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HomeMy WebLinkAboutMN-BPW-2003-10-08 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 2 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 3 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 October 8, 2003 4 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 October 8, 2003 5 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 6 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