarding allowing vehicles on the Commons, and addressing any issues. Mayor Myrick gave his kudos to staff for managing the Commons, and noted that pedestrian counts indicated an average of 6,000 people on a daily basis for the past two months. Supt. Thorne indicated that a resolution approving the amendments would be provided for the Board in August. The Board agreed. ADMINISTRATION AND COMMUNICATIONS: Approval of the March 6, March 20 and April 17, 2018, Board of Public Works Meeting Minutes - Resolution By Commissioner Morache: Seconded by Commissioner McCormick RESOLVED, That the minutes of the March 6, March 20 and April 17, 2018, Board of Public Works meeting be approved as written. Carried Unanimously BUILDINGS, PROPERTIES, REFUSE AND TRANSIT: Proposed Just Be Cause Center Expansion Supt. Thorne explained the expansion proposal from the Just Be Cause Center, which would require a reconfiguration of the curb line. He stated the owners originally wanted to purchase the city-owned property but has changed to offering to lease the parcel. Tom Parsons has stated his approval of the proposed emergency vehicle turnaround. Discussion followed on the floor regarding emergency vehicle and snow plow access, ensuring the project complies with the new waterfront zoning, and utilizing waterfront property for parking. It was noted that the property owner’s authorization was required for the proposal to go to the Planning Board. Alderperson McGonigal left the meeting at 7:47 p.m. Mayor Myrick asked the Board if they would consent to authorize Just Be Cause Center to move forward with Sketch Review, without committing to sell. The Board suggested requiring that the owner maintain space for public access along the waterfront, and expressed concern about potential attempts to squeeze additional encroachments after the Board’s discussion. Mayor Myrick suggested voting on a resolution next month that included the Board’s reservations. Commissioner Greene noted that he would not support a parking lot in the proposed location. Plantings at 940 East State Street Supt. Thorne indicated that he had spoken with the City Attorney to verify that the process regarding the request from the Building Department for enforcement was being followed correctly, and any appeals should go through the Board of Public Works. Mike Niechwiadowicz, Deputy Building Commissioner, and Tony Love, Exterior Property Maintenance Officer, joined the Board for the discussion of this topic. Mr. Niechwiadowicz explained that the Building Department had been working on obtaining compliance of the plantings ordinance at this address for the past four years. Over that time, a number of tickets had been written. He has met with the property owner, Mr. Yuan, to go over what needed to be done, and Mr. Yuan was not pleased with the requirements. Mr. Yuan has also met with JoAnn Cornish, Planning Director, and Dan Cogan, Chief of Staff, who have both explained the steps Mr. Yuan was to follow. On January 11, 2018, Bob Sarachan, City Prosecutor, wrote to Mr. Niechwiadowicz stating he found Mr. Yuan guilty of 25 counts of ordinance violations. Mr. Niechwiadowicz noted that he would prefer that Mr. Yuan take care of the obstructions himself, but staff has been unsuccessful in obtaining compliance. Mr. Niechwiadowicz explained that the ordinance states that someone referred to the Department of Public Works for correction has a right to appeal the referral. The Board does not act on the tickets. In 2016, Mr. Yuan appealed Mr. Niechwiadowicz’s order for Public Works to correct the violations, and at that time, it was decided to allow Ms. Cornish look into the matter and to give Mr. Yuan additional time. Mr. Yuan was given a year and a half to comply, and has filed another appeal. Board of Public Works Page 4 July 17, 2018 Regular Meeting The view corridor at an intersection, such as Mr. Yuan’s property at the corner of Valley Road and East State Street, must be maintained 20 feet back from the curb along both streets. Within that triangle, plantings may not be any taller than two feet high and grass within the tree lawn may not be any taller than ten inches. Mayor Myrick addressed Mr. Yuan in the audience and asked if he understood the code. Mr. Yuan answered affirmatively. He further stated that he felt he had not gotten any answers from city staff; he called Senator O’Mara’s office, who stated plantings cannot be taller than two feet, not the 10” Mr. Niechwiadowicz stated. He stated he complied with the two foot requirement. He further stated that his plantings are always at or below two feet tall. Mayor Myrick explained that the question under discussion by the Board was whether or not to order public works crews to trim the plants. He asked Mr. Yuan if there was anything within the 20 ft. triangle that was above two feet tall. Mr. Yuan responded that there were none on the East State Street side of his property, but there were two bushes above two feet on the Valley Road side. He claimed that those two bushes were approved by the inspectors, but he has trimmed those bushes. Discussion followed regarding the photos, measuring the plants from the ground, not street level, complaints have been received about the corner, and a police officer that visited the intersection and concluded that there was a visibility obstruction. Extensive discussion followed regarding the exact height that was allowed for plantings in the tree lawn next to the road, and the height allowed further inside the property. Additionally, it was noted that if Mr. Yuan’s property was being monitored so extensively, other properties with tall plantings around the city should be monitored as well. Supt. Thorne suggested that Mr. Love, Asst. Supt. Benjamin, and Transportation Engineer Hathaway visit the site and trim what needs to be trimmed at that time. Commissioner Greene further suggested allowing Mr. Yuan some time to move plants that he wants to keep. Resolution Moved by Mayor Myrick; Seconded by Commissioner McCormick RESOLVED, That the Board of Public Works hereby denies the appeal from Mr. Yuan, owner of 940 East State Street, and be it further RESOLVED, That Mr. Yuan shall have two weeks from the date of this meeting to move or trim his plants, at which time City staff shall visit the site, remediate, and direct Mr. Yuan to maintain the height of the plantings on his property. Carried Unanimously HIGHWAYS, STREETS AND SIDEWALKS: Declaration of Lead Agency Status for the Environmental Review of the East State Street Retaining Wall – Resolution By Commissioner McCormick: Seconded by Commissioner Morache WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 of the City Code, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca is sponsoring a project entitled, “East State Street Retaining Wall,” which aims to replace an existing retaining wall on the south side of the 400 block of East State/MLK Jr. Street, and WHEREAS, the proposed construction of the East State Street Retaining Wall project (PIN 375616, Capital Project #833) is a “Type I” action under CEQR (Section 1 76-4, B(1)(h)(4)), and therefore a “Type I” action under SEQR, and WHEREAS, SEQR and CEQR both require a coordinated review for “Type I” projects that involve more than one agency, and Board of Public Works Page 5 July 17, 2018 Regular Meeting WHERAS, the two other potential lead agencies (Common Council and the New York State Department of Transportation) have consented to the Board of Public Works acting as the lead agency; now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare itself lead agency for the environmental review of the proposed construction of the East State Street Retaining Wall project. Carried Unanimously Environmental Review for the East State Street Retaining Wall Project – Resolution By Commissioner Morache: Seconded by Commissioner Warden WHEREAS, the Board of Public Works has declared itself to be the lead agency for the environmental review for the East State Street Retaining Wall project, PIN 375616 (“the Project”) in accordance with Section 176 of the Ithaca City Code (CEQR) and in accordance with Article 8 of the New York State Environmental Conservation Law (SEQR), and WHEREAS, the Project includes construction of a retaining wall adjacent to an existing retaining wall in order to hold up a portion of East State/Martin Luther King Jr. Street, and WHEREAS, the Project is a Type 1 action according to CEQR and SEQR, and WHEREAS, Full Environmental Assessment Forms (FEAFs) were prepared by staff for CEQR and for SEQR, and WHEREAS, the FEAFs were provided to the Parks, Recreation, and Natural Areas Commission in accordance with Chapter 176 of the City Code, and WHERAS, on July 17, 2018, the Board of Public Works declared itself lead agency for a coordinated environmental review for CEQR/SEQR, and WHERAS, the Board of Public Works, acting as lead agency, has reviewed and accepted as complete Full Environmental Assessment Forms and Project plans prepared on behalf of the City by Erdman Anthony engineers, and other project materials, now therefore be it RESOLVED, That the Board of Public Works determines that the project for the East State Street Retaining Wall, located in the City of Ithaca, will result in no significant negative environmental impact for purposes of Article 8 of the NYS Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act and that a Negative Declaration for purposes of Section 176 of the City Code be filed in accordance with the City Environmental Quality Review Ordinance. Dir. of Eng. Logue explained the project which was to include remediation of the retaining wall along East State Street next to the Gateway Building, which the City had purchased for $1. He stated the wall was falling apart; the project included building a new wall next to the existing wall. Because the wall is across the street from East Hill Historic District and considered a Type 1 action, the Environmental Review was extensive. A Vote on the Resolution Resulted as Follows: Carried Unanimously Approval of 2019 Sidewalk Assessment Roll – Resolution By Commissioner Morache: Seconded by Commissioner Jenkins WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair; and WHEREAS the Board of Public Works is responsible for recommending to the Common Council a budget and schedule of work for each SID district for each fiscal year, following a public hearing; and WHEREAS the Board has received a proposed SID assessment roll, budget, and schedule of work for Fiscal Year 2019; and Board of Public Works Page 6 July 17, 2018 Regular Meeting WHEREAS the City provided public notice of the SID assessment roll, budget, and schedule of work in July 2018; and WHEREAS owners of assessed properties were provided an opportunity to file written objections with the City Clerk, and present evidence to the Board at a public hearing on July 17, 2017; and WHEREAS the Board has given due consideration to the objections, if any, presented by the property owners in accordance with Section C-73; now, therefore, be it RESOLVED, That the Board recommends, subject to amendment and approval by the Common Council, the 2019 budget and schedule of work attached hereto, and be it further RESOLVED, That the Board finally approves the schedule of assessments constituting the 2019 assessment roll, which are reflected on the assessment roll kept on file with the City Clerk, which roll the Superintendent of Public Works shall on behalf of the Board file with the Common Council in the form of an upcoming Committee agenda thereof, and which roll shall thereafter be confirmed, as amended, by the Common Council by local law after a public hearing, creating a lien upon the real property so assessed. Dir. of Eng. Logue introduced John Licitra, Sidewalk Program Manager, and stated that his first action was to obtain approval for the assessment roll, noting that no one was objecting to the assessment. Mr. Licitra’s second action would be to recommend the 2019 work plan. Mr. Licitra noted that public meetings were being held this week to hear from residents about the proposed work plan, and he read a letter from Mr. Henderson for the record, which indicates very valid concerns. 16 July 2018 TO: BPW FROM: David W. Henderson Daina Taimina RE: SID Work Plan and Budget w.r.t. East Spencer Street (“ESS”) Background (before SID): ESS consists of 1 block (100’s) and has ~50 residential units (singles family houses to small apartment buildings). There are ~1600 LF (linear feet) of sidewalks on the street. Of this ~290 LF are owned (and snow-shoveled) by the city. During the 15-years prior to formation of the SIDs, ~300 LF were replaced by private property owners -- none of the city owned sidewalks were replaced prior to 2014 and they appear to not have been replaced for many decades (See photo). David has a progressive neurological condition that restricts his balance and walking. He is finding it getting more difficult to walk along our sidewalks and, when we travel with suitcase by bus to NYC (which we do frequently) he must walk in the street because the ESS sidewalks are too rough/broken for him to roll the suitcase – this puts him in danger from cars illegally using ESS as a fast shortcut. At a public meeting in 2017, John Licitra (City sidewalk director) identified ESS as having sidewalks in the worst condition in the city. SID work before 2018: Early after the formation of SIDs, the SID Work Plans listed ESS as ‘Design Project’. In the 2016, the 2017 Work Plan listed ESS as a ‘Construction Project’ – however, no construction was done in 2017, apparently because of need for capital funds, and a lack of appropriate construction bids. About 2015-2016, the City repaved Ithaca Police parking lot at the East end of ESS and replaced about 60 LF of sidewalk along ESS, but not another ~15 LF of the ESS sidewalk adjacent to the police parking lot (see photo). This sidewalk replacement was NOT considered part of SID funding. Below we argue that all city owned sidewalks be funded outside the SID budget. 2018 Work Plan & Budget: 100 E Spencer St, North & South sides, 570 LF budgeted at 17 $/SF = $ 48,450 (calculated assuming sidewalk width of 5 feet; so, 1 SF = one square foot = 5 x 1 LF). Clearly this is not enough funds to build the needed ~250 LF retaining wall. It is not clear which 570 LF are intended. By our observations, ~1000 LF need repairs or replacing. Work on the ~250 LF new retaining wall and associated sidewalk started about July 7 (1 month after it was scheduled to start). However, “unexpected” solid rock has been encountered, which necessitates additional costs. We are told that will take away funds from additional sidewalk work on ESS for 2018. Board of Public Works Page 7 July 17, 2018 Regular Meeting 2019 Work Plan & Budget: 100 E Spencer St & Curb Ramps, North side, 400 LF budgeted at 21 $/SF = $ 42,000. It is not clear which 400 LF is intended. We identify on the Northside of ESS, about 680 LF needing repair/replacement of which ~70 LF is on city owned sidewalks. 300 Wood St & Fair St Curb Ramps, South side, 460 LF budgeted at $60,000 (No $/SF figure is given, but works out to be ~27/SF. A casual observation indicates that Wood St should be less costly per SF than the North side of ESS. Also, we could find NO places where curb cuts on Fair St were needed. We note also that there are only 5 houses (all single family) on the South side of the 300 block of Wood street. Compare this to 50 residential units on ESS! We request: Finish repair/replacement of all ESS sidewalks and associated retaining walls by 2019. Specifically: 1. The 570+400 LF of ESS sidewalk construction budgeted in the 2018 & 2019 SID Work Plans is approximately equal to the non-city-owned sidewalk in need of replacement. 2. Other city funds will be needed for the necessary replacement of ~220 LF of city owned sidewalk on East end of ESS and on North side, West end. These include the sidewalks in the worst conditio n after the current project is finished. (See photos.) There is precedence since the recent replacement of sidewalks around the police parking lot was funded outside SID. 3. Repair of the 1940 retaining wall now existing on the South side East half of ESS. The wall is mostly retaining but now has developed significant deterioration (See photos) and the railings on the East end have become very loose/wobbly – soon dangerous. 4. A uniform look for all ESS with railings of similar design and same color paint. See photo for and example of city leaving railings on ESS city owned property not painted. Final comment: We have lived on ESS since August 1997 and by now we are the oldest residents on this street. Over the years we have observed the public infrastructure on ESS deteriorating. It was very good news to learn that finally something will be done on our street. However, we are concerned that again doing just some portions will leave our street looking even worse – one end of the street with a nice new retaining wall, the other end – an historic, crumbling retaining wall built in 1940. Our street is short but it is busy -- it is one of the streets with most foot traffic on it – from students walking to bus stop, people from uphill houses walking on our street, people from Downtown offices park their cars for a day on our street and walk to Commons. Don’t we finally deserve our street to be fully completed in 2018 and 2019 instead of diverting funds to other projects elsewhere that can wait? Walking (with increasing difficulty) on our dangerously crumbling sidewalks and looking at the 1940 wall makes us feel as some second-class citizens who do not live in “beautiful Downtown Ithaca,” which has enough money to waste half a million $ on useless fountain on Commons. We are feeling we live in some rundown place neglected by the city. We (property owners) on the street have done our part by continually improving our buildings and lots – now is time for the city to do its part. 1940 Retaining Wall, South side, East half (last photo on city owned portion of East end of wall—note sidewalk undermined and loose railing) Board of Public Works Page 8 July 17, 2018 Regular Meeting note some replaced some not note primer, no paint ESS North side sidewalk adjacent to police parking and crumbled square City-owned A Vote on the Resolution Resulted as Follows: Carried Unanimously Resolution to Amend Street Permit Fees For Use of the Commons During Building Demolition or Construction By Commissioner Jenkins: Seconded by Commissioner McCormick WHEREAS, Section 342 of the City Code requires a street permit for work within the City right of way and authorizes the Board of Public Works to set fees for such permits, and WHEREAS, Section 342-39, specifically addresses use of street or sidewalk space in building demolition and construction, and WHEREAS, Common Council is considering changes to Chapter 157 of the City Code clarifying that Street Permit fees are required to work on or otherwise occupy the Commons for building demolition or construction activities, delegating to the Board of Public Works the authority to set fees for such permits, now, therefore, be it RESOLVED, That the Board of Public Works hereby amends the schedule of fees for street permits issued for occupancy of the right of way for the purposes of building demolition or building construction (which includes erection, demolition, repair, alteration or reconstruction of a building), in accordance with Section 342-39 and Chapter 157 to add the following fee for work on the Commons: Commons Permits – Fee shall be the current square foot fee for a license to use City property in the Central Business District with the understanding that the fee shall be charged on a daily rate, including weekends and holidays and that days are not pro-rated for partial occupancy, and be it further RESOLVED, That this fee schedule will apply to all permits starting September 1, 2018. Dir. of Eng. Logue explained the purpose of this resolution, and requested that the Board pick a date in the future to begin charging new fees. Mayor Myrick indicated that it was Common Council’s idea that fees should be charged for the use of city property anywhere in the city, not just on streets or sidewalks. A Vote on the Resolution Resulted as Follows: Carried Unanimously Cherry Street Road Extension Mayor Myrick explained the request to extend Cherry Street. Nels Bohn, IURA Director, joined the Board to explain that a client had been found to buy a portion of the adjacent city-owned property, but they would need the road extended. Board of Public Works Page 9 July 17, 2018 Regular Meeting Supt. Thorne noted that there hadn’t been an extension of a road in the city for a very long time. He further stated there was an easement that wrapped around the property; he would like to know if the easement could be relocated to go along roadway. Discussion followed on the floor regarding the location of utility easements. The Board generally agreed with the proposed design. PARKING AND TRAFFIC: Traffic Calming on Hancock Street This topic was removed. CREEKS, BRIDGES, AND PARKS: Cass Park Rink Enclosure Declaration of Lead Agency – Resolution By Commissioner Warden: Seconded by Commissioner Morache WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a Lead Agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, a Consolidated Funding Application (CFA) has been submitted to the NYS Environmental Protection Fund (EPF) Grant program for review and approval by the City of Ithaca Board of Public Works (BPW), and WHEREAS, the applicant proposes to Enclose Cass Park Rink, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), and State Environmental Quality Review Act (“SEQRA”), and is subject to Environmental Review, and WHEREAS, the City of Ithaca Board of Public Works is the local agency which has primary responsibility for approving and funding or carrying out the action, now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare itself Lead Agency for the Environmental Review for the action of Approval by the City of Ithaca for submission of a CFA for the purpose of enclosing the Cass Park Ice Rink. Carried Unanimously Cass Park Rink Enclosure CEQR Negative Declaration – Resolution By Commissioner Greene: Seconded by Commissioner McCormick WHEREAS, a Consolidated Funding Application (CFA) has been submitted to the NYS Environmental Protection Fund (EPA) Grant program for review and approval by the City of Ithaca Board of Public Works (BPW), and WHEREAS, the applicant proposes to enclose Cass Park Rink WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), and State Environmental Quality Review Act (“SEQRA”), and is subject to Environmental Review, and WHEREAS, the BPW, being the local agency which has primary responsibility for approving and funding or carrying out the action, did on 7/17/2018 declare itself Lead Agency for the Environmental Review of the project, and WHEREAS, this Board, acting as Lead Agency in Environmental Review, did on 7/17/2018 review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the applicant, and Part 2, prepared by staff; drawings entitled “Cass Park Rink Renovations, Phase 2” submitted to the board and prepared by Labella and other application materials, now, therefore, be it Board of Public Works Page 10 July 17, 2018 Regular Meeting RESOLVED, That the City of Ithaca Board of Public Works determines the proposed project will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Dir. of Eng. Logue explained that the project was to enclose the rink and install a humidifier system. A Vote on the Resolution Resulted as Follows: Carried Unanimously WATER AND SEWER: Appeal of Water Bill for 228 Wood Street Asst. Supt. Whitney explained the appeal, stating that the Board had originally agreed that leak notices would be offered as a courtesy for property owners. He noted that there have been toilet leaks at this rental unit twice. Discussion followed on the floor regarding the amount of water wasted from the leaks and risks of being a landlord. The Board agreed to authorize a payment plan and deny the appeal. NEW BUSINESS: Belle Sherman Outdoor Classroom Commissioner Greene explained that Rusty Keeler had been working on several projects within the city to build an outdoor classroom in Strawberry Fields. Volunteers have worked to clean out the woods of invasive plants. The map that was distributed indicated the plans for the outdoor classroom, which included tables, a gazebo, and natural play areas. Moving Stewart Park Playground to Wood Street Park Commissioner McCormick explained that there had been some discussion about the removal of the existing playground in Stewart Park, and noted that City Forester Jeanne Grace had been looking for Board support to move the playground to Wood Street Park, if the playground was found to be up to code. He further stated that the hope was to take down the playground and store it over the winter, then install it in Wood Street Park in the spring. The Board indicated support for this proposal. ADJOURNMENT: On a motion, the meeting adjourned at 8:44 p.m. Kathrin D. Servoss Svante L. Myrick Executive Assistant Mayor