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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. 2 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 3 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: 4 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. 5 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. 6 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