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HomeMy WebLinkAboutMN-BPW-2006-11-15 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. November 15, 2006 PRESENT: Commissioners (6) - Chapman, Dotson, Jenkins, Romanoff, Schlather, Wykstra OTHERS PRESENT: Superintendent of Public Works – Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer –Whitney Common Council Liaison – Coles DAC Liaison – Roberts City Attorney - Hoffman Executive Assistant – Grunder Deputy City Controller - Andrew EXCUSED: Mayor Peterson Vice Chair Dotson called the meeting to order at 5:00 p.m. in Mayor Peterson’s absence. DOG PARK RULES – POWER-TO-ACT City Attorney Hoffman reported on the proposed recommendations for rules of the off- leash dog park submitted by the subcommittee. He stated that the Board needs to approve and adopt the rules and regulations. He further stated that the Tompkins County Environmental Management Council passed a resolution asking that the Board conduct an environmental review of the proposed location for a possible off-leash dog park. He reported that Common Council approved a one-year exception to the leash law for that area. That action did not require an environmental review. RULES FOR THE OFF-LEASH DOG PARK RESOLUTION By Commissioner Wykstra: Seconded by Commissioner Jenkins WHEREAS, Common Council, in a resolution adopted on October 4, 2006, created a temporary exception to the requirement that dogs be leashed when not on the property of the owner or handler, with regard to the City-owned “Festival Lands,” located adjacent to Cass Park and the Alan H. Treman State Marine Park, for the period from December 1, 2006, until December 1, 2007, and WHEREAS, at the same time, Common Council directed the Board of Public Works to promulgate and post rules and regulations for use of the Festival Lands as an off-leash area, by December 1, 2006, and WHEREAS, a subcommittee of the Board, in consultation with the Superintendent and the City Attorney, and concerned dog-owners and other members of the public, has proposed a set of rules and regulations and the physical demarcation of the off-leash area, and WHEREAS, based on the information available to the Board, the creation of a temporary exception to the leash law at the Festival Lands appears to be a Type II action (i.e., exempt from environmental review), as it is a “minor, temporary use of land having negligible or no permanent impact on the environment,” and WHEREAS, pursuant to the State Environmental Quality Review Act and the City of Ithaca’s City Environmental Quality Review Ordinance, the adoption of regulations in connection with an action on the Type II list is itself a Type II (i.e., exempt) action, now therefore be it Board of Public Works –November 15, 2006 - Page 2 RESOLVED, as follows: A. The area where dogs may be off-leash on the City-owned Festival Lands shall be physically demarcated on the ground by the Superintendent, by way of temporary, widely spaced (e.g., 75-100 feet apart) and relatively unobtrusive markers. B. The area so demarcated shall exclude: the most southerly portion of the Festival Lands, adjacent to or in proximity to the road for the State Parks maintenance building; part or all of the wooded area that occupies a portion of the westerly part of the Festival Lands, at least including a 100-foot buffer outside of the “Hog Hole” designated wetland; and a corridor along the northwesterly side of the marina basin intended for pedestrian passage (unaffected by off-leash dogs) between the area of the marina parking lot and the State Park lands beyond the Festival Lands. C. The Superintendent shall post at the entrance to the Festival Lands (and elsewhere as deemed appropriate by the Superintendent) the rules and regulations listed below, together with a map showing the off-leash area and any further notice or explanatory information, which the Superintendent deems appropriate under the circumstances. D. The following rules and regulations for use of the off-leash dog area at the Festival Lands are hereby adopted by the Board, pursuant to the directive of Common Council of October 4, 2006, and in association with Section 164-9 (Prohibited Acts) of Chapter 164 (Dogs and Other Animals) of the Ithaca City Code. Rules & Regulations for Use of Off-Leash Dog Area Liability & Assumption of Risk 1. All users of this area do so at their own risk. Dogs off leash are not entirely predictable and can present certain potential hazards. The City does not provide regular supervision of the area. All dog owners and handlers using this area are legally responsible for their dogs and for any injury or damages caused by them. Off-Leash Area Does Not Include Parking Lot or State Park 2. Except within the designated, marked, off-leash area, dogs must be leashed and in compliance with all other applicable laws. Dogs must be leashed in parking lot and on adjacent lands of Alan H. Treman State Marine Park. License, Vaccination & Health Requirements 3. All dogs using this area must be wearing a current dog license tag. 4. Dogs using this area must be current with all vaccinations. 5. Dogs with infectious diseases or contagious parasites are not permitted in the area. Owner/Handler Control of Dogs; Clean-Up 6. Dog owner/handler must have a leash for each dog, in hand, at all times. All dogs must be wearing a collar at all times. 7. Dogs must be in view of owner/handler and under voice control, at all times 8. Dog owners/handlers must clean up their dog's waste immediately and dispose of it in a designated receptacle. Littering of any kind is prohibited. Aggression; Dog Bites 9. Any dog showing aggression or unwanted attention toward people or other animals must be leashed immediately and removed from park. Board of Public Works –November 15, 2006 - Page 3 10. Any dog bite of a person or other dog must be reported immediately to the SPCA/animal control officer (257-1822). Involved parties must exchange contact information and wait for an officer to respond, except when immediate medical care is needed. Other Restrictions 11. NOT ALLOWED in off-leash area: - Dogs under 4 months old - Dogs in heat - Spiked collars - Pets other than dogs 12. Limit of 2 dogs per owner/handler. 13. Children under 4 are prohibited from off-leash area, unless in a carrier worn by adult. Adult must accompany children under 12 at all times. Off-leash dogs might approach or frighten young children. Parents are responsible for supervision of children, at all times. Violations; Penalties 14. Violation of leash requirements (outside the demarcated off-leash area) or of these rules is an offense punishable by a fine of not less than $10 nor more than $25 for each violation, or by imprisonment for a term not to exceed 5 days for each violation. Discussion followed on the floor regarding possible additions or deletions from the rules given in the resolution. Substitute Resolution By Commissioner Schlather: Seconded by Commissioner Chapman WHEREAS, Common Council, in a resolution adopted on October 4, 2006, created a temporary exception to the requirement that dogs be leashed when not on the property of the owner or handler, with regard to the City-owned “Festival Lands,” located adjacent to Cass Park and the Alan H. Treman State Marine Park, for the period from December 1, 2006 until December 1, 2007, and WHEREAS, at the same time, Common Council directed the Board of Public Works to promulgate and post rules and regulations for use of the Festival Lands as an off-leash area, by December 1, 2006, and WHEREAS, a subcommittee of the Board, in consultation with the Superintendent and the City Attorney, and concerned dog-owners and other members of the public, has proposed a set of rules and regulations and the physical demarcation of the off-leash area, and WHEREAS, based on the information available to the Board, the creation of a temporary exception to the leash law at the Festival Lands appears to be a Type II action (ie., exempt from environmental review), as it is a “minor, temporary use of land having negligible or no permanent impact on the environment,” and WHEREAS, pursuant to the State Environmental Quality Review Act and the City of Ithaca’s City Environmental Quality Review Ordinance, the adoption of regulations in connection with an action on the Type II list is itself a Type II (i.e. exempt) action, now therefore be it RESOLVED, as follows: A. The area where dogs may be off-leash on the City-owned Festival Lands shall be e physically demarcated on the ground by the Superintendent, by way of temporary, widely spaced and relatively unobtrusive markers. Board of Public Works –November 15, 2006 - Page 4 B. The area so demarcated shall exclude: a. the most southerly portion of the Festival Lands, adjacent to or in proximity to the road for the State Parks maintenance building; b. part or all of the wooded area that occupies a portion of the westerly part of the Festival Lands, at least including a 100-foot buffer outside of the “Hog Hole” designated wetland; and c. a corridor along the northwesterly side of the marina basin intended for pedestrian passage (unaffected by off-leash dogs) between the area of the marina parking lot and the State Park lands beyond the Festival Lands. C. The Superintendent shall post at the entrance to the Festival Lands (and elsewhere as deemed appropriate by the Superintendent) the rules and regulations listed below, together with a map showing the off-leash area and any further notice or explanatory information including recommendations for dog health, which the Superintendent deems appropriate under the circumstances. D. The following rules and regulations for use of the temporary off-leash dog area at the Festival Lands are hereby adopted by the Board, pursuant to the directive of Common Council of October 4, 2006, and in association with Section 164-9 (Prohibited Acts) of Chapter 164 (Dogs and Other Animals) of the Ithaca City Code. Rules & Regulations for Use of Off-Leash Dog Area Liability & Assumption of Risk 1. All users of this area do so at their own risk. Dogs off leash are not entirely predictable and can present certain potential hazards. The City does not provide regular supervision of the area. All dog owners and handlers using this area are legally responsible for their dogs and for any injury or damages caused by them. Off-Leash Area Does Not Include Parking Lot or State Park 2. Except within the designated, marked, off-leash area, dogs must be leashed and in compliance with all other applicable laws. Dogs must be leashed in parking lot and on adjacent lands of Alan H. Treman State Marine Park. License, Vaccination & Health Requirements 3. All dogs using this area must be wearing a current dog license tag. 4. Dogs using this area must be current with all vaccinations. Owner/Handler Control of Dogs; Clean-Up 5. Dog owner/handler must have a leash for each dog in his or her immediate possession at all times. All dogs must be wearing a collar at all times. 6. Dogs must be in view of owner/handler and under voice control, at all times 7. Dog owners/handlers must clean up their dog's waste immediately and remove and/or dispose of it in a designated receptacle. Littering of any kind is prohibited. Aggression; Dog Bites 8. Any dog showing aggression or that bites, scratches, jumps up on, or growls aggressively must be leashed immediately and removed from park. 9. Any dog bites of a person or a dog bite that injures another dog must be reported immediately to the SPCA/animal control officer (257-1822). Involved parties must Board of Public Works –November 15, 2006 - Page 5 exchange contact information and wait for an officer to respond, except when immediate medical care is needed. Other Restrictions 10. NOT ALLOWED in off-leash area: - Dogs under 4 months old - Dogs in heat - Spiked collars 11. Limit of 2 dogs per owner/handler. Violations; Penalties 12. Violation of leash requirements (outside the demarcated off-leash area) or of these rules is an offense punishable by a fine of not less than $10 nor more than $25 for each violation, or by imprisonment for a term not to exceed 5 days for each violation. Carried Unanimously 2007 PARKING RATES – POWER-TO-ACT By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works formed a subcommittee to review and propose 2007 rates for municipal parking facilities in order to meet the adopted 2007 budget projection; and WHEREAS, the subcommittee has proposed rates for the following municipal parking facilities, for the year 2007; now, therefore be it RESOLVED, That the Board of Public Works adopts the proposed 2007 municipal parking rates as follows: Actual Proposed 2006 2007 MONTHLY PERMITS Seneca Street Garage (day and night) All levels $60/mo$70.00/mo Contract with Hotel1 $41.20/mo $41.20/mo Contract with Ciminelli2 $60/mo $70.00/mo Contract with Thomas3 $60/mo $70.00/mo Green Street Garage (day and night) All levels $50/mo $60.00/mo Contract with Ciminelli2 $45/mo $46.72/mo Contract with County (Library) 4 $41.20/mo $41.53/mo (See footnote 4) Contract with Thomas Assoc.3 $46.35/mo $46.72/mo Cayuga Street Garage (day and night) All levels $50/mo $52.00/mo Contract with Ciminelli2 $41.20/mo $41.53/mo Contract with County (Library)4 $41.20/mo $41.53/mo Contract with Thomas Assoc.3 $41.20/mo $41.53/mo Contract with Holiday Inn canceled effective February 20047 Dryden Road Garage Day 6:00 a.m. – 9:30 p.m. $90/mo $95.00/mo Night 6:00 p.m. – 6:00 a.m. $90/mo $95.00/mo Day and night (24 hours) $180/mo $190.00/mo Other Non-Meter Permit-Parking Facilities Contract with County (DSS)4 $41.20/mo $41.53/mo Board of Public Works –November 15, 2006 - Page 6 HOURLY RATES5 Actual Proposed 2006 2007 Seneca, Green, Cayuga Street Garages6 Hourly 0 – 1 0 0 1 – 2 $1/hour $1/hour 2 – 24 $1/hour $1/hour Maximum $7/day $7.00/day Dryden Road Garage Hourly 0 – 24 $1/hour $1/hour Maximum $12/day $12/day Dryden Road Summer Rates (June 1 – August 15) Hourly 0 – 24 $0.75/hour $0.75/hour Maximum $12/day $12/day Parking meter Downtown $1.00/hr $1.00/hr (2 hr. max) Collegetown $1.00/hr $1.00/hr (2 hr. max) Thurston, Stewart Ave. & Edgemoor $0.25/hr $0.25/hr (9 hr. max) 1 – Volume discount rate for 104 spaces – see contract dated April 21, 2003, and interim hotel parking agreement dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 – Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change after August 1, 2006, “from time to time” based on percentage change in the CPI between adjustment dates. 3 – Up to 150 total permits in Green Street and Cayuga Street Garages at lowest permit price available for those spaces; up to 50 permits in Seneca Street Garage at lowest monthly rate for Seneca Street Garage spaces (Seneca spaces are only available if Green Street and Cayuga Street Garages are full). Thomas Associates is eligible for volume discount fee structure – not currently applicable. 4 – The County’s Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) is subject to “good-faith” renegotiation now due to the construction of the Cayuga Garage. The County’s DSS agreement for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016. 5 – Fees charged: Downtown garages, 2:00 a.m. to 8:00 p.m., Monday through Friday; Dryden Road Garage – 24 hours / 7 days. 6 – The City has an agreement with TC3 that allows it to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 – The Cayuga Green operator (Pro Park) has a private contract with the Holiday Inn for its employees and patrons. and, be it further RESOLVED, That during the summer of 2007 the Board of Public Works shall review the revenues generated by and the use levels of these parking facilities in order to assess and determine whether further adjustments are required for the balance of 2007; and be it further Board of Public Works –November 15, 2006 - Page 7 RESOLVED, That all monthly permit charges in all parking facilities shall be increased annually in future years by 3 percent unless the Board of Public Works directs otherwise hereafter. RESOLVED, That a decision on event parking will be made in March 2007. Carried Unanimously JOHNSON CONTROLS – ENERGY PERFORMANCE A representative from Johnson Controls, reported to the Board on the Johnson Controls Energy Audit and the projects that will need to be undertaken in City facilities in the near future. He further reported on the audit’s cost and benefits analysis for the various projects related to the City’s options for upgrading infrastructure to reduce energy costs. Discussion followed on the floor regarding the possible infrastructure projects. ADJOURNMENT: On a motion the meeting adjourned at 7:14 p.m. Deborah A. Grunder Carolyn K. Peterson Executive Assistant Mayor