HomeMy WebLinkAboutMN-BPW-2007-08-08BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. August 8, 2007
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Dotson, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Water and Sewer – Whitney
Information Management Specialist - Myers
Asst. Fire Chief – Parsons
Cornell University Counsel – Egan
EXCUSED:
Common Council Liaison – Coles
DAC Liaison – Roberts
Asst. Supt. of Streets & Facilities – Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the July 11, 2007 Board of Public Works Meeting-
Resolution
By Commissioner Tripp: Seconded by Commissioner Chapman
RESOLVED, That the Minutes of the July 11, 2007 Board of Public Works meeting be
approved as published.
Carried Unanimously (4-0)
Approval of the Minutes of the July 18, 2007 Board of Public Works Meeting-
Resolution
By Commissioner Dotson: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the July 18, 2007 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously (4-0)
Approval of the Minutes of the July 25, 2007 Board of Public Works Meeting-
Resolution
By Commissioner Dotson: Seconded by Commissioner Wykstra
RESOLVED, That the Minutes of the July 25, 2007 Board of Public Works meeting be
approved as published.
Carried Unanimously (4-0)
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of the following items to the agenda:
Item 8C – Power to Act at September 5, 2007 Committee of the Whole meeting on a
Pipe Bid Resolution
Item 8D – Power to Act at August 15, 2007 Committee of the Whole meeting on the
Final Scoping Document for the Water Plant
Item 10A – Power to Act at August 15, 2007 Committee of the Whole Meeting on
University Avenue – Cornell University’s Proposal to Construct a Structure over the
Street – Discussion and Possible Vote on Resolution
No Board Member objected.
Board of Public Works – August 8, 2007- Page 2
Superintendent Gray reminded Board Members of the Joint Common Council/Board of
Public Works Meeting on the Water Plant scheduled for Monday, August 13, 2007 from
7-9 p.m.
Commissioners Schlather and Jenkins arrived at 5:00 p.m.
MAYOR'S COMMUNICATIONS:
Mayor Peterson reported that the Cliff Street reconstruction was underway; the South
Aurora Street Bridge is almost ready to be opened; work is beginning on another phase
of the Cayuga Green Project that will include apartments; and the Seneca Street TCAT
bus stop will be opening shortly. She further reported that the North Aurora Street
project is scheduled to be completed by August 16, 2007 and the Ithaca Downtown
Partnership has scheduled a grand opening celebration for that evening. She also
reported that the Dryden Road Parking Garage would open on August 11, 2007, and
the Thurston Avenue Bridge is scheduled to open August 17, 2007 for freshman
weekend and then would be partially re-claimed by the contractor to complete final
painting of the bridge.
Mayor Peterson stated that she had received an e-mail from Theresa Veza thanking the
City for conducting a tour of the Water Shed area on Thursday, August 2, 2007. Mayor
Peterson explained that more people came out for the tour than had been anticipated
which required an additional vehicle for transportation. The Ithaca Fire Department
supplied a vehicle and a driver for the event. The tour took place on one of the hottest
days of the summer and was led by Supt. Gray and Asst. Supt. for Water & Sewer
Whitney. The tour took almost four hours to complete due to the number of participants.
It provided an opportunity for intensive one-on-one information exchange among the
public and staff about the project. Mayor Peterson expressed her thanks and
appreciation to City staff that went above and beyond their regular duties to provide this
tour to the public.
Superintendent Gray offered the Board an opportunity for a small tour of the area with
staff if any Board members are interested.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Planning Board Chair John Schroeder addressed the Board to report on various
concerns the Planning Board has concerning the decision on the water plant:
Water source quality is important and must be kept in mind as information
is reviewed and considered and attention should be paid to the sodium content
of any water source that is considered
Protection of Six Mile Creek if the City chooses to abandon the current
Water Plant
Consider the governance of the system and role of the Planning Board in any
decision that is made.
