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BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. October 8, 2003
PRESENT:
Commissioners (4) - Beach, Jenkins, Dotson, Leonardo
OTHERS PRESENT:
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer - Fabbroni
Common Council Liaison - Hershey
Disability Advisory Council Liaison - Roberts
Information Management Specialist - Myers
EXCUSED:
Mayor Cohen
Commissioners: Tsegaye, Chapman
PLEDGE OF ALLEGIANCE:
Vice Chair Leonardo led all present in the Pledge of Allegiance to the American Flag.
MINUTES:
Approval of September 10, 2003 Regular Board of Public Works Meeting Minutes
By Commissioner Dotson: Seconded by Commissioner Jenkins
RESOLVED, That the September 10, 2003 Regular Board of Public Works Meeting
Minutes be approved with corrections noted by Vice Chair Leonardo.
Carried Unanimously
ADDITIONS OR DELETIONS TO AGENDA
Superintendent Gray requested the addition of Item 13.C - Request for Encroachment
at 402 College Avenue - Resolution.
No Board member objected
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD
The following people addressed the Board regarding parking on the 100 block of
Fayette Street:
Adam Bauchner
David Post
RESPONSE TO PUBLIC
Superintendent Gray responded to comments made concerning the parking in the 100
block of Fayette Street. He stated that he would ask staff to gather the previous
petitions and information that was submitted before the current signage was installed.
He further stated that Mr. Bauchner and Mr. Post, as well as the other residents of the
block would be notified when this item is reconsidered by the Board.
Discussion followed on the floor regarding the process that would be used to notify
residents of this item being placed on a future agenda.
October 8, 2003
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Commissioner Beach further responded to comments made regarding parking on
Fayette Street. He noted that this is a difficult residential block as it is located close to
the Central Business District, and it is difficult to find a balance that works for the
residents. He further explained that State enabling legislation was required to enact the
residential parking permit system on East Hill, and that it might not be an option for this
block.
Commissioner Dotson suggested that a meeting be held with staff and concerned
residents to find the best solution, and then notify residents of the block so that all of the
residents would have a chance to voice their concerns.
13. BUILDINGS, PROPERTIES, REFUSE AND TRANSIT
A. Request for Expungement of Recycling Violation at 215 College Avenue -
Resolution
By Commissioner Jenkins: Seconded by Commissioner Beach
WHEREAS, a recycling violation was issued for the property of 215 College Avenue,
and
WHEREAS, the Board has received an appeal to expunge the violation; now, therefore,
be it
RESOLVED, That the Board of Public Works hereby denies the request to expunge the
recycling violation since the material found was located on the property of 215 College
Avenue, and be it further,
RESOLVED, That the determination is based on Common Council’s determination that
the 24 hour warning prior to receipt of the violation is adequate for the property owner to
correct any problem with recycling and trash collection at that address.
Commissioner Beach questioned if City staff found any documentation with identifying
information on it. Assistant Superintendent of Streets & Facilities Ferrel responded that
they did not.
Commissioner Dotson stated that based on the discussion from last week, the Board
does not know who is responsible for the garbage, and has no way of finding out. She
recommended that the resolution be amended to expunge half of the violation.
Amending Resolution:
By Commissioner Dotson: Seconded by Commissioner Beach
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Board of Public Works hereby grants the request to expunge
50% of the recycling violation.”
Discussion followed on the floor regarding the intent of the law and responsibility of
property owners.
A vote on the Amending Resolution resulted as follows:
Ayes (2) Beach, Dotson
Nays (2) Leonardo, Jenkins
Failed
Amending Resolution:
By Acting Chair Leonardo: Seconded by Commissioner Jenkins
RESOLVED, That the last Resolved clause be deleted from the Resolution, and that
the first Resolved clause be amended to read as follows:
“RESOLVED, That the Board of Public Works hereby grants the request to expunge the
recycling violation at 215 College Avenue.”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
October 8, 2003
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B. Request for Expungement of Trash Violation at 156 The Commons -Resolution
By Commissioner Dotson: Seconded by Commissioner Beach
WHEREAS, a recycling violation was issued for the property of 156 The Commons, and
WHEREAS, the Board has received an appeal to expunge the violation; now, therefore,
be it
RESOLVED, That the Board of Public Works hereby denies the request to expunge the
trash violation since the material found contained material mailed to 156 The Commons,
which had been disposed of improperly by throwing it on the compactor under the
Green Street Garage, and be it further,
RESOLVED, That the determination is based on Common Council’s determination that
the 24 hour warning prior to receipt of the violation is adequate for the property owner to
correct any problem with recycling and trash collection.
Amending Resolution:
By Commissioner Dotson: Seconded by Commissioner Beach
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the Board of Public Works hereby grants the request to expunge
50% of the trash violation since the material found contained material mailed to 156 The
Commons, which had been disposed of improperly by throwing it on the compactor
under the Green Street Garage, and be it further,”
Discussion followed on the floor regarding how and when garbage is tagged and the
property owner’s responsibility.
Commissioner Dotson withdrew her amendment
A vote on the Resolution resulted as follows:
Carried Unanimously
Common Council Liaison Hershey requested that Item 14B be moved forward on the
agenda.
14. HIGHWAYS, STREETS, AND SIDEWALKS
B. Two-way Conversion of Cayuga Street - Resolution
By Commissioner Beach: Seconded by Commissioner Jenkins
WHEREAS, Common Council has entered into a Sponsor Agreement with Ciminelli
Development Corporation (and others) to modify traffic patterns on Cayuga Street in
support of the Downtown Project, described in Article 4, Section 4.03 of the signed
agreement dated May 12, 2003, and
WHEREAS, it has been recommended to the Board of Public Works that extending the
two-way conversion of Cayuga Street north to Court Street so that the block between
Buffalo and Court is added to the block between Seneca and Buffalo, which is
necessary to provide a safer traffic pattern, and
WHEREAS, Common Council has reviewed the traffic studies done through the
Planning Office and their SEQRA findings for the downtown project state in part:
“Based on these figures, the Downtown Development project is likely to result in an
overall decrease in Level of Service at most intersections within the study area. These
impacts are projected to be more apparent during P.M. peak hour than the A.M. peak
hour” - pg 14 of Statement of Findings, February 18, 2003; now, therefore, be it
RESOLVED, That the Board of Public Works hereby directs staff to convert Cayuga
Street between Court and Seneca Street from one-way to two-way once any required
budget is approved and the necessary DOT approvals are obtained, and be it further
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RESOLVED, That the Board requests staff to make the necessary changes as soon as
possible, but not later than 30 days after receiving notice that the IURA has acquired
and sold the project land to the developer.
Nancy Oltz, Manager of Operations and Maintenance, and Rod Ghearing from TCAT
explained how this change would affect the daily operation of TCAT buses and the
problems that the buses will encounter with the changes in the direction of travel on
North Cayuga Street and Tioga Street.
Extensive discussion followed on the floor regarding how the implementation of this new
traffic pattern will be completed and how changes will be communicated to staff and the
public. It was determined that further discussion needs to occur between the Mayor,
TCAT representatives, Ciminelli representatives, the Superintendent of Public Works,
and various city staff before a decision can be made on this item.
Motion to Table
By Commissioner Dotson: Seconded by Commissioner Beach
RESOLVED, That this item be tabled until the Superintendent of Public Works, TCAT,
Ciminelli and the Mayor’s office can come up with one or more proposals that are
workable for this project.
Carried Unanimously
C. Request for Encroachment at 402 College Avenue - Resolution
By Commissioner Leonardo: Seconded by Commissioner Beach
WHEREAS, the Board of Public Works has received a request for an encroachment at
402 College Avenue, and
WHEREAS, the structure to be located at the premises will encroach onto College
Avenue and Dryden Road by a total of 122.93 square feet below ground; now,
therefore, be it
RESOLVED, That the Board of Public Works hereby grants the requested
encroachment for the property at 402 College Avenue contingent upon approval by the
City Attorney, and, be it further
RESOLVED, That the Board authorizes the Mayor to enter into an agreement upon the
City Attorney’s approval with the usual terms and conditions.
Discussion followed on the floor regarding the City’s history with other buildings that
encroach on city property, how fees are determined, and the process used to arrive at
those decisions. Further discussion followed concerning ensuring that the crosswalks
and sidewalks with this project be handicap accessible.
Commissioner Beach stated that he thinks the City should gain annual rights fees for
any encroachment in relation to this building, and that the proper authorities should
handle it.
