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HomeMy WebLinkAboutMN-BPW-2011-05-11BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:53 p.m. May 11, 2011 PRESENT: Mayor Peterson Commissioners (5) – Acharya, Goldsmith, Morache, Warden, Wykstra OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Assistant Superintendent of Public Works – Benjamin Executive Assistant – Gehring EXCUSED: Commissioner Jenkins Assistant Superintendent of Public Works – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts ADDITIONS OR DELETIONS TO THE AGENDA: Commissioner Acharya stated that he did not mind receiving Item 9.5, entitled “Scottish Games Animal Request,” and Item 9.6, entitled “Tompkins County Sesquicentennial Commission Request,” as information only, and believes the Board did not need to discuss those items. Mayor Peterson agreed, stating she had already given approval for the Tompkins County Sesquicentennial Commission Request. MAYOR’S COMMUNICATIONS: Mayor Peterson introduced newest Board of Public Works member Robert Morache, who was appointed by Common Council on May 4, 2011. Commissioner Morache shared with the other Board members a brief description of his background, and explained he was interested in the work of the Board of Public Works that helps to support the community. The Board welcomed Commissioner Morache. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: City Attorney Hoffman introduced Associate Attorney, Krin Flaherty, who will be working on land use, zoning, and public works-related issues. Holly Hollingsworth, representative from DeWitt Park Restoration Committee, addressed the Board regarding Approval of Decorative Chain in front of the Monuments in DeWitt Park. He explained that he spoke with veterans and other organizations about the City’s proposal for skate stoppers on the monuments and the general consensus was to install the chain. Fay Gougakis, City of Ithaca, addressed the Board regarding the lack of free parking at the Green Street Parking Garage, and her frustration about having to pay for parking in downtown. RESPONSE TO THE PUBLIC: There was no response to the public. REPORTS: Board Liaisons: Commissioner Wykstra reported that a resolution was passed by the Special Joint Committee to prepare a permit for the Wastewater Treatment Facility to receive hydrolosate from Cornell University. He explained that the City’s treatment plant would be able to handle the waste and process it better than the current plant that is taking the waste. ADMINISTRATION AND COMMUNICATIONS: Commissioner Goldsmith proposed that the Board discuss hydrofracking within the City of Ithaca at a future meeting. He noted that counties in New York are becoming organized in anticipation of the hydrofracking debate, and he expressed concern that the City is not prepared. Mayor Peterson responded that the Tompkins County Council of Governments is working on this issue, along with the New York State Department of Environmental Conservation and Environmental Protection Agency. She further explained that the City Board of Public Works Page 2 May 11, 2011 Regular Meeting Council has passed resolutions related to the environmental assessment form, the county is currently undergoing a hydrofracking study, and the results of the study would be provided to the Board when it becomes available. Commissioner Wykstra requested that the proposed charter changes be placed on the May 18, 2011, agenda. Mayor Peterson suggested that the memorandum that was distributed to City Administration Committee members explaining the proposed changes be included in the agenda packet for the Board’s discussion. APPROVAL OF MINUTES: Approval of the February 9, 2011, March 16, 2011, March 23, 2011, and April 13, 2011, Board of Public Works Meeting Minutes – Resolution By Commissioner Acharya: Seconded by Commissioner Goldsmith RESOLVED, That the minutes of the February 9, 2011, March 16, 2011, March 23, 2011, and April 13, 2011, Board of Public Works meetings be approved with noted corrections. Ayes (5) Peterson, Acharya, Goldsmith, Warden, Wykstra Nays (0) Abstention (1) Morache Carried Community Gardens in City Parks Associate Attorney Krin Flaherty, Parks Commission Chairman Dan Krall, and Cornell Cooperative Extension representative Josh Dolan joined the Board for the discussion of this item. Mr. Krall explained that Forestry Technician Jeanne Grace had requested grants from the Parks Commission for rehabilitating Baker Park. The Parks Commission later received a request from Josh Dolan of Cornell Cooperative Extension for building urban gardens in city settings. He stated that the Parks Commission then heard from a group of local residents that are opposed to community gardens in parks. The Commission then requested assistance from the City Attorney’s Office with determining whether the gardens are legal and other issues related to the gardens. City Attorney Hoffman explained that New York City currently has an extensive program for community gardens in parks. He asked Associate Attorney Flaherty to look into whether the City of Ithaca could create a similar program. Associate Attorney Flaherty explained that the New York City program is different than what would be created in Ithaca in that many locations in New York City were abandoned parking lots transformed into parks and a licensing procedure was developed, along with a public trust doctrine. She further explained that she spoke with an attorney in New York City that stated there are ten community gardens within the three hundred parks within the city. In each case, the garden is located in a much larger park, is within a fenced area, and must be open at least fifteen hours per week. Associate Attorney Flaherty noted that parks must generally be for recreational purposes and must not alienate or exclude the public from using the park for recreational purposes. She further explained that New York City has a licensing program so that the people utilizing the garden portion of the park do not have any claim to the underlying land, as opposed to leasing the property to individuals. Discussion followed on the floor regarding alienation of the public park, the size of a garden in relation to the park, and legal aspects to creating public gardens. Mayor Peterson noted that the City had to go through the alienation process in order to create the Children’s Garden located in Cass Park. Alderperson Jennifer Dotson joined in the discussion. Commissioner Acharya requested further information about how a public garden could be developed without violating the Public Trust Doctrine. Alderperson Dotson stated that Project Growing Hope runs a community garden in Carpenter Park with 150 plots, and noted that there is a consistent waiting list. Further discussion followed on the floor regarding the benefits and the negative aspects of community gardens in parks, aesthetic issues related to gardens, the potential educational Board of Public Works Page 3 May 11, 2011 Regular Meeting component of having community gardens, and the possibility of transforming vacant lots within the City into community gardens. Mr. Dolan explained that Cornell Cooperative Extension has been working to address food access issues within the area for the past two years. He stated that there has been an explosion of local community gardens within that time, including new gardens at Linderman Creek Apartment Complex in the Town of Ithaca, gardens in the Town of Dryden, and one garden on Freese Road run by Cornell University. He stated that residents are beginning to realize the benefits that gardens provide to neighborhoods, as well as the benefits of healthy eating. He further explained that Cornell Cooperative Extension has begun gardens at Titus Towers, Ithaca Housing Authority complexes, the Children’s Drop-In Center, Greater Ithaca Activities Center, and Southside Community Center. He noted that they are having a hard time keeping up with the demand for gardens. He proposed that new gardens should be educational, engage the surrounding community, and utilize the park to its fullest potential. Commissioner Acharya expressed agreement with creating a community garden in Baker Park. Commissioner Goldsmith also expressed agreement with creating a community garden, but opposed using city parks for them. He suggested transforming some vacant lots for the gardens. Commissioner Wykstra requested a plan to rehabilitate Baker Park. VOTING ITEMS: Parking and Traffic: Amendment to Vehicle and Traffic Schedule XII: Parking Prohibited at All Times in regard to Hector Street – Resolution By Commissioner Warden: Seconded by Commissioner Wykstra WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, and WHEREAS, the current parking regulations prohibit parking along the east side of Hector Street but do not prohibit parking along the west side of the street, and WHEREAS, motorists occasionally park along the west side of Hector Street (partially blocking the downhill travel lane), and WHEREAS, the paved width of the street is in most places too narrow to safely permit on- street parking, now therefore be it RESOLVED, That the entry for Hector Street in Schedule XII: Parking Prohibited at All Times be amended to read: Name of Street Side Location (From/To) Hector Street East Cliff Street to city line Both Floral Avenue to city line Carried Unanimously Commissioner Goldsmith mentioned that on-street parking could be beneficial as a traffic calming measure. Commissioner Morache suggested creating intermittent parking spots on the east side of Hector Street with crosswalks to the sidewalks. Supt. Gray explained that the road itself is not wide enough to add parking. Discussion followed on the floor regarding mountable curbs, widening the road, and gravel parking areas along the roadside. TABLED ITEMS: Approval of Decorative Chain in Front of Monuments in DeWitt Park (Resolution can be found in the April 13, 2011, agenda.) This item was not discussed. DISCUSSION ITEMS: Appeal of Snow Removal Bill for 205 Thurston Avenue This item was not discussed. DPW Work Plan 2011 Supt. Gray presented the Board with a map of construction projects planned for 2011 in the City that include NYSEG, New York State Department of Transportation and Cornell University Board of Public Works Page 4 May 11, 2011 Regular Meeting projects. He explained that a meeting is held at the beginning of each year to create the work plan and to coordinate efforts among all the involved agencies. He provided an overview of the proposed projects and how they were coordinated for 2011. Discussion followed on the floor regarding staffing needs, the responsibilities of the parks division, county-wide construction projects, and the expectation of surprises as construction proceeds. Curb Lawn Gardens This item was not discussed. Scottish Games Animal Request The Board agreed that this request should be administratively approved by Supt. Gray. Tompkins County Sesquicentennial Commission Request Mayor Peterson reported that this request had already been approved after a discussion with the Planning and Development Department. ADJOURNMENT: On a motion, the meeting adjourned at 6:53 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor