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HomeMy WebLinkAboutMN-BPW-2011-03-16BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:52 p.m. March 16, 2011 PRESENT: Mayor Peterson Commissioners (5) – Acharya, Goldsmith, Jenkins, Warden, Wykstra OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Common Council Liaison – Zumoff Executive Assistant – Gehring EXCUSED: DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray noted the proposed resolution that was distributed for item 8.2, entitled “Traffic Maintenance Agreement with Wide Waters.” MAYOR’S COMMUNICATIONS: Snow Storm Response – Discussion Mayor Peterson explained that a conversation with DAC Liaison Larry Roberts brought this topic to her attention. She said the concerns related specifically to snow trucks plowing snow back on to the curb ramps after they have been shoveled by the property owner. Asst. Supt. Benjamin responded that snow plows cannot get close enough to the curb to remove snow from the curb ramps. He explained that the ramps do not get cleaned at the same time the street is plowed due to the lack of staff. Mayor Peterson reported that City Clerk Julie Holcomb wanted to express a huge “Thank You” to Asst. Supt. Benjamin for providing constant updates to the Clerk’s Office, Common Council, Police and Fire Departments about the status of the creeks during recent weather difficulties. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Tom Clavel addressed the Board regarding traffic lights in downtown. He spends 5-10 minutes per hour waiting at traffic signals while driving through the city, and asked if the traffic signal timing could be improved to allow for better traffic flow. RESPONSE TO THE PUBLIC: Commissioner Acharya expressed his agreement with comments made Mr. Clavel regarding the timing of traffic signals downtown. He said it is very tempting for pedestrians and cyclists to cross intersections without waiting for the light, which could become very dangerous for them. Supt. Gray responded that he would invite Traffic Engineer Tim Logue to attend a Board meeting to address traffic signal timing questions. He explained that the City has 24 traffic signals, and the State owns an additional 30 signals in the City. He further stated that a capital project to upgrade our traffic signals will begin in the near future. REPORTS: Board Liaisons: Commissioner Wykstra, Natural Areas Commission Liaison, reported on the recent meeting, stating that trail improvement has been the topic of discussion at recent meetings. Discussion followed on the floor regarding obtaining volunteers to clear hiking trails in the natural areas. Board of Public Works Page 2 March 16, 2011 Regular Meeting Superintendent and Staff: Asst. Supt. Whitney reported that the Water and Sewer crews recently repaired the 16th water main break of the season on Park Road. APPROVAL OF MINUTES: Approval of the Minutes of the November 10, 2010, January 26, 2011, and February 16, 2011, Board of Public Works Meetings – Resolution By Commissioner Wykstra: Seconded by Commissioner Jenkins RESOLVED, That the Minutes of the November 10, 2010, January 26, 2011, and February 16, 2011, Board of Public Works Meetings be approved as corrected. A Vote on the Resolution Resulted as Follows: Ayes (5) Peterson, Jenkins, Warden, Wykstra, Goldsmith Nayes (0) Abstentions (1) Acharya Carried BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Request for Awning at 215 Dryden Road – Resolution By Commissioner Acharya: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has received a request to allow an awning for a business at 215 Dryden Road, which proposed awning would encroach upon the City’s right-of-way for Dryden Road (above the public sidewalk), and WHEREAS, awnings that encroach into City-owned air space are permitted under Section 170-13.B of the City’s Municipal Code, but, under Section 170-5.F, require a revocable license for such encroachment, from the Board of Public Works, as well as approval of the structure itself by the Building Commissioner, and WHEREAS, the Superintendent has determined that the proposed encroachment does not interfere with the City’s current use of the Dryden Road right-of-way, and will not pose a danger to public use of the sidewalk, provided that the awning meets all requirements of the Building Commissioner and is properly maintained, and that all components of the awning are at least seven (7) feet above the surface of the sidewalk, and WHEREAS, as proposed, the awning will project almost three (3) feet into the public air space, and will be ten (10) feet in width, thus occupying an area within the City right-of- way of slightly less than thirty (30) square feet , and WHEREAS, the 2011-12 schedule of fees for use of City-owned property requires an initial application fee of $200 for new licenses, but stipulates that the annual use fee shall be waived for “minor” encroachments (defined as “less than 40 square feet and not a mobile vending cart”), now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an awning encroachment at 215 Dryden Road, as proposed, contingent upon approval of the awning structure by the Building Commissioner and upon the execution of a license/agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent, Building Commissioner and City Attorney, is hereby authorized to execute a license/agreement allowing said encroachment, revocable upon 90 days’ written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City’s Municipal Code. Carried Unanimously Board of Public Works Page 3 March 16, 2011 Regular Meeting HIGHWAYS, STREETS, AND SIDEWALKS: Authorization of Permit/Agreement Regarding Installation and Maintenance of Traffic Control Signal on Elmira Road, at Home Depot Site – Resolution By Commissioner Wykstra: Seconded by Commissioner Goldsmith WHEREAS, when the site on Elmira Road/Route 13/34/96, owned by Widewaters Route 13 II Company, LLC (“Widewaters”), was developed for the Home Depot store, a traffic signal was installed at the intersection of Elmira Road and the driveway for the site; and WHEREAS, as part of the site plan approval for the property, and/or other approvals granted by the City, Widewaters was required to install and maintain a traffic signal at that intersection; and WHEREAS, Elmira Road is owned by the City of Ithaca, notwithstanding its designation as a State-numbered route; and WHEREAS, the City now wishes to enter into a contractual agreement with Widewaters, for continued operation and maintenance of the traffic signal at this location, in a form that resembles the agreements that New York State requires for traffic signals placed on the roads it owns, for the benefit of adjacent properties; and WHEREAS, counsel for Widewaters has indicated that the company is agreeable to such an arrangement; now therefore be it RESOLVED, That the Mayor, upon consultation with the Superintendent of Public Works and the City Attorney, be and hereby is authorized to execute a permit/agreement with Widewaters Route 13 II Company, LLC, modeled generally upon New York State’s permit for such installations and which includes the terms outlined below: 1. Widewaters to maintain a traffic signal, which meets the City, State and Federal standards, at the intersection. Signal will be activated by detector devices associated with north and south travel lanes on Elmira Road and with the driveways on either side of Elmira Road, at the intersection. Signal will be interconnected to signal at intersection of Elmira Road and Spencer Road. Widewaters is responsible for securing any necessary permission from neighboring property owners, for such interconnection or detectors. 2. Any future work on the signal by Widewaters to be performed under City supervision, and to require a street permit from the City, which permit will require the City to be named as additional insured on Widewaters’ liability insurance policy. 3. All costs of installation, replacement, and major repair (in excess of $500) of signal to be borne by Widewaters. 4. Widewaters to maintain liability insurance coverage of at least $1 million, and to indemnify and hold harmless the City. 5. City to provide regular, non-major maintenance of signal. 6. Widewaters to pay for electrical or other energy costs associated with signal. 7. Widewaters to pay annual fee to City – initially $1,200, subject to revision in future years to reflect City’s normal maintenance costs. 8. City can terminate permit for any reason, on at least 30 days written notice, or for cause on at least 10 days written notice. 9. Permit cannot be transferred or assigned without City’s consent. 10. Term of permit is 15 years. City Attorney Hoffman arrived at 5:18 p.m. Supt. Gray explained the request for this agreement and stated that this is a commercial signal and the State encourages the City to enter into a maintenance agreement. Alderperson Zumoff arrived at 5:23 p.m. Board of Public Works Page 4 March 16, 2011 Regular Meeting Discussion followed on the floor regarding how the state obtained their maintenance fee per signal, the number of days required for written notice to terminate the agreement, and the number of years the agreement should last. A Vote on the Resolution Resulted as Follows: Carried Unanimously CREEKS, BRIDGES, AND PARKS: Motion to Remove Resolution from Table: By Commissioner Acharya: Seconded by Commissioner Jenkins RESOLVED, That the Fees for Use of City Real Property – Boat Slips at Newman Golf Course Resolution be removed from the table for further discussion. Carried Unanimously City Attorney Hoffman explained the two versions of the proposed resolutions in the agenda. He understood that the Board was looking at a 2 step process. Fees for Use of City Real Property – Boat Slips at Newman Golf Course – Draft Resolution WHEREAS, in the mid-1980s, the City granted revocable licenses to private businesses, which allowed them to construct and use moorings for floating docks on City-owned land adjacent to the Newman Golf Course, along the east bank of the Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and associated parking and storage space, on adjacent City land) to others, at market rates, and WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until the present, with the annual license fees having been set according to a formula created by the City many years ago, and WHEREAS, in the course of investigating the potential use of the City’s Newman Golf Course for deposit of dredge spoils, the City received a legal opinion from special counsel which concludes that, in light of the circumstances of the City’s acquisition of the golf course lands (which extend from Fall Creek to the Cayuga Inlet on the west) and the City’s treatment of those lands over the past 75 years or more, “it is very likely that a court would find sufficient evidence of [its] implied dedication [as parkland],” and WHEREAS, the Common Council has not yet considered whether it will accept and affirm this legal opinion, and conform its future treatment of the property with all the conditions and legal requirements applicable to public parkland, and WHEREAS, in the absence of such a determination by Common Council, or direction to the contrary, the Board must assume that it can and should continue to maintain the type of licensing arrangement it has had for over 25 years, at least for the coming boating season, as to do otherwise (for 2011) at this late date would impose an unreasonable economic hardship upon the licensees, who have already made 2011 rental arrangements for the slips in question, with their customers, and WHEREAS, in response to instruction from New York State auditors, that the City obtain fair rental value for use of its land by others, Common Council revised Chapter 170 of the City of Ithaca Municipal Code entitled “Use of City Real Property”, so as to require that fees for such use be based on fair rental value as determined with the assistance of a professional appraisal, and WHEREAS, said appraisal, completed for the City in the winter of 2010/2011, recommended a license fee of $350 per slip, per season, for the boat slips on Pier Road, which rate was incorporated by the Board into its 2011-12 schedule of fees for the use of City land (adopted on December 22, 2010), and WHEREAS, the Superintendent has notified the current licensees of the possible, future change in arrangements, if the Common Council affirms the status of the land as parkland, now therefore be it Board of Public Works Page 5 March 16, 2011 Regular Meeting RESOLVED, That the Superintendent shall offer to the current licensees of the Pier Road dock slips the opportunity to enter into new licenses for the 2011 boating season, which licenses shall be consistent with the terms and conditions stipulated by Chapter 170 of the City of Ithaca Municipal Code, and which shall reflect the fees recently established by the Board for “Boat Slips,” as well as the recapture the County and School District property taxes now being assessed (on the basis of “non-public” use) for the land in question, and be it further RESOLVED, That staff is directed to prepare a briefing for the Board, to be presented at or before the Board’s meeting on April 27, 2011, regarding the above-referenced legal opinion and the potential implications of parkland status, so that the Board of Public Works may make a recommendation to Common Council as to whether the Council should affirm parkland status, or pursue a different course. Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Acharya RESOLVED, That a ninth Whereas Clause be added to the resolution that reads as follows: “WHEREAS, in light of the lateness of City’s decision-making and notification of the affected licensees, relative to the timing of their leasing of boat slips to their customers, for the 2011 season, and the substantial increase in fees for this category – which, if the full, $350/slip rate were applied, along with the pass-through of County and School District taxes (for the first time), would represent a total, one-year increase of approximately 278% ($7,346.28) and 730% ($5,224.16), respectively, for these two licensees - it is reasonable in this case to phase in the base fee increase, over a two- year period, and thus to apply a base rate of $220 per slip for the 2011 season for this particular category (with the understanding that the regular, full rate for the “Boat Slips” category will be applied in 2012, if the licenses are renewed); now therefore be it” And be it further RESOLVED, That the first Resolved Clause be amended to read as follows: “RESOLVED, That the Superintendent shall offer to the current licensees of the Pier Road dock slips the opportunity to enter into new licenses for the 2011 boating season, which licenses shall be consistent with the terms and conditions stipulated by Chapter 170 of the City of Ithaca Municipal Code, and which shall reflect a base use fee of $220 per slip (plus 10%, as applied to all categories), for 2011, as well as the full recapture of County and School District property taxes now being assessed (on the basis of “non- public” use) for the land in question, and be it further” Amending Resolution By Commissioner Wykstra: Seconded by Commissioner Warden RESOLVED, That the Amended Resolved Clause be amended further to change the base use fee for the first year from $220 to $200 per slip. Carried Unanimously Amending Resolution As Amended: A Vote on the Amending Resolution as Amended Resulted as Follows: Carried Unanimoulsy Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as Follows: Carried Unanimously DISCUSSION ITEMS Bridge Means Restrictions – Presentation Cornell University representatives Tim Marchell, PhD, Director of Mental Health Initiatives, and Gilbert Delgado, University Architect, provided a presentation to the Board about the pre-schematic designs being proposed. Dr. Marchell began the presentation by explaining Cornell’s Mental Health Framework, which includes Restricting Access to Means of Suicide. Mr. Delgado continued the presentation with an overview of the design process for bridge means restriction. He further explained the three pre-schematic options that were Board of Public Works Page 6 March 16, 2011 Regular Meeting recommended for the bridges: vertical bars, glass wall, and a wire mesh net system. He described each bridge that is being considered for means restriction and described the individual recommendations. Discussion followed on the floor regarding timelines, the next steps that would take place, maintenance of the mesh nets to keep them clean, and costs related to means restrictions for city-owned bridges. Mr. Delgado stated that the preliminary cost estimates are $6-8 million for installation of the means restrictions on all six bridges. Further discussion followed on the floor regarding providing additional funds to Gannett Mental Health Services to increase services provided to students. Dr. Marchell stated that Cornell would be contributing an additional $1 million over the next year to mental health services. Possible Removal of the Wood Street and South Street Traffic Diverters – Discussion on Additional Data Desired Supt Gray stated that staff need direction from the Board before moving forward with this issue, and suggested that staff provide an engineer’s recommendation if the Board could not provide further direction. Discussion followed on the floor regarding several options that staff could implement in the area after the diverters are removed, including installing speed tables, devoting a street to bicycles only, and installation of stop signs at the intersections. Commissioner Wykstra requested a recommendation from Traffic Engineer Tim Logue for the Board to consider. ADMINISTRATION AND COMMUNICATIONS: Commissioners Wykstra and Jenkins expressed their desire to discuss gardens that are planted between the curb and the sidewalk in the near future. Commissioner Warden thanked the Board for their support to him during this difficult time with the recent passing of his daughter. ADJOURNMENT: On a motion the meeting adjourned at 6:41 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor