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HomeMy WebLinkAboutMN-BPW-1989-08-16m 0 1 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF IT114CA, NEW YORK Regular Meeting PRESENT: Mayor Gutenberger Commissioners (4) 4:00 P.M. August 16, 1989 - Sprague, Cannon, Daley, Cox OTHERS PRESENT: Acting Supt. of Public Works - Fabbroni City Engineer - Gray Deputy Controller - Thayer Purchasing Agent - Clynes Common Council Liaison - Nichols Asst. City Attorney - Beers- Schnock Acting Deputy City Clerk - Holcomb ABSENT: Commissioner Reeves (excused) PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of the Minutes of the July 12 1989 Board of Public Works Meeting By Commissioner Cox: Seconded by Commissioner Sprague RESOLVED, That the Minutes of the July 12', 1989 Board of Public Works meeting be approved as published. Carried Unanimously Approval of the Minutes of the July 26, 1989 Board of Public Works Meeting The approval of the Minutes of the July 26, 1989 Board of Public Works meeting be postponed until the August 30, 1989 meeting. ADDITIONS TO THE AGENDA: Special Committees Commissioner Sprague requested a friendly amendment to Item 18 -B - Theta Chi Fraternity - Expungement of Clean -Up Resolution. No Board member objected. OF BUSINESS: South Tioga Street Resolution to Open Public Hearing By Commissioner Daley: Seconded by Commissioner Cannon RESOLVED, That the public hearing to consider disposition of a portion of city owned land on South Tioga Street be declared open. Carried Unanimously No one appeared to speak at the public hearing. 181 182 August 16, 1988 Resolution to Close Public Hearing By Commissioner Daley: Seconded by Commissioner Cannon RESOLVED, That the public hearing to consider disposition of a portion of city owned land on South Tioga Street be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE BOARD: Citizens to Save Our Parks Doria Higgins, representing "Citizens to Save Our Parks ", addressed the Board of Public Works and read the following statement: "We are taking a stand after two years of very careful research and meticulous study on the question of the festival lands. We are taking a stand unequivocally, absolutely and flatly, that the City should not give, sell, lease or in any way whatsoever give control of the festival lands to State parks. Our reasons for that is 1) that regional State parks is so absolutely convinced in putting in a new pier that once they have control I'm sure there is nothing you can do that will stop them from doing it. 2) At this point, we have a most delightful, charming marina down there. It is one of the nicest I have ever been to. It's clean, it's pleasant and the people there are well behaved. We have the Hogs' Hole with the last tiny pathetic remnant of what used to be an enormously large wildlife and wild fowl refuge. It's a tiny little thing, and we should save that. And the festival lands are now being used principally as public pedestrian access to the lake and it is a charming, lovely one. I walk on it most evenings. Our group in Stewart Park fought valiantly to have a road to get to the lake for the old, for the infirm, and for young mothers, people who couldn't get there otherwise. But this is the only part of public lake front accessible to the public that has a sense of wilderness left to it and we think it should be kept that way and the only way the City can influence that being kept is by keeping control of the festival lands themselves. Furthermore, what Andy Mazzella wants is 56 more slips, that's all it amounts to with this new seventh pier. Fifty -six slips will not in any way answer or effect the onslaught of people who want to put boats on the lake. That's a whole other question actually which I think all cities bordering on the lake should begin to answer. But 56 slips added to that marina? We have now a delicate balance of the Hogs' Hole, the Festival Lands, and to take the chance of destroying that charming balance by adding 56 slips is very bad planning. Secondly, our group, and we say this with consideration, know that there has been a lot of misinformation, a lot of incorrect data, presented to you as argument for having another pier down there. We have read very carefully Andy Mazzella's October 1988 letter to Mayor Gutenberger in which he pled that the contract signed between the Mayor and himself be carried forward and Andy keeps saying in this painful voice that he signed in good faith and he thinks that the City should honor this contract. The fact is that we have been informed by State Parks themselves -that at the time Andy signed that contract he did not have authority to sign it. Acquisition of Lands by State Parks has to be reviewed and then approved. 'If it is approved by something called the Land Acquisitions Committee of State Parks, (that consists of the Commissioner, the Deputy Commissioners, the Council, the Head of the Land Parks Department) and that was not done in this case. Andy may have thought he had the authority to sign it but he didn't. I think that contract should be dismissed as part of your thinking. I know there is one person on Common Council who is not aware of these facts, who still thinks that the State has some moral obligation to honor a contract, but that 183 August 16, 1989 contract was an incorrect document from the beginning and I think it should not be part of your thinking. Now for some of the other incorxe'btions that have been given to you. Andy, in that letter, denied overcrowding on the lake by misstating to the Mayor "Standards Prepared by the New York State Wide Comprehensive Outdoor Recreation Plan" that's part of the State Parks. Mr. Mazzella quotes the plan-as saying "A minimum of six acres of water service is needed for each sail or motor boat ". That is not correct. The plan says that a minimum of 6 -8 acres per sail or motor boat, 15 -20 acres for water skiing. He further added that since there was approximately 6,000 acres between Ithaca and Taughannock Falls, that the capacity of the area then is for 1,000 boats. But if you use the eight acres as a minimum, not the 15 -20 acres that water skiing needs, which is given by this plan that he misquotes as a minimum, then the capacity of that area of the lake is only 750 boats and he goes O on in that letter and says further, "It has been reported that there are approximately 800 boats that use this end of the lake as their primary boating area ". Without counting the ramps at Treman Marina or Taughannock, the influx of boats from those (� ramps on good weekends is incredible. We got a count of well Q over 1,000 boats moored locally, and again we were not counting any of the private docks or moorings around the lake. So again the information is slanted incorrectly in the direction of making it sound safer than it is. As an example of the input of boats from Treman, on June 25, 1989, 125 boats went into the lake from that ramp alone. Remember there are ramps at a lot of the other commercial marinas as well. He further in that letter cited data from research by Elizabeth Moran, and said "In her opinion the quality of water is actually improving on Cayuga Lake" and that her study provides "clear and convincing evidence that a seventh pier will not have a detrimental effect on the lake ". Both Betsy Darlington and I have letters from her disavowing use of her data to prove other than the impact of the new wastewater treatment facility. That is what her study was designed to measure. She said in her letter to me that her study was "not designed and should not be used to address the question of adverse impacts from additional boating facilities ", and yet here is Andy telling you clear and convincing evidence that the seventh pier will not have a detrimental effect. Another thing I think is significant on the way that Regional State Parks has behaved in this is that they have not done any environmental studies of this. I've phoned DEC in Albany to ask what studies they had made and it is not even on record there. Finally I found out from Jeff Miller at Taughannock that they are not going to make any studies until they own the land. In other words, they are not going to find out whether or not this is an environmentally sound thing to do; they are going to wait until they get the land and then make the study. That to me indicates that they have made up their mind ahead of time. We also spoke to Jay Brumfield, who is Chief Limnologist of the Bureau of Technical Service and Research at the DEC about water pollution in lakes. There have been no studies in our lake and we were just talking about lakes in general. He impressed upon our group that there are many ways in which a lake can be polluted, not just from fuel oil and he listed among these pollutions: 1)noise, which should be studied; 2) public safety; 3) two - cycle motor oil; 4) breaking up of nutrient aquatic plants as the boats go through the plants. The pieces then float and re- root elsewhere; 5) launching of boats from one lake to another contaminates the second lake with whatever contaminates are in the first lake when they go to the second; 6) disturbance of shore line because of erosion due to wakes of boats; 7) boats traveling in shallow water creating turbidity. When he said that to me I certainly wondered if that might account for some of the turbidity at Stewart Park which prevents us all from swimming there. I don't know. The Cornell guys say no that it is all I s August 16, 1989 coming down Six Mile Creek, but I wonder if it may not have some effect. 8) disturbing wildlife habitats, and I of course, add the dumping of sanitary waste in the lake. There are a lot of things to be taken into account, but to me the main one is that we' have something that works beautifully right now and 56 piers will not make that kind of difference. If you give control of this to State Parks, I think the result is inevitable no matter how tight a contract. We recommend that you not recommend to Common Council that they carry on with this proposal. Thank you." Four Way Stop Sign at Utica and Lewis Streets Marilyn Moravec - 420 Utica Street, addressed the Board and stated that at last week's meeting the discussion was brought up that everybody wanted a four -way Stop sign. She stated that she does not think that everybody wants a four -way Stop sign. The four -way Stop sign was there for over 20 years. She bought her home in that neighborhood because of the low traffic and there are now seven day -care homes in the neighborhood as well as two nursery schools. School starts in two weeks and she reported that many parents funnel their children through this intersection for the obvious safety of the four -way Stop sign and two crossing guards. In the minute notations on the research it was noted that if this was not made a four -way Stop twenty years ago, the crossing guard for the school safety should be there. She is still raising the same question and stated that there are easily 50 - 75 children who cross at that intersection on school mornings and traffic which is going much faster are sliding through the Stop signs at Cayuga Street. She stated that we are going to see accidents there especially with school starting and the high school students coming through. She stated that she is extremely concerned for the safety of her children and also the many toddlers, pre - school children, and elementary school children who do cross through this intersection on a daily routine basis. She encouraged the Board to put this four -way Stop back. Alderperson Hoffman - 607 North Tioga Street - addressed the Board and stated that he supports the re- installation of the four -way Stop sign at the Utica and Lewis Street intersection. He said he knows that the vote in committee was 3 -2 in favor of re- installing the Stop sign. He hopes that the absence of two members will not prevent the Board from taking positive action before school starts again. Letter From Alderperson Peterson Mayor Gutenberger read the following letter from Alderperson Peterson into the record: "I will be out of town this afternoon, so am asking you to read this letter into the record at the August 16, 1989 BPW meeting. I once more urge you to restore the 4 -way Stop at Utica and Lewis. I understand the Board members view that streets are for moving traffic efficiently. However, in this case, the sign was in place for two decades, with no "apparent complaint from motorists, but with great appreciation from the neighbors. Additionally, this is a strictly residential area -- no businesses at the corners where cars might wish to access. Plus it is special because of the number of children there. It is right and reasonable to be extra cautious - please restore the signs." REPORT OF CITY ATTORNEY: Encroachment Request for 414 Spencer Road Asst. City Attorney Beers - Schnock requested the encroachment agreement request for 414 Spencer Road be referred to the Committee of the Whole. August 16, 1989 Resolution to Refer to the Committee of the Whole By Commissioner Daley: Seconded by Commissioner Cox RESOLVED, That the Encroachment Agreement request for 414 Spencer Road be referred to the Committee of the Whole for their meeting on August 23, 1989. Carried Unanimously REPORT OF ACTING SUPERINTENDENT: Acting Superintendent of Public Works Fabbroni reported on the following: Mitchell Street The DPW is working on Mitchdll Street and some of the neighbors are not happy with the traffic situation. We will be sending out a notice soon to the residents of this area explaining the O progress and the estimated time of the project. The schedule is to have the curbing company install the curbs within the next 2 -2 1/2 weeks, and immediately after the curbs are installed the _m paving will be done, which should be right after Labor Day. The Q clean -up that will need to be done behind the curbs for the properties will be done immediately after the curbs are installed. The portion of the project from Cornell Street to the City line should be completed by the end of September. There is coordination with the County in regard'-to their storm sewers and the top paving from the new Cornell project down to Cornell Street. Currently they are in the process of digging up the block between Pearl Street and the City line. The base should be completed by the middle of next week and they will be preparing for the curbing. Oil and Stone Oil and stone will be put on the small side streets in the Mitchell Street area such as Ward, Vine, Cobb, Pearl, etc., the streets that have had nothing done to them for approximately fifteen years. Hillview Place Work on Hillview Place storm sewers is progressing at the foot of the hill. It will soon be based and the paving and curbing will be completed after Labor Day. Second Street and Dryden Road Second Street and Dryden Road have been repaved. Willard Way Approximately half of the curbing is completed on one side of Willard Way. Empire State Games The Empire State Games went well with a minimum of problems. Southside Community Center Work continues on the stairwell at Southside Community Center. Police Department Parking Lot We are preparing the Police Department Parking Lot for repaving. Commissioner Cox referred to a letter from Alderperson Peterson in regard to signalization at the Route 96 /Octopus intersection and asked for clarification on the type of improvements suggested. Engineer Gray responded that he has asked the Traffic Engineer for backup information. He will report back to the Committee of the Whole as soon as he receives the information. 185 August 16, 1989 Mayor Gutenberger reported that the State has been asked to investigate signalization at the Route 96 /Octopus intersection. Common Council Liaison Nichols reported that Simberg and the engineers at a recent meeting agreed that signalization was something that could be done immediately. He stated that he believes they will give us technical assistance in installing a signalization system where the degree of traffic influences the time schedule of the light. Mayor Gutenberger requested Engineer Gray to report back to the Board as soon as he has received the backup information in regard to the Route 96 /Octopus signalization. Empire State Games Mayor Gutenberger thanked the Board of Public Works and all the City Departments for their fine work that was done during the Empire State Games. He stated that they served this community very well and made this community very proud of itself. There has been glowing reports from the athletes, coaches and visitors about what a great host the City of Ithaca was. REPORT OF CITY ENGINEER: City Engineer Gray reported on the following: Haller Boulevard Water Tank The Haller Boulevard water tank will-be declared unserviceable as it will not pass inspection. Norm Tidd has been invited to submit a price to take the tank down. Quarry Street Wall There are stone masons working on the Quarry Street Wall and the project is progressing nicely. Stewart Avenue Bridge The deck services have been fully dismantled and the bridge is being taken apart one section at a time. The rebuilding of the sub - structure is coming along nicely. Fire Stations All five fire station sites are active. Grading work on the new fire stations is progressing and construction on the buildings will be started in a few weeks. Mayor Gutenberger reported that a sign indicating that this is the future home of the new fire station is not present at the West Hill site. Engineer Gray responded that the sign should be installed within the next two weeks. Sidewalks The sidewalk program is proceeding. HIGHWAY ITEMS• Award of Contract for Material Spreader Bids were received on August 3, 1989, for furnishing Materials Spreader. Resolution By Commissioner Sprague: Seconded by Commissioner Cannon RESOLVED, That the contract be awarded to Seneca Supply for their low bid of $8,642.00. Carried Unanimously Award of Contract for Asphalt Concrete Bids were received on August 8, 1989, for furnishing Asphalt 18'7 August 16, 1989 Concrete. Resolution By Commissioner Sprague: Seconded by Commissioner Daley RESOLVED, That the contract be awarded to General Crushed Stone Co.,_of Jamesville, N.Y., for their low bid per bid sheet. Carried Unanimously PARKING AND TRAFFIC ITEMS: Reinstatement of all -waV Stop at Utica and Lewis Streets The all -way Stop at Utica and Lewis Streets was recently reduced to a two -way Stop, giving Lewis Street the right -of -way. The change was based on a thorough traffic and pedestrian study which was done by the Traffic Engineer and according to New York State Manual of Uniform Traffic Control Devices for an all -way Stop. M Resolution By Commissioner Daley: Seconded by Commissioner Cannon WHEREAS, this all -way Stop has previously been in effect for over twenty years, and WHEREAS, the neighborhood in this area have expressed concern Q about the safety of children and pedestrians in this area, and WHEREAS, at least six of the homes in this area provide daycare services, and WHEREAS, the residents have strongly urged the Board to reinstate the all -way Stop at Utica and Lewis Streets based on the above concerns; now therefore be it RESOLVED, That the Board of Public Works directs staff to reinstall the all -way Stop signs at Utica and Lewis Streets immediately. Mayor Gutenberger stated that the arguments that the residents have brought forth have convinced him that we should reinstate the all -way Stop at Utica and Lewis Streets and reminded the Board that it takes four votes to pass a resolution. Amending Resolution By Commissioner Daley: Seconded by Commissioner Cannon that there be a further Resolved to read as follows: "RESOLVED, That upon passage of this resolution the Stop sign be re- installed by the opening of the public school session." Carried Unanimously Commissioner Cox stated that he voted against the reinstallation of the all -way Stop at Utica and Lewis Streets at the Committee of the Whole because he felt that a very objective study had been done before the Stop signs were removed. He stated that he can sympathize with people who have purchased homes with given traffic conditions in a neighborhood and to have that change happen, he can understand why they are concerned. A vote on the main motion as amended resulted as follows: Ayes (5) - Sprague, Cannon, Daley, Cox, Mayor Gutenberger Carried Unanimously CREEKS BRIDGES AND PARKS ITEMS: Allan H Treman State Park Marina Park Improvements Resolution By Commissioner Cannon: Seconded by Commissioner Sprague WHEREAS, the Board of Public Works has discussed the improvements 1-88 August 16, 1988 to the Allan H. Treman State Marina Park and Inlet Valley with the State Parks Regional Director and the Conservation Council Chair, and WHEREAS, the Board recognizes the need for the additional marina space as proposed and the need for relocation in the State's proposed access drive and western -most lake parking improvements with a genuine concern about the impact these improvements will have to the species and their nesting habitat; now, therefore, be it RESOLVED, That the Board of Public Works encourages Common Council to discuss compromises with the State Parks Commission to encourage the implementation of the State five year master plan with proper environmental sensitivity and planning, and be it further RESOLVED, That the Board suggests contacting the Army Corps of Engineers for consultation concerning the boundaries of "Hogs' Hole" wetlands. Commissioner Daley stated that he has problems with the way this resolution is written. His understanding is that anything less than the kind of compromise that Betsy Darlington had proposed was going to be unacceptable. He explained that he does not get that strong a language from this resolution. Commissioner Cannon stated that at their last voting meeting there was a resolution that was very different from this resolution that was tabled. He explained that over the past month more information was presented by Andy Mazzella. That material consisted of blue prints that looked like the State had made a plan for this additional marina space. He stated that he feels that he cannot vote either way on this issue at this point and would like to table this resolution for an indefinite period of time until we get more information. He further stated that he does not feel comfortable endorsing anything regarding this matter at this time. Tabling Resolution By Commissioner Cannon: Seconded by Commissioner Daley RESOLVED, That the Allen Treman State Park Marina Improvements resolution be tabled for an indefinite period of time. A vote on the resolution resulted as follows: Ayes (4) - Cannon, Daley, Sprague, Mayor Gutenberger Nays (1) Cox Carried (4 -1) Mayor Gutenberger stated that it is important for the Board of Public Works members to get their individual concerns to the appropriate bodies to be answered. Common Council Liaison Nichols stated as a point of information that he has talked with the Chair of the Planning and Development Committee about having discussion for a,possible compromise on the Agenda for the August 23, 1989 Planning and Development Committee meeting.. Commissioner Daley stated that he was uncomfortable with the wording as it could be interpreted as endorsing a number of different options which may not have intended. 4 0 _m Q August 16, 1989 WATER AND SEWER ITEMS: Proposed Change in Wording for Municipal Code - Water and Sewer Resolution By Commissioner Cox: Seconded by Commissioner Cannon WHEREAS, the New York State Department of Environmental Conservation has requested that the City modify its sewer use ordinance contained in Chapter 245 - Water and Sewer of the Municipal Code; now, therefore, be it RESOLVED, That paragraph 3 of subsection 245.39 -a, Part III, Section 1, Item 1.1 be modified to include the following statement: "The user charges shall be reviewed annually and the rates revised as necessary to insure that adequate revenues are generated to pay for the cost of operation and maintenance, including replacement ", and be it further RESOLVED, That the Board of Public Works forwards this proposed change to the Charter and Ordinance Committee for their consideration and action prior to its adoption by Common Council. Carried Unanimously REPORT OF SPECIAL COMMITTEES: Audit Report Resolution By Commissioner Sprague: Seconded by Commissioner Daley RESOLVED, That the bills as listed on-'the following Abstracts be approved for payment: Abstract #15 General Fund. . . . . . . . . . . .$ 30,456.64 Water and Sewer Fund. . . . . . . .$ 38,873.25 Joint Activity Fund . . . . . . . .$ 6,018.98 Capital Projects. . . . . . . . .$ 89,200.06 and be it further RESOLVED, That bills receivable be approved and rendered. Carried Unanimously Theta Chi Fraternity - Expungement of Clean -up Charges A request was received from the Theta Chi Fraternity for expungement of $132.17 for Department of Public Works services to clean up the property at 40 Ridgewood Road. This is due to a notification mistake in the Building Department - they notified a contractor working on the property instead of the actual property owners. Resolution By Commissioner Sprague: Seconded by Commissioner Cannon WHEREAS, after reviewing this request, the Board agrees that the mistake was due to the fact that the property owners were not properly notified by the Building Department; now, therefore, be it RESOLVED, That the Board of Public Works expunges the $132.17 clean -up charges billed to the Theta Chi Fraternity, and be it further RESOLVED, That the Board requests the Building Department to reimburse the Department of Public Works for $88.11 as this expungement is due to their error. Carried Unanimously NEW BUSINESS: Disposition of Portion of S. Tioga St. Mayor Gutenberger asked the Acting Supt. of Public Works Fabbroni 189 190 August 16, 1919 if we should be taking any action today other than the Public Hearing. Acting Supt. of Public Works Fabbroni responded that we do have a recommendation but we have to perfect a legal description. He referred to the survey map that was presented to the Board. He described the land layout and boundaries to the Board. Commissioner Cox asked about a small parcel to the south that appears land - locked. Acting Supt. Fabbroni responded that the parcel would be transferred to the County. Commissioner Daley asked if this was a donation of land. Mayor Gutenberger responded that there will be a transfer for $1.00 (One Dollar) similar to the procedure that was used at Southwest Park. Further discussion followed on the floor. Resolution By Commissioner Daley: Seconded by Commissioner Cox RESOLVED, That the Board of Public Works formally abandon the use of that portion as identified on the survey map of the 200 block of South Tioga Street as a public street; and be it further RESOLVED, That the Board of Public Works also recommends to Common Council that Council continue with the land disposition procedure. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 5:10 P.M. Connie J. liolcomb Acting Deputy City Clerk