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HomeMy WebLinkAboutMN-BPW-2015-07-27Board of Public Works Meeting Minutes July 27, 2015 1 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. July 27, 2015 PRESENT: Mayor Myrick Commissioners (4) - Greene, Goldsmith, Warden, Darling 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 Transportation Engineer – Logue Jr. Transportation Technician – Johnson Sidewalk Program Manager – Hathaway EXCUSED: Commissioner Jenkins Alderperson/Liaison Fleming Call to Order/Agenda Review: Supt. Thorne requested the addition of a new item under “Discussion Items” regarding Ithaca Police Department’s request to hang a banner on the bridge by Home Depot. The banner would assist in the recruitment efforts of the Ithaca Police Department to hire new officers. No Board Member Objected. Commissioner Warden requested the addition, possibly under New Business or Discussion Items, the concern brought to the Board’s attention by Alderperson McGonigal regarding Old Elmira Road/South Meadow Street Extension and making turns to the right from that intersection. No Board Member Objected. Commissioner Goldsmith requested the addition of a brief discussion about storage of water craft at Stewart Park. No Board Member Objected. Mayor's Communications: The Mayor had no communications at this time for the Board. Communications and Hearings From Persons Before the Board: Jorge Bouras & David Farahi addressed the Board regarding the City’s food truck policy. They expressed some of their frustration with the process for obtaining a permit from the City and some discrepancies they encountered regarding what the correct policy was for the operation of food trucks in the City. They requested the ability to be part of any discussions the City might have regarding the food truck policy, so they might offer input as to what might be changed to make it easier to obtain a permit. They indicated that the current policy that allows the food truck to operate only 4 hours each day is not practical for anyone trying to make a living, and should be re-evaluated. They indicated that they have been issued their food truck permit, finally, and will start vending on Thursday, July 30th. Board of Public Works Meeting Minutes July 27, 2015 2 Response to the Public: Mayor Myrick suggested that they meet with BPW Commissioner Darling (who served on the sub-committee that created the food truck policy), Supt. Thorne, and Director of Parking Nagy to discuss their concerns and provide suggestions for improvement to the process. Director of Engineering West noted that the Superintendent’s Office allowed the submission of their paperwork out of sequence, instead of requiring that every piece of documentation required to obtain a permit be submitted at one time, as everyone else is required. He further noted that once a policy is in place, there are not a lot of things that can be done. Staff cannot modify a written policy and input from various staff was obtained before determinations were made and shared with the applicants about what the City could and could not accept in order to issue a permit. He also noted that only the Board of Public Works would have the power to extend the time limit for food truck vendors beyond four hours; and that probably won’t happen very soon due to the close proximity in the Collegetown area to brick and mortar restaurants. The Board suggested that if they want to expand their hours of operation to explore the possibility of vending on private property rather than City property. Mayor Myrick stated that it sounds like all’s well that ends well in this situation. The food truck policy is new and the Board of Public Works does needs to maintain the 4 hour time limit for the reason noted above. He asked that they let him know if they see different trends as they are vending at their location in Collegetown. Reports: Commissioner Goldsmith, BPW Liaison to the Parks Commission, reported that the Parks Commission has had a lot of discussion about the proposed Lake Street Park. The input from the public has been that it should be called the Ithaca Falls Park, instead of the Lake Street Park. He also noted that the Parks Commission does not like the idea of a gate that might be unpredictably open or closed to the public at the park. It would be the Parks Commission’s suggestion to not have a gate. Commissioner Darling responded that there had been a public meeting at City Hall from 2 p.m. – 4 p.m. this afternoon to discuss the proposed Lake Street Park project. He explained that the proposed designs shows a three position gate (to walk through, to completely close or it can be opened to allow a vehicle through). Right now, the area is dangerous because the City puts wooden barricades there for safety and people go around it; a gate would change that. In addition, the Board of Public Works needs to establish rules regarding hours and times for the gate to be open to the public. He noted that a lot of people were concerned about accessibility to the park, and there was a lot of discussion about that at today’s meeting. Commissioner Greene attended the meeting today, and noted that there were a lot of comments that people would like to have less concrete and keep the area more natural. Commissioner Darling stated that an idea from the Superintendent’s Office was to take a “before” and “after” picture that would insure the area is returned to the same condition after the replacement of the Lake Street bridge. Although, the City does has an option to be proactive here, and take advantage of the opportunity to make the site better than it is now. Superintendent and Staff Reports: Director of Engineering West reported that 500 linear feet of new sidewalk had been installed on East State/Martin Luther King, Jr. Street; an almost unheard of amount for the City's sidewalk history. There is more sidewalk work scheduled around the City as well, which may result in two miles of new sidewalk constructed in a season. There current sidewalk program strategy has been a great success, resulting in more sidewalk work completed than ever before and in an economical way. Board of Public Works Meeting Minutes July 27, 2015 3 Director of Engineering West further reported on the work being done at the Cascadilla Trail - the fence needs to be reset, the piping reworked, and a guiderail installed. There is great progress being made on the skate park project with a lot of different grade work being completed. He further noted that another success will be the substantial completion of the Commons by July 31st. There will be a lot of small things to complete still, but for the most part the major reconstruction work is complete. Commissioner Warden reported on complaints he has received regarding the new playground not being handicapped accessible. Director of Engineering West responded that the City has asked the playground design firm to describe how the structure is accessible and which features are accessible. If the community feels that more work is needed to make it accessible, the City will work with the design team towards that. The playground was supposed to be accessible for everyone once completed. Director of Engineering West stated that he would like the Mayor to do the ribbon cutting for the grand opening celebration of the completed Old Elmira Road project – maybe he could lead a procession on bicycles to the ribbon cutting? Mayor Myrick stated that he would also like for there to be a symbolic ribbon cutting for all the sidewalk construction work that has been completed this season as well. Asst. Supt. Benjamin reported that South Aurora Street is scheduled to be milled completely down on July 29th before the repaving begins. Residents are being informed of those plans as they relate to access for driveways during that time. The repaving will be done the second week in August, and should be completed well before Ithaca College students arrive in town on August 22nd. Asst. Supt. Whitney reported that all long standing water maintenance issues have been completed on South Aurora Street while the road was closed and before the new pavement completed. Asst. Supt. Whitney further reported that work on the new Water Treatment Plant is a little behind schedule. The work is now in Phase II, the settling basins have been completed, and are functioning well. The Willard Way project has been completed, the water flow test was conducted and is well above 12,000 gallons. They hope to repave Willard Way in conjunction with another city project. There is a new house on Pearl Street between Worth and Miller Streets; they have requested a new water service. Since there is no water main in front of the new house, the Water Department will install water services in the area including the new house. Director of Parking Nagy reported that the free parking program ends July 31st. There have been more than 6,000 transactions on the new park and pay stations resulting in total revenue in the amount of $11,527.00. Estimated parking revenue from pay and display and meters is $74,885, which is 16% more than last year. In other words, the revenue will mean that one new park and pay machine will be paid for in its first month. He predicts that parking revenue will get better with a 25% return on investment. All the new pay machines should be completely paid for within 10 months. He also reported that the new key fobs are available for anyone who wants one; he distributed one to everyone at the meter. He explained that, for now, people will need to write their license plate number on the back of the key fob. Future plans include the bar code on the fob being able to be swiped at the machine, instead of having to enter the license plate number. Supt. Thorne reported that staff is busy finalizing the 2016 budget, which is due to the Mayor and City Controller on July 31st, they are close to having it completed. He plans to provide a report to the Board from the Water Recreation Committee at a later date. They have an intern working on writing a grant application, which is due July 31st, for money to do flood study mapping. In addition, the United States Geological Society (USGS) is working on a proposal to advance the flood study map with a proposal to do measurements on the 30' dam, measuring Board of Public Works Meeting Minutes July 27, 2015 4 creek channels, the existing conditions, and flood map; the USGS will do cost sharing with City of Ithaca. He further reported that this is the last week that their two interns will be in the office; one has been working on a road condition inventory and the other on a retaining wall inventory. He would like to schedule, for the next Board of Public Works meeting, a brief presentation on those two inventories. He feels that the results of both inventories will be very interesting for both staff and the Board. Administration and Communications: Approval of the September 8, 2014 and June 8, 2015 Board of Public Works Meeting Minutes - Resolution By Commissioner Darling: Seconded by Commissioner Warden RESOLVED, that the minutes of the September 8, 2014 and June 8, 2015 Board of Public Works meeting be approved as published. Carried Unanimously Buildings, Properties, Refuse & Transit: Request for Easement License Agreement for the Alley Between 307 College Avenue and Fire Station #9 - Resolution By Commissioner Goldsmith: Seconded by Commissioner Warden WHEREAS, Scott Whitham of Whitham Planning & Design, on behalf of J&W House, owner of the property at 307 College Avenue (Tax Map Parcel No. 64.-10-15), in the City of Ithaca, has requested an encroachment agreement/license from the City; and WHEREAS, the encroachment consists of the following: An area comprising approximately 1,042 square feet to be used for installation and maintenance of plantings, landscaping, a thru-block pedestrian walkway, bicycle racks, benches for seating, and a sign reading “Collegetown Crossing”, and which area is shown as the shaded area on a drawing dated March 5, 2015 and entitled “Planting Plan” prepared by CID of Whitham Planning & Design, LLC, WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2015-16 schedule of fees for use of City-owned property requires an initial application fee of $100 for new licenses and an annual use fee for Collegetown and College- oriented license fee category shall be calculated at $3.41 per square foot resulting in an annual use fee of $3,553.22, with such rate thereafter subject to adjustment by the consumer price index and property taxes assessed against the City; now, therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 307 College Avenue, as proposed, contingent upon the execution of a license/agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance; and, be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license/agreement allowing said encroachment, revocable upon 90 days’ written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City’s Municipal Code entitled “Use of City Land”. Carried Unanimously Board of Public Works Meeting Minutes July 27, 2015 5 Highways, Streets & Sidewalks: Award of Contract for 2015 Road Construction Project – North Cayuga Street/Giles Street – Capital Project #803- Resolution By Commissioner Darling: Seconded by Commissioner Goldsmith WHEREAS, one bid was received on June 18, 2015 for 2015 Road Construction – North Cayuga Street/Giles Street for general construction; and WHEREAS, the Common Council established Capital Project #803 for 2015 Road Construction; and WHEREAS, Bothar Construction, LLC, 170 East Service Road, Binghamton, NY submitted the only qualified responsible bid for general construction work; now, therefor be it RESOLVED, That the contract for 2015 Road Construction is awarded to Bothar Construction, LLC, 170 East Service Road, Binghamton, NY for North Cayuga Street – Segment A and Giles Street – Segment B based upon its bid of $654,185.60; and, be it further RESOLVED, That the Mayor be and hereby is authorized to execute the contract for 2015 Road Construction, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Director of Engineering West provided the following information for the Board that explained how staff were able to reduce costs for the project in order to stay within the approved budget for it: “On June 18, 2015, bids were opened for the 2015 Road Construction project, Capital Project #803. One bid was received. This is a recommendation to award the contract to Bothar Construction. This project entails milling and paving North Cayuga Street from Cascadilla Creek northerly to Lincoln Street and Giles Street from Columbia Street to East State/East Martin Luther King, Jr. Street. Both street segments are in poor condition. The contractor will be directed to make full depth repairs on some portions of each street. In addition, North Cayuga Street will be striped to accommodate a bicycle lane and Giles Street will receive some under- drain. Late in the bid period it was noted that the quantities for North Cayuga Street segment were incorrect; significant work items were severely underestimated. The sole bidder recognized that these quantities would undoubtedly be greater than estimated and submitted very high unit prices for them. In consultation with the City Attorney we determined that the City could negotiate an adjustment to the unit prices as long as we did not change the scope of the project. Bothar Construction has submitted adjusted unit prices for the North Cayuga Street segment. (See attached bid tab with initial and adjusted numbers.) Based upon these units and the adjusted prices, and that Bothar was the only bidder, I recommend award of the contract to Bothar Construction.” A Vote on the Resolution Resulted as Follows: Carried Unanimously Award of Bid for Safe Routes to School Project – Resolution By Commissioner Goldsmith: Seconded by Commissioner Warden WHEREAS, one bid was received on July 10, 2015 for the Ithaca Safe Routes to School Project, CP #786, PIN #375564; and WHEREAS, staff has reviewed the bid received and made a recommendation for award; and WHEREAS, the New York State Department of Transportation has not yet authorized the City of Ithaca to award the contract for this project; now, therefore be it Board of Public Works Meeting Minutes July 27, 2015 6 RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract, contingent on New York State Department of Transportation (NYSDOT) authorization to award, for the Ithaca Safe Routes to School Project, CP #786, PIN #375564, to Nelson and Streeter Construction Co. Inc, P.O. Box 184, Pine City, NY for their bid meeting specifications of $214,270; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to execute this contract and to administer the same. Mayor Myrick questioned Jr. Transportation Engineer Johnson as to the fact that there was one sole bidder for this project and whether it was felt to be safe and reasonable. Jr. Transportation Engineer Johnson provided the following information for the Board that explained his confidence in the contractor: Summary: On July 10, one bid was received for the Safe Routes to School (SRTS) project (CP #786, PIN #375564). To stay within our available budget, our consulting engineer, our NYSDOT contact, bidder, and staff have mutually agreed upon a change order to be enacted following the award of the contract. I am recommending that the Board award the contract, based on the original bid of $214,270. The subsequent change order will bring the total contract amount down to $167,617. Details: The bid totaled $214,270, which is about $40,000 over the amount that we can seek federal reimbursement for (which is approximately $175,000 which is the maximum federal funding available for this portion of the SRTS project). After considering a few options, the best approach seems to be to utilize a different type of driver speed feedback sign that costs significantly less, yet still provides the necessary functionality. The bidder has calculated that substituting these items will lower the total cost to $167,617. This total fits within our available project budget. Our consulting engineer, our NYSDOT contact, the bidder, and staff support this approach. Our NYSDOT contact has indicated that the contract must be awarded for the amount originally bid ($214,270). After the award is made, a change order may be issued to select the lower cost driver speed feedback signs; which would then reduce the project cost to the $167,617 amount. The SRTS Capital Project currently has a balance of $254,922, though it is our intention to not spend more than $175,000 on this phase of the project so that 100% of the project cost will be eligible for federal reimbursement. So, sufficient funding is available for the Board to award the contract at the $214,270 amount. The contract amount will be reduced to $167,617 after the change order is issued. Recommendation: I am recommending that the Board of Public Works award the contract to the bidder, Nelson & Streeter Construction Co. Inc., at the July 27th BPW meeting in accordance with the approach noted and based on their bid amount of $214,270. A Vote on the Resolution Resulted as Follows: Carried Unanimously Mayor Myrick asked Transportation Engineer Logue, Jr. Transportation Technician Johnson, and Sidewalk Program Manager Hathaway to stay for the first discussion item. Discussion Items: Old Elmira Road Inbound Lane by Wilcox Tire: Commissioner Warden read the following e-mail that was sent by Alderperson McGonigal to the Board the outlines his concern about this intersection: Board of Public Works Meeting Minutes July 27, 2015 7 “Dear members of the BPW, Tom and Tim, I am writing to you regarding concerns I have about the width of the inbound lane (into the City, heading northeast-ward) of the new Old Elmira Road. From the corner of South Meadow Street Extension, to where the bike lane begins, this lane seems to me to be far too narrow to allow vehicles turning onto Old Elmira Road to stay in the lane. I believe this will become much more apparent when the lines defining these lanes have been painted. I bring up this concern respectfully; I'm not trying to be a backseat driver (almost at the end of the trip), but I make this turn fairly regularly and I can't manage it. An adjustment made now would probably be easier than doing it later. I encourage you all to visit that corner and see what you think. Perhaps moving the curb back a bit right at the Wilcox Tire corner would improve things. I'll leave that to you. Thank you, George McGonigal Common Council, First Ward” Director of Engineering West reported that the curb lines did not change at that section of intersection as a result of the reconstruction of Old Elmira Road project. The City can look at the