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