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HomeMy WebLinkAboutMN-BPW-2006-12-06BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. December 6, 2006 PRESENT: Mayor Peterson Commissioners (5) - Chapman, Dotson, Jenkins, Schlather, Wykstra OTHERS PRESENT: City Engineer – West Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer –Whitney Common Council Liaison – Coles Executive Assistant - Grunder EXCUSED: Superintendent of Public Works – Gray DAC Liaison – Roberts DOG PARK RULES – PENALTY CORRECTION City Attorney Hoffman reported to the Board that the penalty for violating the rules/regulations at the temporary off leash dog park approved at the November 15, 2006 meeting, “a fine of not less than $10 nor more that $25 for each violation, or by imprisonment for a term not to exceed 5 days for each violation” is not correct and needs to be updated to reflect the amended language in the City Code. He explained that when the rules and regulations were approved his copy of the City Code had not been updated. The correct penalty as noted in the updated City Code should read “a fine not to exceed $250 or 50 hours of community service”. He stated that the Board should act on this matter as soon as possible. Penalty for Violation of Dog Park Rules – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra WHEREAS, on November 15, 2006, pursuant to a directive from Common Council (dated October 4, 2006), this Board adopted Rules and Regulations for the use of the off-leash dog area established by Common Council at the so-called “Festival Lands” adjacent to Cass Park and Allan H. Treman State Marine Park, and WHEREAS, it was and is the intention of the Board that these Rules and Regulations be applied and enforced in association with Chapter 164 (“Dogs and Other Animals”) of the Ithaca City Code and that the penalties for violation of these Rules and Regulations therefore be the same as for violation of other provisions of Chapter 164, and WHEREAS, when the Rules were drafted for Board consideration, the penalty provision (now Rule #12) erroneously inserted therein was an out-of-date version of the penalties for violation of Chapter 164, which version had been modified by Common Council on July 5, 2006; now therefore be it RESOLVED, That the Rules and Regulations for Use of the Off-Leash Dog Area be and hereby are amended to make the penalties for violation of such Rules consistent with those for Chapter 164, generally, and such that Rule No. 12 (“Violations; Penalties”), in its entirety, reads as follows: “Violations; Penalties 12. Violation of these rules is an offense punishable by a fine not to exceed $250.00 or 50 hours of community service, for each violation.” Carried Unanimously UPDATE ON WATER AND SEWER DIVISION POSITIONS Assistant Superintendent of Water and Sewer Whitney reported that he is taking steps to retain and promote existing staff members. The Water and Sewer Division is attempting to create two laborer, entry level positions by freezing a technician position so that they can train in-house Board of Public Works – December 6, 2006 - Page 2 staff who are candidates for the technician position. He stated that approval of this action by Common Council is contingent upon final approval by the Board. WEST HILL WATER MAIN BREAK – UPDATE Assistant Superintendent of Water and Sewer Whitney reported to the Board that the West Hill water system broke down the morning of Wednesday, November 29, 2006. The break drained the Cliff Park Road water tank and part of the system, leaving water pipes empty. He reported that when pipes are empty, the Tompkins County Health Department requires at least a 24- hour boil water warning. He stated that with the assistance of GIS staff they were able to quickly identify the affected properties and notify those residents of the water main break and the necessary precaution that should be observed. GREEN STREET GARAGE DEMOLITION – UPDATE City Engineer West reported that the bridge over Green Street had been removed over the weekend of December 1, 2006. He stated that while Green Street was closed, Water and Sewer staff were able to disconnect and cap the water service going into the garage. He further stated that Green Street was re-opened by 1:30 pm on Saturday December 2, 2006. He stated that more work had been planned for the weekend but was unable to be completed due to mechanical failures. Work began again on Monday December 4, 2006 and the project is on schedule at this point. He stated that the next phase of the project has been reviewed by both the Building and Fire departments and the demolition of the main part of the garage is anticipated to begin within the next week. Discussion followed on the floor regarding the next phases of the project and the anticipated impact on Green Street pedestrian and vehicle traffic. JOHNSON CONTROLS SCOPE OF PROJECT - UPDATE Assistant Superintendent of Streets and Facilities Ferrel explained to the Board that the City needs to decide which Johnson Controls projects to undertake in the next year. He stated that once decided, a capital project will be established and given to Common Council for their review and approval. Discussion followed on the floor regarding the projects recommended by Johnson Controls and the goal to attain LEED status or improve the overall efficiency of all City buildings. RIBS REQUEST FOR LEASE EXTENSION – 530 WEST BUFFALO STREET Bernadette Schrempf, Recycle Ithaca’s Bicycles (RIBS) Program Coordinator, reported on the short term lease agreement RIBS has with the City of Ithaca for exclusive use of one-half of the space at the former City pump station at 530 W. Buffalo Street. The lease was executed on June 8, 2006; its term expired on November 30, 2006. She requested that the Board consider extending the lease to the RIBS Program. City Attorney Hoffman explained that the City of Ithaca has a unique situation in its ability to sell real property. He stated that the City is obligated to auction off its property to the highest bidder and receive fair or greater than fair market value for the property. He stated in order for the City to sell the former pump station at 530 W. Buffalo Street it would need to be done through the Ithaca Urban Renewal Agency (IURA). By statute the IURA is not bound by the same rules and can sell land titled to the IURA to a selected buyer as long as they have been named as a qualified and eligible sponsor of an activity that is consistent with the City’s urban renewal plan. He further stated that there is a provision under State law that allows for the rental of one-half of a City building for a period not to exceed 3 years. If the process of going through the IURA takes longer than estimated, the City, if interested, can legally extend the lease for a period of up to 3 years. Discussion followed on the floor regarding the extension of the lease agreement to the RIBS Program. The Board agreed to grant a 6-month extension on the agreement at their next voting meeting. APPEAL OF TRASH VIOLATIONS 210 Stewart Avenue Assistant Superintendent of Streets and Facilities Ferrel explained the violation for this property was for improper/invalid tags. He stated that he met with the Solid Waste-Working Supervisor to review the violation. He further stated that the violation was that the tags had Board of Public Works – December 6, 2006 - Page 3 been ripped in half, and explained that the tags are printed as half tags for 20lb bags and full tags for 40lb bags. This has caused confusion and many people rip their full tags in half for lighter garbage bags, which is not allowed. This particular residence placed half a 20lb tag on the bags. He explained the problem would be corrected when the tags were reprinted. He reported that CSP management billed their tenant. The tenant has submitted the appeal. Discussion followed on the floor regarding the need to educate new City residents on the various aspects and requirements of living in the City. Further discussion followed regarding the process for issuing a ticket for this type of violation and the warnings that are given to the residents prior to issuance of a ticket. Assistant Superintendent of Streets and Facilities Ferrel reported that he would provide the Board a resolution that would deny the appeal. 208 East State Street – Ithaca Hemp Company Assistant Superintendent of Streets and Facilities Ferrel explained the violation at this property was for trash being put out prior to collection day. He stated that employees searched through the bag to identify the owner of the trash and a letter written to the Ithaca Hemp Company was found. The store has been closed, and the tickets were issued to the store and paid by the property manager. The Board agreed to deny the appeal. APPEAL OF WATER AND SEWER VIOLATION 207 Pleasant Street Assistant Superintendent of Water and Sewer Whitney reported that the owner of the property is attempting to get the penalties on the bill waived. On May 1, 2006, the bill was $3,176.96 compared to the normal bill of between $100 and $200. The owner requested an adjustment to the bill on August 11; four days later Assistant Superintendent of Water and Sewer Whitney denied the request. On November 2, 2006 the owner requested arrangements be made for installment payments and that the penalties on the bill be waived. Discussion followed on the floor regarding how that amount of water could run through a system during a three-month billing period unnoticed. Discussion focused on the amount of time that lapsed since the issuance of the bill and when the request came before the Board for consideration. The Board agreed to consider a resolution to deny this appeal providing they have information provided to them on the billing and appeals process for this appeal at that time. ADJOURNMENT: On a motion the meeting adjourned at 6:30 p.m. Jessica C. Myers Carolyn K. Peterson Dept. of Public Works Intern Mayor