HomeMy WebLinkAboutMN-BPW-2015-05-18BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. May 18, 2015
PRESENT:
Mayor Myrick
Commissioners (4) - Greene, Goldsmith, Jenkins, Warden
OTHERS PRESENT:
Superintendent of Public Works - Thorne
Asst. Supt. for Streets & Facilities – Benjamin
Asst. Supt. for Water & Sewer - Whitney
Director of Engineering - West
Parking Director – Nagy
Information Management Specialist – Myers
Alderperson Fleming
EXCUSED:
Commissioner Darling
Additions To Or Deletions From The Agenda:
None
Mayor's Communications:
The Mayor had no communications for the Board.
Communications and Hearings From Persons Before the Board:
Forest Crawford, Co-Owner of “Collegetown Crepes” food truck, addressed the Board to voice
his opposition to the proposed resolution on the agenda for discussion entitled “DRAFT
Resolution to Create an Exception to the Heritage Permit for “The Hot Truck””. He encouraged
the Board to follow the Food Truck policy established in 2014 so competition between food truck
owners occurs on a level playing field because then they all will have to follow the same rules.
David West, Chair of the Bicycle Pedestrian Advisory Council, addressed the Board to express
his support for the proposed protected bike lane on North Cayuga Street and to encourage the
Board to approve the installation of protected bike lanes on both sides of the street.
Mayor Myrick suggested a discussion on the proposed bike lanes on North Cayuga Street be
added to the agenda. No Board Member objected.
Response to the Public:
Supt. Thorne reported that Transportation Engineer Logue would be the Board’s next meeting to
share information on the proposed bike lane on North Cayuga Street. Director of Engineering
West noted that the City will proceed with the re-paving on North Cayuga Street because there
is not enough time to design and put the additional bike lane in the bid proposal. He also stated
that if there is plan to do protected lanes with bollards and intersections that there are some
other items of concern to discuss as well as cost. Asst. Supt. Benjamin agreed because if there
is a plan to glue down or fasten the bollards to the pavement it will not be good for plowing the
road during the winter.
Commissioner Goldsmith requested that Director of Engineering West and or Asst. Supt.
Benjamin provide for the Board, at their next meeting, a rough estimate of what work could get
done this year if the Board chooses to do a protected bike lane for both sides North Cayuga
Street, and the cost.
Director of Engineering West stated that whatever impact on the project, there is an issue of the
budget. The City has already obtained the CHIP’s funding for the repaving, but staff is intending
to get back to the Board with the pros and cons of the various alternatives proposed for bike
travel on North Cayuga Street for the June 8th Board meeting. He also noted that Mr. David
West met with Transportation Engineer Logue and Junior Transportation Technician Johnson
this morning to discuss the proposed bike lanes.
Board of Public Works Meeting Minutes May 18, 2015
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Reports:
Director of Engineer West reported that the City received authorization to award the bid for the
design to repaint Stewart Avenue bridge and the Cascadilla Creek Walk project. The
resolutions to award those bids will be on the Board’s June 8th meeting agenda.
Commissioner Goldsmith asked if the Board could briefly discuss these items today so that they
could vote on the items without issue at their next meeting.
Director of Engineering West reported that work on the chokers at Green and Seneca streets
started this week. The chokers will make the pedestrian crossing smaller and visually make the
road narrower so traffic speed should be reduced. He also explained that there would be no
chokers installed at the two intersections on Route 13 because it is the State’s road; however,
there will be pedestrian crossings there.
Asst. Supt. Benjamin reported that deck work on the Cascadilla Street bridge started; traffic
control was set up so work can be done there as well as on the Fall Creek bridge within the
allowed 30 day window for the work in creeks.
The access ramps on Tioga Street have been completed; milling will take place on
Wednesday/Thursday with re-paving scheduled for the first week in June. That will allow a week
in between to raise manholes, etc. In addition, crews are out in a lot of places to patch different
areas – especially at the Dey/Tompkins Street intersection.
Crews are also working to clean catch basins and discovered another one broken on Eddy
Street that they will work to repair soon. The break on Eddy Street was the contractor's fault so
he will speak with the building department to see if the City can get the contractor to cover the
cost of the repair.
Commissioner Jenkins noted that the traffic circle at Center and Plain Streets is not repaired
and the cones there are making it difficult for the TACT buses to get around it. Asst. Supt.
Benjamin responded that the traffic circle there is scheduled for rebuild later this Fall, but in the
meantime he will see what can be done temporarily.
Asst. Supt. Whitney reported that bids were received this week for the effluent project at Waste
Water Treatment Plant. Crews are really busy with the construction at the new Water Treatment
Plant. They are making terrible progress with the Willard Way water main replacement because
of the many water main breaks around the city; they are averaging 2-3 breaks per week.
Director of Parking Nagy reported that all the pay machines are installed except for on The
Commons. Today was the first day of training for staff with staff tearing them apart and putting
them back together. The pay machines will be programmed tomorrow. He met with
representatives from Park Mobile regarding the next phase for the installation of the web and
app based programs for the machines. In addition, the first public art mural is done at the
Dryden Road garage, and looks really beautiful.
Commissioner Jenkins questioned why pay stations were needed on The Commons. Director
of Parking Nagy responded that the two pay machines are for people who are meeting or
shopping downtown to add time to their parking without going back to their cars. In addition,
people will be charged from 6 am to 9 am to park on the Commons when they're doing repairs,
loading/unloading, etc.
Discussion followed on the floor regarding the two-hour free parking offered between October
and April; which is subsidized by both the City and the Downtown Ithaca Alliance (50/50), and
whether anyone has correlated the revenue it generates on the Commons for the stores versus
the cost to the city for providing free parking? It would be nice to be able to gauge if it's worth
doing this program or not; the DIA and businesses believe that the free parking is worth it and it
was suggested that if they want the program to continue, they should support it more financially.
Supt. Thorne reported that staff is already getting ready for the next budget season, thinking
about Capital Projects, and hoping to add a fiscal manager to their staffing to help manage the
department’s very complicated budget process.
Board of Public Works Meeting Minutes May 18, 2015
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In addition, staff is working on a storm water study and will present information to the Board at
an upcoming meeting. It has been a very comprehensive study and when done will be able to
identify weak spots in the infrastructure as well as what decisions to make about dredging the
inlet and the 30' dam.
Approval of Minutes:
Approval of the April 13 and April 27, 2015 Board of Public Works Meeting Minutes -
Resolution
By Commissioner Greene: Seconded by Commissioner Jenkins
RESOLVED, That the minutes of the April 13 and April 27, 2015 Board of Public Works meeting
be approved as published.
Carried Unanimously
Buildings, Properties, Refuse and Transit:
Approval of Columbia Street Bridge for the Public Art Commissions Mural and Street Art
Program - Resolution
By Commissioner Warden: Seconded by Commissioner Jenkins
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among
other duties, review and advise Common Council on proposals for the exhibition and display of
public art in City spaces – buildings, facilities, and infrastructure – and to review development
proposals for decorative elements in the city’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved several City-owned sites for inclusion on the
list of potential sites in City of Ithaca Public Art Commission’s Mural and Street Art Program by
resolution on May 19, 2010 and approved additional sites for inclusion in the program since that
time, and
WHEREAS, as a result of this approval, the PAC has worked with more than 50 artists to install
murals on City-owned property throughout the city, and the response to the new murals has
been overwhelmingly positive, and
WHEREAS, the Natural Areas Commission requested that the PAC consider the walls of the
Columbia Street Bridge as a location for a future mural, and
WHEREAS, the PAC agreed that the location would be ideal for a future mural and would help
deter ongoing graffiti, and
WHEREAS, at its meeting on March 25, 2015, the PAC voted to recommend that the walls of
the Columbia Street Bridge be approved by the Board as a location for future murals and the
Natural Areas Commission supported this recommendation at its meeting on April 7, 2015; now,
therefore, be it
RESOLVED, That the Board of Public Works approves the City-owned walls of the Columbia
Street Bridge for inclusion on the list of potential sites for the PAC’s Mural and Street Art
Program; and be it further
RESOLVED, That the PAC will continue to work with Planning Department staff to conduct a
mutually acceptable public input procedure for engaging nearby businesses, residences, and/or
business and neighborhood associations for each specific project, and be it further
RESOLVED, That the PAC will work with the City Attorney to ensure that any art mural RFP or
contract with a participating artist reflects and accommodates the needs and constraints of the
City.
Carried Unanimously
Board of Public Works Meeting Minutes May 18, 2015
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Award of Bid for Seneca Street Parking Garage - Priority 4 Repairs - Resolution
By Commissioner Jenkins: Seconded by Commissioner Goldsmith
WHEREAS, bids were received on May 18, 2015 for Seneca Street Parking Garage – Priority 4
Repairs including general construction, plumbing and mechanical renovation; and
WHEREAS, the Common Council established Capital Project 372 for Seneca Street Parking
Garage – Priority 4 Repairs; and
WHEREAS, Crane–Hogan Structural Systems, Inc. of 3001 Brockport Road, Spencerport, New
York 14559 submitted the lowest qualified responsible bid for General Construction work of
$637,415 ; now, therefore be it
RESOLVED, That the contract for General Construction work related to the Seneca Street
Parking Garage – Priority 4 Repairs is awarded to Crane –Hogan Structural Systems, Inc. of
3001 Brockport Road, Spencerport, New York 14559 for a bid for General Construction work of
$637,415; and, be it further
RESOLVED, That the Mayor be and hereby is authorized to execute the contract for General
Construction work, and that the Superintendent of Public Works be and hereby is authorized to
administer the same.
Carried Unanimously
Discussion Items:
DRAFT - Resolution to Create an Exception to the Heritage Permit for The Hot Truck -
Proposed Resolution
Mayor Myrick expressed his support for this proposal; as previously noted in the minutes of the
April 27, 2015 Board of Public Works Meeting. He noted that he is a pro-food truck person and
as such has pushed to get a food truck policy established for the City of Ithaca and get food
trucks out on the streets. He stated that he has tried “Collegetown Crepes” and found them to
be very good, and he understands their frustration at the proposed exception to the City’s Food
Truck policy. He reiterated his previous comments regarding the historic value of “The Hot
Truck”, which has been in business for more than 50 years at the same location. What is special
about it was that it was near the center of student night life, which why he asked the
Superintendent to place this item on the Board’s agenda today because what he is proposing
does not fit into the City’s Food Truck policy nor the Heritage Permit the “Hot Truck” has
operated under since the policy was adopted. He is looking for an exception to the rule.
In addition, there are a number of issues going on with the request for the exception such as it is
for something outside the current Food Truck policy and does not work with the established
guidelines. It would displace a food truck that complies with the Food Truck policy which is
already placed in the location the “Hot Truck” has requested. He asked the Superintendent for
the Board to have an opportunity to discuss the request, even if it is not in favor of making the
exception. In addition, he feels strongly enough and supports the request for the exception that
he would bring it to Common Council if the Board did not support it. That is not to say that he
does not respect the Board, but because this is more than a public works issue; it involves
something of historic value, commerce and business – just a simple matter of the use of a city
street.
Mayor Myrick asked whether the Board is in favor of the request for an exception, knowing that
there is still quite a bit of work that will need to be done by the “Hot Truck” owner, Mr. Smith.
Commissioner Warden noted that during his previous tenure on the Board that the City started
to encourage more food truck vendors by developing a Food Truck Policy. If he recalls, the
Board was pretty adamant that the creation of the “Heritage” permit was just for the “Hot Truck”
and “Louis’ Lunch Wagon” because the trucks do not move. The city has to plow around them
during the Winter, the flow of traffic, and location of the trucks became less desirable. During
those conversations it was pretty clear that the exception and creation of the “Heritage Permit”
was just for those trucks’ current location, and to encourage more food trucks around the City.
Now, there is a request to issue an exception permit that would be in direct conflict with the
policy already in place for a “Heritage Permit”. He is not happy about the proposed resolution
and does not support the request.
Board of Public Works Meeting Minutes May 18, 2015
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Mayor Myrick confirmed that Commissioner Warden’s recollection was correct, and that this
request would be a change of the established Food Truck policy.
Commissioner Goldsmith spoke on behalf of Commissioner Darling who could not be at today’s
meeting. He stated that Commissioner Darling was on the sub-committee that worked to create
a Food Truck policy and the creation of the special “Heritage Permit” that would allow the “Hot
Truck” and “Louis’ Lunch Wagon” to participate in the city’s food truck program. He further
stated that Commissioner Darling’s position has been very firm that he would not support an
exception to the City’s Food Truck Policy for the “Hot Truck”.
Commissioner Goldsmith stated that he, himself, likes the “Hot Truck”, he thinks it should be
able to relocate and participate in the lottery for spots. He agreed that this is a very difficult
decision. He also would like to hear Mr. Crawford’s final comments that he was not able to
share earlier in the meeting due to the three minute time limit.
The Board agreed to allow Mr. Crawford to finish his comments at this point in the meeting.
Mr. Crawford continued explaining his reasons for wanting the Board not to make an exception
to the established Food Truck policy for holders of a “Heritage Permit”. He feels that the
proposed resolution on the agenda extends the concept of “heritage” and “grandfathering” well
beyond their two meanings and clearly gives favor to one vendor over another. In addition,
electric service will not be provided or made available to the other food trucks, and the creation
of new permit for one food truck that is immobile will discourage other vendors from starting up
a new business.
The City should not favor one vendor over another, and the resolution is proposed because of
unique circumstances for one owner. He and his co-partner invested a lot of start up money to
create “Collegetown Crepes” and begin a food truck business. If the “Hot Truck” is granted the
exception they may be forced to close because of unfair advantages. Mr. Crawford explained
that the co-owner of “Collegetown Crepes” graduated from Cornell University in 2007, and he
will graduate this year. They intend to enter the lottery for next year’s food truck spots. They
both have been getting questions from customers as to where their hot truck will be located next
year; they have also set up at the Ithaca Farmers' Market, and been in discussion with Cornell
University Dining, and representatives from the Carriage House. They have not even been in
business for one year and “Collegetown Crepes” has become very successful and popular with
community members. They both would be heartbroken to lose their business because of the
exception proposed by the City to allow the “Hot Truck” to relocate and remain permanently in a
new location at Eddy Street and College Avenue.
Mayor Myrick responded that he is happy to hear the great story about how successful
“Collegetown Crepes” has become, and part of the reason he wanted the streets open for food
trucks was to allow a venue for small businesses to start operations. The brick and mortar
restaurants are not suffering, as they suggested, when the food truck policy was being
developed.
Commissioner Warden stated that when the Board discussed the food truck policy, initially, they
reviewed possible locations for placement of food trucks as well as the rules and what the policy
would look like. If the Board approves the request to re-locate the “Hot Truck” to Eddy
Street/Dryden Road, and allow them to hook up to electric and not have to move each day, he
believes that precedent would be established as well as possible confrontation from the brick
and mortar restaurants nearby.
Commissioner Greene questioned what would happen if the Board did not approve the request
to re-locate the “Hot Truck”, “Collegetown Crepes” enters the annual lottery for food truck
locations, and they don’t get the same spot they are in now or the proposed new location for the
“Hot Truck”? He also noted that he understands completely Mr. Crawford’s comments because
he is an entrepreneur and it is important the same playing field be maintained for operators of all
food trucks.
Commissioner Goldsmith noted that it might be possible to open up another spot for a food truck
at this location by moving the Ithaca Car Share spot to another location nearby.
Board of Public Works Meeting Minutes May 18, 2015
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Commissioner Greene stated that he appreciated hearing all of the comments from the Board.
He loves the “Hot Truck” and both he and a lot of his friends would be very disappointed if it
went away. From his perspective and hearing what Commissioner Darling, who is not
supportive of the request, had to say makes it difficult to know what should be done. Should the
Board diverge from its original food truck policy, how can the city encourage more food trucks to
participate in its program, and how it would explain why the “Hot Truck” is different as far as
following the same rules other food trucks need to comply with. That's where he is having a
hard time. Mayor Myrick is right that the “Hot Truck” is slightly different because of its history
(more than 50 years in operation). He thinks that there has to be a way to make the “Hot Truck”,
in the same way the policy was developed to help food trucks, become financially successful.
Mayor Myrick noted that someone once told him that “he should make new friends but keep old
ones”. How does the City encourage growth and development while still preserving the
existing/historic stock? It wants new businesses to become successful and it also wants to
recognize existing businesses for their longevity and historic value to the community. There
should be something the City can do to support the “Hot Truck” so that it can survive financially
and preserve its history for future generations of the community, current Cornell students, and
Cornell alumni.
CC Liaison Fleming requested clarification of the request/resolution. She asked “in what sense
is it unfair competition if some other vendor gets the new hot spot and the “Hot Truck gets it”?
Mayor Myrick responded that, right now, there is one spot in the lottery at this location. Director
of Engineering West noted that new food trucks have to move at the end of each day; the “Hot
Truck” cannot move - it will remain in front of the brick and mortar restaurants at that location;
that is the big difference. In addition, Mayor Myrick noted that the “Hot Truck” would only be
operating late at night when the brick and mortar restaurants are closed.
CC Liaison Fleming stated that if the Board considers the proposed resolution, she would object
to the “permanent” term in it. She would limit the resolution/agreement to one or two years
instead.
Commissioner Jenkins stated that she supports the proposed resolution and the “Hot Truck”.
The “Hot Truck” has been fighting for this spot since last year, and the request has been
shuffled back and forth between staff and the Board for almost one year. She further noted that
at the time of the “Hot Truck’s” original request to relocate to the Eddy Street/Dryden Road
location there were no other food trucks operating on city property. There were food trucks
operating on private property, so she calls this request fair competition. For example, two side-
by-side stores will have competition no matter what – just like food trucks near one another will
have competition. The “Hot Truck” has been in operation at the same location for 50 years,
“Collegetown Crepes” has been in operation for less than two years. She feels that since the
“Hot Truck” has successfully been in business for more than 50 years, they should get the
respect and the location they want. Maybe one day, when “Collegetown Crepes” has
successfully been in business for 50 years, they might want similar consideration given to them.
Mayor Myrick stated that it seems clear how the Board feels about the request; the majority is
not in support (Commissioners Warden, Goldsmith, Green – No; the Mayor and Commissioner
Jenkins – yes). He does not want to beat the point to death, everyone has spoken, and if the
Board is not in favor of granting the request, he will beg their forgiveness and send it on to
Common Council, with CC Liaison’s Flemings suggestion that the word “permanent” not be
used in the resolution. If the existing “Hot Truck” goes away the exemption would go away as
well.
Commissioner Greene stated that the Mayor’s proposal to take the request to Common Council
creates an uncomfortable situation for the Board. If the Board is not consistent with an
established policy it created, then the policy should be changed.
Mayor Myrick noted that historic preservation comes with a cost – “is what you gain worth what
you're losing?” It’s pretty clear to him, from the Board’s comments, that it is not worth the cost
to preserve the historic success of the “Hot Truck” for the community.
Board of Public Works Meeting Minutes May 18, 2015
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Commissioner Warden asked what the number of food trucks with permits was as well as how
many food truck spots are available. Executive Assistant Gehring responded that there are 27
food truck locations to choose from, there are currently two food trucks with permits and two
food trucks with heritage permits.
Commissioner Goldsmith expressed his preference that the Board keep to the rules of the
current food truck policy. If the Board would like to support the “Hot Truck” then it should find a
way to subsidize the wheels for it so it can move each day like the other food trucks. He would
rather the Board change the existing policy than make an exception for the “Hot Truck”. He is
worried that the Board worked so long and hard to establish a food truck policy that it would not
be a good idea for requests for exemptions to be sent to Common Council for review and
approval/disapproval – rather than through the Board of Public Works.
Mayor Myrick responded that the food truck policy itself is good, and so many people including
staff and Board members worked hard on it - like Commissioner Darling. He stated that there
aren't too many applicants applying for food truck permits and he would like to say that the “Hot
Truck” is different, so accommodations to keep it successful for the community – especially the
Cornell community should be made.
CC Liaison Fleming stated that since there are 27 spots with only 4 food truck vendors that it
seems like there should be a way to accommodate everyone. If there could be a way to create
another spot in Collegetown it would be lovely. That might help to eliminate the dilemma
presented to the Board where two food trucks are requesting the same location.
Director of Engineering West reported that the food truck locations were chosen based on
proximity to the brick and mortar restaurants. The food truck policy established that each
location would have two food truck spots because it has been determined that the more food
trucks in one location the more successful they are. Therefore, establishing another spot at the
requested location on Eddy Street/Dryden Road would not go against the policy. The issue with
the “Hot Truck” is its lack of mobility.
Mayor Myrick reminded the Board that the intention of the request for an exemption was until
the owner purchased a new food truck to replace the old “Hot Truck”. At that point, the “Hot
Truck” would join in the annual lottery process just the same as other food trucks.
Commissioner Greene stated that the “Hot Truck” owner currently has no incentive to purchase
a new truck unless the Board creates a timeline by which that must be done. At this time, the
owner is not sure how much longer the current truck will be able to operate.
Mayor Myrick reported that the Board would vote on the request at their next meeting, which will
be in three weeks. He thanked Mr. Crawford and Mr. Smith for attending today’s meeting and
for their input into the process.
Mayor Myrick thanked everyone for a tough but honest discussion on the request.
New Business:
Creek Way Discussion - Stewart Avenue Bridge Repainting Project:
Director of Engineering West reported that there is funding for the Stewart Avenue bridge repainting and
the Creek Way project from the Federal Highway Administration program. As such, there is a process the
City must follow in reviewing and bidding the project in order to receive the funding. Bridge Engineer
Gebre, Transportation Engineer Logue and Director of Engineering West reviewed the Stewart Avenue
Bridge repainting bids. Bridge Engineer Gebre, Transportation Engineer Logue and Civil Engineer Yost
reviewed the Creek Way project bids. Three firms were selected for each project and interviewed.
LaBella had the best proposal for both projects; the project manager for each project reviewed the best
company for the job according to guidelines from the New York State Highway Project program. He
stated that he would clarify the original proposal to what is involved with the project because of budgetary
concerns and have that information for the Board’s next meeting.
Adjournment:
On a motion the meeting adjourned at 6:10 p.m.
___________________________ __________________________________
Sarah L. Myers, Information Mgt. Spec. Svante L. Myrick, Mayo