HomeMy WebLinkAboutMN-BPW-2009-11-04BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 4:51 p.m. November 4, 2009
PRESENT:
Mayor Peterson
Commissioners (5) – Brock, Jenkins, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
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
GIAC Deputy Director – McBean-Clairborne
Historic Preservation Planner – Chatterton
Building Commissioner – Radke
Assistant Civil Engineer – Yost
Martin Luther King Jr. Freedom Walk Presentation
GIAC Deputy Director Leslyn McBean-Clairborne and Historic Preservation Planner
Leslie Chatterton joined the Board for the presentation of this item.
Historic Preservation Planner Chatterton presented the history of the discussions of the
Martin Luther King Jr. Freedom Walk and Implementation Committees and explained
the tasks that the committees had undertaken since their creation in 2008.
Commissioner Schlather arrived at 4:56 p.m.
GIAC Deputy Director McBean-Clairborne explained ideas the current Implementation
Committee had for the Freedom Walk, including ensuring the walk is rooted in local
history, highlighting local historical events. She further explained options of marking
locations of historical events, types of markers that could be used, budgets, and
whether the walk could become a tourist attraction.
Alderperson Zumoff arrived at 5:01 p.m.
GIAC Deputy Director McBean-Clairborne further explained that the Committee
identified six main locations that would be marked on the Walk: Southside Community
Center, DeWitt Park, former Post Office (now Town Hall), the Commons, the new TCAT
bus shelter on Aurora St., and GIAC. She noted that two “loops” would be created, the
Southside Loop and the Northside Loop, for patrons to walk to marked historical sites.
She explained the Southside Loop would include such locations as the Southside
Community Center, Henry Highland Garnet Lodge, and A.M.E. Zion Church. She
further explained that the Northside Loop would include Calvary Baptist Church, the
Edward Newman House, DeWitt Park, the former Post Office, and GIAC.
Historic Preservation Planner Chatterton stated that Common Council and the Planning
and Development Board would be updated on the committee’s progress and plans as
well. She stated that two public meetings are scheduled for December 5, 2009, from
9:00 to 11:00 a.m. at Southside Community Center, and January 19, 2010, at a location
to be determined. She further explained that the Committee would work with the Public
Arts Commission to hold a design competition for the markers, and permission would
need to be obtained to use each site as part of the trail.
Historic Preservation Planner Chatterton further explained that the Committee would
require funding for the project. She stated that $20,000 was originally set aside in 2008
for the Committee, and $10,000 was left after expenses for the signage for the dual
designation of State Street/Martin Luther King Jr. Street. Planner Chatterton explained
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that the Committee requests approval from the Board. She further stated that funding
sources are being considered, including donations and grants.
Commissioner Schlather thanked GIAC Deputy Director McBean-Clairborne and
Historic Preservation Planner Chatterton for the presentation and noted that it is an
exciting and significant project for the community.
Power to Act – Commons Clock Tower Bid Considerations
Selection of a Sponsor for the Ithaca Commons Clock Tower Repairs, and
Authorization of Appeal for a Variance to, or Exception from, the City Sign
Ordinance – Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, the time and temperature devices located on the three City-owned clock
towers at the entrances to the Ithaca Commons have been inoperable and in need of
repair for a number of years; and
WHEREAS, the estimated cost of the parts needed to repair these devices is $20,000
or more; and
WHEREAS, on October 14, 2009, the Board of Public Works decided to solicit offers of
sponsorship of these needed repairs, from City businesses, in the minimum amount of
$20,000, in exchange for which the selected sponsor would be allowed to post its
business name and logo (within a space 48 inches wide and 9 inches high) on each of
the nine faces of the clock towers, for a period of two years; and
WHEREAS, on October 21, 2009, such a solicitation was mailed to at least 100
businesses in the City and was publicized through local media; and
WHEREAS, one offer of sponsorship, in the amount of $20,000, was received by the
specified deadline (November 2nd), from the Tompkins Trust Company; and
WHEREAS, this solicitation process is presumed to have established that the fair
market value of the opportunity to use a portion of City-owned property in this way, for a
two-year period, is approximately $20,000; and
WHEREAS, after this solicitation was authorized and commenced, the City’s Building
Commissioner determined that the proposed postings of a business name and logo, on
the clock towers, constitute “billboards” as that term is defined in the City’s Sign
Ordinance, a use that is prohibited anywhere in the City without a variance, and that the
exemption from regulation for signs “erected and maintained pursuant to and in
discharge of any governmental function or required by a law, ordinance or governmental
regulation” does not apply to this case; now therefore be it
RESOLVED, That the Board of Public Works appreciates and accepts the offer of
sponsorship of the clock repairs that has been received from the Tompkins Trust
Company, conditioned upon (1) the reversal by the Board of Zoning Appeals of the
Building Commissioner’s determination that the proposed postings constitute
“billboards,” are not exempt per the “governmental function” exception, and therefore
requires a variance, or (2) the granting of a variance by the Board of Zoning Appeals for
the use of the clock towers for the posting of the bank’s name and logo, and (3)
agreement between the City and the sponsor as to the design and exact location of the
sponsorship posting; and be it further
RESOLVED, That the Superintendent is hereby authorized and requested to submit
and pursue on behalf of the Board of Public Works (and with the support and assistance
of Board members, as available), an appeal (or appeals) to the Board of Zoning
Appeals, such that the following question(s) can be addressed by that Board at its
meeting scheduled for December 1, 2009:
(1) Should the determination of the Building Commissioner (memorialized in
an email message from Senior Plan Examiner William Schell, dated
October 26, 2009), that the proposed postings of the sponsor’s name and
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logo on the clock towers constitute “billboards” per the City’s Sign
Ordinance, and are not exempt from the prohibition thereof pursuant to the
“governmental function” exception, be reversed?
and/or
(2) Alternatively, or if the answer to Question 1 is no, should the Board of
Public Works be granted a variance to the Sign Ordinance for the
proposed postings of the sponsor’s name and logo (with the postings to be
prefaced by the phrase “Clocks Sponsored By” or similar phrase and to be
located immediately above the time-and-temperature display boards?
City Attorney Hoffman explained that a solicitation for sponsors of the clock towers was
mailed to downtown businesses regarding the clock towers that described what the City
was interested in, with a response deadline set for November 2, 2009, which resulted in
one response with the minimum bid amount of $20,000. He further explained that Supt.
Gray received notice from the Building Department that the clock towers could be
considered billboards that required a variance from the Board of Zoning Appeals. He
stated that the Board could either challenge the position of the Building Commissioner
or apply for a variance from the Board of Zoning Appeals.
Building Commissioner Phyllis Radke joined the Board for the discussion of this item.
Building Commissioner Radke explained the ways that the clock towers did not comply
with the Sign Ordinance and requested the submission of the permit application as
quickly as possible so she could understand what the Board was requesting.
Extensive discussion followed on the floor regarding the criteria in which the Board of
Zoning Appeals could make their decision for a variance, the definition of a pole sign
versus other freestanding signs, leasing the space to the sponsor rather than selling it,
and the areas of the Sign Ordinance that would need to be appealed to the Board of
Zoning Appeals.
Commissioner Schlather expressed his appreciation for the effort put into this project by
the City Attorney and the Building Commissioner. He further expressed his confusion
between displaying a piece of art that is donated with a sign stating “Donated by” and
this proposal. He further suggested that the two-year time frame for displaying the
sponsor’s sign be adjusted to coincide with the Commons Redesign Project. The Board
agreed to submit a request for a variance from the Board of Zoning Appeals and agreed
that City Attorney Hoffman and Supt. Gray would submit the application.
A Vote on the Resolution Resulted as Follows:
Ayes (5) – Brock, Jenkins, Peterson, Schlather, Wykstra
Nayes (1) – Tripp
Abstentions (0)
Carried (5-1)
Leaking Water Service, 235 Hector Street – Discussion
Steven Williams, property owner, joined the Board for the discussion of this item.
Supt. Gray explained that the lead water service was repaired at 235 Hector Street in
2008, and Mr. Williams objects to the bill he received for the repairs to the lead service
from the house to the street by the City.
Mr. Williams explained that the main water lateral from the house to the curb box had
previously been updated. He expressed his belief that the leak was caused by heavy
truck traffic on the road in front of his house and not from anything to do with his
property. He further stated that the repairs completed in 2008 are now beginning to sink
due to the amount of traffic and heavy trucks and he is afraid the leak will occur again.
He noted that the bill was already paid but that he believes he is entitled to a refund for
the overtime and administrative charges.
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Mayor Peterson left the meeting at 6:05 p.m.
Discussion followed on the floor regarding the replacement of the curb stop prior to Mr.
Williams’ water service repair, the City Ordinance relating to this type of repair, and
overtime/administrative charges.
Supt. Gray explained that the City does not have a history of water or sewer main
breaks tied to traffic density. He further stated that the road should last if it were bedded
correctly after the water main repair. Discussion followed on the floor regarding policy,
possible revisions to the policy, and service repairs. Commissioner Brock expressed
her concern about crews working overtime unnecessarily and requested that personnel
be mindful of their time when working on repairs on private property.
Mr. Williams requested that the street be repaired outside his house so the heavy traffic
would not continue to make his house vibrate. Commissioner Schlather expressed his
support for a resolution waiving the 25% administrative fee from Mr. Williams’ bill. The
Board agreed to include this item on the November 18, 2009, Committee of the Whole
meeting agenda.
Sidewalk Assessments – 2005 Uncontested
Assistant Civil Engineer Lynne Yost joined the Board for the discussion of this item.
Commissioner Brock explained that the uncontested sidewalk assessments from 2005
had been discussed in March 2009 by the Board but had been tabled because it was
unknown whether the property owners had been notified of their assessments. She
further explained that the subcommittee determined that the property owners were
notified of the assessments in 2000 and in 2005. Assistant Civil Engineer Yost noted
that the sidewalk assessments were added to the tax lien of the properties so that if a
tax search was requested due to the sale of the property, the potential buyers would
have knowledge of the assessment prior to the sale of the property.
Discussion followed on the floor regarding the sidewalk assessment processes prior to
2008 and after the process was revised in 2008. Further discussion followed on the
floor regarding the extensive backlog of assessments that have not yet been approved.
The Board requested a resolution regarding sidewalk assessments be placed on the
agenda for the November 18, 2009, voting meeting.
ADMINISTRATIVE COMMUNICATIONS:
Commissioner Schlather expressed his desire to raise additional funds for the Martin
Luther King Jr. Freedom Walk, and requested that the Board of Public Works and
Common Council work to find extra revenue to fund the project.
Water Plant – Next Steps – Discussion
This item was not discussed.
Elimination of One Hour Free Parking and Other Budget Issues
This item was not discussed.
Green Street Garage Exit Sight Distance
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned at 6:41 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor