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HomeMy WebLinkAboutMN-BPW-2008-05-14BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. May 14, 2008 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Chapman, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Deputy City Controller - Andrew Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Coles DAC Liaison – Roberts Executive Assistant - Myers PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Commissioner Tripp; Seconded by Commissioner Wykstra RESOLVED, That the Minutes of the April 2, 2008 Board of Public Works Special Meeting, April 9, 2008 Board of Public Works Voting Meeting, March 12, 2008 Board of Public Works Voting Meeting, April 16, 2008 Board of Public Works Committee of the Whole Meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt Gray requested that a resolution for the Traffic Signal Removal at North Tioga and Lincoln Streets be added to the agenda. Supt. Gray stated that the item on the Watershed program was intended to be a resolution and public hearing on the Annual Stormwater Report. Commissioner Schlather arrived at 5:00 pm. City Attorney Hoffman requested that the Board grant themselves power to act at their next meeting on a possible resolution regarding the Midura Creek Wall. MAYOR'S COMMUNICATIONS: Mayor Peterson stated that the Local Action Plan Committee had met to talk about sustainability and green house gas emissions. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Joey Moro, Fayette Street, stated that he would like to see the City undertake a reuse week in which residents put unwanted but reusable items by the curb and people could take what they wanted. He stated that the leftovers could then be taken to the recycling center. He further stated that another option would be to have a location by the recycling center for people to leave their reusable items for others. He further stated that the Science Center needs a new space for their reuse programs, the computer repair program especially. RESPONSE TO THE PUBLIC Supt. Gray stated that the science center reuse programs had already outgrown the spaces the City had to offer. He further stated that the reuse week was done once before and is something the City is not interested in doing again due to the logistics and the expense. He further stated that if there were a location by the recycling center where people could leave reusable items there would need to be a method to pay for the disposal of unclaimed items. Commissioner Wykstra stated that people already leave reusable items in a location within May 14, 2008 Board of Public Works Voting Meeting Minutes Page 2 the recycling center where others can claim them before they are disposed of. Commissioner Tripp stated that she would be interested in hearing about other communities with similar programs and how successful and expensive they are. Highways, Streets, and Sidewalks Traffic Signal Removal Study: East Lincoln and North Tioga Street – Resolution To Change Traffic Control at the Intersection of Lincoln and Tioga Streets from a Traffic Signal to an All-Way Stop BY Commissioner Tripp; Seconded by Commissioner Chapman WHEREAS, the City Transportation Engineer presented a report dated March 4, 2008 to the Board of Public Works on May 7, 2008, with a recommendation to replace the traffic signal at the intersection of Lincoln and Tioga Street with all-way stop control, and WHEREAS, the Board of Public Works is in agreement with this proposal, and WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, now therefore be it RESOLVED, That the intersection of Lincoln and Tioga Streets be removed from Schedule I, Traffic Control Signals, and be placed in Schedule VIII, Stop Control Intersections, in the section designating control by an all-way stop, and be it further RESOLVED, That the Department of Public Works is authorized to make the necessary changes to transition the intersection operation from a traffic signal to all-way stop control. Carried Unanimously Discussion followed regarding pedestrian facility improvement with the removal of the traffic signal. Further discussion followed regarding audible cross walk devices. Sidewalk Code – Resolution By Commissioner Tripp; Seconded by Commissioner Wykstra WHEREAS, the Board of public Works has reviewed staff’s recommendations for changes to the City Charter section C-73 Sidewalks with the stated intention of streamlining the section to improve presentation and eliminate some duplication with other city code sections, and to treat the maintenance and repair of existing sidewalk similar to other utilities such as water and sewer service, and WHEREAS, both staff and the Board believe these changes will speed up the procedure related to upkeep of the City’s existing sidewalks without diminishing the individual property owners’ rights or recourse, now therefore be it RESOLVED, That the Board of Public Works requests Common Council adopt the recommended changes to City Charter section C-73 Sidewalks as presented in the attached proposed update, dated May 9, 2008 Commissioner Tripp requested that the language in Section C regarding the amount of time individuals will have to repair their sidewalks be clarified. Discussion followed regarding possible changes to section C. Further discussion followed regarding the process for individuals who want to repair their own sidewalk. Resolution to Amend By Commissioner Tripp; Seconded by Commissioner Wykstra RESOLVED, that the following be added to the end of the last resolved clause “, as revised at the Board of Public Works at its meeting on May 14, 2008.” May 14, 2008 Board of Public Works Voting Meeting Minutes Page 3 Carried Unanimously Vote on the Main Resolution Carried Unanimously Cascadilla Creek Wall - Resolution for Power to Act City Attorney Hoffman stated that the ruling in the lawsuit regarding this property was that the property owner would repair the wall at his own expense. He stated that the owner brought plans to the Building Department for approval and was told that he would need City approval to build the wall as it encroached on City property. He further stated that the owner’s attorney stated that the old wall had followed the same line and therefore did not encroach on City property. He further stated that wall does need to be fixed soon to avoid further damage. Alderperson Coles left at 5:50 p.m. City Attorney Hoffman requested that the Board grant itself power to act on a possible resolution related to this issue next week. Resolution for Power to Act By Commissioner Schlather; Seconded by Commissioner Wykstra RESOLVED, That the Board of Public Works grants itself power-to-act on a resolution regarding the creek wall located next to the Midura property at the May 21, 2008 meeting and at the June 4, 2008 meeting. Carried Unanimously Water and Sewer Stormwater Management Program Annual Report – Public Hearing Resolution to Open Public Hearing: By Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the public hearing to accept the Annual Stormwater Report be declared open. Carried Unanimously There was no one present to address the Board at the public hearing. Resolution to Close Public Hearing: By Commissioner Tripp; Seconded by Commissioner Jenkins RESOLVED, That the public hearing to accept the Annual Stormwater Report be declared closed. Carried Unanimously Stormwater Management Program Annual Report – Resolution By Commissioner Schlather; Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca is a permitted small Municipal Separate Stormwater Sewer System (MS4) under Clean Water Act Phase II regulations for stormwater discharges and, WHEREAS, the City of Ithaca received State Pollutant Discharge Elimination System (SPDES) permit coverage through the New York State Department of Environmental Conservation (NYSDEC) on March 10, 2003 and, WHEREAS, the permit required the City to incrementally develop a stormwater management program (SWMP) no later than January 8, 2008 by meeting measurable goals including public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction and post construction management, and management of municipal operations and, WHEREAS, the City was successful in this endeavor, and May 14, 2008 Board of Public Works Voting Meeting Minutes Page 4 WHEREAS, the City is required to file its 5th annual progress report to the NYSDEC by June 1, 2008 and, WHEREAS, the City has addressed all public comments received therein; now, therefore be it RESOLVED, that the Board of Public Works hereby approves the City of Ithaca Stormwater Management Program Annual Report which represents the status of the City’s SWMP for the 2007 - 2008 reporting period, and be it further RESOLVED, that the City of Ithaca Division of Water & Sewer is authorized to submit said report to the NYSDEC by June 1, 2008. Carried Unanimously Environmental Engineer Gibson reported on the current year’s successes in implementing the Stormwater Management Plan. Discussion followed regarding the Stormwater Management Officer position. Mayor Peterson stated that the Town of Ithaca and the City are looking into splitting the cost of funding a Stormwater Management Officer position to operate for both municipalities. Water and Sewer Rents – Resolution By Commissioner Schlather; Seconded by Commissioner Tripp WHEREAS, the Board of Public Works has reviewed staff’s recommended changes to sections 348-48 Rates and Rents Established and 348-49 Terms of Payment of Chapter 348 Water and Sewers of the City Code, and WHEREAS, the proposed changes will bring the rate setting procedure into conformance with the Board’s current practice of updating the rate tables by resolution passed from time to time, and will provide a new approach to collecting bills and assessing a penalty on bills paid after their due date, now therefore be it RESOLVED, that the Board of Public Works adopts the changes to section 348-48 and 348-49 as shown in the attached Proposed Changes dated May 9, 2008 and those changes shall become effective immediately, with the exception of the changes outlined in section 348-49 B. which shall become effective with the first billing under the new Automatic Meter Reading system, but not later than December 31, 2008. City Attorney Hoffman stated that he had concerns about the Board of Public works changing part of City Code since it gives the impression that the Board is a legislative body. Supt. Gray stated that the Board acts as a regulatory body and not a legislative one. City Chamberlain Parsons stated that these changes allow the Board to set rates by resolution as they always have. She further stated that the Board may or may not have already set some of these rates earlier in the year. Resolution to Amend By Commissioner Schlather; Seconded by Commissioner Tripp RESOLVED, That the effective date of the proposed changes listed in the final resolved clause be changed from “immediately” to “June 1, 2008.” Carried Unanimously Vote on the Resolution as Amended Carried Unanimously Resolution to Change Traffic Control at the Intersection of S. Plain and Center May 14, 2008 Board of Public Works Voting Meeting Minutes Page 5 Streets to All-Way Yield By Commissioner Tripp; Seconded by Commissioner Wykstra WHEREAS, a mini traffic circle is the currently in place at the intersection of South Plain and Center Streets, and WHEREAS, as the City’s only mini traffic circle, it should be maintained and operated appropriately so as to accurately test that suitability of such a design and to garner acceptance and respect from the community, and WHEREAS, the federal Manual on Uniform Traffic Control Devices (MUTCD) and the Federal Highway Administration’s (FHWA) Pedestrian Safety Guide and Countermeasure Selection System indicate that mini traffic circles should be controlled by all-way yield signs, and WHEREAS, the Office of the City Engineer has studied the specific conditions present at this intersection to verify that all-way yield operation is more appropriate than the existing two-way stop operation and WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, now therefore be it RESOLVED, that the Board of Public Works hereby approves all-way yield operation at the S. Plain Street and Center Street mini traffic circle in accordance with MUTCD and FHWA guidance and staff recommendation; and be it further RESOLVED, that the intersection of South Plain and Center Streets is hereby removed from Schedule VIII, Stop Control Intersections, and is added to Schedule IX, Yield Intersections, with the direction of travel noted as “all-way.” Carried Unanimously There was no discussion on the resolution. Administration and Communications National Public Works Week – Resolution By Commissioner Tripp; Seconded by Commissioner Schlather WHEREAS, the American Public Works Association is celebrating National Public Works Week May 18-25, 2008 as a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works, and WHEREAS, public works makes up the fabric from which society builds its communities and consists of a very broad range of investments from invisible systems such as water distribution or wastewater collection and treatment, through more visible links such as streets, highways, transit and rapid transit systems, to highly visible community assets such as libraries, fire and police departments, schools, city halls, airports, parks and community centers, and WHEREAS, the Board of Public Works is charged with the management (planning, operations and maintenance) of a large part of public works in the City of Ithaca, supported by Common Council, and in cooperation with many of Tompkins County’s other public works agencies, now therefore be it RESOLVED, That the Board of Public Works extends thanks to the women and men of the Department of Public Works who maintain, operate and build the City’s public systems, and expresses its gratitude for the generations of volunteers and appointees to the Board’s commissions, or study groups and who provide input, guidance, knowledge, labor and priceless hours that shape and multiply the advances of the department, and be it further, RESOLVED, That the Board of Public Works is proud of the City’s long history of public works in support of the City’s residents, its businesses and institutions, and the larger May 14, 2008 Board of Public Works Voting Meeting Minutes Page 6 community. Discussion followed regarding the recent successes for the Department of Public Works. Board members unanimously expressed their gratitude for all the hard-working men and women who work in Public Works. Carried Unanimously Reports Rick Ferrel’s Report Asst. Supt. Streets and Facilities Ferrel reported that his staff is very busy this season. He stated that to date staff has been working on finishing the Spencer Road triangle, the ADA compliance issues, sidewalks, and numerous other projects. He further stated that they are currently working to hire a bridge crew. Erik Whitney’s Report Asst. Supt. Water and Sewer Whitney stated that currently his department is working to deal with oil spills at their First Street location, and the Southwest re- looping project. Superintendent and Staff Supt. Gray stated reported that many capital projects are underway including working in the City’s parking garages, the water plant, and the Cass Park and Ithaca Police Department generators. He further stated that work is also being done with the Ithaca Festival and on the hard fill site. ADJOURNMENT On a motion the meeting adjourned at 7:00 p.m. ________________________ Jessica Myers Carolyn K. Peterson Executive Assistant Mayor