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HomeMy WebLinkAboutMN-BPW-2011-07-20BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. July 20, 2011 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Wykstra, Morache, Goldsmith, Acharya OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Benjamin Common Council Liaison – Zumoff Information Management Specialist - Myers Planning and Development Director – Cornish EXCUSED: Commissioner Warden Assistant Superintendent of Water and Sewer – Whitney DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested the deletion of item 9.2 entitled “Proposed Fall Creek Stream Corridor Project – Possible Resolution” from the agenda. No Board Member objected. Commissioner Wykstra requested the addition of a discussion regarding the golf course and suggestions that have been made by the Friends of Newman Golf Course regarding prorated rates and incentives to encourage use of the course. No Board Member objected. MAYOR’S COMMUNICATIONS: Mayor Peterson reported that members of the Public Works Governance Working Group would be providing an update/report of that committee’s work at the July 27, 2011 Board of Public Works Meeting. Commissioner Goldsmith arrived at 5:00 p.m. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Holly Hollingsworth, Town of Caroline, addressed the Board to relate a recent chance meeting he had with visitors at DeWitt Park. They commented very positively on the memorials at the park and remarked how lucky Ithaca is to have such a lovely memorial park for veterans. He is proud of the park as well and the support the city is providing to veterans who work to maintain the park by allowing protective chains to be placed in front of the monuments to protect them. Bill Beierle, City of Ithaca, addressed the Board regarding Emerson Power Transmission’s remediation plans for South Hill related to the proposed installation of a 25’ vent stack. He expressed concern about how the vent stack would look, and encouraged the City to consider the visual impact of a vent stack on the neighborhood as plans are reviewed. Josh White, City of Ithaca, addressed the Board regarding Emerson Power Transmission’s (EPT) remediation plans for South Hill related to the proposed installation of a 25’ vent stack near his property at 141 E. Spencer Street. He explained that he recently found out that the driveway he thought was his when he purchased the property, with NYSEG having an easement to access their equipment using it, actually belongs to the City of Ithaca, and is also an area that EPT will need to access to install the vent stack. He is hoping that the City will not take the area from him or charge him too much for his continued use of it. He further noted that he has made many improvements to the area since he purchased the property in 2006. 2 July 20, 2011 Cynthia Brock, City of Ithaca and candidate for Alderperson for the 1st Ward, addressed the Board on behalf of Bill Beierle and his wife regarding Emerson Power Transmission’s remediation plans for South Hill related to the proposed installation of a 25’ vent stack. She has been attending the Community Advisory Group meetings regarding this topic, and noted that it is a great group of volunteers working to create a website with information on the remediation taking place throughout the City. She stated that the residents of South Hill are concerned about the proposed 25’ vent stack, which they know has been approved in concept by the New York State Department of Environmental Conservation but not the specifics regarding the design of the vent stack. The residents would also like affirmation from the DEC that the remediation work will have a negative environmental impact on the neighborhood. The neighborhood would like to see a design that has a very low impact on its visual appearance. Tom Hanna, City of Ithaca and representing Friends of Newman Golf Course, addressed the Board regarding suggestions that have been made by the Friends of Newman Golf Course regarding promotions to offer in light of the bad start at the beginning of the season because of all the rain. He asked whether implementation of proposals regarding prorated fees or incentives could be done administratively by the Superintendent of Public Works. Mayor Peterson responded that the rates and fees for the golf course are set by the Board of Public Works, and current rates expire November 1, 2011. RESPONSE TO PUBLIC: Commissioner Goldsmith responded to comments made about Newman Golf Course. He noted that he and other members of the Board did not receive the proposals from the Friends of Newman Golf Course regarding promotions. Asst. Supt. Benjamin responded that he would forward that information to the Board for their information. Commissioner Wykstra thanked all the speakers for coming to the meeting and for their comments. Commissioner Jenkins noted that the intersection of West Clinton and Corn Street (where the gas line work is taking place) needs “no parking” signs because with cars parked near the intersection it makes it very dangerous for anyone trying to cross the street. REPORTS: Asst. Supt. Benjamin reported that the new generator has been installed and is up and running at Streets and Facilities. He further reported that crews are beginning re-paving work on Hopper Place. Supt. Gray reported that he thought another budget session was going to be scheduled with the Board. He stated that work on the budget has been consuming his time, especially in light of the tough guidelines that he must follow, with a -7% increase or a 0% increase. He noted various options that may need to be considered in order to meet the budget requirements, and that some of those changes will impact other departments as well. Discussion followed on the floor regarding the difficult decisions that will need to be made as the budget is prepared that will have impacts on staff and services that the Department of Public Works is able to provide. Further discussion followed on the possibility of Common Council overriding the property tax cap in order to increase taxes so that it might help the City’s budget. Commissioner Acharya stated that he has urged different Common Council members to vote to increase the property tax. Supt. Gray explained that he would be on vacation next week, and that he would ask Asst. Supts. Benjamin and Whitney to present the Department of Public Works proposed budget to the Board for their information next week. He stated that departmental budgets are due August 1st, then the Mayor and the City Controller will meet to review budgets with department heads in August, and that the Mayor will present a proposed budget at 3 July 20, 2011 the October Common Council meeting. Common Council will meet various times during the month of October with department heads to review their proposed budgets and then the Mayor will present the final budget for approval at the first Common Council meeting in November. BUILDINGS, PROPERTIES, REFUSE AND TRANSIT: As revised by City Attorney (7/20/11); incorporates suggested changes by EPT and by Supt, and requirement for Council approval of any permanent easement. Recommended Approval of Easement for Emerson Power Transmission (EPT) Vent Stack (Re: South Hill Remediation Program) - Resolution WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above- referenced parcel, in the southerly portion thereof; and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and/or solvents from the former Morse Chain and National Cash Register facilities, and the Therm, Inc., facility, all of which are located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and/or vapors remain in the surrounding soil; and WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to allow vapors to enter a passive-ventilation system along a 300-foot-long section of said sewer main, via a new, perforated pipe to be installed parallel to the old sewer main, and to be vented through a 25-foot-tall stack to be located on the above-referenced City-owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack (including protective bollards); and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, the Board has received and considered written comments on this request from the City’s Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above-referenced parcel is currently developed with a small, gravel-based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City-owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; and WHEREAS, Chapter 170 (“Use of City Real Property”) of the City Code stipulates that “the authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council’s approval;” now therefore be it 4 July 20, 2011 RESOLVED, That the Board of Public Works hereby determines that the use of the subject City-owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefor, will serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future; and be it further RESOLVED, That, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, and b. the City’s having legal authority to revoke any rights of a third party to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Board of Public Works hereby endorses the request from EPT for temporary and permanent easements across the City-owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and recommends to the Common Council that the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, be authorized to execute an easement instrument that includes standard City provisions, as well as the following: 1. Consideration to be paid by EPT to the City in the amount of at least $___________; 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed approximately 100 square feet, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Functionality of the passive-ventilation system will not be altered without City consent. 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. EPT to provide City with timely copies of any performance reports EPT is required by NYSDEC to file, regarding the passive-ventilation system. 10. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 11. To maintain easement, EPT must submit to City, on or by every 10-year anniversary of the execution of this easement, a summary report of system performance and statement of continuing need. Failure to submit such report/statement within 6 months of said anniversary shall constitute grounds for revocation of the easement by the City. 12. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it. 5 July 20, 2011 13. Upon termination of the easement for any reason, EPT shall be responsible, at its sole cost, for removal of vent stack and any other above-ground elements of the passive-ventilation system, and for restoration of the affected area. Kevin Sullivan, Engineer for Emerson Power Transmission, joined the Board for discussion of this item. He explained the proposed design of the vent stack and noted that it would be a passive vent system, powered by the wind. He stated that EPT has a lot of flexibility in designing the stack so that it looks like it belongs in the neighborhood. They are proposing to place the vent stack in the corner of the parking area on Spencer Street so that it does not impede on any work NYSEG may have to do or impede the property owner’s access, if the City grants an easement to him. There is also a tree that will need to be removed to accommodate the stack, which EPT will replace. There was extensive discussion on this item. The following questions need to be answered: A. The property in question has been determined to be city property, and it appears there is a private use of it which can be issued a revocable license from the City, with an associated license fee. However, the current property owner thought when he purchased property the parking lot came with the property. It was noted that NYSEG may have a right-of-way as well. It needs to be researched what easements are in place for this property. B. Should the City grant a temporary or permanent easement, and what conditions should be attached. In addition, a permanent easement can only be granted by Common Council – so the Board of Public Works needs to make a recommendation to Common Council to be consistent with Chapter 170 of the City of Ithaca Municipal Code regarding “Use of City Real Property”. C. Research needs to be conducted regarding how many easements are on this property and to whom the easements have been granted. NYSEG would need one, and Emerson Power Transmission would need one; we are not sure who else would need one or what consideration the City will be seeking for those easements. D. The Board requested that EPT provide a copy of the approval letter from New York State Department of Environmental Conservation (NYSDEC) for their information. E. Kevin Sullivan, EPT Engineer, stated that they have had surveys done of the property. He stated that he would request that any and all surveys that EPT may have be copied and provided to the City for its information to help determine what easements are in place already. He further noted that EPT is very interested in doing what the public wants and will work with neighbors on the aesthetics of the project including what materials/color should be used for the retaining walls that will surround the stack, as well as landscaping of the area. Mayor Peterson stated that she would ask Director of Planning and Development Cornish to conduct an expedited site plan review that would include input from affected neighbors. HIGHWAYS, STREETS AND SIDEWALKS: Request to Hang Banners with Original Art Work on City Light Posts - Resolution By Commissioner Wykstra: Seconded by Commissioner Goldsmith WHEREAS, the Downtown Ithaca Alliance (DIA) has run a successful banner program in the area around the downtown business district, currently consisting of approximately 35 banners mounted on light poles, and 6 July 20, 2011 WHEREAS, Nancy Ridenour of Lotus Studios in Ithaca has offered a new set of banners based on some original art work depicting images of plants typically found in the Six Mile Creek ecosystem, now therefore be it RESOLVED, That the Board of Public Works thanks Ms. Ridenour for her donation to the banner program and directs staff to work with DIA to select poles for the expanded program. Carried Unanimously CREEKS, BRIDGES AND PARKS: Request for a Mobile Pagoda/Pavilion in Thompson Park - Resolution By Commissioner Morache: Seconded by Commissioner Acharya WHEREAS, Alan and Marilyn Vogel have offered a small (10' by 10’) pavilion for installation in Thompson Park which will be built during the Grassroots Festival in Trumansburg, and is similar to several structures which have been built and located in the Trumansburg area, and WHEREAS, the structure is proposed to sit in the south end of the park where it can serve the users of the park, the patrons of the nearby coffee shop, as well as individuals transiting the park, by providing cover from the weather or protection from the sun, and WHEREAS, the Vogels have made an effort to engage the Fall Creek Community about their proposal for a public structure in memorial to their son who was a Fall Creek resident and frequent user of the park, and received substantial input, mostly favorable, and WHEREAS, the structure is portable and can be relocated inside the park, or to another mutually acceptable location as experience dictates, but currently has no provisions for handicapped access, now therefore be it RESOLVED, That the Board of Public Works thanks the Vogels for their generous gift and directs staff to coordinate with Mr. Vogel to assist in the transportation and installation of the pavilion as well as a ramp to provide handicapped access. Ayes (5) Jenkins, Wykstra, Morache, Acharya, Peterson Nays (1) Goldsmith Abstentions (0) Carried Approval of Decorative Chain in Front of Monuments in DeWitt Park - Resolution By Commissioner Acharya: Seconded by Commissioner Wykstra WHEREAS, the DeWitt Park Restoration Committee has proposed the installation of decorative chains in front of the War Memorials located in DeWitt Park and, following review by the Parks Commission and submittal to the Protestant Church for any comments, the Board of Public Works requested reviews from both the City Planning Board and the Ithaca Landmarks Preservation Commission in their resolution of June 15, 2011, and WHEREAS, the Director of Planning has completed an expedited review for the decorative chains, and the Building Department has issued a building permit for following the review of the Landmarks Commission, now therefore be it RESOLVED, That the Board of Public Works approves the installation of Decorative Chains in front of the War Memorials in DeWitt Park and directs staff to coordinate with the DeWitt Park Restoration Committee to assist in the installation of the chains. City Attorney Hoffman stated that back in June he sent a memorandum to the Board of Public Works with questions that he suggested be answered before this step is taken. He has some suggestions to deal with the most serious ones. He apologized that he could not focus on this sooner, but he has been working on two different lawsuits. He also has a suggestion regarding the question of ownership. 7 July 20, 2011 Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Goldsmith RESOLVED, That the Resolution be amended to read as follows: “WHEREAS, the DeWitt Park Restoration Committee has proposed the installation of decorative chains in front of three War Memorials located in DeWitt Park (Civil War, WW I, and WW II) and, following review by the Parks Commission and consent from the Presbyterian Church for any comments, the Board of Public Works requested reviews from both the City Planning and Development Board and the Ithaca Landmarks Preservation Commission in their resolution of June 15, 2011, and WHEREAS, the Director of Planning and Development has completed an expedited review for the decorative chains, and the Building Department has issued a building permit conditioned upon the review of the Ithaca Landmarks Preservation Commission, and WHEREAS, staff to the Ithaca Landmarks Preservation Commission have indicated that the chains are not subject to their review; now, therefore be it RESOLVED, That the Board of Public Works approves the installation of Decorative Chains in front of the War Memorials in DeWitt Park and directs staff to coordinate with the DeWitt Park Restoration Committee to assist in the installation of the chains, and be it further RESOLVED, That the Board, on behalf of the City of Ithaca, hereby accepts ownership of the chains, with the understanding that the City shall accept responsibility, and make decisions regarding all maintenance of the chains in the future.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously WATER AND SEWER: Authorization to Perform in the Mulholland Wildflower Preserve – Resolution By Commissioner Wykstra: Seconded by Commissioner Morache WHEREAS, the Board of Public Works has received a request from Cynthia Stevens to undertake a community education program about water sources and the surrounding ecology through a multidisciplinary program which combines performance and audience participation at the Mulholland Wildflower Preserve which would occur over several evenings in early August 2011, and WHEREAS, this idea has been reviewed and recommended by the Natural Areas Commission in support of public education concerning ecology, water resources, and preservation of natural areas, and WHEREAS, Ms Stevens proposes to fund this project through her own efforts and envisions possible future programs of a similar nature at this site or other sites in the city, now therefore be it RESOLVED, That the Board of Public Works approves the initial request to make three one-hour programs on August 12 and 13, 2011, and looks forward to future opportunities to consider similar proposals for ecologically oriented performance art. Carried Unanimously Mayor Peterson reported that she has her monthly meeting with Town of Ithaca Supervisor, Herb Engman on Thursday, July 21st. They will be discussing a letter that the Town of Ithaca and Tompkins County Sheriff’s Office received from residents of Penny Lane regarding the public accessing Six Mile Creek Natural Area by way of Penny Lane. 8 July 20, 2011 The Board requested a copy of the letter, and the Mayor noted that she would e-mail it to Supt. Gray to include in agenda packets for the July 27, 2011 Board of Public Works meeting. Mayor Peterson left the meeting at 6:10 p.m. DISCUSSION ITEMS: Protest of Sidewalk Snow Removal Bill for 505-15 Third Street (Aldi) The Board discussed the appeal that Aldi’s staff has requested regarding a snow removal bill. Asst. Supt. Benjamin explained what staff did and the communication they had with the staff about the need for the sidewalks near the store to be clear of ice and snow. The Board requested that Supt. Gray prepare a resolution for their consideration at the July 27, 2011 meeting that would deny the appeal. Proposed Fall Creek Stream Corridor Project – Possible Resolution This item was removed from the agenda. Discussion Regarding Suggestions from Friends of Newman Golf Course The Board did not discuss this item. ADJOURNMENT: On a motion the meeting adjourned at 6:35 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor