HomeMy WebLinkAboutMN-BPW-2014-08-14BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. August 18, 2014
PRESENT:
Mayor Myrick
Commissioners (5) – Darling, Goldsmith, Jenkins, Morache, 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:
City Attorney – Lavine
Common Council Liaison – Fleming
DAC Liaison – Roberts
ADDITIONS OR DELETIONS TO THE AGENDA:
Supt. Thorne requested the addition of Item 8.1A, “Recommendation to Transfer City Property
to Ithaca Urban Renewal Agency for Sale of Parcel 69.-1-6.2, 320-24 East State Street/Martin
Luther King Jr. Street.”
No Board member objected.
MAYOR’S COMMUNICATIONS:
The Mayor had no communications.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
Faye Gougakis, City of Ithaca, addressed the Board regarding a bicycle that she feels is
parked “the wrong way” in the Seneca Street Parking Garage bike rake. She requested the
padding be removed from the bike rack.
John Graves, City of Ithaca, read the following statement into the record:
To: the Board of Public Works
Date: 8/18/2014
Re: Old Elmira Road sidewalk project
Prior to the passage of the Sidewalk Improvement Districts Local Law, Common Council approved a
$420,000. sidewalk project for Old Elmira Road.
This timeline indicates a serious breach to the integrity of the SIDs Law because now the Old Elmira
Road sidewalk project is part of Sidewalk District 4's budget for the next 15 years.
The SHCA believes the Old Elmira Road sidewalk project was and still is a City project and should NOT
be considered a SID project.
SIDs was promoted as a Local Law that would allow the people in each district the opportunity to
participate in prioritizing sidewalk project in their district. The Old Elmira Road sidewalk project was
approved before SIDs was legislated and therefore did NOT allow the people in Sidewalk District 4 an
opportunity to prioritize the Old Elmira Road project.
The members of the SHCA value the participatory nature of the SIDs Law and would like the BPW to
send a clear message to Common Council that you also value the participatory nature of the SIDs
Law.
For this reason the SHCA would like the BPW to recommend to Common Council that the Old Elmira
Road sidewalk project be financed through a capital project and not financed through District 4's
Sidewalk fees.
This is a one-time SIDs anomaly and if you can correct it, the SIDs Law will be a much improved and
stronger Local Law for the people of Ithaca.
Board of Public Works Page 2 August 18, 2014
Regular Meeting
John Graves
SHCA
The following statement was submitted on behalf of Marjorie Olds, City of Ithaca:
Dear Members of the Board of Public Works,
Last week our family came to City Hall to address your board regarding the assessment for sidewalks
for Old Elmira Road. We cannot attend the rescheduled meeting this evening, and request that this
statement be incorporated into the formal deliberations of your Board this evening:
The new sidewalk legislation provides for neighborhoods to participate in decisions about how their
sidewalk assessment money will be used. In particular our South Hill Civic Association has expressed
concerns regarding installation of sidewalks nearest to our Elementary School, among other priorities.
With no neighborhood participation our sidewalk district (#4) has however, been charged with paying
approximately $420,000 for sidewalks to be built on Old Elmira Road.
We respectfully request that $420,000 sidewalk project be funded as a capital project (shared by all
taxpayers in the City) on the grounds that the Old Elmira Road project was decided before the Local
SIDs Law was adopted. It is fair and legally sound to pay for this as a capital project from general
funding, instead of assessing our Sidewalk District, because it was decided before SIDs was adopted.
We hope the money allotted to Sidewalk District #4 will in the future reflect the priorities of the
neighborhoods within that district.
We thank the Board of Public Works for reconsidering this matter and urge you to recommend to our
City Council that this capital project be added to the upcoming budget to add sidewalks on Old Elmira
Road for the benefit of all who travel that area.
Marjorie Olds and family
100 Renzetti Place
Ithaca, New York
RESPONSE TO THE PUBLIC
Mayor Myrick requested a meeting with Ms. Gougakis to discuss the bike rack. She agreed to
contact Mayor Myrick’s assistant.
Mayor Myrick thanked Mr. Graves for his comments. He further stated that rather than the few
property owners paying for the sidewalks along Old Elmira Road, the costs have been spread
out to all property owners within Sidewalk Improvement District 4.
Commissioner Morache noted that a public hearing was not held to discuss District 4 taking on
the sidewalk debt for Old Elmira Road. Director of Engineering West responded that public
comment was received for the 2014 sidewalk work plan, which included Old Elmira Road. He
further stated that the costs for the sidewalk work will be significantly lower than originally
thought.
Discussion followed on the floor regarding other similar projects that are planned for the future,
and the 2014 sidewalk work plan.
REPORTS
Board Liaisons
Commissioner Darling, Natural Areas Commission liaison, stated the commission met with
Chief Barber regarding the lack of support from police officers for Natural Areas Rangers. He
stated that Cornell University has a stewards program that the city could follow for educating
people that go swimming in the gorges.
Superintendent and Staff
Supt. Thorne reported that staff will review the large response to the Request for Proposals
was received for looking at the creek wall in Six Mile Creek, and crews are working at the
intersection of Clinton Street and South Cayuga Street. He stated that staff have had meetings
with NYSEG, and they will begin work tomorrow.
Asst. Supt. Benjamin reported that vandalism was performed by putting gravel in the fuel take
of the Skid steer over the weekend, two more retirements and a couple of resignations have
been reported so there is a staff shortage.
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Regular Meeting
Director of Engineering West reported that Seneca Garage is going well, the office is being
created for Frank and his staff.
Commissioner Goldsmith stated he noticed city staff are cleaning up the park near his house
early in the morning. He appreciated the effort from staff.
Asst. Supt. Benjamin further reported that crews cleaned up the Jungle area and contacted
Carpet Warehouse to request that they secure their dumpsters.
Director of Parking Nagy reported garage revenues were up from last year’s revenues; LPRs
are now being utilized to enforce the 2 hour time limits and 24 hour time limits; staff are
handing out OOPS Tickets and parking brochures to educate residents on parking time limits.
Mayor Myrick noted that the brochures were nicely designed and well written and a good way
to give folks a couple of months to get used to the new enforcement procedures.
APPROVAL OF MINUTES:
Approval of the July 14, 2014, Board of Public Works Meeting Minutes - Resolution
By Commissioner Darling: Seconded by Commissioner Morache
RESOLVED, That the minutes of the July 14, 2014, Board of Public Works meeting be
approved as published.
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS:
2015 Budget Proposal
Supt. Thorne stated that the distributed proposed budget covers the general fund, including
Streets & Facilities, Engineering and Parking Divisions. He noted that many of the accounts
were condensed, going from 33 accounts down to 12-13 accounts. The proposed budget
reflects a 1% reduction and a second proposed budget reflects a wish list for the department.
Mayor Myrick explained that he reviews the budget every year, looking at the budget surplus or
deficit. This year, the deficit is expected to be at $1.55 million. He requested all departments
submit a budget reflecting a 1% reduction in operating costs and a budget that reflects what
the department would really like to receive. The budgets were due August 1st; meetings have
been held since then with department heads. Common Council will have six weeks to discuss
the budget proposals and meet with staff.
He noted that the larger the department, the larger the impact. He stated that the Fire
Department was looking at closing a fire station in order to meet the budget requirements. It
will be a very difficult year, as the past five years have been difficult.
Mayor Myrick suggested that if the Board would like to discuss anything in the department’s
proposed budget, the topic could be placed on a future agenda. Supt. Thorne noted that no
staff would be laid off, but those that retire would not be replaced.
VOTING ITEMS:
Buildings, Properties, Refuse and Transit:
Recommendation to Transfer City Property to Ithaca Urban Renewal Agency for Sale of
Parcel 69.-1-6.2, 320-24 East State Street/Martin Luther King Jr. Street – Resolution
By Commissioner Darling: Seconded by Commissioner Morache
WHEREAS, the City of Ithaca owns parcel 69.-1-6.2 located at 320-24 East State Street/Martin
Luther King Jr. Street, and
WHEREAS, Lighthouse Hotels, LLC, has submitted a proposal to develop this parcel with the
construction of a new Hampton Inn & Suites hotel, in conjunction with the adjacent parcel
currently owned by Ithaca Urban Renewal Agency, and
WHEREAS, the Director of Parking has indicated that the parcel is currently being utilized as a
public parking lot, but that the downtown parking garages would be able to accommodate the
additional parking needs, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not required
for City public works functions or purposes, and
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Regular Meeting
WHEREAS, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g. in the form of property taxes) from it, now
therefore be it
RESOLVED, That the Board of Public Works hereby determines that the aforementioned
property is not needed for City of Ithaca public works purposes, and be it further
RESOLVED, That the Board of Public Works hereby recommends that Common Council consider
transferring ownership of parcel 69.-1-6.2 to the Ithaca Urban Renewal Agency to facilitate the
sale of this property.
Carried Unanimously
Highways, Streets and Sidewalks:
Award of Bid for 2014 Sidewalk Improvement District Work, SID Project #1 – Resolution
By Commissioner Jenkins: Seconded by Commissioner Warden
WHEREAS, bids were received on August 8, 2014, for the 2014 Sidewalk Improvement District
Work, SID Project #1, and
WHEREAS, staff has reviewed the two bids received and made a recommendation for award,
now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for the
Phases 1 and 2 (Base Bid) 2014 Sidewalk Improvement District Work, SID Project #1 to
Architectural Concrete Plus, LLC for their low bid meeting specifications of $311,265, and be it
further
RESOLVED, That the Superintendent of Public Works be and hereby is authorized to execute
these contracts and to administer the same.
Commissioner Jenkins noted that the second contractor submitted a lower bid. Supt. Thorne
responded that the contractor could not provide references or licensing information for their
subcontractor. Director of Engineering West also responded that the contractor withdrew their
bid without prejudice.
A Vote of the Resolution Resulted as Follows:
Carried Unanimously
A Resolution to Apportion and to Recommend Assessment of New Sidewalk
Construction Costs along portions of Cornell Street and Hancock Street
By Commissioner Morache: Seconded by Commissioner Warden
WHEREAS, on May 7, 2012, the Board of Public Works directed new sidewalk construction by
City forces along the west side of Cornell Street, between East State/MLK Jr. Street. and
Eastwood Avenue, in accordance with Uniform Sidewalk Improvement sections of the City
Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and
under the direction of the Superintendent of Public Works, and
WHEREAS, after a recommendation from the Board, Common Council created Capital Project
# 779 in the amount of $50,000 for Cornell Street sidewalk construction and associated costs,
with the understanding that approximately half of that amount would be recoverable under
sidewalk assessments authorized under the Uniform Sidewalk Improvement sections of the
City Charter, and
WHEREAS, on June 4, 2012, the Board of Public Works directed new sidewalk construction by
City forces along the north and south side of the 700 block of Hancock Street, in accordance
with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and
specifications prepared by the Office of the City Engineer, and under the direction of the
Superintendent of Public Works,
WHEREAS, the Cornell Street and Hancock Streets sidewalks were constructed by the City
Department of Public Works in the summers of 2012 and 2013, respectively, and
WHERAS, Common Council passed Local Law No. 3-2013, effective January 1, 2014, in
essence modifying the City Charter’s policy in regard to responsibility for sidewalk construction
costs, and
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Regular Meeting
WHEREAS, in the context of the new law, and through the adoption of the 2014 Sidewalk
Improvement District budget and work plan, the Board indicated their intent to share the costs
of the new sidewalk between the adjacent property owners and the newly created Sidewalk
Improvement Districts, and
WHEREAS on June 9, 2014, the Board held a duly advertised public hearing in accordance
with Section C-89 of the City Charter, in regard to apportioning and assessing sidewalk costs
for both Cornell Street and Hancock Street construction, in accordance with plans and
schedules of cost prepared by the Office of the City Engineer, now therefore be it
RESOLVED, That the Board of Public Works hereby approves the apportionment of costs as
shown in the attached schedule of costs prepared by the Office of the City Engineer, and be it
further
RESOLVED, That the Board of Public Works hereby recommends to Common Council to
assess such apportioned costs to the adjacent property owners in accordance with Section 89
of the City Charter.
Carried Unanimously
Creeks, Bridges, and Parks:
A Resolution Accepting a NYSDOT Use and Occupancy Permit for the Cayuga
Waterfront Trail
By Commissioner Darling: Seconded by Commissioner Jenkins
WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL – PHASE 2, P.I.N. 395047,
(formerly PIN 395024), (the “Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs of such program to be borne at the ratio
of 80% Federal funds and 20% non-federal funds, and
WHEREAS, from time to time, from June 13, 2001 to the present, Common Council has
authorized Capital Project #445 (then entitled Cass Park Waterfront Trail) in the total amount
of $3,633,556.37, for the costs of design, right-of-way acquisition, construction and
construction inspection for the three phases of the Cayuga Waterfront Trail (Phase 1 being a
two-mile loop in Cass Park, which has now been completed; Phase 2 being a two-mile
segment from Cass Park to the Farmers Market, not yet completed; and Phase 3 being a two-
mile segment from the Farmers Market to Stewart Park and the Youth Bureau, which has been
completed), and
WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2
of the Trail was completed, by the City of Ithaca Planning and Development Board, the
designated lead agency for such review, and
WHEREAS, a portion of the Project is to be constructed on lands owned by the New York
State Department of Transportation, who requires that the City accept a Use & Occupancy
permit in order to use and occupy the lands with the Project, and
WHERAS, in accordance with the City of Ithaca Charter Section 63, “The Board of Public
Works may enter upon any lands for the purpose of survey and examination; may contract for,
purchase and acquire, by grant, purchase, gift, condemnation or otherwise, in the name of the
City of Ithaca all lands, water rights, easements, privileges and franchises and all other real
and personal property whatsoever, either within or outside of the corporation limits of the City
of Ithaca, which are necessary, in the judgment of the Board, for any of the purposes herein
set forth and shall have the right to enter upon, take possession of and appropriate all such
property and to do any and every act or thing that may be necessary to carry out the full intent
and purpose of all the provisions contained in this Charter;” now, therefore, be it
RESOLVED, That the Board of Public Works hereby accepts NYSDOT Use & Occupancy
Permit (Permit No. 33843) for $1 Payment Waived for the occupancy within the State’s right-
of-way for a portion of the Cayuga Waterfront Trail, and be it further
RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney, be
and is hereby authorized to execute the NYSDOT Use & Occupancy Permit for the Project and
any subsequent papers which might be required for this permit, and be it further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
Board of Public Works Page 6 August 18, 2014
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DISCUSSION ITEMS:
Advertising Waste Receptacles Proposal
Viswesh Swaminathan, Brian Xu, and Nyan Gadepalli, owners of Clad Network, joined the
Board for the discussion of this topic.
Mr. Swaminathan began a presentation regarding the proposal to place waste receptacles that
contain electronic advertisements on the outside of the receptacles. Mr. Gadepalli explained
that their business adds function to advertising billboards, which would also assist with trash
removal. He stated that advertising is very expensive, especially for small businesses.
Mr. Swaminathan explained that the solution they developed was a waste receptacle with
three compartments for recycling, compost and trash that contains an electronic billboard on
the side of the receptacle. A web application was developed that anyone could use to deploy
an advertisement. The receptacle would be made with a fiberglass roof, plywood base, and
built-in deodorizer. They stated that their company would remove the trash, recycling and
compost material on a daily basis.
Mr. Xu noted the advertising costs that they plan to charge for a full day of advertising and the
ease with which businesses could place an advertisement. They are proposing six locations
within the city: four in Collegetown and two on the Commons.
Discussion followed on the floor regarding the design of the receptacle and electronic screen
that would be covered in tempered glass and to withstand Ithaca weather conditions.
Mayor Myrick noted that as a college student at Cornell University, a group of students found
funding to purchase trash cans for Collegetown. He likes this proposal as it would be a win-
win for everyone: the City wouldn’t have to pick up trash anymore and businesses could
advertise locally for a reasonable cost. However, there might be legalities that would make it
very difficult for the City to allow the advertisements on the city-owned right of way.
Further discussion followed on the floor regarding the proposed locations, the potential for cars
blocking the advertisements, maintaining the area around the receptacles, including shoveling
snow, possible alternative building materials, and the potential for a large business to purchase
all of the advertising on the receptacles. The owners responded that the application has a
built-in limitation on the number of hours of advertising for each business, and that they would
focus on local businesses.
Additional discussion was held regarding the type of content that would be prohibited on city
property, such as profanity, and whether the company could have a screening process to
determine which business could advertise on the receptacles. Mayor Myrick noted that these
questions would need to be presented to City Attorney Lavine. Also discussed was the need
for electricity for each receptacles for the electronic screen.
Director of Parking Nagy left the meeting at 6:23 p.m.
Mayor Myrick stated that the sense of the Board was that if the City could work out the
legalities of this proposal, the Board would be willing to negotiate a license agreement. He
further stated he would request that staff work with the City Attorney on the proposal.
Proposed Updated to the 1978 Agreement with Bolton Point
Former Supt. Gray explained that the City had received a draft for an updated agreement with
Bolton Point for distribution of water. The original agreement was between the City and the
Town of Ithaca because it was the town’s distribution system that surrounds the city. In 1978,
just after Bolton Point came online, the efforts to segregate the systems resulted in certain
areas still being served by the City that are in the Town, and the Town serving areas within the
City.
He further explained that several clauses were added to the new agreement, including but not
limited to the dispute resolution section, etc. Staff reviewed the draft agreement to make
modifications, which was shared with Bolton Point. He is comfortable that the new agreement
is largely the same as the 1978 agreement.
Commissioner Warden asked if there were any areas of contention that were noted. Former
Supt. Gray responded that problems have come up with bookkeeping from over the years. He
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further explained that the payment required from the city, shown in Appendix A in the
agreement, indicates that the city uses slightly more water than it sends out to the Town, but if
Taughannock Blvd. was included in that calculation, the usage would be almost equal.
He noted that one area of contention was that charges from Bolton Point were calculated at
the rate in effect at the time the bill was created, not necessarily at the time the water was
used. If water rates were changed before the bill was created, the new rate was used.
He stated that Cornell University was not part of this agreement, but they would create a new
water supply agreement in the near future related to the City’s construction project. This draft
agreement is for a long-term, low volume agreement that would last for years. The next
agreement with Bolton Point would be a short-term, high volume agreement specifically during
the construction period.
He explained that the draft agreement would be returned to Bolton Point with suggested
changes for their approval. It would be returned to the city once it is finalized with Bolton Point
for the Board’s approval.
Panhandling in Ithaca
Commissioner Jenkins asked whether panhandlers should be required to apply for a permit or
not. Mayor Myrick responded that it was an interesting question. Commissioner Goldsmith
recommended that the Board read a recent article in The New Yorker by Malcolm Gladwell
that talks about constantly increasing control over what people can and cannot do.
Discussion followed on the floor regarding the former panhandling law in Ithaca and the fact
that it was repealed because it was unenforceable. Director of Engineering West suggested
permitting locations specifically for entertainment purposes, such as buskers. Mayor Myrick
noted that this topic has been discussed by the City Administration Committee and he would
suggest creating a busker permit.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:46 p.m.
Kathrin D. Gehring Svante L. Myrick
Executive Assistant Mayor