Loading...
HomeMy WebLinkAboutMN-BPW-2010-05-19 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:50 p.m. May 19, 2010 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Brock, Tripp, Wykstra, Goldsmith OTHERS PRESENT: City Attorney - Hoffman Deputy City Controller - Andrew Superintendent of Public Works - Gray Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff Executive Assistant – Gehring EXCUSED: DAC Liaison – Roberts Acting Assistant Superintendent of Streets and Facilities - Benjamin MAYOR’S COMMUNICATIONS: Mayor Peterson received a letter from Liberty Hyde Bailey Garden Club expressing appreciation to Acting Asst. Supt. Benjamin for his assistance in installing hand railings at Ithaca Falls Park. She also received a letter thanking Mr. Ward in the Forestry Division for taking the time to explain to a resident why a City tree adjacent to her property had to be removed and allowing her to choose a replacement tree. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: David Pelletier addressed the Board regarding land that he is purchasing on VanOstrand Rd. in Newfield next to the City’s planned hard fill site. He expressed concerns that Newfield residents have not been notified of the City’s plans and his desire for the Board to consider alternate uses for the land. Former Board of Public Works Commissioner Ray Schlather thanked the Board and Tompkins Trust Company for repairing the time and temperature readouts on the three clock towers on the Commons. RESPONSE TO PUBLIC: Commissioner Wykstra thanked Mr. Pelletier for his comments. He stated that the City would contact him when further information is available about the site. Mayor Peterson clarified that other municipal officials have been kept abreast of the City’s plans for the area and requested that a map and plans for the housing development surrounding the City’s proposed hard fill site in Newfield be provided to the Board. Commissioner Wykstra thanked Mr. Schlather for his support in the efforts to repair the clock towers on the Commons. REPORTS Superintendent and Staff Asst. Supt. Whitney reported that the following were completed by the Water and Sewer crews: the sanitary sewer replacement on Stewart Avenue over Cascadilla Creek; replacement of 1,000 feet of sewer pipes with 12” pipe in the 200-400 blocks of Hector Street, with Streets & Facilities crews replacing the pavement; and replacement of collapsed sewer and water mains on Aurora Street. He reported that other 2010 projects include: replacement of manholes and collapsed sewer pipes on East Hill; water main replacement on Prospect and Clinton Streets; and replacement of the water main on Hopper Place. Formatted Board of Public Works Page 2 May 19, 2010 Regular Meeting Supt. Gray reported that 2010 projects for the Streets &Facilities crews include: Aurora and Hector Street repairs; work with the Dept. of Environmental Conservation to clean the trench drains at the Streets & Facilities building; replace the broken glass face near the top of the Seneca Street parking garage; evaluation of East State Street to determine the origin of the water flowing on the road; and installation of “No Camping” signs throughout the City. He stated that the Commons Fountain will be out of service due to $5-10,000 of vandalism that occurred the weekend of May 15, 2010; street sweeping is on hold due to the need to replace one sweeper and the repair of another; Spencer Street Slope Stabilization should be completed soon and the road will be open by May 20, 2010. He reported that Engineering staff are involved with the management of the following projects: the Creek Walk (Winter Village Trail) along Six Mile Creek, which the contractor has poured half of the concrete. He stated that Phase 3 of the Cayuga Water Front Trail project, the Thurston Avenue repaving project, the Route 89 repaving project and the Columbia Street Pedestrian Bridge project are all out to bid; the Ithaca Police Dept. Command Unit Garage project has been awarded and construction will begin soon; a NYSERDA grant was received to install solar hot water tanks at the Youth Bureau; structural evaluation of the Seneca Street Garage; installation of artwork on the Green Street Garage; and striping of crosswalks and pavement will begin soon. Commissioner Goldsmith requested a list of projects be distributed to the Board. NEW BUSINESS Mayor Peterson stated that representatives from Cornell University have requested an extension for the June 4th removal of the fences on all the bridges on campus. She would like the Board to discuss the request at their next meeting. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT Approval of Sites for Public Art Commission’s Mural and Street Art Program – Resolution By Commissioner Goldsmith: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces – buildings, facilities, and infrastructure – and to review development proposals for decorative elements in the city’s public spaces, and WHEREAS, the PAC is interested in creating a city-wide mural and street art program that will beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, a subcommittee of the PAC was established to work toward the creation of this program and has identified possible locations for murals and street art throughout the city, and WHEREAS, a number of the proposed sites are on City-owned property and require the approval of the Board of Public Works, and WHEREAS, the PAC members presented the Mural and Street Art Program and the proposed sites to the Board of Public Works at its meeting on March 10, 2010, and WHEREAS, the Board of Public Works discussed this proposal at its May 12, 2010 meeting, and WHEREAS, the Board of Public Works has already approved a mural to be installed on the south side wall of the Aurora Street bridge underpass on Green Street, a location previously identified by PAC as a possible location for public art; now, therefore, be it RESOLVED, That the PAC, working with guidance from staff from the Department of Public Works and, where appropriate, with involvement of the immediate community, adjacent property and business owners, and any related government agencies, will coordinate the future pairing of artists and available sites, and be it further Board of Public Works Page 3 May 19, 2010 Regular Meeting RESOLVED, That the PAC will work with Department of Public Works staff to devise a mutually acceptable public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations for each specific project, and be it further RESOLVED, That the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City; and be it further RESOLVED, That the Board of Public Works approves the following City-owned sites for inclusion on the list of potential sites in City of Ithaca Public Art Commission’s Mural and Street Art Program: • Walls in the City Garages on Green St. and Seneca St. • Walls of City Court and Police Station buildings, subject to City Court and Police Department approval • Retaining Wall along Ithaca Hotel Site (for temporary image) • DPW facilities next to the Sciencenter and across the street from Sciencenter • Municipal Electrical boxes throughout the City • Fence on Hudson Street adjacent to lower entrance to South Hill Recreation Way • Some retaining Walls along Six Mile Creek Sally Grubb, member of Public Arts Commission (PAC), joined the Board for the discussion of this item. She explained all of the changes that were made to the resolution, per the Board’s request at their meeting on May 12, 2010. Amending Resolution By Commissioner Brock: Seconded by Commissioner Jenkins RESOLVED, That the first Resolved clause be deleted from the resolution. Carried Unanimously Ms. Grubb explained that the PAC would work with the artists, along with staff of Public Works to install the artwork. Commissioner Brock noted that the second Resolved clause stated the same thing. Amending Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That the PAC will work with Department of Public Works and/or Planning Department staff to devise a mutually acceptable public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations for each specific project, and be it further” Carried Unanimously Amending Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the following bulleted item is hereby deleted from the last Resolved clause: • “Walls of City Court and Police Station buildings, subject to City Court and Police Department approval” Commissioner Wykstra expressed his desire to retain the location in the resolution. City Attorney Hoffman noted that the State Office of Court Administration has ultimate control over the court building. A Vote on the Amending Resolution Resulted as Follows: Ayes (4) – Peterson, Brock, Tripp, Jenkins Nayes (2) – Wykstra, Goldsmith Abstentions (0) Board of Public Works Page 4 May 19, 2010 Regular Meeting Carried Amending Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the following bulleted item is hereby deleted from the last Resolved clause: • “Fence on Hudson Street adjacent to lower entrance to South Hill Recreation Way” Discussion followed on the floor regarding ownership of the fence and adjacent property. A Vote on the Amending Resolution Resulted as Follows: Ayes (5) – Peterson, Brock, Jenkins, Wykstra, Tripp Nayes (0) Abstention (1) – Goldsmith Carried Amending Resolution By Commissioner Brock: Seconded by Commissioner Wykstra RESOLVED, That the last bulleted item in the last Resolved clause be amended to read as follows: • “Retaining Walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek)” A Vote on the Amending Resolution Resulted as Follows: Ayes (4) – Brock, Jenkins, Wykstra, Goldsmith Nayes (2) – Tripp, Peterson Abstentions (0) Carried Main Motion as Amended A Vote on the Main Motion as Amended Resulted as Follows: Carried Unanimously Highways, Streets, and Sidewalks Protest of Sidewalk Snow Removal Bill for 704-06 North Cayuga Street – Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 704-06 North Cayuga Street, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, the Board feels that appropriate process was followed by the property owner to keep the sidewalks safe and accessible for pedestrians, now, therefore, be it RESOLVED, That the Board approves the request to expunge the bill for sidewalk snow removal for 704-06 North Cayuga Street. Carried Unanimously Protest of Sidewalk Snow Removal Bill for 708 North Cayuga Street – Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 708 North Cayuga Street, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and Board of Public Works Page 5 May 19, 2010 Regular Meeting WHEREAS, it appears that the adjacent property owner failed to timely remove snow as required by City ordinance, now therefore be it RESOLVED, That the Board denies the appeal for snow removal, and be it further RESOLVED, That the Board directs staff to notify the owner of this resolution and give the owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Amending Resolution By Commissioner Wykstra: Seconded by Commissioner Goldsmith RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the Board denies the appeal for expungement of the bill for snow removal, and be it further” Carried Unanimously Main Resolution as Amended A Vote on the Main Motion as Amended Resulted as Follows: Carried Unanimously Protest of Sidewalk Snow Removal Bill for 348-50 Elmira Road – Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 348-50 Elmira Road, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, it appears that the adjacent property owner failed to timely remove snow as required by City ordinance, now therefore be it RESOLVED, That the Board denies the appeal for the expungement of the bill for snow removal, and be it further RESOLVED, That the Board directs staff to notify the adjacent property owner of this resolution and give the adjacent property owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Carried Unanimously DISCUSSION ITEMS BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT Revised Shopping Cart Ordinance – Discussion Former Commissioner Ray Schlather and former Alderperson Nancy Schuler joined the Board for the discussion of this item. Mr. Schlather briefly explained the revised shopping cart ordinance and explained that the approved changes to the ordinance provide for the immediate return of and billing for the shopping carts to the owners. He further explained that he and Acting Asst. Supt. Benjamin spoke to staff at Wegman’s regarding proposed changes to the shopping cart ordinance as well. He urged the Board to accept the ordinance as amended. Commissioner Jenkins suggested changing the charge for the return of the shopping carts from $5 per cart to $10 per cart. No Board member objected. Discussion followed on the floor regarding who would be responsible for issuance of tickets, the proposed penalties, and how the City could require owners be liable for the return of the carts. The Board generally agreed with the proposed amendments to the ordinance and agreed to recommend it to Common Council. HIGHWAYS, STREETS, AND SIDEWALKS Board of Public Works Page 6 May 19, 2010 Regular Meeting Mobile Vending in Collegetown – Update Commissioner Wykstra explained that he visited Collegetown and reviewed property maps with Traffic Engineer Johnson. He further explained that there is not enough room on the City’s property to park a vending cart and that it would be illegal to reserve parking spaces for this use. Discussion followed on the floor regarding vendors using parking spaces on a daily basis, the requirement that they must hold permits, and the City’s intention to not approve requests for mobile vending in the Collegetown area. The Board suggested that vendors be referred to Cornell University to see if they could obtain permission to vend on private property. Further discussion followed on the floor regarding vending in Collegetown during late hours after restaurants are closed. Commissioner Wykstra explained that the City does not own any property in that area that would be conducive for mobile vending. CREEKS, BRIDGES, AND PARKS Request for Horses in Stewart Park for Ithaca Festival – Discussion Jess Seaver, Executive Director of the Ithaca Festival, joined the Board for the discussion of this item. She explained that the festival would like to offer pony rides at Stewart Park during the Ithaca Festival. She further explained that the ponies would be located in the “Family Fun” area of the festival in the first field of the park between the access road to the large pavilion and the entrance to the park. Mayor Peterson expressed concern that the ponies would cause damage to the lawn. She further requested a certificate of insurance from the stable that would be providing the pony rides and a plan for restoration of the lawn and manure removal. Commissioner Wykstra requested information on the stable’s experience in providing pony rides in crowded locations. The Board agreed to permit the ponies in Stewart Park for the Ithaca Festival and requested that Supt. Gray issue the permit. Request to Use DeWitt Park for Band Practice for Bag Pipes – Discussion Mayor Peterson expressed concern that the request was for regular use of the park. She stated that a noise permit was requested due to the special type of amplified sound. Brief discussion followed on the floor regarding the Finger Lakes Pipe Band practicing in DeWitt Park every other Tuesday through October 2010. The Board agreed to allow the band practice with the understanding that if complaints arose, the group would cease practicing in that outdoor location. Supt. Gray agreed to issue the band a permit. The Board continued their meeting in the Second Floor Conference Room in order to allow the Planning and Economic Development Committee to begin their meeting at 7 p.m. in Common Council Chambers. WATER AND SEWER Protest of Sewer Repair Invoice for 214 Hudson Street – Discussion Property owner Alexander Perialas joined the Board for the discussion of this item. Asst. Supt. Whitney summarized the protest and the incident referred to in the letter from Mr. Perialas which explained that a pipe had collapsed and required replacement. Mr. Perialas stated that his contention was that the pipe breaking in the street caused other breaks to occur. He further stated he understood the owner’s responsibility was only from the house to the street. He explained that he was told that a previous repair made in 1990 in the street was completed improperly and feels that repair caused the problem. Discussion followed on the floor regarding the original 1990 repair and what caused the break in the line. Mr. Perialas stated that he had replaced the pipe from the house to the curb in June 2010, which is all he thought he was responsible for. Further discussion followed on the floor regarding lengths of pipe and distances from the house to the sewer main. Commissioner Wykstra requested that Mr. Perialas Board of Public Works Page 7 May 19, 2010 Regular Meeting provide the photos he took during the City’s repair be provided to the Board. Supt. Gray explained the history of the installation of water and sewer mains within the City and why the property owner is responsible up to the main from their house. He stated that once systems are upgraded, the City is responsible for the water and sewer service in the street. Protest of Sewer Repair for 246 Floral Avenue – Discussion Property owner Leonardo Vargas-Mendez joined the Board for the discussion of this item. He explained the incident that occurred related to the sewer repair for which he is protesting the bill, and explained that he had been informed that the City was required to make the repairs. Discussion followed on the floor regarding the notification to property owners in the City as to their responsibilities pertaining to water and sewer service. City Chamberlain Parsons stated that Mr. Vargas-Mendez’ bill had already been levied against his taxes and, due to the protest, the Chamberlain had reversed the levy. Extensive discussion followed on the floor regarding Mr. Vargas-Mendez’ extenuating circumstances and the Board’s handling of appeals on a case-by-case basis. The Board agreed to remove the penalties from the account. Request to Discontinue Use of City Property from Fall Creek Associates – Discussion This item was not discussed. Dredging of Barge Canal & Flood Control Channel and BPW Recommendation of Upland Disposal Site – Discussion This item was not discussed. ADMINISTRATION AND COMMUNICATIONS Approval of the March 17, 2010, and April 14, 2010 Board of Public Works Meeting Minutes – Discussion and Resolution This item was not discussed. BPW Special Committee – Discussion This item was not discussed. ADJOURNMENT On a motion the meeting adjourned at 7:37 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor