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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. 2 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 3 August 6, 2012 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. 4 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. 5 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