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