Loading...
HomeMy WebLinkAboutMN-BPW-2008-01-02BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 5:00 p.m. January 2, 2008 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Chapman, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Common Council Liaison – Coles Executive Assistant - Myers EXCUSED: Deputy City Controller - Andrew Assistant Superintendent of Water and Sewer – Whitney DAC Liaison – Roberts COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Martin Hatch, Town of Ithaca, addressed the Board stating his support for the resolution before the Board on University Avenue. Presentation by the Friends of Newman Golf Course Rick Manning, Barbara Blanchard, and Tom Hanna from Friends of Newman Golf Course addressed the Board regarding the current initiative to develop a new Master Plan for the course. Blanchard reported that two of the main goals of the new Master Plan were to make the course more environmentally and financially sustainable. She further reported on her involvement with the project and stated that this presentation was simply to inform the Board and not to request any action. Manning explained the various grants that had been awarded to make improvements in the course and how they helped lead to the development of a new master plan. He reported that a formal proposal will be presented to the public sometime in February 2008. Hanna reported to the Board on the many goals of the new master plan and stated that the desire for improvements in the course stemmed from the development of the Cayuga Waterfront Tail. He further stated that the goals of the plan address sustainability issues, access issues, and encourage mixed use of the area in off seasons and through the development of a mixed-use clubhouse. Discussion followed regarding the proposed layout for the course and the impacts that it would have on the Cayuga Waterfront Trail. Commissioner Chapman, who had previously served on the golf course sub- committee, reported back on how the goals of the new master plan related to the goals of the sub-committee. Further discussion followed regarding the new master plan. Approval of Minutes By Commissioner Tripp: Seconded by Commissioner Schlather January 2, 2008 Board of Public Works Meeting - Page 2 RESOLVED, That the Minutes of Board of October 3, 2007 Public Works meeting be approved as published. Carried 5-0-1 Abstentions: Commissioner Chapman By Commissioner Tripp: Seconded by Commissioner Wykstra RESOLVED, That the Minutes of the October 17, 2007 Public Works meeting be tabled to the January 9, 2008 Voting meeting. Carried Unanimously By Commissioner Tripp: Seconded by Commissioner Schlather RESOLVED, That the Minutes of the October 24, 2007, November 7, 2007, November 14, 2007 and November 20, 2007 Board of Public Works meeting be approved as published. Carried Unanimously University Avenue Resolution – Power to Act WHEREAS, in the context of a pending application for a building permit to construct Milstein Hall on the Cornell University campus, the City Attorney has rendered recent written opinions concerning the rights of the public in and to the road more commonly known as University Avenue as it runs between Central Avenue and East Avenue in the City of Ithaca, which written opinions include most notably a document entitled "Outline of City Attorney's Opinion on Milstein Hall/University Avenue 9/19/07" and a letter to the City of Ithaca Planning and Development Board dated September 25, 2007; and WHEREAS, the Board of Public Works is charged by law, including the Ithaca City Charter Section C-71 and Section C-61, "to have control" of the City streets and sidewalks, and to "prevent the encumbering and obstruction" of the City streets and highways "in any manner"; and WHEREAS, the Board of Public Works recognizes that the opinion of the City Attorney is advisory only, and is not binding on the Board of Public Works and cannot limit the authority of the Board of Public Works with respect to its fiduciary obligation to the public under the Ithaca City Charter and related laws; and WHEREAS, regardless of any action taken by other City agencies or boards in reliance upon the opinion of the City Attorney, the Board of Public Works will not surrender or otherwise suffer the diminution of the rights of the public in and to University Avenue as it runs between Central Avenue and East Avenue as heretofore have existed; therefore be it RESOLVED, That the Board of Public Works, as custodian of the public streets, highways and sidewalks of the City of Ithaca, does not accept the opinion of the City Attorney to the extent that the same states or implies that the City's property interest in University Avenue as it runs between Central Avenue and East Avenue is limited to a public right-of-way of a specified width and height as more fully set forth in the aforesaid written opinion(s), or otherwise concedes to the adjacent landowner property interests that are greater than what has existed heretofore; and be it further RESOLVED, That the Board of Public Works reiterates and asserts for the benefit of the public, both now and in futuro, ownership by the City of Ithaca of such property rights as heretofore existed in that portion of University Avenue that runs between Central Avenue and East Avenue in the City of Ithaca. Motion to Remove the Above Resolution from the Table By Commissioner Schlather; Seconded By Commissioner Tripp RESOLVED, That the above resolution be removed from the table. January 2, 2008 Board of Public Works Meeting - Page 3 Carried 4-1-1 Nays: Mayor Peterson Abstentions: Commissioner Jenkins Motion to Substitute Resolution By Commissioner Schlather; Seconded by Commissioner Tripp WHEREAS, in the context of a pending application for a building permit to construct Milstein Hall on the Cornell University campus, the City Attorney has rendered recent written opinions concerning the rights of the public in and to the road more commonly known as University Avenue as it runs between Central Avenue and East Avenue in the City of Ithaca, which written opinions include most notably a document entitled “Outline of City Attorney’s Opinion on Milstein Hall/University Avenue 9/19/07” and a letter to the City of Ithaca Planning and Development Board dated September 25, 2007 and a memorandum to the Mayor and the Board of Public Works entitled “Extent of City of Ithaca Rights in and to University Avenue” dated November 7, 2007; and WHEREAS, the Board of Public Works is charged by law, including the Ithaca City Charter Section C-71 and Section C-61, “to have control” of the City streets and sidewalks, and to “prevent the encumbering and obstruction” of the City streets and highways “in any manner”; and WHEREAS, the Board of Public Works recognizes that the opinion of the City Attorney is not binding on the Board of Public Works and cannot limit the authority of the Board of Public Works with respect to its fiduciary obligation to the public under the Ithaca City Charter and related laws; and WHEREAS, regardless of any action taken by other City agencies or boards in reliance upon the opinion of the City Attorney, the Board of Public Works will not surrender or otherwise suffer the diminution of the rights of the public in and to University Avenue as it runs between Central Avenue and East Avenue as heretofore have existed; therefore be it RESOLVED, That the Board of Public Works, as custodian of the public streets, highways and sidewalks of the City of Ithaca, does not concede to the adjacent landowner any property interests that is greater than what have heretofore existed; and be it further RESOLVED, That the Board of Public Works reiterates and asserts for the benefit of the public, both now and in futuro, ownership by the City of Ithaca of such property rights, including but not limited to rights in fee, public right-of-way, use, and air rights, as heretofore existed in that portion of University Avenue that runs between Central Avenue and East Avenue in the City of Ithaca; and be it finally RESOLVED, That a certified copy of this resolution be filed and recorded in the Tompkins County Clerk’s office forthwith. Carried Unanimously Discussion followed on the floor regarding the wording of the resolution and further compromises that would have to be made for Commissioners to fully support it. The Board had a general concern that some unnecessary and inflammatory language had been left in the resolution. Motion to amend the Substitute Resolution By Commissioner Tripp; Seconded by Commissioner Schlather RESOLVED, That the third whereas of the above resolution shall now read: “WHEREAS, the Board of Public Works recognizes that the opinion of the City Attorney is advisory and not binding; therefore be it “ RESOLVED, That the fourth whereas of the above resolution be deleted. January 2, 2008 Board of Public Works Meeting - Page 4 Carried 5-1-0 Nays: Mayor Peterson Mayor Peterson distributed a memo to the Board outlining her reasons for not supporting the resolution. She stated that the Board has spent too little time actually discussing the opinion of the City Attorney and how it was reached to be voting on a resolution which states that the Board believes the opinion is wrong. She further stated that if the Board does pass this resolution it has the appearance of them taking the opinion of counter-advice from a legal source, as Commissioner Schlather is a local attorney, other than the City attorney which is not allowed under the City charter and could be deemed out of order. She further stated that calling the action out of order is not something she would prefer to do, rather she would like further discussion of the matter and how the City attorney reached his finding. Discussion followed on the floor regarding the wording of the resolution and further concerns members had about passing the resolution. Motion to Table By Commissioner Jenkins; Seconded by Commissioner Schlather RESOLVED, That the University Avenue substitute resolution as amended be tabled until the January 9, 2008 voting meeting. Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 6:40 p.m. Jessica Myers Carolyn K. Peterson Executive Assistant Mayor