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BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. June 11, 2003
PRESENT:
Acting Mayor Pryor
Commissioners (6) - Beach, Leonardo, Gutenberger, Jenkins, Dotson. Tsegaye
OTHERS PRESENT:
City Clerk – Holcomb
Administrative Secretary - Myers
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer - Fabbroni
Common Council Liaison - Hershey
Civil Engineer - West
EXCUSED: Mayor Cohen
PLEDGE OF ALLEGIANCE:
Acting Mayor Pryor led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested that a substitute resolution for item 14A - Approval of
West Spencer Street Final Design Resolution replace the one that was distributed with
the agenda packets.
No Commissioner objected.
Assistant Superintendent of Water & Sewer Fabbroni requested the addition of a Power
to Act item for the June 18, 2003 Committee of the Whole meeting regarding
Phosphorous Removal.
No Commissioner objected.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD
The following people addressed the Board regarding the West Spencer Street Widening
Project and voiced their concerns that plans and maps were not available prior to the
meeting:
Larry Beck
David Henderson
Rick Grossman
Laurie Dahl
Eric Bennett
Fay Gougakis
Catherine Lockwood
John Fausatello
Alex Perialas addressed the Board regarding his concerns about the construction at
Clinton/Cayuga Streets and the impact it will have on his business.
David Henderson addressed the Board to request that the stripping at Green and
Cayuga Streets be made diagonal to indicate what is intended by the lights. Pursuant to
State law it is illegal to cross diagonally unless the intersection is appropriately stripped.
Fay Gougakis apologized to the Board for her behavior at last month’s meeting, and
expressed concerns regarding the chemicals used in the Alex Haley Pool and the need
for bike racks at the Youth Bureau building.
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June 11, 2003
RESPONSE TO PUBLIC
Commissioners Beach and Dotson responded to comments made regarding the West
Spencer Street project and thanked Ms. Gougakis for her apology.
Superintendent Gray distributed a timeline for City construction projects. The Spencer
Street project will be advertised this week, the award of bid should be made by July 9,
2003. Construction is scheduled to begin July 28, 2003.
Civil Engineer West presented plan drawings that show the major construction items.
He explained that the only significant changes involve the further development of the
parking lot at 402 S. Cayuga Street, and a further development of the intersection at
South Titus/South Cayuga/East Spencer Street.
Extensive discussion followed on the floor regarding the construction drawings.
13. BUILDINGS, PROPERTIES, REFUSE AND TRANSIT
A. Request to Name Commons Pavilion - Resolution
By Commissioner Jenkins: Seconded by Commissioner Leonardo
WHEREAS, the Board of Public Works has been approached by members of the
community and family members with a request to name the center pavilion on the Ithaca
Commons in honor of Ithaca native Bernie Milton, and
WHEREAS, the Board has recently begun a separate program to consider naming
bridges located throughout the community and,
WHEREAS, the Board was referred this request to the Commons Advisory Board and
their initial reaction is to request a review of the BPW bridge naming program so that
they can help develop a broader procedure which is comprehensive and fair, as well as
community oriented; now, therefore, be it
RESOLVED, That the Board of Public Works directs staff to develop a written summary
of the existing naming programs for transmittal to the Commons Advisory Board, and be
it further
RESOLVED, That the Board requests the patience of the community and family
representatives of Bernie Milton and thanks them for their interest and community spirit.
Discussion followed on the floor regarding criteria for naming bridges, pavilions and
parks and forwarding this information to the Commons Advisory Board.
A vote on the Resolution resulted as follows:
Carried Unanimously
14. HIGHWAYS, STREETS, AND SIDEWALKS
A. Approval of West Spencer Street Final Design - Resolution
By Commissioner Leonardo: Seconded by Commissioner Tsegaye
WHEREAS, the Board of Public Works received copies of the final plans for the
reconstruction of West Spencer Street as a two way street, which reflects the full range
of input from the City’s Common Council and the six Point Plain, through the public
meetings, and the board and staff review, and
WHEREAS, staff has indicated that the resulting project which addresses this very
public process for developing the final design has expanded the project scope and cost
substantially, and
WHEREAS, staff has presented the board with a project breakdown which outlines the
current project cost and the difference with the original Six Point Plan’s Cost estimates,
as well as the Common Council’s approved project budget; now, therefore, be it
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June 11, 2003
RESOLVED, That the Board of Public Works approves the West Spencer Street Final
Design because the board feels that the design addresses the City of Ithaca’s
objectives as outlined in the Six Point Plan and incorporates a number of improvements
resulting from extensive public review, and be it further
RESOLVED, That the board recognizes the budget issues associated with approval of
the full design and request that staff structure the bid package so the Board has control
of the project budget at award of contract.
Extensive discussion followed on the floor regarding delegation of the project to the
Board of Public Works by Common Council and how this responsibility needs to remain
with the Board of Public Works. Further discussion occurred regarding the project cost
and a proposed plan in case the cost exceeds what has been budgeted.
Amending Resolution
By Commissioner Dotson: Seconded by Commissioner Tsegaye
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the Board recognizes the budget issues associated with approval of
the full design and requests guidance from Common Council through its B&A
Committee and any necessary budget changes that may result from that guidance or
proposed project changes.”
Acting Mayor Pryor stated that if this proposed language is adopted the City will have
essentially lost this construction season.
Common Council Liaison Hershey stated that he would report the financial status of this
project to Common Council so they are apprised on the situation.
Commissioner Dotson expressed her desire that the Board of Public Works initiate an
official notification to the Budget & Administration Committee regarding the potential
costs of this project.
A vote on the Amending Resolution resulted as follows:
Ayes (1) Dotson
Nays (5) Gutenberger, Tsegaye, Leonardo, Beach, Jenkins
Motion Fails
Commissioner Beach inquired about the status of negotiations with the two property
owners.
Acting Mayor Pryor requested an advice of counsel session with Assistant City Attorney
Dunn.
REGULAR SESSION:
Common Council reconvened into regular session at 6:35 p.m.
Main Motion
A vote on the Main Resolution resulted as follows:
Ayes (5) Gutenberger, Tsegaye, Leonardo, Beach, Jenkins
Nays (0)
Abstentions (1) Dotson
Carried
B. West Spencer Street Final Design Report to Budget & Administration
Committee- Resolution
By Commissioner Dotson: Seconded by Commissioner Gutenberger
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June 11, 2003
RESOLVED, That The Board of Public Works directs their liaison to report on the West
Spencer Street Final Design at the next B & A Committee meeting and keep that
committee fully apprised of the Board’s discussions.
Carried Unanimously
15. PARKING AND TRAFFIC
A. Declaration of Lead Agency for Buffalo and Court Streets and South of the
Creek Traffic Calming Projects - Resolution
By Commissioner Gutenberger: Seconded by Commissioner Jenkins
WHEREAS, State Law and Section 176.6 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
WHEREAS, 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 or carrying out the action, and
WHEREAS, the proposed traffic calming project on Buffalo and Court Streets and in the South
of the Creek neighborhood is a "Type 1” Action pursuant to the City of Ithaca Environmental
Review Ordinance and an “Unlisted” Action pursuant to the New York State Environmental
Quality Review Act, which requires review 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 for the proposed traffic calming project
on Buffalo and Court Streets and in the South of the Creek neighborhood.
Carried Unanimously
B. Buffalo and Court Street Traffic Calming - Determination of Environmental
Significance - Resolution
By Commissioner Leonardo: Seconded by Commissioner Gutenberger
WHEREAS, the City of Ithaca is proposing the construction of traffic calming devices on
Buffalo and Court Street, and in the South of the Creek Neighborhood and
WHEREAS, appropriate environmental review for said project has been conducted including
the preparation of a Long Environmental Assessment Form (LEAF), and
WHEREAS, the proposed action is a “Type I” action under the City Environmental Quality
Review Act and an “ Unlisted” action under the State Environmental Quality Review Act, and
WHEREAS, the Board of Public Works of the City of Ithaca, acting as Lead Agency, has
reviewed the LEAF, dated May 8, 2003 and has determined that approval of the proposed
project will not have a significant effect on the environment; now, therefore, be it
RESOLVED, That this Board of Public Works, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review for the adoption of this plan is
unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that the
City Clerk is hereby directed to file a copy of the same, together with any attachments, in the
City Clerk’s Office, and forward the same to any other parties as required by law.
Carried Unanimously
C. Declaration of Lead Agency for the Dey Street Traffic Calming Project -
Resolution
By Commissioner Tsegaye: Seconded by Commissioner Jenkins
WHEREAS, State Law and Section 176.6 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
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June 11, 2003
WHEREAS, 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 or carrying out the action, and
WHEREAS, the proposed traffic calming project on Dey Street is a "Unlisted” Action pursuant
to the City of Ithaca Environmental Review Ordinance and an “Unlisted” Action pursuant to the
New York State Environmental Quality Review Act, which requires review 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 for the proposed traffic calming project
on Dey Street.
Carried Unanimously
D. Dey Street Traffic Calming - Determination of Environmental Significance -
Resolution
By Commissioner Dotson: Seconded by Commissioner Gutenberger
WHEREAS, the City of Ithaca is proposing the construction of traffic calming devices on
Dey Street, and
WHEREAS, appropriate environmental review for said project has been conducted including
the preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, the proposed action is a “Unlisted” action under the City Environmental Quality
Review Act and an “Unlisted” action under the State Environmental Quality Review Act, and
WHEREAS, the Board of Public Works of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF, dated May 29, 2003 and has determined that approval of the proposed
project will not have a significant effect on the environment; now, therefore, be it
RESOLVED, That this Board of Public Works, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review for the adoption of this plan is
unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that the
City Clerk is hereby directed to file a copy of the same, together with any attachments, in the
City Clerk’s Office, and forward the same to any other parties as required by law.
Carried Unanimously
E. Downtown Maximum Parking Rate and Free Two Hour Parking - Resolution
By Commissioner Beach: Seconded by Commissioner Tsegaye
WHEREAS, the City Chamberlain is recommending a new maximum daily fee of $15 for
the downtown parking facilities; now, therefore, be it
RESOLVED, The Board of Public Works hereby adopts a new maximum daily fee of
$15 for the downtown parking facilities to be effective immediately, and be it further
RESOLVED, That the Board agrees to implement the program for guaranteed two
hours of free parking as requested by the Downtown Partnership.
Extensive discussion followed on the floor regarding how the guaranteed 2 hour free
parking program would be implemented.
A vote on the Resolution resulted as follows:
Carried Unanimously
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June 11, 2003
WATER AND SEWER
A. Power to Act on June 18, 2003 on a Resolution Regarding a Phosphorous
Removal Project - Resolution
By Commissioner Leonardo: Seconded by Commissioner Beach
RESOLVED, That the Board of Public Works reserves Power to Act on a Resolution
regarding the phosphorous removal project at its Committee of the Whole meeting on
June 18, 2003.
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS
A. Power to Act on June 18, 2003 for Award of Bid for Stewart Avenue Bridge
Over Fall Creek - Resolution
By Commissioner Leonardo: Seconded by Commissioner Beach
RESOLVED, that the Board of Public Works reserves Power to Act for the Award of Bid
for Stewart Avenue Bridge Over Fall Creek at its Committee of the Whole meeting on
June 18, 2003.
Carried Unanimously
ADJOURNMENT
On a motion the Board adjourned at 6:45 p.m.
Sarah Myers Patricia Pryor
Administrative Secretary Acting Mayor