Loading...
HomeMy WebLinkAboutMN-BPW-2011-01-19BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. January 19, 2011 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Wykstra, Acharya, Warden, Goldsmith 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 Traffic Engineer – Logue EXCUSED: Assistant Superintendent of Water and Sewer – Whitney DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested the addition of item 7.3 entitled “Appointment of Board of Public Works Vice Chair for 2011”: No Board Member Objected. MAYOR’S COMMUNICATIONS Mayor Peterson reported that she was out of town last week visiting family in Arizona. She noted that it was a very tragic week with the shooting of Arizona’s Representative, Gabrielle Giffords, who was shot in the head in an assassination attempt and mass shooting that killed six and wounded 13 at a Safeway grocery store in Tucson on January 8. The congresswoman is the only person still hospitalized after the attack. Commissioner Goldsmith stated that Ms. Giffords had attended Cornell University, and that he knew her personally. He, as well as other Board members, expressed their hope for the best for her recovery. The Mayor asked Board members to “brainstorm” areas that had been discussed in the past, but never completed so they can be added to future agendas for discussion and review. She listed the following as some areas that she is interested in revisiting: • the golf course issue and the need to fill the vacant management position • sidewalks • water plant update • Dragon Boat representative has already inquired as to what will be decided regarding the use of city docks for the annual Dragon Boat Festival (their season license for 2010 has expired). Mayor Peterson reported that at recent department head meetings staff are reporting on work accomplished in 2010 and goals for 2011. She suggested that Supt. Gray provide a report to the Board on the same at their next meeting. Mayor Peterson made the following statement to the Board: “For many years now, I have been suggesting a review of the city charter and code. In fact, before I became mayor, former Mayor Nichols was urging the same. As you know, the charter and code group formed a subcommittee, with my support, to examine the BPW sections of the charter as it is a rather large one. The subcommittee includes representatives from BPW and the superintendent. It has been very interesting and challenging to hear from managers or mayors in writing or by interview from cities such as: 2 January 19, 2011 Jamestown Cortland Rochester New Rochelle Kingston Kathy Gehring is doing terrific work on the overlaps and conflicts in the code and charter between BPW and CC. Next we will look at work areas under the BPW to understand whether that work falls best under CC or BPW or administratively. You need to know that the BPW is not being singled out. For example, the Board of Fire Commissioners, who has a large portion of the charter, will also be examined, by their request. The very basic reasons, and responsibility, to do this work is laid out in a publication from the NYS Department Of State.“Revising City Charters in New York State”. They do stress, in their introduction, that even though a charter may not be so obsolete as to present dilemmas of conscience, revision may well lay the basis for improved governmental operations and a good charter should provide a clear distribution of the powers of city government and clear descriptions of the duties and powers of municipal officials. Charter revision can result in improved city government organization and operations and reconsideration of governmental structure can result in elimination of costly, unproductive positions. This work will fit perfectly with the call from the new governor regarding efficient government, which will likely be tied to state aid allocations. I just wanted to acknowledge that I have read some comments regarding disagreement about reviewing our charter in relation to the BPW. A formal response will come later.” Commissioner Wykstra noted that he believes that there is money available from the New York State Department of State which would go towards setting up a charter revision committee as prescribed in their booklet. This booklet which the Mayor has mentioned is available on line from New York State Department of State. Mayor Peterson asked whether he knew if there was money available in 2011. Commissioner Wykstra responded that he would look into that as it is unclear at this point what funds are available from the State. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD John Efroymsom, City of Ithaca, addressed the Board regarding the proposed redesign of the intersection at Prospect and Aurora Streets. He encouraged the Board to consider a redesign that would take land away from a parking lot rather than from a private property owner’s yard. He also suggested that the City consider signage at the intersection that would indicate that left turns are prohibited. John Graves, City of Ithaca, addressed the Board regarding the proposed redesign of the intersection at Prospect and Aurora Streets. He supports the proposal of Mr. Efroymsom to consider installation of signage that would indicate no left turns and possibly a sign that indicates right turns only. He further encouraged the Board to keep the bicycle lane and reconstruct the sidewalk to enhance pedestrian safety. Pam Mackesey, City of Ithaca, addressed the Board regarding the proposed redesign of the intersection at Prospect and Aurora Streets. She encouraged the Board to solicit as much input about the project from residents of South Hill, to consider the low cost option of the noted signage, and to consider the taking of land from a parking lot rather than a private property owners’ yard. 3 January 19, 2011 RESPONSE TO PUBLIC Commissioner Acharya responded to comments made regarding the redesign of the intersection of Prospect and Aurora Streets. He noted that he was also going to suggest signage that would indicate no left turns here. He expressed concern about the small options for travel to South Hill for residents, and suggested that Aurora Street be converted to two-way traffic to accommodate travel from downtown to South Hill. Commissioner Goldsmith expressed his support for the proposals regarding posting signage prohibiting left hand turns. He further noted that the natural geography of Ithaca makes travel to and from downtown difficult because of the many hills. He noted that it is difficult to travel to and from West Hill as well. Commissioner Wykstra thanked the speakers for coming to the meeting and noted that he would take into consideration the comments that were made regarding alternatives for the intersection at Aurora and Prospect Streets. REPORTS Mayor Peterson reported that there is a Special Common Council meeting at 6:45 p.m. tonight at which a few appointments to boards and committees will be made. She stated that Commissioner Acharya has agreed to serve on the Planning Board as the Board of Public Works Liaison. This is a big time commitment and she and the Board expressed their appreciation to Commissioner Acharya for volunteering to serve in this capacity. Asst. Supt. Benjamin reported to the Board that crews had been busy with snow removal and the city had to purchase salt for the first time this winter. He then reported on the pay and display stations that have been loaned to the City by the vendor with whom the city has been working with on this parking equipment. The City has on loan two stations to test run which are currently set up with two at the parking lot near the Community School of Music and in the Green Street garage surface lot. Extensive discussion followed on the floor regarding the current pay and display stations in use, how the loaners are different from the ones in use by the city now, whether the City should consider purchasing the loaners, and the methods by which parking fees can be collected at the newer pay stations and how that would affect parking revenues for the City. Asst. Supt. Benjamin explained how sophisticated some of the pay and display stations can be and his findings from other municipalities which use the same type of pay stations at their parking facilities. Supt. Gray reported that the City had received an award from the Ithaca Times annual “Best of” survey in which Stewart Park was named as the number one park in the City of Ithaca for 2010. He further reported that the city is undertaking a keyless entry project for City Hall, to be followed by other city buildings which will assist in limiting access to city buildings to authorized staff only. APPROVAL OF MINUTES: Approval of the December 22, 2010, Board of Public Works Meeting Minutes - Resolution By Commissioner Goldsmith: Seconded by Commissioner Warden RESOLVED, That the minutes of the December 22, 2010 Board of Public Works meeting be approved with noted corrections. Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Warden RESOLVED, That second paragraph on Page 3 after the resolution be amended to read as follows: “Mayor Peterson noted that, as a member of Common Council, she would abstain from voting on the resolution since it recommends a change to the 2011 budget that Common Council will need to consider.” 4 January 19, 2011 Ayes (5) Wykstra, Goldsmith, Jenkins, Warden, Peterson Nays (0) Abstentions (1) Acharya Carried Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Jenkins RESOLVED, That the last paragraph on Page 2 be amended to read as follows: “A brief discussion followed on the floor during which Commissioner Wykstra announced that he did not wish to be reappointed, that he would continue to serve under the terms of the Charter, and that he wished to be replaced before a viable and willing commissioner is replaced, and regarding Board members whose terms will expire at the end of the month, their current involvement and work as liaisons with various boards and committees, their desire for reappointment, and the Mayor’s plans to either reappointment or replace them.” Ayes (5) Wykstra, Goldsmith, Jenkins, Warden, Peterson Nays (0) Abstentions (1) Acharya Carried Main Motion as Amended: A Vote on the Main Motion as Amended Resulted as Follows: Ayes (5) Wykstra, Goldsmith, Jenkins, Warden, Peterson Nays (0) Abstentions (1) Acharya Carried ADMINISTRATION AND COMMUNICATIONS Nomination of Board of Public Works Vice Chair for 2011: Commissioner Goldsmith nominated Commissioner Jenkins for Vice Chair of the Board of Public Works for 2011; Commissioner Acharya seconded the nomination. Appointment of Board of Public Works Vice Chair for 2011: By Commissioner Goldsmith: Seconded by Commission Acharya RESOLVED, That Commissioner Claudia Jenkins be appointed as the Vice Chair of the Board of Public Works for 2011. Ayes (5) Wykstra, Goldsmith, Warden, Peterson, Acharya Nays (0) Abstentions (1) Jenkins Carried HIGHWAYS, STREETS, AND SIDEWALKS: Award of Contract for Professional Services for Reconstruction of Stewart Avenue – Capital Project 728 – Resolution By Commissioner Wykstra: Seconded by Commissioner Warden WHEREAS, proposals were solicited for professional engineering and design services, for the reconstruction of Stewart Avenue, and four proposals were received and reviewed, and WHEREAS, staff recommends award of a contract for such professional services to Delta Engineers, Architects and Land Surveyors of Endwell, NY, for a not-to-exceed fee of $224,960.00, and 5 January 19, 2011 WHEREAS, while, according to City and State environmental review laws, the reconstruction of Stewart Avenue appears to be either an unlisted or a Type II (exempt) action - depending on the scope of the project once there is an actual, proposed design for it, the design phase itself (which consists of “engineering studies…and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action…[which] do not commit the agency to commence, engage in or approve such action”) falls within at least one of the types of actions defined as Type II, and therefore does not require environmental review at this time; now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for Professional Services for the Reconstruction of Stewart Avenue to Delta Engineers, Architects and Surveyors of Endwell, NY, for its not-to-exceed fee for services of $224,960.00, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, upon the advice of the City Attorney, and that the Superintendent of Public Works be and hereby is authorized to administer the same. In response to a question, City Attorney Hoffman explained that in a resolution, the language of a WHEREAS clause is less compelling than the RESOLVED clauses. Here, in the last WHEREAS, the idea was to use actual CEQRO language to explain why this is being treated as a Type II action. The parenthetical indicates which category on the Type II list this action falls into. This contract involves study and preliminary planning needed to determine what the scope for the actual, proposed project will be, for approval at a later date. This design stage does not commit the City to any particular future project. Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Wykstra RESOLVED, That the third Whereas clause be amended to read as follows: “WHEREAS, the reconstruction of Stewart Avenue appears to be either an Unlisted or Type II exempt action, it does not require environmental review at this time.” Commissioner Goldsmith stated that does not contradict anything that the City Attorney said; it simply leaves most of that elaboration/explanation out. One can go look at CEQR and see what section this would refer to which would be the section that deals with reviews preliminary to decisions about construction. He further stated that if the Board has so much verbiage in these things that it has to explain everything that has come before, that explains everything that came before that – this resolution is a way of keeping it secret from the public, it is not a way of making it clearer. It has exactly the opposite effect because when one is done reading this they think that some attorney wrote it to keep them from understanding what is going on. He realizes that the City Attorney did not write the clause for that reason, it was written to make it abundantly clear why the Board is doing this. If we say, it is either an unlisted or Type II exempt action, that doesn’t require environmental review at this time, we’ve highlighted what the City Attorney recommended last week - that environmental review should always be considered, but we don’t think it is needed because it is either an Unlisted or Type II action. Commissioner Wykstra expressed his support for a clear and simple whereas clause, but he would like to have the original whereas clause read as part of the main motion so that there can be a contrast between it and Commissioner Goldsmith’s proposed wording. City Attorney Hoffman responded that the problem is that we don’t know yet whether this is a Type II or an Unlisted action. If it is Unlisted, then it requires environmental review, so if you were to make the suggested change, then it no longer works, it doesn’t hang together because you’re saying it is either Unlisted or Type II, and then you’re claiming that “it” doesn’t require environmental review. That is not correct, what he tried to do here is to explain that this is a two-part process, there is the design and then there is the reconstruction itself. It’s clear that the design is Type II, what we don’t know yet is 6 January 19, 2011 whether the reconstruction will be Type II or Unlisted. So, the resolution can’t be broken apart the way it has been proposed and still be consistent with CEQR. As one way to simplify this, you could take out that long parenthetical at the middle, that is educational and it doesn’t need to be there. It doesn’t need to be explained why it is a Type II action, it can just say that it is a Type II action. Supt. Gray stated that the third whereas clause actually looks at the entire reconstruction of Stewart Avenue. As he understands it, the City Attorney agrees that engineering studies don’t require the environmental review, but the third whereas clause refers to the reconstruction of Stewart Avenue, so if one simply inserted the wording “design of the reconstruction” in that first line of that clause, then Commissioner Goldsmith’s version, he thinks, would be valid on its face. He further stated that the City Attorney was correct in that the way the resolution reads now it refers to the entire reconstruction. The City Attorney has said that it may or may not be a Type II action, and the design would need to be done in order to know that. Amendment to the Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Wykstra RESOLVED, That the third Whereas clause be amended to read as follows: “WHEREAS, the design of the reconstruction of Stewart Avenue is a Type II exempt action, it does not require environmental review at this time.” CC Liaison Zumoff asked when it would be appropriate to discuss the use of bricks or asphalt for the reconstruction of Stewart Avenue. Mayor Peterson responded that would be part of the discussion regarding the design of the street and is key to the redesign of the street. City Attorney Hoffman stated the proposed amendment meets the minimum requirement, it does not provide an explanation as to why it is a Type II action that does not need to be provided because that would be explanatory. A Vote on the Amending Resolution resulted As Follows: Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Request for Reserved Parking for People with Disabilities from Kitchen Theater Company – Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has received a petition from the Kitchen Theatre, 417-419 West State/Martin Luther King, Jr. Street, asking for authorization to place two meter bags on two meters in front of the theater on performance days to reserve the spaces for people with disabilities, and WHEREAS, the Kitchen Theatre is in a B-2c Zoning District that does not require any off-street parking and the Kitchen Theatre does not have exclusive control over any off- street parking, and WHEREAS, most of the performance times at the theater are weekends or weekday evenings and are, therefore, outside the normal times of operation of the parking meters, and WHEREAS, temporary meter bags provide more flexibility than permanent signage and therefore should reduce the impacts of reserving on-street parking spaces for people with disabilities on the surrounding land uses, and WHEREAS, the City Transportation Engineer has recommended that the request be granted and the Board of Public Works is willing to try this arrangement as an experiment, now therefore be it 7 January 19, 2011 RESOLVED, That the Board of Public Works hereby grants the request of the Kitchen Theater for the ability to use two (2) meter bags to reserve two on-street parking spaces for people with disabilities for theater performance days, and be it further RESOLVED, That the Kitchen Theater shall be responsible to purchase and maintain the meter bags at their expense, which meter bags shall be approved by the City Transportation Engineer to ensure that the bags have the appropriate wording and symbols and are made of a durable material. Carried Unanimously Request for Reserved Parking for People with Disabilities at St. Paul’s Methodist Church – To Amend the Vehicle and Traffic Schedules to Create Reserved Parking Spaces for People with Disabilities on North Aurora Street along St. Paul’s Methodist Church - Resolution By Commissioner Goldsmith: Seconded by Commissioner Acharya WHEREAS, the Board of Public Works has received a petition from St. Paul’s United Methodist Church, 402 North Aurora Street, to create one additional reserved parking space for people with disabilities (RPPD) on North Aurora Street, and two time limited, RPPD spaces (Sundays only, between 7 a.m. and noon), 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 recommended that the request be granted, and WHEREAS, the Board of Public Works is in agreement with the request and recommendation, now therefore be it RESOLVED, That Schedule XXV, Reserved Parking for People with Disabilities, be amended as follows: Name of Street Side Location Aurora Street West In front of 403 N. Aurora Street Aurora Street West Three (3) spaces closest to the corner of E. Court St along 402 N. Aurora St Aurora Street West Two (2) spaces along 402 N. Aurora St (between the abovementioned three spaces and Cascadilla Creek), which shall be time limited to Sundays Only from 7 a.m. to noon (otherwise not reserved spaces) CC Liaison Zumoff questioned whether approving this request would set a precedent. Since this is a religious institution would the city be required to provide a non-religious entity the same accommodation? Traffic Engineer Logue explained that this is an experiment since there are no metered spaces here and these spaces would be open to anyone, not just a member of the church, to use as long as they had a valid handicap parking permit. Commissioner Warden noted that there is a need for handicap accessible parking and is encouraged by the Board providing this accommodation. Supt. Gray explained that this request is for a mass gathering at a specified time and day. He stated that the rapidly growing aging population makes this need great and the city is attempting this experiment to see how well it works. 8 January 19, 2011 City Attorney Hoffman noted that CC Liaison Zumoff raised a very valid point. He stated that the City cannot favor churches because they are churches. He further stated that the resolution should reflect it is a mass gathering at a specific time. Mayor Peterson reported that the City has received a request from Tompkins County for designated on-street parking spaces in addition to their parking lot on Court Street. She stated that Traffic Engineer Logue is working with Tompkins County Commissioner of Planning, Ed Marx, to provide the City with a written explanation as to why they need this additional parking on the street. Motion to Table: By Commissioner Warden: Seconded by Commissioner Jenkins RESOLVED, That discussion on the resolution be tabled until later in the meeting. Carried Unanimously Motion to Remove from Table: By Commissioner Wykstra: Seconded by Commissioner Warden RESOLVED, That the resolution be lifted from the table for further discussion and consideration. Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Warden RESOLVED, That the last Whereas clause be amended to read as follows: “WHEREAS, the Board of Public Works is in agreement with the request and recommendation for the following reasons: 1. This land use involves a large assembly at particular limited times, 2. The requesting owner has shown that it has a larger number of disabled participants, 3. The requesting owner has shown there is no off street parking required or controlled by land owner now therefore be it” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Appeal of Water Bill for 104-06 Homestead Road – Resolution By Commissioner Warden: Seconded by Commissioner Goldsmith WHEREAS, the change-out of water meters at 104-106 Homestead Road, in the Fall of 2008 during a city-wide change out of water meters, uncovered a discrepancy in the outside register and the actual water meter which had accumulated over a period of ten years, and WHEREAS, an adjusted bill has been calculated by Water and Sewer following a detailed review of the billing history which takes into account the a maximum period of six years for recovering billings, the use pattern of the current property owner as demonstrated in current billings, the number and size of minimum use bills paid at the property during the correction period, produces an adjusted bill of $282.44, and WHEREAS, Mr. Johnson has indicated that he was billed for several figures in the last several years and is currently under the impression he has paid a sum of approximately $889 to cover this expense, now therefore be it 9 January 19, 2011 RESOLVED, That the Board expunges any prior billings related to the adjustments billed against the Water and Sewer Account #1405516100, 104-106 Homestead Road and adopts the calculated adjustment of $282.44 to cover the billable portion of water meter correction, and requests that the Chamberlain calculate the actual refund due the property owner based on a complete review of the billing history, as well as any charges transferred and recovered though the property taxes, and forward the refund to the owner as soon as possible. Ayes (5) Goldsmith, Jenkins, Wykstra, Warden, Acharya Nays (0) Abstentions (1) Peterson Carried City Attorney Hoffman noted that the idea of applying a six-year “statute of limitations” to corrected water and sewer billings (i.e., allowing the City to recover for under-billed charges, for a period going back as much as six years, but not further) is not something he recommended; it was suggested by a former commissioner as a consistent standard for retroactive billings that were being considered at the time, and has been used since. It was noted that prior minutes of the Board do reflect that they approved the six years and why that time was chosen. This is something that should be reviewed and discussed at a future meeting of the Board. Commissioner Goldsmith left the meeting at 6:30 p.m. Widening of Road at the Intersection of Aurora and Prospect Streets – Discussion The possibility of installing signs near and at this intersection that alert drivers that there are no left hand turns allowed during certain times was proposed and discussed. This might be a low cost and effective means to alleviate the problems at this intersection without having to take private property and spend a lot of money for redesign and reconstruction. Supt. Gray noted that a decision as to how the Board wants to proceed with this project needs to be made soon. He said by next week would be good – because of the time involved in the taking of property and working with the State – if the City does want to move forward with the proposed redesign next year. ADJOURNMENT On a motion the meeting adjourned at 6:45 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor