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HomeMy WebLinkAboutMN-BPW-1992-12-23 1 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:00 P.M. December 23, 1992 PRESENT: Mayor Nichols Commissioners (5) Rusoff, Reeves, Gerard, Cox, Brandford OTHERS PRESENT: Superintendent of Public Works - Gray Asst. Superintendent of Streets & Facilities - Ferrel Asst. Superintendent of Water & Sewer - Shimer Common Council Liaison - Berg Deputy City Controller - Thayer Deputy City Clerk - Boyle EXCUSED: Commissioner Tripp PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American Flag. APPROVAL OF MINUTES: Approval of Minutes of the December 9, 1992 Board of Public Works Meeting By Commissioner Rusoff: Seconded by Commissioner Reeves RESOLVED, That the Minutes of the December 9, 1992 Board of Public Works meeting be approved as published. Carried Unanimously COMMUNICATIONS FROM THE MAYOR: Mayor Nichols read the following letter from Victor Rozenfine, Public Health Engineer, Tompkins County Department of Health, into the record: "Dear Mayor Nichols: Enclosed are the report and forms constituting the 1992 annual survey of the City of Ithaca's water system. We are very glad to note that construction of the new chlorination and chemical handling facilities has begun. This will lead to a safer operation. The City's staff at the water plant continues to do an outstanding job producing safe water with the facility as it exists. Sincerely, Victor Rozenfine, Public Health Engineer" COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Alan Cohen, 302 East State Street, Ithaca, owner of Simeon's On The Commons, 224 East State Street, addressed the Board regarding the recent changes to the commercial recycling regulations. Mr. Cohen stated that he is dismayed that the City is no longer handling commercial recycling material. He explained that many downtown businesses do not have the room to store the commercial recycling bins that private haulers provide them with, and is concerned that business owners may start disposing of their recycables with their regular trash. BPW Minutes December 23, 1992 2 Superintendent Gray reminded Mr. Cohen that disposing recyclable material in regular trash is a violation of the City of Ithaca Recycling Ordinance. He further explained that the City no longer collects commercial recycling material due to financial reasons that are a result of the recycling contract between the County and the City. The County has stated that their program is only intended for residential recycling. Mayor Nichols suggested that Mr. Cohen speak with members of the Solid Waste Committee of the Tompkins County Board of Representatives regarding this matter. Lance Barr, 114 Auburn Street, addressed the Board regarding installing an All Way Stop at the intersection of Tompkins, Dey, and Auburn Streets. He stated that a neighborhood petition was submitted a couple of years ago and traffic counts have been taken. He asked the Board what the status of this request is. Mayor Nichols stated that the Board would research this request and discuss it further at a Committee of the Whole meeting in January. Sharon Weaver, 490 Floral Avenue, addressed the Board regarding the Resolution on the agenda pertaining to the beavers in the Van Atta's dam area of Six Mile Creek. Ms. Weaver explained that she is a teacher at Belle Sherman Elementary School and stated that the children are concerned about the welfare of the beavers. She further explained that the beavers are a great teaching tool as many classes spend time in the Six Mile Creek area and Wildflower Preserve for nature and science lessons. BUILDINGS, PROPERTIES AND TRANSIT ITEMS: Encroachment Agreement for 132 University Avenue By Commissioner Rusoff: Seconded by Commissioner Gerard WHEREAS, Robert and Kathleen Seibel are the property owners of 132 University Avenue, and WHEREAS, according to the most recent survey map, the front steps are on City property 3 to 4 feet, more or less, and has been reviewed by staff; now, therefore, be it RESOLVED, That the Board of Public Works authorizes the Mayor to enter into an encroachment agreement with Mr. and Mrs. Seibel according to the usual terms. Carried Unanimously CREEKS, BRIDGES AND PARKS ITEMS: DeWitt Park Usage Policy By Commissioner Gerard: Seconded by Commissioner Rusoff WHEREAS, the Board of Public Works has received requests for clarification of its policy on DeWitt Park usage, and WHEREAS, the Board of Public Works desires to be fair and consistent in its treatment of requests for DeWitt Park usage; now, therefore, be it RESOLVED, That the following policy will serve as the Board of Public Works' policy in guiding decisions: - That the Board of Public Works' primary interest is to maintain DeWitt Park as a contemplative space in keeping with its function as a Veteran's Memorial and a common space for several churches, and BPW Minutes December 23, 1992 3 - That requests to use the park will be reviewed by the Superintendent or the Superintendent's designee on a case- by-case basis with the exception of requests that involve amplified sound, including music, and/or the sale of product, and - That requests which involve amplified sound and/or sales of products will be denied by the Superintendent of Public Works or his designee. - In all cases recourse of appeal is the Board of Public Works. Carried Unanimously Beavers in Six Mile Creek There has been much concern about the presence of beavers in the Six Mile Creek area. The Board requested that a representative from DEC tour the gorge and make recommendations concerning possible removal of the beavers. Resolution By Commissioner Gerard: Seconded by Commissioner Rusoff WHEREAS, Mr. Roger Miner from the DEC toured the area with City staff and assessed the population of beavers as two or three individuals with poor growth potential, and WHEREAS, Mr. Miner determined their impact as minimal and not justifying their removal, and WHEREAS, Mr. Miner acknowledged that the decision of removal remains with the City during the regular trapping season; now, therefore be it RESOLVED, That the Board of Public Works thanks Mr. Miner for his time and effort, and, be it further RESOLVED, That the Board will not take any action to remove the beavers from the Six Mile Creek area, and, be it further RESOLVED, That the Board welcomes a joint monitoring of the situation by staff and Six Mile Creek Committee members, and requests to be kept informed and consulted in any further findings thereof. Discussion followed on the floor regarding the intent of the Resolution. Amending Resolution By Commissioner Brandford: Seconded by Commission Reeves RESOLVED, That the second Resolved Clause will read as follows: "RESOLVED, That the Board of Public Works will not take any action to remove the beavers from the Six Mile Creek area between Van Atta's dam and the lower reservoir at this time, and, be it further" Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (4) Nichols, Rusoff, Cox, Gerard Nays (2) Brandford, Reeves BPW Minutes December 23, 1992 4 Carried REPORT OF SPECIAL COMMITTEES: Audit Report By Commissioner Reeves: Seconded by Commissioner Brandford RESOLVED, That bills listed on the following Abstract be approved for payment: Abstract #23 General Fund........................................$ 52,208.44 Water and Sewer Fund................................ 12,499.61 Joint Activity Fund................................. 9,241.23 Capital Projects.................................... 243,511.61 Solid Waste......................................... 27,231.20 and, be it further RESOLVED, That bills receivable be approved. Carried Unanimously UNFINISHED BUSINESS: Commissioner Reeves noted that Superintendent Gray is prepared to discuss the 1993 Department of Public Works Work program, but will postpone his report until January when Commissioner Tripp will be present. NEW BUSINESS: Thank You to Commissioner Philip Cox WHEREAS, Phil Cox was appointed to the Board of Public Works in 1989, and WHEREAS, Phil has served on various committees during his term on the Board, and WHEREAS, Phil was elected Chairman of the Sewer Joint Committee in 1990 where through his capable leadership he was instrumental in finalizing the Sewer Use Ordinance for the City of Ithaca, Town of Ithaca and the Town of Dryden, as well as being the guiding force in helping define the boundaries of the Wastewater Treatment Plant service area, finding a solution to the Kline Road sewer problem, and helping members of the SJS through the myriad of information dealing with determining the excess capacity of the Wastewater Treatment Plant, and WHEREAS, Phil has brought many talents to the Board of Public Works such as engineering expertise, his knowledge as past City Engineer, concern for the City as a long time resident, strong leadership skills, and a dry sense of humor, and WHEREAS, during Phil's tenure on the Board of Public Works some of the more notable projects include Hudson Street reconstruction, establishment of Carpenter Business Park, Dryden Road reconstruction, reconstruction and replacement of five City bridges, the new City Court facility, and last but not least, the beaver problem in Six Mile Creek; now, therefore, be it RESOLVED, That the Board of Public Works extends to Phil its sincere thanks for all his time, effort, and support to the Board and to the City, and, be it further RESOLVED, That the Board of Public Works extends to Phil its best wishes for success in all his future endeavors. BPW Minutes December 23, 1992 5 Carried Unanimously Commissioner Cox thanked the Board for their warm wishes, and noted that though they may not have always agreed on issues, he commends this Board for all of the hard work and energy that they bring to solving various City problems. He further commented that although they are not always appreciated, the civic duties the Commissioners perform are worthy of note, and that he will always remember the energy that this Board has expended. ADJOURNMENT: On a motion the meeting was adjourned at 4:55 P.M. Julie Conley Boyle, Benjamin Nichols, Deputy City Clerk Mayor BPW Minutes December 23, 1992 6 BOARD OF PUBLIC WORKS COMMITTEE OF THE WHOLE CITY OF ITHACA, NEW YORK Regular Meeting 4:00 P.M. December 16, 1992 The following Resolution was passed by the Board of Public Works at the December 16, 1992 Committee of the Whole meeting when the Board had Power to Act. Hillview Place Sewer Lateral By Commissioner Tripp: Seconded by Commissioner Rusoff WHEREAS, a private sewer lateral exists on Hillview Place which serves several properties located on Hillview Place and which currently connects to the City's sewer main in South Cayuga Street, and WHEREAS, this private sewer lateral is currently in need of repairs, and WHEREAS, there have been discussions and negotiations regarding the rights and responsibilities with respect to this lateral of the City and the owners of properties which are served by this private lateral; now, therefore, be it RESOLVED, That contingent upon the owners of all of the properties which use this private lateral, granting to the City of Ithaca, in a form acceptable to the City Attorney, an easement to install, operate and maintain any existing or future necessary public utility lines in those portions of Hillview Place owned by the owners of properties which use this private sewer lateral, namely 501 South Cayuga Street and 105, 107, and 108 Hillview Place; and further contingent upon the owners of all of the properties which use this private lateral repairing the section of the lateral east of a mutually agreeable point located between Cayuga Street and the west edge of the porch on the property of Vanderburgh (501 South Cayuga Street) to a condition satisfactory to the Superintendent of Public Works, that the Department is authorized to repair the section of the lateral west of the aforesaid point and to consider the Hillview Place private sewer lateral as a proper private sewer lateral which is to be connected to the City's sewer main in South Cayuga Street, and, be it further RESOLVED, That existing easement between 501 South Cayuga and 105 Hillview Place (Mechanic Street in original) be updated to include all involved properties and filed with the City Clerk in accordance with Section 348-12 of the City Code, and, be it further RESOLVED, That contingent on the filing of the easement and the entire private sewer lateral being properly maintained in the future by the owners of properties which use the private sewer BPW Minutes December 23, 1992 7 lateral, the Department shall continue to allow the private lateral to remain connected to the City's sewer main in South Cayuga Street. Carried Unanimously (Commissioner Cox absent from meeting)