Loading...
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 Board of Public Works Page 2 November 4, 2009 Committee of the Whole 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 Board of Public Works Page 3 November 4, 2009 Committee of the Whole 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. Board of Public Works Page 4 November 4, 2009 Committee of the Whole 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