HomeMy WebLinkAboutMN-BPW-2011-09-21BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. September 21, 2011
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Wykstra, Morache, Warden, Goldsmith, Acharya
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Zumoff
Information Management Specialist - Myers
Director of Planning and Development – Cornish
City Chamberlain – Parsons
Traffic Systems Engineer – Logue
City Planner – Wilson
EXCUSED:
DAC Liaison – Roberts
MAYOR’S COMMUNICATIONS:
There were no communications from the Mayor – other than to request that
“Communications and Hearings from Persons Before the Board” be moved up to before
“Special Presentations before the Board” (so that speakers would not need to wait 30
minutes to speak after the special presentation).
The Board had no objections to that change.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Cynthia Yahn, City of Ithaca, addressed the Board regarding the increase in
car/pedestrian; car/bicycle accidents, with critical injuries, occurring at the intersection of
W Buffalo St/Meadow/Fulton Streets. She is very concerned about the increase and
wanted the Board to be aware of it so that it might be able to do something before a
fatality occurs here.
George McGonigal, City of Ithaca and 1st Ward Alderperson, addressed the Board
regarding the removal of parking on the uphill side of Hector Street. He noted that the
change has caused people to begin parking in yards; as well as motorists speeding. He
encouraged the Board to reconsider its decision to remove parking.
RESPONSE TO THE PUBLIC:
Commissioner Acharya responded to comments about the dangerous intersections at
W. Buffalo St/Meadow/Fulton Streets. He stated that he drives to destinations on that
side of the City rather than walk or bike because it is so dangerous. He stated that
completion of Phase II of the Cayuga Waterfront Trail should help some, but it will be a
while before that is completed.
Commissioner Goldsmith noted that he agrees with Commissioner Acharya’s comments
about the unsafe intersections noted above. He feels that the Department of Public
Works may need to put up more pedestrian crossing signs to make motorist aware of
pedestrians’ rights. He noted that it might be good for the police department to increase
its protection of pedestrians to ensure their safety at these intersections.
SPECIAL PRESENTATIONS BEFORE THE BOARD:
Comprehensive Plan Presentation by Clarion Associates:
City Planner, Megan Wilson, addressed the Board to introduce the consultants from
Clarion Associates and Martin/Alexiou/Bryson, and to explain the work that will begin on
the City’s comprehensive plan. She stated that the City’s comprehensive plan was
adopted in 1971, and has been amended fourteen times since then so it needs to be
updated.
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September 21, 2011
She introduced Roger Walden, Project Manager – Principal of Clarion Associates. He
then introduced the other consultants from Clarion Associates – Greg Dale,
Principal/Partner, Shelby Sommer, Associate, and George Alexiou - Principal of
Martin/Alexiou/Bryson. He also noted that Peter Trowbridge of Trowbridge and Wolf
(local planners) will be involved in the project as well. He then provided a brief overview
of the goals of the work they will be doing on the City’s comprehensive plan. He stated
that they will be evaluating “where the City is today”, “where the City wants to go”, and
“how does the City get there”. He further noted that they are very interested in getting as
much public input as possible as they work on the project. He further stated that there
will be two phases of the project – Phase I will include putting together ideas, facts,
trends, goals, objectives, a guiding plan and map. Phase II will center on specific area
development (i.e. waterfront development, as well as sustainability-energy efficiencies,
and infrastructure issues – for which they will especially need input from the Board of
Public Works), and housing needs/development.
Mr. Dale addressed the Board to explain their itinerary and schedule that planning staff
developed for them while they are here. He expressed his thanks to them for their time,
and for all the great meetings they have been able to attend. He stated that they were
taken on a tour of the City today and noted that they all would have a steep learning
curve as they begin work on the plan.
Discussion followed on the floor regarding the consultants’ experience working with
cities of similar size and population, bicycle/pedestrian issues, and the need for this to
be a unifying comprehensive plan document for future City staff and the City.
BUILDINGS, PROPERTIES, REFUSE AND TRANSIT:
Approval of Contract for Vendor Sales of Trash Tags – Resolution
By Commissioner Acharya: Seconded by Commissioner Goldsmith
WHEREAS, the Board of Public Works has received a request from the City
Chamberlain to review and approve the form of a proposed contract between the City
and various retail businesses seeking to sell trash tags to the general public, and
WHEREAS, the Board of Public Works recognizes that it is in the community’s best
interest to have the option of purchasing trash tags at retail locations throughout the
City, and
WHEREAS, the Board has reviewed the proposed contract form, as submitted by the
City Chamberlain on September 1, 2011; now therefore be it
RESOLVED, That the Board of Public Works hereby approves the use of a contract
between the City and any participating businesses, regarding the purchase and sale of
City trash tags, which contract shall be essentially in the form proposed by the City
Chamberlain on September 1, 2011, but requiring only one signature on behalf of the
City (rather than four) and including any non-substantive modifications to the form as
are recommended by the City Attorney and approved by the Mayor, and be it further
RESOLVED, That the Mayor or the Mayor’s designee be and hereby is authorized to
execute such contracts in the above-described form, on behalf of the City of Ithaca, and
that the City Chamberlain be and hereby is authorized to administer the same.
Carried Unanimously
Award of Contract for Cass Park Filter Building Roof Replacement Project –
Resolution
By Commissioner Goldsmith: Seconded by Commissioner Morache
WHEREAS, bids were received on September 20, 2011, for replacing the existing
rubber membrane roof on the pool filter building at Cass Park, located at 701
Taughannock Blvd., Ithaca, with a fully adhered EPDM Roof System, and
WHEREAS, staff has reviewed the bids received and made recommendations for
award, now therefore be it
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September 21, 2011
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Contract
for General Construction for the Cass Park Filter Building Roof Replacement Project,
Capital Project 759, to Hale Contracting, Inc., 2054 Grand Central Ave., Horseheads,
NY 14845, for their low bid meeting specifications of $30,313.00, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute these contracts, and
that the Superintendent of Public Works be and hereby is authorized to administer the
same.
Carried Unanimously
WATER AND SEWER:
Protest of Water Bill for 127 College Avenue – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Warden
WHEREAS, Robert Terry presented a protest to the water and sewer bill that he
received for the second quarter of 2011 for his property at 127 College Avenue and
requested a reduction of the bill, and
WHEREAS, Mr. Terry requested a review and possible expungement of the excessive
portion of the charges which he suggests indicates a malfunction in the new equipment,
and
WHEREAS, The Board of Public Works has reviewed Mr. Terry’s request to reduce the
water and sewer bill and reviewed information related to the water meter installed at the
property, and
WHEREAS, the Board has reviewed the data related to the meter itself, the water use
pattern at 127 College Avenue over the last five years, as well as several days’ use in
May 2011, and believes that it would be possible for the property to have used the
unusual amount of water, but is uncomfortable that hourly use data was not recovered
from this meter to help with the analysis, that the City’s current experience level with
these meters is somewhat limited and that the meter has been returned to the
manufacturer for review of a possible battery problem, now therefore be it
RESOLVED, That the Board of Public Works hereby agrees to accept a payment of
$419.73 for the payment of the second quarter 2011 water and sewer bill, which reflects
the average of the preceding four bills and the conclusion that there was no seasonal
use pattern for this property.
Carried Unanimously
A Resolution To Amend the Vehicle and Traffic Schedules in Regard to Parking
Regulations on West York Street
By Commissioner Wykstra: Seconded by Commissioner Acharya
WHEREAS, the Board of Public Works has received a petition from all of the residents
on West York Street to change the parking regulations on the block, and
WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code
to adopt and to amend a system of Schedules in order to administer the Vehicle and
Traffic Law, and
WHEREAS, the City Transportation Engineer has stated that the request will not have a
significant negative transportation impact, and
WHEREAS, the Board of Public Works is in agreement with the request, now therefore
be it
RESOLVED, That Schedule XV, Parking Prohibited Certain Hours, be amended to add
the following entries:
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September 21, 2011
Name of Street Side Hours/Days Location
West York Street North 9:00 am to Entire length
1:00 pm/
Mon-Fri
West York Street South 1:00 pm to Entire length
5:00 pm/
Mon-Fri
Ms. Patricia Horton, 106 W. York Street, provided to the Board a revised petition that
now includes signatures from all the residents of the 100 block of West York Street. The
petition shows the full support from the neighbors of the proposed parking changes for
the street. The residents of the block hope that these changes will discourage high
school students from parking their vehicles on the street during the school day.
Commissioner Warden disclosed that he lives at 106 West York Street. He stated that
he would recuse himself from the discussion and voting on this item.
Discussion followed on the floor regarding the reason behind the request, what kind of
parking is allowed on nearby blocks and the fact that this change will result in more
consistent parking rules and regulations in the neighborhood.
Mayor Peterson noted that Community Service Officers should be informed of this
change that will take effect once signs are posted.
A Vote on the Resolution Resulted as Follows:
Ayes (6) Peterson, Acharya, Wykstra, Jenkins, Goldsmith, Morache
Nays (0)
Abstentions (1) Warden
Carried
Mayor Peterson left the meeting at 6:00 p.m.
Finger Lakes Fabricating Parking Lot at Fulton and Court Streets:
Vice Chair Jenkins asked City Attorney Hoffman to explain the request that has been
made from the owner of Finger Lakes Fabricating, and the role of the Board of Public
Works in any decision.
City Attorney Hoffman provided a detailed memo dated September 21, 2011 which
outlined the following:
“RE: City-Owned Parking Lot at N. Fulton & W. Court Streets
When the State transformed a portion of Route 13 in the City into a “one-way pair” along
Meadow and Fulton Streets, in the mid-1990s, it needed to extend Fulton Street
northward from Court Street, through several privately-owned properties, and used its
power of eminent domain to do so. In the block between West Court Street and Esty
Street, the State took a strip of land about 70 feet wide, to the east of where the easterly
edge of the new street would be. These takings substantially reduced the size of the
lots occupied by Finger Lakes Fabricating (at the south end of the block) and what was
formerly the Miller office supply warehouse (at the north end of the block, which building
has since been converted for other purposes).
After the Route 13 project was finished, the State conveyed its parcel at the south end
of the block to the City, for use as a “neighborhood” parking lot, since much of the on-
street parking in the area was eliminated as part of the project. In 2002, the smaller
State parcel at the north end of the block was conveyed by the State back to the owner
of the former Miller warehouse (then Arche, LLC). Tom Seaney, owner of Finger Lakes
Fabricating, now says that the State first conveyed that northerly parcel to the City, but
Assessment Dept. records do not show that.
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September 21, 2011
During the past year, the Board of Public Works decided to convert the parking area at
the corner of Fulton & Court Streets to paid parking, as part of its response to Common
Council’s directive to boost parking revenues. When the City striped the lot (to establish
official, metered spaces), the effect was to render the “free” parking spaces next to the
Finger Lakes Fabricating (and Hearth & Home) building unusable (when the metered
spaces were occupied), and, reportedly, to cause confusion and anger among
customers of those businesses who found their vehicles ticketed when they parked in
what they did not realize had become “paid” spaces.
Tom Seaney brought his concerns to the BPW, and is now requesting that the City sell
part or its entire adjacent parcel to him. (He has suggested that neighborhood parking
needs could be accommodated by allowing parking along the most westerly block of
West Court Street.)
The sale of City-owned land can be authorized only by the Common Council. At least
during my tenure as City Attorney, the role of the BPW in this type of situation has been
to make an informed determination (by resolution) as to whether the land in question is
needed for public works purposes, and to pass its determination (and any
recommendations it may have) on to Common Council for its consideration. Typically,
the first step in making such a determination has been to ask the Superintendent for his
position on the issue. (Of course, Common Council can take other factors, such as
planning and/or economic development issues, into account in its decision as to
whether or how to try to sell the property.)
Based on the requirements of State law, the City Charter imposes conditions on the
sale of City-owned land. Notice of any proposed sale must be published in the
newspaper at least once a week for three weeks, starting at least 30 days prior to the
vote to approve it, the sale must be for “full value” (typically determined through a
professional appraisal or by public auction), Council approval requires a ¾ majority (i.e.,
at least 8 votes), and the vote to approve is subject to a permissive referendum (the
demand for which must be initiated by petition signed by registered City voters equal to
at least 10% of the number of votes cast in the City in the most recent general election,
and submitted before the vote is taken).”
Discussion followed on the floor regarding what parking is available, where new parking
could be created, the potential revenue that could be gained by selling the parking lot,
as well as the unknown value of revenues for any potential development of this site in
the west end which is increasing each year. Several Board members expressed
reservations about selling the property, and requested that this item be placed on the
September 28, 2011 Board of Public Works agenda for further discussion.
Parking on Hector Street:
Supt. Gray explained that residents of Hector Street have sent letters to the City
requesting that the parking be restored on Hector Street; or, alternatively, to have the
City look for places for people to park on Hector Street. Traffic Systems Engineer
Logue recommended keeping the parking prohibition, and providing new parking areas
as well as sidewalks. He also noted that the City does not have the funds to create new
parking areas or construct new sidewalks, at this time.
Discussion followed on the floor regarding what the minimum required width of a street
is, and how much room would be needed to allow on street parking. Further discussion
followed on the floor regarding what, if any, traffic calming measures might be used
here. Commissioner Goldsmith explained that he was involved in traffic calming for
Forest Home. The area now has speed bumps, and “gates” which give the appearance
of a narrow road, which in turn causes motorists to slow down.
It was also noted that the Ithaca Police Department (IPD) was the one who requested
that the parking be removed, and that they should be made aware of residents concerns
about vehicles speeding through neighborhood. It was also suggested that perhaps IPD
could be requested to increase enforcement of the speed limit in the neighborhood.
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September 21, 2011
Traffic Systems Engineer Logue stated that he would communicate with Alderperson
McGonigal and residents of Hector Street that if they wish to pursue the replacement of
on street parking on Hector Street that they should prepare a petition to submit to the
City. He will also explain that any change to the street as far as widening it or creating
places to park would be at a cost to the City, which isn’t in a situation at present to be
able to fund such a project.
NEW BUSINESS:
Intersection of West Buffalo/Meadow/Fulton Streets:
Supt. Gray explained that these roads are New York State Routes that New York State
Department of Transportation maintains. He will ask staff to look into the accident
history of these intersections, and to provide additional information to the Board about
the areas. He will also ask staff to research/analyze whether there are any engineering
solutions to help improve safety at this intersection. It was also suggested that
increased police presence at certain times might help motorists be more alert as they
approach this intersection. Motorists might be less likely to use cell phones and slow
their speed, with police presence as well.
ADJOURNMENT:
On a motion the meeting adjourned at 6:55 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor