HomeMy WebLinkAboutMN-BPW-2012-08-06BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. August 6, 2012
PRESENT:
Mayor Myrick
Commissioners (5) - Jenkins, Darling, Morache, Leccese, Goldsmith
OTHERS PRESENT:
City Attorney - Lavine
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Fleming
Information Management Specialist - Myers
Transportation Engineer – Logue
Jr. Transportation Engineer - Johnson
EXCUSED:
Alderperson Acharya
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications for the Board today.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Alderperson Brock, 1st Ward, addressed the Board regarding the proposed use of city
parkland for private gardens. She explained the State’s rules and regulations regarding
use of city parkland. She encouraged the Board to examine what was done in the past
by the City regarding the use of parkland before proceeding with any decisions.
RESPONSE TO PUBLIC:
Board members reserved their comments about use of city parkland for later in the
meeting when the topic will be discussed.
REPORTS:
Asst. Supt. Benjamin reported that work on the 400 block of North Geneva Street has
been completed. He explained that crews have done as much work as they can on East
State/Martin Luther King Jr. Street with the Collegetown Terrace project underway.
Crews continue work on the Ithaca Road project, with a proposed completion date of
August 15th. He also reported that FEMA changed their proposal for repair of the access
ramp on the south side of Six Mile Creek near South Titus Avenue.
Asst. Supt. Whitney reported that crews continue to be extremely busy with a lot of
service work. Cornell University is now requiring that all fraternities and sororities have
sprinkler systems by 2013, so with that work and work on the Collegetown Terrace
project the crews will be very busy for years to come. He stated that city professional
staff has been working with representatives from O’Brien and Gere on the final design
for the water treatment plant. He noted that it was nice to have the 2013 budget work
completed, and submitted for now.
Supt. Gray reported that work on the Collegetown Terrace project is behind schedule.
Crews are rushing to get work completed so that occupancy certificates can be issued.
A couple of the buildings have been completed, and certificates of occupancy issued so
that people can move in. The developer is paying for 120-130 hotel rooms for those
whose residences aren’t complete as expected when leased. The Fire Chief has been
onsite daily doing inspections as well.
APPROVAL OF MINUTES:
There were no minutes on the agenda for approval.
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August 6, 2012
ADMINISTRATION AND COMMUNICATIONS:
There were no communications for the Board.
VOTING ITEMS:
HIGHWAYS, STREETS, AND SIDEWALKS:
A Resolution to Declare Lead Agency Status for the Environmental Review
of the Bicycle Boulevard Plan Adoption/Implementation
By Commissioner Goldsmith: 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, SEQR and CEQR both provide for an uncoordinated review for
“Unlisted” projects that involve more than one agency, and
WHEREAS, the proposed adoption/implementation of the Bicycle Boulevard Plan
is an “Unlisted” action under SEQR and is an “Unlisted” action under CEQR;
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 aforementioned plan.
Commissioner Morache reminded staff that when traffic diverters are installed,
especially the one proposed at the left turn from Tioga Street onto Court Street that
traffic will be shifted to Aurora Street. A similar situation will occur at Corn Street,
motorists will use Plain St.
Supt. Gray explained what has been used in the past for traffic calming might be used
again as a trial to see how it works at particular intersections. He noted that any plan
would need to be approved by the Board.
Transportation Engineer Logue explained that he would like to see the proposed plan
for traffic calming presented to the Board and the public for their information and
feedback to staff. One question would be if the plan is adopted how much detail does
the Board want included, and how to proceed. He further noted that the City has run into
difficulties in the past with the placement of some diverters for traffic calming, so staff is
willing to experiment with different kinds of methods to which works best at a particular
intersection. He reported that a grant application to help fund the program has been
submitted, and that staff is also working with the Ithaca City School District for other
grant opportunities related to the safe routes to school grant program.
Commissioner Goldsmith expressed concern for the safety of high school students as
they exit off of and onto at the spot across from the high school. Students do not look
out for motorists as they cross North Cayuga Street, nor are there are signs alerting
motorists to slow down in the school zone.
A brief discussion followed on the possibility of installing traffic signs on N. Cayuga
Street by the High School that would caution/urge motorists to slow down in this area.
Transportation Engineer Logue thought it might take a couple of weeks for the signs to
be installed – depending on how many signs were in the sign shop. The Board would
like signs installed as soon as practical, if not before school begins.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
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DISCUSSION ITEMS:
A. Review of Unused City Property:
Supt. Gray explained why this item was on the Board’s agenda, again. He stated that
the Board would make a recommendation to Common Council, and that Common
Council would be the body to either approve or disprove the sale of the surplus
property. He explained that the Planning Department may have ideas for the land on
Elmira Road (321) and ways to repurpose its use. That is why this property is back
before the Board, even though Common Council did not approve the recommendation
from the Board to sell the property.
The Board would like to have a list of all the surplus property (Supt. Gray explained that
information on surplus properties had been updated and the Board had not seen that
information yet – there are about 150-160 properties listed). The Board requested that
the list be e-mailed to them as soon as possible.
Commissioner Goldsmith noted that he heard that the developer has offered to exercise
its option to buy the community gardens site from the City. Mayor Myrick confirmed this
and noted that some surplus property could probably be used as a site for community
gardens. He further explained that if the City does not renew its lease with the
community gardens group, that the developer could exercise its option to buy the land
and redevelop it. If the lease is renewed by the City, the community gardens would
remain. It is a very complicated issue.
The Board supported Asst. Supt. Benjamin’s request for the City to retain the property
at 715 Willow Avenue for use by S & F – with the understanding that perhaps part of the
property that fronts Willow Avenue might be able to be sold.
The Board would like to invite Nancy Schuler and Tom Hanna back to a meeting so they
could discuss and explain the Board’s inclination to sell the property at 700 E. Seneca
Street. The City cannot continue to maintain it, and the Board would like to explain the
situation to Nancy and Tom so that they could report back to the neighborhood about
the possibility of the city selling the land.
Supt. Gray reported that the city recently re-surveyed properties on Elmira Road and
that staff would provide Board with that updated information as well.
The Board discussed the possibility of recommending the sale of 321 Elmira Road to
Common Council again (CC did not approve the sale). Alderperson Fleming explained
that the reason CC did not approve that recommendation was that Alderperson Proulx
made the statement that the property would most likely be used for a parking lot or
small chain restaurant and neither would add to the quality of life.
A brief discussion followed on the floor about what the market value might be to
adjoining property owners that might be willing to obtain a license from the City for the
installation of additional signage. Asst. Supt. Whitney stated that before Rob Cutting
passed away, he was proposing to purchase the land for use as a car
charging/alternate fuel station.
The Board also discussed the property on Floral Avenue on the inlet side, and the value
of the City retaining it as a walkway/trail that would provide a nice view. The other side
to that option would be whether it is worth $90,000 to the City to retain it for the view?
Community Gardens Part II:
Alderperson Cynthia Brock spoke during the public speaking portion of the meeting
regarding use of parkland for private gardens, and New York State law regarding
alienation of parkland and the creation of equal value substitute land. She encouraged
the Board to consider surplus city property for use for gardens.
Supt. Gray explained that the City currently rents boat spaces for seasonal use by
private individuals in public parkland. He wondered whether the City could rent garden
plots for the season to individuals or groups.
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August 6, 2012
City Attorney Lavine explained that use of city parkland for community gardens is a
close legal issue for both sides. New York State law is pretty clear that leasing land for
community gardens is inadvisable. He further stated that the city might have a good
argument for licensing city parkland on an annual basis for community gardening –
however, there are a number of requirements that must be met in order to comply with
the law. One of those is that the city must maintain public access to the parkland by the
community; a second one is that the gardens must be maintained in a neat, well-kept
manner and appearance. The definition of parkland is that it must provide for the
enjoyment of the community, and not just a private individual or organization. The City
would retain its right to revoke any license as well. The City must provide equal access
to everyone with its parkland.
Mayor Myrick noted that this issue may come to a head soon with Community Gardens,
Loaves and Fishes, and Cornell Cooperative Extension all interested in using city
property for community gardening.
