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HomeMy WebLinkAboutMN-BPW-2010-02-17BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:52 p.m. February 17, 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 Executive Assistant – Gehring EXCUSED: DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested that Item 7, entitled “Appeal of Snow Removal Bill for 908 North Cayuga Street,” be deleted from the agenda. He explained that a neighbor also received a bill for snow removal and requested that the appeals be discussed simultaneously. Commissioner Wykstra objected and asked that the item remain on the agenda for discussion, if time permitted. No Board member objected. Power to Act – Appeal of Sidewalk Assessment for 405 and 407 North Aurora Street – Resolution By Commissioner Wykstra: Seconded by Commissioner Tripp 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 # Prior Assessment New Assessment 405 N. Aurora St 49.-6-9 $422.15 $422.15 407 N. Aurora St 49.-6-1 $4,839.78 $4,355.12 Commissioner Wykstra explained the property owner’s appeal and the reason the sub- committee did not approve expunging the entire assessment. Assistant Civil Engineer Board of Public Works Page 2 February 17, 2010 Committee of the Whole Yost stated that the amounts in the above table were incorrect for 407 North Aurora Street and corrected the amounts to be: Prior Assessment $5,001.32; New Assessment $4,839.78. Amending Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the third column of the table be deleted and the table read as follows: Address Tax Parcel # Assessment 405 N. Aurora St 49.-6-9 $422.15 407 N. Aurora St 49.-6-1 $4839.78 And be it further RESOLVED, That the second Resolved clause be amended to read as follows: “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 (from $5001.32),” Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended Resulted as Follows: Carried Unanimously Power to Act – Encroachment Request for 423 East Lincoln Street – Resolution By Commissioner Tripp: Seconded by Commissioner Brock WHEREAS, Robert D. Terry, the owner of the property at 423 E. Lincoln Street (Tax Map Parcel No. 12-8-1), in the City of Ithaca, has requested an encroachment agreement/license for a proposed, new porch (on the north side of the house) that would extend approximately five feet into the City’s right-of-way for East Lincoln Street, for a total length of approximately 26 feet, together with two sets of steps (extending from the front and west end of the porch); and WHEREAS, the total area of the proposed encroachment appears to be approximately 170 square feet (allowing 20 square feet of encroachment for each set of steps); and WHEREAS, at present, a front stoop encroaches into said right-of-way by a distance of approximately five feet, with a total (encroaching) area of at least 40 square feet, which encroachment appears to have existed for many years without objection by the City; and WHEREAS, the proposed porch has a historical precedent, in that a two-story porch once existed along the full width of the front of the house, according to old photographs of the property; and WHEREAS, the Superintendent has reviewed the request and does not anticipate any conflicts due to the proposed encroachment at this location, in the foreseeable future; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to execute an agreement/license allowing the requested encroachment (i.e., the proposed porch on the north side of the house at 423 E. Lincoln Street), revocable upon one year’s written notice by the City in the event that the encroached upon land is required for any City purpose, and containing the usual terms and conditions; and be it further RESOLVED, That this license shall not be subject to a fee at this time, based upon all the circumstances, including the pre-existing, long-time encroachment of the front stoop (which represents approximately 25% of the total area of the proposed encroachment), and the fact that the proposed improvement is expected to enhance the taxable value and attractiveness of the property, but that in the agreement the City shall reserve the Board of Public Works Page 3 February 17, 2010 Committee of the Whole right to impose a use fee in the future, after it adopts a general fee schedule pursuant to Chapter 170 of the Code. City Attorney Hoffman explained the purpose of the new proposed resolution, which gave the Board the option to charge a fee for the new encroachment prior to the adoption of a general fee schedule. Discussion followed on the floor regarding the fees recommended by the appraiser in the Fair Market Rent Study, and charging the property owner a fair use fee for constructing a new porch in the City’s right of way. Discussion followed on the floor regarding the fee amount listed in the City Attorney’s previous memorandum and the corrected amount listed in the resolution. Further discussion followed on the floor regarding the design of the new porch versus the previous porch, and the rules for purchasing and modifying a historical house. Carried Unanimously Power to Act – Approval of Parking Policy for Persons with Disabilities – Resolution WHEREAS, the City adopted a Handicap Parking Policy on January 12, 2000 to act as a guideline for requests received for on-street handicap parking, and WHEREAS, the current Handicap Parking Policy has become outdated, and staff has met with the Disability Advisory Council to review and update the current parking policy, now therefore be it RESOLVED, That the Board of Public Works has reviewed and adopts the Draft Parking Policy for Persons with Disabilities dated October 7, 2009 as department policy for on-street disabled parking in order for staff to continue to respond to requests. Mayor Peterson expressed concern that DAC Liaison Roberts had not reviewed City Attorney Hoffman’s proposed changes to the Parking Policy for Persons with Disabilities and suggested that this item be added to the March 3, 2010, Committee of the Whole agenda. Power to Act – Approval of Parking Policy for Persons with Disabilities By Commissioner Tripp: Seconded by Commissioner Jenkins RESOLVED, That the Board grant itself Power to Act on the approval of the Parking Policy for Persons with Disabilities at the March 3, 2010, Committee of the Whole meeting. Carried Unanimously Water Plant Membrane Pilot Study – Discussion Supt. Gray reported that he spoke with O’Brien & Gere Consultant Rick Gell, who requested that the Board choose which membrane system to conduct the pilot study. He explained that Chief Water Treatment Plant Operator, Chuck Baker, wrote a memorandum to Mr. Gell in support of the pressure system. Supt. Gray further stated that members of the Board could tour plants throughout the northeast, in Maryland, Connecticut, and possibly lower New York, to observe the different systems. Commissioners Wykstra and Tripp stated they would like to be included in the tour. Mayor Peterson expressed concern that the type of membrane must be chosen prior to the pilot study being conducted. Discussion followed on the floor regarding whether the consultant recommended one type of membrane over the other. Supt. Gray stated that the consultant had explained that either type of membrane system would work in our community. Discussion followed on the floor regarding the choice of a membrane system, conducting pilot studies, and performing tests on the water to assist in making a decision. Further discussion followed on the floor regarding parameters and selecting a vendor. Board of Public Works Page 4 February 17, 2010 Committee of the Whole Parking Management Ad Hoc Committee – Update Commissioner Brock presented an update on the parking management ad hoc committee, expressing concerns the committee had in the process, management, materials, maintenance, and education as they relate to parking. She explained that the committee developed an overall philosophy and mission regarding parking. She further explained that two subgroups were created to focus on parking policy and operations. Commissioner Brock further explained that the goal of the ad hoc committee is to create a formalized parking policy by the end of the year. She further noted that the Inlet Island parking lot situation would not be included in the committee’s work since the Board has been charged with developing a solution for that parking lot. She suggested that a subcommittee of the Board be created to work with the community and businesses on Inlet Island to develop a solution to parking on Inlet Island by July 1, 2010. Mayor Peterson stated that revenue was being lost due to equipment malfunctions at the surface lot under the Green Street Garage. Discussion followed on the floor regarding the equipment malfunctions, alternative means of charging for the parking, and the option of closing the lot until the equipment is repaired. Mayor Peterson left the meeting at 6:05 p.m. Golf Course Rates – Discussion Commissioner Tripp reported that the golf course has a significant deficit and has for several years. She feels the City should stop financially supporting the golf course, stating that it was time for the course to begin supporting itself. Discussion followed on the floor regarding other possible uses for the golf course land. Commissioner Wykstra suggested that the golf course could become a natural area, although the land is at a very low elevation. He expressed his desire to research the types of chemicals used to fertilize the golf course that could enter into Cayuga Lake. Commissioner Brock stated that according to historical documents, the golf course land was intended to be part of Stewart Park. She requested re-evaluation of the course to ensure it was not a financial drain on the community, incorporates other recreational activities, and suggested that the Parks Commission be involved in the evaluation. Further discussion followed on the floor regarding membership, daily fees, adjusting the fees, eliminating the annual financial shortfall, and the possibility of the course closing. The Board agreed to further discuss this topic at the Committee of the Whole meeting on March 3, 2010, and to vote on fee adjustments, if any, at the regular meeting on March 10, 2010. Appeal of Snow Removal Bill for 908 North Cayuga Street – Discussion Commissioner Tripp explained the appeal and expressed her agreement with the property owner, noting that the snow removal date on the invoice was incorrect. Acting Asst. Supt. Benjamin explained that the snow had been packed down on the sidewalk making it difficult for the owner to scrape it clear with shovels. A brief discussion followed on the floor regarding the property owner’s attempts to remove the snow and ice from the sidewalk, how long it took the City’s sidewalk crew to scrape the sidewalk, and how often it snowed during the winter. The Board agreed to expunge the bill for this property and the neighboring property at 910 North Cayuga Street, which was plowed and charged on the same day. Supt. Gray stated that he would notify both property owners of the Board’s decision. ADJOURNMENT On a motion the meeting adjourned at 6:42 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor