HomeMy WebLinkAboutMN-BPW-2000-04-12BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:30 p.m. April 12, 2000
PRESENT:
Mayor Cohen
Commissioners (5) - Beach, Leonardo, Vargas-Mendez, Gutenberger,
Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
Deputy City Controller - Thayer
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer - Fabbroni
Common Council Liaison - Hershey
Deputy Police Chief – Signer
Community Development Planner – Bohn
EXCUSED:
Commissioner Jenkins
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Cohen requested that the following items be added to the
agenda:
Appeal of Sidewalk Assessment for 417 Cascadilla Street
Appeal of Sidewalk Assessment for 124 East Court Street
Pedestrian Bridge at Plain Street
Power To Act: Sidewalk replacement and use of First Street
Power To Act: Thurston and Wait Avenue
Request to Close Cayuga Street: Kitchen Theatre
Closing of the 100 block of West State: Festival
No board member objected.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Ed Humulock, S. Titus Avenue resident, questioned the excavation
and removal of asphalt on S. Titus Avenue. He expressed his
desire to beautify the Northside of 6 Mile Creek similar to the
work done on the Southside.
Leo Teeter, City of Ithaca businessman, questioned the diverter
installation and who wished to have them placed where they are.
Steven Ehrhardt, S. Albany Street resident, suggested that the
Board withhold judgement on the placement of the traffic
diverters until all data is collected within the next few months.
He added that the lack of “No Truck Signs” has allowed even City
of Ithaca vehicles to access the downtown streets.
Shelley Garvey, S. Geneva Street resident, expressed her
opposition to the traffic diverters and doesn’t feel as though
Ithaca should be a gated community.
Marissa Shaffer, S. Plain Street resident, is opposed to the
diverters and feels as though that neighborhood is getting
preferential treatment.
Nicole Carrier, Wood Street resident, supports the installation
of the traffic diverters, thanked the Board of Public Works for
Board of Public Works –April 12, 2000 - Page 2
their actions and submitted a petition to the Board in support of
the traffic calming measures.
Mayor Cohen reminded the members of the public that the diverter
installation is for a 90 day trial period and the Board will not
make decisions today.
Sue Perlgut, Wood Street resident, thanked the Board for the
diverters.
David Ayers, resident of the S. Titus area, stated that the
diverters has caused a drug problem and that people are driving
over curbs to get around diverters.
Charles Rainwith, S. Titus Avenue resident, noted that the
diverters are successful in directing traffic into parking lots.
Judith Saul, S. Titus Avenue resident, stated that she has
noticed a decrease in traffic. The City should look at long term
solutions to traffic calming.
Rick Rogers, Wood Street resident, expressed concern with the
preservation of neighborhoods in light of development and
increased traffic.
David Law, S. Plain Street resident, stated that members of
Common Council and the Mayor were well received at an open
discussion relating to the traffic diverters at Titus Towers.
Bernadette Fiocca, S. Titus Avenue, spoke in favor of the
diverters but does not want the issue to polarize the
neighborhood. The potential exists to create a safe environment
for the children and seniors.
Annie Ball stated that the actions taken were not one of the
options up for discussion at the neighborhood meetings. She
stated that the Department of Public Works trucks were accessing
Titus Avenue parking lots in order to bypass the diverters.
Marilyn Pepigon, a resident of the Wood Street area, thanked the
Board for the barriers. She noted that people and children are
accessing the streets like never before and the decreased traffic
is a blessing.
Fay Gougakis, Fall Creek resident, stated that the Cascadilla
Creek walls are deteriorating. She added her concern over the
speed of traffic in our community. She had mixed feelings about
the traffic barriers since she has relief from traffic for the
few blocks with the diverters then is threatened by the Route 13
traffic when approaching the grocery stores.
Karen Kenerson, Ithaca Plaza business owner, stated that the
Ithaca Plaza parking lot is being used as a through street and
creating a traffic hazard. The increased traffic prevents
residents from supporting the businesses in the area affected.
RESPONSE TO THE PUBLIC
Asst. Supertendent Ferrel described the maintenance procedures
for North and South Titus streets and curbs. Curbs are repaired
as streets are maintained. He will look at the North Titus curb
to see about repairs. He further explained that there are creek
bank volunteers that limit the vegetation growth on the Southside
of Six Mile Creek, although City crews perform some of the work.
Asst. Supt. Ferrel stated that he will speak with City Forester
Andy Hillman and determine the timeframe for the cleanup work to
be completed.
Deputy Chief Signor stated that the Police Department needs to
know when cars are driving on curbs then action can be taken.
Board of Public Works –April 12, 2000 - Page 3
Mayor Cohen added that he will request that an IPD vehicle be
posted in the area. He also responded to the request for stop
signs in the Ithaca Shopping Plaza. He promised that the Traffic
Engineer would evaluate the area and legally place the signage.
Mayor Cohen described the history of the traffic diverters. The
original idea was his and other Board of Public Works members
should not take the blame for the process. In the past the Board
had tried other options. The City will continue to look at
surrounding neighborhoods once traffic patterns settle out.
Commissioner Beach expressed his thanks to the people who came to
speak out. He understands the inconvenience of residents and
weighs the need to decrease and divert traffic now. Once
development occurs, the neighborhoods will be lost unless action
is taken to preserve them. The housing values in the area have
decreased due to the traffic. Fire Chief Wilbur has stated that
his department has encountered no major access issues. The Ithaca
Shopping Plaza remains to be a problem that warrants addressing.
Commissioner Korherr confirmed that this is a trial period. The
public should stay patient until the data can be analyzed and
long term solutions can be implemented.
Alderperson Hershey added that the resolution drafted by the
Board of Public Works included the Department of Public Works’
directive to conduct long-range traffic studies.
HIGHWAYS, STREETS, AND SIDEWALKS ITEMS:
Appeal of Sidewalk Assessment for 417 Cascadilla Street
By Commissioner Leonardo : Seconded by Commissioner Vargas-
Mendez
WHEREAS, Russell Brann, owner of 417 Cascadilla Street, received
a 1999 sidewalk assessment for sidewalk work completed on his
property, and
WHEREAS, Mr. Brann explained to the Board of Public Works that he
did not receive notice of when the city would complete the work
after the 1996 notice, and
WHEREAS, Mr. Brann stated that had he been aware of the city’s
intention to do the work in 1999, he would have replaced the
sidewalk himself at a lower cost, and
WHEREAS, it is the department’s policy to notify the homeowner
prior to sidewalk replacement, and staff has not produced the
July 22, 1999 letter sent to other properties on the assessment
list, and
WHEREAS, the Board of Public Works has reviewed information
provided by staff and Mr. Brann concerning the sidewalk
assessment for 417 Cascadilla Street; now therefore, be it
RESOLVED, That the Board recognizes that the City’s contractor
completed the sidewalk replacement work, and feels that the
homeowner is responsible for payment because Mr. Brann
acknowledged that he had notice in 1996 that the work needed to
be done along with a diagram showing the failing segments and the
burden should not be left on the other taxpayers of the City, and
be it further
RESOLVED, That the Board hereby denies the request for full
expungement of the sidewalk assessment for 417 Cascadilla Street,
and be it further
RESOLVED, That Mr. Brann be billed for the work related only to
the 175 feet of 6” sidewalk.
Board of Public Works –April 12, 2000 - Page 4
Extensive discussion followed on the floor regarding the history
of this issue. Mr. Brann was notified of defects on 175 feet of
6” sidewalk in 1996, but was not notified that the City intended
to replace the sidewalk in 1999. Mr. Brann was also not notified
that the City further intended to replace an additional 75 feet
of 4” sidewalk. City staff has been unable to produce a copy of
said notification. Mayor Cohen expressed a desire to explore
ways to reduce the amount of time that lapses between
notification of defects, and sidewalk replacements.