Commissioner Morache reported that there has been a working group meeting for the
past three years regarding the issue of community gardens in the City, and possible use
of parkland. He stated that Portland, Oregon has a large community gardening program
that the working group is considering patterning the City program from. The working
group has been looking into possible sites, reviewing whether or not they would work for
a garden, standards, management, and upkeep of the garden to name a few. The
review takes a lot of work, and he compared it to the issue the city has been facing
regarding whether or not to allow hot trucks to do mobile vending in the City. The City
should have an overall program in place for both before it begins to license any group or
individual.
Commissioner Lecesse reported that there are currently 150 plots in the community
gardens, with 70 people on a waiting list for a plot. There are other community gardens
established on East and West Hills.
Commissioner Morache stated that it would be good to map out all the community
gardens in the City to see where land can be leased to individuals on an annual basis.
A brief discussion followed on the redesign of Route 13 and Third Street, which many
utilize to access the Farmers’ Market and the community gardens site. The final design
process should be finalized by early 2013, with construction proposed for Fall 2013.
Supt. Gray stated that it would seem that the request from the community gardens
group, Loaves and Fishes, and Cornell Cooperative Extension should be set aside until
the working group makes a recommendation to the Board.
City Attorney Lavine reminded everyone that lots of public access must be maintained
as well as a well maintained appearance of any parkland that might be licensed for use
as a community garden on an annual basis.
Commissioner Darling reported that Ithaca College has begun to replace its ornamental
gardens with perma culture type plantings such as fruit trees/berry bushes for food
bearing purposes. He stated that it is a different way to think of gardening as the push
to be more sustainable and for people to grow their own food is made. This type of
gardening is also lower maintenance than with ornamental gardens, which is something
to consider as well.
Alderperson Fleming wanted the Board to be sure to be clear about why the City of
Ithaca should be involved with gardening, when the 2013 strategic budget planning is
underway, with many city departments facing cuts to staffing and equipment. The Board
needs to be clear as to why the City is supporting neighborhood gardens on city
property.
City Attorney Lavine stated that where it stands in line, parks are for recreational
purposes, and community gardens support recreational purposes for public parkland.
He cautioned that Board not to turn an entire park into community gardens.
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August 6, 2012
Commissioner Morache noted that the City should also consider the local food
awareness aspect that community gardens bring, which might be considered as
economic development.
Alderperson Brock stated that the New York State Code was amended regarding
community gardens that would allow school district land to be used as a possible
location for community gardens as an educational component. In addition, she
encouraged the Board to remember the newly enacted Chapter 170 of the City of Ithaca
Municipal Code entitled “Use of City Land” that would use market value of the land for
the fee for any license agreement with an individual or group for the community
gardens.
Proposed Revisions to the City’s Site Plan Review Ordinance:
Supt. Gray reported to the Board, on a time sensitive issue, since it is going before the
Planning and Economic Development Committee on Wednesday, 8/8 the changes
being proposed to the City’s site plan review ordinance. He explained that the
Department of Public Works currently is not required to go through site plan review or
obtain building permits for its projects. However, with the new language being proposed,
the Department of Public Works would be required to go through the site plan review
process. He is concerned about the delays this will cause in being able to do the work
(since the Planning and Economic Development Committee only meets once a month),
and that the proposed changes conflict with the City Charter regarding the Board’s
authority over parks and streets. He wanted to bring this to the attention of the Board to
get their feedback on the proposed changes before he speaks at the meeting. City
Attorney Lavine responded that the question regarding the conflict with the City Charter
is very relevant and that he will meet with Supt. Gray to discuss it further.
Discussion followed on the floor regarding the talented staff in the Department of Public
Works, and the amount of bureaucracy and staff time that would be created by the
proposed changes. Mayor Myrick asked the Board whether they would be comfortable
with Supt. Gray stating to the Planning and Economic Development Committee that the
Board had serious concerns with the proposed changes. Board members agreed, and
some indicated that they may attend the meeting to speak in opposition to the proposal
as well.
ADJOURNMENT:
On a motion the meeting adjourned at 6:20 p.m.
Sarah L. Myers Svante L. Myrick
Information Management Specialist Mayor