HomeMy WebLinkAboutMN-BPW-2014-03-17BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 4:54 p.m. March 17, 2014
PRESENT:
Vice-Chair – Jenkins
Commissioners (5) – Acharya, Goldsmith, Morache, Warden
OTHERS PRESENT:
City Attorney – Lavine
Superintendent of Public Works – Thorne
Common Council Liaison – Fleming
Executive Assistant – Gehring
EXCUSED:
Mayor Myrick
Commissioner Darling
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Director of Engineering – West
DAC Liaison – Roberts
SPECIAL ORDER OF BUSINESS
Sidewalk Districts Proposed Work Plan Public Comment Meeting
Vice-Chair Jenkins began the meeting. City Attorney Lavine explained the meeting was
to hear public comment regarding the Sidewalk Program budget proposed by the
Engineering Department. He further stated the Board was welcome to discuss the topic
after the hearing was closed, but the vote would occur at the next Board meeting on
March 24, 2014.
Resolution to Open Public Hearing
By Commissioner Goldsmith: Seconded by Commissioner Morache
RESOLVED, That the public hearing regarding Sidewalk Districts Proposed Work Plan
be declared open.
Carried Unanimously
Bob Nobles, 112 East Falls Street, asked the Board several questions: Will $70 fee
continue every year? How much has been raised after the first tax collection? He said it
seems unfair that someone with 50 feet of frontage should have to pay the same
amount as someone on a corner lot. He further stated that 95% of sidewalk issues are
caused by city trees. He is also concern that there will be temptation for the City to
spend the money acquired by the sidewalk assessments on other things besides
sidewalks. He is scared because everything is going up in price.
Commissioner Goldsmith responded to Mr. Nobles to explain that the money from the
sidewalk assessment is escrowed, so the money will not be used for anything else.
Alderperson Fleming arrived at the meeting at 5:04 p.m.
David Nutter, member of the Bicycle and Pedestrian Advisory Council and City resident,
expressed his support of the sidewalk program. He requested information regarding
how the projected revenue for District 5 was calculated, why 300 feet of new sidewalk is
planned to be constructed on Chestnut Street when 115 feet of sidewalk already exists,
and the reason the new sidewalk planned for Cliff Street is expected to be so
expensive. He expressed his desire that constructing new sidewalks where there aren’t
any is preferable to repairing sidewalks that are still in pretty good shape. He said it
would be useful to fill the gaps between sidewalks.
Abby Eller, Belle Sherman resident, stated she repaired her sidewalk only a couple of
weeks prior to the new policy going into affect. She stated she is not opposed to
sidewalk change, but she is afraid she will not be able to stay in Ithaca because of the
rising costs. She paid several thousands of dollars to replace her sidewalk, but the
“rebate” will cover less than 1/3 of the cost. She believes the residents that were told to
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repair their sidewalks should have been notified the new policy was going to be put in
place.
Daniel Kehoe, Bicycle and Pedestrian Advisory Council Chair, expressed his concern
that the walkway along Cascadilla Park Road was not included in the Sidewalk District
Program. He stated the walkway was very useful for people living in Fall Creek to get to
Cornell University.
Cynthia Brock, First Ward Alderperson, stated that when she served on the Board of
Public Works, she participated in the sidewalk committee. One of the topics always
discussed about creating a new sidewalk policy was the fairness to people that repaired
their sidewalks. She asked several questions of the Board: How will changes be
implements? Would property owners of undevelopable lots be required to get a certified
letter from the Building Department? Would waivers be retroactive to the beginning of
the year? What impact do retaining walls have on the Sidewalk Program? She stated
that there are several areas of the city that have retaining walls leaning up against
sidewalks and can cause cracks soon after a sidewalk is replaced. She further stated
she is looking forward to a sidewalk being installed on Hector Street.
Resolution to Close Public Hearing
By Commissioner Acharya: Seconded by Commissioner Goldsmith
RESOLVED, That the public hearing regarding Sidewalk Districts Proposed Work Plan
be declared closed.
Carried Unanimously
Commissioner Goldsmith thanked the public for addressing the Board, and explained
that the subcommittee struggled to propose a reasonable fee. He stated that the City
decided not to include the Cascadilla Parkway walkway because the City could not
maintain it with machinery due to its terrain.
City Attorney Lavine responded to Ms. Eller’s comments, stating that at the time Ms.
Eller replaced her sidewalk in early 2013, the Sidewalk Taskforce was meeting, but was
not at a point that they could share any recommendations with City residents. It was
unfortunate timing, to say the least.
Discussion followed on the floor regarding requirements for new developments and
major remodels/new construction by property owners related to replacing or building
new sidewalks. Further discussion followed regarding needing a mechanism to accept
money from property owners/developers that want the City to build the sidewalk rather
than constructing it themselves.
Commissioner Goldsmith expressed his desire to require properties have adequate
sidewalks at the time properties are sold or changes hands. City Attorney Lavine stated
that the sidewalk ordinance would need to be amended to include that requirement. He
further noted that escrowing funds for sidewalk repair could be a possibility, but the
option would need to be placed in the site plan review ordinance, not the sidewalk
program ordinance.
Upon Commissioner Warden’s concern about obtaining comments from residents about
proposed work plans for future years, Supt. Thorne explained that once the Sidewalk
Program Manager is hired, that person would take comments and suggestions from the
community regarding prioritizing which sidewalks need to be replaced.
Transportation Engineer Logue noted that the proposed budget was simply a guideline,
and more information will be available once many of the sidewalk projects are designed.
Cost estimates and the amount of work required would not be fully determined until after
the projects are designed.
Discussion followed on the floor regarding comments made by the public. City Attorney
Lavine explained that under the new ordinance, any necessary work for the construction
of a particular sidewalk could include the repair or replacement of retaining walls.
Commissioner Acharya noted that, regarding people driving on sidewalks, there will be
more funds for enforcement under this new program; he agreed that bad sidewalks are
better than no sidewalks at all; and he asked about exploring the use of asphalt for
sidewalks in certain locations. Transportation Engineer Logue responded that the City
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Code specifies that sidewalks need to be made of concrete and identifies the type of
concrete that is required.
City Attorney Lavine responded to Mr. Kehoe that the sidewalk law specifies the only
sidewalks included in the Sidewalk Improvement Districts are those that run parallel to a
road or street. The Cascadilla Park Road Path does not meet those requirements, so it
will not be included in the Sidewalk Improvement Districts.
City Attorney Lavine responded to Mr. Nutter’s comment relative to why the expected
assessment for District 5 dropped drastically. He stated that because of the new
vacant/undevelopable lot rule, several properties were taken off the assessment list. He
further stated the non-developable lot amendment to the law would be retroactive,
though it would not go into effect until 2015. Property owners must apply to the City to
be determined as a non-developable lot.
Commissioner Warden left the meeting at 5:55 p.m.
Transportation Engineer Logue requested a decision from the Board regarding to the
costs for new sidewalks constructed on Hancock Street and Cornell Street in 2013.
After discussion, the Board agreed to split the costs for the new sidewalk construction
50% property owners and 50% Sidewalk Improvement Districts.
Transportation Engineer Logue agreed to provide amended work plans for Districts 2
and 3 for next Board meeting.
ADJOURNMENT
On a motion the meeting adjourned at 6:00 p.m.
Kathrin D. Gehring Claudia Jenkins
Executive Assistant Vice-Chair