A vote on the Resolution resulted as follows:
Carried Unanimously
14. HIGHWAYS, STREETS, AND SIDEWALKS
A. Right of Way Acquisition – Statement of Findings - Resolution
By Commissioner Jenkins: Seconded by Commissioner Beach
WHEREAS, the Board of Public Works of the City of Ithaca, New York has initiated a
proceeding to consider the advisability and necessity of the City acquiring, pursuant to
eminent domain, frontage portions of properties known as 222 Elmira Road (tax map
reference numbers 117.-2-1.1, 117.-2-1.2), 304 Elmira Road (tax map reference
number 117.-1-6), 309 Elmira Road (tax map reference number 122.-2-3), 315-317
Elmira Road (tax map reference number 122.-2-2), 400 South Meadow Street (tax map
reference number 79-10-1), 501-507 South Meadow Street (tax map reference number
94.-1-1), 504 South Meadow Street (tax map reference number 95.-1-1.1), 702-714
South Meadow Street (tax map reference number 102.-1-2.1), 719-725 South Meadow
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Street (tax map reference number 104.-1-1), 736 South Meadow Street (tax map
reference number 117.-1-2.1), 740 South Meadow Street (tax map reference number
117.-1-3), and 744-774 South Meadow Street (tax map reference numbers 117.-1-1.2,
117.-1-4, 117.-1-5), and
WHEREAS, the City of Ithaca held on July 30, 2003 in the Common Council Chambers
at City Hall, 108 East Green Street, Ithaca, New York, a public hearing for the purpose
of describing and soliciting public comment on this proposal; now, therefore, be it
RESOLVED, That based on information received by the Board of Public Works at such
public hearing and the information already in possession of the Board, this Board makes
the following findings of fact:
1. The portions of land to be purchased all include frontage along South Meadow
Street and/or Elmira Road. This frontage must be acquired in order to widen South
Meadow Street.
2. According to recently conducted studies, traffic on South Meadow Street and
Elmira Road is currently very heavy and is expected to increase as new retailers move
into the area.
3. The widening of South Meadow Street and Elmira Road is recommended in the Six
Point Traffic Plan.
4. Several traffic signals have received poor grades for level of service and will
continue to do so until changes are made on the street.
5. It would be in the public interest and benefit for these portions of land to be
acquired by the City of Ithaca so that South Meadow Street and Elmira Road may be
widened.
6. There are no alternatives to the purchase of these portions of property.
RESOLVED, That the Board of Public Works hereby determines that it is necessary and
would serve a public use for the City to acquire the premises pursuant to the Eminent
Domain Procedure Law and directs the City Attorney to proceed to acquire the above
named premises.
Amending Resolution
By Commissioner Dotson: Seconded by Commissioner Beach
RESOLVED, That numbers 3, 5, and 6 of the Finding of Facts be amended to read as
follows:
3. The widening of South Meadow Street and Elmira Road is recommended in the Six
Point Traffic Plan, which was adopted by Common Council on December 5, 2001, as
part of the City’s Comprehensive Plan.
5. In order to implement the Six Point Traffic Plan it would be in the public interest and
benefit for these portions of land to be acquired by the City of Ithaca so that South
Meadow Street and Elmira Road may be widened.
6. In implementing the Six Point Traffic Plan there are no feasible alternatives to the
purchase of these portions of property.
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
October 8, 2003
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18. ADMINISTRATION AND COMMUNICATIONS
A. Call of Public Hearing for Installation of Sidewalks on Cecil A. Malone –
Resolution
By Commissioner Leonardo: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works has received a request that sidewalks be
installed on Cecil A. Malone between Meadow Street and Wegman’s entrance to
accommodate pedestrian and mass transit activities in that area, and
WHEREAS, the Board is interested in having these project done in conjunction with the
widening of the Meadow Street Bridge over Six Mile Creek; now, therefore, be it
RESOLVED, That the Board of Public Works hereby calls a public hearing for the
installation of sidewalks on Cecil A. Malone Drive for their meeting on November 12,
2003, and be it further
RESOLVED, That staff be directed to publicize this meeting as set fourth in the City
Code.
Commissioner Beach encouraged staff to make sure that the two major property owners
near this property are notified of this public hearing by certified, return receipt mail.
Extensive discussion followed on the floor regarding other sidewalks needed on South
Meadow Street and Elmira Road. It was determined that previous information gathered
regarding sidewalks for this area should be provided to the Board before the public
hearing.
A vote on the Resolution resulted as follows:
Carried Unanimously
NEW BUSINESS
Appointment of Board of Public Works Liaison to the Special Joint Sewer Sub-
Committee for the Ithaca Area Wastewater Treatment Plant - Resolution
By Vice Chair Leonardo: Seconded by Commissioner Beach
RESOLVED, That Jennifer Dotson be temporarily appointed to the Special Joint Sewer
Sub-Committee for the Ithaca Area Wastewater Treatment Plant through December 31,
2003.
Carried Unanimously
Discussion followed on the floor with the Board members asking staff members about
various projects and concerns.
Superintendent Gray provided the Board with dates for the department’s budget
hearings.
Assistant Superintendent of Streets & Facilities Ferrel reported that the Linn Street/Lake
Street pedestrian walkway has been closed because the stairway is in a very
deteriorated condition.
Assistant Superintendent of Water & Sewer Fabbroni reported that the City cannot
award the phosphorous removal contracts because the City has not received a contract
from Albany. The City is expecting to receive a total of 4.77 million dollars for this
project.
ADJOURNMENT
On a motion the meeting adjourned at 6:55 p.m.
Sarah Myers Joseph Leonardo
Information Management Specialist Vice Chair