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HomeMy WebLinkAboutMN-BPW-1997-08-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 p.m. August 27, 1997 PRESENT: Mayor Cohen Commissioners (6) - Ehrhardt, Seligmann, Smith, Vargas (did not vote on 12A or 12B), Gutenberger, Jenkins OTHERS PRESENT: City Clerk - Holcomb Deputy City Controller - Thayer Superintendent of Public Works - Gray Assistant Superintendent of Water and Sewer - Fabbroni Common Council Liaison - Gray EXCUSED: Assistant Superintendent of Streets and Facilities - Ferrel 1. PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. 2. MINUTES: 3. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Smith requested that Items 12H and 12I be added to the agenda. No board member objected. 4. MAYOR'S COMMUNICATIONS: Mayor Cohen reported on the following items: City Hall first floor redesign; East Hill residential parking permits – committee to be appointed from 3rd, 4th and 5th Wards 5. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: David Nutter spoke on the following matters: in favor of the traffic improvements to Spencer Rd; modifications to the triangle to improve bike and pedestrian traffic; the lack of BAC involvement in Spencer Rd changes; lack of visibility at the intersection; Rt 96 bridge – Rt 89 lane being used for high-speed traffic merging; Buffalo St traffic calming at BJ Martin School danger to bicyclists. Commissioner Ehrhardt responded: Spencer Rd triangle may need further work; communication between BPW and BAC needs improvement; Buffalo St traffic calming is focused on the school children, but process was public and extensive; Meadow/Esty St problems are being addressed by another group Mayor Cohen responded: Meadow/Esty St parking could be pushed away from the intersection; met with DOT about Rt 96 bridge 7. REPORT OF CITY CLERK: City Clerk Holcomb reported that Commons Use Permits will be issued by the Clerk’s Office. The Clerk’s Office, Planning Dept, Mayor’s Office and Superintendent’s Office will be reviewing Commons legislation and recommending changes in the permitting procedures. 8. REPORT OF CITY ATTORNEY: 9. REPORT OF CITY CONTROLLER: 10. REPORT OF COUNCIL LIAISON: 11. REPORT OF OTHER DEPARTMENT HEADS: 12. BUILDINGS, PROPERTIES, TRANSIT, PARKS, WATER, SEWER AND SOLID WASTE ITEMS: A. Request for Trash Violation Expungement. By Commissioner Smith: Seconded by Commissioner Ehrhardt WHEREAS, Chien Cheng, owner of 105 North Quarry Street, received a trash violation fine for early placement of trash, and WHEREAS, Mr. Cheng has requested that the board expunge the fine because he feels his tenants did not receive adequate information on the new recycling pickup schedule; now, therefore, be it RESOLVED, That the Board of Public Works hereby denies Mr. Cheng’s request to expunge the trash violation, and be it further RESOLVED, That the board feels that adequate notification to city residents was made through mailings from the county, media coverage, city notices, and the 24 hour warning tag system used by city crews. A vote on the resolution resulted as follows: Carried Unanimously B. Request to Fund 1997 Transit Consolidation Capital Project. By Commissioner Smith: Seconded by Commissioner Ehrhardt RESOLVED, That the Board of Public Works requests the Budget and Administration Committee to establish a Capital Project for Transit Consolidation, and be it further RESOLVED, That the funding requested is one-third of the amount required in accordance with the tentative consolidation agreement between the county, Cornell University and the city, and based on the recommendation of the Transit Operations Committee. Discussion followed on the floor. August 27, 1997 - Page 2 A vote on the resolution resulted as follows: Carried Unanimously C. Request for Use of Dewitt Park. By Commissioner Smith: Seconded by Commissioner Jenkins The First Church of Christ, Scientist has requested the use of Dewitt Park on Saturday, September 13, 1997 from 2:00 pm until 4:00 pm, for part of a lecture series. Included in the request is use of a tent and a microphone. The request has been denied by the Superintendent of Public Works based on the agreement between the First Presbyterian Church, owner of the park and the city, policy set by the Board of Public Works and past denied requests. (Policy set by the Board of Public Works in 1992 states that requests involving amplified sound be denied.) The First Church of Christ, Scientist is appealing the decision of the Superintendent to the board. Mayor Cohen and the board have suggested that an exception be made by allowing the church to use the park and that language in the resolution be included so that this event does not set a precedent. WHEREAS, the church wishes to hold part of its lecture series in Dewitt Park because of the location; now, therefore, be it RESOLVED, That the First Church of Christ, Scientist be allowed to use Dewitt Park on Saturday, September 13, 1997 from 2:00 pm until 4:00 pm, and be it further RESOLVED, That the board does not intend to set a precedent for the use of amplified sound in the park and that the use of the sound system should be directed away from the residential area at the intersection of Buffalo and Cayuga Streets. Discussion followed on the floor. Commissioner Ehrhardt stated for the record the resolution’s emphasis that this resolution does not set a precedent for use of Dewitt Park. A vote on the resolution resulted as follows: Ayes (5): Cohen, Ehrhardt, Jenkins, Seligmann, Smith Carried (5-1-1) Nays (1): Gutenberger Abstentions (1): Vargas D. Approval of Formation of Natural Areas Committee - Discussion Review not complete. Mayor Cohen stated that Doug Foster is still preparing a write-up of the changes to the proposed Natural Areas Commission legislation. Discussion followed regarding the necessity of extensive review before changes are made to natural areas administration. E. Request for Expungement of Water and Sewer Bill. By Commissioner Smith: Seconded by Commissioner Ehrhardt Ronda Johnson, owner of 326 North Plain Street, received a water bill for $952.56. The bill was a result of a reading taken from the inside meter that indicated a different amount than the outside reader. The water use pattern for that address has been significant ($100+/qtr.) And differences appears to have developed over a 10 year period. The Johnson’s purchased the property from the estate of a relative in 1996. The Assistant Superintendent has reviewed the billing and feels that the service was provided, and that the error in readings could have been detected if a special reading had been requested at the time the property changed hands. WHEREAS, discrepancy in meter readings between the inside and outside registers has been detected for the meter at 326 North Plain Street, and WHEREAS, the discrepancy of 25,000 cubic feet of water and sewer service has a value of $822.96 at current rates, and WHEREAS, Ronda Johnson, who purchased the property in 1996 has requested that this additional service charge be expunged from her bill because she was unaware of any liability which may have existed at the time of purchase and because it represents an extreme financial hardship, and WHEREAS, the Assistant Superintendent for Water and Sewer has reviewed the request and recommends that the bill be paid after being adjusted for changes in sewer and water rates, resulting in at $177.80 decrease in the amount of the additional bill; now therefore, be it RESOLVED, The Board of Public Works accepts the Assistant Superintendent of Water and Sewer’s recommendation to adjust the bill by an amount $177.80. Extensive discussion followed on the floor with Ronda and Martin Johnson. Assistant Superintendent Fabbroni explained the billing procedures. Commissioner Smith recommended that inside and outside meters be read at the time of property ownership changes for a fee. Assistant Superintendent Fabbroni spoke in favor of such a plan, but without a fee. Amending Resolution By Mayor Cohen : Seconded by Commissioner Vargas RESOLVED, That the RESOLVED clause be replaced with the following: RESOLVED, That the Board of Public Works directs that the bill be reduced in an amount equal to 90% of the difference between the inside and outside meter readings which will result in a charge to Ms. Johnson for her usage of water for the past year, and, be it further RESOLVED, That the Superintendent is directed to present to the board at its October Committee of the Whole meeting a resolution for its consideration regarding the reading of inside and outside water meters whenever a property changes ownership. August 27, 1997 - Page 3 A vote on the amending resolution resulted as follows: Carried Unanimously Amended Resolution A vote on the amended resolution resulted as follows: Carried Unanimously F. Approval of Tompkins County Waterfront Plan. By Commissioner Smith: Seconded by Commissioner Seligmann WHEREAS, the Planning and Economic Development Committee of Common Council has requested the Board or Public Works review the Tompkins County Waterfront Plan (Trowbridge & Wolf, January 1997) and make a recommendation on its adoption, and WHEREAS, the board has reviewed the TCWP and believes it to contain constructive suggestions for the appropriate development of the waterfront resource; now, therefore, be it RESOLVED, That the Board of Public Works recommends to the Planning and Economic Development Committee of Common Council that it adopt those parts of the Tompkins County Waterfront Plan which are located within the City of Ithaca, and be it further RESOLVED, That the board recommends