Brian Zapf, Seneca County, addressed the Board regarding the proposal to compost at
the Off-Leash Dog Area.
Pat Carlson, City of Ithaca, addressed the Board regarding the denial of their request to
the City to obtain a permit for tree removal at their property located at 407 N. Aurora
Street
Doria Higgins, Town of Ithaca, addressed the Board regarding the Water Plant decision
and requested that the City keep both options in place.
Mayor Peterson reported to the Board that the following people had requested that she
express their concern over the following items, since they could not attend the meeting:
Linda Russo requested that the Board keep the carry in/carry-out policy in place at the
Off-Leash Dog Area and stated that this is how the issue is handled at Cornell
Plantations and people use that area to walk their dogs frequently and have become
accustomed to this requirement.
Board of Public Works – August 8, 2007- Page 3
Richard Darlington requested that the Board consider carefully safety concerns about
Cornell University’s project on University Avenue relating to Homeland Security Issues.
RESPONSE TO THE PUBLIC
Commissioner Tripp responded to the concern raised about the tree removal request at
407 North Aurora Street and requested that the City look to resolve this issue as soon
as possible.
Superintendent Gray responded to the concern raised about the tree removal request at
407 North Aurora Street and stated that Asst. Supt. for Streets & Facilities Ferrel has
been working with the property owners on this request. His recommendation to the
property owner was not accepted and he has requested that this item be placed on the
Board’s agenda for discussion and review, possibly at the August 15, 2007 meeting.
Mayor Peterson also responded to the concern raised about the tree removal request.
Commissioner Dotson thanked Asst. Supt. for Water & Sewer Whitney and Supt. Gray
for conducting the tour of the Water Plant and extending their time to the public to
answer questions.
Superintendent Gray reminded the Board that the agenda for next week’s meeting
involves the review of scoping documents relating to the Water Plant. This item will take
a lot of time for the Board to consider and suggested that the tree removal request be
considered at another meeting.
CREEKS, BRIDGES, PARKS:
Authorization to Implement a Contract for the Pilot Compost Program for the
Balance of 2007 at the Temporary Off-Leash Dog Area Located on the Festival
Lands - and Suspension of the “Carry-in, Carry-out” Policy Established on 6/23/07
By Commissioner Schlather: Seconded by Commissioner Dotson
WHEREAS, Common Council passed a resolution to institute an experimental Off-
Leash Dog Area on City-owned land at the north end of Cass Park (the Festival Lands)
on October 4, 2006, and
WHEREAS, subsequent operational problems developed for both the Youth Bureau
staff at Cass Park and for the DPW solid waste crews due to the loss of New York State
Park’s dumpster in that area which had previously been the informal receptacle for
small amounts of dog waste, combined with increased use of the area with its resulting
waste disposal demands, and
WHEREAS, the Board of Public Works responded with a “carry in – carry-out” policy for
all waste in the Off-Leash Dog Area, after input from staff and the Parks Commission,
and TCDOG [Tompkins County Dog Owners Group] responded with a request that the
City enter into a pilot agreement with a local composting project to incorporate the dog
waste into the composted waste stream, and
WHEREAS, TCDOG has offered to fund the pilot project, which they understood to
have a cost of $3,000.00 per year, provided the City, enters into and administers the
agreement, now, therefore be it
RESOLVED, That the Board of Public Works is willing to undertake a contract for the
pilot compost program for the balance of 2007 and for such part of 2008 as approved by
Common Council, provided that:
1. Staff determines what the terms of any contract to compost waste,
including cost, for the balance of 2007, would be.
2. Staff identifies any direct costs such as equipment or signage or over-
head normally associated with similar contracts, and combines that cost, if
any, with the contract cost.
Board of Public Works – August 8, 2007- Page 4
3. Staff notifies TCDOG’s appointed representatives of the total cost for
2007, and for such part of 2008 as approved by Common Council, as well
as any operational terms that dog owners will have to comply with to make
the compost project work, and receives a written commitment from
TCDOG to contribute an amount equal to such cost to the City.
4. Staff receives and deposits the funds from TCDOG necessary to cover
this total cost for 2007, as well as assurance that TCDOG will work with
the City and dog owners in the Off-Leash Dog Area to make the pilot
project a success,
and be it further
RESOLVED, That once these conditions are met, the Superintendent or his appointee
are authorized to enter into the necessary contract, and be it further
RESOLVED, That, upon satisfaction of the conditions set forth above (as documented
in a written notice to that effect from the Superintendent to the Mayor), the “carry-in,
carry-out” policy established by the Board on June 23, 2007, for the Off-Leash Dog
Area, with regard to dog waste, shall be suspended, and such suspension shall remain
in effect until the Board takes further action or until the Superintendent determines that
the disposal arrangement described herein is no longer hereby in compliance with the
conditions set forth herein and that permission has therefore been revoked, whichever
first occurs.
Extensive discussion followed on the floor regarding what Common Council approved,
the costs to the City and to TCDog, and the timelines that have been established for the
off-leash dog area.
Further discussion followed on the floor regarding the amount of work and time that is
being spent by the Board and TCDog on something that has been established for a trial
period scheduled to end on December 1, 2007, and the uncertainty of a permanent off-
leash dog area in the City being established. The discussion focused on the desire to
implement a simple program for users and staff, such as the carry-in/carry-out policy,
and the willingness of TCDog to pay for the cost of a composting program during the
remaining trial period.
Mayor Peterson stated that she agrees with all the opinions expressed by Board
members and that the carry-in/carry-out policy makes sense. However, she further
sees the value in allowing this experiment to take place to see if this type of program
would work.
Commissioner Chapman stated that he would prefer to see the TCDog group contract
privately at their expense, with a composter to see if this type of program would work
rather than the City taking on this additional responsibility when staff is already over
burdened with other responsibilities.
Commissioner Schlather stated that the City would still need to provide oversight for
either program and that it would set an unusual precedent for the City to have private
entities set up contracts for use of city property.
A vote on the Resolution resulted as follows:
Ayes (5) Dotson, Schlather, Jenkins, Tripp, Peterson
Nays (2) Chapman, Wykstra
Abstentions (0)
Carried
Board of Public Works – August 8, 2007- Page 5
Mayor Peterson reported to the Board on the following two items that had been
approved by Common Council on August 1, 2007:
1. Authorization of a Grant Submission for Park Development Under the
Environmental Protection Act and Land and Water Conservation Fund for the
Design and Construction of the Stewart Park Performance Pier and
Canoe/Kayak Launch
2. Dredging of Cayuga Inlet
WATER AND SEWER:
DPW - Request for Changes to Water and Sewer Roster – Upgrade of Financial
Clerk to Financial Management Assistant – Resolution
By Commissioner Dotson: Seconded by Commissioner Jenkins
WHEREAS, the Water & Sewer Division has requested an upgrade of the Financial
Clerk position to Financial Management Assistant, and
WHEREAS, Common Council approved the roster change at is meeting of August 1,
2007, contingent upon approval of the Board of Public Works, and
WHEREAS, the Board has reviewed the request of the Assistant Superintendent of
Water and Sewer for the proposed roster change, now, therefore be it,
RESOLVED, That the Board of Public Works hereby approves the requested roster
amendment.
Carried Unanimously
DPW – Request for Power to Act on the Approval of a Pipe Bid
By Commissioner Tripp: Seconded by Commissioner Wykstra
RESOLVED, That the Board grant itself Power to Act on the Approval of a Pipe Bid at
their September 5, 2007 Committee of the Whole Meeting.
Carried Unanimously
Power to Act – Approval of Final Scoping Document for the Water Plant
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Board grant itself Power to Act on Approval of the Final Scoping
Document for the Water Plant at their August 15, 2007 Committee of the Whole
Meeting.
