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HomeMy WebLinkAboutMN-BPW-2015-03-09BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:451 p.m. March 9, 2015 PRESENT: Mayor Myrick Commissioners (5) – Darling, Goldsmith, Greene, Jenkins, Warden OTHERS PRESENT: Superintendent of Public Works – Thorne Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Director of Engineering – West Director of Parking – Nagy Executive Assistant – Gehring EXCUSED: Commissioner Morache City Attorney – Lavine Common Council Liaison – Fleming DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR’S COMMUNICATIONS: The Mayor had no communications at this time. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Beth Lalonde, Cayuga Heights resident, addressed the Board in support of a license with the Cascadilla Boat Club. She stated that her daughter had rowed all through high school and into college, changing her life. She stated that without Cascadilla Boat Club, her daughter would not have gone to college. She noted that the club is inclusive, affordable access to the lake, has no-cut rowing teams, and the docks that the club owns and maintains on Cascadilla Creek are used by the public. Cynthia Brock, First Ward Alderperson, addressed the Board in support of having all public park facilities open for use to all members of the community. She agrees that Cascadilla Boat Club provides multiple resources to its members, but she stated the club does not provide anything to the general public. She believes the city could find a way to support both the club and the general public, such as allowing the public to rent space in the south bay in the boathouse for boat storage, as Cascadilla Boat Club rents the north bay. She noted that the wooden docks are in very bad condition and suggested the city upgrade them. Commissioner Goldsmith arrived at 4:56 p.m. David West, Bicycle and Pedestrian Advisory Council Chair, addressed the Board regarding their request to install a four-way stop at the intersection of Plain and Clinton Streets. He stated that the intersection is a location that a four-way stop could be easily and inexpensively installed. Molly Yarrington, Cascadilla Boat Club Head Coach and Program Manager, addressed the Board regarding the license for Cascadilla Boat Club. She stated that from an operational perspective, Cascadilla Boat Club stores boats in the facility’s south bay for masters members who rent space, but it would be difficult to continue to provide programming without access to the full facility. She stated that rowing is an expensive sport, but the club does offer many opportunities for non-members to learn how to row, such as National Learn to Row Day, Ithaca Festival, etc. She noted that the docks owned by Cascadilla Boat Club are available to members of the public during non-programming time. Christopher Glaubitz, Friends of Stewart Park and member of Cascadilla Boat Club, addressed the Board in support of the Cascadilla Boat Club license. He stated that the club makes the sport of rowing accessible to the public. As for the boathouse, which is a historic structure, he Board of Public Works Page 2 February 9, 2015 Regular Meeting said light use is recommended in order to maintain the integrity of the building. He noted that the city should be proud that the facility is currently being used in the capacity the building was originally designed for. He further noted that Ithaca Youth Bureau does utilize part of the building for storage. Tara Masters, member of Cascadilla Boat Club, stated she had been rowing since high school and all through college. She stated that rowing is a sport that teaches teamwork, and helps people that are not good at other sports. She expressed concern that many children will not have the opportunity to learn rowing if the Cascadilla Boat Club is not able to remain in the facility. She further noted that Cascadilla Boat Club has been a community builder in Stewart Park and helps city staff maintain the park. RESPONSE TO THE PUBLIC Commissioner Goldsmith requested that the discussion about the Cascadilla Boat Club be moved up in the agenda. Mayor Myrick suggested the topic be moved to item 6B, after the presentation about the Large Pavilion Door and Window Project at Stewart Park. No Board member objected. REPORTS Board Liaisons Commissioner Darling, Planning and Economic Development Board Liaison, reported that the Board had discussed the Lake Street Bridge Rehabilitation Project. He suggested that staff provide the Planning and Economic Development Board with information about large projects sooner to given the Board time to review everything related to the project. The Board did ask if the speed limit could be reduced on the bridge for safety reasons. He further reported that the Board discussed the Canopy Hotel project and the loss of parking for the Community School of Music and Arts. The school has requested an area be designated for dropping off and picking up students. Commissioner Darling suggested making two metered parking spaces on East State Street into loading zones. Mayor Myrick requested that Director of Parking Nagy contact Scott Whitham, the project manager working on the Canopy Hotel, regarding designating loading spaces during construction of the hotel. Superintendent and Staff Director of Engineering West reported that construction activities is planned to begin March 16, 2015, on the Commons, providing the snow melts away; and Brindley Street Bridge project staff met with New York State Department of Transportation representatives regarding progressing the project through the design phase. Asst. Supt. Benjamin reported that crews have been moving snow off streets, filling potholes, and opening catch basins to ensure runoff has a place to go; Parks and Forestry Division received information about a grant that was awarded for a volunteer group to remove invasive species in the bird sanctuary; and the heating units at Ithaca Police Department are beyond repair and must be replaced. Asst. Supt. Whitney reported that crews have been very busy thawing 66+ frozen water services. He noted that crews are working as quickly as they can, trying to serve people in the order they called unless the location is a school or have multiple residents. He stated that there is currently a frozen water main, a water main break on Stewart Avenue, and city crews are doing everything they can, including working 12 hour shifts. He explained that it takes anywhere from 30 min. to 18 hours to thaw water services. Mayor Myrick noted that the City of Syracuse has had over 100 frozen water services. Commissioner Warden stated that the city is actually going above and beyond what is required, including thawing water services between the street and the house, which is the property owner’s responsibility. Director of Parking Nagy reported that the parking pay machines had been delivered and one machine has been set up in Seneca Street Garage. He stated that once the snow melts, foundation pads would be poured to install the machines. He further reported that 8812 customers utilized the two hour free parking in February, and $5,000 more have been obtained from Downtown Ithaca Alliance and the Commons Project to extend the two hour free parking for at least another month. Board of Public Works Page 3 February 9, 2015 Regular Meeting Director of Parking Nagy noted that Dryden Road Garage staff has been busy booting and removing abandoned vehicles from the garage. Discussion followed on the floor about why vehicles must be moved every 72 hours, enforcement of that rule, and the number of vehicles that need to be booted. Supt. Thorne reported that sometime in the spring, the City would be looking back at what occurred this winter to determine what worked and what didn’t work to improve services for future years. He further stated that the construction season will begin soon and staff will be actively coordinating projects with the utilities. NEW PROJECT PRESENTATION: Large Pavilion Door & Window Project at Stewart Park Rick Manning, local landscape architect, and Diana Riesman, Ithaca Motion Picture Project, joined the Board. Mr. Manning reported that Friends of Stewart Park received a grant for improvements to the park, with $20,000 of that grant going toward bathroom improvements. He stated that further funds would be used to improve 1 of the 7 door and window units in the large pavilion. An estimate indicated that it would cost $6,000 to restore the center door/window unit. Friends of Stewart Park will encourage the public to donate additional funds towards restoring the other door/window units. He noted that the contractor would like to begin restoring the door/window unit in April. Ms. Riesman reported that the Board-approved signs for Stewart Park have been installed, and the Motion Picture Project is now ready for Phase 2. She requested the Board’s approval of the next sign for the tea pavilion, which has not been designed yet. Supt. Thorne responded that the Board would probably like to see what the sign would look like, and to vote on a resolution. Ms. Riesman agreed to present the sign proposal to the Parks Commission before returning to the Board for final approval. Parkland Licensing Law and Cascadilla Boathouse City Attorney Lavine explained that City Administration Committee will discuss the licensing of the Cascadilla Boathouse at their April meeting, and Chapter 170 of the city code specifies that only Common Council can license parkland. He provided background on the negotiations with Cascadilla Boat Club for a potential license of the boathouse. The previous arrangement between the city and the boat club included a $46 annual rental fee. The new proposed license would be nearly $13,000 in rental fees per year, would allow for a three year license, would allow the City to terminate the agreement for any reason with nine months’ notice, would require the boat club to allow public use of the waterfront, grounds around the boathouse and docks, and any member of the public may join the boat club. He noted that the boat club president requested a financial credit if the docks owned by the club will be open to public use. City Attorney Lavine explained that the boathouse contains three general areas: the second floor of the building, which is not used by anyone and requires extensive rehabilitation to improve safety; the locked storage area used by the Ithaca Youth Bureau for storage of equipment; and the storage bay currently used for storage by the boat club. If the license is approved, that locked area would be exclusive to the boat club’s use. Discussion followed on the floor regarding available storage of boats for the general public that are not members of the boat club and membership fees. City Attorney Lavine stated that limited external storage areas are currently located on the grounds around the boathouse, though they are used by the Ithaca Youth Bureau and the boat club. He noted that the city could install additional storage if it chooses. Commissioner Warden expressed appreciation to the Cascadilla Boat Club for their service to the community, and then expressed concern membership to the boat club is exclusive due to expensive membership fees or those that are interested in other water sports, such as kayaking, canoeing, etc. cannot become members. Molly Yarrington responded from the audience that there are several levels of membership: Masters, scholastic, and beginning, with rowing class fees starting at $150-$175 per session. She stated the 30% of their members are provided scholarships and noted that the fees are minimal in comparison to other boat clubs. Commissioner Warden requested a list of membership fees and other information related to individual members. Board of Public Works Page 4 February 9, 2015 Regular Meeting Commissioner Warden further expressed concern that the building was not safe, the wooden docks are dangerous, and the city was responsible for the maintenance of the docks. City Attorney Lavine responded by emphasizing that the substantial majority of the club’s operation was programmatic and not based on storage of individually owned craft. The club provides many students with their only access to rowing in the community. Commissioner Warden explained that there is a large population that wants to use the lake, with only a limit number wanting to row, but most do not. He would like a waterfront area that the public can access freely. There must be a balance between exclusive use by the boat club and allowing open access for public use. Discussion followed on the floor regarding the possibility of the Cascadilla Boat Club not existing and the number of young people that would not have an opportunity to learn rowing. The Mayor noted that the city would forego any rental revenue, and the city could establish and run programming and could rent out storage space, though it could not provide the same level of programming the boat club currently provides. Mayor Myrick further stated that his goal for the new license negotiations was to provide the public with the best access to the waterfront and he believes an exclusive license would work best. Mayor Myrick stated that according to the Building Department and the Fire Chief, the building is fairly safe, if access is supervised and the second floor is not used. Supt. Thorne responded that he was not comfortable allowing the general public unsupervised use of the building and the boat club volunteers provides that supervision due to their extensive and long term use of the building. City Attorney Lavine noted that any member of the public could apply to be a Masters member in order to store their boat. He stated the proposed license requires annual reporting of the fees and that fees must be reasonable. He further explained that the boat club was required to maintain liability insurance and the ground surrounding the boathouse would be non- exclusively licensed with the exception of specific storage areas. The wooden dock is in poor condition, and the club has already indicated to Ari that they are willing to upgrade the dock if they receive a financial credit, though the credit is not reflected in the draft license. Discussion followed on the floor regarding the length of the draft license with an annual renewal. City Attorney Lavine responded that the boat club thought it was important to have a longer term license, and Common Council may terminate the license with a nine month notification. Further discussion followed on the floor regarding the city’s responsibility versus the boat club’s responsibility for maintenance of the boathouse, and authority over the boathouse through the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) due to the state funding that was provided in 1990s through grants. Commissioner Warden expressed his opinion that New York State does have the authority to intervene in the exclusive licensing of the Cascadilla Boathouse. City Attorney Lavine responded the only the court system has the ability to rule upon legitimate uses of parkland under the Public Trust Doctrine, and some members of OPRHP working with city staff on grant funding are well aware of the usage of the boathouse and have not expressed any concern related to the usage. Commissioner Goldsmith stated that he is an enthusiastic oarsman, and expressed his concern that there were a very limited number of areas that a person could access Cayuga Lake for the use of human powered water craft. He would like the city to look much harder at the condition of the building, provide public access to the water for the occasional user, and allow other water craft to be available for public use, such as Puddle Dockers and kayaks. Mayor Myrick expressed his opinion that there should be more options available for access to the water and it would be great to have more space to have something like a “public Puddle Dockers,” but he does not believe that more than one club could operate in the currently available space at the boathouse. Some members of the public would not like the licensing of public parkland for private, for profit businesses. Mayor Myrick believed that the license was the best use for the available space, thinking first of the rental revenue, and second about what use would get the most people on the water. Supt. Thorne responded that the City could begin planning for additional public use of the building but it would take time for develop the plan. He does not believe the draft license Board of Public Works Page 5 February 9, 2015 Regular Meeting precludes the city from beginning to plan for that. Commissioner Greene suggested providing an area for temporary storage by a business like Puddle Dockers to operate alongside Cascadilla Boat Club. Discussion followed on the floor regarding the definition of a member of the public that wants access to the water for use of human powered water craft versus membership in the club, which provides programs only for rowing, and the boat club being responsible for minor repairs to the building, such as broken windows. Commissioner Goldsmith expressed concern that people must be members of the boat club in order to have access to the water, whether for rowing or other water sports. Mayor Myrick responded that some members of the public dispute the legality of requiring membership as a prerequisite for access to the boathouse, so the City Attorney spent several months researching the legal definition of what constitutes public access in parkland according to New York State. City Attorney Lavine also responded that there is a difference between the occasional boater and someone that wants a longer term rowing opportunity, but he was very careful when negotiating the draft license agreement to ensure any member of the public would have reasonable access to membership to the boat club and that any member of the public would have that access on an income sensitive and reasonable fee basis. Mayor Myrick suggested the Board vote on a resolution that states what it does support, which would include:  While the Board supports Cascadilla Boat Club, it also supports Common Council building maximum flexibility into the license agreement;  The Board urges Common Council consider all options to increase public access to the water and possibly public boating access adjacent to the boathouse.  Commissioner Warden suggested incorporating the Board’s support of the three year license that would provide the city with flexibility and the boat club with stability.  Commissioner Goldsmith further suggested notifying Council about the Board’s discussion that the City should determine a way for non-Cascadilla Boat Club access to the water adjacent to the boathouse. He requested installing more docks along the waterfront.  Commissioner Greene requested that Council direct staff to investigate other options for public access. The Board agreed to vote on a resolution at the next Board meeting. ADMINISTRATION AND COMMUNICATIONS: Approval of the February 23, 2015 Board of Public Works Meeting Minutes - Resolution By Commissioner Jenkins: Seconded by Commissioner Darling RESOLVED, That the minutes of the February 23, 2015 Board of Public Works meeting be approved as published. Carried Unanimously HIGHWAYS, STREETS AND SIDEWALKS: Appeal of Snow Removal Bill for 402 Esty Street – Waiver Denial – Resolution By Commissioner Warden: Seconded by Commissioner Darling WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 402 Esty 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. Board of Public Works Page 6 February 9, 2015 Regular Meeting Mayor Myrick stated that he expects several more protests to be discussed, and the Board is not bound by their decisions, but it should remember that it is setting a precedent. Commissioner Goldsmith expressed annoyance when he walks along a sidewalk and one section of the sidewalk is free and clear, then the next section is a simple footpath through the snow. Commissioner Darling expressed his opinion that if city crews clear a sidewalk, at least the minimum charge for snow removal should be charged to the property owner. Commissioner Jenkins noted that handicapped residents have great difficulty moving along the sidewalk if it is not shoveled and clear. A Vote on the Resolution Resulted as Follows: Carried Unanimously WATER AND SEWER: Additional Engineering Budget Authorization for “Dam Safety Project” For The Potters Falls (60-Ft.) Dam – Draft Resolution By Commissioner Warden: Seconded by Commissioner Goldsmith WHEREAS, the first of the engineering contracts to replace our existing Water Treatment Plant was signed on September 24, 1996, and the second was signed on December 9, 2005 and the new Dam Safety Regulations (6NYS CRR Part 673) went into effect August 19, 2009 causing the existing Water Supply Projects to coincide in time with the newly mandated Dam Safety Projects, and WHEREAS, on February 18, 2009 the Board of Public Works (BPW) authorized the Water & Sewer Division of the Department of Public Works (DPW) to solicit proposals for preparing Engineering Assessments, updating Emergency Action Plans, and updating Operations and Maintenance manuals for both the 30-Foot & 60-Foot Dams to ensure the City’s compliance with the new Dam Safety Regulations, and WHEREAS, the City received proposals from 9 Professional Engineering Firms on April 9, 2009, and the BPW with supporting documentation from Staff awarded the work to C.T. Male Associates for an amount not to exceed $118,217, to be funded from existing Capital Project 510, the Water Supply Project funds, and WHEREAS, as part of the permitting process for our Water Supply Project the City received a letter from the New York State Department of Environmental Conservation (NYSDEC) that identified several remaining gaps in the Engineering Assessment for the 60-foot dam, and WHEREAS, the DPW staff requested O’Brien & Gere review the DEC’s letter and submit a proposal to the City to address the DEC’s concerns with the 60-foot Dam, and WHEREAS, on July 19, 2013 O’Brien & Gere submitted a proposal for Sixty Foot Dam- Outstanding EA Tasks, and on July 22, 2013 the BPW resolved unanimously to accept the proposal in an amount not to exceed $27,000.00 with funds to be obtained from contingencies in the existing Capital Project 510, and WHEREAS, O’Brien & Gere provided the Supplemental Engineering Assessment Sixty Foot Dam on February 24, 2014 to both the City and the DEC, and in follow up meeting with NYSDEC on September 10, 2014 DEC requested a schedule for completion of the Dam Safety upgrades, and WHEREAS, the DPW staff requested O’Brien & Gere prepare and submit a proposal for the Sixty Foot Dam Safety Upgrades – Design and Construction Phase Services along with a overview presentation of the Sixty Foot Dam Engineering Assessment for the BPW, O’Brien & Gere made the presentation to the BPW on February 9, 2015, and WHEREAS, preliminary estimates for the complete Dam Safety Project Costs for the Sixty Foot Dam are projected to be approximately $4 million. More detailed structural inspection, geotechnical investigation, and final design are needed to refine construction estimates for project, and WHEREAS, the February 3, 2015 proposal for Sixty Foot Dam Safety Upgrades – Design and Construction Phase Services from O’Brien & Gere include estimates for Detailed Structural Inspection = $7,000.00, Geotechnical Investigation = $35,000.00, Design Development = $18,000.00, and Final Design = $68,000.00, totaling $128,000.00, and Board of Public Works Page 7 February 9, 2015 Regular Meeting WHEREAS, the budget for Capital Project 510, the City’s Water Treatment Plant improvements did not include funds for the NYSDEC mandated Dam Safety Improvements, and WHEREAS, a new Capital Project will need to be established for the Dam Safety Design to allow for the continued progress of work within schedule for compliance with the understanding additional funds will be needed in 2016 once we have a solid cost estimate for the Dam Safety Improvements; now therefore, be it RESOLVED, That the Board of Public Works hereby recommends the establishment of Captial Project #527 Dam Safety Improvements in an amount not to exceed $128,000 for the purposes of engineering for Dam Safety Upgrades to the 60-foot Dam, and be it further RESOLVED, That the Mayor, upon review and approval by the City Attorney, be authorized to execute a contract for Professional Engineering Services by and between the City of Ithaca and O’Brien & Gere Engineers, Inc. for said required Dam Safety Improvements, and be it further RESOLVED, That funds necessary for the NYSDEC mandated Dam Safety Improvements will be derived from a Capital Reserve #16 Water Sources Development transfer to Capital Project #527 Dam Safety Improvements. Carried Unanimously DISCUSSION ITEMS: Conley Park Permaculture Park Project Update Chrys Gardener, Cornell Cooperative Extension, joined the Board for the discussion of this topic. She provided a short history regarding the Board’s approval to create a permaculture park in Conley Park; she stated that it has become a neighborhood asset. She provided an update to Parks Commission and to request beginning the next phase of the project, which includes installing raised beds for vegetables, two arbors in the park, and an herb spiral. She requested permission to install a display board in the park to be used to display maps and event notifications. She noted that the Parks Commission had received many requests for this type of display and the Commission would like to decide on a unified design for kiosks. Ms. Gardener further stated that City Forester Jeanne Grace had noted to her that the arbors would need to be wide enough to allow the sidewalk snow plow under them. She stated that the park is being improved and it is a good model for demonstrating how to grow vegetables and other edible plants. The Board expressed support for beginning phase 2, on the condition that the Parks Commission is updated and also expresses support. Floral Avenue Community Garden Update Ms. Gardener distributed a map of the community garden on Floral Avenue. She provided a history of the garden, noting an issue that was brought up during early discussions relating to an undeveloped parking area. She stated that she was asked by the Board of Public Works to move the garden further south than originally planned toward an area that was to be used as a parking area. She wanted the Board to know that the parking area would probably not be developed because City Engineering has a long list of requirements before the property can be used as a parking area, including paving requirements, which is expensive. Supt. Thorne responded that most of the requirements had to do with zoning and Federal ADA requirements. Ms. Gardener stated that the area does not have a sidewalk, so even if the parking lot was developed according to all of the requirements, people would have to walk out in the road anyway. Asst. Supt. Benjamin noted that it is possible to have one or two parking spaces that are paved for handicapped parking and the rest of the lot in gravel or other material. Commissioner Goldsmith suggested building a loading zone rather than a parking lot. Ms. Gardener agreed and noted that a loading zone is a good idea because most people, including the city, have to drive up on the curb in order to unload heavy items, plants, mulch, etc. then park in the designated parking area down the street. Board of Public Works Page 8 February 9, 2015 Regular Meeting Discussion followed on the floor regarding loading zone and curb cut requirements, and materials that would be allowable for the area. Recommendation for a Four Way Stop at the Intersection of Clinton and Plain Streets Director of Engineering West explained that the Board needs to direct staff to conduct a traffic study at the location and compare results to the traffic manual to determine whether a four-way stop or a traffic signal would be the most appropriate traffic control device for the intersection. He noted that the study would not begin until at least April or May because the equipment would need to be adhered to the pavement. He further noted that the intersection is one that is proposed for intersection bulb-outs to assist pedestrians with a shorter distance to cross the street. Discussion followed on the floor regarding collecting the data to determine which traffic control system would be best in the area. It was noted that drivers may become confused because they would have a stop sign, then traffic signal, then stop sign, etc. along Clinton Street. The Board agreed to direct the staff to conduct the traffic study at this intersection and provide alternative options. Request for Retroactive Permit for Sidewalk Repair at 606 North Cayuga Street Commissioner Darling expressed his opinion that residents were provided a window of time to apply for a retroactive permit; the deadline has passed, and it should not be extended. The Board agreed to deny the request for a retroactive permit. A resolution would be submitted for a vote at the next Board meeting. Appeals of Sidewalk Snow Removal Bills: 1. 207 Cleveland Avenue 2. 208 Cornell Street 3. 115 Ithaca Road These topics were not discussed. Request for Additional Funding for the Stewart Park Bathroom Renovation Project – with possible resolution Director of Engineering West explained that bids were received for the restoration of the large pavilion bathrooms, but both bids were over the authorized budget of $78,000. He stated the bids that were received were $125,000 and $148,000. He noted that even if anything was removed from the project, it would not make a difference in project costs. He will be requesting additional funding from City Administration Committee this month. ADJOURNMENT: On a motion, the meeting adjourned at 7:25 p.m. Kathrin D. Gehring Svante L. Myrick Executive Assistant Mayor