HomeMy WebLinkAboutMN-BPW-1989-08-16m
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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