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