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Home My WebLink AboutMN-BPW-2010-01-06BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:52 p.m. January 6, 2010 PRESENT: Mayor Peterson Commissioners (4) - Jenkins, Brock, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts Executive Assistant – Gehring Bridge Systems Engineer – Gebre Traffic Engineer – Logue Power to Act – Approval of November 18, 2009 Meeting Minutes – Resolution By Commissioner Tripp: Seconded by Commissioner Brock RESOLVED, That the Minutes of the November 18, 2009 Board of Public Works Voting meeting be approved as published. Carried Unanimously Power to Act – Appeal of Sidewalk Assessment for 122-124 Linn Street By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, MDLD Family Ltd. Partnership, owner of 122-124 Linn Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to that property, and WHEREAS, sidewalk defect notice was sent on June 29, 2007 to the owner, and WHEREAS, Ann Erlich on behalf of the MDLD Family Ltd. Partnership sent a letter dated February 25, 2009, spoke at the public hearing held on March 4, 2009, and sent a follow-up email to appeal the assessment; and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by staff and by Ann Erlich on behalf of the owner regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that city’s contractor completed the sidewalk replacement work, and determines that the owner is responsible for payment; and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 122-124 Linn Street, and be it further RESOLVED, That the total sidewalk assessment including the 25% administrative fee shall remain at $2,147.81. Discussion followed on the floor regarding replacing the word “penalty” with the term “administrative fee.” The Board agreed with the replacement of the words. Commissioner Brock explained the initial assessments for 122-124 Linn Street and 128 Linn Street did not coincide with property lines. She further explained that both properties were reassessed to coincide with their property lines. Further discussion followed on the floor regarding procedural issues related to notification to the property owner of the need to repair the sidewalk. Mayor Peterson stated she would not vote for this resolution due to the City’s inability to prove the property owner was properly notified. Board of Public Works Page 2 January 6, 2010 Committee of the Whole A Vote on the Resolution Resulted as Follows: Ayes (3) – Wykstra, Brock, Jenkins Nays (2) –Tripp, Peterson Abstensions (0) Motion Failed Power to Act – Appeal of Sidewalk Assessment for 128 Linn Street – Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, James W. Carroll, owner of 128 Linn Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to his property, and WHEREAS, sidewalk defect notices were sent to the owner in 2000, and WHEREAS, James W. Carroll filed a written assessment appeal dated February 9, 2009 on the basis that he was charged for a partial slab of sidewalk adjacent to an adjoining parcel, and WHEREAS, a subcommittee of the Board of Public Works has met with staff, and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that city’s sidewalk crew completed the sidewalk replacement work, and determines that the owner was incorrectly charged for a small area of sidewalk adjacent to an adjoining parcel, and be it further RESOLVED, That the Board hereby adjusts the assessment to correct the error in measurement at 128 Linn Street resulting in a final assessment including the 25% administrative fee required by City Code of $1,211.81. Carried Unanimously Power to Act – Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street – Resolution WHEREAS, Patricia Carlson, owner of 405 & 407 North Aurora Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to her properties, and WHEREAS, a sidewalk defect notice for 407 North Aurora Street was sent to the owner in 2007, and WHEREAS, Patricia Carlson protested her assessments via letter dated February 17, 2009 and by speaking at the Public Hearing held on March 4, 2009; and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that the City’s sidewalk crew completed the sidewalk replacement work at 405 and 407 North Aurora Street, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 405 North Aurora Street and reduces the assessment for 407 North Aurora Street, and be it further RESOLVED, That the new assessments including the 25% administrative fee required by City Code are: Address Tax Parcel # Owner Assessment 405 N. Aurora St 49.-6-9 Patricia Carlson $422.15 407 N. Aurora St 49.-6-1 Patricia Carlson $4,355.12 Board of Public Works Page 3 January 6, 2010 Committee of the Whole Commissioner Brock stated that the calculations in the resolution were incorrect and requested that the Board refrain from voting on this request until the January 13, 2010, regular meeting. No Board member objected. East Clinton Street Bridge Rehab/Prospect Street Reconstruction Project – Update Bridge Systems Engineer Gebre introduced Delta Engineers Consultants Mark Huggaboom and Joe Michkowski, who provided an update to the Board on the East Clinton Street Bridge Rehabilitation and the Prospect Street Reconstruction Project. Bridge Systems Engineer Gebre noted that input from the Board was being sought to move the project forward. Delta Engineer Consultant Huggaboom explained the project objectives, which included increasing safety and mobility between South Cayuga and South Aurora Streets. He further explained the history of the project, the planned detours, construction costs & schedule. He noted that it was anticipated to take two construction seasons to complete the project. Mr. Huggaboom reported that the construction of new sidewalks on the south side of Prospect Street from Turner to Aurora Streets was planned during the project. He further reported the options for Clinton Street Bridge include the No-Build Option, Rehabilitation, Super-Structure Replacement, and the alternate option of Replacing the Sub- and Super-Structure. He explained that the Sub-/Super-Structure Replacement option was the only feasible option due to safety issues and is the preferable option due to the inability to prove that the existing super-structure would be able to accept the additional load of the widened bridge. Discussion followed on the floor regarding sidewalk construction, creek access, the width of the new road, retaining walls, utility and storm drain issues, and possible detours during the construction. Further discussion followed on the floor regarding impacts of possible contamination from Emerson Power Transmission and investigations performed to search for contaminants. The Board unanimously approved the preliminary design of the new bridge and street reconstruction. Commissioner Brock suggested that the Bicycle Pedestrian Advisory Council be invited to the next public information meeting regarding this project. MAYOR’S COMMUNICATIONS: Mayor Peterson stated that City Controller Thayer spoke with representatives from the State Comptroller’s Office and the Office of General Services regarding the City’s work with O’Brien & Gere consultants. He obtained the information the Mayor required in order to make an informed decision whether or not to move forward with the existing contract with O’Brien & Gere for the new water plant project. She further stated that she would consider the options provided to her by this new information and make a decision in the near future regarding the City’s continued work with O’Brien & Gere consultants. Mayor Peterson left the meeting at 6:03 p.m. Green Street Garage Exit Sight Distance – Discussion Traffic Engineer Logue joined the Board for the discussion of the following two items. He stated that safety at the exit of the Green Street Garage was the concern. He further stated that the possibility of removing parking in front of the entrance and shifting the bicycle lane to the left side of the street was considered. He explained that the recommendation from the Engineer’s Office was to continue monitoring the traffic, and to be clear about the rules for bicycling on both sides of Green Street. Supt. Gray noted that the Bicycle Pedestrian Advisory Committee (BPAC) passed a resolution in support of the current conditions. Commissioner Brock thanked Traffic Engineer Logue for his thoroughness in his research. She expressed her support of the bicycle lane in its current location. She further expressed her concern for the lack of Board of Public Works Page 4 January 6, 2010 Committee of the Whole visibility when exiting the parking garage and suggested that the first parking space be removed to improve visibility for drivers. Commissioner Wykstra suggested installation of mirrors on the garage for drivers to view oncoming traffic. New Sidewalk Construction Priorities – Discussion Traffic Engineer Logue explained that a subcommittee was created to review the need for new sidewalks throughout the City. He further explained that the subcommittee referred to the comprehensive list created in 2000 of areas without sidewalks and proposed a method to prioritize where new sidewalks should be installed. He stated the subcommittee requested the Board’s approval of their priority list so the subcommittee could organize priority areas and research funding options. Discussion followed on the floor regarding streets that had sidewalks on one side of the street and whether installation of sidewalks on the opposite side was a priority. Commissioner Wykstra noted that the City should take advantage of funding opportunities as they are found. DAC Liaison Roberts reported that the Disability Advisory Council (DAC) was very interested in providing input on where new sidewalks should be constructed and suggested that a representative from the DAC be included in the sidewalk subcommittee. Discussion followed on the floor regarding reviewing the new sidewalk priority list in creating future grant and funding applications for short-notice funding opportunities. Further discussion followed on the floor regarding allowing neighborhood groups to provide feedback about the priority list as well. Trash Facility Agreement with Center Ithaca – Update City Attorney Hoffman explained that the City is responsible for oversight of the trash facility located under the Green Street Garage and charged participating businesses 2006 rates for use of the facility. He further explained that the maintenance, oversight and collection of fees by the City was cumbersome and that Center Ithaca was interested in taking over the contract and management of the facility. He further stated that the subcommittee, created to review this proposal, suggested creating a five-year agreement with Center Ithaca that would include a guaranteed right for the City to deposit waste into the facility. Discussion followed on the floor regarding privatization of the trash facility, requesting proposals, and reviewing the competitive bid process. The Board unanimously agreed to reconvene the subcommittee to discuss these issues. Board members requested that Common Council liaison Zumoff make a request to Common Council for a joint Board of Public Works/Common Council meeting to discuss the charter and the rules and responsibilities of the Board and Mayor within the Charter. CC Liaison Zumoff stated that he would put the request to Common Council. ADJOURNMENT On a motion the meeting adjourned at 6:49 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor