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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