HomeMy WebLinkAboutMN-BPW-2014-09-22BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. September 22, 2014
PRESENT:
Mayor Myrick
Commissioners (5) - Jenkins, Darling, Morache, Goldsmith, Warden
OTHERS PRESENT:
Superintendent of Public Works - Thorne
Assistant Supt. for Water & Sewer - Whitney
Common Council Liaison — Fleming
Information Management Specialist - Myers
Director of Engineering — West
Community Development Director — Bohn
Assistant City Attorney — Flaherty
Bridge Systems Engineer — Gebre
EXCUSED:
Assistant Superintendent of Streets and Facilities - Benjamin
Parking Director — Nagy
DAC Liaison — Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Thorne requested the addition of the following resolution entitled "Award of
Contract for Ithaca Falls Overlook EPA Brownfield Clean -Up Project - #76813" to the
agenda.
No Board Member Objected.
MAYOR'S COMMUNICATIONS:
The Mayor had no communications at this time.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Claudia Jenkins addressed the Board regarding the overall poor condition of city roads
and recent damage to her vehicle that occurred as a result. She reported that Wood
Street and Clinton Street are in particularly poor condition. She further requested a brief
discussion by the Board regarding electric bicycles, especially on sidewalks.
Mayor Myrick responded that staff is currently discussing what the city's highway crew
and projects look like for next year, as well as what projects might be eligible for CHIP's
funding. He requested that this topic be added to the Board's next agenda for further
discussion. He noted that there is a long list of streets, and staff is trying to prioritize and
come up with actual costs.
Commissioner Goldsmith voiced his agreement that city streets are in poor condition.
He further noted that a lot of sidewalks are in poor condition, and the cost to repair
relatively small compared to repair of the roads. However, they don't get taken care of
so easily because of the lack of funding. In addition, there are some serious problem
bridges (i.e. the bridge to the city court building and the bridge over Cascadilla Creek).
Creek walls are caving in resulting in more flooding in various areas of the City. He
encouraged the Board to include these items in the discussion of prioritizing and
discussing future road work.
Board of Public Works Meeting Minutes
September 22, 2014
Supt. Thorne noted that crews will be able to repave the 500 block of West Clinton
Street before winter, which will be good since that is one of the blocks in very poor
condition.
REPORTS:
Brindley Street Bridge Replacement Project Presentation:
Bridge Systems Engineer Gebre and Chris Maybee from Delta Engineers presented
and explained the history and several alternatives for the replacement of the Brindley
Street Bridge.
Mr. Maybee explained that the City and Delta Engineers are in the preliminary stages of
looking at the replacement of the bridge. The Brindley Street bridge was constructed in
1938, and the last major rehabilitation of it was in 1952. Its' last inspection in June 2013
resulted in low scores and it being considered "critical" for replacement.
Alternative #1:
In addition to replacement of the bridge, they were asked to look at the intersection and
adjoining area at Brindley /West Martin Luther King, Jr. /State Streets. That intersection
has a history of accidents, which the City would like to address in conjunction with the
bridge replacement, and possibly reconfigure. The new bridge will include accom-
modations for vehicles, pedestrians, and bicycles.
Mr. Maybee explained that one of the alternatives would shift the Brindley Street
intersection to the east with a slight curve on West Seneca /West Martin Luther King
Jr. /State Street intersections to bring them into better alignment. This would require a
slight property acquisition from Tromley Tire (maybe do a land swap to minimize cost
and keep Tromley Tire with about the same amount of space they have now).
Mr. Maybee stated that they received some public feedback from a previous meeting
regarding the access in and out of the area from Trowbridge & Wolfe and Ithaca Grain
Company with their preferences for access expressed.
Alternative #1 Cost: $1.4 million
Alternative # 2:
Alternative #2 would relocate Brindley Street up to the intersection at Taughannock
Bldv. The existing bridge would stay in its current location and be extended to 128', and
be improved for pedestrian use.
This alternative would require replacement of the traffic signal, and the intersection
being reconfigured. This would provide an improvement in delays currently experienced
at the intersection, creation of dual lanes with a single exit -- right turn only, and
improvements in the green space. They would need public input and feedback on this
alternative as well.
Alternative #2 Cost: $2.1 million
Alternative #3:
Alternative #3 is the same as #2 except the bridge would be longer and the span larger.
They are still in the processing of obtaining information on the condition of the land
there; which may not be stable and secure enough for that alternative.
Any plan and work will include access to Pete's Grocery.
