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HomeMy WebLinkAboutMN-BPW-2016-09-12BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:48 p.m. September 12, 2016 PRESENT: Mayor Myrick Commissioners (5) – Darling, Greene, Jenkins, McCormick, Warden OTHERS PRESENT: Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Director of Engineering – Logue Common Council Liaison – Fleming Executive Assistant – Servoss EXCUSED: Commissioner (1) – Goldsmith City Attorney – Lavine Superintendent of Public Works – Thorne Director of Parking – Nagy DAC Liaison – Roberts ADDITIONS OR DELETIONS TO THE AGENDA: Exec. Asst. Servoss requested the addition of a discussion regarding concerns from residents regarding water quality and financial considerations as item 13E. No Board member objected. MAYOR’S COMMUNICATIONS: The Mayor had no communications. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Fay Gougakis, City of Ithaca, addressed the Board regarding noise concerns related to construction on the Commons. She hoped that construction work does not begin before 7:30 a.m. as is stated in the Noise Ordinance. She has heard that the Chainworks/Harold Square project will begin in the spring and is also concerned about the loud noise that concerts cause on the Commons. She stated that the speakers used for some concerts were not meant for downtown areas but for stadiums and sound is being blasted far further than Bank Alley. She further requested that the sandwich boards with the rules of the Commons be returned to the pedestrian mall. Keyne Yuan, 904 East State Street, reported to the Board that he met with Planning Director JoAnne Cornish on September 2, 2016, to explain why all property maintenance tickets that were issued to him in 2015 have been dismissed. They met again on site on September 7, 2016. He stated that two Building Department Inspectors, Bill Epthimiatos and Tony Love, visited his property requested that two bushes be removed; Mr. Yuan removed them. He further stated that City Prosecutor Bob Sarachan had no objection to dismissing all the tickets. Hank Newman, owner of Ithaca Ice Company, inquired about receiving a credit on his water bill due to the recent water issues. He stated that he had to shut down his business for a total of four full days, and over the course of those days, he lost seven tons of ice production. He has a conservative estimate of what it cost him to purchase ice elsewhere and requested that the City reimburse him for supplies and labor to transport ice from other vendors. RESPONSE TO THE PUBLIC Mayor Myrick thanked Mr. Newman for his information and requested that he submit an appeal in writing to the Board. Mr. Newman agreed to e-mail his appeal to Executive Assistant Servoss. Mayor Myrick stated that Fay’s concerns about noise should be taken seriously. He stated he would check to ensure that construction noise on the Commons does not begin before 7:30 a.m. Board of Public Works Page 2 September 12, 2016 Regular Meeting Council Alderperson Fleming asked Mr. Newman if he filtered his water. He responded in the affirmative, and stated that the filters are cleaned regularly, but the filters do not remove all impurities. REPORTS Board Liaisons Commissioner Darling, Planning Board Liaison, provided a report to the Board, noting that special meetings will be held regarding the Chainworks/Harold Square project. He further stated that the Planning Board would begin holding planning meetings on the fifth Tuesdays of the month so the regular monthly meetings do not take up so much time. Superintendent and Staff Asst. Supt. Benjamin reported the following: Repaving of South Plain Street was on schedule and should be completed for Streets Alive! on September 26, 2016. Crews are working on rebuilding handicapped ramps. Work is at a standstill on Dryden Road. NYSEG contractor DDS is not able to move forward due to obstructions in the ground until the rest of the utilities are moved around. Asst. Supt. Whitney reported the following: Since the brown water issues are under control, crews were back to installing water and sewer services, including at 902 Hancock Street, the new INHS development site. Crews have completed water and sewer installation on Dryden Road and installed telecom conduit, which would be rented back to the telecommunications companies. Director of Engineering reported that: The Lake Street Bridge over Fall Creek is now open and the contractors have mobilized to the adjacent park. The Ithaca Urban Renewal Agency has requested that the Engineering Office manage the project of demolishing the house next to the Lake Street Bridge. Tioga Street Reconstruction Project is going well and is on schedule. The Sidewalk Program is making good progress, though a little behind schedule. The City is pursuing a large grant to rebuild a large retaining wall on East State Street, which require a two-year design project with construction in the third year. ADMINISTRATION AND COMMUNICATIONS: Approval of the August 22, 2016, Board of Public Works Meeting Minutes - Resolution By Commissioner Jenkins: Seconded by Commissioner Warden RESOLVED, That the minutes of the August 22, 2016, Board of Public Works meeting be approved as written. Carried Unanimously CREEKS, BRIDGES, AND PARKS: Approval of the Cayuga Waterfront Trail for the Public Art Commission’s Mural and Street Art Program – Resolution By Commissioner Darling: Seconded by Commissioner Greene WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces – buildings, facilities, and infrastructure – and to review development proposals for decorative elements in the city’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved the following City-owned sites for inclusion on the list of potential sites in City of Ithaca Public Art Commission’s Mural and Street Art Program by resolution on May 19, 2010: Walls in the City Garages on Green St. and Seneca St. Retaining Wall along Ithaca Hotel Site (for temporary image) DPW facilities next to the Sciencenter and across the street from Sciencenter Municipal Electrical boxes throughout the City Board of Public Works Page 3 September 12, 2016 Regular Meeting Retaining walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek) WHEREAS, several more sites have been added to the above list by the Board, including, the stairwell at the intersection of South Cayuga Street and West Spencer Street, buildings at Cass Park, the South Albany Street Bridge, and the Dryden Road Parking Garage, and WHEREAS, as a result of these approvals, the PAC has worked with more than 50 artists to install murals on City-owned property throughout the city, and the response to the new murals has been overwhelmingly positive, and WHEREAS, the Ithaca Festival has submitted a proposal for a glow-in-the-dark mural project, titled “Art in Glow,” as part of the PAC’s Mural and Street Art Program to be installed on the surface of a section of the Cayuga Waterfront Trail, and WHEREAS, the Cayuga Waterfront Trail was not included among the sites pre-approved for future murals by the Board of Public Works, and WHEREAS, the PAC will be reviewing the design submitted by the Ithaca Festival at its August 24th meeting but recommended that the Board consider the Cayuga Waterfront Trail as a potential location for this proposal and other mural projects earlier this spring; now, therefore, be it RESOLVED, That the Board of Public Works approves the Cayuga Waterfront Trail for inclusion on the list of potential sites for the PAC’s Mural and Street Art Program; and be it further RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a mutually acceptable public input procedure for engaging nearby businesses, residences, and/or business and neighborhood associations for each specific project, and be it further RESOLVED, That the PAC will work with the City Attorney to ensure that any mural, Request for Proposals, or contract with a participating artist reflects and accommodates the needs and constraints of the City. Carried Unanimously WATER AND SEWER: Appeal of Water Service Bill for 201 Clinton Street – Resolution By Commissioner Darling: Seconded by Commissioner Jenkins WHEREAS, on September 21-22/2015 the Water and Sewer Division of the City of Ithaca DPW replaced the water and sewer services at the request of the Owner of 201 Clinton Street noting to them prior to that the time that there would not be costs associated with street restoration with the resurfacing of Clinton Street being previously scheduled to happen within the month, and WHEREAS, an $800 charge for the street patch was included on the bill, now therefore be it RESOLVED, That the $800 charge for street patch be removed and the total bill be reduced by $800 plus a further reduction of the bill by the portion of interest and penalty attributable to $800 of the bill through August 9, 2016. And, no interest or penalty be applied to the balance from August 9, 2016 to 30-days after BPW resolution regarding account. Adjustment to be applied to City of Ithaca billing (invoice #18705) for the installation of the new water and sewer services in the street. Carried Unanimously DISCUSSION ITEMS: Request from Ithaca Farmer’s Market Mayor Myrick noted that Ithaca Farmer’s Market Manager Aaron Munzer was not present. Commissioner Darling noted that since the Market had been given permission to use Maguire’s property near Steamboat Landing for overflow parking, the issue may have been resolved. Mayor Myrick stated that Market Manager Munzer had been told for the past several months that while the City sympathizes with his issues, he has more of a transportation problem than parking problem. He noted that it was recommended that the Market encourage people to park Board of Public Works Page 4 September 12, 2016 Regular Meeting in other locations and be shuttled to Steamboat Landing, and encourage people to utilize the Cayuga Waterfront Trail to get to the Market. Commissioner Darling expressed irritation with that the Ithaca Farmer’s Market holds a belief that the City owes them free parking. Appeal of Water Service Bill for 510 Utica St. Asst. Supt. Whitney reported that the water line that was replaced was made of lead, and the City replaced the line with copper service. Per City Code, all lead services are the property owner’s responsibility, but once services are exchanged with copper, they are the City’s responsibility. He stated that at the time, the Water Crew Supervisor was not available to explain that the costs would be passed on to the resident, which normally occurs. Ms. Doling was caught by surprise. Commissioner Warden suggested that this was a communication issue due to the emergency nature of the situation. Commissioner Darling noted that this communication issue comes up regularly when this type of situation comes up. A lot of folks do not pay attention until shovels are in the ground. The Board generally agreed with Asst. Supt. Whitney’s recommendation and requested that a resolution be provided for their next meeting. Mayor Myrick further requested that a letter be sent to the property owner explaining what was explained to the Board. Asst. Supt. Whitney agreed. Request to Widen a Driveway Apron at 308 Pleasant Street Mayor Myrick summarized the request and noted Jr. Transportation Eng. Johnson’s recommendation. Donald Edwards, owner of 308 Pleasant Street, joined the Board for the discussion of this topic. Discussion followed on the floor regarding possible diagonal parking, which Mr. Edwards responded would not work, but cars could be parked behind one another. He stated he is requesting three spaces be side by side. He noted that there was room, with the additional curb cut, for three cars across, two deep. Council Alderperson asked about what affect the additional parking area would have on impermeable versus permeable surfaces on the lot. Mr. Edwards responded stated there was grass in the tree lawn, but no grass was behind the house. The additional parking spaces would actually be on the neighbor’s property at 317 South Aurora Street and Mr. Edwards would have an agreement with his neighbor to use the spaces. Discussion followed on the floor regarding issues that may come up with having three cars side by side, the fact that the City typically does not allow a driveway wide enough for three vehicles, the request would need to go through site review, and obtain building and street permits. Commissioner Warden noted that one on-street parking space would be lost with the addition of the requested curb cut, and asked if a new curb cut would cause any issue with stormwater. Asst. Supt. Benjamin responded that block in question did not have much trouble with water. Dir. of Eng. Logue suggested that drawings be submitted for the Board’s review. Mayor Myrick agreed and requested a drawing so the Board could see the effect to the entire block. Commissioner Warden expressed concern that Mr. Edwards’ neighbors would not be happy. Commissioner Darling stated he does not object to this request in principle. Commissioner McCormick expressed interest in exploring Jr. Transportation Eng. Johnson’s alternate suggestion to a 14 foot drive, rather than a 26 foot drive. Board agreed. Request to Rescind Property Maintenance Actions by Department of Public Works at 940 East State Street Building Code Commissioner Mike Niechwiadowicz joined the Board for the discussion of this topic. Mayor Myrick summarized the situation, and explained that the Building Department had requested that Public Works clear the tree lawn and the corner shrubs to bring the property into compliance with the ordinance. Board of Public Works Page 5 September 12, 2016 Regular Meeting Discussion followed on the floor regarding whether the Building Department considered this property to be in compliance with the City’s ordinance and that the violations have been issued by Mr. Love because of his canvassing of the City, not due to any particular person’s persistent complaints. Council Alderperson Fleming noted that about a year ago, she wrote an e-mail to Dir. of Eng. Logue and Building Code Commissioner Niechwiadowicz because she had trouble seeing at that corner. After receiving a response from both, she did not pursue the matter further. She received a notice from Community Dispute Resolution Center (CDRC) last month asking her to participate is a dispute resolution, and responded that she does not have a dispute with the property owner, that she is not the person making the complaints against his property. Jon drove by the corner, and noted that there is a problem. Discussion followed on the floor that the ordinance states a 20’ triangle at each corner of an intersection vegetation must be kept at 24” or below. Commissioner Jenkins noted that when the tree lawn is tall (above 10”) next to on-street parking spaces, people cannot easily exit their vehicles. Planning Director JoAnne Cornish joined the Board for the discussion of this topic, and stated that she drove around the City this past weekend, and if the ordinance was strictly followed, there were many properties that are in violation. It was suggested that the zoning law might need to be changed. Building Code Commissioner Niechwiadowicz noted that the Board of Public Works only has the ability to delay the order for Public Works crews to cut the vegetation back. Mayor Myrick suggested that the Board issue a Stay of Execution for that order to delay the removal of vegetation by the Department of Public Works. Mayor Myrick suggested that, through the board agrees unanimously that the lawn is in violation, the question is whether it should be or not, whether the law should be changed. He requested that Building Code Commissioner Niechwiadowicz and Planning Director Cornish meet with the Department of Public Works to come up with a recommendation on how to move forward. Commissioner Jenkins expressed concern that the sidewalk could be quite dangerous at night when it is very dark with the way the trees and shrubs overhang the sidewalk. Building Code Commissioner Niechwiadowicz stated that Planning Director Cornish and he are in agreement that the tree lawn should be kept at 10” tall. The issue is whether the 20’ triangle of yard at intersections could be allowed to grow taller than the 24” allowable in City Code and coming up with a better regulation might be the way to go. The Board generally agreed to issue a stay of execution to delay Public Works crews from clearing the corner until the issue is reviewed by the Board of Zoning Appeals. It was clarified that the driver of a vehicle, when stopped at the crosswalk, would not be able to clearly see traffic traveling on East State Street, but would have to creep forward toward the travel lane and beyond the stop sign. Concerns from Residents Regarding Water Quality and Financial Considerations Mayor Myrick explained the fact that the water was brown, and residents believe the City should issue refunds or waivers to their water bills because they had to run their water a lot. He noted that he could see some pretty compelling arguments to that request, but the larger cost is waiving the cost of transporting the water. If a bill is waived, the costs have to would be transferred to someone else. Commissioner Warden stated he has been suggesting that residents run their hose to flush the water pipes because the water does not go through the Wastewater Treatment Facility. Commissioner Darling suggested that staff review water consumption bill by bill to determine reductions of bills on a case-by-case basis. Asst. Supt. Whitney noted that a similar situation occurred two years ago when residents had to run their water to keep their pipes from freezing. He stated that each bill was modified to expunge the fees over the normal usage for the same period over the previous five years. The expunged amounts were considered the cost of doing business. He noted that in this case, it would not be a large impact on Water Treatment Plant’s budget. Most of the brown water occurred in the flats, Fall Creek Neighborhood, Titus Flats, downtown, etc. Commissioner Darling expressed agreement with Asst. Supt. Whitney’s suggestion because the system the City uses allows for the review of water usage, and it is a policy that had been Board of Public Works Page 6 September 12, 2016 Regular Meeting used in the past, so it creates consistency. He suggested that a lot of public relations should be done to notify residents to submit expungement requests. Discussion followed on the floor regarding how the City could notify residents, which include printing a notification on future water bills, advertising in the Ithaca Journal. It was further discussed that a deadline to submit requests must be set Commissioner Greene noted that this might be an opportunity to communicate with residents and property owners that there is a lot of infrastructure that is over 100 years old and needs to be replace, that the City is currently on a 300 year replacement cycle, which is double the amount of time that it should be, and that this problem is related to larger issues, including climate change, budgets, etc. Mayor Myrick asked Asst. Supt. Whitney to work with Public Information Officer Julie Conley- Holcomb to send out information regarding submitting requests, and to choose a date for the deadline that requests must be submitted by. ADJOURNMENT: On a motion, the meeting adjourned at 6:20 p.m. Kathrin D. Servoss Svante L. Myrick Executive Assistant Mayor