HomeMy WebLinkAboutMN-BPW-2010-11-10BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:53 p.m. November 10, 2010
PRESENT:
Mayor Peterson
Commissioners (4) – Goldsmith, Jenkins, Warden, Wykstra
OTHERS PRESENT:
City Attorney – Hoffman
Superintendent of Public Works – Gray
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Common Council Liaison – Zumoff
Executive Assistant – Gehring
Traffic Engineer – Logue
EXCUSED:
Commissioner Brock
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt Gray requested the Board review and approve item 8.1A, entitled “Award of
Contract for Seneca Street Parking Garage – Slab and Beam Repairs,” at today’s
meeting, because of the need to immediately begin this emergency work. He explained
that the other resolutions on the agenda were not as time sensitive, and could be
considered at next week’s meeting. He further noted that Traffic Engineer Logue
prepared material regarding parking rates for today’s meeting as well.
MAYOR’S COMMUNICATIONS:
Mayor Peterson requested adjustments in the order of the agenda due to the
attendance of members of the public at the meeting.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
No one appeared to address the Board
REPORTS:
Board Liaisons:
Commissioner Wykstra reported that the Special Joint Committee (SJC) passed a
resolution authorizing a settlement for the First Energy lawsuit against the City. He
further stated that the SJC was also moving forward with a performance contract for
upgrades to the wastewater treatment plant with Johnson Controls.
Commissioner Warden updated the Board on discussions taking place at the Means
Restrictions Committee meetings. He stated different design options for every bridge
were being reviewed.
Supt. Gray stated that he would distribute the packet of information that was provided at
the last Means Restrictions meeting to Board members, and provide them with the
website address set up by Cornell University to provide additional information.
Discussion followed on the floor regarding design options for city-owned bridges versus
Cornell-owned bridges.
Superintendent and Staff:
Supt. Gray reported that the asphalt plants were closing for the season. He stated that
crews are transitioning into winter activities, collection of yard waste and work is
continuing with the clean up after the recent construction and beautification project at
Franklin Street. He Invited Board members to take a field trip to see the improvements
made at Franklin Street.
Board of Public Works Page 2 November 10, 2010
Regular Meeting
APPROVAL OF MINUTES:
Approval of the Minutes of the August 25, 2010 Board of Public Works Meeting –
Resolution
By Commissioner Wykstra: Seconded by Commissioner Jenkins
RESOLVED, That the Minutes of the August 25, 2010 Board of Public Works Meeting
be approved as proposed.
Carried Unanimously
DISCUSSION ITEMS
HIGHWAYS, STREETS, AND SIDEWALKS:
Request for Expungement of Sidewalk Assessment for 218-220 University Avenue
– Discussion
Richard Thaler, attorney for the current property owner, and Scott Miller, attorney for the
previous property owner, joined the Board for the discussion of this item.
City Attorney Hoffman explained the request for expungement, stating that the sidewalk
was replaced, and then the property was sold. The assessment that was sent to the
new property owner did not reflect the fee associated with sidewalk replacement. He
further explained that Attorney Thaler asserts that the new property owner should not be
responsible for the sidewalk assessment fee.
Commissioner Warden recused himself from discussion of this item due to a conflict of
interest.
Attorney Miller explained that he represented Peter and Sherry Newell during the
transfer of title for this property, which took place in 2009, to Cook Properties LLC. He
stated that after the property was sold, it was discovered that a sidewalk assessment
was placed against the property. He further explained that Mr. Newell passed away two
years ago, and his wife does not have any knowledge of the sidewalk assessment. He
stated that a lien was not placed against the property at the time of the sale, so no one
knew there was an amount owed prior to the sale. He advised that the City should have
some regularity of process and service regarding potential assessments against
properties. He stated there does not seem to be adequate proof that the previous
owners ever received notice of the sidewalk assessment.
Mr. Thaler explained that his client, Cook Properties, began the process of purchasing
the property in 2008. He further explained that his clients then received a sidewalk
assessment in December 2009 - for repairs that were completed in 2005. He
expressed his opinion that his clients should not be responsible for the bill. He feels
that the City took too much time to notify the new property owner of the assessment.
Discussion followed on the floor regarding notification to the property owners prior to
2008 regarding sidewalk assessments. Tax searches are done at the time of the sale of
a property, and any unpaid assessments are transferred with the property and become
liens.
Further discussion followed on the floor regarding the property owner’s responsibility to
disclose information to the buyer about any possible assessments that might be
forthcoming, specifically related to sidewalk assessments.
Mr. Miller explained that paperwork was sent to Mr. Newell in 2007, but it was not a bill.
The City reconstructed the sidewalk in 2005, but the property owner was not billed for
that work until 2009. He suggested the City consider updating their procedure for
putting property owners on notice of any assessments, so that billing is done closer to
the time that the work is completed.
Supt. Gray and City Attorney Hoffman will meet with engineering staff by the end of the
month to discuss this assessment.
Board of Public Works Page 3 November 10, 2010
Regular Meeting
CREEKS, BRIDGES, AND PARKS:
Flooding of 333 Spencer Road – Discussion
Property owner Robert Studtner joined the Board for the discussion of this item.
Supt. Gray explained that the information provided to the Board shows stormwater
problems that are outside the city limits. He further stated the Mr. Studtner understands
the City is not able to assist with the situation, but hopes the City can be an advocate on
his behalf with the Town of Ithaca and Emerson to help resolve the problem.
Mr. Studtner briefly explained the problem with the overflowing creek and where the
water flows during heavy rains. He is afraid that it will cause excess erosion and
damage to the railroad.
Discussion followed on the floor regarding possible solutions to drainage of the
stormwater so that it does not flow through Mr. Studtner’s property. Supt. Gray
volunteered to discuss the issue with the Town of Ithaca Public Works Superintendent.
He noted that if it’s not a building or stormwater runoff issue, the Town may not provide
be able to provide assistance. Mayor Peterson noted that the City Building Department
has experience working on these types of issues as well and should be included in the
discussions for a possible solution to this problem.
VOTING ITEM
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Award of Contract for Seneca Street Parking Garage – Slab and Beam Repairs –
2010 – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Jenkins
WHEREAS, inspection of the Seneca Street Parking Garage has revealed defects to
slabs and beams which require immediate repair in order to permit continued use of
portions of the garage for parking, and
WHEREAS, repair of some structural defects before winter weather conditions prevail
constitutes an emergency, and
WHEREAS, proposals to make emergency repairs were solicited from five contracting
companies engaged in structural repairs of parking garages, and
WHEREAS, proposals were received on November 5, 2010 for Seneca Street Parking
Garage – Slab and Beam Repairs – 2010, and
WHEREAS, the 2010 General Fund Budget includes capital funds for repairs to the
Seneca Garage, and
WHEREAS, Patterson-Stevens, Inc., 400 Sawyer Avenue, Tonawanda, NY, submitted
the lowest qualified proposal of $36,555.00, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract
for Seneca Street Parking Garage – Slab and Beam Repairs – 2010 to Patterson-
Stevens, Inc., for $ 36,555.00, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and
that the Superintendent of Public Works be and hereby is authorized to administer the
same.
Carried Unanimously
DISCUSSION ITEMS
PARKING AND TRAFFIC:
Parking Revenues and Expenses – Discussion
Traffic Engineer Tim Logue joined the Board for the discussion of this item.
Board of Public Works Page 4 November 10, 2010
Regular Meeting
Mayor Peterson explained that Common Council approved a resolution at their
November 3rd meeting that directed the Board of Public Works to provide a solution for
producing the parking revenue for 2011 by December 22, 2010, or they would
determine the solution.
Supt. Gray explained today’s meeting is for the introduction of material regarding
parking rates and discussion of them. He then would provide a proposed resolution for
the Board meeting on November 17, 2010. He expressed concern that if the Board
waited until December to vote, the City Chamberlain and City Controller’s offices would
have a difficult time incorporating any changes to the system by January 1st.
Traffic Engineer Logue distributed additional information to the Board and explained the
options that the City could implement to increase parking revenues.
Discussion followed on the floor regarding the different options, assumptions that were
made when projecting possible revenues for each option, where to locate the new
parking meters, and utilizing monthly permits in municipal parking lots.
Commissioner Goldsmith noted that the suggested options would be implemented in
tiers, with additional pay stations being installed, and additional enforcement will be
required in addition to preparation of agreements with the Police Department. Supt.
Gray explained the assumptions in this year’s budget were $170,000 for downtown
parking and $25,000 for west end parking.
Traffic Engineer Logue explained the data that was distributed regarding the number of
patrons per hour for the Green Street and Seneca Street parking garages. He stated
that almost half were parked for less than one hour. He further explained the following
options and the projected revenue increases for each option that the Board could
consider:
1. Collect money where we don’t currently collect
2. Extend hours of collection both on-street and in the garages
3. Increase parking fees across the board
4. Increase the hourly rate in the garages
5. Eliminate the first hour free in garages
6. Charge for the first hour and have the second hour free in garages
7. Charge $.75 for every hour
8. Charge a standard fee up front for all-day parking in the garages
9. Increase the monthly parking permit fees
Supt. Gray noted that the option to pay a flat rate up front for all-day parking would
cover the cost of maintaining the garage for each vehicle parked in the garage. He
compared it to parking in any surface lot in larger cities where motorists are charged $3-
$6 and the attendant is gone by 2 p.m. because they have their money in advance.
Discussion followed on the floor regarding the implementation of the chosen option(s),
adding pay stations to surface lots and Collegetown, extra costs associated with
extending parking garage hours, and parking in the west end.
Commissioner Goldsmith expressed his support for eliminating the first hour free. Supt.
Gray also expressed support for eliminating the first hour free and to adding fees to the
west end parking lots. He further noted that it will take time to implement the approved
options.
Traffic Engineer Logue stated he would provide the Board with recommendations for
them to consider at the November 17, 2010, meeting.
Board of Public Works Page 5 November 10, 2010
Regular Meeting
ADMINISTRATION AND COMMUNICATIONS:
BPW Meeting Dates for November/December 2010 – Discussion
Discussion was held regarding moving the November 24th meeting to another date due
to the Thanksgiving Holiday. The Board agreed to postpone the meeting scheduled for
November 24, 2010 to November 30, 2010.
PARKING AND TRAFFIC:
Approval of Mitchell Street Uphill Bicycle Lane – Resolution
By Commissioner Wykstra: Seconded by Commissioner Goldsmith
WHEREAS, the Board of Public Works has expressed interest in having the E. State St.
uphill bike lane extended up Mitchell St. (to Ithaca Road) to better serve bicyclists
traveling from the downtown Ithaca area to the Collegetown/Cornell/East Hill area, and
WHEREAS, uphill bike lanes benefit bicyclists by allowing them to travel comfortably at
their own pace without feeling that they are impeding overtaking motorists, and benefit
motorists by allowing them to safely pass bicyclists without crossing the centerline, and
WHEREAS, the Ithaca Bicycle Plan recommends the installation of a bike lane in this
location, and
WHEREAS, the recent elimination of on-street parking in this vicinity will easily facilitate
the installation of such a bike lane, and
WHEREAS, the Office of the City Engineer supports this proposal, and
WHEREAS, the addition of this bike lane segment will increase the City’s total length of
bike lanes by 16% (1,100 feet), and
WHEREAS, the existing Bike Plan Capital Project #325 has sufficient funding remaining
to cover the design and installation of said bike lane, now therefore be it
RESOLVED, That the Board of Public Works directs staff to design and install said bike
lane.
Carried Unanimously
To Amend Vehicles and Traffic Schedule XII, Parking Prohibited at All Times, in
regard to the 400 Block of Franklin Street – Resolution
By Commissioner Warden: Seconded by Commissioner Jenkins
WHEREAS, the Department of Public Works is progressing a project to redesign the
north side of the 400 block of Franklin Street in conjunction with the redevelopment of
the Water & Sewer Division’s yard on the street, and
WHEREAS, the design for the street calls for parking on the north side of the street
along a tree lawn and sidewalk and no parking on the south side of the street, and
WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code
to adopt and to amend a system of Schedules in order to administer the Vehicles and
Traffic Law, and
WHEREAS, the Board of Public Works is in agreement with this plan and the
associated changes to the Schedules, now therefore be it
RESOLVED, That the north side of the 400 block of Franklin Street shall be considered
Odd/Even parking and therefore, in accordance with Section 346-26 of the City Code,
does not need to be listed in the Schedules, and be it further,
RESOLVED, That Schedule XII, Parking Prohibited at All Times, be hereby amended to
add the following entry:
Name of Street Side Location (From/To)
Franklin Street South Third Street to First Street
Board of Public Works Page 6 November 10, 2010
Regular Meeting
Amending Resolution
By Commissioner Wykstra: Seconded by Commissioner Warden
RESOLVED, that the second Resolved Clause be amended to read as follows:
“RESOLVED, That Schedule XII, Parking Prohibited at All Times, be hereby amended
to add the following entry, effective December 1, 2010:”
Carried Unanimously
Main Motion As Amended
A Vote on the Main Motion as Amended Resulted as Follows:
Carried Unanimously
WATER AND SEWER:
8.5A Appeal of Water Bill for 205 Old Elmira Road – Resolution
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned at 7:03 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor