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HomeMy WebLinkAboutMN-BPW-2014-04-14BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:53 p.m. April 14, 2014 PRESENT: Mayor Myrick Commissioners (5) — Acharya, Darling, Goldsmith, Jenkins, Morache 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 Common Council Liaison — Fleming Executive Assistant — Gehring Engineer — Gray Sidewalk Program Manager — Hathaway EXCUSED: Commissioner Warden DAC Liaison — Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR'S COMMUNICATIONS: The Mayor had no communications at this time. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Debbie Brown, 965 East State Street, addressed the Board regarding the proposed purchase of 967 East State Street. She expressed deep concern and disapproval of the City's purchase of the property and proposed demolition of the house to build a new driveway entrance to the Water Treatment Plant. RESPONSE TO THE PUBLIC No response was provided. REPORTS Superintendent and Staff Supt. Thorne reported that the pedestrian bridge across Cascadilla Creek had to be closed due to safety issues two weeks ago, and staff was looking at grant sources to fund the replacement of the bridge. He further reported that a hole found in the deck of the Aurora Street Bridge over Cascadilla Creek would be repaired this year. Director of Engineering West introduced Eric Hathaway, the new Sidewalk Program Manager. Mr. Hathaway provided a summary of his background to the Board, who welcomed him. Director of Engineering West reported that Frosh Alley, between Eddy Street and Quarry Road, was closed due to safety issues with loose stones and a failure in the stone wall along the alley. He further reported that the bathrooms in the large pavilion in Stewart Park are need of repairs to the floors and piping, noting the bathrooms would not be available until the repairs were completed. Asst. Supt. Whitney reported that staff is working with O'Brien and Gere on the dam analyses, and he would get cost estimates for repairing or tearing down the 30 foot dam. Asst. Supt. Benjamin reported that crews had finished building the access road into the Jungle, cleared brush, and removed camps. He further reported that NYSEG would trim the trees around their power lines and crews were rebuilding two catch basins. Board of Public Works Page 2 April 14, 2014 Regular Meeting APPROVAL OF MINUTES: Approval of the March 10, 17, and 24, 2014 Board of Public Works Meeting Minutes - Resolution By Commissioner Jenkins: Seconded by Commissioner Goldsmith RESOLVED, That the minutes of the March 10, 17, and 24, 2014, Board of Public Works meetings be approved as proposed. Carried Unanimously VOTING ITEMS: Buildings, Properties, Refuse and Transit: Recommendation for Temporary Use of the Property at 967 East State Street During Construction of the Water Treatment Plant — Resolution By Commissioner Jenkins: Seconded by Commissioner Darling WHEREAS, the City is about to bid the reconstruction of the water treatment plant on Water Street, which will involve the demolition and rebuilding of the water treatment facilities while maintaining plant operations, and WHEREAS, staff believes there are significant cost, safety, and operational benefits to be realized through acquiring use of the adjacent property at 967 East State Street during construction, resulting in: eliminating the need for construction trailers on the limited site; increased storage and maneuvering room for contractor materials and equipment; ability to shorten the schedule by performing construction tasks concurrently rather than sequentially; physical removal of City staff from an active construction site while providing the proximity needed to maintain plant operations, and WHEREAS, the Department of Public Works also needs to replace aging underground water, sewer, and storm utilities located adjacent to and beneath the foundation of the house at 967 E. State Street, and recommends performing this work while the house is not occupied by residents and is under the control of the City, now therefore be it RESOLVED, That the Board of Public Works directs the Superintendent to work with the City Attorney to begin negotiations for use of the property for a three year period during plant construction and utility replacement, and be it further RESOLVED, That the Board directs staff to consider various leasing and purchasing options which meet the goals of adequate control, timeliness, and economy, and then return to the Board with a recommendation for their action. Discussion followed on the floor regarding the Board's opposition to demolishing the house after the construction project is complete. Amending Resolution By Commissioner Morache: Seconded by Commissioner Jenkins RESOLVED, That the following additional Resolved clauses be added: RESOLVED, That the Board's intent is that the house on the property be returned to use as private housing upon conclusion of City use, and be it further, RESOLVED, That the Department of Public Works proceed in a manner consistent with the immediately - preceding Resolved, and be it further, RESOLVED, That if the property is purchased by the City, then no later than 2016 the Superintendent of Public Works shall bring to the Common Council a resolution proposing the sale of the property. Discussion followed on the floor regarding the space plan and layout of the house, the amount of construction trailers that would be required, and whether the house was big enough to replace all the trailers needed. Alderperson Fleming expressed additional concerns from residents regarding the potential increased traffic. Commissioner Goldsmith noted that distinction between the two issues being discussed: whether the house should be retained or demolished; and using the house as an office space. He stated that utilizing the house was independent from the additional traffic. Amendment A Vote on the Amendment Resulted as Follows: Board of Public Works Page 3 April 14, 2014 Regular Meeting Main Resolution A Vote on the Resolution as Amended Resulted as Follows: Carried Unanimously Carried Unanimously Highways, Streets and Sidewalks: Appeal of Snow Removal Bill for 214 North Plain Street — Resolution By Commissioner Morache: Seconded by Commissioner Goldsmith WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 214 North Plain 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. Carried Unanimously Resolution to Approve or Deny Sidewalk Past Work Credit Appeals By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, the City of Ithaca Charter, Section C -73 (C)(2)(c)(2), allows the Board of Public Works to hear appeals for past work credit applications in the Sidewalk Assessment District program, and WHEREAS, the Superintendent of Public Works (or his designee) has denied certain past work credit applications and the applicants have appealed such decision, and WHEREAS, these denied cases have been presented to the Board of Public Works, now, therefore, be it RESOLVED, That the Board of Public Works hereby grants the appeal for 208 Willard Way, and be it further RESOLVED, That the Board of Public Works hereby grants the appeal for 124 Roberts Place, and be it further RESOLVED, That the Board of Public Works hereby denies the appeal for 1309 North Cayuga Street, and be it further RESOLVED, That the Board of Public Works hereby postpones a decision on the appeal for 208 West Lincoln Street. Mayor Myrick summarized the sidewalk past work credit appeals. MD noted that the policy is that if a sidewalk needs to be dug up due to utility work, homeowners must pay for the sidewalk. Discussion followed on the floor regarding the ownership of the utility valve box, who controls it, and that the property owner is responsible for sidewalk replacement if it is related to utility work. Commissioner Goldsmith recommended that the decision about the past work credit for 208 West Lincoln Street be postponed in order to establish a policy for retroactive sidewalk permits. City Attorney Lavine noted that the deadline for 2014 sidewalk credits is May 1, 2014. If the decision regarding this appeal is postponed too long, the homeowner will not be eligible to receive a credit until 2015. Discussion followed regarding timing of the Board's decision and whether the credit could be included in the tax bills if the decision is made after May 1st. Board of Public Works Page 4 April 14, 2014 Regular Meeting Mayor Myrick expressed his strong preference to postpone the decision on the appeal two to four weeks, and to require the Chamberlain's Office to establish the tax credit if the appeal is approved. A Vote on the Resolution Resulted as Follows: Carried Unanimously DISCUSSION ITEMS: Proposal for a New Community Garden at Floral Avenue Chrys Gardener, Cornell Cooperative Extension, joined the Board for the discussion of this topic. She stated that she had met with staff, including Supt. Thorne and Director of Planning Cornish, to discuss this proposal. Supt. Thorne explained the concerns staff had, including the availability of parking and unloading zones. He noted the lack of curb cuts, and stated he was nervous about the location of the garden as the overhead power lines could cause issues with unloading large dump truck loads of mulch. Ms. Gardener suggested utilizing the first parking space closes to the garden as a storage space for compost and mulch with the requirement that it be moved within 48 hours of delivery. Asst. Supt. Benjamin suggested creating a parking area within the crab apple grove at the end of the garden area. He noted that a curb cut already exists in that location, and the power lines would not be an issue. Discussion followed on the floor regarding any actions the Board would need to take, including a recommendation to the Planning and Economic Development Board for site plan review and final approval for use of City property by Common Council. The Board agreed to allow the use of city property for the purpose of a community garden. Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache RESOLVED, That the Board of Public Works hereby determines that the property proposed for the garden site along Floral Avenue is not needed for City of Ithaca public works purposes, and be it further RESOLVED, That the Board of Public Works hereby recommends that the request to utilize city property along Floral Avenue for a community garden be approved. Carried Unanimously Ithaca Children's Garden's Proposal for an Edible Forest Garden Expansion Erin Marteal, Director, Peter Borse, president of bee keeper's club, and Marvin Pritz, chairmair of Cornell University's Horticulture Department joined the Board for the discussion of this topic. Ms. Marteal explained the proposal to expand the Children's Garden to include an edible forest garden. She stated that the Children's Garden takes up approximately three acres, with about one acre in the middle that has not yet been developed. To develop this portion of the property, the first phase would be to install a boardwalk that would add about a quarter mile to the Cayuga Waterfront Trail. Also included in phase one would be planting in the fall, and fundraising to build a small pavilion that will have solar panels and will collect rain water on its roof within the Children's Garden. The second phase would add chicken and bees to the garden. Ms. Marteal explained that the bee hive would enhance the garden through learning about pollination, and the bees would be located on top of the existing pergola located in the current edible garden. A sustainable backyard in New Zealand is inspiration for the proposed chicken pen that would be located in the current edible garden area. Alderperson Fleming and Mayor Myrick expressed interest and approval for the proposed modifications and additions to the Children's Garden. Mayor Myrick noted that the Board of Public Works could approve the request for chickens and bee, but the request for the boardwalk should go to Planning and Economic Development Board for site plan approval. Discussion followed on the floor regarding the number of chickens that would be housed at the garden, and what part of the proposal the Board could approve. City Attorney Lavine suggested that Ms. Marteal contact Planning Director Cornish regarding site plan review for the boardwalk, review the lease and provide a proposed resolution for the Board's decision. Board of Public Works Page 5 April 14, 2014 Regular Meeting Request to Rename City Court Building Attorneys Jim Kerrigan and Ray Schlather joined the Board for the discussion of this topic. Mayor Myrick explained the request from Attorney Kerrigan to rename the City Court Building after Judge Judith Rossiter, who will be retiring in 2014. Commissioner Jenkins expressed her approval of renaming the courtroom, rather than the building. City Attorney Lavine explained the e -mail he received from the New York State Office of Court Administration that expressed concerns about renaming a court building after a living judge, which may cause a conflict of interest should that judge return to the workforce after retirement. He further stated the City Clerk Holcomb researched previous Common Council and Board of Public Works minutes and did not find any precedence for renaming buildings within the City. Mayor Myrick agreed with Commissioner Jenkins and expressed his approval of renaming a court room, rather than the building. Commissioner Goldsmith noted that dedications were usually held after the death of a person. Attorney Kerrigan expressed his shock about the input from the Office of Court Administration since he spoke with several judges who all expressed support for the proposal. He stated it was entirely appropriate to rename the building, as the Youth Bureau building was named after Bob Cutia, former director of the Youth Bureau. Attorney Schlather explained that most buildings are named after foreign locations or people who have already passed. He stated that Judge Rossiter would be the first person to have a building named after her and she would still be alive. If the City were to honor the 25 year posthumous rule, no one would remember Judge Rossiter and what she did on the bench. He further stated that naming the building after Judge Rossiter would provide inspiration for young attorneys and women for the future. He noted that Judge Rossiter is the first female elected City Court judge in the Ithaca. Commissioner Goldsmith left the meeting at 6:26 p.m. Mayor Myrick expressed his support of renaming the building after Judge Judith Rossiter. The Board generally agreed. Commissioner Fleming agreed and urged the Board to approve the request. Attorney Kerrigan agreed to provide a resolution for the Board at their next meeting. ADJOURNMENT: On a motion, the meeting adjourned at 6:30 p.m. Kathrin D. Gehring Executive Assistant Svante L. Myrick Mayor