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HomeMy WebLinkAboutMN-BPW-2014-03-24BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. March 24, 2014 PRESENT: Mayor Myrick Commissioners (6) - Jenkins, Darling, Morache, Warden, Goldsmith, Acharya OTHERS PRESENT: City Attorney - Lavine Superintendent of Public Works - Thorne Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Fleming Information Management Specialist - Myers Director of Engineering – West Transportation Engineer – Logue EXCUSED: 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 announced that the City of Ithaca is Co-Hosting with the New York State Governor’s Office the “Southern Tier Citizen Preparedness Corps Training Program”. The training program will take place on Saturday, March 29, 2014, at 11:00 a.m. at the Statler Hall Auditorium, Cornell University. The program is open to the public and seeks to provide citizens with the tools and resources to prepare for emergencies and disasters, respond accordingly, and recover as quickly as possible to pre-disaster conditions. Each family that attends will receive a NYS Disaster Preparedness Kit that contains key items to assist individuals in the immediate aftermath of a disaster. The state training and kits will help New Yorkers be the most-trained and best-prepared citizens in the country. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: James Kerrigan, Retired City Court Judge, addressed the Board regarding the upcoming retirement of City Court Judge Judith Rossiter on June 6, 2014. She has been City Court Judge for 20 years. He met her and became aware of her many positive accomplishments in the community when he was appointed as the other City Court Judge. In recognition of Judge Rossiter’s many years on the bench and accomplishments in the community, he would like to propose renaming the City Court building as the “Judith Anne Rossiter City Court Building”. He will bring the list of reasons for the request that will make it non-controversial to the Board’s meeting in April. So, far the response to the idea has been very positive, which is saying something considering the incredibly diverse population of the City. Her inclusiveness and skill as a judge, in bringing together so many different elements in the community, is just one of her many accomplishments. RESPONSE TO THE PUBLIC: Mayor Myrick responded that he appreciates the thought of renaming the City Court Building, and will place the request on the Board’s agenda for discussion at their April 7, 2014 meeting. Mayor Myrick stated that if any Board members had thoughts or suggestions on the proposal to let him know, and he will connect them with Mr. Kerrigan. REPORTS: BPW Liaison Reports: Commissioner Acharya reported that there would be a Planning and Development Board meeting on Tuesday, March 25, 2014 at 6:00 p.m. There is an item on the agenda regarding a proposed Cornell Heights project that has triggered a lot of discussion in the neighborhood. Board of Public Works Meeting Minutes March 24, 2014 2 Staff Reports: Supt. Thorne reported that work on dredging of the Cayuga Inlet has become a bigger issue, which staff is working on with the NYS Department of Environmental Conservation to address some of the issues. There is progress on the Six Mile Creek dredging project, and they are close to obtaining the necessary permit to begin work. Supt. Thorne further reported that another dredging item concerns the need for a dam analysis for the 30’ and 60' dams. A decision will need to be made within the next couple of months as to whether or not to keep the 30' dam or dismantle it due to the amount of sediment behind it. The 60' dam needs repairs and there is also lot of sediment behind it. The City may want to start looking at hiring dredging consultants to assist in the evaluation and decision on what should be done with the two dams. Asst. Supt. Whitney reported that there has been more than the usual amount of water main breaks recently -- 2 to 3 a week rather than 2 to 3 a month. The repair work has been difficult due to the depth of frozen surfaces that need to be thawed in order to access the affected pipes. Crews have been running the extra large diameter hose the City purchased with two different pump systems to get the warm, treated, effluent water up Cascadilla Creek. This has worked well and helped to clear out the ice in the creeks so the water can flow easily. The City now has the supplies on hand to deploy at anytime to use to thaw frozen, ice packed creeks. They are also looking at running a pipe parallel to Route 13 between Fall Creek and Cascadilla Creek to help mitigate ice jams in the future. He further explained that the City provided a dam analysis to NYS DEC for the 60’ dam that included a schedule for mitigation of problem areas; that same analysis is now due for the 30' dam this year; next year it will be due for Van Netta dam. He stated that the City will hire dam consultants to do the analysis on the dams, and in the relatively near future some big decisions will need to be made about whether or not to continue the use of either dam, and how to proceed. A lot of the work will need to be coordinated with the rebuilding of the water plant as well. Commissioner Goldsmith questioned how much of the dam analysis/work is budgeted within the Water Plant Rebuild Project? Asst. Supt. Whitney responded that none of the dam work has been budgeted; only the dredging was -- not the dam stability analysis. Asst. Supt. Benjamin reported that crews have been busy with removing ice in the creeks to keep water flowing. They brought in a long reach excavator to use behind The Haunt - just in case. They are also working to get warm treated effluent water up Cascadilla Creek, which has been very effective in keeping the ice from building up. The area between Madison Street and Hancock Street is the area of biggest concern right now due to the large heavy chunks of ice creek. Crews were interrupted in this work with the mid week snow storm last week. Fortunately, crews from the Water and Sewer Department helped patrol the creeks while the crew from Streets and Facilities worked on the roads to remove snow. Crews are also working to open up the Jungle area by clearing brush and other debris in an effort to provide better access for emergency vehicles. They’re hoping that by opening it up more that it will also discourage its use to as a camping area. They want to complete the work before the warmer weather brings in new residents. City Attorney Lavine explained that there are still a lot of issues and paperwork to resolve with the railroad before the City can proceed with the work in the Jungle area. He hopes that everything will be settled by next week so that crews can begin work. A brief discussion followed on the floor regarding the Jungle project. The City wants to provide access for emergency vehicles, clear it out so that it is more visible, and so the City has easier access to mow that side of the inlet. The City hopes to discourage people from using the Jungle to live in, and encourage them to use the services and housing options available to them in the community. Board of Public Works Meeting Minutes March 24, 2014 3 Director of Engineering West reported that the Commons project is underway again. The contractors are currently installing Telecom vaults. The project team is working to cut back on some of the costs that were in the bid documents for the project that will still deliver a similar project very close to the one put out to bid. Those negotiations should be completed next week. He further reported that the 5 traffic signal project for downtown on either end of Commons and 3 signals on Court Street is out to bid; bids are due by April 9th. He stated that a couple contractors came out to give a bid for removal of the pigeon droppings on the roofs of the buildings in Stewart Park. That work will begin when the weather is warm enough to have running water at those buildings. In addition, staff is working on a grant application for next round of TIGER grant money. The proposed projects include the re-paving of Stewart Avenue, College Avenue, Albany and Cayuga Streets as well as upgrades to the TCAT facility. A brief discussion followed on the floor regarding the proposed changes for the Commons Project to help reduce costs, and whether the Sasaki Team will be able to provide a revised project, similar to what was proposed at a lower cost. Director of Engineering West explained that the Commons project team is negotiating with the contractor to find substitute materials or procedures that would reduce the cost of the project. For example installation of concrete pavers rather than granite, and in standard colors as opposed to custom colors. He stated that the Sasaki Team is very concerned about the cost for the project running over the budget because their reputation is on the line. HIGHWAYS, STREETS, AND SIDEWALKS: Appeal of Snow Removal Bill for 411 Cascadilla Street - Resolution By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 411 Cascadilla 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 Appeal of Snow Removal Bill for 709 North Cayuga Street – Resolution By Commissioner Warden: Seconded by Commissioner Jenkins WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 709 North Cayuga 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 Board of Public Works Meeting Minutes March 24, 2014 4 Approval of Schedule of Assessments Constituting the 2014 Sidewalk Assessment Roll - Resolution By Commissioner Acharya: Seconded by Commissioner Darling WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair, and WHEREAS the Board of Public Works is responsible for recommending to the Common Council a budget and schedule of work for each SID district for each fiscal year, following a public hearing, and WHEREAS the Board has received a proposed SID assessment roll, budget, and schedule of work for Fiscal Year 2014, and WHEREAS the City provided public notice of the SID assessment roll, budget, and schedule of work in March 2014, and WHEREAS owners of assessed properties were provided an opportunity to file written objections with the City Clerk, and present evidence to the Board at a public hearing on March 17, 2014, and WHEREAS the Board has given due consideration to the objections, if any, presented by the property owners in accordance with Section C-73, now, therefore, be it RESOLVED, That the Board recommends, subject to amendment and approval by the Common Council, the 2014 budget and schedule of work attached hereto, and be it further RESOLVED, That the Board finally approves the schedule of assessments constituting the 2014 assessment roll attached hereto, which roll the City Attorney shall on behalf of the Board file with the Common Council in the form of an upcoming Committee agenda thereof, and which roll shall thereafter be confirmed, as amended, by the Common Council by local law after a public hearing, creating a lien upon the real property so assessed. Carried Unanimously PARKING AND TRAFFIC: A Resolution to Grant Hardship for 109 Parker Street for the Residential Parking Permit System By Commissioner Darling: Seconded by Commissioner Morache WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June 9, 2004 and amended on March 24, 2014, for implementation of the Residential Parking Permit System (RPPS), which was established by Common Council on May 6, 1998 after an act of the New York State Legislature, and WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the BPW regulations, the BPW may grant hardship requests, and WHEREAS, on March 10, 2014, the Board of Public Works reviewed and was in general agreement the request from Mr. Einstein and the recommendation from staff, now, therefore be it RESOLVED, That the Board of Public Works hereby grants residents of 109 Parker Street the ability to purchase permits for the Residential Parking Permit System, in accordance with the above-mentioned regulations. Carried Unanimously Board of Public Works Meeting Minutes March 24, 2014 5 A Resolution to Amend the Regulations for the Residential Parking Permit System By Commissioner Acharya: Seconded by Commissioner Morache WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June 9, 2004, for implementation of the Residential Parking Permit System (RPPS), which was established by Common Council on May 6, 1998 in accordance Section 1640-e of the New York State Vehicle and Traffic Law, and WHEREAS, in accordance with Section 260-3 of the City Code, the BPW shall establish rules and regulations for the designation of residential parking permit areas and the issuance and use of residential parking permits, and WHEREAS, the Board of Public Works, on June 9, 2004, adopted a set of Residential Parking Permit Regulations, and WHEREAS, the City Clerk has recommended modifications to the regulations to clarify certain rules about permit issuance and use, among other things, and WHEREAS, the BPW is in agreement with the proposal, now, therefore be it RESOLVED, That the Board of Public Works hereby adopts the Residential Parking Permit System Regulations as proposed by the City Clerk and dated March 24, 2014. Carried Unanimously CREEKS, BRIDGES AND PARKS: Recommendation of Funding to Treat the Tree Infestation in the City Cemetery - Resolution By Commissioner Goldsmith: Commissioner Morache WHEREAS, the City of Ithaca Cemetery has 128 Eastern Hemlock trees, some of which date back to the creation of the Cemetery, and WHEREAS, the Hemlock Wooly Adelgid is a non-native invasive insect which can cause death of native Eastern Hemlock trees in four years or less, and infestation of many of the trees in the City Cemetery has been confirmed, and WHEREAS, there is no known natural resistance to the insect among Eastern Hemlock trees in the North Eastern United States and the infestation of the trees in the City Cemetery would result in the eventual death of all the hemlock trees there, causing a substantial environmental and cultural loss to the city, and WHEREAS, there are pesticide treatment options that have shown to be effective in reducing the infestation of these insects and allowing for the recovery of the infested tree, and WHEREAS, the City Forester recommends a treatment of the hemlock trees in the City Cemetery using a combination of dinotefuran and imidacloprid applied directly to infested trees to reduce the infestation and protect the trees for seven or more years, and WHEREAS, the infestation will be monitored on an annual basis and treatment may again be needed in seven or more years, and WHEREAS, the treatment plan will cost approximately $9,000 with $3,000 coming from the 2014 budget to pay for a portion of the treatment plan, WHEREAS, the Board of Public Works has reviewed the information provided by the City Forester, now therefore be it RESOLVED, That the Board of Public Works hereby recommends that Common Council authorize funding the treatment of the Eastern Hemlock trees located in the City Cemetery, in an amount not to exceed $6,000, to extinguish the Hemlock Wooly Adelgid infestation. Carried Unanimously Board of Public Works Meeting Minutes March 24, 2014 6 Endorsement of the Forestry Master Plan for the City of Ithaca - Resolution By Commissioner Darling: Seconded by Commissioner Morache WHEREAS, the City of Ithaca has a progressive, proactive and comprehensive urban Forestry Program, which has been awarded Tree City Recognition for more than 25 years and the Tree City Growth Award for more than 15 years, and WHEREAS, the City of Ithaca places a high value on the health of the urban forest and all the environmental, cultural and economic benefits it provides to the city and its residents, and WHEREAS, the City of Ithaca has had a Forestry Master Plan that was last updated in 1996, and WHEREAS, the City of Ithaca’s Shade Tree Advisory Committee (STAC), with guidance from the City Forester, recently updated the Forestry Master Plan to include an analysis of the City Street Tree Inventory as well as recommended arboricultural guidelines, and WHEREAS, this analysis shows a steady increase in the quality and health of our urban forest and will help to inform future decision making within the urban forestry program, and WHEREAS, the guidelines will guide work involving city trees by city staff as well as private entities working on or near city trees. These guidelines include specifications for protecting trees during construction, site preparation for new planting sites, appropriate tree spacing and planting techniques, and proper construction of tree lawns, tree pits and parking lot planting islands. The specifications will ensure survival of existing trees and establishment and success of newly planted trees, and WHEREAS, the Board of Public Works has reviewed the Forestry Master Plan, now therefore be it RESOLVED, The Board of Public Works acknowledges the time and effort that was committed to the revision of the Forestry Master Plan, Inventory & Guidelines for Public Trees put forth by city staff and the Shade Tree Advisory Committee, and be it further RESOLVED, The Board of Public Works hereby endorses the document entitled “Ithaca’s Trees: Master Plan, Inventory & Arboricultural Guidelines for the Public Trees of the City of Ithaca, New York” dated February 2014, and be it further RESOLVED, The Board of Public Works supports the advancement of this document to seek endorsement by Common Council as well as the presentation of this document to the Planning and Economic Development Board and eventual inclusion of appropriate portions of the guidelines into the Site Plan Review Criteria. Carried Unanimously DISCUSSION ITEMS: Request for Lease Agreement for a Community Garden on Floral Avenue: Cornell Cooperative Extension has submitted a proposal for a new community garden site on city-owned property located on Floral Avenue along the Flood Control Channel. Discussion followed on the floor regarding what DPW’s need is in the area, which is to be able to mow parallel to the inlet about 15’ to 20’ from the bank – this would not leave a lot of room for the garden area. The garden could be longer if need be to account for the amount of area DPW needs to mow. Mayor Myrick stated the Board needs to determine if there is a public works use for land. If it determines that there isn’t, then Common Council will need to approve the use of the land and then enter into a lease, settle on a fee and so forth. The Board encouraged staff to reach out to Cornell Cooperative Extension to discuss the request further as well as the amount of space they would like for a garden. In general, most Board members supported the request. A brief discussion followed regarding whether or not accommodations would need to be made for parking for those community members who use the garden. Board of Public Works Meeting Minutes March 24, 2014 7 Appeal of Snow Removal Bill for 214 North Plain Street The Board reviewed the request and determined that since the City did the work, the property owner is responsible for the bill. The Board requested that staff prepare a resolution for a future agenda that will deny the appeal. House at 967 East State Street: Bill Gray joined the Board for the discussion of this topic. He explained that this house has been for sale for the past three years, and recently went on the market again for sale. Commissioner Achayra noted that the Board received letters from neighbors that expressed concern about the use of the property. He wondered if they have been resolved or are the same issues ongoing? Alderperson Fleming responded that the concerns are still there; a public meeting was organized in the Fall at GIAC by Alderperson Brock and both staff and neighbors were there. Some of the concerns include: neighborhood integrity and truck traffic; although it was noted that there would always be truck traffic on that street since it is NYS Route 79. NYS Route 79 is the main east-west highway into and out of the City of Ithaca. Alderperson Fleming noted that she is ambivalent about what to do with the property. She understands how it would make sense to utilize it as the water plant is rebuilt as a construction office. On the other hand, residents who bought houses there knew they were near a water plant. She also feels that it would be regrettable to take the house off the property tax rolls. She further noted that Alderperson McCollister (3rd Ward) is opposed to the use of the property as a construction office during the water plant rebuild project. Mayor Myrick stated, as a former representative for that area (4th Ward), he prefers the option of buying the property for use as the construction office during the rebuild of the water plant, but would not support its removal which would result in a vacant lot. Commissioner Goldsmith noted that a public hearing has been proposed so the public can express themselves to the Board on the options being considered – which are: buy the property to use as the construction office during the rebuild of the water plant, then sell the house for private use after that, or demolish the property. Despite the change and configuration along East State Street, and loss of property tax if taken off the tax rolls, there may be compelling reasons to have trucks use that property as the main entrance to the water plant. Both he and Mayor Myrick supported the scheduling of a public hearing. Commissioner Morache reiterated the two issues for the Board’s consideration are: 1. Buy the house, and use as the construction office which will save the City $2 million dollars; and 2. Will it be used for a truck entrance after the water plant has been rebuilt? He feels that it makes sense to buy the house as the base/construction office. Bill Gray explained that City staff met with the public/neighborhood so they were aware of proposal. He stated that if the Board were to go back 5 years to the original meetings regarding the rebuild of the water plant and redevelopment of existing site that the residents that showed up then were the Water Street residents that are face-to-face with the current driveway and water plant. They suggested the driveway into the Water Plant be reworked so traffic would take a different approach since the grade of the driveway there is not easy. He would also support inviting neighbors and the public to a hearing so they provide input on the proposal to the Board. He has been asked if the Board has the right to the purchase property; the Board is given that authority in the City of Ithaca Charter. However, Common Council has reserved the right to oversee actions taken by the Board of Public Works. The original idea was to purchase the property for construction purposes since it is a very tight construction site. It would be well worth the time and money to the City to utilize as the construction office. The current owners bought the house for their daughter who was going to Cornell University. They would be Board of Public Works Meeting Minutes March 24, 2014 8 happy to sell the property to the City since they have been trying to sell it for the past four years; with no success due to the Novarr Project. Commissioner Warden stated that if he recalls correctly, for a permanent use of this property and access, there were convenience and safety issues for trucks coming and turning around because right now the right-of-way is too narrow for that type of use. Bill Gray responded that the turning radius on Water Street is not ideal - although delivery with larger trucks is currently being done there. It is hard for trucks to get onto Water Street because the houses are so tight to the street. City Attorney Lavine noted that when and if the City were to sell the property, if it is purchased for use during the construction of the water plant, that sale would be subject to Common Council approval. The Board of Public Works can acquire property but not sell it. The City would use funds already appropriated for the water plant rebuild project to purchase the property. In addition, the theory that the City would see significant savings by doing so will be put to the test. Bill Gray reported to the Board, since budgets can be unpredictable, that the purchase of the property will save money because the City would have to pay for the use of construction trailers at a cost of $1,200 a month per trailer. It is also possible that the City won’t know until bids for the water plant rebuild are submitted in June/July where the budget stands. He just wanted to say now that the budget discussion is independent of this discussion. Mayor Myrick supported that statement especially in light of the analysis and work needed on all 3 city dams. He will meet with Bill Gray, and staff to review and discuss the project. Commissioner Acharya noted that he is sort of ambivalent about the proposal. He would like to see the City think about the totality of project rather than savings. One of Alderperson McCollister’s potential concerns, which both he and Mayor Myrick share, is that if the house is removed, the City would be creating a corner where there is nothing left there. So, it is important, if the City moves forward with that idea, that there is something there to replace the house that would include some sort of streetscape design. Supt. Thorne stated that it would be good to see a couple renderings of what a new driveway would look like if the property were demolished. The Board supported that idea noting that East State/Martin Luther King Jr. Street is a very nice foliaged street, and the area would also need a sidewalk and curb. He also noted that the decision as to whether or not to tear down the house does not need to be made until next year. The final decision on ownership can be made at a later date as well. Alderperson Fleming asked what the logistics of the City purchasing a house that is currently for sale on the public market; the price can't be public, can it? City Attorney Lavine responded that the Board and/or Common Council would be entitled to an executive session with counsel for those discussions; or it could make the statement that it is only willing to pay fair market value for the property. Commissioner Darling supports the purchase of the property for use as the construction office during the water plant rebuild project. After construction is complete the Board can make a decision as to the permanent use of the property. In the short term, it doesn't matter what we do in the end, and there is no need for a public hearing to on the proposal to use the property as the construction office. A public hearing can be held after that use is no longer needed. He would support purchase of the property for construction purposes, and continued discussions on the future use of the property. Discussion followed on the floor as to when the public hearing should be held. One date proposed was April 7, 2014 at 6:00 p.m. after the Board’s regular meeting. Bill Gray asked whether the Board might feel comfortable providing direction to the Superintendent of Public Works and City Attorney after the public hearing is held about moving forward with the purchase of the property? Board of Public Works Meeting Minutes March 24, 2014 9 Commissioner Goldsmith responded that he would like the purpose of the public hearing stated, which is temporary use of the property as a construction office during construction of water plant, to clarify for the public why it is being held. Bill Gray noted that if the Board is comfortable, after public hearing on April 7th, then approving a resolution then would be good. He suspects the purchase offer and contract can't be entered into without the Boards' vote. Asst. Supt. Whitney stated that he will need a little time to develop the bid specs with the engineers for the project (O’Brien & Gere) for use of that property as a construction office; and to demonstrate to the Board what the cost savings would be for use as the construction office versus the cost of construction trailers. The Board agreed to hold its regular meeting on April 7 (the first Monday – rather than the second) with the public hearing to begin at 6:00 p.m. Then, if needed, it will meet on April 14th. Otherwise, the next meeting of the Board could be either April 21 or the regular meeting date of April 28th. ADJOURNMENT: On a motion the meeting adjourned at 6:25 p.m. Sarah L. Myers Svante L. Myrick Information Management Specialist Mayor