A vote on the Resolution resulted as follows:
Carried Unanimously
Appeal of Sidewalk Assessment for 124 East Court Street
By Mayor Cohen: Seconded by Commissioner Leonardo
WHEREAS, David Ferris, owner of 124 East Court Street, received a
1999 sidewalk assessment for sidewalk work completed on his
property, and
WHEREAS, Mr. Ferris had several exchanges of correspondence with
staff concerning the slate sidewalk that was in place prior to
the work, and
WHEREAS, Mr. Ferris feels that since his property is in a
historic district that the slate sidewalk contributed to the
historic value of the property, but did not take any action to
correct the defects in the walk despite several notices between
1990 and 1996, and
WHEREAS, no action was taken following the city’s August 1999
letter resulting in repairs done by the city’s contractor, and
WHEREAS, the Board of Public Works has reviewed information
provided by staff and Mr. Ferris concerning the sidewalk
assessment for 124 East Court Street; now, therefore be it
RESOLVED, That the board recognizes that the city’s contractor
completed the sidewalk replacement work, and feels that the
homeowner is responsible for payment because notice of the need
to repair sidewalk defects had been received as early as 1990 and
the burden should not be left on the taxpayers of the city, and
be it further
RESOLVED, That the Board hereby denies the request to expunge
the sidewalk assessment for 124 East Court Street.
Motion to Table
By Mayor Cohen :Seconded by Commissioner Korherr
RESOLVED, That this item be tabled pending further discussion.
Carried Unanimously
Alderperson Hershey suggested that the Board confer with the
Ithaca Landmarks Preservation Commission for historical value of
replacing slate.
Adoption of ILPC Proposed Policy for Slate Sidewalks.
By Commissioner Beach :Seconded by Commissioner Gutenberger
WHEREAS, the Ithaca Landmarks Preservation Committee has been
concerned with the removal of slate sidewalks within historic
districts of the city, and
WHEREAS, ILPC is pointing out that the Department of Public Works
must follow Section 228-4(I) of the City Code that requires all
work scheduled to be done in the historic districts, which may
result in a material change of use or appearance shall be
reviewed by ILPC, and
Board of Public Works –April 12, 2000 - Page 5
WHEREAS, ILPC is proposing that when slate sidewalks are replaced
that the replacement should be in kind unless otherwise allowed
and that the owner be charged for the cost as if the replacement
were concrete and the city will defray any excess costs; now,
therefore be it
RESOLVED, That the Board of Public Works hereby approves of the
proposal from ILPC as it is outlined in Leslie Chatterton’s memo
of March 31, 2000, and be it further
RESOLVED, That the Board recommends that Common Council adopt
this proposal to reaffirm the value of historic slate sidewalks
to the character of Ithaca’s historic districts and the intent to
retain these materials.
Carried Unanimously
The Board reviewed the input that they previously discussed in
addition to Leslie Chatterton’s memo. Residences outside of the
historic district would have to follow the procedures defined by
the Department of Public Works.
CDBG Grant Application – Plain Street Bridge
By Commissioner Vargas-Mendez: Seconded by Commissioner Leonardo
WHEREAS, Common Council authorized FY 2000 Small Cities Community
Development Block Grant (CDBG) application, and
WHEREAS, the only public facility included in the grant
application is a $ 35,000 project to make improvements at the
Plain Street pedestrian bridge, now, therefore be it
RESOLVED, That the Board of Public Works hereby approves the
concept of improvements to the Plain Street pedestrian bridge,
including improved lighting and bridge approach improvements
along North Titus Avenue.
Carried Unanimously
PARKING AND TRAFFIC ITEMS:
Proposed Parking Agreement with The Thomas Group
By Commissioner Gutenberger :Seconded by Commissioner Leonardo
WHEREAS, the 1993 parking agreement between the City of Ithaca
and The Thomas Group will expire in October 2000, and has not
exercised its right to extend that agreement, and
WHEREAS, The Thomas Group has expanded its offices and plans for
more expansion, making them a vital asset to the downtown economy
and is currently negotiating a new parking agreement with the
city; now, therefore, be it
RESOLVED, That the Board of Public Works hereby approves of the
proposed parking agreement between the City of Ithaca and The
Thomas Group that would include the following terms:
1) up to 200 permits, with at least 100 available in
the Green Street/Lot D facility and the balance available
within the city’s downtown off-street parking system.
