HomeMy WebLinkAboutMN-BPW-2007-05-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. May 9, 2007
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Dotson, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Deputy Director of Planning & Development – Cornish
City Environmental Engineer – Gibson
Director of Laboratories at Water & Sewer - Lozano
City Clerk – Holcomb
O’Brien & Gere Consultants – Rick Gell and Steve Eckler
EXCUSED:
Common Council Liaison – Coles
DAC Liaison – Roberts
PLEDGE OF ALLEGIANCE:
Vice Chair Dotson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of Item 8B under Highways, Streets, and
Sidewalks entitled “Municipal Compliance Certificate (MCC) Form and explained that it
would be a request for the Board to grant itself Power To Act on this Item at the
Committee of the Whole meeting on May 16, 2007.
No Board member objected.
Superintendent Gray further requested the addition of Item 5A under Communications
and Hearings from Persons before the Board entitled “Aurora Street Sidewalks”.
No Board member objected.
Commissioner Schlather requested the addition of a discussion item regarding the
Rimland Property on Aurora Street.
No Board member objected.
Request for Encroachment Agreement/License at 727 Cliff Street - Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, Ithaca Neighborhood Housing Services, Inc. (“INHS”), is the owner of the
house and lot at 727 Cliff Street, in the City of Ithaca, and
WHEREAS, at some time prior to the purchase of the property by INHS, in 2005, a
wooden platform was constructed just east of the Cliff Street sidewalk, to create an off-
street parking space for one car, and
WHEREAS, during its ownership of the property, INHS has updated the structural
supports for the platform, pursuant to a permit from the City Building Department, and
WHEREAS, this platform extends into the public street right-of-way by what appears to
be approximately four feet, and for a length of approximately 12 feet, as shown on the
survey map prepared by T.G. Miller, PC, dated January 13, 2005 (and as revised on
October 31, 2006), and
WHEREAS, INHS is in the process of selling the property and has requested from the
City an acknowledgement of the existence of the platform and permission to maintain
the platform encroachment, and
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WHEREAS, Public Works staff has reviewed the request and does not anticipate any
conflicts due to the existing encroachment at this location, in the near future, now
therefore be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor to sign an
encroachment agreement/license for the encroaching portion of the wooden parking
platform at 727 Cliff Street, containing the usual terms and conditions, plus
requirements (to be drafted in consultation with the Superintendent or his designee) that
the private property owner maintain the encroaching concrete footer for the platform in a
safe condition, and that, in the event of the removal of the platform in the future, the
private property owner be solely responsible for restoring the land formerly occupied by
the encroachment (which leads to a steep drop-off) to a condition that minimizes (a) any
hazard to users of the adjacent sidewalk, as well as (b) any risk of the adjacent sidewalk
being undermined on its easterly side, all as may be deemed necessary by the City and
at the private property owner’s sole cost, and be it further
RESOLVED, That the encroachment agreement shall not be subject to a fee at this
time, per the City’s current practice with regard to such agreements for existing, minor
encroachments associated with residential properties, but that the agreement shall
specify that at any time in the future it may become subject to new license/use fees or
other requirements established by the Board as the result of its review of
encroachments and license agreements, which review is anticipated to be conducted in
2007.
Carried Unanimously
Mayor Peterson arrived at the meeting.
Request for Encroachment Agreement/License at 830 Hector Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, Attorney William D. Crane, apparently representing one of the parties in a
pending sale of the property at 830 Hector Street, has requested an encroachment
agreement/license for an existing stone retaining wall which appears to extend a
maximum of approximately ten feet into the City street right-of-way, at two locations
along the property frontage, each encroachment being approximately 40 feet in length,
as shown on the survey map prepared by T.G. Miller, PC, dated September 30, 2004,
as amended April 6, 2007, and
WHEREAS, it appears that the wall in question has been in existence in its current
location for decades, and
WHEREAS, staff has reviewed the request and does not anticipate any conflicts due to
the existing encroachment at this location, in the near future, now therefore be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor to sign an
encroachment agreement/license for the stone wall at 830 Hector Street, containing the
usual terms and conditions, plus a requirement that the private property owner be solely
responsible for maintaining, repairing and replacing the wall, as deemed necessary by
the City and at the private property owner’s sole cost, and be it further
RESOLVED, That the encroachment agreement shall not be subject to a fee at this
time, per the City’s current practice with regard to such agreements for existing, minor
encroachments associated with residential properties, but that the agreement shall
specify that at any time in the future it may become subject to new license/sue fees or
other requirements established by the Board as the result of its review of
encroachments and license agreements, which review is anticipated to be conducted in
2007-2008.
Carried Unanimously
APPROVAL OF MINUTES:
Approval of the January 4, 2006, January 18, 2006, March 15, 2006, April 5, 2006,
May 17, 2006, and June 7, 2006 Board of Public Works meeting minutes:
By Commissioner Schlather: Seconded by Commissioner Tripp
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May 9, 2007
RESOLVED, That the minutes of the January 4, 2006, January 18, 2006, March 15,
2006, April 5, 2006, May 17, 2006, and June 7, 2006 meetings be approved with noted
corrections.
Carried Unanimously
MAYOR’S COMMUNICATIONS:
Mayor Peterson explained that the 100 block of North Aurora Street is under
construction currently with the Water & Sewer department doing work and will
eventually be repaved. She stated that the Engineering Department has reported that
there may be an interest by merchants on both sides of the street in removing on-street
parking and widening the sidewalks. This proposal would provide more room for the
outdoor dining program and associated amenities.
City Clerk Holcomb explained that staff is attempting to gauge the level of interest on
that block for this proposal. She stated that this proposal and the timing is unique in that
not only is the City re-paving that street, but this is probably the only time when the
Aurora Street bridge is going to be closed. Closing the 100 block of North Aurora Street
when the bridge is open is extremely difficult. She stated that if the Board is interested
staff would like to take a look at some various layout alternatives. The timeline of this
project will be very tight. She noted that outdoor dining is extremely popular on that
block and restaurants have estimated that each table they put out produces about
$5,000 a season, so when the City restricted the amount of space they could use for
outdoor dining it created a huge financial hardship for them. The restaurateurs
recognize the safety concerns and pedestrian access issues, and are trying to find
solutions that would allow an increase to the width of the sidewalk so that it allows for
safe pedestrian access and additional outdoor dining space.
Discussion followed on the floor regarding the proposal, logistics, and concerns relating
to which side of the street would have “no parking”. The Board suggested that input be
sought from the City’s Transportation Engineer, the Ithaca Downtown Partnership, and
the Commons Advisory Board. Further discussion following regarding the possible
creation of a benefit assessment district to help pay for the cost of the project.
City Clerk Holcomb stated that she would contact business owners on that block to
obtain letters of support and written comments for the Board.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Jan Aguirre, Town of Ithaca, addressed the Board regarding safety in the parking
garages for motorcycles.
Fay Gougakis, City of Ithaca, addressed the Board regarding the proposed narrowing of
the 100 block of North Aurora Street, and her concern about mopeds parking in bicycle
areas in the Seneca Street parking garage.
RESPONSE TO THE PUBLIC:
City Attorney Hoffman responded to the comments/concerns raised regarding mopeds
parking in the Seneca Street parking garage.
Commissioner Tripp asked that a resolution be provided for the Board’s consideration
that would direct staff to install signage in the garages that would identify the areas that
are for bicycle parking only.
Discussion followed on the floor regarding the need for a unified decision on this issue
that also includes the needs of mopeds, scooters, and motorcycles. Further discussion
followed on how the current equipment in the garages would need to be modified to
accommodate these alternate modes of transportation. The Board asked that this be a
discussion item on the agenda for the Committee of the Whole meeting next week.
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May 9, 2007
2006 Sidewalk Assessments and Set Public Hearing – Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
WHEREAS, staff is prepared to supply a copy of the assessment to homeowners as a
result of sidewalk work undertaken in 2006 to improve the safety of the sidewalk
system, and
WHEREAS, the City’s Charter [C-73, D. (2)] requires the Board to review the
assessments and if found correct, shall certify the assessments to the Superintendent
prior to their being mailed out to the property owners, now therefore be it
RESOLVED, That the Board of Public Works certifies the 2006 Sidewalk Assessment
roll and directs the Superintendent to mail the appropriate notices to the homeowners
listed on the roll in order to begin the 30-day review period to consider any protests or
adjustments needed in order to finalize the assessment roll, and be it further
RESOLVED, The Board sets June 6, 2007, at 5:00 p.m. as a public hearing in order to
give homeowners a chance to protest their assessment.
Carried Unanimously
Municipal Compliance Certificate (MCC) Program:
Environmental Engineer Gibson explained that this program is a requirement of the
State of New York for storm water management. The City of Ithaca was required to
prepare a storm water management plan as of March of 2003 and has until January
2008 to produce that plan: There are six minimum measures in the plan: public
education outreach and involvement requirements; the ability to detect illegal
discharges and to eliminate them; construction management; post construction
management; and good housekeeping practices in municipal operations. The State has
reviewed the City’s last three annual reports and has given approval for four out of six of
those minimum measures. The measures that continue to need work are construction
and post construction management. The City still has to adopt a Storm Water
Ordinance which will include standard operating procedures with which to review site
plans, the incorporation of some kind of an inspection program, and the development of
a hierarchy with which to handle storm water as it comes in from a construction
standpoint. The draft is three quarters complete. There is also a sub-set of
requirements for illicit discharge detection. The City needs to produce a plan for storm
water management and submit it to the State by the end of the year, so he requested
that the Board grant itself Power To Act to adopt the annual report for submission to the
State at the Committee of the Whole meeting on May 16, 2007.
Power To Act – Approval of Annual Municipal Compliance Report - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power To Act on Approval of the Annual MCC
Report at the Committee of the Whole meeting on May 16, 2007 and to also include
time for public comment on this Item.
Carried Unanimously
Fentor Reactor:
Director of Laboratories for Water & Sewer Lozano addressed the Board to explain that
the Fentor Reactor refers to a plant improvement at the Wastewater Treatment Plant.
