HomeMy WebLinkAboutMN-BPW-2011-03-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. March 9, 2011
PRESENT:
Mayor Peterson
Commissioners (4) - Jenkins, Wykstra, Acharya, Goldsmith
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Information Management Specialist - Myers
Alderpersons Dotson, Rosario, and Clairborne
Traffic Engineer – Logue
Engineering Technician – Johnson
EXCUSED:
Commissioner Warden
Common Council Liaison Zumoff
DAC Liaison – Roberts
Commissioner Wykstra requested a moment of silence in remembrance of
Commissioner Warden’s daughter, who recently passed away.
MAYOR’S COMMUNICATIONS
Mayor Peterson noted that her office has received many letters and notes about the
recent big snow storm that both congratulated our DPW crew for their work as well as
complained about their work. She felt this might be a good topic to discuss at a future
meeting.
Supt. Gray reported that staff is monitoring the many creeks in the City very closely. He
stated that there is a threat of 1” of rain within the next thirty-six hours which could be
very bad. He noted that the City Clerk’s office sent a reminder notice out to the
neighborhood list serves reminding them to monitor weather conditions and to make
sure if they have sump pumps in their basements that they are in good working
condition.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Alan Karasin, Town of Ithaca and Dragon Boat Recreational Leader (which is the less
competitive side of the sport), addressed the Board regarding the new use of city land
policy. He stated that the proposed resolution on the agenda looks good, and reminded
the Board that the Dragon Boat Club is a not-for-profit organization. He further
explained how they make their programs available and accessible (both physically and
financially) to anyone who wishes to participate. He requested that the Board consider
alternate terms of payment for the use of the docks such as community service by the
Dragon Boat Club.
Jeff Cleveland, owner of Johnson’s Boatyard, addressed the Board regarding the
updated resolution on the agenda regarding docks at Newman Golf Course. He
explained how the late notification to them (they received letters from the City
yesterday) of the new license fees would affect them this season because they had
agreements in place already for the 2011 season based upon previous years’ fees.
Bob Haney, Finger Lakes Sailing Services, addressed the Board to express similar
concerns raised by Mr. Cleveland regarding the updated resolution on the agenda
concerning the docks at Newman Golf Course and the increased rates for the 2011
season.
Public Hearing: Possible Removal of the Wood Street and South Street Traffic
Diverters:
Mayor Peterson asked Traffic Engineer Logue to provide a brief history of the diverters
on Wood and South Streets prior to the public hearing.
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March 9, 2011
An Abbreviated History of Traffic Studies and Construction Related to
the South of the Creek Neighborhood and the “Diverters”
1990s
• Southwest Area Land Use Planning – impacts of various land use scenarios.
Council directed planning work in 1992, though discussions and other planning
had been ongoing since early 1970s
• Task Force on Traffic Issues – studies traffic issues around the City, including the
South of the Creek neighborhood, 1992 – 1994
• Octopus realignment discussions and design. Construction begins in 1995 and
continues for about 3 years
• City commissions study of converting West Spencer Street to two-way traffic and
other traffic concepts in South of the Creek neighborhood. Study completed by
SRF & Associates in 1999
• Traffic Impact Studies included in Generic Environmental Impact Statement for
Southwest Area Land Use Plan – 1998 and 1999
2000
• March: Diverters installed at Wood/Fair and South/Fair intersections as
temporary measure
• August: GEIS adopted, calling for further study of traffic management and
monitoring
2001
• April: Southwest Area Land Use Plan adopted
• Six Point Plan study – Wilbur Smith & Associates – adopted Dec 5th
• September & December: Six Point Plan recommendations funded
2002
• April: South of the Creek Traffic Calming Planning Charrette
• Nov: Reconstructed South Plain Street Bridge over Six Mile Creek opened to
motor vehicle traffic (with sidewalks & bike lanes)
2003
• Meadow Street (Rt 13) bridge over Six Mile Creek widened
• Mini-circle built at Center Street & South Plain Street
2004
• West Spencer Street converted to two-way traffic
• Roundabout constructed at W. Spencer, S. Albany, and Old Elmira Rd
• South Meadow Street/Elmira Road (Rt 13) highway widening
• Common Council redirects action on Taughannock Blvd Extension study (to
pursue federal funding, instead of City only funding)
2006
• South Meadow Street Traffic Study completed by Fisher Associates – a follow up
traffic study required by NYSDOT to assess impacts of southwest development
and transportation improvements
2007
• Ithaca Housing Authority requests removal of “diverters”
• Board of Fire Commissioners requests removal of “diverters”
2008
• February: Neighborhood meeting held with City Planning & Engineering staff
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March 9, 2011
Resolution to Open Public Hearing:
By Commissioner Acharya: Seconded by Commissioner Jenkins
RESOLVED, That the Public Hearing Regarding Possible Removal of the Wood Street
and South Street Traffic Diverters be declared open.
Carried Unanimously
Beverly Dingman, Titus Towers Resident, addressed the Board in support of the
removal of the traffic diverters. She feels they make it unsafe for wheelchairs, people
with canes, and emergency vehicles.
Libby Libertore, Titus Towers Resident, addressed the Board in support of the removal
of the traffic diverter on Wood Street near Titus Towers, as she feels it is not good for
emergency vehicles.
George Demund, Titus Towers Resident (who is legally blind), addressed the Board in
support of the removal of the traffic diverters because they cause damage to vehicles,
including emergency vehicles.
Brenda Westfall, Ithaca Housing Authority Executive Director, addressed the Board in
support of the removal of the diverters. She explained that the Ithaca Housing Authority
has been requesting their removal since 2007 – especially the one in front of the
driveway at Titus Towers. She stated that the diverters damage emergency vehicles,
which make frequent responses to alarms at Titus Towers, and also slow their response
time. She further explained that in 2000 there was a natural gas leak where all the
residents at Titus Towers had to be evacuated and it was very difficult to do that with
the diverters in place.
Jennifer Dotson, alderperson for the first ward and resident of this neighborhood,
addressed the Board, on behalf of residents of this area who are concerned that the
diverters will be removed and nothing will be installed to help calm traffic in the
neighborhood. The residents are very concerned about the safety of children and users
of the park in the neighborhood. She further stated that the residents do understand the
concerns raised by the fire department concerning the damage that the diverters cause
to their vehicles, and that something needs to be done – they just want to make sure
that there is something else that can be put in place when the diverters are removed.
She further stated that there have been suggestions made that perhaps four-way stop
signs at intersections might help slow traffic and ensure the safety of residents.
Eric Rosario, alderperson for the second ward, addressed the Board to explain that in
meetings with the neighborhood concerns about the box of rocks diverters that are at
these intersections are not attractive and need to be replaced. He noted that it is clear
that the diverters are causing problems for emergency responders, their vehicles, and
their response time to residents of Titus Towers. He would also like to support the
request that four way stop signs be installed at these intersections.
J.R. Clairborne, alderperson for the second ward, addressed the Board to express his
support for the removal of the diverters and the installation of four-way stop signs at the
intersections. He explained that if city staff have suggestions for alternatives to the
diverters, he and neighborhood representatives would be very interested in working with
staff and the Board of Public Works to find a solution for this situation.
Mayor Peterson stated that Sue Perlgut and Michael Schaff submitted an e-mail on their
thoughts regarding the diverters. The e-mail states that they feel the diverters should
remain in place until some long-term solution to the traffic problem is found. They would
not support the installation of four-way stop signs at intersections because they feel
there will be an increase in traffic in the neighborhood. The e-mail further explains any
increased traffic in the neighborhood threatens the value of the homes and the variety in
the residents.
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March 9, 2011
Resolution to Close Public Hearing:
By Commissioner Wykstra: Seconded by Commissioner Acharya
RESOLVED, That the Public Hearing Regarding Possible Removal of the Wood Street
and South Street Traffic Diverters be declared closed.
