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HomeMy WebLinkAboutMN-BPW-2009-09-02BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:50 p.m. September 2, 2009 PRESENT: Mayor Peterson Commissioners (4) - Brock, Schlather, Tripp, Wykstra OTHERS PRESENT: Assistant City Attorney – Este-Green Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts Executive Assistant – Gehring Alderperson – Rosario EXCUSED: Commissioner Jenkins City Attorney - Hoffman Administrative Communications: Supt. Gray explained that items 7 (Sidewalk Work Priority Plan), 8 (Traffic Signal at Albany & Titus), and 9 (School Speed Zone on First Street) may not be discussed at this meeting, so staff was not required to attend this evening’s meeting. He further stated that staff would be able to return to the voting meeting on September 9, 2009, to augment the discussion of those items. The Board agreed to include the items on the voting meeting agenda. Commissioner Schlather arrived at 4:56 p.m. Traffic Signals at South Albany Street & Titus Avenue (North and South) – Recommendation to Remove Traffic Signals Alderperson Rosario addressed the Board regarding the Titus Avenue Traffic Signals to express concerns raised by the neighborhood about the removal of them. He noted that they did agree to a trial period of flashing red lights for seven to nine months, followed by a vote from the Board to either remove or keep the traffic signals. Supt. Gray stated that the Traffic Engineer and Police Chief would support a trial period, though not for as long as nine months, and suggested a trial period of seven months. Alderperson Rosario stated that he would notify the neighborhood of the length of the trial period. He further acknowledged and thanked Traffic Engineer Logue and the Engineer’s Office for attending the neighborhood meeting. The Board agreed that further discussion of this item would be held at the September 9, 2009, meeting. Alderperson Rosario thanked the Board and the staff at Streets and Facilities for placing signs around the P&C Grocery Store during the construction around the store on Hancock Street. Power to Act - Approval of the Minutes of the December 20, 2006, Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Minutes of the December 20, 2006, Board of Public Works Voting meeting be approved as published. Carried Unanimously Commissioner Wykstra noted that these are the last of the old minutes that required approval. Board of Public Works Page 2 September 2, 2009 Committee of the Whole Power to Act - Approval of the Minutes of the June 10, 2009, Board of Public Works Meeting – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the June 10, 2009, Board of Public Works Voting meeting be approved. Motion Withdrawn Power to Act - Approval of the Minutes of the June 10, 2009, Board of Public Works Meeting – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board grants itself Power to Act on the approval of the June 10, 2009 Board of Public Works meeting minutes at the September 16, 2009, Committee of the Whole meeting. Carried Unanimously Power to Act – Approval of the Minutes of the June 24, 2009, Board of Public Works Meeting By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the June 24, 2009, Board of Public Works Voting meeting be approved. Amending Resolution By Commissioner Schlather: Seconded by Commissioner Brock RESOLVED, That the eighth paragraph on page two of the June 24, 2009 minutes be amended as follows: “The Board suggested some language changes and agreed to wait for additional proposed language from the consultants before finalizing the language.” A Vote on the Amendment Resulted as Follows: Carried Unanimously Main Motion as Amended: A Vote on the main Motion as Amended Resulted as Follows: Carried Unanimously Power to Act - Approval of the Minutes of the July 8, 2009, Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the July 8, 2009, Board of Public Works Voting meeting be approved as with noted corrections. Discussion followed on the floor. Commissioner Schlather withdrew his motion and Commissioner Tripp did not object. Power to Act RESOLVED, That the Board grants itself Power to Act on the approval of the July 8, 2009, Board of Public Works meeting minutes at the September 16, 2009, Committee of the Whole meeting. Carried Unanimously Power to Act - Request for Agreement with TTH Assoc. LLC (Center Ithaca) Regarding East Service Alley under Green Street Garage – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, in the course of planning certain renovations to and reconstruction of the Green Street Parking Garage, it was necessary for the City of Ithaca to renegotiate the terms of certain easements held by the owner of the adjacent Center Ithaca property (then TSD Associates, LLC; now TTH Associates, LLC, or “TTH”); and WHEREAS, the result of such negotiations was an agreement between the parties, dated September 27, 2007, together with an instrument of even date entitled “Permanent Easements and/or Rights-of-Way;” and Board of Public Works Page 3 September 2, 2009 Committee of the Whole WHEREAS, said Agreement and easements establish, inter alia, that TTH holds a permanent easement over the so-called North-South Corridor (beneath the Garage, at the easterly end of the Garage Property), which easement allows TTH to use said corridor for ingress and egress between Center Ithaca and Green Street (for as long as certain conditions exist), and makes TTH responsible for maintenance of the corridor; and WHEREAS, said easement does not expressly give TTH authority to control access to or use of the Corridor by others, which uncontrolled use could interfere with the ability of TTH to use the Corridor for its intended purpose, and which authority has been requested by TTH; now therefore be it RESOLVED, That the Board of Public Works finds that allowing TTH to control access to the North-South Corridor by non-emergency vehicles is not in conflict with the parties’ intentions in their 2007 agreements, and in fact is a practical necessity in order for the Corridor to be used as anticipated, without undue interference by others; and be it further RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon the advice of the Superintendent and the City Attorney, to execute an agreement between the City and TTH Associates, LLC, allowing TTH to control vehicular access to and use of the North-South Corridor (for as long as the easement remains in effect), and including the following terms: 1. TTH may cause non-emergency, non-City vehicles that are parked, stopped or standing in the North-South Corridor to be removed at vehicle owner’s expense. 2. TTH shall be responsible for installing and maintaining appropriate signage in the Corridor, denoting TTH’s right to control vehicular access and warning that unauthorized vehicles in the corridor may be ticketed and removed at vehicle owner’s expense. 3. TTH shall honor any pre-existing right of access to the North-South Corridor that may currently be held by others. 4. TTH shall indemnify and hold the City harmless in connection with any claims, damages or awards arising out of any actions TTH may take in enforcing its control of access to the Corridor, which indemnification shall extend to the City’s reasonable attorney’s fees incurred in its defense against any such claims. Commissioner Schlather expressed his previous concern that the new agreement with Center Ithaca would not preserve the City’s right of access to use the corridor. He explained that he had reviewed the 2006 agreement along with the new agreement and found that the City’s rights have been preserved, so he would support the new agreement. Carried Unanimously Sidewalk Work Priority Plan – Discussion Mayor Peterson summarized the memorandum that was distributed to the Board regarding the sidewalk work priority plan and expressed her disagreement with the plan. Discussion followed on the floor regarding the need for a plan, whether an approved plan could be modified later, and the inclusion of Common Council in the discussion about the plan. The Board agreed to discuss this item at a future Board of Public Works meeting. Further discussion followed on the floor regarding determining a mechanism of establishing priorities and good practices. Commissioner Tripp suggested entering into an executive session to discuss the employment history of a particular person. Board of Public Works Page 4 September 2, 2009 Committee of the Whole Motion to Enter Into Executive Session – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra RESOLVED, That the Board enter into Executive Session to Discuss the Employment History of a Particular Person. Carried Unanimously The Board entered into Executive Session at 5:48 p.m. Reconvene The Board reconvened into regular session at 6:00 p.m. with no formal action taken during the executive session. DPW 2010 Budget Requests – Discussion Mayor Peterson explained that the budget process had commenced with departmental meetings and that there would be significant loss in revenues from building permit fees and sales tax. She further explained that there would be a 50-60% increase in pension contributions which would result in a $1 million increase to the budget. She stated that employees would be notified of the budget shortfalls. She also explained that she would be asking employees for cost saving suggestions in an effort to avoid possible layoffs. Mayor Peterson left the meeting at 6:07 p.m. Supt. Gray stated that Mayor Peterson and Controller Thayer were educating department heads on the fund losses for 2010 and had requested that departments submit two budgets, one with 0% increases and one with 2% increases. Doing two budgets in that way resulted with a reduction in the work program for each department due to salary and pension contribution increase requirements for 2010. Discussion followed on the floor regarding the trends of the city funds and the expected budget for the Department of Public Works. Supt. Gray explained that the first hour free parking cost the city $250,000/year in lost revenues. Discussion followed on the floor regarding possible changes that could be made to increase revenues throughout the City, including increasing sales tax, and eliminating the first hour free parking at parking garages. Further discussion followed on the floor regarding the Board meeting separately to discuss the budgets for the Department of Public Works. The Board agreed to meet after the regular meetings on September 9 and 16, 2009, to review and discuss the budgets in more detail. Appeal of Water Bill for 318-320 W. Seneca Street, Illegal Connection – Discussion This item was not discussed. Trash Facility Agreement with Center Ithaca – Discussion This item was not discussed. Home Depot Traffic Signal – Report This item was not discussed. School Speed Zone on First Street - Recommendation This item was not discussed. ADJOURNMENT On a motion the meeting adjourned at 6:45 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor