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HomeMy WebLinkAboutMN-BPW-2011-10-26BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:53 p.m. October 26, 2011 PRESENT: Mayor Peterson Commissioners (6) – Acharya, Goldsmith, Jenkins, Morache, Warden, Wykstra OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Assistant Superintendent of Public Works – Whitney Assistant Superintendent of Public Works – Benjamin Common Council Liaison – Zumoff Executive Assistant – Gehring EXCUSED: DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR’S COMMUNICATIONS: Mayor Peterson reported that the Department of Public Works budget was presented before Common Council by Supt. Gray, Asst. Supt. Whitney and Asst. Supt. Benjamin recently. She stated that Common Council discussed optional services that are subsidized by the City to determine if they are truly necessary. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Cynthia Brock, City of Ithaca, addressed the Board regarding Proposition 2, which is on the ballot for the November general election, whichresidents would be voting on, and the implications she feels could result from the vote. She expressed her concern that the removal of §C-59 from the City of Ithaca Charter would remove the Superintendent of Public Works from the Department of Public Works. Alderperson Zumoff arrived at 5:06 p.m. Tom Seaney, City of Ithaca, addressed the Board regarding the parking lot on West Court Street. He reported that since parking meters have been installed in the parking lot, motorists have parked on the street, causing issues for customers of Wink’s Body Shop. He requested that three parking spaces adjacent to Wink’s Body Shop be designated with 30 minute parking limits and that signage be installed to allow parking along the south side of West Court Street. He further requested that a rental agreement between the City, Todd’s Place, Wink’s Body Shop, and the Ithaca Bakery be executed so the businesses could rent the parking lot. RESPONSE TO THE PUBLIC: Supt. Gray responded to Mr. Seaney’s comments, and explained a recent discussion that was held by the Board regarding the parking lot and on-street parking on West Court Street. Discussion followed on the floor regarding Mr. Seaney’s requests, signage for the area, the issues that could be alleviated, and what agreement could be executed. Commissioner Goldsmith stated that he read Propositions 2, 3, and several background documents on the ballot for the November general election. He expressed his belief that if the propositions were passed, the Board of Public Works would be severely disempowered. City Attorney Hoffman explained that the proposed changes to §C-59 in the City Charter were only needed to eliminate conflicts with Civil Service Laws. It was not the intent of the Charter Review Working Group to eliminate the Superintendent or the Department of Public Works. Discussion was held regarding the proposal to eliminate §C-59 in its entirety, and the fact that the Superintendent of Public Works was not replaced elsewhere in the Charter. Board of Public Works Page 2 October 26, 2011 Regular Meeting Commissioner Wykstra expressed a desire to withdraw Propositions 2 and 3 from the ballot at the November General Election. Commissioner Acharya requested that Deputy Director of Human Resources Valerie Saul be invited to the next Board meeting regarding to discuss her thoughts and recommendations about the proposed changes. He felt that the full Board should spend time working on these issues in order to see the city work better. REPORTS: No reports were provided. DISCUSSION ITEMS: Livable Streets: Transportation Engineer Logue joined the Board and explained the map that was provided in the agenda packet that delineated roads as arterials within the city. He explained which streets would be allowed to be painted, what types of images could be painted (i.e. not traffic symbols), and noted that Portland, Oregon, allows painting only on local streets, which he stated there aren’t many streets in Ithaca that are designated as “local.” He explained insurance requirements for street permits, and the issues presented for projects such as this. He offered options for the insurance, which includes special event liability insurance that would cover the block party event, but would not include anything that occurred afterward. Discussion followed on the floor regarding allowing residents to paint intersections on a case- by-case basis, installing traffic calming devices, and creating a policy for the city similar to the one in Portland, Oregon. The Board agreed to discuss this topic further at their November 9, 2011, meeting. BPW Meeting Schedule for November and December 2011: The Board agreed to cancel the meeting on November 23, 2011, due to the Thanksgiving holiday. Mayor Peterson noted that there was a Special Council meeting on November 30, 2011. The Board further agreed to retain all three scheduled meetings in December. New Business: Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache RESOLVED, That the Board of Public Works request that Common Council withdraw the three propositions from the ballot at the November General Election. Ayes (4) – Wykstra, Goldsmith, Warden, Morache Nayes (3) – Jenkins, Peterson, Acharya Abstentions (0) Carried (4-0) Sidewalk Program Stop Work Order: This item was not discussed. Special Meeting: Public Works Governance Working Group Update: Common Council joined the Board for the discussion of this item. Mayor Peterson introduced Alderperson Cogan, chair of the Public Works Governance Working Group (PWGWG). Alderperson Cogan thanked everyone for allowing PWGWG to address both groups and provide a report of its work. He explained the purpose of PWGWG, why it was formed, and that everything provided in the agenda packet was for discussion only. He stated that he would like this work to continue with the new administration in 2012. He explained that the Charter Code Working Group was developed at the beginning of 2010 in order to eliminate redundancy in the City Charter and Code. The Charter Code Working Group quickly determined a separate working group should review and address issues related to the Board of Public Works. He explained that the charge of that group was: • to understand the history of the Board of Public Work in Ithaca, • to research how other New York State cities handle public works related decision making, • to study the legality of such authority of the board in contrast to the constitutional governing authority of Common Council, • to examine any overlapping authority with Common Council, and • to recommend any changes to Common Council about the Board of Public Works. Board of Public Works Page 3 October 26, 2011 Regular Meeting He further explained that the focus of the group was to understand the conflicts and contradictions in the Charter, and to understand the best practices from other cities. He listed the members of the PWGWG: Mayor Peterson, City Attorney Hoffman, Superintendent Gray, Alderperson Cogan, Alderperson Coles, Commissioner Jenkins, BPW Commissioner Wade Wykstra, City Clerk Julie Holcomb, and Executive Assistant Gehring. There were three phases in the group: 1. Between August and November 2010, questionnaires were sent to cities that asked how they governed their public works. The group conducted phone interviews with four cities (New Rochelle, Jamestown, Cortland, Kingston) to gather information about how they carry out public works functions. 2. The second phase included more in depth interviews to gather more specific information about administrative functions and what staff handles in other cities. The group found out that no other city has a Board of Public Works like Ithaca’s Board. 3. The final phase was to review the City of Ithaca Charter to find redundancies, inconsistencies and overlaps between the Board of Public Works and Common Council responsibilities. Mayor Peterson and City Attorney Hoffman also developed a proposal that focused on the creation of a new Board of Public Works. City Clerk Julie Holcomb provided a history of the Board of Public Works. She stated that the current City Charter became effective in 1909. In 1905, Common Council decided that the government was not working as well as it could, and their goal was to consolidate all of the separate commissions into one Board. By 1908, a committee was created with twenty people to look at creating one Board of Public Works. In 1923, the Home Rule Law was enacted, which allowed cities to enact local laws, enabling amendments to cities’ own Charters without requiring State approval. City Clerk Holcomb referred to the “NYCOM Guide to Charters and Charter Revision,” noting several local laws that have recently been enacted by Council that amended the Charter without referendum. She further explained that within three months after the 1909 creation of the Board of Public Works, it was discovered that there were conflicts between the authorities of the Board of Public Works and Common Council. She could not determine which departments or staff the City employed in 1909, but could provide a list of committees. She noted that between 1909 and 1973, there was a standing committee of Common Council called “Relations with Board of Public Works.” She explained issues that Common Council is not allowed to modify without going through referendum, which include amending the authorities of Common Council or the Mayor, or adding fluoride to the water. Alderperson Cogan provided an overview of the phone interviews that PWGWG conducted with other cities, including New Rochelle, Jamestown, Cortland, and Kingston. He explained that Jamestown’s Board of Public Utilities closely resembles Ithaca’s Board of Public Works, though Jamestown’s Board mainly manages their enterprise funds, which are self sustainable. All other cities utilize their boards as advisory committees. He explained that during the third phase of the PWGWG, from June to October 2011, the group reviewed the portions of the City of Ithaca Charter that are obsolete or redundant. He provided an overview of the amendments that were proposed in a draft memo to the City Administration Committee. He noted that the City of Ithaca Charter should define the City’s structure; and that procedures and policies should be listed in the City Code. The group’s goal was to simplify the City of Ithaca Charter related to the Board of Public Works. Discussion followed on the floor regarding the propositions on the November General Election ballot for referendum, and how the propositions would affect the City of Ithaca Charter. Alderperson Cogan explained that the propositions were meant to consolidate information about the appointments of department heads and deputy department heads. Board of Public Works Page 4 October 26, 2011 Regular Meeting Alderperson Cogan introduced the conceptual proposal provided by Mayor Peterson and City Attorney Hoffman that changed the structure and focus of the Board of Public Works. He noted that the memo was only to spur discussion. Discussion followed regarding the ideas presented in the memo, the creation of the current referendum propositions, making the charter changes all at once, creating a Charter Commission, and other referenda that have been voted on. ADJOURNMENT: On a motion, the meeting adjourned at 7:07 p.m. Kathrin D. Gehring Claudia Jenkins Executive Assistant Board of Public Works Vice-Chair