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HomeMy WebLinkAboutMN-BPW-2018-01-16BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:03 p.m. January 16, 2018 PRESENT: Acting Vice-Chair – Warden Commissioners (3) – Greene, McCormick, Morache OTHERS PRESENT: Superintendent of Public Works – Thorne Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Director of Engineering – Logue Common Council Liaison – McGonigal Executive Assistant – Servoss EXCUSED: Mayor Myrick Commissioner – Jenkins City Attorney – Lavine Director of Parking – Nagy ADDITIONS OR DELETIONS TO THE AGENDA: Commissioner Greene requested the addition of Item 13A under New Business regarding Board Liaison Appointments. No member objected. MAYOR’S COMMUNICATIONS: The Mayor was not present. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Sheryl Swink addressed the Board in support of the expansion of the Floral Avenue Community Garden. She further addressed issues of sidewalks not being cleared of snow and ice. She stated that people mostly leave sidewalks full of snow and ice until there’s a complaint. Asst. Supt. Benjamin responded that after city-owned sidewalks were cleared, crews had a system to follow to clear other sidewalks. Ms. Swink requested systemically going through the streets to clear the sidewalks for the safety of pedestrians, along with an education program to teach residents about their responsibilities. RESPONSE TO THE PUBLIC Commissioner Greene responded to Ms. Swink to inform her about a program that began several years ago to ensure sidewalks are cleared. Unfortunately, due to low staffing, crews could not respond to every obstructed sidewalk unless there was a complaint. Asst. Supt. Benjamin noted that bills were sent to property owners to charge fees for the City clearing the sidewalk. He further stated that City staff would not clear anyone else’s sidewalks until city- owned sidewalks were cleared. REPORTS Council Liaison Alderperson McGonigal reported that he was the new Common Council Liaison to the Board, and he was looking forward to this assignment. Superintendent and Staff Dir. of Engineering Logue reported that several projects were advertised for bid; the Harold Square Project is expected to take over half of City Hall’s parking lot next week in preparation to pour concrete; and both the City Centre and Canopy Hotel Projects will create lane shifts on Green Street and Seneca Way, respectively, for at least a year due to the need for staging space during construction. Asst. Supt. Benjamin reported that crews were clearing snow and ice over the weekend, creating 260 hours of overtime; crews completed the bank stabilization project at Cass Park; the deck on the Gateway Bridge was being removed due to it being rotted; and Forest Home Drive has been re-opened. Board of Public Works Page 2 January 16, 2018 Regular Meeting Asst. Supt. Whitney reported that he has been preoccupied with personnel changes due to several pending retirements, including the Plumbing Inspector, the Senior Water Meter Technician and the Water Treatment Plant Chief Operator; several other vacant positions should be filled soon; water services have continued to be installed; effluent discharge was used to melt ice at the bottom of Cascadilla Creek near The Haunt; and the High School had flooding issues over the weekend. Supt. Thorne reported that W ater and Sewer crews worked very hard in the freezing cold to help clear ice jams and melt ice throughout the weekend. He further stated that Dir. of Parking Nagy was out sick today, but the new Parker System was being installed and would be up and running as soon as possible; a consultant to help with the Street Lighting Project should be in place by the end of the week; and he was beginning to work on a staffing evaluation for Water and Sewer Division to look at what could be done with an additional water crew, similar to the evaluation completed last year on the Streets and Facilities Division. ADMINISTRATION AND COMMUNICATIONS: Approval of the November 27, and December 11, 2017, Board of Public Works Meeting Minutes – Resolution By Commissioner Greene: Seconded by Commissioner McCormick RESOLVED, That the minutes of the November 27, and December 11, 2017, Board of Public Works meeting be approved as proposed. Carried Unanimously BUILDINGS, PROPERTIES, REFUSE AND TRANSIT: Proposal to Expand the Floral Avenue Community Garden Chrys Gardener, Cornell Cooperative Extension, and Donna Atkinson, Floral Avenue Community Garden Management Team Member, joined the Board for the discussion of this topic. Ms. Gardener explained that there were twenty plots currently in the garden, with a continued request for new plots. She further stated that City Forester Jeanne Grace has agreed to remove the old, diseased crab apple trees to the north of the garden in order for the garden to expand. The current garden was 175 ft. x 55 ft.; the proposed expansion was 125 ft. x 55 ft. to install 10-15 additional plots. The garden plots were rented for $15 -$20 each, which does not cover expenses related to the garden. The additional plots would assist in closing the deficit. Because there wasn’t a connection to water lines, volunteers needed to pump water out of inlet, which was challenging. Ms. Gardener proposed installing a rainwater collection system for the garden expansion, which included building a small shed that would guide rainwater into a barrel. Supt. Thorne stated that the request to build a shed should go through the Building Department and get permission through the Zoning Division to ensure the building meets code. He further stated that the proposed building may not produced much rainwater. He suggested investing in another pump to utilize the water from the inlet. Ms. Gardener noted that when the inlet was treated for hydrilla, the water could not be used for gardens due to toxicit y of the chemicals. Discussion followed on the floor regarding the area of the garden expansion in relation of an existing storm sewer, the ability of the city to maintain the area around the garden, and suggestions of investing in a solar-powered pump that would not need to be carried down to the water’s edge each time water is needed. The Board generally agreed to consider a resolution to approve the expansion of the garden, but approval for building the shed would need to be obtained from the Building Department. Ms. Gardener ensured the Board that she would take more detailed measurements for the expansion to ensure there was enough room for city staff to mow around the garden . Supt. Thorne noted that the license agreement would need to be amended t o include the expanded area. HIGHWAYS, STREETS AND SIDEWALKS: A Resolution to Create a Loading Zone at 210 Linden Avenue By Commissioner McCormick: Seconded by Commissioner Greene WHEREAS, the owners/developers of 210 Linden Avenue received site plan a pproval for redevelopment of the site and made financial decisions based on this site plan approval, and further received a demolition permit and demolished the existing income producing building on the site prior to notification by the City that new State Fire Code restrictions would prohibit the Board of Public Works Page 3 January 16, 2018 Regular Meeting issuance of a building permit due to insufficient road widths required for aerial fire apparatus access, and WHEREAS, the City of Ithaca Fire Chief has proposed that the removal of existing parking in front of 210 Linden Avenue through either a fire lane or loading zone would help support, but not guarantee, a variance for aerial fire apparatus access required by the State Fire Code for this particular project, and WHEREAS, the owners of 210 Linden Avenue have requested that a loading zone be created along their street frontage to support the State Fire Code variance request, and WHEREAS, Planning and Building Division staff, and the Fire Chief have agreed that removal of parking is the best way to accommodate th is redevelopment project and support this specific State Fire Code variance request, and WHEREAS, the Department of Public Works is concerned with the piecemeal removal of parking to accommodate redevelopment projects in Collegetown, but recognizes that this and one other project on Linden Avenue are unique given the timing on which they were informed of the aerial access requirements, and further recommends that a 5 foot sidewalk easement be created along the frontage of 210 Linden for future public benef it, and WHEREAS, City staff are aware of only one other similar case along Linden Avenue in which the same solution may be proposed, which should limit the potential for setting a precedent across the City, and WHEREAS, the Board of Public Works is concerned about the precedent that would be set by granting this request, but understands that future development projects will be notified about the new State Fire Code requirements prior to site plan approval and issuance of demolition permits, and that State Fire Code requirements will need to be met without modifying existing uses in the street right-of-way, and WHEREAS, the Board of Public Works understands from staff that there is growing interest statewide to modify the aerial fire apparatus access code requirement, and that staff is working toward a broader variance to the State Fire Code, and that if this variance is granted by the State, the parking along all of Linden Avenue (including in front of 210 Linden Avenue) may be reconfigured in a comprehensive way to accommodate future redevelopment projects, and WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, now, therefore be it RESOLVED, That the Board of Public Works hereby establishes a loading zone in front of 210 Linden Avenue, and be it further RESOLVED, That the frontage of 210 Linden Avenue hereby be added to the Vehicle and Traffic Schedule XXII, Loading Zones for the west side of Linden Avenue in front of 210 Linden Avenue, and be it further RESOLVED, That effectiveness of the preceding two Resolved clauses be contingent upon the execution by the owners of 210 Linden Avenue of a permanent easement satisfactory to Superintendent of Public Works, on the advice of the City Attorney, providing to the City no less than a 5 foot sidewalk easement for future public benefit, and be it further RESOLVED, That the BPW hereby requests the Planning & Development Board, as well a s city staff from the Planning, Building, Fire, and Public Works departments and divisions, to develop alternatives for Linden Avenue and for other city blocks that may present similar challenges to allow for the types of development for which Common Council has zoned, but may not be buildable due to fire code requirements, and be it further RESOLVED, That if the State denies the variance for aerial fire apparatus access, and the removal of parking is no longer a component of any future alternative variance requests for the project at 210 Linden Avenue, that staff bring a vote back to the Board of Public Works to reestablish parking in front of 210 Linden Avenue. Board of Public Works Page 4 January 16, 2018 Regular Meeting Commissioner Morache recused himself from discussion of this topic due to a conflict of interest. Discussion followed on the floor regarding the need for a quorum in order to vote on the resolution. It was noted that this resolution had been delayed long enough due to the lack of present Board members. Supt. Thorne suggested discussing the resolution at this meeting, and possibly calling a special meeting to cast a vote. He noted that the Board’s decision was only on one piece of a variance that needed approval from the State, so the full request may or may not be approved at the state level. Chris Petrilose joined the Board for the discussion of this topic. Mayor Myrick joined the Board via phone. Commissioner Warden explained the situation and the need to vote. Mayor Myrick agreed that this resolution had been delayed long enough. A Vote on the Resolution Resulted as Follows: Carried Commissioner Morache Recused CREEKS, BRIDGES, AND PARKS: Authorization to Use City Parkland for Non-Motorized Watercraft Concessions – Resolution By Commissioner Greene: Seconded by Commissioner McCormick WHEREAS, in Spring 2015, the Mayor requested that the Superintendent of Public Works convene a working group to explore opportunities to improve public access to water -based activities within the City; and WHEREAS, the Water Recreation Committee identified the need for locations for vendors to operate boat rental concessions and evaluated several locations on City-owned property near existing or proposed boat launch sites, most of which are located within City parks, and which are depicted and described on the document entitled “Non-Motorized Boat Concession Locations”, which is referenced and incorporated into this resolution as Exhibit A; and WHEREAS, in 2016, pursuant to City Code Chapter 170 “Use of City Real Property”, Common Council found that the use of Stewart and Cass Parks for non-motorized watercraft concessions constituted a public recreation-related purpose, and authorized the use of the parks for non-motorized watercraft rental concessions; and WHEREAS, Common Council further authorized the Superintendent of Public Works to advertise, now and in the future, a Request for Proposals for non -motorized watercraft rental concessions and to select and license eligible vendors for such concessions at the locations authorized by this resolution; and WHEREAS, Common Council resolved that the base fee, gross revenue percentage, and seasonal dates for subsequent years would be established by the Board of Public Works prior to January 31st of each year; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the fee for watercraft rental concessionary use of parkland to be set with a base fee of $1,210.00 per site, $150 for use of the Stewart Park storage shed if applicable, plus a percent gross of revenue receipts of no less than 8% for the 2018 season anticipated to run from May 1 through October 31, 2018, and which base fee shall be paid to the City concurrently with execution of the license and gross revenue at the conclusion of the season. Supt. Thorne explained that the resolution sets the fee for the 2018 season. He noted that another Request for Proposals would be advertised this year, and the same vendor was expected to apply. The new agreement would be for three years with the option of three one- year extensions. Discussion followed on the floor regarding how the base fees were calculated for the use of parkland and use of the storage shed. Further discussion followed regarding the need to waive the “Goldsmith Rule” in this case. The Board agreed to leave the policy in place and waive it on a case-by-case basis, when necessary. Board of Public Works Page 5 January 16, 2018 Regular Meeting Resolution By Commissioner McCormick; Seconded by Commission Greene Resolved, That the Board hereby waives the “Goldsmith Rule” for the purpose of voting on the Authorization to Use City Parkland for Non-Motorized Watercraft Concessions – Resolution. Carried Unanimously A Vote on the Main Resolution Resulted as Follows: Carried Unanimously WATER AND SEWER: Appeal of Penalty Charges on Water and Sewer Bills from Beer Properties, LLC Asst. Supt. Whitney explained that historically the City had not reimbursed residents for expenses caused by the mail service, and if it did, he felt it would create an unwanted precedent. He believed that if the Board approved this request, it would be inundated with additional requests. Supt. Thorne noted that property owners should be responsible in ensuring they receive their bills, especially landlords of multiple properties. The Board agreed to deny the request. A resolution would be provided for the Board’s vote in February. NEW BUSINESS: Board of Public Works Liaison Appointments Exec. Asst. Servoss distributed a draft list of boards, committees and commissions that could possibly need a liaison from the Board of Public Works. The Board discussed the list and decided to delay choosing appointments until February, with the exception of Planning and Development Board. Commissioner McCormick volunteered to e-mail Planning Director Joanne Cornish to ask if a liaison was needed immediately. If she responded in the affirmative, he would volunteer for the position. ADJOURNMENT: On a motion, the meeting adjourned at 7:21 p.m. Kathrin D. Servoss David Warden Executive Assistant Acting Vice-Chair