Staff’s objectives are to reduce the amount of trucked waste from the facility and to
increase the amount of cogeneration. Staff has worked for many years on this project
and have received funding from the New York State Energy Development Authority to
pay for the project. The City must select a contractor to build the Fentor Reactor. The
Fentor Reactor name refers to the chemical process used to increase the
biodegradability of biosolids.
Mayor Peterson noted that the award of bid will be forwarded to the Board next week for
approval.
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May 9, 2007
Power To Act on Accepting Bid for Fentor Reactor:
By Commissioner Dotson: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power To Act on Acceptance of a Bid for the
Fentor Reactor at the Committee of the Whole meeting scheduled for May 16, 2007.
Carried Unanimously
Power To Act on Relief from Unusually High Water & Sewer Bill at 1021 Hector
Street:
By Commissioner Schlather: Seconded by Commissioner Dotson
RESOLVED, That the Board grant itself Power To Act on Relief from Unusually High
Water & Sewer Bill at 1021 Hector Street at the Committee of the Whole Meeting
scheduled for May 16, 2007.
Carried Unanimously
Draft Scoping Document - Discussion:
Deputy Director of Planning & Development Cornish and O’Brien & Gere Consultants
Steve Eckler and Rick Gell joined the Board for discussion of this item.
City Attorney Hoffman stated that it appears to him that an effort was made to address
some of his primary concerns including the addition of the section on public need with
attention to needs for specific elements listed as a chapter in the Environmental Impact
Statement (EIS). He further stated that many of the descriptive adjectives with regard to
impacts have been deleted, so it just lists potential impacts and doesn’t try to classify
them.
O’Brien & Gere Consultant Eckler noted that the mitigation statements were too
conclusionary, although it is a requirement in scoping to make additional identification of
what mitigation you may have. The terms have been changed so that it just identifies
some types of mitigation that may be considered in the EIS. The document was
reviewed so that some areas are identified as having the potential for impacts
associated with land, and habitat, etc. That way people know when they read the
document that there are going to be impacts associated with those elements.
O’Brien & Gere Consultant Gell reminded the Board that they relied very heavily on the
EIS already adopted by the Board to produce this Draft Scoping Document.
Discussion followed on the floor regarding the CEQR process and what information
needs to be included in the Draft Scoping Document.
Superintendent Gray explained that as the Board looks at alternative methods to
provide access to the valves, the width of the roads, the amount of clearing, the
methodology, that they are getting to the point of designing the project and if that’s what
the Board wants to do there will be economic and time impacts involved.
Deputy Director of Planning & Development Cornish stated that this is an unusual
situation because two options are being studied. She thinks that there has to be a clear
direction for how far to go in the analysis and the Board should be careful about
spending taxpayer’s money on engineering information that in the end is not useful or
that won’t be used. There is a fine line between how far to go with your analysis before
you have an engineered solution. She understands that the Board needs to know what
the impact is going to be to accurately analyze it and to see then how to mitigate it;
however it will be difficult to do this because there are two options and we don’t want to
engineer both of them before we complete CEQR.
Extensive discussion followed on the floor regarding the following areas of concern:
1) The access roads from Route 79 and from Burns Road and how they would be
constructed, what types of materials will be used, and the proper placement of this item
in the document.
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May 9, 2007
2) How the 30’ and 60’ dams would be accessed and those impacts.
3) The elimination of use of the existing watershed within the Six Mile Creek Natural
area for the City’s water supply source, which may result in future land control, funding,
and maintenance issues.
4) Future possible uses of the Six Mile Creek Natural Area and the watershed area
if the purchase option is chosen; and the current designation of the area.
City Attorney Hoffman noted that the City Code contains a Chapter on Natural Areas
which specifies Six Mile Creek, maps it, and designates it as a Natural Area with a three
part use, one is a water source, one is for open space/recreational activities, and
another is as a nature preserve. He suggested that if the Board wishes to identify the
potential impacts for this area that it also list possible mitigation measures which could
include some kind of land trust designation or forever wild designation that would make
it much more difficult for some future city administration to sell it or change the use of
the area.
5) Re-evaluation of the upper reservoir area and restrictions for public access if the
purchase option is chosen.
Power To Act – Proposed Draft Scoping Document:
By Commissioner Dotson: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power To Act on the Proposed Draft Scoping
Document at the Committee of the Whole meeting scheduled for May 16, 2007.
Carried Unanimously
O’Brien & Gere Consultant Eckler stated that when the Board meets again it should
start to think about what the period of time is going to be for accepting comments to the
scoping document and about scheduling a date for the public scoping meeting.
Proposed Rimland Project:
Commissioner Schlather stated that Gary Ferguson and Mack Travis have both
approached him and requested that he meet with Jeff Rimland with respect to his
proposed project by the old Rothchild’s building. He explained that he did not feel
comfortable doing that on his own; but that perhaps a sub-committee of the Board
would be willing to meet with them as they are trying to be responsive to concerns
raised by the Board.
ADJOURNMENT
On a motion the meeting adjourned.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor