HomeMy WebLinkAboutMN-BPW-2009-10-21BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 4:50 p.m. October 21, 2009
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra
OTHERS PRESENT:
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
EXCUSED:
City Attorney - Hoffman
Power to Act - Ithaca City School District Curb Cut Request – Resolution
To Approve a Driveway on North Albany Street at the Beverly J. Martin Elementary
School
By Commissioner Brock: Seconded by Commissioner Wykstra
WHEREAS, the Ithaca City School District(ICSD) (or its agent) applied for a street permit to
create a new driveway apron and curb cut on North Albany Street in July 2008, and
WHEREAS, the City Transportation Engineer, expressing a number of pedestrian and traffic
safety and access control concerns about the proposal, denied the street permit application,
and
WHEREAS, the ICSD has appealed this decision to the Board of Public Works in a letter
dated August 27, 2009 and the City Transportation Engineer submitted a memo to the Board
dated September 13, 2009, and
WHEREAS, the Board of Public Works heard the appeal on October 7, 2009, and
WHEREAS, a field trial of backing a 24 foot delivery truck into the proposed driveway was
conducted on Friday, October 9, 2009 in front of a number of BPW Commissioners, the City
Transportation Engineer, and representatives of ICSD, and
WHEREAS, in considering the options for deliveries at Beverly J. Martin Elementary School
(including the Court Street entrance through the playground, the Buffalo Street driveway to
the dumpsters, loading from the curb on Buffalo Street, loading from the curb on North
Albany Street, and the proposed driveway on North Albany Street) and in balancing the
needs and desires of the school district (including students, parents, faculty, staff, and
visitors), the neighborhood, the traveling public (including pedestrians, bicyclists and
motorists), the Board of Public Works favors a limited access driveway on North Albany
Street, and
WHEREAS, the North Albany Neighborhood Association (NANA), made up of residents of
North Albany Street from Buffalo Street to Court Street, has expressed concerns to both
ICSD and the Board of Public Works regarding noise, usage and safety conditions resulting
from ICSD’s use of the proposed driveway and the NANA has requested a written agreement
from ICSD outlining the conditions of its use of the driveway, and
WHEREAS, Dr. Judith Pastel, ICSD Superintendent, on behalf of the ICSD and its
employees, has stated that the ICSD will agree to conditions for the use of the North Albany
Street driveway, now therefore be it
RESOLVED, that the Board of Public Works hereby directs the Office of the City Engineer to
approve a street permit for a fourteen foot wide driveway to extend from the street to the
school building on North Albany Street in accordance with standard details and requirements
for city driveways subject to the terms and conditions of, and upon receipt of, a written
Board of Public Works Page 2 October 21, 2009
agreement executed by or on behalf of the ICSD, in a form acceptable to the Ithaca City
Attorney that includes the following requirements:
1. Except for an emergency, there will be no deliveries made to the driveway before 7:15
a.m.;
2. Except for an emergency, no overnight parking will be allowed in the driveway, and
parking on the driveway shall be limited to maintenance and delivery vehicles for
active use only;
3. Parking or driving shall be limited to the driveway and not be allowed on the sidewalk
elsewhere;
4. The dimensions of the driveway (14’ wide, extending from the building to North Albany
Street) will not be expanded without the consent of the Board of Public Works upon
prior notice to the property owners of all premises located in the 300 block of North
Albany Street;
5. All delivery and maintenance vehicles shall utilize a driver and assistant, whereby the
assistant will be present on the sidewalk, while the vehicle reverses into and operates
on the driveway, to safely direct traffic and to ensure that the right of way is clear of
pedestrians and vehicles;
6. There will be no idling of vehicle engines at any time;
7. Regular trash pickup, and dumpsters for the school, will never occur at or be relocated
to this driveway or any part of the school premises that are visible from North Albany
Street;
8. All volunteers, services, contractors, sub-contractors and employees retained by or
servicing Beverly J. Martin Elementary School shall be required to abide by the
conditions specified above, and utilize this access in a safe and responsible manner;
9. ICSD will install and maintain aesthetically pleasing bollards or other suitable
physically obstructive system – appropriately designed to blend with the residential
neighborhood – as approved by the Superintendent of Public Works, which shall be
located between the sidewalk and curb, and no more than three feet from the curb, in
the city right-of-way to prevent use of the driveway or apron by unauthorized vehicles
for parking, standing or turning around; and
10. A copy of this agreement shall be filed in the office of the Tompkins County Clerk and
the Ithaca City Clerk.
Alderperson Rosario addressed the Board to restate concerns held by neighborhood
residents. He stated that the current annotated resolution does not incorporate the following
conditions recommended by the residents:
• Limiting frequency of use of curb cut for backing in or out for deliveries to the
minimum scale that was proposed,
• Limiting frequency of use of curb cut for backing in or out for deliveries and service
calls, except for emergencies, to daylight hours to conform to the City’s Noise
Ordinance.
• Curbside deliveries required for morning deliveries prior to 7:30 a.m.
Alderperson Rosario further expressed his concern that use of the curb cut would increase
over time and the resolution does not address limiting that use. He explained that most
residents in the area would have preferred curbside deliveries.
Alderperson Zumoff arrived at 4:57 p.m.
Discussion followed on the floor regarding revocable street permits.
Commissioner Jenkins arrived at 5:02 p.m.
Amending Resolution
By Commissioner Schlather
RESOLVED, That the following clause:
“1. Except for an emergency, there will be no deliveries made to the driveway
before 7:15 am;”
Board of Public Works Page 3 October 21, 2009
be amended to read as follows:
“1. Except for an emergency, there will be no deliveries made to the driveway
before 7:15 a.m. and there will be no deliveries involving the backing of any
vehicle before 7:30 a.m. or after 10:00 p.m.;”
No Action Was Taken on the Proposed Amendment
Commissioner Schlather explained that the one issue not addressed by the resolution
includes beeping vehicles as they back up to make deliveries and allowing deliveries prior to
7:30 a.m. would disrupt the neighborhood.
Discussion followed on the floor regarding daily delivery times, times breakfast is typically
served, and the disturbance of unloading trucks parked on the street rather than backed up to
the school. Commissioner Wykstra expressed his concern for the safety of school district
personnel on the street in the winter.
Further discussion followed on the floor regarding driving on or across the sidewalk, delivery
trucks blocking traffic as they back into the driveway, and ensuring food remains hot or cold
during deliveries. Commissioner Wykstra expressed his appreciation for the cooperation
shown between the parties.
A Vote on the Main Resolution Resulted as Follows:
Ayes (4) Brock, Jenkins, Tripp, Wykstra
Nayes (2) Schlather, Peterson
Abstentions (0)
Carried (4-2)
Power to Act – Appeal of Sidewalk Assessment for 107, 109, 111, 113 Brandon Place –
Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, Dominic Versage, owner of 107 and 109 Brandon Place; Robert Talda, owner of
111 Brandon Place; M. Alan Hays, owner of 113 Brandon Place; received 2008 sidewalk
assessments for sidewalk work completed adjacent to their properties, and
WHEREAS, the owners received sidewalk notices of defect in 2007, and had several
communications with staff regarding their concerns before and after the work, and opted to
have City crews perform the work instead of private contractors, and
WHEREAS, a written assessment appeal to Board of Public Works was filed by Versage and
Talda and dated February 17, 2009 and a letter dated February 23, 2009 was received from
Hays adding his signature to the Versage/Talda appeal which alleged:
• long-term neglect of the street;
• sidewalk damage caused by snowplows and street pavement pressure on the
sidewalk;
• deteriorated street conditions prevented contractors from performing sidewalk work;
• private sidewalk replacement was not possible because sidewalk and curb installation
needed to occur concurrently;
• street construction by the City was not possible without sidewalk removal;
• even if a sidewalk repair could have been done, it wouldn’t have lasted;
• only some residents of Brandon Place received notices of defect;
• patch repair to 107-109 Brandon was ignored;
• there was no indication residents would be assessed costs;
• and Common Council representatives agreed prior to reconstruction that charging only
some residents for sidewalk work was unfair, and
WHEREAS, Dominic Versage spoke to the Board of Public Works regarding Brandon Place
sidewalks at the Public Hearing held on March 4, 2009, and
WHEREAS, a subcommittee of the Board of Public Works has met with staff, and reviewed
information provided by owners, Rick Ferrel, Ray Benjamin and staff regarding the appeal,
now therefore be it
Board of Public Works Page 4 October 21, 2009
RESOLVED, that the Board recognizes that City crews performed the work, and notes:
• sidewalk inspection criteria are consistent throughout the City regardless of street
maintenance operations and frequency;
• sidewalk damage shown in photographs and inspection drawings prior to the work
does not indicate snow plow damage or sidewalk damage caused by street conditions;
• street conditions did not deter sidewalk work;
• sidewalk could have been sawcut and replaced independently from the curb;
• City of Ithaca reserves the choice to remove sidewalk as needed during street work,
and owners are assessed or not for new sidewalk in accordance with established
practice;
• conditions on Brandon Place do not indicate predicted shorter than typical service life
for sidewalk work;
• all residents on Brandon Place with defective sidewalk included in the sidewalk
program databases received sidewalk defect notices;
• patching to 107-109 Brandon Place sidewalk was done without a permit, did not
correct all condemnable conditions and did not meet specifications;
• residents were informed of pending sidewalk costs via sidewalk notices of defect and
during a public meeting held in Dominic Versage’s home and attended by all owners
listed above;
• Board of Public Works is the body charged with sidewalk assessment decisions, and
be it further
RESOLVED, that action to undertake replacement of integral combined curb and sidewalk
work in conjunction with the street reconstruction minimized scheduling and supervision
overhead, and be it further
RESOLVED, that the Board hereby reduces the 25% overhead fee to 12.5% for sidewalk
assessments for 107, 109, 111, 113 Brandon Place resulting in total charges of:
+0% +12.5% +25%
107 Brandon Place $1,194.80 $1,344.15 $1,493.50
109 Brandon Place $2,334.40 $2,626.20 $2,918.00
111 Brandon Place $1,760.90 $1,981.01 $2,201.12
113 Brandon Place $1,249.32 $1,405.49 $1,561.65
106 Dunmore Place $5,470.01 $6,153.76 $6,837.51
Assistant Civil Engineer Yost, Dominic Versage, owner of 107 and 109 Brandon Place, and
Jeanne Kisacky, co-owner of 111 Brandon Place, joined the Board for its discussion of this
item.
Commissioner Wykstra suggested adding 106 Dunmore Place to the resolution. Assistant
Civil Engineer Yost stated that the listed properties received sidewalk assessments, though
more properties were included in the sidewalk and street reconstruction.
Discussion followed on the floor regarding the removal of sidewalk by City crews.
Alderperson Zumoff stated that he had attended the public meeting held in 2008 at Mr.
Versage’s residence. He further stated that the residents were encouraged to wait for City
crews to repair the sidewalks. He expressed his desire to waive the entire 25% overhead fee
for each sidewalk assessment.
Discussion followed on the floor regarding City staff allegedly discouraging property owners
from repairing the sidewalks, the condition of the street at the time of the assessment,
discussion of fees that could be charged to the property owners at the public meeting, and
the width of the sidewalk prior to and after the sidewalk reconstruction.
Mr. Versage stated that there was no discussion of funding of the sidewalks at the public
meeting. He explained that City staff would not commit to whether all properties would be
assessed or charged and that private contractors would not provide quotes or consider
performing the work due to the condition of the street at that time. Ms. Kisacky expressed
her dissatisfaction with the narrow timing window when the Notice of Defect was sent and
when the sidewalks were required to be repaired.
Board of Public Works Page 5 October 21, 2009
Discussion followed on the floor regarding the City’s decision not to charge property owners
for sidewalk repairs due to convenience. Commissioner Schlather expressed his opinion that
construction completed for the convenience of the City should not be passed along to the
property owner.
Further discussion followed on the floor regarding the amounts private contractors were
charging in 2007, the condition of the street, and precedent as it relates to waiving overhead
fees. Extensive discussion followed on the floor regarding billing five property owners, versus
billing the rest of the property owners in the neighborhood that had sidewalk replaced.
Commissioner Tripp expressed her confusion with the sidewalk program and suggested
reducing the assessments by half.
Amending Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the last Resolved be amended as follows:
“RESOLVED, that the Board hereby reduces the 25% overhead fee to 0% for sidewalk
assessments for 107, 109, 111, 113 Brandon Place resulting in total charges of:
+0%
107 Brandon Place $1,194.80
109 Brandon Place $2,334.40
111 Brandon Place $1,760.90
113 Brandon Place $1,249.32
106 Dunmore Place $5,470.01”
A Vote on the Amendment Resulted as Follows:
Ayes (5) Brock, Jenkins, Schlather, Tripp, Wykstra
Nayes (1) Peterson
Abstentions (0)
Carried (5-1)
Commissioner Wykstra expressed his desire to include a note that the Board reserves the
right to waive overhead fees on a discretionary basis. Acting Asst. Supt. Benjamin explained
that private contractors repairing individual sidewalks while City crews are repairing adjacent
streets would not be practical. Commissioner Brock stated that this is a unique case that
cannot be held to precedent. She further explained that property owners are required to
maintain their sidewalks; however, in this case, owners were led to believe that it would be
beneficial to allow City crews to complete the repairs.
Amending Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the second Whereas clause be amended as follows:
“WHEREAS, the owners received sidewalk notices of defect in 2007, and had several
communications with staff regarding their concerns before and after the work, and opted to
have City crews perform the work instead of private contractors, with the encouragement of
the City of Ithaca, and”
A Vote on the Amendment Resulted as Follows:
Ayes (4) Peterson, Jenkins, Schlather, Tripp
Nayes (2) Brock, Wykstra
Abstentions (0)
Carried (4-2)
Amending Resolution
By Commissioner Brock: Seconded by Commissioner Schlather
RESOLVED, That Barbara Lifton and 106 Dunmore Place be added to the first Whereas
clause and the final Resolved clause, to read as follows:
“WHEREAS, Dominic Versage, owner of 107 and 109 Brandon Place; Robert Talda, owner of
111 Brandon Place; M. Alan Hays, owner of 113 Brandon Place; Barbara Lifton, owner of 106
Board of Public Works Page 6 October 21, 2009
Dunmore Place; received 2008 sidewalk assessments for sidewalk work completed adjacent
to their properties, and”
“RESOLVED, that the Board hereby reduces the 25% overhead fee to 0% for sidewalk
assessments for 107, 109, 111, 113 Brandon Place and 106 Dunmore Place resulting in total
charges of:
+0%
107 Brandon Place $1,194.80
109 Brandon Place $2,334.40
111 Brandon Place $1,760.90
113 Brandon Place $1,249.32
106 Dunmore Place $5,470.01”
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
A Vote on the Main Resolution as Amended Resulted as Follows:
Ayes (5) Brock, Jenkins, Schlather, Tripp, Wykstra
Nayes (1) Peterson
Abstentions (0)
Carried (5-1)
Power to Act - Appeal of Water Bill for 318-320 W. Seneca Street – Resolution
By Commissioner Wykstra: Seconded by Commissioner Tripp
WHEREAS, a number of violations of the City’s Water and Sewer Regulations were
discovered on September 10, 2008, related to the installation of an illegal bypass of the City’s
water meter installation for 318-320 West Seneca Street, resulting in a directive to the
property owner to correct the violations, as well as a bill for estimated lost revenues in the
amount of $3,293.44, and
WHEREAS, Peter Penniman, representing the owners, approached the Board of Public
Works stating that he thought the use of water at this property had changed at this property,
making the City’s calculations of lost revenues inaccurate and suggesting that the $600
deposit paid for the $3,293.44 billing appeared reasonable to cover any lost revenues, and
WHEREAS, as a result of a meeting between Mr. Penniman and Superintendent Gray on
October 13, 2009, to review the information, Superintendent Gray agreed to adjust the
calculation of lost revenues to account for minimum billings paid on the accounts but did not
agree to any adjustments for changed water use patterns at this address because the current
year’s use pattern of 141 HCF (one hundred cubic feet of water) compares well to the three
years prior to the apparent illegal bypass, which were 140 HCF in 2003, 127 HCF in 2004,
and 144 HCF in 2005, now therefore be it
RESOLVED, That the Board of Public Works accepts the Superintendent’s recalculations of
estimated lost revenues, previously provided to the property owners in Assistant
Superintendent Whitney’s letter of October 8, 2008, now totaling $2,881.76, wherein they
were given credit for minimum billing where applicable and the quarterly billings were shifted
by one quarter to match the Chamberlain’s Office records for “quarter ending” consumption
figures, and be it further
RESOLVED, That a new bill be forwarded to the property owners with a due date 30 days
after the date of the bill, which reflects the difference between the $2,881.76 estimate and the
$600 deposit, with any other adjustment the Chamberlain may require based on the current
state of the account for 318-320 West Seneca Street.
Commissioner Schlather recused himself from discussion of this item.
Supt. Gray explained that the water bill was reduced to reflect minimum billing amounts, as
agreed upon by Mr. Peter Penniman, property manager for PPM Homes. He stated that Mr.
Penniman believed water patterns had changed considerably since the meters were
changed. Supt. Gray further explained that the water usage statistics have been consistent
for three years prior to the illegal connection and after the connections were corrected.
Board of Public Works Page 7 October 21, 2009
Discussion followed on the floor regarding the rationale for reaching the water and sewer
rates, and water usage over the past three years.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Leaking Water Service, 235 Hector Street – Discussion
Supt. Gray explained that the owner is protesting the bill that he received when the water
service was replaced in 2008. The Board requested that this item be added to the
Committee of the Whole meeting on November 4, 2009, and the owner be re-notified of the
Board’s discussion.
Water Plant – Next Steps – Discussion
Supt. Gray explained that questions have arisen regarding hydro-electric generation, the
layout of the plant, an extension of the contract, and the dam inspection currently taking
place. The Board agreed to reschedule this item for discussion.
Administrative Communications
Alderperson Zumoff noted that two issues may be brought before the Board in the near
future:
1. whether the City should charge for recycling leaf debris; and
2. the possibility of $200,000 in increased revenue from eliminating the first hour free
parking.
Mayor Peterson expressed her desire that the parking discussion occur immediately.
Commissioner Schlather expressed his desire to take part in the parking rates subcommittee
discussions.
ADJOURNMENT
On a motion the meeting adjourned at 6:23 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor