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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