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