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