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HomeMy WebLinkAboutMN-BPW-2011-07-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:55 p.m. July 27, 2011 PRESENT: Mayor Peterson Commissioners (5) – Acharya, Goldsmith, Jenkins, Morache, Wykstra OTHERS PRESENT: City Attorney – Hoffman Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Common Council Liaison – Zumoff Executive Assistant – Gehring EXCUSED: Commissioner Warden Superintendent of Public Works – Gray DAC Liaison – Roberts ADDITIONS OR DELETIONS TO THE AGENDA: Mayor Peterson requested the addition of Item 8.4A, entitled “Newman Golf Course Proposed Fees Package,” to the agenda. No Board Member objected. MAYOR’S COMMUNICATIONS: Mayor Peterson reminded the Board of the Special Common Council/Board of Public Works meeting scheduled for August 1, 2011, from 5:00 to 7:00 p.m. to discuss bridge means restrictions and its effect on operations. She stated that public comment would not be allowed at the meeting. Commissioner Wykstra arrived at 5:00 p.m. Public Works Governance Working Group Report: Mayor Peterson reported that a subcommittee of the Public Works Governance Working Group (PWGWG) was formed to specifically review and propose changes to the City’s Charter pertaining to the Board of Public Works. She explained that the subcommittee had met several times and reviewed each clause in the charter to determine whether information in the Charter could be either moved to another location in the City Code or deleted. She further explained that the working group was determining whether any of the responsibilities currently assigned to the Board could be more effective as administrative or staff responsibilities. Discussion followed on the floor regarding requirements for changing a city charter and the possible underlying reasons for the charter review. Commissioners Goldsmith and Wykstra objected to the current review process. Mayor Peterson explained that because the language of the current charter was archaic, the working group was only cleaning up the language. She stated that the PWGWG did not preclude a Charter Review Commission, and any changes made to the charter would be very small. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: George McGonigal, First Ward Alderperson, addressed the Board to relay some information from residents in the First Ward. He thanked the Department of Public Works for their work to repave Hopper Place. He noted that a number of residents on Hector Street were unhappy about the new “No Parking” signs on the west side of the street; and expressed displeasure regarding the remediation of the TCE contamination on South Hill. He stated that air and soil testing should be required by New York State Dept. of Environmental Conservation (NYSDEC), and noted that the City should stand behind the residents of South Hill, and their concerns. Kristin Beierle, Turner Place resident, addressed the Board regarding the remediation of TCE on East Spencer Street. She read a petition that was signed by 88 neighborhood residents. Board of Public Works Page 2 July 27, 2011 Regular Meeting Bill Beirle, Turner Place resident, explained the residents’ concerns regarding the TCE remediation on South Hill and the proposed vent stack. He stated the residents wanted to ensure that the area’s air quality would not be affected by the vent stack. He noted that the residents were not attempting to hold up the project, but wanted some assistance from the City in getting answers to their questions. Tracey Schutz White, Spencer Street resident, addressed the Board to express her opposition for the proposed TCE remediation on South Hill. She stated that the NYSDEC had very outdated information regarding the neighborhood, and she requested assistance from the City to ensure more up-to-date information was provided to them in order to make informed decisions. Tom Hanna, Friends of Newman Golf Course, thanked Mayor Peterson for bringing attention to the needs of Newman Golf course. He explained that members of the golf course would like to test some proposed promotions and submit sales data to Asst. Supt. Benjamin. He noted that membership and greens fee revenues are considerably lower than they should be at this time of year. RESPONSE TO THE PUBLIC: Commissioner Goldsmith addressed the public and expressed his concern that residents from South Hill had not raised their objections to the proposed TCE remediation project until now. City Attorney Hoffman explained that the current plan for excavating the soil was only recently made available to the Community Advisory Group. Community Advisory Group Co-Chairs Ken and Regina Deschere joined the Board for a discussion about the proposed TCE remediation on South Hill. Mr. Deschere stated that the residents first received documents and information about the proposed remediation in June 2011, where the vent stack was referred to as a light post. He further explained that the information they were provided with implied the vent stack was already approved by NYSDEC. He further noted that residents were told that once the TCE reached the air, it volatilizes and goes away. He expressed concern and doubt that the small turbine at the top of the vent stack would ensure the TCE would be drawn out of the vent and completely dispersed. Discussion followed on the floor regarding the information that had been provided to South Hill residents, and possible future soil testing to ensure the vent stack is actually working. REPORTS: No reports were provided. ADMINISTRATION AND COMMUNICATIONS: Budget Discussion/Update: This item was not discussed. VOTING ITEMS: Buildings, Properties, Refuse and Transit: Recommended Approval of Easement for Emerson Power Transmission (EPT) Vent Stack (Re: South Hill Remediation Program) – Proposed Resolution By Commissioner Acharya: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above- referenced parcel, in the southerly portion thereof; and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and/or solvents from the former Morse Chain and National Cash Register facilities, and the Therm, Inc., facility, all of which are located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and/or vapors remain in the surrounding soil; and WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Board of Public Works Page 3 July 27, 2011 Regular Meeting Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to allow vapors to enter a passive-ventilation system along a 300-foot-long section of said sewer main, via a new, perforated pipe to be installed parallel to the old sewer main, and to be vented through a 25-foot-tall stack to be located on the above-referenced City-owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack (including protective bollards); and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, the Board has received and considered written comments on this request from the City’s Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above-referenced parcel is currently developed with a small, gravel-based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City-owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; and WHEREAS, Chapter 170 (“Use of City Real Property”) of the City Code stipulates that “the authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council’s approval; now therefore be it RESOLVED, That the Board of Public Works hereby determines that the use of the subject City-owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefor, will serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future; and be it further RESOLVED, That, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, and b. confirmation of the the City’s having legal authority to revoke any rights of a third party, pursuant to a city-issued license or permit, to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Board of Public Works hereby endorses the request from EPT for temporary and permanent easements across the City-owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and recommends to the Common Council that the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, be authorized to execute an easement instrument that includes standard City provisions, as well as the following: 1. Consideration to be paid by EPT to the City in the amount of at least $2,000 (or 100 square feet of permanent easement area); 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; Board of Public Works Page 4 July 27, 2011 Regular Meeting 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed approximately 100 square feet, to be located as close as possible to the southeast corner of the parcel, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Functionality of the passive-ventilation system will not be altered without City consent; 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. EPT to provide City with timely copies of any performance reports EPT is required by NYSDEC to file, regarding the passive-ventilation system; 10. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 11. To maintain easement, EPT must submit to City, on or by every 10-year anniversary of the execution of this easement, a summary report of system performance and statement of continuing need. Failure to submit such report/statement within 6 months of said anniversary shall constitute grounds for revocation of the easement by the City; 12. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it; and 13. Upon termination of the easement for any reason, EPT shall be responsible, at its sole cost, for removal of vent stack, in-ground foundation elements (not including the 300’ perforated pipe), any other above-ground elements of the passive-ventilation system, and for restoration of the affected area. City Attorney Hoffman explained that any conveyance of an easement must be approved by Common Council; however, it was appropriate for the Board of Public Works to make a recommendation to Common Council. Discussion followed on the floor regarding air quality testing during remediation and testing indoor air quality. WSP Environmental representatives Kevin Sullivan and Scott Peterson joined the Board for the discussion of this item. Mr. Sullivan explained that the Department of Health and Department of Environmental Conservation would monitor air quality in the area during the remediation process. Further discussion followed on the floor regarding a possible NYSEG easement, a letter received from Department of Environmental Conservation, and the location of the vent stack designed by Emerson engineers. Asst. Supt. Benjamin arrived at 5:55 p.m. Traffic Engineer Tim Logue noted that construction to install the required pipes under the sidewalk was expected to begin on August 8, 2011. He stated that a letter should be sent to the residents explaining the construction impacts to the neighborhood. Upon question, Mr. Peterson stated that air quality testing would be performed at the vent stack and up the street from the stack. Amending Resolution: By Commissioner Acharya: Seconded by Commissioner Morache RESOLVED, That a new provision be added in the last Resolved clause between number eight and nine to read as follows: Board of Public Works Page 5 July 27, 2011 Regular Meeting “EPT to maintain a schedule of quarterly indoor air quality and soil testing with reports to be submitted to the City thereafter;” Ayes (5) Acharya, Morache, Jenkins, Goldsmith, Wykstra Nayes (0) Abstentions (1) Peterson Carried (5-0-1) Main Motion as Amended: A Vote on the Main Motion as Amended Resulted as Follows: Ayes (5) Acharya, Goldsmith, Jenkins, Morache, Wykstra Nayes (0) Abstentions (1) Peterson Carried (5-0-1) Highways, Streets and Sidewalks: Resolution to Direct Sidewalk Construction at 805 South Plain Street with the Intent to Assess a Portion of the Cost through the Uniform Sidewalk Improvement Program By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has received recommendation from the Transportation Engineer to direct sidewalk construction along South Plain Street in Baker Park and in front of 805 South Plain Street, and WHEREAS, the Board of Public Works has received a plan and a cost estimate for the project, and WHEREAS, on June 22, 2011, the Board held a duly advertised public hearing in accordance with Section C-73 of the City Charter, and WHEREAS, costs associated with this project can be apportioned to the abutting property owner under the Uniform Sidewalk Improvement policy in accordance with Sections C-73 and C-89 of the City Charter, now therefore be it RESOLVED, That the Board of Public Works hereby approves and adopts the plan prepared by the Office of the City Engineer and the standard specifications for sidewalk in front of 805 South Plain Street, and be it further RESOLVED, That the Board of Public Works directs that sidewalks be constructed by City forces in front of 805 South Plain Street in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works. Traffic Engineer Tim Logue and Junior Transportation Engineer Kent Johnson joined the Board for the short discussion held on the floor regarding the installation of the sidewalk adjacent to the private property at 805 South Plain Street. A Vote on the Resolution Resulted as Follows: Carried Unanimously Declaration of Lead Agency Status for the Environmental Review of the Route 13 Pedestrian Crossings at Third Street and Dey Street – Resolution By Commissioner Goldsmith: Seconded by Commissioner Acharya WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 of the City Code, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, SEQR and CEQR both provide for an uncoordinated review for “Unlisted” projects that involve more than one agency, and Board of Public Works Page 6 July 27, 2011 Regular Meeting WHEREAS, the proposed construction of the Route 13 Pedestrian Crossings at Third Street and Dey Street is a “Unlisted” action under SEQR and is an “Unlisted” action under CEQR; now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare itself lead agency for the environmental review of the proposed construction of the Route 13 Pedestrian Crossings at Third Street and Dey Street. Carried Unanimously Environmental Review for the Route 13 Pedestrian Crossings at Third Street and Dey Street Project – Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has declared itself to be the lead agency for the environmental review for a project (“the Project”) entitled “Route 13 Pedestrian Crossings of Third Street and Dey Street” in accordance with Section 176 of the Ithaca City Code (CEQR) and in accordance with Article 8 of the New York State Environmental Conservation Law (SEQR), and WHEREAS, the Project contains two pedestrian connections across NYS Route 13 from residential neighborhoods in the City to the Farmers Market and Cayuga Waterfront Trail; one connection begins with improving the pedestrian road crossings along Third Street at the Franklin Street and Route 13 intersections followed by a 1,270-foot long shared-use path and sidewalk along Third Street, terminating at the Farmers Market trailhead for the waterfront trail; the other connection begins with improving the pedestrian crossings at the NYS Route 13 and Dey St/Willow Ave intersection followed by a 220-foot long shared-use path along Willow Avenue, terminating at the Cayuga Waterfront Trail along Willow Ave., and WHEREAS, the Project is an Unlisted action according to CEQR and an Unlisted Action according to SEQR, and WHEREAS, a Short Environmental Assessment form was prepared by staff for CEQR and for SEQR, and WHEREAS, on July 27, 2011, the Board of Public Works declared itself lead agency for an uncoordinated environmental review for CEQR/SEQR, and WHEREAS, the Conservation Advisory Council has received a copy of the CEQR/SEQR short forms and a set of plans for the project, and WHEREAS, the Board of Public Works, acting as lead agency, has, on July 27, 2011, reviewed and accepted as complete Short Environmental Assessment Forms Part I and Part II prepared by staff, and Project plans prepared on behalf of the City by Fisher Associates, and other project materials, now therefore be it RESOLVED, That the Board of Public Works determines that the project for Route 13 Pedestrian Crossings at Third Street and Dey Street located in the City of Ithaca will result in no significant negative environmental impact and that a Negative Declaration for purposes of Article 8 of the NYS Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act and that a Negative Declaration for purposes of Section 176 of the City Code be filed in accordance with the City Environmental Quality Review Ordinance. Carried Unanimously Protest of Sidewalk Snow Removal Bill for 505-15 Third Street (Aldi) – Resolution By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, the Board of Public Works has received an appeal of the invoices for sidewalk snow removal at 505-15 Third Street, 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 Board of Public Works Page 7 July 27, 2011 Regular Meeting 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: Proposed Fall Creek Stream Corridor Project – Proposed Resolution: This item was not discussed. Bicycle Boulevards/Neighborhood Greenways This item was not discussed. Vendor Sales of Trash Tags This item was not discussed. ADJOURNMENT: On a motion, the meeting adjourned at 6:55 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor