HomeMy WebLinkAboutMN-BPW-2009-04-22BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:51 p.m. April 22, 2009
PRESENT:
Acting Mayor Dan Cogan
Commissioners (5) - Jenkins, Brock, 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
Common Council Liaison – Zumoff
DAC Liaison – Roberts
Executive Assistant – Gehring
EXCUSED:
Mayor Peterson
Deputy City Controller - Andrew
PLEDGE OF ALLEGIANCE:
Vice-Chair Jenkins led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Vice-Chair Jenkins suggested the Board consider minutes ready for approval when
Commissioner Schlather arrived at the meeting.
No board member objected.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Beverly Baker, City of Ithaca resident, addressed the Board regarding curb and sidewalk
repair work at 309 North Aurora Street.
Commissioner Schlather arrived at 5:00 p.m.
RESPONSE TO THE PUBLIC
Commissioner Tripp explained to Ms. Baker that the Board would discuss her sidewalk
assessment appeal later in the meeting.
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Hangar Theatre Renovations – Power to Act – Resolution
By Commissioner Tripp: Seconded by Commissioner Schlather
RESOLVED, That the Board of Public Works grant themselves Power to Act on the proposed
renovations to the Hangar Theatre at the May 6, 2009, Committee of the Whole Meeting.
Discussion followed on the floor regarding the proposed modifications to the Hangar Theatre.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Site Plan Review for Hotel Ithaca, Consent to Lead Agency Designation – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter
176.6 of the City Code, Environmental Quality Review, require that a lead agency be
established for conducting environmental review of projects in accordance with local and
state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental review, the
lead agency shall be that local agency which has primary responsibility for approving and
funding or carrying out the action, and
Board of Public Works April 22, 2009 Page 2
WHEREAS, the City of Ithaca Planning and Development Board has one pending application
for site plan approval for the Hotel Ithaca, located at 220 East Green Street in the City of
Ithaca by Ithaca Properties LLC Applicant/Owner, and
WHEREAS, the Planning Board has indicated its intention to act as lead agency for the
environmental review of a proposed site plan for the Hotel Ithaca, and
WHEREAS, the applicant to the Planning Board is proposing the construction of a new 124+/-
room hotel with restaurant, lobby, and other space in support of a hotel operation, in a
building encompassing 96,075+/- sq. feet in 12 stories with a portion of the upper stories
extending 12’ over the Green Street garage. The main (pedestrian) entrance is proposed to
be on Aurora Street with parking and additional entrances from the parking decks at the
Green Street garage. The proposal includes the development of a screened rooftop
mezzanine to incorporate program space and conceal rooftop mechanicals. The development
site contains two tax parcels: Parcel B in the CBD 65 Zoning District and Parcel A in the CBD
85 Zoning District and requires an area variance for height and rear yard setback. Building
materials are not specified at this time. This is a Type I action under the City of Ithaca
Environmental Quality Review Ordinance in accordance with §176-4 (B)(1)(l)(n) and an
Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review, and
WHEREAS, the Board of Public Works may be an involved agency for the purposes of
environmental review of this action, now therefore be it
RESOLVED, That the Board of Public Works hereby consents to the designation of the
Planning Board as lead agency for the environmental review of the proposed Hotel Ithaca.
Discussion followed on the floor regarding the possible loss of parking spaces in the Green
Street Garage, the connection to Hotel Ithaca, and clarification on the name “Hotel Ithaca.”
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the following Resolved clause be added to the Resolution as the first
Resolved clause:
“RESOLVED, That this consent shall not be construed as the surrender of any rights of the
Board of Public Works to approve a proposed connection between Hotel Ithaca and the
Green Street Parking Garage and potential loss of parking spaces, and be it”
Carried Unanimously
Main Motion as Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Appeal of Bill For New Water Service at 220-222 Utica Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, Brian and Britta Lee, owners of 220-222 Utica Street received a bill dated
November 21, 2008, City of Ithaca invoice #8534 in the amount of $2,689.92 for the
replacement of their water service line within the street right-of-way on October 16, 2008, and
WHEREAS, Brian Lee appeared before the Board of Public Works on Wednesday, March 25,
2009 to request that the Board of Public Works consider expunging the bill, and
WHEREAS, the Board of Public Works considered this request and found the billing to be in
accord with the provisions of chapter 348 of the City Code, and
WHEREAS, Brian Lee subsequently requested that at least the overtime billing rates be
expunged and the time billed at the regular rates since the owners did not get the opportunity
to decide beforehand whether the work was done during the regular working hours or on
overtime, now therefore be it
RESOLVED, That the Board of Public Works denies the request to expunge the bill for the
water service installed at 220-222 Utica Street, and be it further
Board of Public Works April 22, 2009 Page 3
RESOLVED, That the Board of Public Works grants the request to eliminate the billing at
overtime rates from the original bill. This amounts to a reduction of $242.0625 from the
original billing of $2,689.92, for a modified total of $2,447.86.
Carried Unanimously
Hotel Ithaca and Green Street Garage Connection - Discussion
Scott Whitham joined the Board for their discussion of this item. Supt. Gray explained that
the owners and developers of the hotel thought a connection to the garage might assist hotel
patrons. Discussion followed on the floor regarding the sketches provided for the meeting
showing the proposed connections.
Commissioner Schlather stated the sketches indicate the removal of five parking spaces and
noted the removal of those spaces would result in a loss of over $160,000 in revenue for the
City. City Attorney Hoffman stated that the City would request the value of those spaces if
they are removed. Commissioner Schlather volunteered to act as a liaison for the Board in
the negotiations with Hotel Ithaca, along with the Mayor, City Attorney and Superintendent of
Public Works.
Discussion followed on the floor regarding the use of city land by outside businesses and the
proposal for removal of parking spaces in the garage.
Extensive discussion followed on the floor regarding proposed pedestrian and vehicle access
to and around the hotel. Mr. Whitham stated that, currently, the only proposed vehicular
access point to the hotel is in the Green Street Garage. He further stated that TCAT has been
contacted about providing transportation to the hotel and the proposed pedestrian entrance to
the hotel is on Aurora Street.
Cinemapolis Signage – Discussion
Lynne Cohen, Co-Executive Director, 7th Art Corp./Cinemapolis; Richard Szanyi, Co-
Executive Director, 7th Art Corp./Cinemapolis; and Craig Christopher, owner, Cayuga Signs,
joined the Board for the discussion of this item.
City Attorney Hoffman explained that two out of the four proposed signs require consideration
by the Board.
Ms. Cohen explained the proposal is to place two signs on the Green Street Garage to
advertise Cinemapolis Theater and where the signs would be placed on the garage.
Discussion followed on the floor regarding whether the signs would become subject to the
new fees proposed in the new Use of City Property ordinance. Further discussion followed
on the floor regarding the source of electricity for the signs, indemnification, and using city
buildings for signage. The Board requested that this item be placed on the agenda for the
May 6, 2009, Committee of the Whole meeting.
Power to Act – Cinemapolis Signage – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board of Public Works grants themselves Power to Act on proposed
signage for Cinemapolis at the May 6, 2009, Committee of the Whole Meeting.
Carried Unanimously
HIGHWAYS, STREETS, AND SIDEWALKS:
Appeal of Sidewalk Assessment for 309 North Aurora Street – Resolution
By Commissioner Brock: Seconded by Commissioner Wykstra
WHEREAS, Beverly Baker, owner of 309 North Aurora Street, received a 2005 sidewalk
assessment for sidewalk work completed adjacent to her property, and
WHEREAS, Ms. Baker received sidewalk notices in 2000 and 2005, and has had several
written and verbal communications with staff regarding her concerns before and after the
work, and
WHEREAS, Ms. Baker filed a written appeal of the assessment listing multiple reasons why
she alleges she should not pay for the work, and
Board of Public Works April 22, 2009 Page 4
WHEREAS, a subcommittee of the Board of Public Works has met with staff, made a site
visit and reviewed information provided by Ms. Baker and staff regarding the appeal; now
therefore be it
RESOLVED, That the Board recognizes that the city’s contractor completed the sidewalk
replacement work, and feels that the owner is responsible for payment because Ms. Baker
was not prevented by the City from performing the work; there are no records or other reason
to believe that city staff informed the owner that her walk would be replaced at no charge; the
faint footprint and slight color variation with adjacent concrete does not affect the function of
the sidewalk; the original estimate was not a guarantee of final cost; the former walk from the
main sidewalk to the street is not required and field notes indicate it should be removed and
standard procedure is to replace similar walks unless the owner declines the option; and the
six inch thick areas of concrete have not cracked under 3.5 years of commercial use since
installation and therefore do not appear to be constructed at four inches thick, and be it
further
RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment
for 309 North Aurora Street.
Discussion followed on the floor regarding the process the subcommittee used to review
these appeals and make determinations, and why the property owners were not directly
involved with the entire process.
Commissioner Schlather suggested that the resolution be withdrawn pending further staff
review. No Board member objected.
Motion to Withdraw – Resolution
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the above motion is hereby withdrawn pending further staff review.
Carried Unanimously
Review of Sidewalk Snow Removal Bill, 622 Cascadilla St. – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk
snow removal at 622 Cascadilla Street, and
WHEREAS, the Board has reviewed photos and information provided by city staff and the
owner of the property, and made a site visit to such address and indeed verified that there
was a sidewalk and
WHEREAS, the Board finds that appropriate process was followed to keep the sidewalks safe
for pedestrians, now, therefore, be it
RESOLVED, That the Board denies the appeal, and be it further
RESOLVED, That the Board directs staff to notify the owner of this resolution and give the
owner two weeks from the date of notification in order to pay the fees before penalties are
accrued.
Carried Unanimously
Acting Mayor Dan Cogan left the meeting at 6:30 p.m.
Review of Sidewalk Snow Removal Bill, 308 Elmira Road – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk
snow removal at 308 Elmira Road, and
WHEREAS, the Board has reviewed photos and other information provided by city staff and
the owner of the property, and
WHEREAS, the Board finds that appropriate process was followed to keep the sidewalks safe
and accessible for pedestrians, now, therefore, be it
Board of Public Works April 22, 2009 Page 5
RESOLVED, That the Board denies the appeal for snow removal billing, and be it further
RESOLVED, That the invoice dated January 14, 2009, in the amount of $114.63 shall be
reduced to $50, and be it further
RESOLVED, That the Board directs staff to notify the owner of this resolution and give the
owner two weeks from the date of notification in order to pay the fees before penalties are
accrued.
Discussion followed on the floor regarding the reason for the reduction of the first bill from
$114.63 to $50, and the number of sidewalks that City crews removed snow from during the
winter.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
CREEKS, BRIDGES, AND PARKS:
Prospect Street Reconstruction – East Clinton Street Bridge Rehabilitation Project –
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, a Project for the reconstruction of PROSPECT STREET and the rehabilitation of
the EAST CLINTON STREET BRIDGE OVER SIX MILE CREEK,P.I.N. 375457(“the Project”)
is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway
Administration (AFHWA), as amended, that calls for the apportionment of the costs of such
program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of
100% of the non-federal share of the costs of Scoping, Preliminary Design, Detailed Design,
and Right of Way Incidentals, now therefore be it
RESOLVED, That the Board of Public Works hereby approves the above-subject project; and
it is hereby further
RESOLVED, That the Board of Public Works recommends that Common Council hereby
authorize the City of Ithaca to pay in the first instance 100% of the federal and non-federal
share of the cost of Scoping, Preliminary Design, Detailed Design, and Right of Way
Incidentals for the Project or portions thereof; and be it further
RESOLVED, That the Board of Public Works recommends that the sum of $465,000 be
appropriated as follows: from Capital Project #725 the sum of $280,000 and from the Capital
Project #726 the sum of $185,000, to cover the cost of participation in the above phase of the
Project; and it is further
RESOLVED, That the Board of Public Works recommends in the event the full federal and
non-federal share costs of the project exceeds the amount appropriated above, Common
Council of the City of Ithaca shall convene as soon as possible to appropriate said excess
amount immediately upon the notification by the NYSDOT thereof, and be it further
RESOLVED, That the Board of Public Works recommends that the Mayor of the City of
Ithaca, of the County of Tompkins be and is hereby authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of
Ithaca and the Superintendent of Public Works be authorized to sign all necessary
construction documents, contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That the Board of Public Works recommends that the Common Council
authorizes the Superintendent of Public Works to administer the above project, and be it
further
RESOLVED, That this resolution shall take effect immediately.
Discussion followed on the floor regarding the type of material the surface of the bridge would
be constructed from, the expected width of the bridge, and whether the design for the new
bridge would include bicycle and pedestrian lanes.
Board of Public Works April 22, 2009 Page 6
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Award of Bid to Restore Bridge Railing - North Cayuga Street over Cascadilla Creek -
Resolution
By Commissioner Tripp: Seconded by Commissioner Schlather
WHEREAS, bids were received on March 3, 2009 for Restoration of Bridge Railing on North
Cayuga Street over Cascadilla Creek, and
WHEREAS, staff has reviewed the bids received and recommends award, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Restoration of
Bridge Railing on North Cayuga Street over Cascadilla Creek Project to Silverline
Construction, Inc. of Burdett, NY, for their low bid meeting specifications of $8,658.00.
Discussion followed on the floor regarding the reason for the repair, which was caused by a
private citizen and the fact that their insurance will pay for the costs of the repairs.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
2009 Golf Course Rates – Discussion
Supt. Gray explained that when the rates were approved in 2008, the resolution stated they
were not to be changed until modified by the Board. He further stated Mayor Peterson
determined that resolution only covered 2008, and that approval of the 2009 rates is required.
Discussion followed on the floor regarding the budget for the Newman Golf Course, the
average deficit, activity at the course, current rates and possible rate increases.
Commissioner Schlather requested information on golf cart rental fees and the 2009 budget
for the special meeting on April 29, 2009.
Power to Act – 2009 Golf Course Rates – Resolution
By Commissioner Jenkins: Seconded by Commissioner Wykstra
RESOLVED, That the Board of Public Works grants themselves Power to Act on the 2009
Golf Course Rates at the April 29, 2009, Special Meeting.
Carried Unanimously
WATER AND SEWER:
Authorization for Assistant Superintendent for Department of Public Works Water &
Sewer Division to sign CWSRF Economic Stimulus Funding Application – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, City Water & Sewer Staff completed an Economic Stimulus Funding Application,
CWSRF IUP #C7-6387-03-00 and C7-6387-04-00 to the New York State Environmental
Facilities Corporation (EFC), and
WHEREAS, the application was reviewed by both the Superintendent and Assistant
Superintendent of the City of Ithaca Department of Public Works, and
WHEREAS, the application requires a signature authorized by Resolution on behalf of the
City of Ithaca, applicant, and
WHEREAS, the application has already been signed and mailed on March 30, 2009 in order
to meet application deadline, now therefore be it
RESOLVED, that the Board of Public Works retroactively authorizes the Assistant
Superintendent of the City of Ithaca Department of Public Works Water & Sewer Division to
have signed the application on behalf of the City of Ithaca.
Carried Unanimously
APPROVAL OF MINUTES:
Approval of the Minutes of the May 10, 2006, March 11, 2009, March 18, 2009, March 25,
2009, and April 1, 2009, Board of Public Works Meetings – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
Board of Public Works April 22, 2009 Page 7
RESOLVED, That the Minutes of the May 10, 2006, March 11, 2009, March 18, 2009, March
25, 2009, and April 1, 2009, Board of Public Works meetings be approved as published.
Carried Unanimously
Approval of the Minutes of the June 20, 2007, Board of Public Works Meeting –
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the June 20, 2007, Board of Public Works Special Meeting
be approved with noted corrections.
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS:
Commissioner Schlather expressed concern that the Board was being criticized for how long
it is taking to review the Water Supply Environmental Impact Study (EIS). Discussion
followed on the floor regarding his concern, when the Water Supply EIS will be on the agenda
again, and how long it will take the Board to review the rest of the EIS. Commissioner
Schlather suggested that the Committee of the Whole meeting on May 6, 2009, be devoted
mostly to the Water Supply EIS. He further suggested that the meeting begin at 4:30. All
Board members agreed.
ADJOURNMENT
On a motion the meeting adjourned at 7:14 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor