HomeMy WebLinkAboutMN-BPW-2015-11-09BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:49 p.m. November 9, 2015
PRESENT:
Vice-Chair - Jenkins
Commissioners (4) – Darling, Goldsmith, Greene, Warden
OTHERS PRESENT:
City Attorney – Lavine
Superintendent of Public Works – Thorne
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Director of Engineering – West
Director of Parking – Nagy
Common Council Liaison – Fleming
Executive Assistant – Servoss
EXCUSED:
Mayor Myrick
DAC Liaison – Roberts
ADDITIONS OR DELETIONS TO THE AGENDA:
Supt. Thorne requested the addition of Item 13D, “Request for an Encroachment from the
Sciencenter,” and a discussion item under New Business regarding “Asbestos in City Hall.”
No Board member objected.
He noted that additional information was distributed about street vending locations, information
from New Roots Charter School about the Cayuga Wetlands Restoration Project, and a letter
from Kerman Glaser.
MAYOR’S COMMUNICATIONS:
Mayor was not present.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Kerman Glaser, 818 North Cayuga Street, addressed the Board regarding the following letter
that he sent encouraging the Board to remove the bike lane on the west side of North Cayuga
Street. He further expressed interest in obtaining the true value of his house now that parking
was removed on the west side of the street.
818 North Cayuga Street
Ithaca, NY 14850-3612
November 2, 2015
Board of Public Works
City of Ithaca
My name is Kerman Glaser and I own the house at 818 N. Cayuga Street. Recently I moved in
with my daughter in Lansing. This is a permanent move.
We have decided to sell the Ithaca house. My selling price would be determined by the facts that
the house is in good condition with a full attic and cellar and that Fall Creek is a very desirable
location. However, I now realize a very major problem in the selling transaction. The bike lane
has reduced the value of all the houses on the west side of north Cayuga street by thousands of
dollars. If I had a buyer that initially agreed to my selling price but then noticed the bike lane
which would prevent him and his wife from parking their cars in front of the house, he would
either withdraw from the transaction or demand that I reduce the price by thousands of dollars.
This is a gross injustice by the city to the tax paying home owners. It is morally wrong. A bike
lane should never be put directly in front of a family house.
Therefore, I urge you to remove this bike lane immediately.
Board of Public Works Page 2 October 5, 2015
Regular Meeting
Sincerely,
Kerman Norbert Glaser
Commissioners Darling and Warden arrived at 4:52 p.m. and 4:55 p.m. respectively.
Gregor Brouse, owner of Collegetown Bagels, addressed the Board to state he was not in
support of allowing food trucks closer to restaurants. He stated that food trucks do not have to
pay property taxes, and it was difficult to travel through the streets in Collegetown when food
trucks were set up. He expressed concern that mobile vendors are not held accountable for
paying sales tax, worker’s compensation insurance, and payroll taxes.
Nathan Lyman, 1322 E. State St. and representative of Ithaca Renting, owner of 418-420 Eddy
Street, addressed the Board to express concern about the food truck location on Eddy Street
at Dryden Road. He stated that Mr. Sangam, owner of Sangam Indian Restaurant, has stated
his income has decreased by 30% since the food trucks have started vending. Mr. Lyman
further noted that the food trucks, which should not begin vending until 10:00 p.m., have
arrived at 9:00 p.m. and begun selling food prior to the allowed vending time.
RESPONSE TO THE PUBLIC
Supt. Thorne responded to Mr. Brouse that staff was not recommending any changes. A
request was submitted for discussion only.
Commissioner Warden requested further details about the traffic concerns. Mr. Brouse
responded that sight was obstructed for vehicles on Dryden Road at Eddy Street, and propane
heaters were being placed on the sidewalk causing pedestrians to walk into the street.
Dir. of Eng. West explained that the Department of Public Works issued the permits for the use
of parking spaces. All other requirements for permits were handled by other agencies, such as
New York State Department of Taxation for sales tax, Tompkins County Health Department for
permits to sell food, Fire Department for propane compliance, etc. He further noted that if
there are issues regarding the mobile food trucks, complaints should be submitted to the
Ithaca Police Department. He did not believe the location across from restaurants was a good
location for food trucks.
Alderperson Fleming expressed her appreciation that the owners of Ithaca Renting cared
about property values in Ithaca and maintaining a vibrant commercial landscape.
REPORTS
Council Liaison
Alderperson Fleming reported that she was collecting a list of woes (i.e. potholes, speeding,
missing crosswalks, etc.) from residents in her ward. She has received a large list and would
collate a coherent list for staff and hoped it would be helpful to see how constituents perceive
their level of the work and the City’s understanding of priorities.
Superintendent and Staff
Supt. Thorne reported that DPW was planning to meet informally with members of Common
Council to discuss the draft work plan for 2016. He was hoping to mesh the draft work plan
with the big complaint items in the City. He thanked Alderperson Fleming for her effort to
compile a list of complaints. Parks Commission has received questions about boat storage in
the parks. The Water Resources Committee has compiled a list of proposed boat storage
locations, which would be presented to Parks Commission then brought to the Board of Public
Works and Common Council. He was hopeful that storage facilities could be installed in 2016.
Dir. of Eng. West reported that the Stewart Park Roof Project was going well, noting that the
deck was in good condition. An evaluation of the buildings in Stewart Park was underway to
better understand how the buildings were being used. He further reported that a structural
evaluation was scheduled to begin today on the Green Street Garage.
Asst. Supt. Benjamin reported that the construction season was winding down since the local
asphalt plant closed on October 30, 2015, for the winter. He noted that two trucks broke down
on their way back from the Cortland asphalt plant due to their age. Crews were completing as
much patching done as they could during the nicer weather.
Board of Public Works Page 3 October 5, 2015
Regular Meeting
Asst. Supt. Whitney reported that crews worked last week with Norfolk Southern Railroad to
replace the water main on the Cecil A. Malone Bridge under the tracks. He noted that to date
there were 31 water main breaks.
Dir. of Parking Nagy reported that collections and parking transactions in October 2015 had
increased by 21% over October 2014.
Commissioner Goldsmith asked for an occupancy report or chart to show how the city was
facilitating the use of the parking garages. He further expressed concern about the state of the
department’s fleet, and asked how the city was handling the breakdowns. Asst. Supt.
Benjamin responded that due to recent budget cuts on the department, the vehicles were not
being replaced when they should and were wearing out. Commissioner Goldsmith stated the
Supt. should provide a list of costs that were put off for the future, showing how much the city
was saving or how much more the city might have to pay.
Alderperson Fleming responded that Common Council heard from all Department Heads about
the old, antiquated equipment the City owns, and how staff wasted time waiting for new
equipment in order to repair the vehicles and buildings they had. Council did fund some new
equipment for Water and Sewer Division, but she believes raising the tax rate would be
politically unpopular.
Supt. Thorne noted that staff was inventorying everything the City had along with utilizing asset
management software. He expressed concern that the City was heading for disaster, but at
least staff would be able to quantify what they had.
NEW PROJECT PRESENTATION:
2015 Accomplishments & 2016 Draft Work Plan
Supt. Thorne explained that some work listed on the 2015 work plan had to be postponed, with
other work had to be added. He noted the draft 2016 work plan, explaining he was working
with Common Council so the list for 2016 may be rearranged according to priorities.
Discussion followed on the floor regarding applying for NYSERDA Grants to assist with some
necessary work, sharing the City’s fueling station with other municipalities, and the timeline for
the projects on the draft work plan.
ADMINISTRATION AND COMMUNICATIONS:
Approval of the November 10, 2014 and December 8, 2014, Board of Public Works
Meeting Minutes - Resolution
By Commissioner Darling: Seconded by Commissioner Warden
RESOLVED, That the minutes of the November 10, 2014 and December 8, 2014 Board of
Public Works meeting be approved as proposed.
Carried Unanimously
HIGHWAYS, STREETS AND SIDEWALKS:
Proposed Resolution – CEQR – Negative Declaration of Environmental Significance for
purposes of the Environmental Review of the Discontinuance of Northern Portion of
Lake Avenue and Eastern Portion of Adams Street
By Commissioner Warden: Seconded by Commissioner Darling
WHEREAS, the City of Ithaca is considering a proposal to discontinue the northern section of
Lake Avenue and eastern section of Adams Street, and
WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams Street,
which collectively are referred to as the “Street Parcels” and are more particularly described as
follows:
That portion of Lake Avenue commencing at the western corner of Lake Avenue and
Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest
to meet the eastern corner of Lake Ave and Adams Street, then 173 feet to the
southwest to meet the eastern curb face line of Alice Miller Way, then southeast
approximately 73 feet, then northeast approximately 167.5 feet, and then southeast
approximately 327 feet to the beginning, and
WHEREAS, this proposal is being considered pursuant to an agreement executed between
Ithaca Neighborhood Housing Services (“INHS”) and the City on September 4, 2015 which
Board of Public Works Page 4 October 5, 2015
Regular Meeting
was entered into as part of INHS’ proposal to redevelop the 210 Hancock Street site to a
mixed-use housing project (the “Project”), and
WHEREAS, if the above-described Street Parcels are discontinued, they will be used for green
space, pedestrian and bicycle space, and a public use playground, in accordance with the
approved Site Plan dated August 25, 2015 and the above referenced agreement between the
City and INHS, and
WHEREAS, for purposes of evaluating the environmental significance of the Project, the City
Planning and Development Board declared itself lead agency and the Project was thoroughly
evaluated as part of a comprehensive coordinated environmental review conducted by the
Planning Board; and
WHEREAS, as Lead Agency, on May 26, 2015, the Planning Board issued for its
determination of significance, a negative declaration, finding that the Project, a Type I action,
would not have any significant adverse environmental impacts; and
WHEREAS, the May 26, 2015 negative declaration was made after reviewing the plans for use
of the Street Parcels, but the potential impacts of discontinuing the Street Parcels were not
specifically examined, and
WHEREAS, on October 26, 2015, the Board of Public Works declared itself Lead Agency for
the environmental review of the Street Parcels’ discontinuance, and therefore, be it
RESOLVED, That the Board of Public Works agrees that the Project is a Type I action; and
RESOLVED, After careful review of Parts 1, 2 and 3 of the Full Environmental Assessment
Form dated May 4, 2015 and the Planning Board’s SEQR record, the BPW agrees with the
Planning Board’s determination relative to SEQRA – specifically, that the Project including
discontinuance of the Street Parcels will not have any adverse environmental impacts and that
a negative declaration is appropriate; and be it further
RESOLVED, That the Board of Public Works independently, and for purposes of specifically
assessing the environmental impact of the discontinuance of the Street Parcels, adopts the
findings contained in the May 26, 2015 negative declaration issued by the Planning Board and
attached hereto; and
RESOLVED, That this adoption of the May 26, 2015 Negative Declaration be filed in
accordance with the provisions of Part 617 of the State Environmental Quality Review Act.
City Attorney Lavine stated that it was a lengthy process to discontinue a portion of Lake
Avenue and Adams Street, and the resolution stated that the Planning and Economic
Development Board was correct with their environmental review of the properties.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Public Hearing Regarding the Discontinuance of Northern Portion of Lake Avenue and
Eastern Portion of Adams Street.
Resolution to Open Public Hearing
By Commissioner Daring: Seconded by Commissioner Goldsmith
RESOLVED, That the public hearing regarding the discontinuance of northern portion of Lake
Avenue and eastern portion of Adams Street be declared open.
Carried Unanimously
No members of the public were present for this topic.
Resolution to Close Public Hearing
By Commissioner Darling: Seconded by Commissioner Goldsmith
RESOLVED, , That the public hearing regarding the discontinuance of northern portion of Lake
Avenue and eastern portion of Adams Street be declared closed.
Carried Unanimously
Board of Public Works Page 5 October 5, 2015
Regular Meeting
DISCUSSION ITEMS:
Appeal of Water Bill for 113 Dryden Road
Asst. Supt. Whitney explained that in 2008, the water meters were switched to a radio read
system, which required programming. The meter at this location had been reading at 1/10th of
the actual usage since the meter was replaced in 2008. In 2015, the discrepancy was found
when a new meter was installed.
Discussion followed on the floor regarding whether the property owners noticed the
discrepancies, such as low or high readings, over the years. It was noted that 6,648 units
were billed in 2004, compared to 767 units in 2010 and 223 units in 2013. Commissioner
Goldsmith requested a chart showing quarterly water usage for this property going back before
the meter was replaced in 2008.
Nathan Lyman, representative for the property owners, joined the Board for the discussion of
this topic, explaining the appeal he submitted. He noted that he had requested additional
information from City staff that Mr. Lyman felt he was not provided, though the Water Division
had provided meter reading information.
Extensive discussion followed on the floor regarding the appeal, and the City providing
additional detailed information. Mr. Lyman agreed to meet with Asst. Supt. Whitney, Supt.
Thorne and Commissioner Warden to discuss the appeal more in depth.
Alderperson Fleming left the meeting at 5:54 p.m.
Request to Use a Portion of Stewart Park for a Cayuga Wetlands Restoration Project
Dave Stribe, Science teacher at New Roots Charter School, and students George Scholl,
Donna White, and Sam Greenhouse, joined the Board for the discussion of this topic.
Mr. Stribe stated that the request was discussed by the Parks Commission, which approved
the request. He explained the request as two phases. The first phase would include
measurements and collecting data from the southern end of Stewart Park. No numerical data
was available for the southern end on phosphorous levels, chemical oxygen demands, total
solids and dissolved oxygen to establish knowledge on quantitative data for the southern end
of the park. The second phase would be to plant cattail in a 50’x50’ plot east of the Cascadilla
Boathouse. There was evidence that cattail can metabolize contaminants in water, so a lab
investigation would be performed to determine what effect one cattail might have on a certain
volume of water, then increase the number of cattail. Community Science Institute would
collect the data on the phosphorous and chemical oxygen demand, and the students would
complete the rest of the testing.
Mr. Greenhouse explained that prior to inhabitation, the area was mainly wetlands which
included cattail which metabolized the waste produced by the few inhabitants in the area. The
New Roots mission statement was to create a just and sustainable future. It was the
responsibility of the people to take care of the lake for the future.
Mr. Scholl stated that there was scientific proof that the marsh system could be used as a
waste treatment center for thousands of people. Hopefully this experiment could produce
similar results at the southern end of Cayuga Lake.
Ms. White stated that a community project called Capstones was performed in New Roots.
The project was to show how students excelled in high school and how much students could
influence their community. She stated that experts would be invited to create an
environmental committee to repair the southern end of Cayuga Lake.
Mr. Stribe summarized the proposal and the timeline for the project, noting that data would be
collected this year and cattail would be planted in the spring. He stated that the whole school
would be involved in different portions of the project, including statistics students, biology
students, and other science classes.
Supt. Thorne expressed support for the project. Discussion followed on the floor regarding the
exact location of the cattail plot, staying away from any Hydrilla that might be present, creating
a site map, and working with NYSDEC and staff at the Water Treatment Plant.
The Board generally agreed to allow New Roots students to begin testing before the winter
season. They further requested that they be informed of progress of the testing.
Board of Public Works Page 6 October 5, 2015
Regular Meeting
Request for Encroachment from the Sciencenter
Tim Scott, Sciencenter Deputy Director, joined the Board for the discussion of this topic and
explained their capital campaign, which included their request for an encroachment of 68
square feet onto city-owned property adjacent to their property in order to create a dedicated
outdoor play space for children under four years old.
Discussion followed on the floor regarding the exact size of the play space, the size of the
encroachment, using limestone block to build the space up to grade, surrounding the play
space with semi-private fencing, and how to maximize the space.
The Board generally agreed to approve the license agreement for the use of city property, and
requested a resolution for their next meeting.
Street Vending Policy Discussion
Supt. Thorne explained that the fee for on-street parking had recently been increased to $1.50
per hour. The mobile vending permit fee was based on the on-street parking rate, and since
the rate was increased, the permit fee should be increased to reflect the new rate.
He further explained there have been a number of requests to put more food trucks in
Collegetown. He stated that there was very limited space in Collegetown, and there was a lot
of resistance from brick and mortar restaurants when the policy was put together from having
food trucks too close to their establishments, which resulted in the 200 foot limit.
Dir. of Eng. West reminded the Board that a vendor had approached them asking for relief
from the distance requirement. The mobile vending rules, as they are written, would allow for
the Board to give a variance if vendors received permission from the nearest restaurants.
Discussion followed on the floor regarding food trucks that are allowed to operate within 200
feet from a restaurant during late night hours only. Commissioner Darling explained that
vendors should not begin vending until 10:00 p.m. at the Eddy Street at Dryden Road vending
location, though they were permitted to begin setting up at 9:00 p.m. Discussion followed on
the floor regarding enforcement of vending violations.
The Board agreed to approve the vending permit rate increase, including updating the policy to
state rates would change as on-street parking rates are changed. Discussion followed on the
floor regarding the existing permits would be required to pay the increased rates at the
beginning of the next annual permit, not necessarily at the next quarterly payment.
Exec. Asst. Servoss explained the request from a food truck owner to move his vending
location north on College Avenue from the 200 block to the 300 block. She stated that a
request was mailed to the owner of The Nines restaurant because the requested location was
144 feet from the door of The Nines. The owner of The Nines responded today, stating he was
against the food truck moving closer to his business.
Discussion followed on the floor regarding the proposal of changing the buffer for food trucks
from restaurants from 200 feet to 50 feet and the proposed new food truck locations on
College Avenue and Oak Avenue. Commissioner Goldsmith stated he was not in favor of that
proposal. Commissioner Warden agreed.
Further discussion followed on the floor regarding the Board’s responsibility to monitor the use
of city property, not creating a food truck destination or increasing the number of food trucks.
Dir. of Eng. West explained that there was plenty of private property in Collegetown that food
truck could park on, though they would probably pay much more than $1.50 per hour.
Commissioner Greene stated that mobile vending be a huge trend across the nation, and the
Board may need to address the trend in the future. Commissioner Darling responded that the
Mobile Vending Subcommittee put a lot of thought into the current proposal, but there was not
enough space in Collegetown to add more vending locations.
Exec. Asst. Servoss noted the proposal to remove the approved vending location outside of
305 Eddy Street and add two vending locations across the street. After a short discussion, the
Board agreed with that proposal.
Board of Public Works Page 7 October 5, 2015
Regular Meeting
The Board further agreed to deny the request to reduce the buffer from restaurants from 200
feet to 50 feet. A resolution would be provided for the Board’s next meeting.
NEW BUSINESS:
Asbestos in City Hall
Dir. of Eng. West reported that a complaint was filed with the Department of Labor in early
October 2015 regarding the state of the asbestos floor tiles in City Hall. A notice of violation
was issued to the City from the Department of Labor. Public Employee Safety and Health
Division. Directed to repair the damaged floor tile. The Engineering Division has contacted
Delta Engineering environmental engineers, who conducted a tour of the building. An
inventory of broken tiles would be created, along with air monitoring within City Hall to ensure
employees and members of the public had not been exposed to an unhealthy situation. He
stated staff was fairly confident that nothing airborne would be found due to the nature of the
damaged tiles. Based upon the inventory, the consultants would prepare several alternatives
for the City to consider. The issue would then be brought to City Administration Committee for
funding consideration. The Board would have an opportunity to discuss the alternatives and
make a recommendation to Common Council at their next meeting. At this time, it was
unknown what the costs might be, but it was expected to be expensive.
He noted that three of the four floors in City Hall contained asbestos floor tiles, but they did not
constitute a health hazard unless the tiles were damaged and dust particles were released into
the air. The majority of the floor tiles were not damaged, and the City was obligated to address
only the damaged tiles.
The Board thanked Dir. of Eng. West for notifying them of this issue.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:58 p.m.
Kathrin D. Servoss Claudia Jenkins
Executive Assistant Vice-Chair