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HomeMy WebLinkAboutMN-BPW-2014-01-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. January 27, 2014 PRESENT: Mayor Myrick Commissioners (5) - Jenkins, Darling, Morache, Goldsmith, Acharya OTHERS PRESENT: Superintendent of Public Works - Thorne Assistant Superintendent of Streets and Facilities - Benjamin Common Council Liaison (Substitute) - McGonigal Information Management Specialist - Myers Director of Engineering – West Executive Assistant – Gehring EXCUSED: Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Fleming DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR’S COMMUNICATIONS Mayor Myrick reported that he is putting forward David Warden’s application to serve on the Board of Public Works for approval at the February 5, 2014 Common Council Meeting. Mr. Warden served on the Board in the recent past and is very interested in serving on the Board again. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD Blake Fall-Conroy, addressed the Board in support of the proposed food truck policy. He worked on the food truck policy sub-committee. The policy was changed to make the spacing between food trucks and the brick and mortar restaurants to 200’, as per the Downtown Ithaca Alliance’s request. The Downtown Ithaca Alliance thought that was a good compromise. He also refuted the claim made during previous public comment on the proposed policy that it was possible to make enough money in one day to pay off the yearly fee. He further noted that the lack of concerned citizens here today to speak about the policy shows that fair compromises have been reached on both sides. RESPONSE TO PUBLIC The Board and Mayor reserved comment until the proposed food truck policy was being discussed. REPORTS Asst. Supt. Benjamin reported that it’s still snowing and crews have had to work every weekend to plow. His staff appreciated the tickets they were donated to attend the Winter Village/Blue Grass Concert at the State Theatre this past weekend. The organizers of the event wanted to show their appreciation for the hard work and dedication of the crews during the recent flooding/ice jams in the Fall Creek Neighborhood, which prevented many homes from being damaged by flooding. Commissioner Goldsmith noted, as a resident of the Fall Creek neighborhood, that the work done by the DPW crews during the recent flooding event was extraordinary. It kept not only his house but many of his neighbors’ homes from being flooded. He expressed his thanks to the City of Ithaca Department of Public Works staff for their hard work and efforts to prevent flooding caused by ice jams in Cascadilla Creek. Director of Engineering West reported that he was asked by his staff to reiterate to the Board that the City was awarded $600,000 by the State for pedestrian activated traffic signals to be installed on West State Street near the Octopus. He further reported the installation of solar collectors on the roofs at the Ithaca Fire Department and Youth Bureau buildings has been completed. APPROVAL OF MINUTES: There were no minutes to approve at today’s meeting. Board of Public Works Meeting Minutes January 27, 2014 2 PARKING AND TRAFFIC: Resolution Establishing a Street Vending Policy for Food Vending Vehicles By Commissioner Acharya: Seconded by Commissioner Morache WHEREAS, the Board of Public Works has received requests to establish a policy for permitting food vending vehicles on public streets, and WHEREAS, there is currently no comprehensive Public Works policy addressing the operation of food vending trucks on public streets, and WHEREAS, the Board of Public Works, members of the public, business representatives, and staff have conferred and developed a policy for permitting the operation of food vending trucks on public streets and in parks, and WHEREAS, Chapters C-71 and C-69 of the City Charter authorize the Board of Public Works to regulate streets and parks, now therefore be it RESOLVED, That the Board of Public Works hereby adopts the Street Vending Policy, dated January 27, 2014, and filed with the City Clerk, and be it further RESOLVED, The Board of Public Works shall review and revise the Street Vending Policy annually beginning approximately one year from the date of adoption. Mayor Myrick expressed his thanks to the members of the food truck policy sub-committee for their work on the policy and for incorporating the proposed compromises as requested by the public. Discussion followed on the floor regarding how the new policy will affect the two existing hot trucks located on University Avenue and Stewart Avenue. One owner is very interested in the option to relocate through the lottery system. The two trucks will be able to remain where they are until the July Lottery, at which time they will get to choose a location that is not already occupied. Also, if they choose, they can participate in the earlier lotteries to get a different location before July. Commissioner Goldsmith stated that he understands the reasons for requiring the "grandfathered" food trucks to participate in the lottery; however, the City might want to consider auctioning their two sites, and allowing them (or requiring them) to offer an amount that they think each site is worth. Amending Resolution: By Commissioner Goldsmith: Seconded by RESOLVED, That the proposed food truck policy be amended to allow the two existing grandfathered hot trucks to be auctioned off, with the City of Ithaca accepting bids above a stipulated amount. Director of Engineering West stated that the Board could set up an auction system, as proposed by Commissioner Goldsmith; however, it would apply to only one of the two grandfathered hot truck sites. One vehicle does not move (cannot move) so it begs to question where it really is a "mobile vending site". It is a fixed structure on a public street. Each location does have a vending site associated with it in the new policy which would be included in the lottery. If the City did decide to auction both those sites, as proposed, it would really change the protocol for all the locations; make the policy very inconsistent, and make it seem the spot is much more valuable than all the other locations. Mayor Myrick questioned whether or not the Board of Public Works could allow Louis’ Hot Truck to remain where it is since it is not able to move. Could it be grandfathered and allowed to stay in its spot on Stewart Avenue, and allow that spot to become part of the lottery. Commissioner Darling responded that he would be happy to grandfather that location for this year only. However, it would have to meet all the other requirements because the food truck policy has to be uniform. He noted that the grandfathered question got this whole new food truck policy started. He feels that it is up to the owner of Louis’ Hot truck to make a decision as to how they want to proceed in the proposed food truck program. Commissioner Acharya voiced some of his trepidations about grandfathering in the existing food trucks and doesn’t feel right about it. He doesn’t support the proposal to auction the sites either. The City doesn't actually know which sites are in fact going to be the hot spots. It could turn out that some site not used now is really hot - there are unknowns, and it would be interesting to see in a year where those sites are and think about an auction at that time. Board of Public Works Meeting Minutes January 27, 2014 3 Commissioner Goldsmith responded that he would be happy to have his proposal die for lack of a second. He thought those sites were the most profitable or high volume sites. Executive Assistant Gehring stated that the owners of the current hot trucks were sent a letter in 2001 from then Mayor Alan Cohen providing approval from the City for use of those two sites for food trucks. The letter did indicate that the City reserved the right to terminate the agreement with six months written notice. A letter was mailed on January 24, 2014 giving the owners of the hot trucks six months notice. So, this proposal would not affect those two trucks until July 2014. Commissioner Goldsmith stated that the matter of an electric connection at the proposed sites is interesting. For many mechanical and environmental reasons (including noise) a connection to the grid is far preferable to a separate generator. Generators are always noisy, they pollute the immediate area, and he would prefer no generators on any food truck anywhere. Director of Engineering West noted that this proposed food truck policy is an expansion of the use of city property for private use policy, and would raise other questions - like why not a water service and a sewer connection. It is not consistent with the City's rule about use of private utilities in public right-of-way - which is not to allow them. If Board feels that is a direction to go, then the City could consider options to vendors and allow them to contract with NYSEG to install a pole in the right-of-way at their own expense. The City would need to adjust the food truck fee schedule. He further noted that the newer food trucks have much quieter and cleaner generators than previously. If the Board wants to permit this kind of activity it could. Supt. Thorne stated the he worked in a City that allowed food trucks. He further stated that 15 food trucks would line up near the building where he worked, and you couldn’t tell they had generators. The generators were quiet, didn't smell, and the public wasn't even aware of their use. Mayor Myrick noted that as with any new policy the City needs to be flexible and willing to make adjustments where needed in the future. Commissioner Morache agreed that if there is a problem with any part of the policy the Board can always review and revise it. He wondered whether, at the grandfathered sites, if the vendor wanted to install an electric pole, and place it where the city wants it to plug into, could the City meter it and bill the vendor for the use of the electric. Director of Engineering West responded that is a very logical proposal and a great idea --- if the City wants to make that kind of investment in those sites. Commissioner Darling reminded everyone that the proposed policy indicates that the Board of Public Works will review it in a year. If changes need to be made, they can be made then. A Vote on the Resolution Resulted as Follows: Carried Unanimously DISCUSSION ITEMS There were no discussion items placed on the agenda. ADJOURNMENT: On a motion the meeting adjourned at 5:15 p.m. Sarah L. Myers Svante L. Myrick Information Management Specialist Mayor