HomeMy WebLinkAboutMN-BPW-2008-10-08BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:59 p.m. October 8, 2008
PRESENT:
Mayor Peterson
Commissioners (4) - Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Common Council Liaison – Coles
DAC Liaison – Roberts
Executive Assistant – Gehring
EXCUSED:
Commissioner Jenkins
Assistant Superintendent of Water and Sewer – Whitney
1. PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
2. APPROVAL OF MINUTES:
2.1 Approval of the Minutes of the September 2, 2008 Board of Public Works
Special Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the September 2, 2008, Board of Public Works
Special Meeting be approved as amended.
Carried (5-0)
2.2 Approval of the Minutes of the September 3, 2008 Board of Public Works
Committee of the Whole Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the September 3, 2008, Board of Public Works
Committee of the Whole Meeting be approved as published.
Carried (5-0)
Commissioner Schlather stated that due to time constraints, he was not able to read all
of the minutes that were available for approval and suggested that the Board give
themselves Power to Act for the next meeting in order to approve the minutes.
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board of Public Works awards itself Power to Act for its meeting
to be held on October 15, 2008, to review and approve the following meeting minutes:
2.3 September 10, 2008, Board of Public Works Voting Meeting Minutes –
Resolution
2.4 September 17, 2008, Board of Public Works Committee of the Whole Meeting
Minutes – Resolution
2.5 Approval of the Minutes of the September 24, 2008, Board of Public Works
Special Meeting Minutes – Resolution
2.6 May 9, 2007, Board of Public Works Voting Meeting Minutes – Resolution
Carried (5-0)
Board of Public Works October 8, 2008 Page 2
3. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested that Item12.1, Budgetary Discussion, be added to the
agenda.
No board member objected.
Mayor Peterson also stated that prior to Item 7.2, City Attorney Hoffman has requested
that the Board adjourn into an executive session to discuss the confidential
memorandum that was distributed to the Board by Attorney Hoffman prior to the
beginning of the meeting.
No board member objected.
4. MAYOR'S COMMUNICATIONS:
Mayor Peterson stated that the next Community and Organizational Issues (C&OI)
Committee meeting is scheduled for Tuesday, October 21, 2008, at 7:30 p.m., which is
the day prior to the scheduled public hearing regarding the water source draft
Environmental Impact Statement (dEIS). The meeting on October 21, 2008, would be a
good date to have a public information session about the dEIS.
Discussion followed on the floor wherein Commissioner Schlather suggested that if the
information session is added to the agenda of the C&OI Committee meeting, that the
meeting begin earlier in the evening and the dEIS be placed early in the agenda. Mayor
Peterson stated that Chairperson Clairborne would need to make those decisions but
he would be asked.
5. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
M.D. Morris, State Street, addressed the Board on the issue of dual designation of State
Street and Martin Luther King Jr. Street. He suggested that instead of the dual
designation, the Tompkins County Public Library should be re-named “Dr. Martin Luther
King Jr. Library.” He noted that even though Dr. King was a reverend, he was an
educator at heart.
Atif Chaudhry, Cascadilla Street, addressed the Board regarding the basketball court at
Conway Park. Mr. Chaudhry distributed a statement to the Board members prior to the
beginning of the meeting stating that the park is too small for the basketball court. He
stated that this issue has caused many hurt feelings and anger between the community
and city elected officials. He asked the Board to find a better solution than to put the
basketball court at Conway Park.
Joel Harlan, Newfield, addressed the Board to voice his support for the dual designation
of State Street. He stated that the best time to celebrate the naming of the street would
be the upcoming birthday celebration of Dr. Martin Luther King Jr. hosted by GIAC.
Frost Travis, Town of Ithaca, addressed the Board regarding the dual designation of
State Street as Dr. Martin Luther King Jr. Street. He stated that he supports the dual
designation but has some concerns about the potential of the Commons undergoing an
identity change to Martin Luther King Jr. Plaza, which he does not think is a good idea.
Mr. Travis asked the Board to consider renaming a prominent public building, in addition
to the dual designation of State Street, to honor Dr. Martin Luther King Jr.
Fay Gougakis, State Street, distributed a written statement to the Board in opposition to
the dual designation of State Street. She stated that the public was given very little time
to discuss the issue and it is inappropriate not to have a public hearing on the matter.
Ms. Gougakis urged the Board to give the public more time to discuss the change and a
public hearing to let the public voice their concerns.
Joyce Catalfano addressed the Board to urge the city to have a public hearing regarding
the dual designation of State Street and Dr. Martin Luther King Jr. Street.
Gino Bush also addressed the Board regarding the dual designation of State Street to
explain that racism had not played any part in the decision to honor Dr. Martin Luther
Board of Public Works October 8, 2008 Page 3
King Jr. in any way. He also stated that opposition has come about only at the end of
the process of the dual designation. Discussion has been occurring for several years
regarding this modification.
6. RESPONSE TO THE PUBLIC
Mayor Peterson stated that in addition to the dual designation of State Street, there are
many other projects being considered throughout the city to honor Dr. Martin Luther
King Jr. along with other prominent historical figures. The dual designation is simply the
first step.
Commissioner Schlather mentioned that he is grateful to the public for speaking tonight,
however, the subject of Conway Park is not on tonight’s agenda. He mentioned that
due to Yom Kippur, many from the Jewish community could not attend and suggested
that the discussion of the dual designation of State Street be moved to next week. The
Board members agreed.
Alderperson Coles stated that the idea of honoring Dr. King was brought to the attention
of the Board of Public Works mostly by young people who care about who they can
model after. She went on to state that someone did some research and found out that
only three streets in the city were named after women and only one street was named in
honor of an African-American.
Commissioner Wykstra stated that he appreciates the public for coming before the
board, even if he does not have a direct response at this time.
7. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
7.1 Encroachment Agreement at 710 Stewart Ave. – Resolution
Commissioner Schlather recused himself due to conflict of interest issues.
City Attorney Hoffman explained that a set of stairs encroach into Stewart Avenue by a
couple of feet. Mayor Peterson stated that she thinks this is an area of the city that has
the worst sidewalk. She would like to see the sidewalk repaired. Attorney Hoffman
stated that the closing on the property has already taken place so there is a new owner
who may be more willing to maintain the sidewalk than the previous owners.
Resolution
By Commissioner Wykstra: Seconded by Commissioner Tripp
WHEREAS, the law office of Schlather, Geldenhuys, Stumbar & Salk, representing the
seller (Bia Stavropoulos) in a recent sale of the property at 710 Stewart Avenue, in the
City of Ithaca, in order to satisfy an escrow provision of such sale, has requested an
encroachment agreement/license (for the benefit of the buyer, Moll Properties) for an
existing set of concrete steps which appears to extend a maximum distance of
approximately two and one-half feet into the City right-of-way for Stewart Avenue
(where it intersects with Willard Way – a/k/a Willard Avenue), the steps being
approximately six feet in width, as shown on the survey map prepared by T. G. Miller, P.
C., originally dated November 5, 2002, as updated on July 2, 2008, and
WHEREAS, it appears that the steps in question have been in existence in their current
location for decades, and are clear (to the west) of the public sidewalk on the westerly
side of Stewart Avenue, 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 steps at 710 Stewart Avenue, 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
Board of Public Works October 8, 2008 Page 4
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.
Ayes (4) – Wykstra, Tripp, Chapman, Peterson
Nays (0)
Recusal (1) – Schlather
CARRIED (4-0-1)
Discussion followed on the floor regarding the terms and conditions of the
Encroachment Agreement. It was decided that the agreement will accompany the
resolution for future requests when they are brought before the Board.
Motion to Enter Into Executive Session:
By Commissioner Tripp: Seconded by Commissioner Chapman
RESOLVED, The Board adjourned into an Executive Session to discuss the proposed
lease of property. Commissioner Schlather recused himself from participating in this
session, and from discussion/participation with respect to item 7.2.
Ayes (4) – Wykstra, Tripp, Chapman, Peterson
Nays (0)
Recusal (1) – Schlather
CARRIED (4-0-1)
Board returned to regular session at 6:35 p.m. No action was taken.
7.2 Proposed Lease of “Steamboat Landing” Site to Ithaca Urban Renewal
Agency - Consent to Lead Agency Designation - Resolution
By Commissioner Wykstra: Seconded by Commissioner Tripp
WHEREAS, Common Council has indicated its intention to act as lead agency for the
environmental review of a proposal to lease the so-called Steamboat Landing site (now
occupied by the Ithaca Farmers Market Cooperative, Inc., pursuant to a 20-year lease
that expires on December 31, 2008) to the Ithaca Urban Renewal Agency, for eventual
sublease to an eligible and qualified sponsor of a producer-to-consumer market of
locally-produced goods and incubator of related local businesses; and
WHEREAS, the Board of Public Works, due to its oversight role with regard to City-
owned land and City sewer services, may be an involved agency for the purposes of
environmental review of this action; and
WHEREAS, the work of leasing the Steamboat Landing site and encouraging
appropriate economic development activities has, in the past and to date, been carried
out primarily by Common Council, which has exclusive authority to sell or lease City-
owned land; and
WHEREAS, the Board of Public Works nevertheless has an interest in the future use of
the site because of its proximity to the Ithaca Area Wastewater Treatment Plant, in
which the City of Ithaca is a partner, and the fact that the outfall pipeline for that plant
crosses under the Steamboat Landing site; and
WHEREAS, the proposed action assumes that any lease or sublease of the Steamboat
Landing site will be subject to continued City control over the wastewater outfall line, as
well as the City’s right to construct and maintain the proposed Cayuga Waterfront Trail
through the site, will allow for early termination or modification of any such lease or
sublease in the event that any of the leased premises is needed in the future for other
wastewater treatment plant purposes, and will require prior approval by the IURA of any
new construction on the site (that needs a building permit); now therefore be it
Board of Public Works October 8, 2008 Page 5
RESOLVED, that the Board of Public Works hereby consents to the designation of
Common Council as lead agency for the environmental review of the proposed lease of
the Steamboat Landing site to the Ithaca Urban Renewal Agency, for eventual sublease
to an eligible and qualified sponsor of a producer-to-consumer market of locally-
produced goods and incubator for related local businesses (subject to the provisions
referred to in the preceding paragraph); and be it further
RESOLVED, that the Board hereby affirms its interest, as an involved agency and as
overseer of the City’s sewer services and other public works, in reviewing the terms of
any proposed lease or sublease, and in reserving its right to comment on the same, with
regard to public works concerns.
Ayes (4) – Wykstra, Tripp, Chapman, Peterson
Nays (0)
Recusal (1) – Schlather
CARRIED (4-0-1)
8. HIGHWAYS, STREETS, AND SIDEWALKS:
8.1 M.L.K., Jr. Freedom Walk Implementation Committee – Report & Discussion
Leslie Chatterton, Senior Planner, joined the Board upon request of the Mayor. Mayor
Peterson stated that there was $20,000 set aside in 2007 to be used in 2008 for the
Freedom Walk project. The dual designation of State Street is not the final work of the
committee.
Commissioner Schlather stated that there is great attendance at the committee
meetings and good ideas of suitable ways to honor Dr. Martin Luther King Jr. Dual
designation is only the first step. Hopefully the next step will be a “Freedom Walk”
which will tie in different areas of the city to celebrate the diversity of this city. He went
on to state that there are many cities in the country (i.e. New York City, Houston) that
have dual designated areas and it has proven to work well. The residents and
businesses will have a choice of what street name they want to use.
Commissioner Schlather suggested that the Board not act within the week, however,
due to Yom Kippur and due to the short notice. He stated that the topic should be on
the November 5, 2008, board meeting agenda and the board should plan to act no
earlier than November 12, 2008.
Commissioner Chapman agreed with Commissioner Schlather, stating that the public
needed more time to speak at the board meetings, including the Committee of the
Whole meetings, due to the time constraints. The Board agreed to allow the public to
speak at the next two Committee of the Whole Meetings for a short period of time, and
then the Board will act on November 12, 2008, at the regular board meeting.
9. PARKING AND TRAFFIC:
9.1 Proposed Resolution – Reducing Large Truck Traffic
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp.
WHEREAS, the Board of Public Works feels that it is at special risk from the problems
associated with unnecessary heavy trucks on city streets because of the topography of
steep streets, the concentration of traffic due to the lake, the high percentage of daily
pedestrian and bicycle commuters, and the age of the city’s infrastructure which share
those streets, and
WHEREAS, the Board understands the dependence of the local economy on trucks to
move goods to and products from our “centrally isolated” community, as well as the
state’s obligations to intra- and interstate commerce, and
WHEREAS, the Board appreciates the efforts of its local representatives, working with
NYSDOT staff to collect the necessary data and undertake literature reviews which
resulted in the current proposals for traffic calming and a draft regulation designed to
Board of Public Works October 8, 2008 Page 6
divert or contain large trucks at the highest level of a three tier hierarchy of state
highways as part of a broad-based approach to improve safety and reduce local truck
impacts, and
WHEREAS, the Board of Public Works passed its initial resolution on Waste Hauler
Trucks on February 21, 2007 (copy attached) which Common Council then augmented
with Senator Charles Schumer’s “Three-Point Plan” and passed at their meeting on
March 7, 2007, now therefore be it
RESOLVED, That the Board of Public Works supports the proposed legislation to
develop a hierarchy of highways for use by large trucks with special attention given to
implementation and enforcement provisions to insure that the legislation will meet its
intended goals, and be it further
RESOLVED, That the Board directs staff to work with NYSDOT on the elements of its
broad-based approach to this problem, especially the legislature establishing three tiers
of highway types for tractor trailers and the traffic calming along the affected routes.
CARRIED UNANIMOUSLY (5-0)
Commissioner Schlather stated that the information provided regarding the truck traffic
issues was very well laid out.
Mayor Peterson noted that Ithaca was rated number one in the nation as the city with
the highest amount of people biking/walking to/from work according to an AARP article.
She stated that was a great honor and that was what we are striving for.
Superintendent Gray noted that there are several surveys that have statistics available
indicating the number of large trucks that travel through and around the city each day.
10. CREEKS, BRIDGES, AND PARKS:
No items submitted.
11. WATER AND SEWER:
No items submitted.
12. ADMINISTRATION AND COMMUNICATIONS:
12.1 Budgetary Discussion
Mayor Peterson stated that this item will be placed on the agenda as a discussion item
at the meeting on October 15, 2008. The Board will need to discuss parking rates, trash
tag rates, etc.
13. REPORTS:
13.1 Superintendent and Staff
Assistant Superintendent of Streets & Facilities’ Report –
The first frost has occurred, which means that the construction season will be wrapping
up soon. The crews have been very productive this year, however, there are still a
couple of bridges that are showing signs of needing work soon.
The parking lot on Inlet Island has been blocked off so it can be returned to green
space, according to Dept. of Environmental Conservation rules. The Seacord lot
demolition will be completed as an in-house job as the bids received were very high.
Asst. Supt. Ferrel stated that the 300 block of East State Street (the brick section) will
be a very expensive project for next year. Discussion followed on the floor regarding
the reason for using the brick rather than changing to asphalt. Commissioner Schlather
requested that the topic of the re-use of brick vs. asphalt and the cost differences be an
agenda item in the near future.
14. ADJOURNMENT
Board of Public Works October 8, 2008 Page 7
On a motion the meeting adjourned at 7:10 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor