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