While the city recognizes Thomas’ desire to use the Green
Street facility, Thomas’ recognizes the city may need to
use the permit rate schedule to balance demand and to
respond to conditions,
2) permit pricing would be the same as for any other
parking customer based on the current rate schedule,
3) “Value Cards” will be available for some employees,
4) eligibility for any discount programs that may be
developed,
5) terms of this agreement would be concurrent with The
Thomas Group proposed new building lease.
and, be if further
Board of Public Works –April 12, 2000 - Page 6
RESOLVED, That the Mayor be authorized to enter into such
agreement upon approval by the City Attorney.
Carried Unanimously
Linn Street Bridge over Cascadilla Street Project P.I.N. 375236 –
Designation of Lead Agency Status for Environmental Review
By Mayor Cohen :Seconded by Commissioner Korherr
WHEREAS, State Law and Section 17.6 of the City Code require that
a lead agency be established for conducting environmental review
of projects in accordance with local and state environmental law,
and
WHREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding for
carrying out the action, and
WHEREAS, the proposed adoption of the Bridge Rehabilitation
Project Linn Street over Cascadilla Creek is a “Type II” Action
pursuant to CEQR because it is the maintenance of an existing
facility (replacement in kind) and therefore, does not require
the preparation of an EIS or any other determination or procedure
under the City’s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That the Board of Public Works of the City of Ithaca
does hereby declare itself lead agency for the environmental
review of the proposed adoption of the Bridge Replacement Project
for Linn Street Bridge over Cascadilla Creek.
Carried Unanimously
Power to Act – Determination of Environmental Impact of the Linn
Street Bridge
By Mayor Cohen :Seconded by Commissioner Beach
RESOLVED, That the Board of Public Works grant themselves the
power to act at their April 19, 2000 Committee of the Whole
meeting to discuss the issues relating to the Linn Street Bridge
designation of lead agency.
Carried Unanimously
Power to Act – Award of Bid for 2000 Sidewalk Replacement Program
– Phase A
By Mayor Cohen :Seconded by Commissioner Leonardo
RESOLVED, That the Board of Public Works grants themselves the
Power to Act at the April 19,2000 Committee of the Whole Meeting
to award the bid of the 2000 Sidewalk Replacement Program – Phase
A.
Carried Unanimously
Power to Act – Use of First Street for Science Center Parking
By Mayor Cohen :Seconded by Commissioner Gutenberger
RESOLVED, That the Board of Public Works grants themselves the
Power to Act at the April 19, 2000 committee of the Whole Meeting
to allow the use of a portion of First Street for additional
Sciencenter parking.
Carried Unanimously
WATER AND SEWER ITEMS:
Request for Rebate of Water and Sewer Bill for 319 East Court
Street
By Commissioner Korherr :Seconded by Commissioner Gutenberger
WHEREAS, Shelley Feldman, owner of 319 East Court Street,
recently converted her 1 inch water meter to a 5/8 inch water
meter to reduce the flow into the residence because it was
Board of Public Works –April 12, 2000 - Page 7
believed she was not using as much as the minimum usage charged
for the larger meter, and
WHEREAS, Ms. Feldman believes that she overpaid the city for
water since she did not meet the minimum usage billed for the 1
inch meter and is now requesting reimbursement of her
“overpayments,” and
WHEREAS, the Board of Public Works has reviewed Ms. Feldman’s
request for reimbursement of some portion of her prior years
water bills; now, therefore, be it
RESOLVED, That the Board hereby denies the request since Ms.
Feldman was properly billed for the water meter installed at 319
East Court Street.
Carried Unanimously
Cooperative Extension Request for Use of Cascadilla Creek
By Commissioner Gutenberger :Seconded by Commissioner Korherr
WHEREAS, Cooperative Extension had requested permission to use
Cascadilla Creek for a duck race in the last weekend in April in
conjunction with the 4-H Day Camp: now, therefore be it
RESOLVED, That the Board of Public Works grants Cooperative
Extension the use of the creek provided that they have contacted
Cornell University and have been granted permission to race on
their property and provide staff to ensure that citizen safety is
not compromised along the creek bank, and be it further
RESOLVED, That applicants work with City staff to resolve any
outstanding logistical concerns,
RESOLVED, That Coop. Ext. provide an insurance rider listing the
City of Ithaca as an additional insured on the day of the event
for the million dollar minimum liability amount.
