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HomeMy WebLinkAbout07-27-11 Board of Public Works MeetingAgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Wednesday, July 27, 2011, at 4:45 p.m. in Common Council Chambers – Third Floor, City Hall, 108 East Green Street, Ithaca, New York. AGENDA 1. Additions or Deletions to Agenda (Items 1-5: 15 min.) 2. Mayor’s Communications 2.1 Public Works Governance Working Group Report Out 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 7. Administration and Communications (10 min.) 7.1 Budget Discussion/Update 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit (15 min.) A. Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) – Resolution 8.2 Highways, Streets and Sidewalks (20 min.) A. Protest of Sidewalk Snow Removal Bill for 505-15 Third Street (Aldi) – Resolution B. New Sidewalk at Baker Park and 805 South Plain Street – Resolution C. Declaration of Lead Agency Status for the Environmental Review of the Route 13 Pedestrian Crossings at Third Street and Dey Street – Resolution 8.3 Parking and Traffic 8.4 Creeks, Bridges and Parks 8.5 Water and Sewer 9. DISCUSSION ITEMS (60 min.) 9.1 Proposed Fall Creek Stream Corridor Project – Possible Resolution 9.2 Bicycle Boulevards/Neighborhood Greenways 9.3 Vendor Sales of Trash Tags 2 Board of Public Works Meeting Agenda July 27, 2011 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607-274-6570 at least 48 hours before the meeting. The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. 3 Board of Public Works Meeting Agenda July 27, 2011 Notes for BPW Agenda, July 27, 2011 7.1 Budget Discussion/Update I have asked Erik and Ray to provide you a very brief overview of their budget submittals which make up the two parts of the department's budget. It is probably obvious to anyone that a budget assembled in one months time that looks to cut 7% from the operating funds, may meet the dollar objective but won't be sustainable (repeatable over time). It is natural to delay purchases for items like new equipment, to eliminate seasonal labor, or reduce overtime, but delaying is not eliminating, and eliminating things that are needed to do your work are not effective cuts. We will have to work hard over the next two years to reshape Public Works if the budget cuts are adopted by council in 2012 and made permanent over the next several budgets. 8.1A Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) – Resolution Aerial photos of the houses and properties are part of the June 22nd agenda package. I have reviewed tax assessments for adjacent properties in an effort to recommend a number for Provision 1. in the draft resolution. The property values are between $7.10 to $7.20 per square foot for the properties directly across the street (140 to 144 East Spencer) using 2010 tax data. The 100 square feet would be $700 for the permanent easement. The temporary easement would have some value, but so does the attorney, board and staff time. I would recommend a number of $2,000 as not being unreasonable for the easement requested. The small land area makes the overhead costs the real consideration in granting the easement. In addition, I would recommend a modification of provision #13 to include the removal of in-ground foundation elements, but not the 300’ of perforated pipe installed under this proposal. 8.2A Protest of Sidewalk Snow Removal Bill for 505-15 Third Street (Aldi) – Resolution The resolution seems to capture the board's discussion. 8.2B New Sidewalk at Baker Park and 805 South Plain Street – Resolution The resolution here addresses only one property because only one private property is involved, while the remainder of the sidewalk boarders the park itself. In similar instances the Chamberlain's office has a practice of allowing property owners to spread the expense over several years by use of an installment payment plan. 8.2C Declaration of Lead Agency Status for the Environmental Review of the Route 13 Pedestrian Crossings at Third Street and Dey Street – Resolution The Pedestrian crossings of Route 13 at Dey and Third Streets have been in the works for years and are finally almost ready to be constructed. The last major hurdles are to gain permission to cross the railroad, obtain final design approval, and then proceed to obtain the necessary private property easements or property transfers to match the design.The next step, for the Board, along this path is the environmental review. 4 9.1 Proposed Fall Creek Stream Corridor Project – Proposed Resolution We have received a draft resolution for the County's proposed stream plantings along Fall Creek on the west side of Cayuga Street, adjacent to the north bridge abutment. It is in the Attorney's office. The County (Scott Doyle) has requested that we pass a resolution on the 20th or 27th of July. If it is ready for the meeting on the 20th we will distribute it then. The attorney's office has some corrections to the county's submitted paperwork. If this is straightened out then I expect the attorney will recommend a final version of the resolution. The draft material submitted by Scott Doyle is in the agenda package for July 20, 2011. 9.2 Bicycle Boulevards/Neighborhood Greenways Attached is Tim Logue's memo for promoting bicycle usage in the city. I can't tell you how we would implement any ideas at this point of developing our budget projections for the next few years, but I can assure you that if you don't have a plan to work from many opportunities will be lost over the next ten to twenty years. I feel we are now making progress on the bicycle plans from twenty years ago. This seems like a chance to update our approach going forward. 9.3 Vendor Sales of Trash Tags Item 9.3 We would like to reivew and update our vendor program for trash tags. Please see Dera Parson's memo. William J. Gray, P.E. Superintendent of Public Works July 22, 2011 5 8.1A Recommended Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) – Proposed Resolution As revised by City Attorney (7/20/11); incorporates suggested changes by EPT and by Supt, and requirement for Council approval of any permanent easement. WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above- referenced parcel, in the southerly portion thereof; and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and/or solvents from the former Morse Chain and National Cash Register facilities, and the Therm, Inc., facility, all of which are located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and/or vapors remain in the surrounding soil; and WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to allow vapors to enter a passive-ventilation system along a 300-foot-long section of said sewer main, via a new, perforated pipe to be installed parallel to the old sewer main, and to be vented through a 25-foot-tall stack to be located on the above-referenced City-owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack (including protective bollards); and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, the Board has received and considered written comments on this request from the City’s Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above-referenced parcel is currently developed with a small, gravel-based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and 6 WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City-owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; and WHEREAS, Chapter 170 (“Use of City Real Property”) of the City Code stipulates that “the authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council’s approval; now therefore be it RESOLVED, That the Board of Public Works hereby determines that the use of the subject City-owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefor, will serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future; and be it further RESOLVED, That, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, and b. the City’s having legal authority to revoke any rights of a third party to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Board of Public Works hereby endorses the request from EPT for temporary and permanent easements across the City-owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and recommends to the Common Council that the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, be authorized to execute an easement instrument that includes standard City provisions, as well as the following: 1. Consideration to be paid by EPT to the City in the amount of at least $_______; 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed approximately 100 square feet, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 7 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Functionality of the passive-ventilation system will not be altered without City consent; 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. EPT to provide City with timely copies of any performance reports EPT is required by NYSDEC to file, regarding the passive-ventilation system; 10. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 11. To maintain easement, EPT must submit to City, on or by every 10-year anniversary of the execution of this easement, a summary report of system performance and statement of continuing need. Failure to submit such report/statement within 6 months of said anniversary shall constitute grounds for revocation of the easement by the City; 12. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it; and 13. Upon termination of the easement for any reason, EPT shall be responsible, at its sole cost, for removal of vent stack, in-ground foundation elements but not the 300’ perforated pipe, any other above- ground elements of the passive-ventilation system, and for restoration of the affected area. 8 8.2A Protest of Sidewalk Snow Removal Bill for 505-15 Third Street (Aldi) – Resolution WHEREAS, the Board of Public Works has received an appeal of the invoices for sidewalk snow removal at 505-15 Third Street, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, it appears that the adjacent property owner failed to timely remove snow as required by City ordinance, now therefore be it RESOLVED, That the Board denies the appeal for the expungement of the bill for snow removal, and be it further RESOLVED, That the Board directs staff to notify the adjacent property owner of this resolution and give the adjacent property owner two weeks from the date of notification in order to pay the fees before penalties are accrued. 9 8.2B Resolution to Direct Sidewalk Construction at 805 South Plain Street with the Intent to Assess a Portion of the Cost through the Uniform Sidewalk Improvement WHEREAS, the Board of Public Works has received recommendation from the Transportation Engineer to direct sidewalk construction along South Plain Street in Baker Park and in front of 805 South Plain Street, and WHEREAS, the Board of Public Works has received a plan and a cost estimate for the project, and WHEREAS, on June 22, 2011, the Board held a duly advertised public hearing in accordance with Section C-73 of the City Charter, and WHEREAS, costs associated with this project can be apportioned to the abutting property owner under the Uniform Sidewalk Improvement policy in accordance with Sections C-73 and C-89 of the City Charter, now therefore be it RESOLVED, that the Board of Public Works hereby approves and adopts the plan prepared by the Office of the City Engineer and the standard specifications for sidewalk in front of 805 South Plain Street, and be it further RESOLVED, that the Board of Public Works directs that sidewalks be constructed by City forces in front of 805 South Plain Street in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works. 10 8.2C Declaration of Lead Agency Status for the Environmental Review of the Route 13 Pedestrian Crossings at Third Street and Dey Street – Resolution WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 of the City Code, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, SEQR and CEQR both provide for an uncoordinated review for “Unlisted” projects that involve more than one agency, and WHEREAS, the proposed construction of the Route 13 Pedestrian Crossings at Third Street and Dey Street is a “Unlisted” action under SEQR and is an “Unlisted” action under CEQR; now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare itself lead agency for the environmental review of the proposed construction of the Route 13 Pedestrian Crossings at Third Street and Dey Street. 11 Environmental Review for the Route 13 Pedestrian Crossings at Third Street and Dey Street Project WHEREAS, the Board of Public Works has declared itself to be the lead agency for the environmental review for a project (“the Project”) entitled “Route 13 Pedestrian Crossings of Third Street and Dey Street” in accordance with Section 176 of the Ithaca City Code (CEQR) and in accordance with Article 8 of the New York State Environmental Conservation Law (SEQR), and WHEREAS, the Project contains two pedestrian connections across NYS Route 13 from residential neighborhoods in the City to the Farmers Market and Cayuga Waterfront Trail; one connection begins with improving the pedestrian road crossings along Third Street at the Franklin Street and Route 13 intersections followed by a 1,270-foot long shared-use path and sidewalk along Third Street, terminating at the Farmers Market trailhead for the waterfront trail; the other connection begins with improving the pedestrian crossings at the NYS Route 13 and Dey St/Willow Ave intersection followed by a 220-foot long shared-use path along Willow Avenue, terminating at the Cayuga Waterfront Trail along Willow Ave., and WHEREAS, the Project is an Unlisted action according to CEQR and an Unlisted Action according to SEQR, and WHEREAS, a Short Environmental Assessment form was prepared by staff for CEQR and for SEQR, and WHEREAS, on July ____, 2011, the Board of Public Works declared itself lead agency for an uncoordinated environmental review for CEQR/SEQR, and WHEREAS, the Conservation Advisory Council has received a copy of the CEQR/SEQR short forms and a set of plans for the project, and WHEREAS, the Board of Public Works, acting as lead agency, has, on July ____, 2011, reviewed and accepted as complete Short Environmental Assessment Forms Part I and Part II prepared by staff, and Project plans prepared on behalf of the City by Fisher Associates, and other project materials, now therefore be it RESOLVED, That the Board of Public Works determines that the project for Route 13 Pedestrian Crossings at Third Street and Dey Street located in the City of Ithaca will result in no significant negative environmental impact and that a Negative Declaration for purposes of Article 8 of the NYS Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act and that a Negative Declaration for purposes of Section 176 of the City Code be filed in accordance with the City Environmental Quality Review Ordinance.