to the Planning and Economic Committee that it adopt the Tompkins County Waterfront Plan as a first step in the preparation of an intermunicipal Local Waterfront Revitalization Plan for Tompkins County. Amending Resolution By Commissioner Ehrhardt: Seconded by Commissioner Smith RESOLVED, That the second WHEREAS be modified and WHEREAS clauses be added as follows: “…waterfront resource, and, WHEREAS, the city’s Parks Commission recommends that this plan be adopted, and, WHEREAS, the board has previously expressed its concern to Common Council that the creation of new city public amenities be accompanied by an appropriate increase in Department of Public Works budget to cover the cost of maintenance of the new facilities. A vote on the amending resolution resulted as follows: Carried Unanimously Amended Resolution A vote on the amended resolution resulted as follows: Carried Unanimously G. Request for Waiver of Fee for Stewart Park Pavilion. By Commissioner Smith: Seconded by Commissioner Gutenberger WHEREAS, Black Umbrella Productions is a small non-profit theater company that has reserved the large pavilion in Stewart Park for September 6, 1997, and WHEREAS, the group’s performance will be free to the public, they are asking the Board of Public Works to waive the pavilion fee for their performance; now, therefore, be it RESOLVED, That the Board of Public Works has reviewed the request for the waiver of fee for the large pavilion in Stewart Park and hereby denies the request based on the board’s policy not to grant waiver of fees for the use of pavilions in Stewart Park. Discussion followed on the floor. Commissioner Ehrhardt stated that Black Umbrella could use the pavilion on a first-come, first-served basis. A vote on the resolution resulted as follows: Carried Unanimously H. Parking Lot Equipment By Mayor Cohen: Seconded by Commissioner Vargas WHEREAS, new parking lot equipment has been acquired and is being installed in the downtown city-owned lots in order to improve operation and control of the lots, and WHEREAS, the new equipment is largely compatible with the existing lot operation and fare structure which the board adopted for 1997, and WHEREAS, the new equipment will allow a number of new pass options to be added to the rate structure, now, therefore, be it RESOLVED, That the Board of Public Works adopts the following rate items on an interim basis for 1997 while other items are being developed: Issue Proximity Card $5.00 (non-refundable) Replace Lost or Stolen Card $10.00 Discussion followed on the floor. Amending Resolution By Commissioner Smith RESOLVED, That the issue price for a proximity card be changed to $10.00 Failed for lack of a Second Amending Resolution By Commissioner Smith RESOLVED, That the replacement price for a proximity card be changed to $5.00 Failed for lack of a Second Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously August 27, 1997 - Page 4 I. Dryden Road Parking Rates By Commissioner Smith: Seconded by Commissioner Ehrhardt RESOLVED, That the monthly rates for the Dryden Road Parking Garage be changed to $85/day and $85/night. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 13. TRAFFIC, HIGHWAYS, STREETS, SIDEWALKS, CREEKS AND BRIDGES ITEMS: 14. ADMINISTRATION AND COMMUNICATIONS ITEMS: 15. REPORTS OF SUPERINTENDENT AND STAFF: Superintendent Gray reported to the board on the following matters: paving – Mitchell St, Spencer Rd, Aurora St bridge, Columbia St, MHA St; sidewalk program; Frosh Alley; Esty St sidewalk; Boathouse stabilization; Southside renovations; Stewart Ave bridge bids due (bridge will be closed in October); Cold Storage Building to bid soon; GIAC door project underway; Ithaca Rd tree work; Rt 96 project – 550 trees have been planted; Stewart Ave landslide bids out soon; Collegetown mini-recycling bins used by merchants for business recycling – bills have been issued; snow plow preparation; underground fuel tanks; Commons kiosk time/temperature controls rebuilt Assistant Superintendent Fabbroni reported to the board on the following matters: interceptor work; DEC issued silt dam permit and permit to cross Fall Creek with sewer line; SJS investigation of service to the Town and Village of Lansing; pump station remote computer monitoring; pump station construction; NYS Bond Act – revolving fund loans for Water Plant improvements and Sewer Collector Program; Clean Water Act applications; Rite Aid site plan approvals 16. REPORT OF SPECIAL COMMITTEES: Budget Meetings: Sept 3rd 4-6pm; Sept 17th 4-6pm Traffic Committee Agenda: Sept 16th 5pm Odd/even parking Downtown one-way to two-way conversion 17. REPORT OF BOARD LIAISONS: 18. UNFINISHED BUSINESS: 19. NEW BUSINESS: 20. ADJOURNMENT: On a motion, the meeting adjourned at 9:45 p.m. William Kaupe Alan J. Cohen Deputy City Clerk Mayor