HomeMy WebLinkAboutMN-BPW-2012-12-10BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:50 p.m. December 10, 2012
PRESENT:
Mayor Myrick
Commissioners (6) – Acharya, Darling, Goldsmith, Jenkins, Leccese, Morache
OTHERS PRESENT:
Superintendent of Public Works – Gray
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Common Council Liaison – Fleming
DAC Liaison – Roberts
Executive Assistant – Gehring
EXCUSED:
City Attorney – Lavine
ADDITIONS OR DELETIONS TO THE AGENDA:
Asst. Supt. Benjamin requested that Item 10.1, “Sidewalk Overview - Recap of 2012,” be
postponed to a future meeting.
No Board member objected.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications at this time.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Tom Hanna and Mark Babbage, Friends of Newman, addressed the Board to provide a short
report on the status of the golf course in 2012, and projections for 2013. Mr. Hanna thanked
City staff at the golf course for their work. He recognized that staff and volunteers worked hard
to increase revenues, including continuing the golf cart rentals. Friends of Newman estimate
over $218,000 in revenues for 2012, which is well above 2011 revenues.
Mr. Babbage expressed his opinion that it is very important to hire a golf course manager as
quickly as possible. He stated that there are many things could be going on now, including
work on the driving range and greens.
Dave Nutter, Bicycle and Pedestrian Advisory Council Chair, addressed the Board regarding
the intersection of East State and Mitchell Streets, to ask that the bike lane remain as it exists
on the outside of the intersection, and an additional bike lane be installed for those that turn left
onto Mitchell Street. He further suggested that the consultant compensate for the anticipated
increased number of pedestrians that will utilize the intersection because of the large
development and for the seasons.
RESPONSE TO THE PUBLIC:
No response was provided.
PUBLIC HEARING:
Public Hearing for Installation and Assessment of New Sidewalks and Curbing during
the Old Elmira Road “Complete Street” Project
Resolution to Open Public Hearing
By Commissioner Acharya: Seconded by Commissioner Jenkins
RESOLVED, That the public hearing regarding the installation and assessment of new
sidewalks and curbing during the Old Elmira Road “Complete Street” Project be declared
open.
Carried Unanimously
Mike McLaughlin, owner of Pudgie’s Pizza, expressed concern that issues would arise if
residents were encouraged to walk and bike in the commercial area of Old Elmira Road. He
expressed a desire for the flooding issues to be “cured,” but after raised curbs and sidewalks
are installed in front of his business, he stated the business would probably close.
Board of Public Works Page 2 December 10, 2012
Regular Meeting
Brian Hunt, owner of Hunt’s Auto, stated that a hundreds of vehicles cross his property to the
businesses in his building behind the auto dealership each day due deliveries, tenants, and
employees. The preliminary estimate for the sidewalk and curb installation is $35,000 for his
property; he requested more information about the design of the project.
Mike Wells, owner of 207 Elmira Road, expressed his opinion that business owners have not
been informed about the project. He believes business owners should be included in the
design phase to assist with determining where curbs and sidewalks should be placed.
Bill Card, owner of Automotive Consultants, expressed his desire that the business owners
had been involved from the beginning of the project. He stated the estimated sidewalk
assessment he was given stated he would be responsible for $35,000, which is the amount of
profit he made in 2011. He suggested installing sidewalks on the shopping and retail side of
Old Elmira Road, not on the commercial side, to ensure pedestrian safety.
John Knapp, owner of 209 & 211 Elmira Road, stated he observes pedestrian traffic on the
commercial side of Elmira Road walking toward the round-about, then cross the street to the
residential neighborhood. He also expressed concern that the businesses would not be able
to share curb cuts and traffic would not be able to flow as it does now.
Dave Nutter, Bicycle and Pedestrian Advisory Council, expressed his pleasure that bike lanes
would be installed on Old Elmira Road. He stated that sidewalks should be continuous from
Meadow Street to the round-about, with numerous cross walks along Elmira Road. However,
he was not pleased with how the City assesses new sidewalks.
Resolution to Close Public Hearing
By Commissioner Morache: Seconded by Commissioner Jenkins
RESOLVED, That the public hearing regarding public works use of several city properties be
declared closed.
Carried Unanimously
Mayor Myrick thanked members of the public for attending the hearing, and stated that the
letters that were sent to property owners were invitations to talk to the City about the project.
Transportation Engineer Tim Logue and Assistant City Engineer Tom West joined the Board
for the discussion of this topic. Transportation Engineer Logue distributed written comments
from the director of the Ithaca Housing Authority.
Mayor Myrick asked that the engineers meet with the affected property owners to explain the
possible locations of curb cuts. Transportation Engineer Logue stated he envisioned having a
meeting with property owners after January 1, that there were some drawings and ideas for the
design, and property owners were welcome to provide input.
Mayor Myrick indicated that this project would connect integral parts of the city and it was
doubtless that the design would be approved after a discussion with property owners. He
further expressed his opinion that the City should assess partial costs for sidewalk installation
to property owners, with the City paying the remainder. Commissioner Acharya agreed with
Mayor Myrick.
Transportation Engineer Logue explained that the total project costs were anticipated to be
approximately $1 million, $618,000 of that from a multi-modal grant, $300,000 from property
owner assessments, and a capital project to cover the remainder.
Discussion followed on the floor regarding the timeline to have preliminary designs available
for public meetings.
Supt. Gray suggested that due to the magnitude of this project, the resolution to move into the
next phase of the project should return to the Board in January 2013. Commissioner Acharya
disagreed, stating the Board should vote on the resolution tonight. Commissioner Leccese
stated she would be more comfortable with an additional resolved clause stating additional
public meetings would be held and staff was interested in involving property owners in the
design process. The Board agreed that the resolution should be placed on the next meeting’s
agenda.
Board of Public Works Page 3 December 10, 2012
Regular Meeting
REPORTS
Superintendent and Staff
Asst. Supt. Benjamin reported on the following:
Night crews currently sweeping the streets;
Crews were completing utility patching and filling in potholes;
The Tea Pavilion project was moving forward;
Employees are putting summer equipment in storage and preparing for winter;
Many employees would be taking time off at the end of the year.
Asst. Supt. Whitney reported that the bid advertisement for the membrane at water plant was
distributed, a pre-bid meeting would be held on December 17, 2012, and bids would be
opened in January.
Supt. Gray reported that New York State Electric and Gas was replacing gas mains on Esty
Street, a kick-off meeting was held for the traffic signal installation project at Mitchell and East
State Streets, and a project manager would be hired for the Commons Rehabilitation Project.
ADMINISTRATION AND COMMUNICATIONS:
Thank You to Superintendent Bill Gray – Resolution
By Commissioner Jenkins: Seconded by Commissioner Morache
WHEREAS, Bill Gray has headed New York State’s best run department of public works for 20
years, managing affairs that account for close to half the city’s budget, and
WHEREAS, Bill Gray has worked with department staff to fill countless potholes, replace many
malfunctioning new water meters, spend more than thirty million dollars of Ithaca’s citizen’s
hard earned money to upgrade a 100 year-old water system, maintain all Ithaca’s many parks
and waterways, and do one thousand other daily things, and
WHEREAS, Bill Gray has wheedled funds and procedural agreements out of reluctant
NYSDOT bureaucrats, and
WHEREAS, Bill Gray had the foresight to initiate and foster the City’s successful application for
state and federal funding for bridges and transportation improvements netting an amount
exceeding $30 million for maintenance of City infrastructure, and
WHEREAS, Bill Gray has so many times kept his cool in the face of intemperate remarks
spoken by protesters against sidewalk-repair fees, to say nothing of strange comments by
members of the BPW, and
WHEREAS, Bill Gray has modernized himself along with staff (and board members) to regard
pedestrians and bicycle riders as being, well, human, perhaps even more important
(sometimes) than trucks and automobiles, and
WHEREAS, Bill Gray has long been Ithaca’s best dressed public official, and
WHEREAS, Bill Gray has some truly nifty cars and boats, and
WHEREAS, Bill Gray needs time to play with those cars and boats, now therefore be it
RESOLVED, That Bill Gray take some GOOD vacation time, then return to help Ithaca
survive as an advisor on getting the best from that thirty million dollars, as a consultant to the
new supervisor, and friend to all, and be it further
RESOLVED, That this Board of Public Works endorses and authorizes a contract for
professional services related to management of the reconstruction of the Ithaca water
treatment facility and management of the DPW in an amount not to exceed $29,999.
Carried Unanimously
Board of Public Works Page 4 December 10, 2012
Regular Meeting
VOTING ITEMS:
Buildings, Properties, Refuse and Transit:
Call of Public Hearing for Authorization to Reconstruct the Commons - Resolution
By Commissioner Acharya: Seconded by Commissioner MD
WHEREAS, the Board of Public Works recognizes that the Commons is in need of extensive
repairs and reconstruction, and
WHEREAS, the City has conducted extensive public outreach and evaluation of various
reconstruction alternatives, and
WHEREAS, section C89-A of the City Code provides that the Board of Public Works authorize
reconstruction of a pedestrian mall including all matters relating to the type, materials and
method of construction thereof, and
WHEREAS, section C89-A of the City Code requires that the Board of Public Works shall hold
a hearing whenever such reconstruction is assessable, now therefore be it
RESOLVED, That the Board of Public Works hereby calls a public hearing regarding the
reconstruction of the Ithaca Commons for their meeting on January 7, 2013, and be it further
RESOLVED, That staff be directed to publicize this public hearing as set forth in the City Code.
Carried Unanimously
DISCUSSION ITEMS:
Sidewalk Overview – Recap of 2012
This item was deleted from the agenda by request. The following resolution was substituted:
Sidewalk Policy Modifications – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Morache
WHEREAS, Ithaca has some 80 miles of sidewalks, with many sidewalks in poor condition or
missing, leaving a sizeable backlog of work, and city engineers estimate that bringing all badly
damaged sidewalks up to code would cost about $7 million, further work costing more, and
WHEREAS, residents, property owners, and city officials want uniform and attractive sidewalks
to assure safety and neighborhood value, and
WHEREAS, city law requires property owners to maintain sidewalks to a high standard, safe
for walking and wheelchair access, and the city can require property owners to install
sidewalks where they do not already exist, and an accelerated program of repair is needed to
make Ithaca's sidewalks safe, and
WHEREAS, federal and state programs exist to help defray costs for property owners of
limited means, and
WHEREAS, the policy of sometimes paying for repairs to sidewalk damages caused by city
trees has often been contentious and is now moot for lack of funds, and
WHEREAS, the 25% surcharge for administration as stipulated in the City Code adds
confusion, and
WHEREAS, the BPW has considered sidewalk policy at numerous formal discussions, most
recently when a committee of the BPW presented a report "Proposal for Sidewalk Policy" for
discussion October 10, 2012, now therefore be it
RESOLVED, That the current system with responsibility falling on property owners be
reformed to emphasize enforcement, fines, and pricing that will encourage owners to hire
private contractors to do required work in a timely manner, and be it further
RESOLVED, That the informal practice of having the city pay for tree damage and curb ramps
be discontinued, thus making implementation of the sidewalk program consistent with the City
Code and Charter, and be it further
RESOLVED, That sidewalk compliance be required prior to transfer (sale) of property, and be
it further
Board of Public Works Page 5 December 10, 2012
Regular Meeting
RESOLVED, That sidewalk inspection be a regular part of Certificate of Compliance (COC)
inspections for rental property, and be it further
RESOLVED, That the BPW establish a firm set of deadline-terms and increasing fines for
failure to complete repairs, and be it further
RESOLVED, That staff be directed to implement this policy, recommending if necessary that
the Common Council make appropriate changes to the City Code.
DAC Liaison Roberts expressed his approval of the resolution, and noted he was personally
becoming more attracted to the idea that sidewalks are a public good. He further stated that
the costs for replacing sidewalks should not be fully assessed to property owners because
damage to sidewalks was not necessarily caused by the property owners.
Mayor Myrick agreed that the sidewalk assessment process needed radical transformation.
He stated that a lot of people he met during his campaign wanted the city to maintain the
sidewalks. He revealed that an overwhelming number of property owners would pay higher
taxes if it meant funding a sidewalk program and individual property owners would not be
responsible for maintaining sidewalks. He also expressed support for this resolution.
Discussion followed on the floor regarding the 25% administrative surcharge that was listed in
the City Charter.
Amending Resolution
By Commissioner Acharya: Seconded by Commissioner Goldsmith
RESOLVED, That a new second Resolved clause be included as follows:
“RESOLVED, That the 25% surcharge be subsumed into the costs of the repair, and be it
further”
Carried Unanimously
DAC Liaison Roberts noted that the explanation provided to property owners about the current
sidewalk policy was unnecessarily confusing. He further suggested the committee review the
sidewalks that need to be repaired and determine how the department prioritizes work.
Main Resolution as Amended
A Vote on the Resolution as Amended Resulted as Follows:
Carried Unanimously
Superintendent’s Job Description
Supt. Gray stated that the Superintendent of Public Works is appointed and must pass a Civil
Service test, unlike positions in other cities. He suggested that the next Superintendent may
need to have more administrative or business experience than engineering experience.
Mayor Myrick explained that a search committee would include three Board of Public Works
members, three Common Council members, a public works professional, the Mayor and a
member of Human Resources.
Discussion followed on the floor regarding potential impacts from the new Chief of Staff
position on the Superintendent of Public Works. Mayor Myrick explained that the Chief of Staff
would work at the will of the Mayor, and work closely with the Controller’s Office, Human
Resources and Attorney’s Office.
Further discussion followed on the floor regarding potential candidates for Superintendent,
requiring a holistic approach to public works, and an understanding of transportation from the
community standpoint. Mayor Myrick stated that the search committee would take a lot time to
read resumes and interview candidates. He asked the Board to think about volunteering to be
on the committee.
Newman Golf Course – Deed for Land
Mayor Myrick read a legal opinion provided by City Attorney Ari Lavine, which stated that
Newman Golf Course should be treated as parkland.
Board of Public Works Page 6 December 10, 2012
Regular Meeting
Commissioner Goldsmith noted a strip of land between the golf course property and the inlet
that could be used for kayak or boat rentals as revenue to the City. Supt. Gray explained that
the City would be required to get state enabling legislation to allow concessions in parkland.
NYS Betterment Agreement
Supt. Gray explained that the agreement was for the Board’s information of the type of
documents the City receives.
New Business
Commissioner Jenkins requested an update on the Mobile Vending Community Action Project
from Leadership Tompkins. Mayor Myrick stated a progress report would be provided in late
January or early February 2013.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:51 p.m.
Kathrin D. Gehring Svante L. Myrick
Executive Assistant Mayor