HomeMy WebLinkAboutMN-BPW-2008-07-16BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 5:10 p.m. July 16, 2008
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, 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
Common Council Liaison – Coles
DAC Liaison – Roberts
Information Management Specialist - Myers
Approval of Minutes:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the April 4, 2007 Board of Public Works Committee of
the Whole Meeting be approved as published.
RESOLVED, That the Minutes of the April 9, 2007 Board of Public Works Voting
Meeting Minutes Resolution; April 11, 2007, and April 18, 2007, Board of Public Works
Committee of the Whole Meeting be approved with noted corrections.
Carried Unanimously
Additions to the Agenda:
Supt. Gray requested the addition of a request for amplified sound in DeWitt Park be
added to the agenda as item 10.
No Board member objected.
Vicki Taylor, Downtown Ithaca Alliance, addressed the Board on behalf of the
Downtown Ithaca Office Workers Appreciation Week scheduled for July 21-25, 2008.
Ms. Taylor requested approval from the Board for the use of battery powered amplifiers
to boost the sound of a folk band, The Aardvarks, that will be playing in DeWitt Park on
Tuesday, July 22, 2008, during the Farmer’s Market. She explained that the Downtown
Ithaca Alliances hopes the music will increase the ambiance of the park and make
shopping at the market more inviting and enjoyable for patrons.
Mayor Peterson stated that the Noise Permit was denied at her level due to strict
following of the Board of Public Works 1992 resolution, which states there shall be no
use of amplification in DeWitt Park. She further stated that the Downtown Ithaca
Alliance had appealed that decision and so she had brought the request to the Board for
their consideration and input. Discussion followed regarding other organizations using
amplification during other festivities throughout the year at DeWitt Park and the
difference between those events and this request.
Extensive discussion followed on the floor regarding this specific event, how the
amplified sound would impact the park, and possible alternative locations for the band.
However, after much debate, the majority of the Board supported the Mayor’s request to
grant approval for this event scheduled for July 22, 2008 at DeWitt Park.
Because this topic is so important to different members of the community including the
many veterans in the area and in light of the fact that the representatives from the local
veteran’s group have addressed this Board to request that the City restrict use of the
park by following the strict guidelines of the Board’s 1992 resolution, that staff provide
background information from that resolution to them for their review and consideration
of possibly establishing new guidelines for use of the park at a future meeting to be held
by the end of the year.
July 16, 2008 Board of Public Works Committee of the Whole Meeting Minutes Page 2
University Avenue – Negotiation Update:
City Attorney Hoffman updated the Board regarding the University Avenue project. He
stated that two public sessions have been held. He explained that the Planning Board
has a right to comment, an Environmental Review is proceeding, and that Common
Council has declared itself the lead agency for this project.
Discussion followed regarding the Environmental Review and what it might cost to
defend the action should it go to court.
Lead Agency For University Avenue:
Mayor Peterson explained the process that would take place should Common Council
has be designated as Lead Agency. She stated that the Board can either take no action
for the next 30 days or it can vote on the following resolution so Common Council can
move forward with declaring themselves lead agency for this project. Discussion
ensued which resulted in an advice of counsel session. The majority consensus was to
vote on the resolution that would designate Common Council as lead agency and allow
the process to move forward.
Consent to the Designation of Common Council as Lead Agency for University
Avenue Discontinuation/Agreement - Resolution:
By Commissioner Tripp: Seconded by Commissioner Chapman
WHEREAS, the Common Council has declared its intent to act as lead agency for the
environmental review of the proposed discontinuance of a portion of University Avenue
as a City street, which discontinuance would be conditioned upon the execution of a
contractual agreement between the City and Cornell University that would require
Cornell to reconstruct that portion of the street by 2013 and to keep it open –
permanently – for travel by the public, and
WHEREAS, the Board of Public Works is also an involved agency with regard to this
proposed action, and
WHEREAS, the Common Council has requested that the Board consent to Council’s
designation as lead agency, now therefore be it
RESOLVED, That the Board hereby consents to the designation of Common Council as
lead agency for the afore-mentioned action.
Discussion followed regarding the environmental review process.
Commissioner Schlather strongly opposed the scope and tentative conclusions of
proposed environmental review and also stated that the discontinuance of public streets
and related environmental review are more properly the responsibility of the Board of
Public Works.
A Vote on the Resolution Resulted As Follows:
Ayes (4): Chapman, Tripp, Wykstra, Peterson
Nays (2): Jenkins, Schlather
Abstentions (0)
Carried
Sidewalk Public Hearing – Advice of Counsel:
The Board adjourned into the Advice of Counsel session at 6:19 p.m. and reconvened
the meeting with no formal action taken at 6:30 p.m.
Discussion continued regarding the lack of procedure for establishing consistent
methods of billing property owners for sidewalk work or repairs.
Commissioner Schlather suggested that City Attorney Hoffman review what legal
options the City has in capturing the money from the property owners. If there aren’t
any legitimate ways to charge the repairs to the property owners, then the City should
not send out the letters notifying the owners of the repairs and requesting payment.
July 16, 2008 Board of Public Works Committee of the Whole Meeting Minutes Page 3
Budget Meeting Discussion:
Commissioner Tripp requested that the discussion for the budget last at least five (5)
hours. Discussion followed regarding when to schedule the meetings to discuss the
budget for 2009. It was decided that broad information would be delivered at meetings
to be held from 4:00 - 7:00 p.m. on July 23 and July 30, 2008. Due to other
commitments, Commissioner Schlather recused himself from participating in this year’s
budget discussion.
GIAC Basketball Court:
The Board reviewed the sketch of the proposed new court and discussed what changes
to the basketball court area might be feasible to assist in creating more green area and
move the ball courts together.
Commissioner Schlather suggested the removal of the asphalt area, turning it into green
space, and moving the playground to that area.
Supt. Gray suggested eliminating one basketball court and moving the existing court to
the corner of the park so the green space can be made more continuous.
Asst. Supt. Ferrel stated that the suggestions will be delivered to the GIAC Coordinating
Neighborhood Meeting that is scheduled for August 6, 2008.
Cost Waiver for Stewart Park Pavilion for City Employee Recognition Program:
Supt. Gray explained that the Annual Employee Recognition Program is scheduled to
take place at the Large Pavilion at Stewart Park on September 19, 2008. After a short
discussion, the Board agreed to vote on a resolution to approve the cost waiver at its
meeting on August 13, 2008.
Stewart Park Rehabilitation Committee Minutes:
This item was not discussed at this meeting.
Work Items at Start of 2008:
This item was not discussed at this meeting.
ADJOURNMENT
On a motion the meeting adjourned at 7:10 p.m.
Kathy Gehring Carolyn K. Peterson
Executive Assistant Mayor