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HomeMy WebLinkAboutMN-BPW-2007-08-15BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. August 15, 2007 PRESENT: Mayor Peterson Commissioners (5) - Dotson, Chapman, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer – Whitney Information Management Specialist - Myers Deputy Director of Planning & Development – Cornish EXCUSED: Commissioner Jenkins Common Council Liaison – Coles DAC Liaison – Roberts Power to Act – Cornell University’s Proposal to Construct a Structure over University Avenue - Resolution City Attorney Hoffman provided a revised Memorandum of Understanding (MOU) and Proposed Resolution regarding the University’s proposal to construct a structure over University Avenue. City Attorney Hoffman originally presented a proposed Memorandum of Understanding (MOU) between the City and Cornell University regarding University Avenue, together with a proposed resolution intended to approve the proposed realignment of a portion of University Avenue and the “exchange” of formal easements on July 11, 2007. The effect of the MOU would be to clarify and formalize the extent (width, height, depth) of the public right-of-way associated with University Avenue (between East and Central Avenues), and to memorialize Cornell’s commitment to improve a stretch of the street (including the addition of a bike lane) in the vicinity of Milstein Hall (if the project receives other necessary permits from City agencies). As a result of the Board’s discussion on July 11th and August 1, 2007, and concerns expressed by the Superintendent of Public Works, City Attorney Hoffman worked with Cornell Counsel Shirley Egan, and the Mayor, to draft the following revisions: 1. The MOU would be between Cornell University and the Board of Public Works (rather than “the City”). In the 2nd WHEREAS clause, the revised MOU cites the authority the Board has over City streets and sidewalks pursuant to the City Charter and Code. 2. In what is numbered as Paragraph 1, the 14-foot, 8-inch limitation on the height of the public right-of-way is applied only to the stretch of the street that would be beneath Milstein Hall. 3. In Paragraph 1, a new section (d) is added, giving the City a permanent easement for any underground utilities beneath University Avenue. 4. In Paragraph 1, the width of the easement to the City is increased by up to 3 feet (except under Milstein or next to the Foundry), to allow for a future curb lawn adjacent to the sidewalk on the north side (where space allows). 2 August 15, 2007 5. In Paragraph 2, instead of conveying an easement back to Cornell for the Milstein pillars, the MOU characterizes the land on which the pillars would stand as being retained (exclusively) by Cornell. 6. In Paragraph 6, a new provision is included by which Cornell agrees to indemnify and hold harmless the City, as to any claim of injury by a 3rd party arising out of the spanning of the street by Milstein Hall (e.g., in the event of a vehicle hitting a pillar). 7. In Paragraph 8, a new provision is included specifying a limit on the duration of any temporary closure of the street due to the construction of Milstein Hall or the proposed Parking Structure, and stipulating that any costs associated with the detouring of traffic will be borne by Cornell. 8. In Paragraph 11, the commitment to further City/Cornell discussions and negotiations is expanded to include Forest Home Drive and specifically, a good- faith attempt to address the wish for improved pedestrian and bicycle accommodation and safety (throughout the University Avenue/Forest Home Drive corridor). 9. A new Paragraph 12 is added, the effect of which is to give the City another 4 months to research the ownership issue; if, during that time, it found proof of the conveyance of underlying fee title (or a right-of-way with a specified width) to the City, the City would not be precluded from pressing that claim provided that Cornell were given 2 months to submit a rebuttal, and/or to enter into negotiations with the City to purchase land or air rights (sufficient to allow the construction of Milstein and/or the Parking Structure). The following representatives from Cornell University were present to participate in the discussion: Shirley Egan, Associate Counsel David Cutter, Landscape Architect John Kiefer, Planning, Design, and Construction Director Andrew Magre, Architect Superintendent Gray stated that he would prefer the MOU not refer to a 14’8” height clearance and instead refer to New York State Department of Transportation/Building Code, and Federal standards. He further stated that some State codes refer to clearances of 16’. He would prefer that the language of the MOU reflect future State standards since everyone would have to follow them as they propose projects in the future. This change would not commit the City to a 14’ 8” clearance in the future. Commissioner Schlather stated that the Board is being asked to redefine the public’s interest in a public space because a project has been proposed. He further stated that the Board should consider what is in the public’s best interest for public right-of-way such as having a sidewalk on both sides of the street for pedestrians, should there be a bike lane on only one side, snow storage needs, etc. He suggested that the Board set aside the parameters of Milstein Hall and think of the public right-of-way and define that. He stated that if the MOU does not include these considerations that the Board is doing a disservice to the public. City Attorney Hoffman stated that he, the Mayor, the Superintendent of Public Works, the Ithaca Police Department, and the Ithaca Fire Department staff met to talk with Cornell University staff about what were reasonable parameters for a public right-of- way. He further stated that no one would disagree with Commissioner Schlather’s concerns. The group considered the historical use of the road and its physical limitations including a gorge. The City of Ithaca does not have the right to use additional land without compensating Cornell University, so that is how the parameters in the MOU were established. 3 August 15, 2007 Extensive discussion followed on the floor concerning what authority the Board has to make requests of developers for the inclusion of additional sidewalks, bike lanes, snow removal storage areas, bus shelters and other amenities in relation to how the public has been using the road and the physical limitations involved with this site. Further discussion followed on the floor regarding informal arrangements between the City of Ithaca and Cornell University for maintenance of the road including snow removal. Commissioner Tripp stated that she would like to be assured that the City is getting enough in return from Cornell University through the MOU before a decision is made. Superintendent Gray explained that the proposed MOU lists some changes that Cornell has indicated they would incorporate into their architectural plans that include an uphill bike lane. Cornell agreed that an uphill bike lane would be valuable and explained that they are also working with their architect to provide enough space for a road that would serve both the community and the University’s needs. City Attorney Hoffman stated that there has been a characterization of the City giving something up to Cornell for their proposed project. He explained that the City does not own the underlying title and there is no definition of what the size of a public right-of-way should be. A public easement is established by use and it is clear on University Avenue that the right-of-way includes a bike lane, a sidewalk on one side, a bus shelter and nothing more because of the geography of the area that includes a steep gorge. The historical use by the city of this road is 28’ wide. The proposed MOU does widen that a little to include a bike lane and 6’ on the north side however, the height/air issue needs to be determined. If it belongs to Cornell, then the right-of-way is what has been used by the public and no higher. The question before the Board is whether the City is giving something away or acknowledging the situation and choosing to pursue compensation to the owner. He pointed out that University Avenue will be re-built by Cornell and their good faith commitment to continue negotiations for future repair of the rest of University Avenue. Ms. Egan explained that in her original request for the MOU she referenced New York State Department of Transportation guidelines for height requirements and the City Attorney advised her that the MOU should state the specific height measurements. She referred Board members to page 6 of the MOU item #8 that reads as follows: “(8) maintained clearance, between the paved surface of the road and the lowest elevation height of the portion of Milstein Hall proposed to span University Avenue, of not less than fourteen feet-eight inches (14’8”) and compliant with applicable New York State Department of Transportation regulations for clearance and posting over a road of the same type or class as University Avenue (which regulations currently state that such minimum clearance is 14’2”, desirable is 14’8”). If height regulations change in the future and require a greater height in this instance (i.e., if the previous height compliance is not ‘grandfathered’ or permitted to remain), the University, at its cost, shall lower the road surface to comply with the new regulations”. Discussion followed on the floor regarding accommodation of pedestrians and bicyclists in the area. Cornell University conducted an analysis of pedestrian usage of the area and found that the sidewalk on this part of University Avenue is lightly used. The University wants good sidewalks as well and noted that Forest Home Drive does not have a sidewalk on one side because of the steepness of the land. Cornell feels this proposal addresses the needs of the community in the best possible way. Ms. Egan stated that Cornell University’s proposed project costs will include the rebuilding of that area of the road which has not been maintained in many years with no cost to the City. She stated that this is a good deal for the City and for the community and it might provide for an opportunity for cooperative work between the University and the City for repairs made to the rest of the road that could include an additional bike lane. She further stated that the City would then be responsible for the maintenance of the improved road. 4 August 15, 2007 Commissioner Schlather questioned the right-of-way and usage of the road and whether City construction vehicles used for routine road maintenance would be able to fit underneath the proposed structure. Assistant Superintendent of Streets & Facilities Ferrel responded that the City has trucks with 16’ beds that when tipped up would exceed the 14’8” height of the proposed structure. He further stated that special equipment would be needed in order to do roadwork in that area. He noted that the City routinely works with special care taken underneath wires throughout the City without any problems. Commissioner Schlather asked if the City was considering this request because Cornell University is the developer or whether the same consideration be given to a private developer. He further asked whether the City would want to pay for the cost to hire engineers to argue the cost difference between routine road maintenance and special road maintenance needs for any future work. In addition, he noted that this proposed building would generate increased pedestrian traffic in the area that would include students and faculty and questioned whether that had been taken into consideration as well. Discussion followed on the floor regarding the flow of pedestrian traffic to and from this proposed structure, where the primary travel routes would be, and how the project would accommodate pedestrian flow, bike lanes, driveways, ADA requirements, and snow removal needs. Cornell Counsel Egan explained that there are driveways and curb cuts on the Foundry side of the area and that access to them would be maintained and preserved. She stated that appropriate design guidelines for construction of sidewalks and driveways would be followed to ensure safety and ADA requirements. Superintendent Gray stated that it has been his experience in working with Cornell on various projects, that if there is a way to get a long-term solution for a situation that they are very cooperative in working with the City to meet that need. He further stated that there is a steep grade east of the stairs from the suspension bridge and that is an area where a retaining wall is needed. If an agreement can be reached and a retaining wall put in, it would be nice to locate it far enough back to create a tree lawn for snow storage. He explained that the City and Cornell have similar goals and want to work together to meet everyone’s needs. Discussion followed on the floor regarding the Board’s responsibility to establish a right- of-way and the need for them to define what they want that right-of-way to include such as room for a sidewalk on the side where there isn’t one right now, room for snow removal and storage, room for future bike lanes, and room for any possible future uses of the area. City Attorney Hoffman asked the Board what they thought the City was giving up or trading to Cornell for this proposed project. He stated that this proposal couldn’t go forward in the review process with the City until this issue is resolved by the Board. Commissioner Schlather stated that this issue does need to be resolved in a way that would include the whole road. He further stated that the Board is charged with protecting the public right-of-way for future use. City Attorney Hoffman stated that he doesn’t know the time frame for open negotiations with the University on this item and encouraged the Board to carefully consider the request before them and stressed the importance of a timely decision. 5 August 15, 2007 Cornell Counsel Egan stated that what is being requested by the Board speaks to basic equities and balances. She further stated that if the Board is talking about not approving this request it amounts to a tremendous loss of land and opportunity in a tight space for the University for the sake of the City pursuing eminent domain for a 66’ right- of-way. If this option were taken, it would be hard for Cornell to contribute to the cost of rebuilding the road. There is a window of opportunity now that may not remain open indefinitely. She stated that Mayor Peterson and Cornell’s Executive Vice President for Finance and Administration Golding have approached this proposal in an open, frank way to be fair to each other to accommodate the request and have agreed to continue negotiations and move forward with the partnership to determine ownership once and for all. She further stated that the University is on the brink of investing a lot of money for the Milstein Hall project and if the way is not clear, discussions at Cornell would take place and a decision could be made to withdraw their request. However, it was Cornell’s hope to be able to work cooperatively with the City to proceed with the project and also rebuild the road for the City which will benefit the whole community. Commissioner Wykstra stated that he agreed that the partnership between the City of Ithaca and Cornell University is an important one. He also feels that the question of ownership and right-of-way does need to be determined before a decision can be made to construct a structure over University Avenue. He further stated that the City Attorney has stated that he does not have any record that shows that the City has ownership of this property and questioned what Cornell provided to prove their ownership? City Attorney Hoffman explained that the University has deeds to the land that go with the road that ran into the Town of Ithaca that show ownership to the middle of University Avenue from both sides. Commissioner Wykstra stated that the road was there before the University was established and stated that Frosh Alley in the City is only 16’ wide and there are other streets that fall into that same category in the City because of the terrain of the area. He would like to see more information from Cornell regarding ownership of University Avenue as the City and Cornell move forward in this partnership. Commissioner Schlather reminded the Board of a similar situation with Cornell that took place around 25 years ago involving swapping land with Cornell when the City wanted to re-align Clinton and Meadow Streets. In order to proceed with this land swap the City had to pay the University $25,000 and then the University sold the property, so they benefited greatly from this land swap. He further stated that if the City and the University want to continue to be neighborly towards each other then it needs to proceed honestly and above board with equal bargaining ability and the proposed MOU does not do that. Mayor Peterson asked the Board what they wished to do regarding this request and how they would like to proceed. She stated that she had been working on this proposal for a number of years and knows that at least one Board member is not in support of this request and wondered how other Board members were feeling. Commissioner Schlather stated that he appreciated the work and time that staff have put into the request to date. He further stated that even if the rest of the Board were inclined to approve the request that they would be doing a disservice to the public since some of the information for this request was just handed out to Board members at the start of today’s meeting and they have not had time to review it thoroughly. He further stated that he would like to see this item discussed further at the Board’s next meeting scheduled for September 5, 2007 and then possibly vote on the request at the regular voting meeting on September 12, 2007 at the earliest. Commissioner Tripp stated that it might be useful if the Board could tour the site to help them in their decision making process. 6 August 15, 2007 Commissioner Chapman stated that he feels comfortable with the building area, but he does have a concern about the rest of University Avenue. He stated that the Board needs to establish a firm boundary for the right-of-way for future uses and more work by the Board is needed on that issue. Commissioner Dotson stated that she is comfortable with this section of the road because a collaborative approach is in the best interest of everyone. She further stated that it would be good to move forward with this project because the road is in bad condition and does need repair. She voiced concerns regarding the width on the south side of the street and the area near the parking garage. Commissioner Wykstra stated that when he heard the question of whether the City would consider a request from a private developer in the same way, it made him think about how requests from non-profit groups, higher education institutes or Cornell would be considered as far as providing a great opportunity for a partnership. He further stated that he would like more time to read through the information that was given to Board members today. Board members suggested that their availability on Wednesdays from 4:30 p.m. to 7:00 p.m. might be a good time to schedule a tour of the site with Cornell staff. Representatives from Cornell that were present at the meeting suggested scheduling a tour for Wednesday, August 22, 2007, from 5:30 p.m. to 7:00 p.m. The Board agreed to this date and time. Information Management Specialist Myers will notify Commissioner Jenkins that the tour has been scheduled. Commissioner Chapman requested that Cornell provide Board members with drawings of the proposed parking garage prior to the tour for their information and review. Cornell’s architect, Andrew Magre stated that he would work to provide copies of the drawings to Board members. The following resolution was not moved for discussion at today’s meeting and will be placed on the agenda for consideration at the next meeting on September 5, 2007. PROPOSED (Revised) RESOLUTION -- 8/15/07 Approval of Proposed Relocation of University Avenue, Proposed Exchange of Easements for University Avenue, and Proposed Memorandum of Understanding Between the City of Ithaca and Cornell University WHEREAS, according to the Charter and Code of the City of Ithaca (e.g., Sections C-61 and C-71), the Board of Public Works has authority over the City’s streets and sidewalks, including the power to alter them; and WHEREAS, the City of Ithaca and Cornell University have been engaged in discussions, for more than 20 years, about the status and future of University Avenue (and its extension – Forest Home Drive); and WHEREAS, the evidence currently available appears to indicate that the underlying fee title to the land over which a portion of University Avenue (between West Avenue and East Avenue) runs rests with the University; and WHEREAS, regardless of who possesses the fee title, a public right-of-way for highway purposes has long been established in connection with the portion of University Avenue in question; and WHEREAS, the City and the University are not necessarily in agreement as to the specific nature of such public right-of-way, due to questions about the status of the Cortland and Seneca Turnpike, authorized by the NYS legislature in 1812 to be operated along that route, but with no apparent record of having actually been implemented, as well as questions about other historical events and their legal implications; and 7 August 15, 2007 WHEREAS, actual operation of said Turnpike along this portion of University Avenue apparently would have left the State of New York (and by extension the Town of Ithaca, then the City) in possession of a right-of-way as wide as 66 feet (by statute), as opposed to the common-law “easement-by-user” which would otherwise have arisen and applied to this situation, in that case with a width based on actual public usage (i.e., probably in the range of 25-35 feet); and WHEREAS, in either case, the height of a public right-of-way (across land owned by others) appears to be limited to what would reasonably be required for the safe passage of the vehicles that can typically be expected to use the type of roadway that occupies the right-of-way; and WHEREAS, resolution of such historical questions may not be possible without protracted research and/or legal action, and in fact may never be accomplished with certainty, due to the passage of almost 200 years; and WHEREAS, Cornell University wishes to present for review, by the appropriate City agencies, its proposals for construction of Milstein Hall and the Central Avenue Parking Structure, both of which affect University Avenue or the immediately adjacent area, but neither of which can proceed until issues of site control are settled; and WHEREAS, if these projects go forward, the University is willing to rebuild a portion of University Avenue, and to add to it a bicycle lane and additional sidewalk, all at the University’s sole cost; and WHEREAS, it would be in the interest of both parties to resolve and define, without further delay or costly litigation, the boundaries of the public right-of-way for this portion of University Avenue, and to address related questions concerning the status and maintenance of University Avenue and Forest Home Drive; and WHEREAS, representatives of the City and the University (including the Superintendent of Public Works) have met and discussed how the City’s concerns regarding the maintenance of a safe and effective public thoroughfare can be reconciled with the University’s proposals for Milstein Hall and the Central Avenue Parking Structure (if approved); and WHEREAS, as a result of these negotiations, counsel for the City and the University have together drafted a proposed (revised) Memorandum of Understanding (attached; dated 8/15/07), the essential terms of which are summarized as follows: 1. To the extent that Milstein Hall and the Parking Structure are approved (by the Planning Board, Landmarks Commission, etc), Cornell agrees to rebuild a portion of University Avenue in proximity to Milstein Hall, at its sole cost. 2. The BPW agrees to allow Cornell to relocate this portion of the street slightly to the south (by a maximum distance of about 10 feet). 3. The public right-of-way for that portion of University Avenue between Central Avenue and East Avenue is formally defined (as to its width, height, depth and general location – post-Milstein), and the parties agree to set this forth in a written easement. 4. The public right-of-way (post-realignment) will be sufficiently wide to accommodate: a. Two traffic lanes, totaling 22 feet. b. A bicycle lane (on the southerly, uphill side) at least 5 feet wide. c. Curbs on both sides. d. A setback of at least 2 feet between the north curb and any supporting columns for Milstein Hall. e. A sidewalk on the north side at least 6 feet wide (and located north of the columns), plus, outside of the Milstein Hall/Foundry area, a 3-foot-wide curb lawn (which the City would have to construct). 5. The minimum height of the easement will be 14 feet 8 inches beneath the proposed Milstein Hall. 8 August 15, 2007 6. The City will release its claim to any existing right-of-way that lies outside of these defined boundaries (subject to #12, below). 7. Cornell will retain sole ownership and control of the land (and air space) upon which the columns for Milstein Hall are located. 8. Cornell will pay for the relocation of any City utilities in the University Avenue corridor that is necessitated by the street realignment or rebuild. 9. If, in the future, the City incurs extra cost for the repair or maintenance of University Avenue (or the utilities beneath it), due to location of Milstein Hall above it, or due to the location of the below-grade portions of the Parking Structure, in proximity to it, Cornell will reimburse the City for those costs. A neutral mechanism for resolving whether such costs are in fact attributable to Cornell is included. Also, Cornell will indemnify the City against any 3rd-party damage claims arising out of the spanning of the roadway by Milstein Hall (e.g., as a result of a vehicular collision with a supporting column). 10. Any temporary closure of University Avenue necessitated by the construction of Milstein Hall or the Central Avenue Parking Structure will be subject to a plan worked out in advance by the City and Cornell. Any such (full) closure would be limited to a period of 17 months for Milstein, and 15 months for the Parking Structure. The cost of maintaining a detour during the closure would be borne by Cornell. 11. The parties agree to continue to meet to discuss and negotiate a possible turn- over of the on-campus portion of University Avenue (and Forest Home Drive) to Cornell (which would relieve the City of responsibility for maintenance of the badly-deteriorated road), and ways to improve bicycle and pedestrian safety and accommodation, with a target date of December 31, 2007, for completing such discussions. 12. In the event that further research shows definitively that the City, by virtue of a grant of underlying fee title or right-of-way with stated width, holds a right-of-way greater than is set forth in the MOU, the City would not be precluded from asserting such a right, provided it did so within 4 months, after which submission Cornell would have up to 2 months to submit a rebuttal and/or to enter into negotiations with the City for purchase of the rights needed to construct Milstein Hall and/or the Parking Structure. now therefore be it RESOLVED, That the Board of Public Works, in its capacity as overseer of the City’s streets and sidewalks, hereby approves of the relocation of a portion of University Avenue (a City street), as proposed by Cornell University and as illustrated in the attached conceptual drawing (“Exhibit A – University Avenue Re-Alignment”), dated July 5, 2007; and be it further RESOLVED, That the Board hereby approves of the exchange of easements intended to define and codify the width and height of the public right-of-way associated with that portion of University Avenue between Central Avenue and East Avenue, as described in the proposed Memorandum of Understanding between the City of Ithaca and Cornell University (“Draft (as revised through August 15, 2007)”) and authorizes the Mayor, upon review by the City Attorney, to execute any and all documents necessary to implement such exchange; and be it further RESOLVED, That the Board hereby approves the proposed Memorandum of Understanding, between the Board of Public Works of the City of Ithaca and Cornell University, regarding University Avenue (“Draft (as revised through August 15, 2007)”) and authorizes the Mayor, upon review by the City Attorney, to execute the same; and be it further RESOLVED, That the foregoing approvals by the Board are not intended to preclude any other involved City agency from carrying out its required review of the proposals by Cornell University to relocate University Avenue or to construct Milstein Hall or the Central Avenue Parking Structure. 9 August 15, 2007 Approval of Final Draft Environmental Impact Statement Deputy Director of Planning & Development Cornish explained that she just received information from O’Brien & Gere within the last hour. The consultants were told not to come to this meeting because the Board would need time to review the information therefore, the Board will not be asked to discuss or make a decision on this at today’s meeting. She distributed the information from the consultants with instructions on how to read the documents to prepare for future discussion of this item. She asked that Board members make notes on the information for any suggested changes they would like to have incorporated into the document. The resolution below was not acted upon. Power to Act - Approval of Final Draft Environmental Impact Statement – Resolution WHEREAS, On April 11, 2007, the Board of Public Works for the City of Ithaca acting as Lead Agency, determined that the Proposal to Upgrade or Replace the Current Water Supply of the City of Ithaca may have a significant environmental impact and that a draft Environmental Impact Statement must be prepared, and WHEREAS, on July 26, 2007, the Board of Public Works held both an Agency Scoping Session and a Public Scoping Session to help it identify issues to be analyzed in the draft Environmental Impact Statement for the proposal to upgrade or replace the current water supply of the City of Ithaca, and WHEREAS, the Board of Public Works advertised a public comment period of the proposed scope which closed on August 8, 2007, and WHEREAS, the Board of Public Works received, analyzed and incorporated substantive comments from the public regarding issues to be included in the scope; now, therefore be it RESOLVED, That after considering both the written scope and the comments made during the public comment period, the Board of Public Works for the City of Ithaca adopts the scope adopted on May 25, 2007 and last revised June 22, 2007, to be used for the draft Environmental Impact Statement for the proposal to upgrade or replace the current water supply of the City of Ithaca. Waiver of Pavilion Fee at Stewart Park for Employee Picnic – Resolution This item will be placed on the agenda for the September 5, 2007 Special Board of Public Works meeting. Power to Act – Recognition of Service in Memory of former City Controller, Dominick Cafferillo - Resolution WHEREAS Dominick Cafferillo, Comptroller and Chief Financial Officer of the City of Ithaca for more than twenty years, died on August 7, 2003; and WHEREAS Dominick, dedicated civil servant and long time city resident, has added significantly to the good reputation of the City of Ithaca as truly a respected and special community in New York State; and WHEREAS in reflecting upon Dominick’s passing and his many contributions to this city, it has become clear that the City of Ithaca has been and continues to be well served by its many career civil servants who have contributed selflessly, in good faith and with enthusiasm, for the benefit of this community over their working careers; and WHEREAS the human resources invested in this community are more important than the bricks and mortar that so often define a municipality; and WHEREAS Ithaca is a beautiful and special place primarily because of the good work and dedication of its employees over the years; and 10 August 15, 2007 WHEREAS it is fitting the all city workers who have labored to make Ithaca a special place over the years should be memorialized in the permanent records of the City of Ithaca upon their passing, to the extent that the same is reasonable and possible; therefore be it RESOLVED, That the Board of Public Works acknowledges the selfless and significant contributions of Dominick Cafferillo to the well-being, prosperity and good reputation of the City of Ithaca during his tenure as City Comptroller and Chief Financial Officer of the City of Ithaca; and be it further RESOLVED, That the Board of Public Works respectfully requests that Common Council enact as the permanent policy of the City of Ithaca, a so-called “Cafferillo’s Law” whereby all long term city employees, whether active or retired, be acknowledged and named in the minutes of Common Council proceedings at or shortly after the time of death, to the extent that the same is reasonable and possible under the circumstances. Commissioner Schlather explained his reasons and thoughts behind this resolution and stated that it would be a nice way to remember and pay tribute to City staff. Mayor Peterson requested this item be referred to a future meeting in order for her to discuss it with Commissioner Schlather. No Board member objected. Mayor Peterson requested that she would call a Special Meeting of the Board of Public Works for September 5, 2007 so that the Board could consider and vote on all of the items that will appear on the agenda. No Board member objected. ADJOURNMENT On a motion the meeting adjourned at 7:15 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor