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HomeMy WebLinkAboutMN-BPW-2008-09-17BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:55 p.m. September 17, 2008 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Chapman, Schlather ,Tripp, Wykstra OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Assistant Superintendent of Water and Sewer – Whitney Acting Director of Planning - Cornish Common Council Liaison – Coles DAC Liaison – Roberts Executive Assistant – Gehring EXCUSED: Deputy City Controller - Andrew Assistant Superintendent of Streets and Facilities - Ferrel Approval of Meeting Minutes of May 2, 2007 – Resolution – Power to Act Moved by Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Minutes of the May 2, 2007 Board of Public Works Committee of the Whole Meeting, be approved as written. Carried Unanimously Approval of Meeting Minutes of August 6, 2008 – Resolution – Power to Act Moved by Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 6, 2008 Board of Public Works Special Meeting, be approved with correction. Carried Unanimously Approval of Meeting Minutes of August 13, 2008 – Resolution – Power to Act Moved by Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 13, 2008, Board of Public Works Voting Meeting, be approved with added explanation. Carried Unanimously Approval of Meeting Minutes of August 20, 2008 – Resolution – Power to Act Moved by Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the Minutes of the August 20, 2008, Board of Public Works Special Meeting be approved as written. Carried Unanimously Mayor’s Communication Mayor Peterson reported that the Martin Luther King Implementation Committee has been meeting regularly to narrow down their work to utilize the 2007 encumbered money this year. An initial proposal for a resolution for dual designation of State Street to honor Rev. Dr. Martin Luther King Jr. was passed unanimously. The committee is also working on installing plaques, artwork or statues in three main areas of the community. Page 2 Board of Public Work Committee of the Whole September 17, 2008 Water Supply Draft Environmental Impact Statement (dEIS) – Power to Act Mayor Peterson invited Steve Eckler, Rick Gell from O’Brien & Gere, and Acting Director of Planning JoAnn Cornish to join the Board to discuss the red lined version of the dEIS. Mayor Peterson asked if the Board had any questions or comments about the red lined version of the dEIS. A brief discussion followed on the floor to clarify several minor technical and grammatical issues. Acting Director Cornish summarized the proposed resolution, noting the dates the Board held the scoping sessions, when the Board adopted the final scoping document, and when the dEIS was submitted to the City. Discussion followed on the floor regarding the acceptance of the dEIS for public input. Acting Director Cornish stated that the length of the public comment period and the date of the public hearing would need to be determined so that information could be placed in the resolution. City Attorney Hoffman stated that the public comment period must be at least 30 days, and could be as many as 70 days long, and must last at least 10 days after the public hearing date. The Board came to a decision that the public comment period would be 60 days in length, to commence on the date of the filing of the Notice of Completeness, which could take place within two weeks of the passing of the resolution. The public hearing date was scheduled for October 22, 2008, from 5:00 to 8:00 p.m. in a location to be announced. Regarding Completeness and Adequacy for Public Review of the Draft Environmental Impact Statement for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant – Resolution By Commissioner Schlather; Seconded by Commissioner Wykstra WHEREAS, the current water source for the City of Ithaca’s water distribution system relies upon the Six Mile Creek watershed and the filtration plant, built in 1903, located on Water Street in the City of Ithaca, and WHEREAS, due to the age of the filtration plant and impending changes in water quality standards, significant upgrades to the plant will be required in the near future, including replacement of the filtration plant, dredging of the upper reservoir and modifications to the intake system, settling lagoons and access routes to the raw water reservoir and pipeline, and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) operates a facility on East Shore Drive which provides drinking water to all or part of five municipalities, using Cayuga Lake as its water source and the SCLIWC and the City of Ithaca have executed a Memorandum of Understanding that indicates the willingness of the SCLIWC to expand its facility to provide water to the City, which includes decommissioning the existing system, purchasing finished water from the SCLIWC, which arrangement would require expansion of the SCLIWC facility and construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing City distribution system, and WHEREAS, the choice between these two options involves broad policy concerns with far reaching implications involving drinking water quality, financial, planning, environmental, land use, energy use, intermunicipal cooperation, and neighborhood quality issues, as well as issues of governance related to pricing, treatment and supply of potable water, and is likely to determine a course of action for the next 50 to 100 years or more, and WHEREAS, both options are Type I Actions subject to environmental review under the provisions of the City Environmental Quality Review Act (CEQRA) Chapter 176 of the City of Ithaca Code as determined in §176-4 B. (1)(h) Any unlisted action (with the exception of minor subdivisions) occurring wholly or partially within 100 feet of any of the following: [2] …Six Mile Creek (including its associated gorge and rim area between Page 3 Board of Public Work Committee of the Whole September 17, 2008 the southern boundary of the City and Aurora Street)…and [3] Unique natural areas as adopted by Common Council; and §176-4 B.(2), Clear-cutting or removal of vegetation from more than ½ acre; and §176-4 B.(5) Any project or action which exceeds 25% of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space …and both options are Type I Actions under the NYSDEC Regulations Part 617, State Environmental Quality Review, (SEQRA) §617.4 (b)(11) any Unlisted action that exceeds a Type I threshold established by an involved agency pursuant to section 617.14 of this part, and WHEREAS, on January 17, 2007, the City of Ithaca Board of Public Works declared its intent to undertake the environmental review of actions resulting from the upgrade or replacement of the City’s current water supply and to act as lead agent for that review, and WHEREAS, the City of Ithaca Board of Public Works directed the Superintendent of Public Works, or his designee, to provide the required notice of the Board’s intention to act as lead agency to all other involved agencies, including the City of Ithaca Common Council, the City of Ithaca Planning and Development Board, the Tompkins County Department of Health, the Southern Cayuga Lake Intermunicipal Water Commission, the New York State Bureau of Water Supply Protection, the New York State Department of Environmental Conservation, the New York State Department of Transportation, the Town of Ithaca, and the Village of Lansing, and WHEREAS, the involved agencies consented or did not reply to such intention within the designitated 30-day time frame as specified under the City of Ithaca Code §176-6 C. (1) Coordinated review, that the City of Ithaca Board of Public Works be designated lead agency for the environmental review for the project to upgrade or replace the city’s water supply system, and WHEREAS, on March 14, 2007, the Board of Public Works, in a vote of 6 in favor, 0 against, declared itself to act as lead agency for the environmental review of actions resulting from the upgrade or replacement of the City of Ithaca’s current water supply, and WHEREAS, on March 28, 2007 the Board of Public Works held a special meeting to review the Full Environmental Assessment Forms Parts I, II, and III, developed by staff, for the two water supply options being considered, and this was the sole item discussed at the regular meeting of the Board of Public Works on April 4, 2007, and WHEREAS, on April 11, 2007, the City of Ithaca Board of Public Works, as lead agency, made a positive Declaration of Environmental Significance directing the consulting firm of O’Brien and Gere, to prepare a Draft Environmental Impact Statement (dEIS) to evaluate potential impacts of the proposed upgrade or replacement of the City’s current water supply, and WHEREAS, on July 26, 2007, the City of Ithaca Board of Public Works held both an Agency Scoping Session and a Public Scoping Session to identify issues to be analyzed in the Environmental Impact Statement and, WHEREAS, on October 3, 2007, the City of Ithaca Board of Public Works adopted a final scoping document, and WHEREAS, on July 15, 2008, O’Brien and Gere submitted a preliminary dEIS to the City of Ithaca Board of Public Works, which has examined possible environmental impacts, and which dEIS was finalized as of September 17, 2008, and WHEREAS, the City of Ithaca Board of Public Works, as Lead Agency for the purpose of environmental review, has reviewed the dEIS for completeness and adequacy for the purpose of public review and comment, and has with the assistance of City Staff and the City’s consultants, O’Brien and Gere, found the dEIS to be satisfactory with respect to its scope, content, and adequacy, now therefore be it Page 4 Board of Public Work Committee of the Whole September 17, 2008 RESOLVED, That the City of Ithaca Board of Public Works, as Lead Agency, does on September 17, 2008, find that the dEIS for the for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant (dated September 17, 2008) is satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review, and be it further RESOLVED, That the period for public comment on the dEIS be 60 days, commencing on the date of the filing of the Notice of Completeness as described below, and be it further RESOLVED, That a public hearing on the dEIS be scheduled by the Board of Public Works for three hours on October 22, 2008, beginning at 5:00 p.m. to obtain comments from the public on potential environmental impacts of the proposed action as evaluated in the dEIS, and be it further RESOLVED, That the City of Ithaca Board of Public Works hereby directs the City of Ithaca Staff to take those steps, including filing a Notice of Completeness of the dEIS and Notice of SEQR Hearing as required under 6 NYCRR Parts 617.10 and 617.21 and distributing the dEIS to all involved agencies and the public, as may be necessary or appropriate to commence public review of the dEIS. Carried Unanimously Commissioner Jenkins arrived at 5:38 p.m. Basketball Court Installation at Conway Park – Power to Act Mayor Peterson stated that she had received multiple e-mails and correspondence from members of the public regarding the basketball court issue. This correspondence was copied and distributed to the Board members for their information. Acting Director Cornish distributed an updated and finalized Environmental Assessment Form Part I to the Board members. She discussed the changes and corrections that were made from the form that was distributed prior to the meeting and explained the need for those changes. She explained that the vote at this meeting was to determine this Board’s intent to be lead agency or the waiver of lead agency status so the Planning Board could become lead agency of this project. Director of GIAC Marcia Fort continued the discussion of the Board becoming lead agency and questioned whether the same end date would be reached with regard to a final decision of where to place the basketball court if the Board of Public Works or the Planning Board were lead agency. Discussion followed on the floor regarding this issue without a conclusive answer being determined. Commissioner Schlather questioned whether NYSEG would consider building a temporary basketball court to be used while they are rehabilitating the contaminated court and then return Conway Park back to green area after the court’s use is complete. City Attorney Hoffman stated that he spoke with Mr. Burt Finch from NYSEG, who stated that they are not interested in building a temporary situation. NYSEG did state they would be willing to cover the costs of renting a court during the construction period of 18 to 24 months, however, there is not a court available for rent. The Board agreed to amend the