Carried Unanimously
Closure of North Cayuga Street – Kitchen Theatre Co.
By Mayor Cohen :Seconded by Commissioner Beach
WHEREAS, the Kitchen Theatre Company has requested the closing of
N. Cayuga Street between State and Seneca, and
WHEREAS, the Kitchen Theatre has generated a petition of all
businesses in close proximity to the area supporting their desire
for street closure and the event; now, therefore be it
RESOLVED, That the Board of Public Works approve the closure of
N. Cayuga Street on June 18, 2000 from 6:00 pm – 12:00 midnight,
and be it further
RESOLVED, That the Kitchen Theatre provide an insurance rider
adding the City of Ithaca as an additional insured for the day of
the event for a minimum $ 1 million dollar liability amount, and
be it further
RESOLVED, That the meters be properly posted 24 hours in advance
of street closure and that communications with TCAT are made at
least a week prior to the event so that the managers and drivers
will be fully notified and proper adjustments are made, and be it
further
RESOLVED, That the applicants are responsible for the clean up of
the area and in the event of non-compliance will be charged for
the cleanup.
Carried Unanimously
Closure of West State Street – Latino Civic Assoc.
By Mayor Cohen :Seconded by Commissioner Beach
Board of Public Works –April 12, 2000 - Page 8
WHEREAS, the Latino Civic Association has requested the closure
of West State Street between Geneva and Cayuga on April 29, 2000
between 11:00 am and 7:00 pm for their Spring Festival, and
WHEREAS, the Board of Public Works believes it should be
consistent in its policy accomodating street closures for special
events to organizations, and
WHEREAS, the Board has some concerns about the day of this event
but still feels its worth the try to see if it can work on a
Saturday; now, therefore be it
RESOLVED, That the Board of Public Works grant the application to
close the 100 block of West State Street on the date and time
requested
RESOLVED, That the Latino Civic Association provides an isurance
rider listing the City of Ithaca as an additional insured for the
day of the event for a minimum $ 1 million dollar liability
amount, and be it further
RESOLVED, That the applicant arrange for meters be properly
posted 24 hours in advance of street closure and that the City
communicate with TCAT at least a week prior to the event so that
the managers and drivers will be fully notified and proper
adjustments are made, and be it further
RESOLVED, That the applicants are responsible for the clean up of
the area and in the event of non-compliance will be charged for
the cleanup, and be it further
RESOLVED, That the individual merchants on that block receive
advanced notification of the event.
Carried Unanimously
Reconfiguration of Thurston and Wait Avenue
By Mayor Cohen :Seconded by Commissioner Beach
RESOLVED, That the Board of Public Works directs Engineering
staff to evaluate the intersection at Thurston and Wait Avenues
in light of the fact that this intersection will be subject to
road work this summer with an eye towards any improvements to
facilitate traffic in that area particularly turning radius’ of
larger vehicles.
Carried Unanimously
Power to Act – Stop Signs at Thurston and Wait
By Mayor Cohen :Seconded by Commissioner Beach
RESOLVED, That the Board of Public Works grant themselves the
Power to Act at the April 19, 2000 Committee of the Whole meeting
to discuss the stop signs at the eastern intersection of Thurston
and Wait across from Wrisley Hall.
Carried Unanimously
Power to Act – Handicapped Parking at State and Geneva
By Commissioner Korherr :Seconded by Commissioner Vargas-Mendez
RESOLVED, That the Board of Public Works grant themselves the
Power to Act at the April 19, 2000 Committee of the Whole meeting
to discuss installation of a handicapped parking space at the
southeast corner of State and Geneva Streets.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 6:40 p.m.
Board of Public Works –April 12, 2000 - Page 9
Julie Conley Holcomb Alan J. Cohen
City Clerk Mayor