Carried Unanimously
HIGHWAYS, STREETS, AND SIDEWALKS:
University Avenue – Resolution Working Session to Discuss Cornell University’s
Proposal to Construct a Structure Over the Street
City Attorney Hoffman explained that an updated Memorandum of Understanding
(MOU) had not been distributed because time did not allow for its completion based on
last week’s discussion at the Board’s meeting.
Discussion followed on the floor with Asst. Fire Chief Tom Parsons regarding any
concerns the Fire Department might have about the height of the proposed building
over University Avenue.
Asst. Fire Chief Parsons stated that the department had been in discussions with the
University for a number of months about fire code, emergency vehicle access, and the
height of the building over a roadway. The project meets all the NYS Fire and Building
codes, so therefore the Ithaca Fire Department does not have any issues with the
proposed project. He further stated that there is nothing in the Fire or Building code that
regulates vulnerability to possible terrorist attacks post 9/11. He stated that if a vehicle
were caught underneath the building, the area is fully sprinklered.
Board of Public Works – August 8, 2007- Page 6
Superintendent Gray reported that he and Cornell Counsel, Ms. Egan had researched
Commissioner Schlather’s question as to whether this kind of building proposal could
ever come up again. They have determined that the majority of property in the City of
Ithaca requires a front yard set back to meet the zoning requirements. The university is
located in the only zoning district that does not require a front yard set back so the
likelihood of a building proposal such as this one ever coming up for review would be
remote.
City Attorney Hoffman stated that this request from Cornell University requires that the
Board of Public Works and not “the City” must enter into this MOU with Cornell
University pursuant to the City of Ithaca Charter. He stated that he does not have a
problem changing the language in the MOU to reflect this, and to respond to the
Planning Board’s request. He further stated that an additional requirement in the MOU
would be that the University would indemnify the City of Ithaca as far as any accidents
that might occur under the building, and if there is additional cost incurred to maintain
the road that the University would cover that cost. He further stated that at last week’s
meeting, the question of ownership of University Avenue or the specific extent of public
right-of-way was raised. He stated that the question cannot be answered in a definitive
way because of different interpretations of various documents. He explained that Mayor
Peterson would like to propose acceptance of the MOU by the Board and that the
question regarding ownership be determined later. The University wants to construct
this project on University Avenue and the issues of public right-of-way need to be
addressed. The MOU would state that Cornell University would upgrade the road at
their expense and then proceed to work out the question of ownership in a more
permanent manner. He asked if the Board was in agreement with this approach. If the
Board feels that the threshold question needs to be answered before proceeding with a
MOU, he will not dedicate time into revising a MOU at this point.
Mayor Peterson explained that this topic has been in discussion for more than twenty
years with various administrations and city staff members. The City had agreed that the
underlying land belonged to Cornell University, and that the University knows that there
is a common right-of-way expectation. The discussions were focused on the poor
condition of the road and who was responsible for repairing and making the necessary
upgrades to it. She stated that this issue is difficult and involves voluminous information
to be researched and interpreted and that the two parties are trying to find a way to
reach an inter-municipal/university agreement that would benefit everyone. She further
stated that she understands that the Board is charged with protecting the public’s right-
of-way and its resources, but wondered if they come to agreement if Cornell University
is willing to pay for the major upgrades and repairs that this road needs, and then
research the question of ownership and make a determination in the future?
Commissioner Schlather stated that he disagrees with the Mayor’s opinion and feels
that this land belongs to the City and that the City should not accept the opposite view
now because it’s convenient. He stated that the Board is responsible for protecting the
public’s assets, and that includes this street and everything appurtenant to the street
such as space for snow removal, sidewalks, bike lanes, and drive lanes. He further
stated that if the City does not own the land, it owns the right-of-way. That right-of-way
needs to be determined. The Board needs to consider the current land use as well as
any possible future uses. He further stated that he has researched street ownership in
the City and found that there are city streets that are not owned by the City, and streets
that are not considered city streets such as:
Not City Owned:
Allen Street, Cascadilla Place, Elston Place, Charles Street, Fountain Place, Glenn
Place, Grandview Place, James Street, Lambeth Way, Llenroc Court, Lodge Way,
McGraw Place, Morris Heights, Orchard Place, Renzetti Place, Sage Place, Edgecliff
Place, Edgewood Place
Board of Public Works – August 8, 2007- Page 7
Not a City Street
Dryden Court
Commissioner Schlather stated that the above streets in the category “not city owned”
in some cases fall into the same category as University Avenue. He stated that there is
compelling evidence from maps, legislation, and State history archive materials that talk
about these roads as well as arguments from the University’s former counsel to the
effect that the road was never deeded to the University by the Town as more fully set
forth in letters and materials submitted by the University’s former Counsel in the 1980’s.
The facts prove that the Board should not demure to the request of Cornell University,
but to maintain the public’s assets.
City Attorney Hoffman stated that in his research, he has not seen evidence that the
City has title for the underlying land.
Discussion followed on the floor regarding how the public right-of-way had been
established in the designs for the proposed project. The designs do not include buffer
areas for snow removal or adequate sidewalks particularly the sidewalks outside of the
proposed columns.
Commissioner Wykstra stated that he would like to see more time spent on research to
clearly indicate ownership because the issues that Commissioner Schlather have
expressed are very important and should be addressed. He further stated that in
principle he is not against the project and thinks that it’s an innovative idea, but he
would like to see more research before the Board makes a decision.
Commissioner Schlather stated that in the early 1980’s the City had taken the position
that it did not want to repair Forest Home Drive, which turns into University Avenue so
the City and Cornell University submitted the matter to the State for advice. The State
determined that the City owned the street and therefore it was responsible for repair and
maintenance and there was no evidence submitted to suggest that the City didn’t own it.
He further stated that the City is a public entity and the University is trying to claim
ownership, but the law is on the City’s side because there are legal documents that
prove the property belongs to the City.
Superintendent Gray explained that when he first was hired the former Superintendent
took him on a tour of University Avenue and told him that the City owned the property
only up to where the Johnson Museum stands, and from the museum to the Campus,
the road belonged to the University. Subsequently, the City has held that position and
not maintained the road past the museum. However the City received numerous
complaints from bus drivers and as the issue of ownership was never settled, the City
reluctantly maintained the road while trying to resolve the question of ownership.
Ms. Egan stated that she has talked with Cornell’s former counsel about this topic and
was assured that the documents that Commissioner Schlather referred to regarding the
determination that the City owned the property were selectively read and interpreted
and that the underlying title for the land belonged to Cornell University as early as 1831.
She further stated that her research indicated that the road was never a turnpike,
therefore the State did not turn the road over to the town because it had never become
a State road. The research further indicated that in the 1980’s the City did not accept
ownership, therefore it can’t be a city property. She further stated that very often towns
never own the underlying title for the road.
Commissioner Schlather responded that he was not reading the documents from his
research out of context and offered the documentation to any Board member that
wished to read for themselves. He stated that there is no evidence that the State
conveyed the land back to the university and that the university mistakenly believes it
has ownership to the road.
Board of Public Works – August 8, 2007- Page 8
Power to Act – University Avenue – Cornell’s Proposal to Construct a Structure
Over the Street – Resolution
By Commissioner Dotson: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on Cornell’s Proposal to Construct
a Structure Over the Street at its August 15, 2007 Committee of the Whole Meeting.
Ayes (5) Dotson, Tripp, Chapman, Jenkins, Peterson
Nays (2) Schlather, Wykstra
Abstentions (0)
Carried
Power to Act – Recognition in Memory of Former City Controller, Dominick
Cafferillo – Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on Recognition in Memory of
Former City Controller, Dominick Cafferillo – Resolution at its August 15, 2007
Committee of the Whole 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