HomeMy WebLinkAboutMN-BPW-2014-03-10BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:49 p.m. March 10, 2014
PRESENT:
Mayor Myrick
Commissioners (5) – Acharya, Darling, Goldsmith, Jenkins, Warden
OTHERS PRESENT:
City Attorney – Lavine
Superintendent of Public Works – Thorne
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
DAC Liaison – Roberts
Executive Assistant – Gehring
City Forester – Grace
Transportation Engineer – Logue
EXCUSED:
Commissioner Morache
Director of Engineering – West
Common Council Liaison – Fleming
ADDITIONS OR DELETIONS TO THE AGENDA:
Commissioner Warden requested that in the future, the Board should not vote on discussion
items on the floor. Commissioner Acharya responded that a discussion was held at the prior
meeting. Mayor Myrick responded that regular process is to discuss items then hold a vote at
the following meeting and this board would attempt to follow that process.
Commissioner Jenkins requested the addition of a discussion about potholes under New
Business. No Board member objected.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications at this time.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Al Smith, owner of The Hot Truck, addressed the Board regarding his goal of finding a long
term location for The Hot Truck. His immediate concern was that he and Ron Beck, owner of
Louie’s Lunch, had been directed to disconnect from the electric poles at their locations, which
Cornell University had requested be installed years ago. He stated that without electric, the
businesses would have to close, as neither truck is set up to house generators.
RESPONSE TO THE PUBLIC
Mayor Myrick responded that at the last Board meeting, it was determined that the Board
would need to have further discussions regarding The Hot Truck and Louie’s Lunch and
whether exemptions should be allowed for those two food trucks. Until that determination is
made, Mayor Myrick suggested consenting to a stay of implementation to allow the trucks
continued use of the electric. Commissioner Acharya stated the whole idea of the new policy
was to facilitate having food trucks in the city and not to put people out of business.
Discussion followed on the floor regarding the noise volume of today’s generators, and the
discussions that were held when the policy was first considered. Mr. Smith stated that the first
Hot Truck had a generator, and at the request of Cornell University, an electrical pole was
installed. He further stated that neither The Hot Truck nor Louie’s Lunch were designed to
house generators.
Commissioner Darling commented that both trucks were “grandfathered” at their current
locations until July 1, 2014, at which time they would be required to participate in the lottery.
He further explained that the point of the policy was to create blanket rules for all food trucks
within the City.
Mr. Smith stated that Cornell University had installed the electrical poles as part of an
environmental relief initiative, but that both trucks pay for their own electric services. The
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Regular Meeting
Board generally agreed to postpone the implementation of the requirement that both trucks
disconnect from the electric at their locations. Mayor Myrick suggested that both food trucks
be reviewed prior to the next Board meeting on March 24, 2014, to determine whether a
“grandfathered” status for those trucks is warranted.
REPORTS
Superintendent and Staff
Supt. Thorne reported that discussions are being held with NYSDEC regarding the dredging of
the inlet. The biggest issue seems to be where to put the dredges. Hopefully, there will be
more answers within the next couple of weeks.
Asst. Supt. Benjamin reported that crews had to replace a culvert at the golf course; he was
involved with working on options for odd/even parking; crews were getting sweepers ready for
spring cleaning; and talks were in process with Maguire about an easement to allow the City
access to the Jungle area. He further stated that 58 tons of cold patch material had been
purchased so far this winter to fill potholes in the City, and more will be purchased soon.
Discussion followed on the floor regarding obtaining an easement from the owners of the new
development proposed for the Johnson’s Boatyard site located along Cascadilla Creek and the
Inlet to allow public access to the waterfront.
Asst. Supt. Whitney reported that water services had been installed; valves were being
replaced; underground water services were freezing; crews were working with Collegetown
Terrace crews to flush the lines; the Elm Street Tank was being prepared to go back online;
and crews were completing preliminary project work for the new Water Treatment Plant.
ADMINISTRATION AND COMMUNICATIONS:
Board Liaison Assignments for 2014
Mayor Myrick asked the Board
Commissioner Darling expressed a desire to be removed from the Youth Bureau Advisory
Board and volunteered to attend the Natural Areas Commission. Commissioner Goldsmith
volunteered to participate in the Parks Commission. Commissioner Warden expressed a
desire to attend the Youth Bureau Advisory Board, if his attendance is not a conflict of interest
because he teaches at the Youth Bureau. Commissioner Darling also volunteered for the
Commons Advisory Board. Mayor Myrick stated he would ask Commissioner Morache if he
would be willing to attend the Public Arts Commission meetings.
Discussion followed on the floor regarding the necessity of having a Board member participate
on the Disability Advisory Council since Larry Roberts is the Disability Advisory Council liaison
to the Board.
Rob Morache Bicycle Pedestrian
Advisory Council
3rd Monday @ 5:30
p.m.
2nd Floor Conf. Rm.,
City Hall
Mark Darling Commons Advisory
Board
1st Friday @ 8:30
a.m.
Council Chambers,
City Hall
Claudia Jenkins Conservation
Advisory Council
2nd Monday @ 7:30
p.m.
3rd Floor Conf. Room,
City Hall
Larry Roberts? Disability Advisory
Council
1st Wednesday @
12:15 p.m.
Council Chambers,
City Hall
Mark Darling Natural Areas
Commission
1st Tuesday @ 5:30
p.m.
3rd Floor Conf. Rm.,
City Hall
Bill Goldsmith Parks Commission 2nd Tuesday @ 12:00
p.m.
Cornell Coop. Ext.
615 Willow Ave.
Govind Acharya Planning &
Development Board
4th Tuesday @ 6:00
p.m.
Council Chambers,
City Hall
Rob Morache? Public Arts
Commission
4th Wednesday @
4:00 p.m.
3rd Floor Conf. Rm.,
City Hall
Dave Warden Youth Bureau
Advisory Board
2nd Tuesday @ 6:00
p.m. Ithaca Youth Bureau
Mayor Myrick thanked all Board members for volunteering to be liaisons on the above
commissions, boards and committees.
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Regular Meeting
Award of Contract for Construction Materials Testing Services for the City of Ithaca’s
2014 Construction Program – Various City Projects – Resolution
By Commissioner Jenkins: Seconded by Commissioner Acharya
WHEREAS, proposals were received on Tuesday March 4, 2014, for the Contract for
Professional Services for Construction Materials Testing Services, and
WHEREAS, CME Associates, Inc. located at 701B Chemung Street, Horseheads, New York,
14845, is the apparent low bidder with a bid not to exceed $74,918.00 for Testing and
Inspection Services, and
WHEREAS, it is the recommendation of the City’s Engineering Department that the contract be
awarded to the apparent low bidder, CME Associates, now therefore it be
RESOLVED, That the Board of Public Works hereby awards the Contract for Professional
Services for Construction Materials Testing Services for the 2014 Construction Program to
CME Associates, Inc. 701B Chemung Street, Horseheads, New York, 14845 for their
submitted low proposal of $74,918, and be it further
RESOLVED, That the Superintendent of Public Works be and hereby is authorized to enter
into and administer this contract.
Carried Unanimously
DISCUSSION ITEMS:
Forestry Master Plan Update
City Forester Jeanne Grace and Nina Bassuk, chair of the Shade Tree Advisory Committee,
joined the Board for the discussion of this item.
Ms. Bassuk explained that the Shade Tree Advisory Committee had been working to update
the inventory of city trees over the past few years. During that the process, the Committee
created “Ithaca’s Trees: Master Plan, Inventory, & Arborcultural Guidelines for Public Trees of
the City of Ithaca, New York,” which includes guidelines for planting, the different soils in the
region, and how to plant trees that fit specific areas. She requested the Board’s approval for
the Master Plan to be distributed to the public. She further noted that 99% of all public spaces
available for trees are now planted, whereas other cities are about 60% planted.
Mayor Myrick stated that an endorsement from the Board would be acceptable, and a
resolution to endorse the master plan would be provided for the next meeting on March 24,
2014.
Commissioner Warden expressed his enthusiasm for the proposed master plan.
Discussion followed on the floor regarding considering the location of utility lines, overhead
and underground, in order to minimize conflict between trees and access to the lines. Further
discussion followed regarding the policy that is followed by NYSEG employees when trimming
trees. City Forester Grace explained that Paul Paradine, the Forester for NYSEG, has to
contract tree trimming projects to the lowest bidder.
Commissioner Acharya asked about the process of determining which types of trees would
replace removed trees. Ms. Bassuk responded that a site assessment would be completed,
looking at the location, sun/shade issues, and other trees in the immediate area.
Discussion followed on the floor regarding the Shade Tree Ordinance and regulating trees on
private property. City Forester Grace explained that when a tree is removed, the property
owners are notified, and given an opportunity for input as to which tree should replace the old
tree.
Tree Infection in City Cemetery
City Forester Grace remained with the Board for the discussion of this item. She distributed
information about the infestation of the “Hemlock Wooly Adelgid” insect. She explained that
the insect attaches to the base of Hemlock tree pine needles and lives on the sap of the tree.
She noted that each female insect can lay up to 400 eggs each year; they are active in the
winter and hibernate in the summer. She stated that it takes about four years for this insect to
kill a Hemlock tree, and most of the trees in the City Cemetery are covered with the insect.
She explained the treatment plan she created includes several options:
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Regular Meeting
Do nothing and allow the insects to kill the trees;
Begin removing trees systematically, being careful about not damaging the
gravestones;
Release predator beetles that feed on the insect, which would take time to make any
significant impact;
Utilizing different pesticides to eradicate the insects. This option is recommended by
City Forester Grace.
City Forester Grace explained the different pesticides that could be used. To treat the entire
cemetery with pesticides would cost approximately $9,000, with another treatment in 7-12
years. She stated the application of the pesticides should be completed between May and
July due to the hibernation of the insect and weather conditions.
Discussion followed on the floor regarding funding the treatment of the Hemlock trees,
potential side effects from the use of pesticides, and other locations that are infested by this
insect, which includes the Six Mile Creek Watershed. City Forester Grace explained that
because Hemlock trees do not support pollinator insects, like bees, the pesticides have little
risk of being transported to other trees or foliage, and the chemicals that would be used would
target each individual tree.
The Board generally agreed with moving forward with the recommended option of applying
pesticides to exterminate the insect infestation. Mayor Myrick requested that a resolution be
provided for the Board’s next meeting that included funding information.
Residential Parking Permit System Hardship Request for 109 Parker Street
Transportation Engineer Tim Logue joined the Board for the discussion of this topic. Mayor
Myrick explained the request and noted Transportation Engineer Logue recommended
approval of the request. The Board generally agreed and requested that a resolution be
provided for the Board’s next meeting.
DAC Liaison Larry Roberts arrived at 6:03 p.m.
Appeal of Snow Removal Bill for 411 Cascadilla Street
The Board discussed the appeal and the costs for city to remove snow from sidewalks.
Commissioner Acharya expressed his opinion that the $50 fine was not enough to pay for the
removal of snow. Commissioner Goldsmith disagreed.
Discussion followed on the floor regarding clearing curb ramps and ensuring water drains
properly into storm sewers and does not back up, freeze, and build up again, causing
dangerous situations.
The Board generally agreed to deny the appeal, and requested a resolution for the Board’s
next meeting.
Appeal of Snow Removal Bill for 709 North Cayuga Street
Mayor Myrick explained the appeal, noting that the before and after photos do not look much
different. Asst. Supt. Benjamin explained that the plow would shave off the snow and ice to
make the sidewalk level, but if the ice is too thick, a heavy layer of salt would be applied.
Discussion followed on the floor regarding the number of sidewalks, by property, that are
cleaned each day after a snow event, increasing snow removal fines, and obtaining better
photos of sidewalks before and after they are cleared by city crews. The Board agreed to
discuss the fee structure for snow removal at a future meeting.
The Board also agreed to deny this appeal and requested a resolution for the next meeting.
DAC Liaison Roberts stated that the number of properties city crews clear has significantly
improved over the years, but the problem is the clearing of curb ramps. He believes property
owners on corners make a good faith effort to clear the ramps, but plows come by and fill in
the ramps again. He would like the City to develop a solution to this issue. He stated that
sidewalks are useless to him if the curb ramps are not cleared.
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Regular Meeting
Commissioner Warden suggested engaging youth through the Ithaca Youth Bureau to clear
the curb ramps after snow events. Discussion followed on the floor regarding clearing snow
and ice out into the streets.
Sidewalk District Update
Work Plan
Transportation Engineer Tim Logue joined the Board. He explained that a proposed work plan
for 2014 was published on February 25, 2014. Common Council recently amended the law
which will change some of the sidewalk assessments. He explained the notes that were
provided regarding individual districts, including feedback from residents. A broad budget was
provided; Transportation Engineer Logue explained the budget and what would be distributed
to residents. He noted the funding distribution between design and construction work. Each
district’s work plan will be different each year.
Discussion followed on the floor regarding the large amount budgeted for design in District 5 in
2014 which would assist with installing new sidewalk along Hector Street. Transportation
Engineer Logue noted that the amount listed in the budget is only 7% of that project estimate
to pay for design, scoping, surveying, etc.
Transportation Engineer Logue asked the Board to provide guidance regarding this sidewalk
program, such as setting priorities and specific funding distribution.
Discussion followed on the floor regarding whether the City should work mainly on large areas
of damage or spot repairs where there are small spots of damage, but the rest of the sidewalk
is fine. Commissioner Goldsmith suggested the City work on applying for grants to help cover
the costs of sidewalk replacement. He further asked about completing an analysis of
estimated costs between spot repairs vs. replacing entire street blocks at a time.
Transportation Engineer Logue noted a public comment meeting would be held Monday,
March 17, 2014, and the Board would be asked to adopt the work plan on March 24, 2014. He
explained that once the Sidewalk Program Manager is hired, more public outreach and input
on future work plans would be encouraged.
Sidewalk Work Credit
Transportation Engineer Logue explained the past work credit for sidewalks that have been
repaired in the past 20 years. A few applications for credit have been denied, so appeals are
being submitted to the Board. He stated that several homeowners hired a contractor that did
not acquire a work permit, which resulted in the owners being denied the work credit.
City Attorney Lavine joined the Board to explain that the local law explicitly included the
requirement that, to receive the credit, a permit must have been acquired prior to the actual
work being completed. The question is how to interpret the language of the law for allowing
retroactive permitting. He noted that an inspection would be made before any credits were
allowed.
City Attorney Lavine explained that the City Administration Committee had discussed, and
generally agreed to, allowing retroactive permits with a good fee structure. If the Board
agrees, some of the denied credit applications could be approved. He further noted that it is
the homeowner’s ultimate responsibility to obtain a permit prior to work being done on the
sidewalk.
The Board did not object to allowing retroactive permits on a case by case basis, with an
inspection. Transportation Engineer Logue stated that resolutions for the appeals would be
brought back to the Board for approval in early April 2014.
Supt. Thorne noted that retroactive permits would not be allowed for work performed without a
permit in 2014 if the credit is applied for in 2015 or later. Retroactive permits are only for work
that was completed prior to January 1, 2014.
Questions about work that was completed but not billed yet
Transportation Engineer Logue explained that sidewalk work was completed by the City in
2013, but had not yet been billed, including both new sidewalks construction and sidewalk
repairs. The options include treating the assessments under the old law and bill the property
owners, or fold the work under the new law and have the Sidewalk Improvement Districts
cover the costs. Commissioner Acharya responded that new sidewalk construction should be
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Regular Meeting
folded under the Sidewalk Improvement Districts, but the sidewalk repairs should be billed to
the property owners. Mayor Myrick agreed.
Discussion followed on the floor regarding sidewalk repairs that were completed in 2013.
Transportation Engineer Logue noted that those property owners that are presented with repair
bills would be eligible for sidewalk past work credits so they will get some of that money back.
He explained the adjustments to the budgets according to the Board’s decision.
The Board generally agreed to bill property owners for the sidewalk repair work. Mayor Myrick
suggested splitting new sidewalk construction costs between all of the Sidewalk Improvement
Districts and the property owners. The Board further agreed the 25% surcharge for the new
sidewalk construction should be billed to the Sidewalk Improvement Districts.
NEW BUSINESS:
Potholes
Commissioner Jenkins suggested a new program called “Adopt a Pothole” to allow the City to
accept donations for repairing potholes. Mayor Myrick asked her to research the cost of
repairing a pothole. The Board agreed to discuss this idea further at a future Board meeting.
ADJOURNMENT:
On a motion, the meeting adjourned at 7:11 p.m.
Kathrin D. Gehring Svante L. Myrick
Executive Assistant Mayor