Carried Unanimously
RESPONSE TO PUBLIC:
Commissioner Wykstra thanked the speakers for their comments. He requested that
staff research possible solutions to the removal of the diverters to present to the Board
for consideration.
Supt. Gray noted that information was distributed for the Board’s review regarding the
history of the diverters. The public hearing was an opportunity to hear what the
residents in the neighborhood would like. He stated that the Board should discuss this
further so that a proposed resolution could be written. He further stated that the Ithaca
Fire Department would like to have more discussion about this topic as well.
APPROVAL OF MINUTES:
Approval of the November 10, 2010 and February 16, 2011, Board of Public Works
Meeting Minutes – Resolution
The Board postponed approval of these minutes until the March 16, 2011 Board of
Public Works meeting.
Approval in Concept to the Installation of Fencing around Auburn Park –
Resolution
By Commissioner Wykstra: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works has received a request for additional fencing
along the perimeter of Auburn Park from the Drop-In Children’s Center, but forwarded
through the Parks Commission, and
WHEREAS, the Parks Commission provided a resolution of support for the additional
fencing, provided that it followed a modified design containing three large strategically
placed openings as shown in a drawing attached to their resolution dated January 11,
2011, and
WHEREAS, the Board recognizes that support for additional fencing may not be
universal in the larger Fall Creek neighborhood, but understands that fencing is
reversible in that it is not an expensive or complex installation, and that the Drop-In
Children’s Center is still interested in providing play areas closer to the center itself, now
therefore be it
RESOLVED, That the Board of Public Works supports, in concept, the proposal by the
Drop-In Children’s Center to install (or to cause to be installed), additional fencing in the
northerly portion of Auburn Park, at the Center’s sole cost, but will require the following
prior to making a final determination on the proposal:
1. Environmental review of the proposed action;
2. Site plan review;
3. Submission to the City of shop drawings and material specifications for the
proposed installation that are acceptable to the Superintendent of Public
Works and that are in conformance with the resolution of the City’s Parks
Commission on this subject; and
4. Written commitment by the Center to comply with NYS Labor Law, section
220(2), as to prevailing wage requirements for installation of the fence.
David Scovronick, Executive Director of the Drop in Children’s Center, and Sally True,
board member of the Drop in Children’s Center, joined the Board for discussion of this
item.
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March 9, 2011
Mr. Scovronick explained that the Drop in Children’s Center doubled in size in 2005.
That expansion decreased the size of the playground area adjacent to the building
making it too small for all the children in their care to play in. He was looking in the
neighborhood for an area that would have room to allow the children to run around
safely, supervised by their teachers (they have in their care children ranging in age 6
weeks to 5 years old). He stated that Borg Warner has provided funding for the
proposed fencing around Auburn Park, as well as labor, so there would be no cost to
the City. He stated that the Parks Commission has reviewed their request and
approved it and in fact would recommend a larger fenced in area at the park for the
children to play in.
Commissioner Acharya stated that he spoke with neighbors in the area who have mixed
views about the proposal; although more positive than negative.
Discussion followed on the floor regarding where the fencing would be installed, where
gates would be installed so that everyone enters the park in the same way, and the
request from the Ithaca Police Department to remove the yew trees that provide hiding
places.
City Attorney Hoffman stated that this proposal would be subject to at least the initial
stage of environmental review, which could be the short form depending on the
answers, to comply with City and State environmental laws. He stated that this would
be an unlisted action and might qualify for the short form. He further stated that the
County inserts a template statement in these types of resolutions just to make sure all
bases are covered since there will be a physical change to the environment here.
A Vote on the Resolution Resulted As follows:
Carried Unanimously
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Request for Awning at 215 Dryden Road – Resolution
This item was not discussed.
CREEKS, BRIDGES, AND PARKS (15 MIN.):
Fees for Use of City Real Property – Boat Slips at Cass Park – Draft Resolution
By Commissioner Goldsmith: Seconded by Commissioner Wykstra
WHEREAS, in 2010, the City of Ithaca installed two fixed docks extending from Cass
Park into a shallow cove of the Cayuga Inlet, to serve human powered craft, and
WHEREAS, the new docks supplemented an existing, floating dock at the same
location, intended for the same purpose, and
WHEREAS, the City subsequently received a request from the Ithaca Asian American
Association’s Dragon Boat Club to use both faces of one of the new docks to store two,
long “dragon boats” which the Club owns and operates for the use of its members and,
on occasion, other members of the public, and to maintain a shed (approximately 10
feet by 12 feet) for boating supplies, on Cass Park land adjacent to the dock, and
WHEREAS, according to Chapter 170 of the City Code, the exclusive (or semi-
exclusive), non-transient use of City parkland must be authorized by the Common
Council, and
WHEREAS, on May 5, 2010, the Common Council authorized the issuance of a
revocable license, to the IAAA/Dragon Boat Club, for reserved use of one dock (i.e., two
long slips) and the shed, for the 2010 boating season, provided that such use for the
dragon boats did not prevent other members of the public from walking on or fishing
from the dock, except during the launching or return of a dragon boat, and
WHEREAS, at that time, the City had not established a fair-market rental fee for such
use of its property (wherever located), and the Common Council decided essentially to
waive any fee for the IAAA’s initial (2010) use of the docks and space for its shed, and
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March 9, 2011
WHEREAS, since then, an independent appraiser retained by the City has completed
its report, and recommended a seasonal use fee of $350 per slip for docks associated
with City-owned land (which are made available to the general public at commercial
rates, by the licensees), which rate was adopted by the Board as part of its 2011-12
schedule of fees for use of City real property, and
WHEREAS, taking an alternate approach to value calculation, staff has estimated the
annual capital cost for the new docks as follows:
Construction Cost: $70,000
Useful Life: 20 years
Salvage at 20 years: $20,000 (pile foundation)
Capital Maintenance: $5,000 @ years 8 & 16
Cost for two docks (capital only): $70,000 - $20,000 + 2 @ $5,000
20 years = $3,000/year
Cost per dock face: $3,000/4 = $750/year; and
WHEREAS, when it approved this use for 2010, the Council also requested evaluation
of the demand for use of the Cass Park docks, by the general public, “so as to
determine whether reserved use of one dock [for the dragons boats] substantially
interfered with the level of use and availability desired by other members of the public,”
and
WHEREAS, regular observation of the docks throughout the 2010 boating season
(during the regular, Monday-Friday work week), by a member of the City Youth Bureau
staff, indicated relatively light use of the non-reserved docks, with no indication that
access by the general public was hampered by having one dock reserved for dragon
boats, and
WHEREAS, the Dragon Boat Club has requested similar permission to use one of the
Cass Park docks (and associated shed) for the 2011 boating season, and
WHEREAS, it is possible that other, similar users (e.g., groups or associations that own
larger, human-powered craft that members of the public may regularly use or enjoy
through a membership or other such arrangement) may have an interest in storing their
craft at the Cass Park docks, and
WHEREAS, parkland is held in trust for the public and must be treated in a manner that
is consistent with that doctrine, i.e., for recreational purposes and such that the general
public is not deprived of its benefit and that any semi-exclusive, recreational use is
made available to similarly-situated, potential users on an equal basis , now therefore
be it
RESOLVED, That the Board of Public Works recommends to Common Council that it
make one of the new docks at Cass Park (i.e., two dock faces), and space for an
associated storage shed, available for seasonal licensing, through a lottery system, on
the following terms (together with standard license requirements, for insurance,
indemnification, etc):
1. Period of license: May 1-October 31 (with each season subject to new
lottery);
2. License application fee: $50;
3. Annual use fee: $400 per dock face for 2011 (a rate between the appraiser’s
figure and staff’s estimated, annual, capital cost), to be increased in
subsequent years by any increase in consumer price index (rate includes the
right to maintain a shed with a footprint no greater than 120 square feet, on
land adjacent to the dock, for storage of materials associated with use of the
boats);
4. Use must be for long, multi-passenger, human-powered boat(s), owned and
operated by a non-profit group, that makes its boat(s) available for regular
use and enjoyment by members of the general public, without discrimination,
and at a rate (or per a fee structure) that is not economically exclusionary;
and
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March 9, 2011
5. License to provide exclusive right to tie up to dock face(s) in question, but not
exclusive use of dock surface (except when boat is being launched or
docked);
and be it further
RESOLVED, That because of the late date, the Board directs staff to take the
necessary steps to publicize and implement the recommended lottery, by requiring the
submission of lottery bids by April 4, 2011, with a tentative draw date of April 7, 2011,
subject to approval of the arrangement by the Common Council at or before its meeting
on April 6, 2011.
City Attorney Hoffman explained that this resolution does insert the concept of the
docks at Cass Park being available for crafts of special types such as the dragon boats,
which are maintained by a group and made available for use by the public. This
resolution also addresses the need for making parkland available for semi-park use,
and addresses the limits placed on use of parkland by New York State – so that it is
accessible to the public in some way.
Supt. Gray stated that he appreciated City Attorney Hoffman’s review. He stated that he
would have referred to the docks as having space for two boat slips, which may have
brought the price within the appraiser’s value. He further explained that it is very
unusual for someone to want to rent a dock for a personal powered water craft as they
usually do not leave them at the dock.
Extensive discussion followed on the floor regarding the use fees for this type of dock,
and the language in Chapter 170 of the City of Ithaca Municipal code that discusses the
exclusive (or semi-exclusive), non-transient use of City parkland needing to be
authorized by Common Council. Further discussion followed on the floor regarding the
past use of the docks and shed by the Dragon Boat Club, and the need to be clear that
the docks were not built exclusively for this club’s use. It was built for casual users of
the docks. Further discussion followed on the floor regarding setting up a lottery
mechanism, advertising of the availability of the docks to the public, the request by the
Dragon Boat Club to do community service in lieu of payment of a use fee, and when
the drawing should occur. The boating season begins May 1st.
A Vote on the Resolution Resulted As Follows:
Ayes (4) Acharya, Wykstra, Jenkins, Goldsmith
Nays (0)
Abstentions (1) Peterson (she is a member of Common Council and this
item is being referred to Common Council)
Carried
Use of City Real Property – Boat Slips at Newman Golf Course - Resolution
By Commissioner Wykstra: Seconded by Commissioner Acharya
WHEREAS, in the mid-1980s, the City granted revocable licenses to private
businesses, which allowed them to construct and use moorings for floating docks on
City-owned land adjacent to the Newman Golf Course, along the east bank of the
Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and
associated parking and storage space, on adjacent City land) to others, at market rates,
and
WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until
the present, with the annual license fees having been set according to a formula created
by the City many years ago, and
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March 9, 2011
WHEREAS, in the course of investigating the potential use of the City’s Newman Golf
Course for deposit of dredge spoils, the City received a legal opinion from special
counsel which concludes that, in light of the circumstances of the City’s acquisition of
the golf course lands (which extend from Fall Creek to the Cayuga Inlet on the west)
and the City’s treatment of those lands over the past 75 years or more, “it is very likely
that a court would find sufficient evidence of [its] implied dedication [as parkland],” and
WHEREAS, the Common Council has not yet considered whether it will accept and
affirm this legal opinion, and conform its future treatment of the property with all the
conditions and legal requirements applicable to public parkland, and
WHEREAS, in the absence of such a determination by Common Council, or direction to
the contrary, the Board must assume that it can and should continue to maintain the
type of licensing arrangement it has had for over 25 years, at least for the coming
boating season, as to do otherwise (for 2011) at this late date would impose an
unreasonable economic hardship upon the licensees, who have already made 2011
rental arrangements for the slips in question, with their customers, and
WHEREAS, in response to instruction from New York State auditors, that the City obtain
fair rental value for use of its land by others, Common Council revised Chapter 170 of
the City Code (“Use of City Real Property”), so as to require that fees for such use be
based on fair rental value as determined with the assistance of a professional appraisal,
and
WHEREAS, said appraisal, completed for the City in the winter of 2010/2011,
recommended a license fee of $350 per slip, per season, for the boat slips on Pier
Road, which rate was incorporated by the Board into its 2011-12 schedule of fees for
the use of City land (adopted on December 22, 2010), and
WHEREAS, the Superintendent has notified the current licensees of the possible, future
change in arrangements, if the Common Council affirms the status of the land as
parkland, now therefore be it
RESOLVED, That the Superintendent shall offer to the current licensees of the Pier
Road dock slips the opportunity to enter into new licenses for the 2011 boating season,
which licenses shall be consistent with the terms and conditions stipulated by Chapter
170 of the City Code, and which shall reflect the fees recently established by the Board
for “Boat Slips,” as well as the recapture of all property taxes now being assessed (on
the basis of “non-public” use) for the land in question, and be it further
RESOLVED, That staff is directed to prepare a briefing for the Board, to be presented at
or before the Board’s meeting on April 27, 2011, regarding the above-referenced legal
opinion and the potential implications of parkland status, so that the Board of Public
Works may make a recommendation to Common Council as to whether the Council
should affirm parkland status, or pursue a different course.
City Attorney Hoffman explained that the situation here is the City received a legal
opinion from special counsel, which advises the City that the land here is considered
public parkland by implication. He stated that Common Council has not taken any
position on that advice yet so it is a gray area now. He explained that if Common
Council does not take the position that this land is parkland that the Board of Public
Works has jurisdiction to license the dock use under Chapter 170 of the City of Ithaca
Municipal Code. On the other hand, if Common Council takes the position that this is
indeed parkland, then it is the body that has the authority to regulate any use on it. He
stated that until Common Council takes a position, the Board should act as it has in the
past and approve licenses. In addition, the Board will receive additional information
about the special counsel’s decision and will need to make a recommendation to
Common Council as to their proposed designation of the land.
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March 9, 2011
City Attorney Hoffman further explained that Tompkins County now considers this land
taxable and therefore must be assessed for county, school, and city taxes. He
explained that the city taxing itself would show up as a debit and then a credit; he asked
the Board whether the City Chamberlain should include all three taxes to the licensees
with their tax bill.
Amending Resolution:
By Commissioner Jenkins: Seconded by Commissioner Wykstra
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, that the Superintendent shall offer to the current licensees of the Pier
Road dock slips the opportunity to enter into new licenses for the 2011 boating season,
which licenses shall be consistent with the terms and conditions stipulated by Chapter
170 of the City Code, and which shall reflect the fees recently established by the Board
for “Boat Slips,” as well as the recapture of the County and School District property
taxes now being assessed (on the basis of “non-public” use) for the land in question,
and be it further”
Carried Unanimously
Discussion followed on the floor with Jeff Cleveland and Robert Haney providing
information as needed as to what revenue is generated by the use of the docks, how
much land the city owns (which is the bank, and the land under the water for some
distance, with the water being owned by the State). Further discussion followed on the
floor regarding the late notice that the licensees were given regarding the increase in
rates, and whether the Board might consider a step plan in implementing the total
license fee for 2011, since the licensees have already entered into signed agreements
with boat owners for the 2011 season, and the City provided such late notice.
Motion to Table:
By Commissioner Wykstra: Seconded by Commissioner Jenkins
RESOLVED, That the motion on the amended resolution be tabled until the March 16,
2011 Board of Public Works meeting.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 7:00 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor