HomeMy WebLinkAboutMN-BPW-2012-02-27BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:50 p.m. February 27, 2012
PRESENT:
Mayor Myrick
Commissioners (6) – Acharya, Darling, Goldsmith, Jenkins, Leccese, Morache
OTHERS PRESENT:
City Attorney – Lavine
Superintendent of Public Works – Gray
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Common Council Liaison – Fleming
Executive Assistant – Gehring
EXCUSED:
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Gray requested the addition of item 8.4A. entitled “Award of Bid for the Lease of 25 Golf
Carts and 1 Utility Cart.”
No Board member objected.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications at this time.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
John Schroeder, City of Ithaca, addressed the Board in support of keeping the hot trucks in
business on Stewart and Thurston Avenues. He explained that he was involved in the site
plan review and assisted in determining the location for the Hot Trucks. He further stated that
the hot trucks are a part of the city’s history.
Bruce Roebal, 104 Worth Street, addressed the Board regarding his sidewalk assessment
appeal and discussions the Board previously held regarding his appeal. He read a letter that
he distributed at the beginning of this meeting regarding the reasons for his appeal.
Lou Cassaniti, Sr., mobile food vendor on The Commons, addressed the Board regarding
mobile vending fees. He expressed frustration that discounts for vending fees are awarded to
vendors at Newman Golf Course and other locations outside of the Commons. He suggested
that the Board and City staff hold an open meeting to further discuss mobile vending in the city,
particularly on the Commons.
RESPONSE TO THE PUBLIC:
There was no response to the public’s comments.
REPORTS:
Parks Commission Report:
Dan Krall, Parks Commission Chair, explained that the Parks Commission is an advisory
committee to the Board of Public Works, and as such would be providing a monthly report to
the Board on the Commission’s concerns pertaining to city parks.
Commissioner Goldsmith thanked Mr. Krall for the Parks Commission’s efforts to keep the city
parks clean and attractive.
Superintendent and Staff:
Asst. Supt. Benjamin reported that the crews completed the back-fill for Stewart Park’s small
pavilion. Crews are currently working on the entrance to Black Diamond Trail in Cass Park.
Asst. Supt. Whitney reported that crews have reached 80% completion on the sewer main
installation on the Third Street Extension project. He further reported that there have not been
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any water main breaks so far this season, that hydrants are being tested throughout the city,
and the annual bid for pipes and materials will be advertised soon.
Supt. Gray explained that this winter has been extraordinary, making it possible for crews to
work on some construction projects early. He reported that the Engineering office has a
number of projects put out to bid including the City Hall Generator, and solar panels for the
Ithaca Youth Bureau and Cass Park buildings.
APPROVAL OF MINUTES:
Approval of the February 6, 2012, Board of Public Works Meeting Minutes – Resolution
By Commissioner Acharya: Seconded by Commissioner Jenkins
RESOLVED, That the minutes of the February 6, 2012 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS:
Stewart Avenue Reconstruction Project Presentation:
Supt. Gray explained that the electronic drawings for this project were e-mailed to an old list of
Board members, and have since been resent to current members electronically. Therefore,
due to the lack of time for review of the drawings he suggested adding this topic to the March
5, 2012, meeting agenda to give Board members adequate time to review the documents. He
further stated that this project would be added to the department’s budget request for 2013 and
that applications for federal funding would be submitted as well.
VOTING ITEMS:
Buildings, Properties, Refuse and Transit:
Appeal of License Fee for “The Hot Truck” – Resolution
By Commissioner Morache: Seconded by Commissioner Darling
WHEREAS, the City of Ithaca has issued a bill in the Spring of 2011 for The Hot Truck, which
occupies space on a city street at the east curb line in the 600 block of Stewart Avenue for the
purpose of mobile vending of food, in a manner which is consistent with the provisions of
Chapter 170 "Use of Real City Property" of the City's municipal code, and
WHEREAS, the owner of The Hot Truck Inc. has appealed the bill to the Board of Public
Works on the basis that The Hot Truck was “grandfathered” at that location, and that he had
paid a substantial fee for goodwill (money above the cash value of the truck and its inventory)
under the belief that it represented his right to conduct business at that location, and
WHEREAS, the City has applied the provisions of Chapter 170 uniformly and has no reason to
believe that an exemption exists or could have been issued for The Hot Truck on Stewart
Avenue, now therefore be it
RESOLVED, That the Board of Public Works hereby denies the appeal of the 2011 permit fee
for the use of space along Stewart Avenue, and directs that the fee be collected before April 1,
2012, or with the fee for street use in 2012, whichever comes first.
Albert Smith, Hot Truck, Inc. owner, joined the Board for this discussion. He read a statement
to the Board concerning his reasons for the appeal.
Commissioner Acharya expressed his belief that there are two different issues related to this
appeal:
1. Whether someone should pay a license fee; and
2. Whether the City should allow hot trucks at all.
He further expressed his opinion that the City should charge a license fee, and that he does
not agree with the “unwritten policy” of discouraging hot trucks. He further asked what the
current hot trucks were “grandfathered in” for.
Commissioner Morache agreed that if a hot truck is located on City land, a permit/license fee
should be charged. He further stated that though the hot trucks have a great historical tradition
in the City, they still should pay for the permit to use City land.
Commissioner Goldsmith agreed with Commissioner Acharya, and added a third issue to
include in discussions of whether the City should modify the “unwritten policy” that discourages
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Regular Meeting
hot trucks. He stated that discussion of the third issue should including the Planning and
Development Board.
Mayor Myrick expressed his opinion that hot truck mobile vending should be allowed in the City
and suggested holding a discussion on the topic at a future Board meeting. Commissioner
Jenkins agreed.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Appeal of License Fee for “Louie’s Lunch” Truck – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Morache
WHEREAS, the owner of Louie's Lunch has appealed the 2011 fee for use of curb space along
the north curb of the 500 block of Thurston Avenue, adjacent to the intersection with Wait
Avenue, without an explanation or reason for the appeal, and
WHEREAS, the City has applied the provisions of Chapter 170 "Use of Real City Property" of
the City municipal code uniformly and has no reason to believe that an exemption exists or
could have been issued for Louie's Lunch on Thurston Avenue, now therefore be it
RESOLVED, That the Board of Public Works hereby denies the appeal of the 2011 permit fee
for the use of space along Thurston Avenue, and directs that the fee be collected before April
1, 2012, or with the fee for street use in 2012, whichever comes first.
Ronald Beck, owner of Louie’s Lunch,” joined the Board for the discussion of this item. He
read a statement to the Board that provided a history of his business and the permit provided
to him by former Mayor Cohen.
Commissioner Acharya explained that the resolution was not about whether the food truck
could operate or not; it was about charging a permit fee for the use of city land.
Supt. Gray stated that he was unaware of the permit and letter former Mayor Cohen provided
to Mr. Beck. He explained the new program that began with the modification of City Code
Chapter 170, “Use of City Real Property.”
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
Highways, Streets and Sidewalks:
Appeal of Sidewalk Assessment for 104 Worth Street – Resolution
By Commissioner Acharya: Seconded by Commissioner Goldsmith
WHEREAS, Bruce Roebal, owner of 104 Worth St, received a 2010 sidewalk assessment for
sidewalk work completed adjacent to his property, and
WHEREAS, Bruce Roebal received sidewalk defect notices in 2007 and 2009, and obtained a
street permit in 2009 to perform the work and completed some, but not all of the work on the
notices, and
WHEREAS, Bruce Roebal contested the bill for work done in 2010 to complete the repairs,
now therefore be it
RESOLVED, That the Board recognizes that City forces finished the sidewalk replacement
work in accordance with City specifications, and be it further
RESOLVED, That each protest reason was considered as shown in the Sidewalk Assessment
Protest Summary for this address, and the Board hereby denies the request to waive the
sidewalk assessment for 104 Worth Street.
Property owner, Bruce Roebal, joined the Board for the discussion of this topic.
Commissioner Acharya asked about the existence of a “Frequently Asked Questions” (FAQs)
document related to the sidewalk program and whether it is provided to all property owners
that receive a Notice of Defect. Asst. Supt. Benjamin responded that an FAQ document does
exist and question #5 explains exactly what the property owner is required to repair.
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Discussion followed on the floor regarding the FAQs, the legal discrepancy alleged by Mr.
Roebal, and whether the letter provided to property owners was in compliance with the law.
A Vote on the Resolution Resulted as Follows:
Ayes (6) - Acharya, Darling, Goldsmith, Jenkins, Leccese, Morache
Nays (1) - Myrick
Abstentions (0)
Carried (6-1)
Creeks, Bridges, and Parks:
Award of Bid for the Lease of 25 Golf Carts and 1 Utility Cart – Resolution
By Commissioner Jenkins: Seconded by Commissioner Goldsmith
WHEREAS, Staff received bids for the lease of 25 Gas Powered Golf Carts and 1 Utility Cart
for a period of 3 years, and for an optional lease for 5 years, and
WHEREAS, the optional bid for a 5 year lease reflected a 15% savings over a 3 year lease,
and
WHEREAS, the apparent low bidder meets all of the minimum requirements of the bid, and
WHEREAS, based on this savings, staff recommends a 5 year lease be awarded to the
apparent low bidder, now, therefore be it
RESOLVED, That the Board of Public Works hereby accepts staff’s recommendation to award
a 5 year Golf Cart lease of 25 golf carts and 1 utility cart to Nuttall Golf Car Inc. for the total
sum of $63,742.50, subject to the City Attorney’s satisfactory review.
Discussion followed on the floor regarding solar powered golf carts, the infrastructure that
would be required before the City could obtain these carts, the number of carts needed for the
course, leasing versus purchasing golf carts, maintenance of the carts, and the changes to the
course that would be necessary in order to construct the driving range.
Commissioner Goldsmith requested information about the financial benefits to privatizing the
golf course. Commissioner Morache mentioned that if the course was privatized,
administrative tasks and decisions could be made quickly (i.e. if the weather is unexpectedly
nice, the manager could make the decision to open the course). Mayor Myrick requested that
information about other municipal golf courses and how they are managed be provided to the
Board.
Further discussion followed on the floor regarding the downward trend in golf course
memberships, the income Newman Golf Course receives, how the driving range is anticipated
to assist in increasing the income, and efforts of the Friends of Newman organization.
A Vote on the Resolution Resulted as Follows:
Ayes (5) - Myrick, Darling, Jenkins, Leccese, Morache
Nays (1) - Acharya
Abstentions (1) - Goldsmith
Carried (5-1-1)
DISCUSSION ITEMS:
Appeal of Sidewalk Assessment for 402 South Plain Street:
Chris Malcolm, property owner, joined the Board for discussion of the item.
Asst. Supt. Benjamin explained that the newly replaced sidewalk began spawling over the
winter. The property owner has been given the following options to choose from:
1. Repair the sidewalk himself; or
2. City could replace the sidewalk and owner would pay the first assessment; or
3. Leave the sidewalk as is, knowing the sidewalk could need to be replaced sooner than
expected.
Mr. Malcolm explained that he was notified of his options by Asst. Civil Engineer Lynne Yost,
and that he had made the decision to repair the sidewalk himself. Supt. Gray stated that a
resolution to expunge the current sidewalk assessment and putting the property back in the
inspection cycle would be placed on the Board’s next meeting agenda. He explained that if a
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Regular Meeting
notice of defect is sent to the owner in the future, he would be responsible for repairing the
sidewalk. Mr. Malcolm stated that he understood.
Request for New Sidewalk in the 700 Block of Hancock Street:
Transportation Engineer Tim Logue joined the Board for the discussion of this item. He
reported that the Engineer’s office prepared a list of missing sidewalk throughout the city and it
little by little the list is growing shorter.
He explained the request for new sidewalk in the 700 block of Hancock Street and stated that
the first step to installing the sidewalk would be obtaining the Board’s approval, and then
scheduling a public hearing for receiving public comment.
Discussion followed on the floor regarding the locations of missing sidewalk within the City,
whose responsibility it would be to install the sidewalk and fees related to installation. Supt.
Gray stated that if the Board supports the proposed new sidewalk on Hancock Street, the
Engineering Office will determine the exact locations and cost estimates for each property
owner.
The Board generally supported the request for the construction of new sidewalk and requested
that a public hearing be scheduled.
Board Liaison Assignments:
Mayor Myrick explained that various boards and committees of the City require liaisons from
the Board of Public Works. Supt. Gray stated the City Clerk explained that appointing liaisons
was the Mayor’s prerogative, and that some committees need more communication with the
Board of Public Works than others. He asked if any of the commissioners would like to
volunteer for the liaison positions on the following boards/committees:
Discussion followed regarding the time commitment for the various boards and committees.
The following Commissioners (in bold) volunteered for most of the vacant positions:
Bicycle Pedestrian
Advisory Council Called As Needed TBD
Rob Morache 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
Disability Advisory
Council
1st Wednesday @
12:15 p.m.
Council Chambers,
City Hall
Jeanne Leccese Natural Areas
Commission
2nd Monday @ 5:30
p.m.
2nd Floor Conf. Rm.,
City Hall
Jeanne Leccese Parks Commission 2nd Tuesday @ 12:00
p.m.
Cornell Cooperative
Ext.,
615 Willow Ave.
Govind Acharya Planning &
Development Board
4th Tuesday @ 6:00
p.m.
Council Chambers,
City Hall
Public Arts Commission 4th Tuesday @ 5:00
p.m.
Community Arts
Partnership, Center
Ithaca
Mark Darling Youth Bureau Advisory
Board
2nd Tuesday @ 6:00
p.m. Ithaca Youth Bureau
Mayor Myrick thanked everyone for volunteering to serve in this way.
Cornell’s Notice of Defect:
Supt. Gray explained that a Notice of Defect was received from Cornell University, notifying the
City of the failing retaining wall under Forest Home Drive. He stated this emergency repair
work could cost up to $400,000 and may cause Forest Home Drive to be closed until it is
repaired. He explained the issues with the retaining wall and ways he tried to obtain funding
for repairs in the past. He stated that this project is fairly specialized and a consultant would
need to hired to provide recommendations to staff on what work is need and how the repairs
should be made.
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Commissioner Acharya expressed his opinion that this project is not one the City should be
spending this amount of money on as there are so many other repairs that need to be done.
He suggested the possibility of temporarily abandoning this road. City Attorney Lavine noted
that road abandonment is a very permanent process and there is no “temporary
abandonment.”
Supt. Gray explained that the City began the process of abandoning the street over 25 years
ago, but decided it would be better to rehabilitate with the financial assistance of the Town of
Ithaca and Cornell University. He stated there is concern for public safety due to the unsafe
state of the retaining wall now, and the road may need to be closed until it can be repaired.
Discussion followed on the floor regarding the type of rock in the cliff wall, aesthetics, and
possibly narrowing the road.
Treated Wastewater:
Supt. Gray explained that the informational article provided in the agenda was routinely found
in wastewater magazines, not the “New York Times.” He explained that the techniques
mentioned in the article are being utilized in western states so that no water is wasted. He
noted that the City of Ithaca has the advantage of using gravity in its water supply and the
noted techniques would probably not be used here.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:48 p.m.
Kathrin D. Gehring Svante L. Myrick
Executive Assistant Mayor