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Board of Public Works Meeting Minutes September 22, 2014
Alternative #3 Cost: $3.8 million
Director of Engineering West noted that the Brindley Street and Cecil A. Malone Bridge
are the only two access points to Nates Floral Estates and the businesses on Cherry
and Taber Streets. The Cecil A. Malone Bridge is on the TIP schedule for replacement
in 3 -4 years, so in order for that to occur there has to be an alternative means of getting
emergency service vehicles in that area. It is critical that the Brindley Street bridge be
brought up to a state that can be used by emergency service vehicles safely.
Therefore, by early next year the Board of Public Works and Common Council will need
to provide direction as to which alternative to follow for the replacement of the Brindley
Street bridge.
Discussion followed on the floor regarding the three alternatives presented, and the fact
that both the Brindley and Cecil Malone Bridge need replacement. Board members
expressed their thoughts on the following items:
• If stop signs are enough for now; why the need for traffic signals?
• Could traffic be diverted - what is going on at the back side of Taber Street -
instead of connecting it to Brindley Street have it go through to Cecil A. Malone
Drive
• Ben Weitzman has some very large plans for his parcel which is a very under
developed piece of property
• This is the only access to the City's industrial area, and, as such, it has the
potential to increase the city's tax base. It might be more attractive to developers
as bridges are replaced that the traffic pattern also be adjusted. The City does
not want to make it hard for companies to do business there, and it needs to
make sure large trucks can access Taber /Cherry Streets for future development
The Board expressed their thanks and appreciation to Mr. Maybee for the presentation.
STAFF REPORTS:
Director of Engineering West reported that there would be a meeting regarding "Safe
Routes to School" on September 30, 2014 at GIAC.
Supt. Thorne reported that staff has narrowed the field down to two consultants for the
Six Mile Creek wall repair work; both are about the same price. Right now, staff is trying
to narrow down what work needs to be done, and which consultant to recommend to the
Board so work can begin in the Spring.
BOARD LIAISONS:
Commissioner Goldsmith, liaison to the Parks Commission, reported that there was
extensive discussion a recent Parks Commission meeting, which both he and Supt.
Thorne attended regarding signage at city parks. One part of that discussion centered
around the fact that the Parks Commission is in the process of installing signs for each
park in the City identify them for the public. In addition, they do not want signage in the
parks that has not been approved by them or has anything to do with activities that may
be taking place at the park that day. They also do not want signs that advertise
upcoming events — even ones for the various Reading Partnership campaigns and the
semi - annual Friends of the Library book sale. City parks is not the place for this type of
advertisement /signage — they should be sign free.
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Board of Public Works Meeting Minutes
September 22, 2014
The other topic of discussion concerned the Youth Bureau adjusting fees for use of
pavilions so that non -city residents pay a higher fee. The Youth Bureau has a new fee
schedule proposed with modest increases, including proposed parking fees for both
Cass and Stewart Parks.
Supt. Thorne explained that he is waiting for a formal resolution from the Parks
Commission regarding the proposal to increase fees to bring to the Board for their
information, review, and approval. The proposal regarding fees for parking will affect
multiple departments in the City, and there will be major difficulties with staffing for that.
CREEKS, BRIDGES, AND PARKS:
Award of Contract for Ithaca Falls Overlook Environmental Protection Agency
(EPA) Brownfield Cleanup Project #768 -113 — Resolution
By Commissioner Darling: Seconded by Commissioner Warden
WHEREAS, bids were received on September 17, 2014 for Ithaca Falls Overlook EPA
Brownfield Cleanup Project #768 -B, and
WHEREAS, the Common Council established Capital Project #768 for the Falls
Overlook Investigation /Remediation, and
WHEREAS, Paragon Environmental Construction, Inc., 5664 Mud Mill Road,
Brewerton, NY 13029 submitted the lowest responsible bid for General Construction
work of $354,045.00 now therefore, be it,
RESOLVED, That the contract for General Construction work for the Ithaca Falls
Overlook EPA Brownfield Cleanup Project #768 -B is awarded to Paragon
Environmental Construction, Inc., 5664 Mud Mill Road, Brewerton, NY 13029 for
the lowest responsible bid for General Construction work of $354,045.00, and be it
further,
RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and
that the Superintendent of Public Works be and hereby is authorized to administer the
same in consultation with Barton & Loguidice, the City's consulting engineer on the
project.
Community Developer Director Bohn stated that they did look at the bid with staff and
he recommended awarding it to Paragon. It is a low bid - lower than expected; however,
Paragon needs to work on the 10% for women /minority owned businesses requirement
that all City of Ithaca contractors need to meet, and they're willing to work on that. The
Ithaca Urban Renewal Agency and City are comfortable working with them through that
process.
Community Development Director Bohn explained the history of the clean -up work that
has been done in this area and who has done what. It has been a long process, 20
years at this point. He further explained what work is included in this contract and where
the work will take place. He noted that this clean -up will finish the city's portion of the
clean -up and then work can proceed to construct the park and overlook area at Ithaca
Falls.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
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Board of Public Works Meeting Minutes
September 22, 2014
WATER AND SEWER:
Appeal of Water Service Bill for 508 Taughannock Blvd - Resolution
By Commissioner Jenkins: Seconded by Commissioner Morache
WHEREAS, the City Code §348 -17, General Installation and Maintenance Rules for Service
Pipes are as follows:
A. The installation of all service pipes between the water main and the curb
box shall be at the expense of the owner of the premises served; except
that, when a service pipe of Type K soft copper or other such material as
may hereafter be approved as permanent shall have been installed at the
expense of the owner, such installation between the main and the curb
box shall be considered to be a part of the city water system and shall be
so maintained. In the event, however, that larger or different service is
requested by the owner or required by reason of the use of the property
served, such larger or different service shall be installed at the expense of
the owner.
B. All installation of service pipes between the main and the curb box in the
city shall be made only by the Water and Sewer Division of the
Department of Public Works.
F. The Board reserves the right to repair any leaking service pipe without
notice and to charge the expense thereof against the owner of the
premises, to be collected in the manner provided by the rules and
regulations or the provisions of the City Charter relating thereto.
and
WHEREAS, On Monday, October 28, 2013, a City of Ithaca Department of Public
Works Water & Sewer Division Crew excavated the street in the area of the water
service at 508 Taughannock Boulevard and found a leak on the 2 -inch galvanized iron
water service line to the Coast Guard Auxiliary Building at the point where it connected
to the 6 -inch municipal water main in the street. The Crew disconnected the leaking
service and plugged the old tap connection at the City's water main. On Wednesday,
November 6, 2013, in coordination with Flotilla 2 -2's plumber, another City of Ithaca
Department of Public Works Water & Sewer Division Crew made a new tap on the 12-
inch water main in the street and installed a new water service from the main to the curb
at 508 Taughannock Boulevard, and
WHEREAS, a new 3/4 -inch K- copper water service line was installed by the City of
Ithaca Water & Sewer Division from a new corporation stop on the water main to a new
curb stop at or near the property line, and
WHEREAS, the Board of Public Works reviewed and discussed the appeal that was
submitted by Flotilla 2 -2 disputing the charges for the water service repair, now
therefore, be it
RESOLVED, That the Board of Public Works hereby finds in accordance with City of
Ithaca Code that the Owner of the facilities at 508 Taughannock Boulevard is
responsible for payment of the bill for the new water service installed by City of Ithaca
Department of Public Works Water & Sewer Division, and be it further
RESOLVED, That the Board of Public Works authorizes the City of Ithaca Chamberlain
to make arrangements with the Owner and /or Flotilla 2 -2 to allow up to a year for
payment of this bill without penalty.
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Board of Public Works Meeting Minutes
September 22, 2014
Commissioner Warden stated that after comments were made at the Board's last
meeting he did some investigating. The property owners were informed that the work
would be at their own cost, so there was obviously a misunderstanding as the city has
always been clear in its communication with them.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
Resolution to Allow Relocation of Storm Sewer
By Commissioner Morache: Seconded by Commissioner Warden
WHEREAS, the City of Ithaca Charter, Section C -65, gives the Board of Public Works
the power to adopt and execute plans for the drainage of the City and for the extension
and improvement of the present sewer and water system; and
WHEREAS, the City of Ithaca Charter, Section C -77, gives the Board of Public Works
the right to use the ground or soil under any street or highway in the City for the purpose
of introducing water into and through any and all portions of the City, and such right
shall be continuous for the purpose of repairing and relaying water pipes; and
WHEREAS, a portion of the City's storm sewer lies under the premises located at 120
S. Aurora Street, Ithaca, NY which is the site of a proposed 159 -key Marriott hotel (the
"Hotel ") to be developed by Hotel Ithaca, LLC (the "Developer "); and
WHEREAS, the City reserved a right -of -way to maintain the storm sewer under a
portion of the Hotel site, such portion being known as "Parcel B -1" on a survey map
entitled "No. 215 East State Street, City of Ithaca, Tompkins County, State of New
York," dated November 26, 2007, prepared by T.G. Miller, P.C., Engineers and
Surveyors (the "Survey "), which Parcel B -1 is currently identified as City of Ithaca Tax
Parcel No. 70.4-4.3; and
WHEREAS, the storm sewer also extends under an adjoining portion of the Hotel site,
shown as "Parcel B -2" on the Survey, which Parcel B -2 is currently identified as City of
Ithaca Tax Parcel No. 70.- 4 -4.4, although it does not appear that an express easement
or right -of -way exists for the City to maintain and repair that portion of the storm sewer
under Parcel B -2; and
WHEREAS, Developer at its sole cost and expense has requested permission to
relocate the storm sewer which currently runs under the Hotel site to the South Aurora
Street right -of -way and Developer has asked that upon completion of the relocation of
the storm sewer and approval of the same by the City, that the City to release all rights
to maintain and repair a storm sewer under Parcel B -1 and any rights the City may
have, if any, to maintain and repair the storm sewer under Parcel B -2; and
WHEREAS, the relocation of the storm sewer to the South Aurora Street right -of -way
will benefit the City because it will result in a newly constructed storm sewer pipeline
and also because the relocation will ensure continuous and uninterrupted surface
access to the storm sewer in the area of the Hotel; and
WHEREAS, the Board concludes that relocation of the storm sewer, as requested by
Developer, is in the best interest of the City's water system; now, therefore be it
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Board of Public Works Meeting Minutes September 22, 2014
RESOLVED, That the Board of Public works approves the relocation of the storm sewer
from its current location under the Hotel site to the South Aurora Street right -of -way on
the condition that such work shall be completed by Developer at Developer's sole cost
and expense, and such relocated storm sewer shall comply with all applicable state and
local laws and regulations; be it further
RESOLVED, That upon completion of the relocation of the storm sewer and approval of
the same by the City of Ithaca Streets and Facilities Division, the City shall release all
rights to maintain or repair a storm sewer under Parcel B -1 and any rights the City may
have, if any, to maintain and repair the storm sewer under Parcel B -2; be it further
RESOLVED, That the Mayor, subject to review by the City Attorney, is authorized to
execute such instruments as may be necessary to effectuate the terms of these
resolutions, provided that any instrument releasing the City's right -of -way to maintain
and repair the existing storm sewer shall not be delivered to the Developer until all
terms and conditions set forth in these resolutions are met.
Asst. City Attorney Flaherty joined the Board for discussion of the resolution.
Commissioner Goldsmith asked the mover and seconder of the motion if they would
agree to the removal of the word "immediately" in last Resolved clause — which they
both did. He stated that he is pleased the hotel is going to be constructed in this area,
but is not glad that the City and the Tompkins County Industrial Agency gave the
developer a tax break despite the developer not agreeing to pay a living wage to its
employees. That violates what the City of Ithaca is trying to promote everywhere else
with new development so he is annoyed that the City is doing once again. This
resolution makes it look like its all good and everyone wins. He questioned what would
the City lose if the Board of Public Works denied the request.
Supt. Thorne responded that the City of Ithaca has a storm sewer that runs under the
property where the hotel will be built. The developer agreed to relocate /move the storm
sewer at their own cost. When the City had the storm sewer there, it had an
easement /property right that will now be given up to the developer.
Commissioner Goldsmith explained that he understands the request because he
personally has an easement; it's useful to him, and he could trade it for a lot of cash if
he wanted. In this case, the city owns the easement; it's in the way of a project. The
developer of the project was asked to guarantee the payment of a living wage to the
employees of the hotel, and they said no. So, why should the City give them the
easement?
Mayor Myrick responded that if the City were to hold up the project because of the
above reason, it would lose a 154 room hotel, the property tax from the hotel, the
building permit revenue, and a lot of jobs would be lost.
Commissioner Goldsmith responded that he is not saying the City should lose project;
the City is being asked to give something up and not getting anything in return - except
a new storm sewer pipe.
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Board of Public Works Meeting Minutes
September 22, 2014
Director of Engineer West explained that the Board of Public Works approved other
encroachments and accommodations for this project with some value for use of city
property. The City and the developer have a good faith relationship to this point; he
would suggest that to pull the rug out from under the developer would be perhaps
negotiating in bad faith or inconsistent in the way the City has done business with the
developer through this process.
Commissioner Goldsmith responded that it is nice to have that statement on record. He
stated that Director of Engineering West's comment about pulling the rug out from
underneath the developer and the Mayor's response strike him as over wrought to his
question of the tone of the City being in bed with the developer over this project.
Alderperson Fleming responded that she is not sure what is being suggested? Charge
the developer for moving a storm sewer line? Commissioner Goldsmith responded yes,
but he is not suggesting anything because it should have been thought about a long
time ago. What he would suggest is that when the City gives up a right in the
commercial world that it gets paid for it; that's all. Clearly, the City has other interests as
expressed by the Mayor.
Mayor Myrick responded that the City does charge where there is significant value to
the use of its property, such as for air rights, and it was expensive to the developer for
them.
Commissioner Goldsmith stated that these are dilemmas that cities get into, and he
wanted people to be aware of them.
Commissioner Warden thanked Commissioner Goldsmith for his comments. He noted
that along those same lines, regarding the living wage, in the future the City should look
for leverage to get that. He further encouraged the City to assure that this work meets
the City's conditions and requirements.
Director of Engineering West responded that drawings have been received. The work
will be done within the building; the storm sewer runs between the building and shoring.
The work will be inspected by inspectors from the City of Ithaca Building Department —
although storm sewers are not typically inspected by city; however, sanitary sewer lines
would be. In addition, maintenance will be the responsibility of the City.
Mayor Myrick stated Commissioner Goldsmith's point is well taken - that developers of
new projects should be required to pay a living wage to their employees. If paying a
living wage is a requirement for the granting of tax abatements, it should be required
county wide - not just in the City of Ithaca.
Commissioner Goldsmith expressed his agreement that other than as a stimulus to get
developers to build downtown as opposed to elsewhere, there is absolutely no
justification for tax abatements for hotels and /or grocery stores.
A Vote on the Resolution Resulted as Follows:
Ayes (5) Myrick, Jenkins, Darling, Warden, Morache
Nays (0)
Abstentions (1) Goldsmith
Carried
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Board of Public Works Meeting Minutes
DISCUSSION ITEMS:
September 22, 2014
Request for Residential Parking Permit — Hardship Appeal:
Transportation Engineer Logue provided the following information for the Board
regarding the request:
"Re: Residential Parking Permit System Hardship Request
218 Delaware Avenue
I am recommending denial of the enclosed Residential Parking Permit System (RPPS) hardship
request from Mr. Paul Balestrieri, a current resident of 128 Delaware Avenue, unless he can
present a compelling case that he has a short term health emergency.
The property is in a CR -3 zoning district. Therefore, it is not eligible to get RPPS permits. The
property has a driveway and off - street parking.
Between chapter 260 of the City Code (Residential Parking Permit System) and the BPW
regulations implementing the same, there is limited guidance on how to handle hardship
requests. The BPW regulations simply state, "Residents may file written appeals with the BPW
for either hardship consideration or the denial of permits by the City Clerk's Office. " Section 260-
4 of the City Code provides a little more guidance, stating that residents may apply to the BPW
for a permit not otherwise available in the following circumstances:
1. Where a home health care provider provides home health care to a resident and
regularly drives to the resident's home.
2. Where a resident has a short term health emergency.
3. Where residents living on a street within the Residential Parking Permit Zone without on-
street parking wish to purchase a permit for on- street parking on a street where permits
are required.
4. Such other instances of hardship (excluding self - created hardship) as the Board of
Public Works in their discretion determines sufficient for issuance of additional parking
permits.
In my opinion, Mr. Balestrieri's case falls closest to #2 above, and I've let him know that you
may be interested in a doctor's note. I did look at the driveway apron and it is not very steep. My
guess is that he does not want to pay for the off - street parking that is on the property. Off - street
parking in Collegetown can run $100 /month and our RPPS permits cost $45 1calendar year. In
my interpretation, granting the hardship case on this basis would not fit with Common Council's
intent in creating the Residential Parking Permit System. "
Commissioner Jenkins expressed her support for Transportation Engineer Logue's
recommendation; especially since the applicant has not appeared before Board to plead
his case.
Commissioner Morache concurred with the recommendation, and noted that if the
applicant had a doctor's note, and had no parking arranged then perhaps the appeal
might be warranted. However, since there is no way to say that the applicant isn't just
trying to get a cheaper permit, he would not recommend the Board grant the request
either.
The Board requested that Transportation Engineer Logue prepare a resolution to deny
the request for their next meeting.
NEW BUSINESS:
Electric Bicycles:
Mayor Myrick stated that he would request that the City Attorney and Police Department
provide information to the Board as to whether electric bicycles are legal, whether they
need to be licensed and registered; and if they are allowed on sidewalks. He will bring
this item back to the Board for discussion once those questions have been answered.
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Board of Public Works Meeting Minutes
ADJOURNMENT:
September 22, 2014
On a motion the meeting adjourned at 6:05 p.m.
Sarah L. Myers Svante L. Myrick
Information Management Specialist Mayor
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