resolution to state that the project would consist “of the construction of a temporary new regulation size basketball court…” Extensive discussion followed on the floor about the use of other facilities and the possibilities of providing transportation to residents to other locations in the city during the construction period. Superintendent Gray stated that it was his understanding that the population that is currently served by the basketball league is located around and somewhat north of GIAC, so the use of facilities as far away as Wood Street would not benefit the residents and players that enjoy the league. Page 5 Board of Public Work Committee of the Whole September 17, 2008 The Board continued on to discuss the initial plan of using Conway Park. Director Fort stated that the following steps have been discussed and GIAC is prepared to undertake these practices to ensure the community is inconvenienced as little as possible: 1. There is a plan of using the parking lots of local businesses to reduce the use of street parking. 2. Bleachers will be removed from the park after each league season. 3. Trash will be removed after each game. 4. Use of sound-proof (quiet) backboards to keep the noise levels down during games. 5. Installation of lights that shine directly on the court and not out into the park or the streets/residences. These lights would be turned off promptly at the close of the park, which is 10:00 p.m., every night during the league season. 6. The creation of a community committee to monitor the use of the court and the park. This committee would make suggestions on ways to improve relations and ensure the community is not caused undue burden from the use of the basketball court. Director Fort stated that GIAC is not opposed to a temporary court. On the contrary, GIAC would like to work with the residents of the northside community to make this happen, and GIAC is not the enemy. They would just like to have a place to run their basketball leagues while their original basketball court is being rehabilitated. Commissioner Chapman mentioned that many residents near and around Conway Park took the time to write and speak to keep the park the way it is. The park is a mere 265 feet long; the court will take up 200 feet. There are 59 houses within 200 feet of the park; many of them have multiple residences, and most homes are without a yard. He thinks there may be other locations that the Board can look at to place the basketball court rather than Conway Park. Alderperson Coles mentioned that most of the concerns that the neighborhood and residents are complaining that the basketball court would cause are occurring now without the basketball court being in the park. Construction of a regulation sized basketball court in the City of Ithaca Conway Park – Resolution By Commissioner Schlather, Seconded by Commissioner Wykstra WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed project consists of the construction of a temporary new regulation size basketball court with stone dust accessible walkways, lighting, fencing, landscaping, and seating in Conway Park, located between Madison, Fourth, and Cascadilla Streets in the City of Ithaca, and WHEREAS, the proposed project is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and an Unlisted Action under the New York State Environmental Quality Review Act (“SEQURA”), which requires review under the City’s Environmental Quality Review Ordinance, now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works, by way of this resolution, is declaring its intent to act as Lead Agency in Environmental Review for the proposed basketball court in the City of Ithaca Conway Park. Page 6 Board of Public Work Committee of the Whole September 17, 2008 A Vote of the Resolution resulted as follows: Ayes (4) Schlather, Wykstra, Jenkins, Peterson Nays (2) Tripp, Chapman Carried (4-2) Verizon Cell Tower @ Streets & Facilities – Discussion – 20 minutes This item was not discussed. Power to Act – Request for Encroachment Agreement at 232 S. Albany St. – Resolution By Commissioner Tripp; Seconded by Commissioner Wykstra. WHEREAS, the law office of Jeff Coleman, representing the seller (Vincent T. Franciamone) in a pending sale of the property at 232 S. Albany Street (Tax Map Parcel No. 80-6-6), in the City of Ithaca, has requested an encroachment agreement/license for an existing, wooden, roofed porch (across the entire front of the house) which extends into the City right-of-way for South Albany Street by approximately four inches (not including any roof overhang), for its full width, as shown on the survey map prepared by T. G. Miller, PC, dated August 21, 2008, and WHEREAS, it appears that the porch in question has been in existence in its current location for many years, and is approximately 18 inches clear (to the west) of the existing public sidewalk on the west side of South Albany Street, and WHEREAS, the Superintendent has reviewed the request and does not anticipate any conflicts due to the existing encroachment at this location, in the near future, now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to sign a revocable encroachment agreement/license for the existing porch at 232 South Albany Street, containing the usual terms and conditions, and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per the City’s current practice with regard to such agreements for existing, minor encroachments associated with residential properties, but that the agreement shall specify that at any time in the future it may become subject to new license/use fees or other requirements established by the Board as the result of its review of encroachments and license agreements, which review is anticipated to be completed in 2008. Carried Unanimously Superintendent and Staff Report Superintendent Gray stated that bids for the Green Street Restoration Project are coming into the city and the Engineer’s office would like to call a special meeting of the Board to award the contract so work on this project can begin as quickly as possible. The Board agreed and the special meeting was scheduled for September 24, 2008, at 6:00 p.m. in Common Council Chambers. Adjournment On a motion, the meeting adjourned at 7:11 p.m. __________________________ _________________________ Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor