HomeMy WebLinkAboutMN-BPW-2011-05-25BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. May 25, 2011
PRESENT:
Vice Chair Jenkins
Commissioners (5) - Wykstra, Acharya, Warden, Goldsmith, Morache
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
EXCUSED:
Mayor Peterson
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Gray noted that a substitute resolution had been provided for item 8.5A entitled
“Award of Bid for a New Compact Rough Terrain Telehandler”, that City Attorney
Hoffman provided a resolution for item 8.2A entitled “Determination as to the Status of
“Woodcock Street” and Valentine Place Extension”, and that additional information
regarding tree lawn maintenance was distributed to Board members at the start of the
meeting.
MAYOR’S COMMUNICATIONS
There were no communications from the Mayor as she was out of town at the New York
Conference of Mayors.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD
Tom Hanna, City of Ithaca and member of “Friends of Newman Golf Course”,
addressed the Board regarding concerns to preserve and enhance the golf course.
Membership is low and due to the poor weather this Spring the course has not been
used, so one-third of the season has been lost, which affects revenue. The Friends of
Newman Golf Course would like to work with the City to promote the golf course and
encourage its use. He also extended thanks and appreciation to Asst. Supt. Benjamin
and his staff for the work they have done to keep the golf course in such great shape.
Jon Parmenter, City of Ithaca and Secretary for the Ithaca Babe Ruth Youth League,
addressed the Board to encourage their support for the league’s request to modify the
backstop on field #8 at Cass Park. The league has been working with Jim D’Alterio at
Cass Park on the proposed improvements which will enhance the appearance of the
field for the upcoming Babe Ruth tournament. He noted that money for the renovations
has been raised through donations.
Ellen McCollister, Third Ward Alderperson, addressed the Board on behalf on a
constituent who has concerns about the very badly deteriorated road condition on the
100 block of Eastwood Avenue.
Garrick Blalock, City of Ithaca, addressed the Board regarding the poor condition of
Cobb Street with suggestions for how the City should proceed with its maintenance, and
requested that it stop using cold patch asphalt in an effort to fill the potholes as it does
not last.
RESPONSE TO PUBLIC
Commissioner Warden responded to comments made about the City’s golf course and
a brief discussion took place between the Board, Tom Hanna, Asst. Supt. Benjamin,
and Supt. Gray. Supt. Gray reminded the Board that the City is bound by the 2011
budget that is in place for the golf course, and knows that there will be a problem on the
revenue side as the City tries to balance its budget.
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May 25, 2011
Supt. Gray responded to comments about the poor condition of Cobb Street. He stated
that the condition of this road is the result of ten years or so of not providing routine
maintenance on City streets as required. He further stated that Cobb Street requires a
complete rebuild. He further noted that Common Council makes the decision about
what should be included in the Department of Public Works annual budget and that they
need to know what will or will not be able to be done within that budget, which affects
maintenance of streets.
Commissioner Goldsmith asked when or who decides where sidewalks should be
installed. Supt. Gray explained how and when sidewalks get constructed, and noted
that property owners are responsible for the cost – whether they get a private contractor
to do the work or they have the City do the work.
Commissioner Wykstra noted that it is important for the Town of Ithaca to coordinate
their development projects with the City as they impact the infrastructure of the City.
REPORTS
Board Liaisons
Commissioner Acharya provided Board members information on topics that the
Planning and Development Board has been discussing.
Superintendent and Staff
Asst. Supt. Benjamin reported that work on the 700 block of West Court Street began to
repair catch basins and will be re-paved in short sections at a time so as to limit the
amount of disruption that it causes to businesses. He further stated the repaving work
was completed on the 100 block of West State Street, but it was difficult due to all the
recent rain. Crews have also been doing concrete repair/patch work on the Commons
as well. He stated that the Hangar Theatre has requested the City’s assistance to do
some repair work because of recent flooding there.
Asst. Supt. Whitney reported that work on East Seneca Street is being done between
6:00 p.m. and 4:00 a.m. in order to cause the least disruption to traffic and businesses.
Once the water and sewer work is complete there, the street will be repaved. He stated
that vibrations from the machinery used in the water and sewer repair work has caused
other water mains in the vicinity to leak and require replacement as well. He further
reported that on June 1, 2011 from 9:00 a.m. to 1:00 p.m. Meadow Street northbound
will be narrowed down to one lane as work is done on the Buffalo Street pumping
station. This will cause major traffic delays as this is where the highest vehicle counts in
the City have been noted.
Supt. Gray reported that the Seneca Street Parking Garage will be closed for 5-10 days
beginning June 20th. He stated that this will require a lot of public notice, and education
as to the why and when of the work, and arrangements that have been made with the
Green Street and Cayuga Street garages to provide temporary parking for those with
parking permits at the Seneca Street parking garage that are being displaced by the
repair work.
HIGHWAYS, STREETS, AND SIDEWALKS
Determination as to the Status of “Woodcock Street” and “Valentine Place
Extension”
By Commissioner Acharya: Seconded by Commissioner Warden
WHEREAS, various City maps and other historical documents show or describe certain
short, dead-end streets referred to as “Valentine Place Extension” and “Woodcock
Street,” located to the south of East State/Martin Luther King, Jr., Street, in the City of
Ithaca; and
WHEREAS, certain components of a development project proposed for a 16.4-acre site
on East Hill, known as “Collegetown Terrace,” would occupy parts of what are known as
Valentine Place Extension and Woodcock Street; and
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May 25, 2011
WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project
(John Novarr, through certain legal entities under his control), who owns most of the
site, commenced “quiet title” proceedings in the New York Supreme Court, for Tompkins
County, seeking exclusive title to Valentine Place Extension and Woodcock Street,
respectively, based on the doctrine of adverse possession; and
WHEREAS, said proceedings named as defendants certain persons who were former
owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock
Street or who may have had an interest in the streets themselves, but did not name the
City of Ithaca, nor was the City directly notified of these proceedings; and
WHEREAS, the Court awarded judgment (i.e., “sole and complete possession”) in both
actions to Mr. Novarr, essentially by default, as a result of the non-appearance of any of
the named defendants; and
WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the
history and current status of Valentine Place Extension and Woodcock Street, to
determine whether either of them was or is a City street, whether the City owned either
of them, and/or whether the public retains any rights in them; and
WHEREAS, title research conducted by the City’s special counsel (David A. Tyler,
Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal
opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011;
and
WHEREAS, Attorney Tyler concluded that “it is doubtful the City now retains any rights
it may have once possessed [in the 185-foot-long Valentine Place Extension],” but that
a right-of-way across the 80-foot-long, so-called “stub” of Woodcock Street (as it runs
westerly from Valentine Place), acquired by the City in 1922, was never conveyed by
the City to subsequent owners of the surrounding property (including Mr. Novarr’s
entities), and therefore is still held by the City (and shared with the adjoining owner);
and
WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler’s conclusions regarding the
status of Woodcock Street and any public rights therein, and seek the immediate
issuance of a building permit for the proposed Collegetown Terrace building (“#3”) that
would encroach (relatively slightly) upon a portion of the City’s claimed Woodcock
Street right-of-way; and
WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this
situation, without the costs and risks of litigation, if possible; and
WHEREAS, the Superintendent of Public Works has indicated that the City does not
rely upon the use of Valentine Place Extension or Woodcock Street for any essential
public works functions; that Valentine Place itself (north of Valentine Place Extension)
can be maintained and treated as a City street whether or not the City retains or asserts
rights in Woodcock Street or Valentine Place Extension – provided that a feasible “turn-
around” opportunity for City snowplows or other vehicles is available at or near the
south terminus of Valentine Place, which it is, per the approved design of internal
circulation for Collegetown Terrace and with the consent of its owner; and that for at
least the past 20 years, Valentine Place Extension and Woodcock Street have not
functioned as or been treated as City streets; and
WHEREAS, the developer asserts that since the 1980s he has continuously maintained
what he refers to as the “driveways” that constitute Valentine Place Extension and
Woodcock Street, and will continue to do so as the Collegetown Terrace project is
constructed and in operation; and
WHEREAS, the City of Ithaca does not maintain an “Official Map” which designates
established City streets; and
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May 25, 2011
WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place
Extension) is owned by the developer of the Collegetown Terrace project, and the City’s
conveyance of any rights it may retain in either of said streets would not leave any
parcels without public street frontage or render them non-conforming, nor would it affect
any property owners other than Mr. Novarr; and
WHEREAS, clarification of the ownership of the areas known as Valentine Place
Extension and Woodcock Street, in favor of the adjoining property owner, would
definitively relieve the City of any future responsibility or liability for maintenance or
repair of these areas; now therefore be it
RESOLVED, That the Board of Public Works hereby finds that:
a. based on the practice and experience of the past 20 years or more, the
so-called Valentine Place Extension and Woodcock Street do not
qualify as City streets;
b. from a public works standpoint, the City of Ithaca does not need to have
or maintain rights in or control of any part of Valentine Place Extension
(i.e., land that is to the south of the City street known as Valentine
Place, as that land is described in the first Supreme Court proceeding
referenced above, Index No. 09-1410), or Woodcock Street (i.e., land
that is to the west of Valentine Place, as that land is described in the
second Supreme Court proceeding referenced above, Index No. 2010-
0742); and
c. from a public works standpoint, any such rights are and should be
treated as surplusage;
and be it further
RESOLVED, That the Board indicate to the Common Council that the Board has no
objection to the City’s conveyance of whatever rights it may possess in Valentine Place
Extension or Woodcock Street.
City Attorney Hoffman explained the background history regarding rights in what
appeared to be city streets on various maps. He further explained how this project
impacts the area, the two streets in question, and how the developer got claim to them.
He stated that a building permit is being held up because of the situation described in
this resolution, and that this request would be on the City Administration Committee
agenda this evening as well. The approval of this resolution would resolve the problem
and allow development to proceed, with the role of Common Council to convey any city
property rights after the Board of Public Works provides its recommendation. He further
noted that the quit claim title clarifies who owns what, and the issue is that the City was
not invited to participate in that process.
Supt. Gray explained that the existing site plan has met the City’s needs for the past
twenty years, and as long as the property owner and city agree to terms and layout, he
is supportive of the request. He also noted that the Ithaca Fire Department supports the
request as well.
Discussion followed on the floor regarding the Board’s receipt of the resolution at the
meeting with no time to review it beforehand, and the fact that a map would have been
useful as well. City Attorney Hoffman responded that he understands the Board’s
discomfort and that discussions were taking place between the city and property owner
up until early this afternoon.
John Novarr, property owner, addressed the Board to note that the City should be
happy to get rid of this liability, and that he will take over complete maintenance of the
area for City, which he has actually been doing since 1987, as well as paying taxes on
the property. He doesn’t feel that there is any possible use the City could have for the
streets.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
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May 25, 2011
Approval of Decorative Chain in Front of Monuments in DeWitt Park
The City Attorney is waiting for the church to provide some requested information.
Motion to Remove from the Table:
By Commissioner Acharya: Seconded by Commissioner Goldsmith
RESOLVED, That the substitute “Award of Bid for a New Compact Rough Terrain
Telehandler – Resolution” be removed from the table for further review and discussion.
Award of Bid for a New Compact Rough Terrain Telehandler – Resolution
WHEREAS, bids were received on April 19, 2011, for one new Rough Terrain
Telehandler, and
WHEREAS, staff has reviewed the bids and determined that the lowest bid machine
does not meet all specifications, and
WHEREAS, staff has concluded that the exception related to the hydraulic pump should
not exclude the low bid, since the bid specifications were expanded to allow bidding by
the lower horse power variable pressure pump machine which was not the low bid, and
WHEREAS, staff recommends that the Board of Public Works award the bid to the
lowest bidder, now therefore be it
RESOLVED, That the Board of Public Works awards the bid of the Rough Terrain
Telehandler to Liftech Equipment Companies of 6847 Ellicott Drive, East Syracuse, NY
13057 for their total bid of $56,458, which includes the optional bucket, and be it further
RESOLVED, That the Board requests that the City Controller transfer $2,458 from
account F8330-215 to account F8330-225 to cover the purchase of the machine.
Amending Resolution:
By Commissioner Wykstra: Seconded by Commissioner Goldsmith
RESOLVED, That the second whereas clause be amended to read as follows:
“WHEREAS, staff has reviewed the bids and determined that the lowest bid machine
does not meet all original specifications, and”
Carried Unanimously
Main Motion as Amended:
A Vote on the Main Motion As Amended Resulted As Follows:
Carried Unanimously
DISCUSSION ITEMS
Appeal of Snow Removal Bill for 205 Thurston Avenue – Discussion
Supt. Gray explained that the DPW cleared and salted the sidewalk at 205 Thurston
Avenue on February 10, 2011, two days after a modest snowfall and a week after more
significant snowfall. The property owner has protested the bill. Supt. Gray further
explained that when he questioned Streets and Facilities they provided photos of the
sidewalk in question. City staff explained that hard packed snow was cleared and salt
added which improved the walking surface markedly. Supt. Gray believes the question
for the Board is the quality of walking surface that is expected of the property owners to
maintain. The code says it should be "free and clear (or substantially clear in another
location) of snow, ice and other obstructions...."
Supt. Gray stated that the owners paid the bill, but protested it, and he wants to be able
to respond to that appeal.
The Board requested that Supt. Gray provide a resolution that denies the appeal for
their consideration at the June 8, 2011 Board of Public Works meeting.
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May 25, 2011
Curb Lawn Gardens
Supt. Gray explained that in a preview discussion of this item, a few Board members
expressed concerns about visibility issues associated with plantings in curb lawns. The
only regulations he is aware of that is directly related to that are the provisions in
Section 325-17 of the City Code. He further stated that Executive Assistant Gehring
spent time looking through other small municipalities’ codes, some don’t allow them,
and some do allow more ornamental approaches to the curb lawn gardens.
Extensive discussion followed on the floor regarding different approaches that could be
taken to address complaints about tall plantings that reduce visibility for motorists, and
interfere with on street parking and access to the nearby sidewalk. It was felt that overall
there are very few gardens in the City where height and visibility are problems, and that
in some cases parked cars pose more a problem for visibility than plantings. The Board
felt that there isn’t a need right now to add to or put into effect requirements for curb
lawns. It was also felt that a lot of curb lawn gardens add a lot of beauty to different
areas of the City. The Board also felt that, where possible, neighbors should address
concerns about curb gardens with the property owner and try to resolve issues that way.
They also recognized the fact that in doing that there may be safety concerns, and that
caution should be used. Discussion also followed on the floor regarding whether or not
public service announcements regarding guidelines for curb lawn gardens might be
helpful.
Request to Allow Goats on the Commons
Supt. Gray explained that the Downtown Ithaca Alliance has requested permission for
two baby goats on the Commons on June 9th as part of a celebration planned for the
175th anniversary of the Tompkins Trust Company. He stated that these kinds of
requests have been granted and successfully handled in the past by the requirements
provided as part of the Special Events Committee oversight.
Vicki Taylor, from the Downtown Ithaca Alliance, joined the Board for the discussion of
this request. She stated that the goats would be kept in a small pen during the event
and that the staff of the Downtown Ithaca Alliance would be responsible for all clean up
after the event. She noted that in the past they have been given permission to have
reindeer, cows, and ponies on the Commons for various events. Supt Gray stated that
in the past, the City has had great cooperation from the Downtown Ithaca Alliance when
hosting special events of this type. He further stated that as long as the Board is in
support of the request that he could handle it administratively.
The Board expressed their support for the request, and noted that it sounds like a fun,
and enjoyable event for the public.
Cal Ripken Field 8 Backstop Modification
Supt. Gray explained that the Ithaca Babe Ruth League would like to upgrade the
backstop on Field 8 (south west field) prior to a July tournament they will be hosting. He
stated that the request has gone before the Parks Commission who were supportive.
Jon Parmenter, Secretary for the Ithaca Babe Ruth League, and Jim D’Alterio,
Recreation Supervisor at Cass Park, joined the Board for the discussion of this topic.
City Attorney Hoffman questioned whether the batting cage at the ball field is open to
the public when not in use by the league. Mr. Parmenter responded that it is open and
accessible to the public between April and August, and that at the end of the season it is
closed. City Attorney Hoffman further questioned if there would be any liability issues for
the City with the use of the batting cage. Mr. Parmenter responded that the league has
full liability insurance coverage for the season with both the City of Ithaca and Town of
Ithaca. He will check with their insurance agent to make sure they have adequate
coverage, and noted that the new backstop will greatly reduce the number of claims
resulting from flying balls going into the parking lot and damaging vehicles.
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May 25, 2011
Discussion followed on the floor regarding when the league would like to install the
backstop, what materials will be used, and how construction will be done. Recreation
Supervisor D’Alterio expressed his support for the request as well.
The Board expressed their support for the request, and Supt. Gray noted that he would
handle it administratively and work with the league to make sure there is adequate
liability insurance coverage.
Mr. Parmenter thanked the Board for their time and support for the league’s request.
Cornell Bridge Means Restriction – Update
Supt. Gray reported that Cornell is preparing to submit its recommendation to Common
Council for their Means Restriction project by May 31, 2011, in accordance with the
Common Council resolution which allowed temporary barriers to be installed under
emergency conditions.
This item was not discussed and will be placed on a future agenda.
No Left Turns at Aurora/Prospect Street Intersection – Update
This item was not discussed.
Water Supply Project
This item was not discussed.
ADJOURNMENT:
On a motion the meeting adjourned at 7:00 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor