HomeMy WebLinkAboutMN-BPW-2004-06-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. June 9, 2004
PRESENT:
Acting Mayor Whitmore
Commissioners (5) - Jenkins, Dotson, Chapman, Schlather, Romanoff
OTHERS PRESENT:
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Water and Sewer - Fabbroni
Common Council Liaison – Coles
Information Management Specialist - Myers
EXCUSED:
Mayor Peterson
Commissioner Tsegaye
DAC Liaison - Roberts
The meeting began at 5:00 p.m.
PLEDGE OF ALLEGIANCE:
Acting Mayor Whitmore led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the May 12, 2004 Board of Public Works Meeting
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Minutes of the May 12, 2004 Board of Public Works meeting be
approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of the following items:
13C Request for Encroachment at 207 South Hill Terrace
14C Request for Power to Act Regarding Acquisition of Property
17A Request for Power to Act Relating to Award of Bid for the IAWWTP
No Board member objected.
MAYOR'S COMMUNICATIONS:
Acting Mayor Whitmore introduced himself and then had the Board introduce
themselves to the audience.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Dayna L. Schreckenyost, City of Ithaca, addressed the Board regarding the possibility of
closing West Court Street until coal tar removal/construction is completed to limit travel
through the neighborhood.
Gino Bush, City of Ithaca, addressed the Board regarding when the plaque in memory
of Bernie Milton will be placed on the Bernie Milton Pavilion. He further addressed the
Board regarding the renaming of Green Street to Martin Luther King Blvd.
Pete Meyers, City of Ithaca, addressed the Board regarding renaming Green Street to
Martin Luther King Blvd.
Robin Palmer, Town of Ithaca, addressed the Board regarding renaming Green Street
to Martin Luther King Blvd.
Board of Public Works Meeting
June 9, 2004
2
The following people addressed the Board regarding increased traffic, speeding and
traffic calming proposals in the South of the Creek Neighborhood:
Sue Perlgut, City of Ithaca
Judy Briggs, City of Ithaca
Susan Hurwitz, City of Ithaca
Pamela Mackesey, City of Ithaca
The following people addressed the Board regarding installation of sidewalks on Cecile
Malone Drive:
Ted Grant, Town Semponius
Kenneth Fiero, Town of Ithaca
Tom Mazzanoble, City of Ithaca
Barry Long, City of Ithaca
Tim Maguire, McGuire Ford – City of Ithaca, addressed the Board regarding land
acquisition on Meadow Street/Cecile Malone Drive.
Robin Masson, City of Ithaca, addressed the Board regarding an encroachment
agreement for 207 South Hill Terrace.
RESPONSE TO THE PUBLIC
Commissioner Chapman responded to comments made regarding closing Court Street
during coal tar removal/construction, renaming Green Street to Martin Luther King Blvd.,
and installation of sidewalks on Cecile Malone Drive.
Common Council Liaison Coles responded to comments made regarding traffic in the
South of the Creek neighborhood and sidewalk installation on Cecile Malone Drive.
Commissioner Schlather responded to comments made regarding sidewalk installation
and suggested that the timing of the project be adjusted, if possible, to give property
owners adequate time to do the work.
Commissioner Romanoff responded to the comment regarding the Bernie Milton Plaque
and reported that a sub-committee had been formed and that they had been waiting on
the city historian for appropriate wording and that the plaque should be going up soon.
Commissioner Dotson stated that she was disappointed that the Bernie Milton Plaque
had not been put up yet and thanked everyone for coming to speak.
Acting Mayor Whitmore responded to comments made regarding closing Court Street
and stated that he is in support of doing that. He further responded to comments made
about traffic calming in the South of the Creek neighborhood and stated that he would
refer the information from the neighborhood to the Mayor upon her return.
Assistant Superintendent for Water & Sewer Fabbroni stated that the City can respond
rapidly to the request to close Court Street because enough of the street is rough
enough to warrant such a closing.
Commissioner Jenkins responded to comments made regarding traffic in the South of
the Creek neighborhood and would support additional signage in the neighborhood.
13. BUILDINGS, PROPERTIES, TRANSIT:
A. Request for Trash Violation Expungement – 116 South Cayuga Street -
Resolution
By Commissioner Jenkins: Seconded by Commissioner Romanoff
WHEREAS, a trash violation was incurred at 116 South Cayuga Street on March 9,
2004, and bill was issued as required by the City Code, and
Board of Public Works Meeting
June 9, 2004
3
WHEREAS, material contained in the trash included mail addressed to 116 South
Cayuga Street, and
WHEREAS, city crews provided a special service by removing trash from the curb
twenty-four hours after a warning tag was applied; now therefore be it
RESOLVED, That the Board of Public Works hereby denies the request of a tenant for
expungement of the trash violation at 116 South Cayuga Street, and
RESOLVED, That the board requests the Superintendent of Public Works to notify the
owner, as well as the tenant, at 116 South Cayuga Street of the board’s decision and
that the bill is due 15 days after the date of the notification.
Ayes (5) Chapman, Romanoff, Jenkins, Chapman,
Schlather
Nays (0)
Abstentions (1) Dotson
B. Request for Trash Violation Expungement – 417 North Cayuga Street -
Resolution
By Commissioner Jenkins: Seconded by Commissioner Romanoff
WHEREAS, a trash violation was incurred at 417 North Cayuga Street on March 9,
2004, and bill was issued as required by the City Code, and
WHEREAS, material contained in the trash included mail addressed to 417 North
Cayuga Street, and
WHEREAS, city crews provided a special service by removing trash from the curb
twenty-four hours after a warning tag was applied; now therefore be it
RESOLVED, That the Board of Public Works hereby denies the request of a tenant for
expungement of the trash violation at 417 North Cayuga Street, and
RESOLVED, That the Board requests the Superintendent of Public Works to notify the
owner, as well as the tenant, at 417 North Cayuga Street of the board’s decision and
that the bill is due 15 days after the date of the notification.
Carried Unanimously
C. Request for Encroachment at 207 South Hill Terrace - Resolution
By Commissioner Romanoff: Seconded by Commissioner Dotson
WHEREAS, William Norton, owner of 207 South Hill Terrace is requesting an
encroachment for his property; now, therefore be it
RESOLVED, That the Board of Public Works hereby grants the encroachment of a
porch of approximately 1.8 feet in to the street right of way at 207 South Hill Terrace,
and be it further
RESOLVED, That the Board authorizes the Mayor to enter into an encroachment
agreement with Mr. Norton under the usual terms and conditions, including but not
limited to the termination of the agreement if said property no longer exists or as needed
by the city.
Carried Unanimously
Board of Public Works Meeting
June 9, 2004
4
14. HIGHWAYS, STREETS, SIDEWALK:
A. Possible Plow Damage at 421 Warren Place - Resolution
By Commissioner Romanoff: Seconded by Commissioner Dotson
WHEREAS, Mary Baker of 421 Warren Place filed a complaint with both the Mayor’s
Office and the Department of Public Works about plow damage to her mailbox, and
WHEREAS, staff has reviewed the mail box and found no plow damage to the mail box
but rather that the metal support had rusted through at ground level; now, therefore, be
it
RESOLVED, That the Board of Public Works does not recognize any steps that should
be taken by the department as a response to this complaint other than advising the
property owner on what steps they might take to restore their private property.
Carried Unanimously
B. Award of Bid for Hydraulic Pavement Breaker - Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
WHEREAS, bids were received for a new and unused medium range hydraulic
pavement breaker on May 24, 2004, and
WHEREAS, staff has reviewed the bids and are recommending that the low bid meeting
specifications be awarded the contract; now, therefore, be it
RESOLVED, That the Board of Public Works hereby awards the bid for a hydraulic
pavement breaker to Seneca Supply, Inc., 7 Hall Road, Ithaca, New York 14850 for
their bid of $18,595.00 which meets the specifications, and be it further
RESOLVED, That the Board authorizes the Assistant Superintendent for Streets and
Facilities to enter into an agreement with Seneca Supply with the usual terms and
conditions.
Carried Unanimously
14C Request for Power to Act - Resolution
By Commissioner Doston: Seconded By Commissioner Schlather
RESOLVED, That the Board of Public Works grants itself power to act at its meeting on
June 16, 2004 regarding the acquisition of property at Meadow Street/Cecil Malone
Drive.
Carried Unanimously
15. PARKING AND TRAFFIC
A. Award of Green Street Parking Garage Limited Structural Repairs - Resolution
By Commissioner Jenkins: Seconded by Commissioner Romanoff
WHEREAS, bids were received on June 2, 2004 for the Green Street Parking Garage
Limited Structural Repairs, and
WHEREAS, staff is recommending that the low bidder, who is currently doing repairs
and restoration work in Seneca Street Garage be awarded the bid; now, therefore, be it
RESOLVED, That the Board of Public Works hereby awards the bid for the Green
Street Parking Garage Limited Structural Repairs to National Restoration Systems, Inc.,
75 Forbes Blvd, Mansfield, MA 02048 for their low base bid of $379,620.00, and be it
further
RESOLVED, That the Board authorizes the Superintendent of Public Works to enter
into an agreement with National Restoration Systems, Inc., with the usual terms and
conditions.
Commissioner Schlather stated that this is important work that needs to be done. He is
grateful that the Board put the project out to bid as it saved $95,000 which is a nice
affirmation of the public process.
Board of Public Works Meeting
June 9, 2004
5
Discussion followed on the floor regarding the importance of the repairs to the garage
and the downtown businesses that rely on it.
Commissioner Chapman spoke in opposition to the Resolution as he believes that this
expenditure is not fiscally responsible as the new parking garage will be open in the
Spring and there are other ways to meet the parking demand such as increased TCAT
ridership and employee incentives not to drive.
Commissioners Dotson and Schlather recommended a thorough review of the parking
rates.
A vote on the Resolution resulted as follows:
Ayes (4) Romanoff, Jenkins, Schlather, Whitmore
Nays (2) Chapman, Dotson
Abstentions (0)
Carried
B. Adoption of Residential Parking Permit System Regulations - Resolution
By Commissioner Jenkins: Seconded by Commissioner Romanoff
RESOLVED, That the Board of Public Works hereby adopts the following Residential
Parking Permit System Regulations:
RESIDENTIAL PARKING PERMIT SYSTEM REGULATIONS:
Petitioning for the Permit System.
A. Residents within the residential parking permit zone established by Common Council
on May 6, 1998, are required to petition the City Clerk’s office for the establishment of a
Residential Parking Permit Area.
B. A Residential Parking Permit Area within the Residential Parking Permit Zone shall
be one permit block. Each permit block shall be established according to the block
numbers, such as the 100 or 200 block of a street.
C. Only R1 and R2 zones, as established in the City Zoning Ordinance Section 325-4 of
the Municipal Code of the City of Ithaca are eligible to participate in the Residential
Parking Permit System.
D. A permit block is one city street and its abutting block faces, which differs from a city
block. A city block does not include the street.
E. The permit block for a corner property shall be determined by the property’s
assessment address.
Petition Eligibility.
A. The petition may be requested from the City Clerk’s Office, and when returned must
be signed by at least 51% of the eligible residents in the proposed permit block in order
to qualify for inclusion in the permit system.
B. In an R1 zone, not more than one resident per tax parcel shall be permitted to sign
the petition for the establishment of the permit system.
C. In an R2 zone, not more than one resident per dwelling unit or two residents per tax
parcel, whichever is fewer, shall be permitted to sign the petition for the establishment
of the permit system.
D. All eligible residents signing the petition must be at least 18 years of age.
E. A block petitioning for the permit system must hereby meet certain minimum
requirements with respect to parking occupancy. The City Traffic Engineer will conduct
a parking survey over two separate days during average weekly peak hours to
determine that at least 75% of the legally available parking spaces are being utilized.
Permit System Renewal.
Once a block is included in the permit system, it is included unless and until it is formally
repealed.
Permit System Repeal.
A. If 51% of the eligible residents wish to have the permit system regulations rescinded,
they may petition for removal from the Residential Parking Permit System.
Board of Public Works Meeting
June 9, 2004
6
B. Action to rescind may not begin until a waiting period of six months from the
enactment date for that block has passed.
C. The City of Ithaca reserves the right to rescind the Residential Parking Permit
System Regulations for a block if the City Traffic Engineer determines that the parking
permit system is being underutilized by the eligible residents of the block. The
determination will be made based on the fact that less than 25% of the eligible permits
for the block have been sold in the past two (2) consecutive years,
Permit Allocation.
A. Only residents of properties zoned R1 and R2 located in the Residential Parking
Permit Zone shall be eligible to purchase parking permits.
B. The City zoning category in which the property is located shall determine the
maximum number of permits allowed per dwelling unit.
C. Properties in an R1 zone are hereby allowed access to two permits [per tax parcel],
and no more.
D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit
with [and] a maximum of four permits and no more. [per tax parcel, which ever is fewer.]
Based on City zoning laws the greatest legal number of dwelling units allowed in a
structure in an R2 zone is two.
E. Permits shall be issued to vehicles registered to, or under the control of, residents in
the permit area, and are non-transferable.
F. Permits shall be available for sale on August 1st and shall expire on July 31st of the
following year.
G. Residents in blocks participating in the Residential Parking Permit System may
purchase up to 4 Visitor Passes per year. Visitor Passes shall be valid for a period of
two consecutive weeks, and will be issued to a specific vehicle.
H. It shall be a violation of Chapter 260 of the City of Ithaca Municipal Code entitled
“Residential Parking Permit System” for residents to purchase permits for people who
do not reside in the permit area.
Permit Allocation for Non-Conforming Uses
A. Properties not conforming to the traditional R1 and R2 zone uses (such as
grandfathered properties) shall not receive any grandfathered rights regarding parking
permit system.
B. Grandfathered properties in an R1 zone shall hereby be considered a single-family
house.
C. Grandfathered properties in an R2 zone shall hereby be treated as a duplex.
D. The zone in which the property is located, not the number of apartments or the
number of occupants, determines how many permits may be purchased.
Permit Issuance.
A. The permits shall be issued to individual residents of a permit area and assigned to
a unique vehicle license plate number.
B. A resident is defined as any person, homeowner or renter, living in a dwelling unit in
a permit area.
C. The issuance of permits through landlords is hereby prohibited.
D. Homeowners and renters must provide the vehicle registration or copy thereof, of the
vehicle in question.
E. Homeowners and renters may prove residency by producing a deed, current lease,
driver’s license with valid address, telephone or utility bill, or other similar
documentation.
F. The fee for a residential parking permit shall be $45 per year.
G. Permits may be purchased any time during the year for the said annual fee.
H. Partial year permits shall not be issued.
I. Permits shall be valid from date of issue through July 31.
J. The fee for a visitor [permit] pass is $10.
K. This is a voluntary program. Residents living in a block included in the permit system
are not required to purchase permits, however compliance with city parking regulations
is required.
L. Permits may be renewed through the mail with proper documentation and a $45 fee.
Permits will be issued by the City Clerk’s Office on a “first come – first served” basis.
Board of Public Works Meeting
June 9, 2004
7
M. If a permit holder wishes to transfer a permit to a different vehicle, or there is a
change of license plates on a vehicle with a permit, the new license plate number and
vehicle identification number must be reported to the City Clerk. A new permit will be
issued without charge, only if physical remnants of the old permit are returned. If the
physical remnants of the old permit are not returned, the new permit will only be issued
if there is an eligible permit available for the property, at a cost of $45.
Hours in Effect
A. Permit requirements established pursuant to this section shall be in effect during all
or a portion of the following times: From Monday to Friday between 9:00 a.m. and 5:00
p.m., excluding holidays.
B. Permit holders will be exempt from the 9am-1pm and 1-5pm “no parking” regulations
in resident parking permit areas.
C. Street signage will display the restricted hours.
D. Permit holders and non-permit holders must abide by all other City parking
restrictions set forth in the Vehicle and Traffic Chapter of the City of Ithaca Municipal
Code including the odd/even overnight restriction, 24-hour parking limits, loading zones,
handicap parking, etc.
E. Placement of the “no parking” time restrictions will be staggered in order to provide
some short-term visitor parking on a block at all times. In the case of blocks with legal
on-street parking only on one side, the time restrictions will be split along the legal side
of the street.
Permit System Alternative.
Residents may petition the City Traffic Engineer to install appropriate weekday time
restriction signage (such as “No Parking 9 am – 1 pm”) on their streets. This offers an
alternative option for blocks that elect not to participate in the permit system but want
the benefits of time restricted parking for their street.
Appeal Process
Residents may file written appeals with the Board of Public Works for either hardship
consideration or the denial of permits by the City Clerk’s Office.
Amending Resolution:
By Commissioner Dotson: Seconded by Commissioner Chapman
RESOLVED, That the Residential Parking Permit System Regulations be amended to
read as follows:
Permit System Repeal:
C. The Board of Public Works reserves the right to rescind the Residential Parking
Permit System Regulations for a block if the City Traffic Engineer determines that the
parking permit system is being underutilized by the eligible residents of the block. The
determination may be made based on the fact that less than 25% of the eligible permits
for the block have been sold in the past two (2) consecutive years,
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Residential Parking Permit System Regulations be amended to
read as follows:
Permit Allocation:
D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit
with a maximum of four permits per property and no more. Based on City zoning laws
the greatest legal number of dwelling units allowed in a structure in an R2 zone is two.
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Residential Parking Permit System Regulations be amended to
read as follows:
Board of Public Works Meeting
June 9, 2004
8
Permit Allocation:
G. Residents in blocks participating in the Residential Parking Permit System may
purchase up to 4 Visitor Passes per year with a limit of 8 passes per property in an R1
zone and 16 passes per property in an R2 zone. Visitor Passes shall be valid for a
period of two consecutive weeks, and will be issued to a specific vehicle.
Carried Unanimously
Main Motion As Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
17. WATER AND SEWER:
A. Request for Power to Act - Resolution
By Commissioner Schlather: Seconded By Commissioner Jenkins
RESOLVED, That the Board of Public Works grants itself power to act at its meeting on
June 16, 2004 for the award of bid for the rehabilitation of the primary settling tank
drives and accessories for the IAWWTP.
Carried Unanimously
UNFINISHED BUSINESS:
Discussion followed on the floor regarding the designing and timing of sidewalk
installation on Cecile Malone Drive.
ADJOURNMENT:
On a motion the meeting adjourned at 6:50 p.m.
Sarah L. Myers David Whitmore
Information Management Specialist Acting Mayor