Loading...
HomeMy WebLinkAboutMN-BPW-2010-01-13BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. January 13, 2010 PRESENT: Acting Mayor Cogan 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 Information Management Specialist - Myers Assistant Civil Engineer - Yost EXCUSED: Mayor Peterson Common Council Liaison – Zumoff DAC Liaison – Roberts PLEDGE OF ALLEGIANCE: Acing Mayor Cogan led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the December 2, 2009 Board of Public Works Meeting Minutes - Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra RESOLVED, That the Minutes of the December 2, 2009 Board of Public Works meeting be approved as published, and be it further Approval of the December 9, 2009 Board of Public Works Meeting Minutes - Resolution RESOLVED, That the Minutes of the December 9, 2009 Board of Public Works meeting be approved as published, and be it further Approval of the December 16, 2009 Board of Public Works Meeting Minutes - Resolution RESOLVED, That the Minutes of the December 16, 2009 Board of Public Works meeting be approved as published. Amending Resolution: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the minutes of the December 2, 2009 and December 9, 2009 be amended with minor changes proposed by Commissioner Brock. Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as Follows: Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested the addition of item 8.4 entitled Green Street Bridge Art Project as a possible Power to Act for the January 20, 2010 Committee of the Whole meeting. He further requested the addition of item 11.1 entitled Easements for Water and Sewer Mains on Elmira Road as a Power to Act for the January 20, 2010 Committee of the Whole meeting. No Board member objected. Board of Public Works – January 13, 2009- Page 2 Commissioner Brock requested the deletion of item 7.1 entitled License and Use Fees for the Use of City-Owned Property – Discussion & Power to Act Resolution. She explained that the City received the report from Pomeroy & Associates and it needs further review and revision before it can be presented to the Board. No Board member objected. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Fay Gougakis, City of Ithaca, addressed the Board regarding the City’s need to remove snow from the bike racks and sidewalks at the Seneca Street Garage, and the bike lane on East Green Street. RESPONSE TO THE PUBLIC Commissioner Tripp responded to comments made regarding the need for snow to be removed from the bike racks at the Seneca Street Parking Garage. She stated that the Board does expect that they will be cleared of snow within a reasonable time after a snow storm. Commissioner Brock reported that the Parks Commission met last week and at the meeting Rick Manning reported that he would like to make a presentation to the Board of Public Works at their January 20, 2010 Committee of the Whole meeting regarding the Stewart Park Rehab Project and the Architectural Grant Application. She further noted that the Parks Commission, as a group, would like to meet with the Board to discuss fees and park usage, maintenance of parks, and management of the city's parks. Commissioner Brock also requested that the proposed outdoor smoking regulations, which were distributed to the Parks Commission for comment, be distributed to the Board. . Commissioner Brock asked Board members to review and consider the proposed legislation as the Parks Commission reports to the Board of Public Works, and as management of city parks and open spaces falls under the purview of the Board of Public Works. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: License and Use Fees for the Use of City-Owned Property – Discussion & Power to Act Resolution This item was deleted from the agenda. Trash and Recycling Facility Agreement with Center Ithaca – Power to Act - Resolution By Commissioner Tripp: Seconded by Commissioner Brock RESOLVED, That the Board grant itself Power to Act on the approval of the trash and recycling facility Request for Proposals at the January 20, 2010 Committee of the Whole meeting. Carried Unanimously HIGHWAYS, STREETS, AND SIDEWALKS: Encroachment Request for 934 Stewart Avenue - Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, the property at 934 Stewart Avenue, in the City of Ithaca (tax map parcel 7- 3-5) is owned by Edgecliff, LLC, a corporation purportedly owned by Joseph Quigley, and WHEREAS, because the dwelling at 934 Stewart Avenue is set at a substantially lower elevation than the adjacent public sidewalk, it is currently and has been accessed via two metal-framed ramps which extend from the front of the building (at two different levels) to the inside edge of the public sidewalk on the westerly side of Stewart Avenue, and WHEREAS, the afore-mentioned ramps extend into the City’s right-of-way for Stewart Avenue a distance estimated to be less than five linear feet, according to a survey map of “NO. 934 STEWART AVENUE,” prepared by T. G. Miller, P.C., on January 6, 2003, and WHEREAS, it appears that the ramps in question have been in existence in their current location for many years, without objection by the City, and that the proposed Board of Public Works – January 13, 2009- Page 3 replacement ramp will not constitute a substantially larger encroachment than has historically existed at this location, and WHEREAS, the owner of 934 Stewart Avenue wishes to replace the ramps, due to their age and condition, but cannot secure a building permit for such replacement without a current license from the City permitting the encroachment upon City property, and WHEREAS, the proposed replacement will merge the two ramps extending from the building into one prior to meeting with the sidewalk, and will involve erecting a roof above the new ramp (but not above the sidewalk), and the merged ramp (and cover) will be structurally separate from the sidewalk, and WHEREAS, the Superintendent has reviewed the request and has determined that the replacement ramp (and its cover), as designed, will not compromise the public sidewalk in front of the premises and will not interfere with the safe or efficient use of said sidewalk, and WHEREAS, the Superintendent does not anticipate any conflicts in the foreseeable future due to the proposed encroachment at this location; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney and the Superintendent, to sign a revocable encroachment agreement/license for the proposed replacement ramp and its cover at 934 Stewart Avenue, containing the usual terms and conditions, and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per the City’s current practice with regard to such agreements for existing, minor encroachments associated with residential properties, but that the agreement shall specify that at any time in the future it may become subject to new license/use fees or other requirements established by the Board as the result of its review of encroachments and license agreements, which review is anticipated to be completed in 2010. Property owner, Joseph Quigley, joined the Board for the discussion of this item. Discussion followed on the floor regarding the design of the ramp, its roof, plans to contain run-off from the roof, and the interface between the ramp and the sidewalk because of liability issues. Mr. Quigley asked the Board what the future license fee might be. City Attorney Hoffman explained the history to date of the reason for the changes to the City’s Land Use legislation. He further noted that any encroachments less than forty square feet would be exempt from fees and that this encroachment is less than forty square feet. A Vote on the Resolution resulted as follows: Carried Unanimously Appeal of Sidewalk Assessment for 122-124 Linn Street - Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins 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 sidewalk crew completed the sidewalk replacement work, and determines that the owner received the value of the replacement work but is not responsible for payment because of defective notice, and be it further Board of Public Works – January 13, 2009- Page 4 RESOLVED, That the Board hereby approves the request to expunge the sidewalk assessment for 122-124 Linn Street. Commissioner Wykstra stated that he would like the word “defective” removed from the first Resolved clause because of questions that were raised at the January 6, 2010 Committee of the Whole meeting. Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Tripp RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the Board recognizes that city’s sidewalk crew completed the sidewalk replacement work, and determines that the owner received the value of the replacement work but is not responsible for payment because of possible flawed notice, and be it further” Carried Unanimously Extensive discussion followed on the floor regarding whether or not the City should consider the offer of the owner to pay for the work that was done, excluding the 25% administrative fee. Further discussion followed on the floor regarding the history of these types of sidewalk appeals and the notices that were sent to property owners. Commissioners Tripp and Wykstra expressed their interest in supporting the resolution as proposed to expunge the bill because of the amount of time that has already been spent on this topic. Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as follows: Carried Unanimously Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street – Resolution By Commissioner Wykstra: Seconded by 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 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 $4,839.78 Comm. Brock requested that this resolution be tabled since she had not had time to review it. Commission Wykstra withdrew his motion. Board of Public Works – January 13, 2009- Page 5 PARKING AND TRAFFIC: Power to Act - Green Street Bridge Art Project - Resolution Supt. Gray explained that he wasn’t sure that the Board necessarily has to have this item on their agenda for Power to Act item. He stated that the Public Art Commission will be involved in the review of the project and that if the Board is supportive of it, that he could handle this request administratively with the Public Art Commission. The Board supported that suggestion. Supt. Gray withdrew his request to have this as a Power to Act item on the January 20, 2010 Committee of the Whole agenda. WATER AND SEWER: Power to Act – Water & Sewer Main Easements on Elmira Road – Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins RESOLVED, That the Board grant itself Power to Act on Water & Sewer Main Easements on Elmira Road at the January 20, 2010 Committee of the Whole meeting. Carried Unanimously ADMINISTRATION AND COMMUNICATIONS: Nomination of Board of Public Works Vice Chair for 2010: Commissioner Tripp nominated Commissioner Jenkins for Vice Chair of the Board of Public Works for 2010; Commissioner Wykstra seconded the nomination. Appointment of Board of Public Works Vice Chair for 2010: By Commissioner Tripp: Seconded by Commission Wykstra RESOLVED, That Commissioner Claudia Jenkins be appointed as the Vice Chair for 2010. Carried Unanimously REPORTS: Commissioner Brock noted that a request had been made last week for the Board to meet with Common Council. Acting Mayor Cogan noted that BPW Liaison Zumoff had reported at the January 6, 2010 Common Council meeting that the Board would like to set up a meeting with Common Council. Acting Mayor Cogan stated that he has not been involved with scheduling that meeting and is not sure the status of it. Commissioner Wykstra explained that the entire Board does wish to meet with CC regarding the BPW/CC/Mayor and where does everyone fit in, what are the divisions of responsibilities and the city charter regulations. Acting Mayor Cogan reported that the Mayor had established an ad-hoc committee to review the City Charter and Ordinances. He is the chair of that committee and this may be a topic for that committee, and he acknowledged receipt of Commissioner Brock’s request to serve on that committee. Commissioner Brock stated that she had also indicated to the Mayor that she is interested in becoming a member of the ad-hoc committee created to work on Parking Management. Acting Mayor Cogan noted that it would be difficult to have just an open discussion of the noted topics with Common Council and that a meeting would need some definition and information distributed ahead of time so Council can be prepared for the meeting and discussion. He thought that if the Board could share its thoughts that it would be helpful. Discussion followed on the floor regarding when a meeting might be able to be scheduled between the Board and Common Council, January 27th was brought up since there is no Board of Public Works meeting that day, but it was brought to the Board’s attention that the Mayor has already called a Special Meeting of Common Council at 5:30 p.m. that evening to discuss dredging. Acting Mayor Cogan did note that the Mayor had asked that Common Council members keep the last Wednesday at 5:30 p.m. open (before City Administration Committee) for COW or Special Meetings and that perhaps the last Wednesday in February might be a possibility for a joint meeting between Common Council and the Board of Public Works. Board of Public Works – January 13, 2009- Page 6 Commissioner Tripp stated that she would work to write something regarding what the Board would be interested in discussing with Common Council. Acting Mayor Cogan suggested that this item be brought up or added to the January 20, 2010 Committee of the Whole meeting agenda for further discussion when Mayor Peterson would be at the meeting. Discussion followed on the floor regarding the need for new Board members to be appointed to fill the two vacancies and that there are two applications on file with the City Clerk’s office from applicants interested in serving on the Board. Commissioner Wykstra noted that Attorney Scott Miller and David Warden had been mentioned as possibilities; although staff from the Clerk’s Office noted that neither have submitted applications to the Clerk’s office. The Board is very interested in having the two vacancies filled as soon as possible, plus two alternates named, as directed by the Charter. City Attorney Hoffman reported on the traffic signal at Home Depot and its functionality. A deadline had been set for Widewaters to make repairs and that deadline has passed. He asked whether the City was ready to step in to make those repairs. Supt. Gray explained that Tim Logue, Traffic Engineer, and spoke with representatives from Widewaters they have a contract in place to do this work, but the work can’t be done until April or May. Traffic Engineer Logue was going to request that a microwave system be used until the needed repairs can be made. Discussion followed on the floor regarding the addendum to the O’Brien & Gere contract. Acting Mayor Cogan noted that he signed that addendum today and the contract just needed the chair of the City Administration to sign it and it would be complete. Supt. Gray noted that this step that has been taken by signing the addendum will keep the City close to its timeline for this project. Staff Reports: Acting Assistant Supt. for Streets and Facilities Benjamin reported to the Board on the following items: He is working on end of the year reports for DEC and TC Solid Waste His crews have cleared more than 100 sidewalks of snow and ice Crews are working on Christmas tree removal and are busy with snow removal Salt use is up Crews are working on the Inlet Island Parking lot Commissioner Brock reported that she received compliments from friends in the Town of Ithaca for the City’s work to keep streets clear of snow and ice. They see it as an improvement over previous years. Assistant Supt. for Water and Sewer Whitney reported to the Board on the following items: Five staff members, including working supervisors, are attending training to obtain operating certificates. Working supervisors are also making their way through certification training for NYS Department of Health. Staff are gearing up for the work on the design of the water plant. The dam studies are due back by February that will help the City determine what work is needed there. The RFP for painting two steel water tanks should be back soon and the award of that contract will come to the Board for approval. Upcoming projects: Short sewer main replacement on Hector Street between Sunrise and Hopper Work to complete the City’s hard fill site in the Town of Ithaca Work is continuing on the capital project for the Water & Sewer site on First Street Sidewalks will be installed on Franklin Street between Third Street that will connect to the Cayuga Waterfront Trail. Board of Public Works – January 13, 2009- Page 7 Water and Sewer repair work needs to take place at Prospect and Clinton Streets; they are working to see if the work could be coordinated with the Clinton Street bridge project. Complete sanitary sewer connections on Cascadilla Park Road to assist in flow. Follow up work on the automatic meter readers Commissioner Brock noted that the Board was provided with a five year plan in January 2009 and asked whether they could be provided with another five year plan this year. Supt. Gray responded that he would provide a five year plan for the Board. He further stated that city staff met with representatives from Cornell University, NYSEG, NYSDOT, to see what projects are planned for 2010 and what coordination can be done through all the different agencies. He further reported that they are requesting bids for the construction of the Winter Village Trail behind the Gateway Plaza, and that the City is also obtaining bids for bank stabilization on Spencer Street. ADJOURNMENT On a motion the meeting adjourned at 6:25 p.m. Sarah L. Myers Daniel Cogan Information Management Specialist Acting Mayor