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HomeMy WebLinkAboutMN-BPW-2011-11-09BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. November 9, 2011 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Wykstra, Warden, Goldsmith, Acharya OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Benjamin Information Management Specialist - Myers Assistant Civil Engineer – West Transportation Engineer – Logue EXCUSED: Commissioner Morache Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR’S COMMUNICATIONS: The Mayor had no communications. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Nancy Schuler, City of Ithaca, addressed the Board regarding the proposed sale of surplus property on East Seneca Street. She encouraged the Board to reconsider the sale of that parcel since it is the only open, green space in the area. She is concerned about the possibility of it being developed into a parking lot, and noted that the neighbors in the area would like it to remain a green space. Steven and Amanda Kempf, 307 N. Albany Street, addressed the Board regarding an undocumented bill for sidewalk work at 307 N. Albany Street that was not found during the tax search when they purchased the property. They presented a copy of the tax search that did not show the outstanding sidewalk assessment to the Board for their information. They do not feel that they should be responsible for this assessment. RESPONSE TO PUBLIC: Commissioner Wykstra thanked the speakers for their comments. A brief discussion followed on the floor regarding how to address the Kempf’s undocumented bill for sidewalk work at 307 N. Albany Street. Supt. Gray will research the history of the sidewalk assessment, and provide a resolution for the Board to consider at a future meeting. REPORTS: Assistant Supt. for Streets and Facilities Benjamin reported on the following items: - The paving of West Seneca Street has been completed. - Storm sewer repair work is needed on the 200 block of N. Aurora St. (this work is scheduled for November 14 – 15, 2011) - Crews will continue paving as much as possible before the asphalt plants close for the season - Stewart Avenue (south of Seneca Street) will be repaired in the next couple of weeks (there have been complaints of vehicles “bottoming out” there - City staff have contacted NYSEG regarding their need to complete paving patch work on Green Street 2 November 9, 2011 A brief discussion followed on the floor regarding how pot holes are dealt with during the winter season. APPROVAL OF MINUTES: Approval of the May 18, 2011 Board of Public Works Meeting Minutes – Resolution By Commissioner Acharya: Seconded by Commissioner Jenkins RESOLVED, That the minutes of the May 18, 2011 Board of Public Works meeting be approved with noted corrections. Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Acharya RESOLVED, That the 6th paragraph on page 3 be amended to read as follows: “Commissioner Wykstra expressed his opinion that more residents, the public, and former city officials should be included in the review process of the City Charter and Code, via a State approved Charter Commission. He further stated that he does not believe that public input allowed at the City Administration Committee and Common Council meetings would be legally adequate for changing the City Charter and Code.” Ayes (5) Peterson, Jenkins, Warden, Wykstra, Acharya Nays (0) Abstentions (1) Goldsmith Carried Main Motion As Amended: A Vote on the Main Motion as Amended Resulted As Follows: Ayes (5) Peterson, Jenkins, Warden, Wykstra, Acharya Nays (0) Abstentions (1) Goldsmith Carried A brief discussion followed on the floor regarding how soon after a meeting that minutes need to be completed and approved, since these minutes were from May and it is now November. Approval of the October 19, 2011 Board of Public Works Meeting Minutes – Resolution Approval of the minutes of the October 19, 2011 Board of Public Works Meeting minutes was post-poned until November 16, 2011. VOTING ITEMS: Buildings, Properties, Refuse, and Transit: Recommendations to Divest Unused City Property – Resolutions Resolution: Parcel 68.-2-9.2 – 700 Block East Seneca Street This item was not discussed. Resolution: Parcel 93.-7-3 – 213 West Spencer Street By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and 3 November 9, 2011 WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now therefore be it RESOLVED, That the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and be it further RESOLVED, That the Board of Public Works hereby recommends that the Common Council consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Carried Unanimously Resolution: Parcel 93.-7-5.1 – 215 West Spencer Street By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening West Spencer Street to accommodate two-way vehicular traffic, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now therefore be it RESOLVED, That the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and be it further RESOLVED, That the Board of Public Works hereby recommends that the Common Council consider sale of parcel 93.-7-5.1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. Carried Unanimously Resolution: Parcel 122.-2-1 – 321 Elmira Road By Commissioner Acharya: Seconded by Commissioner Jenkins WHEREAS, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and WHEREAS, the aforementioned parcel was obtained by the City with the intention of operating a sewage pump station, and WHEREAS, the Superintendent of Public Works has indicated that this parcel is not currently used in any way for City public works functions or purposes, and that he does not anticipate a need to use this parcel for any such purpose in the foreseeable future, and WHEREAS, continued City ownership of this parcel requires that the City incur expense for maintenance, without the generation of revenue (e.g., in the form of property taxes) from it, now therefore be it RESOLVED, That the Board of Public Works hereby determines that the aforementioned property is not needed for City of Ithaca public works purposes, and be it further RESOLVED, That the Board of Public Works hereby recommends that the Common Council consider sale of parcel 122.-2-1, unless its continued ownership by the City is needed in order to serve a non-public works function or purpose. 4 November 9, 2011 Discussion followed on the floor regarding the stream/creek right-of-way on this property between the City of Ithaca and the Honda dealership. The purchaser would be responsible for the cost of removal of the decommissioned pump station. Further discussion followed on the floor regarding traffic impacts, and Commissioner Wykstra expressed his opinion that the Comprehensive Planning Committee should review these proposed surplus properties for potential uses before the Board makes a recommendation to Common Council on whether or not to sell the properties. Motion to Table Resolution: By Commissioner Warden: Seconded by Commissioner Jenkins RESOLVED, That further discussion on this resolution be tabled until the November 16, 2011 Board of Public Works Meeting. Carried Unanimously Resolution Parcel 100.-2-1.2 – Cherry Street This item was not discussed. Highways, Streets, and Sidewalks Intersection Repair Policy Approval - Resolution By Commissioner Goldsmith: Seconded by Commissioner Warden WHEREAS, the Board of Public Works understands that there may be community groups who are interested in creating special neighborhood places, and WHEREAS, the Board wants to allow and promote community based place making and livable streets, now therefore be it RESOLVED, That the Board of Public Works hereby adopts the following policy, including all 17 clauses, dated November 9, 2011, to allow for modifications to City- owned street right-of-ways by way of a revocable permit with the described special conditions. Transportation Engineer Logue joined the Board for discussion of this item. He explained that the only area of concern with the policy is the “Optional Clause” regarding the requirement to carry liability insurance by the permittee with the City of Ithaca listed as an additional insured. Discussion followed on the floor whether or not there might be a possibility of the permittee paying the City for the difference in the cost of liability insurance for specific events – instead of having to pay to obtain their own liability insurance, which might be quite expensive. It was recommended that the City Controller and City Attorney review with the Superintendent of Public Works the question regarding liability insurance coverage so that the permittee might have the option of either paying the City or obtaining their own liability insurance coverage. In the meantime, Transportation Engineer Logue would recommend that the applicant be required to obtain the increased liability insurance coverage that would name the City of Ithaca as an additional insured. A Vote on the Resolution Resulted as Follows: Carried Unanimously City of Ithaca Board of Public Works Policy November 9, 2011 Conditions of Revocable Street Permit to Modify City Intersections In addition to the standard conditions of a City of Ithaca Street Permit, the permittee agrees to the following supplemental conditions: (1) The permittee shall hold the City of Ithaca, its officers, agents, and employees free and harmless from any claims for damages to persons or property, including legal fees and costs of defending any actions or suits, including any appeals, which may result from permitted activity. (2) The intent of a proposed project and the likely outcome of such project shall be consistent with the goals of the City of Ithaca Common Council and the Board of Public Works. (3) The two streets must be classified as Local Streets (as opposed to a Collector or Arterial street) and carry less than a combined 2,500 vehicles on an average day. 5 November 9, 2011 (4) The applicant for a permit must provide to the City Transportation Engineer a petition of support for the proposed intersection modifications. The support petition must have signatures from each of the adjacent residents and at least 80 percent of the residents on the project street frontage(s) within two standard city blocks of the proposed project. The City Transportation Engineer shall have the authority to modify the petition boundaries when considered appropriate. The City Transportation Engineer shall determine whether the required signatures are shown on the petition. (5) The applicant for a permit must provide the City Transportation Engineer with a written description of the proposed changes, including diagrams depicting how the intersection will look when completed. The applicant must demonstrate how the project will improve, or at least maintain, traffic safety and the safety of individuals at or in the vicinity of the intersection. (6) The City Transportation Engineer may approve a revocable permit authorizing construction and maintenance of the project as described and shown in the submitted diagrams, subject to any changes that may be required by the City Transportation Engineer. (7) The permit shall be for use of the public right-of-way only, and does not exempt the permittee from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit. Nor shall the permit waive the provisions of any City Code, Ordinance, or the City Charter, except as stated herein. (8) The permit shall not exempt any party from complying with all applicable traffic laws, including laws regarding pedestrians. (9) The permittee is not authorized to do any excavation, except as specifically identified in the project plans. The permittee shall be responsible for protecting all public and private facilitates placed in the public right-of-way, including underground utilities. (10) The permittee shall notify all households and businesses within two standard city blocks of the proposed project at least 30 days before the project installation date. (11) The permittee shall obtain a Block Party Permit to close all legs of an intersection, for up to one block distance, in order to install the intersection modifications. Permittee shall use Type III barricades and STREET CLOSED signs as provided in the Manual on Uniform Traffic Control Devices. No street shall be blocked for more than 12 hours in any 24-hour period unless specifically allowed by the City Transportation Engineer. (12) Repair, maintenance, or installation of existing or future utility facilities in the right-of-way may require the permittee to reconstruct, move, or remove the project, or portions of the project, with all costs borne by the permittee. (13) The permittee shall work with all affected neighbors to resolve any concerns that may arise regarding the project. The inability to resolve such concerns may be grounds for revocation of this permit by the City Transportation Engineer. (14) The permittee shall maintain, at no cost to the City, all aspects of the project during the term of the permit. If any nuisance condition is allowed to exist in the area of the project, the City may summarily abate such nuisance. The existence of a nuisance in the area of the project is grounds for revocation of the permit. (15) All permits shall be revocable by the City Transportation Engineer. The City Transportation Engineer may revoke a permit for any cause. The City Transportation Engineer shall immediately revoke a permit for a project no longer meeting the intent of Common Council or Board of Public Works goals. (16) The permittee shall, at no cost to the City, remove all aspects and/or features of a project when either the permit expires or is revoked. (17) The permittee shall carry liability insurance for the block party activities and shall name the City of Ithaca as an additional insured for the special event insurance. This insurance will satisfy the requirements for insurance under the standard City Street Permit. Alternatively, the permittee can satisfy the standard insurance requirements for a City Street Permit. Parking and Traffic An Ordinance to Amend the Vehicle and Traffic Schedules to Change Parking Regulations on the 700 Block of West Court Street This item was not discussed because the required petition was not submitted by the requestor prior to today’s meeting. An Ordinance to Amend the Vehicle and Traffic Schedules XXV, Reserved Parking for Persons with Disabilities By Commissioner Warden: Seconded by Commissioner Goldsmith 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 6 November 9, 2011 WHEREAS, the Office of the City Engineer recommends approving a Reserved Parking for Persons with Disabilities (RPPD) application from a resident at 80 Abbott Lane for a sign on West Village Place near his residence, and WHEREAS, the Board of Public Works agrees that this request is in accordance with the policy for RPPD (as adopted in 2010), now therefore be it RESOLVED, That Schedule XXV, Reserved for Parking for Persons with Disabilities, be amended to add the following entry: Name of Street Side Location West Village Place East In front of 80 Abbott Lane Carried Unanimously Bicycle Boulevards – Follow Up: Transportation Engineer Logue addressed the Board to explain that he is looking for their general support in moving forward with this proposed project. He stated that he will need to obtain input from the various neighborhoods, Ithaca Police Department, and the Planning Department before moving forward. A brief discussion followed on the floor regarding how this project would impact residents. The Board expressed their full support for Transportation Engineer Logue to move forward with work on this project. Hydrilla Update This item will be placed on the November 16, 2011 Board of Public Works agenda for discussion. ADJOURNMENT On a motion the meeting adjourned at 6:55 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor