HomeMy WebLinkAboutMN-BPW-2008-01-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 4:50 p.m. January 16, 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
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
Executive Assistant – Myers
Acting Director of Planning and Development – Cornish
EXCUSED:
Deputy City Controller - Andrew
DAC Liaison – Roberts
University Avenue Project Updates
The Board expressed interest in being updated on discussions with Cornell on
University Avenue and the three currently proposed projects between Rand Hall
and the Johnson Art Museum.
Supt. Gray and Mayor Peterson stated that there were no further updates on the
projects.
Commissioner Tripp stated that at the last negotiating meeting with Cornell
University the groups were close to a reasonable agreement that would allow the
City of Ithaca to trade its interest in University Avenue while retaining the right to
perpetual public use.
University Avenue – Power-to-Act
Mayor Peterson distributed a letter from Stephen Golding, The Samuel W.
Bodman Executive Vice President for Finance and Administration at Cornell
University. She stated that the letter should be carefully read prior to any action
on the University Avenue resolution as it clearly states how the passage of the
resolution could be detrimental to the negotiations between the City and Cornell.
University Avenue Tabled Resolution
Motion to Remove from the Table
By Commissioner Tripp; Seconded by Commissioner Schlather
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 advisory and not binding; 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
4-1-1
Nays: Mayor Peterson
Abstentions: Commissioner Jenkins
Commissioner Schlather stated that it is important that the Board make clear the
rights the City of Ithaca has to University Avenue. He further stated that he finds
the letter from Cornell to be troubling as it should not be a concern of Cornell’s if
they are not currently or planning on taking rights to something that the City of
Ithaca is entitled to.
Commissioner Wykstra stated that he was unsure of what Cornell wants from the
Board of Public Works at this time.
Mayor Peterson stated that Cornell would like to continue negotiations that had
previously been close to a mutually beneficial deal.
Commissioner Chapman stated that it has taken up a great deal of the Board’s
time and energy to discuss arbitrary rights, time and energy that would have
been better spent in negotiations.
City Attorney Hoffman stated that there is no black and white solution to this
problem. He further stated that different conclusions have been reached by other
City Attorneys but he believes that there is more information available today then
was available to previous City Attorneys. He stated that the available information
has not been easy to interpret given that no written document explicitly states the
rights of any party to the section of University Avenue.
Mayor Peterson stated that the negotiations should be between parties and that
one of the parties in the negotiation believes this resolution will hinder the
negotiation efforts.
Alderperson Coles stated that the letter from Cornell intrudes on City process in a
manner that is detrimental to the negotiating relationship.
Commissioner Schlather stated that it is better to resolve a problem than to stake
claims and positions. He stated that he would rather negotiate but he does not
want this Board to be accused of acquiescing.
Motion to Substitute Resolution
By Mayor Peterson; Seconded by Commissioner Chapman
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 basis for and extent of the
rights of the City of Ithaca and 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” dated September 19, 2007, 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 (subject to “the direction and review of Common Council”),
and, pursuant to City Charter Section C-71, has the power to “prevent the
encumbering and obstruction” of the City streets and highways “in any manner”;
and
WHEREAS, the Board of Public Works has reviewed the opinions of the
City Attorney and other available research and information pertinent to this
matter, and finds the questions regarding the underlying ownership of the
road and the respective rights of the City and Cornell University to be
difficult and complex, with certain historical gaps, mysteries and
contradictions (as noted and considered by the City Attorney, before he
reached his conclusions) that apparently cannot be resolved with
complete, factual certainty at this time; and
WHEREAS, the Board of Public Works recognizes that the opinion of the City
Attorney is based on conclusions formed from the available information and
caselaw, but is advisory and not binding; 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 Cornell University any property interests in or to the portion of
University Avenue in question that is are greater than what have heretofore
existed (without forming a conclusion at this time as to exactly what those
pre-existing property interests are and have been); 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, continued 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 have existed in that portion of University
Avenue that runs between Central Avenue and East Avenue in the City of Ithaca,
including but not necessarily limited to the full width and height of the
existing public right-of-way, and the right to all public uses associated
therewith (and, likewise, without forming a conclusion at this time as to
exactly what those pre-existing rights are and have been); and be it further
finally
RESOLVED, that the Board of Public Works reiterates its interest in
participating (together with other City officials) in the collaborative effort
with Cornell University to resolve, in a mutually beneficial way, current and
long-standing issues regarding the maintenance, repair, improvement and
future legal status of University Avenue and Forest Home Drive; and be it
finally
RESOLVED, That a certified copy of this resolution be filed and recorded in the
Tompkins County Clerk’s office forthwith.
Commissioners Tripp and Wykstra stated that a resolution needs to be passed.
Commissioner Schlather stated that he is against the substitution because it
states that things are mysterious and that could present legal issues for the City.
Carried 4-2
Nays: Commissioners Tripp, Schlather
Motion to Amend Resolution
By Commissioner Schlather, Seconded by Commissioner Tripp
RESOLVED, That the parenthetical language in the second WHEREAS be
removed.
Carried 5-1
Nays: Mayor Peterson
Motion to Amend
By Commissioner Schlather, Seconded by Commissioner Tripp
RESOVLED, That the third WHEREAS be removed.
Carried 4-2
Nays: Mayor Peterson, Commissioner Chapman
Motion to Amend
By Commissioner Schlather, Commissioner Tripp
RESOLVED, That the parenthetical language in the first RESOLVED clause be
removed.
Failed 1-5
Ayes: Commissioner Schlather
Motion to Amend
By Commissioner Wykstra, Seconded by Commissioner Tripp
RESOLVED, That the parenthetical language in the first RESOLVED clause
shall read “, (without declaring at this time exactly what those pre-existing
property interests are and have been)”
Carried Unanimously
Motion to Amend
By Commissioner Schlather, Seconded by Commissioner Tripp
RESOLVED, That the second RESOLVED clause read as follows “RESOLVED,
That the Board of Public Works reiterates and asserts for the benefit of the
public, both now and in futuro, continued ownership by the City of Ithaca of any
such property rights as heretofore have existed in that portion of University
Avenue that runs between Central Avenue and East Avenue in the City of Ithaca,
and be it finally”
Carried Unanimously
Vote on substitute resolution as amended
WHEREAS, the City Attorney has rendered recent written opinions concerning
the basis for and extent of the rights of the City of Ithaca and the public in and to
the road 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” dated September 19, 2007, 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-61, “to have control” of the City streets and sidewalks,
and, pursuant to City Charter Section C-71, has the power 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 based on conclusions formed from the available information and
caselaw, but is advisory and not binding; 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 Cornell
University any property interests in or to the portion of University Avenue in
question that are greater than what have heretofore existed,(without declaring at
this time exactly what those pre-existing property interests are and have been);
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, continued ownership by the City of
Ithaca of any such property rights as heretofore have 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 the Board of Public Works reiterates its interest in participating
(together with other City officials) in the collaborative effort with Cornell University
to resolve, in a mutually beneficial way, current and long-standing issues
regarding the maintenance, repair, improvement and future legal status of
University Avenue and Forest Home Drive; 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
Water Treatment Plant – Environmental Review
Rick Gell and Steve Eckler, of O’Brien and Gere, reviewed the project status and
projected timeline for completion of the Environmental Review for the water
treatment plant.
ADJOURNMENT
On a motion the meeting adjourned at 7:00 p.m.
Jessica Myers Carolyn K. Peterson
Executive Assistant Mayor