curb line but it was actually not moved at all, and it can look at the turning radius. If something can be done to help the turning at the intersection, it might be able to be included when the sidewalk and traffic project for South Meadow St. Extension is undertaken. The City to a look at how the intersection works with vehicles with trailers making the turn. He further stated that staff can get back to the Board if they feel that changes should be made at that intersection. Commissioner Goldsmith agreed that this is a bad intersection, and the Board expressed their support for City staff reviewing and implementing any changes that they might deem necessary to address Alderperson McGonigal’s concerns. Request to Waive Stewart Park Pavilion Fees for Ithaca Police Union Family Bake: Supt. Thorne explained that a request had been submitted by Ithaca Police Officer, John Arsenault, on behalf of the Police Benevolent Association (PBA) family bake event at Stewart Park on September 19, 2015. The PBA is requesting exclusive use of the Main Pavilion at Stewart Park as well as the waiving of the rental fee. The Board questioned what the precedent has been for requests of this type by the Board of Public Works. A brief discussion followed on the Board regarding the request. After discussing with staff and reviewing the request, the Board denied the request based upon the fact this it is not a city department making the request. Also, as an outside organization, the PBA should be required to pay the fee and reserve the pavilion for exclusive use, if available, through the Youth Bureau in the same manner the general public does. Supt. Thorne stated that he would communicate, in writing, that decision to Officer Arsenault this week. Ithaca Police Department – Request to Hang Banner from Bridge over Route 13 South by Home Depot Supt. Thorne reported the he received the following request from Lt. Garin, at the Ithaca Police Department and on behalf of the police department, to hang a banner on the bridge over Route 13 by Home Depot: “Hello, I am writing to request permission to provide to the public, information that the Ithaca Police Department will be accepting applications for the civil service exam and position of entry level police officer. This information will be in the form of a sign that the department would display on the bridge at the south end of the City on Route 13, just south of the “Home Depot Plaza”. Board of Public Works Meeting Minutes July 27, 2015 8 The Ithaca Police Department is in a staffing crisis and has a number of restrictions and laws that affect our hiring practices, which makes successful hiring for the position of police officer exceptionally challenging. We offer the opportunity to apply with the City of Ithaca for this position once every two to three years, so there is a limited window of opportunity. The residency requirements have been restricted to Tompkins and its contiguous counties. The application period lasts from July 27th through October 1st. The police department would like permission to put up the banner to make the public that travels into and through the city aware of this opportunity. Our proposal, so far, is for a sign that is approximately 6' x 12' and very simple in regards to its content (so as not to require much reading or attention to get the message) from drivers on the highway. If this requires the approval of the Board of Public Works, I'd like to be able to make this request as soon as possible. I'd also welcome any suggestions that you may have to make this an acceptable request. Thank you, Lt. Scott N. Garin Ithaca Police Department” Lt. Garin joined the Board for discussion of the request. Discussion followed on the floor regarding the policy established by the Parks Commission and Board of Public Works regarding the hanging of banners on fences at city parks. Those rules state that the banners may be hung on the fence of the park where the activity is taking place either on the day of the event; or, for certain events no more than a week prior to event. Supt. Thorne reminded the Board that this request is for the use of city property; not a city park. Mayor Myrick voiced his support for the request, and stated that he feels the proposal is a good way to get the word out to the public regarding the current recruitment efforts at the Ithaca Police Department for new police officers. Supt. Thorne questioned how long the banner would need to be displayed. Lt. Garin responded that November 14th would be the last date because that is the date of civil service test. Further discussion followed on the floor as to whether this would set precedent for future requests to hang banners from the bridge. Director of Engineering West explained that in the past, the City allowed banners to be hung from the helix over Green Street that connected to the parking garage. At that time, the Board of Public Works did allow the public to hang banners on the helix. It might be worthwhile for the Board to establish a policy to handle future requests of this type. Mayor Myrick suggested that the City limit the placement of banners on City property to city departments, and not the public. Further discussion followed with Lt. Garin as to whether there were other locations in the City that the police department might want to utilize for this same purpose. Lt. Garin responded that the police department was already considering the use of the fence by Cornell Cooperative Extension that would be visible from Route 13 north, as well as on the fence at the Ithaca Police Department parking lot on East Clinton Street. The Board supported the granting of the request from the Ithaca Police Department. Supt. Thorne stated that he would provide a resolution for the Board in order to provide a history of why the request was granted. The resolution will include the facts that this is not a city park, this is city property, and the request is being made by a city department. Board of Public Works Meeting Minutes July 27, 2015 9 Mayor Myrick stated that since the Board had given its informal approval of the request today, that it would be alright for the police department to go ahead and put the banner up as soon as possible. Asst. Supt. Benjamin stated that he would work with Lt. Garin to coordinate the hanging of the banner with a crew from the department of public works since it will require the use of a bucket truck to hang due to the height of the bridge. Mayor Myrick expressed his thanks to the Ithaca Police Department for doing this broad based outreach in their recruitment efforts to fill the vacancies in the department for police officers. Commissioner Darling suggested that the proposed resolution be written in a little broader way that would include language that the Board supports only city departments using city property to hang banners or signs from. The resolution should also include a time limit, and that approval is limited to the discretion of the Mayor or Staff, and information as to the time by which the sign/banner must be removed. That way a resolution in support would not have to come to the Board of Public Works each time a city department made a similar request. The rest of the Board supported that idea and encouraged Supt. Thorne to include that wording in the resolution that they will vote on at their next meeting on August 10th. 2016 Sidewalk Improvement District (SID) Work Plan and Budget: Sidewalk Program Manager Hathaway joined the Board for discussion of this item. He explained that today's Board meeting would function as public hearing on the proposed 2016 sidewalk program budget, assessment and work plan. He stated that it differs from the 2015 plan because it has a contingency plan that could replace 1 or 2 proposed projects in a district. The contingency plan/budget is for problems that may arise, for example, construction conflicts, emergency work, etc. because he wants to get as much sidewalk built as possible. His goal is to construct or repair roughly 6,600 linear feet of sidewalk in 2016. He provided the following summary of the proposed 2016 work plan as follows: “Today's meeting functions as a public hearing on the 2016 Sidewalk Improvement District assessment role, budget and work plan. At your August 10th meeting, I will request your approval to file the 2016 Sidewalk Program schedule of work and budget with Common Council. The 2016 Work Plan budget was created based on the aforementioned assessment role and reflects all credits for past work that were received before the May 1, 2015 application deadline. The costs for each sidewalk project are estimates based on anticipated quantities of work, as well as unit prices from past sidewalk contracts. Final quantities of work performed will be dictated by bid prices received and field conditions, which could increase or decrease the amount of work completed in the 2016 work plan. It is possible that issues unknown at this time might arise that will prevent some of these construction projects from moving forward during the 2016 construction season. Conflicts with other construction projects might necessitate cancelation or postponement of planned sidewalk work. Ongoing design efforts might identify construction barriers that will impact costs or make some projects technically infeasible. The Osmun Place (SID 3) and East Spencer Street (SID 4) projects included in the work plan are being considered for capital project funding in 2016, as both sidewalk projects require retaining wall improvements. The cost estimates included in the proposed work plan account only for the sidewalk work and not the required structural improvements. In the event that the capital projects are not funded in 2016, consideration must be given to financing this work through the sidewalk program or postponing the work. The estimated cost of the Osmun Place project is approximately $450,000, or roughly 2 years of the SID 3 construction budget. The estimated cost of the East Spencer Street work is approximately $230,000, or roughly 2 years of the SID 4 construction budget. SID 4 is currently financing $150,000 of costs for the sidewalk work along Old Elmira Road over the next 15 years. I would like to discuss the following options with you: • Apply for capital funding again in 2017 and postpone the sidewalk improvements Board of Public Works Meeting Minutes July 27, 2015 10 • Finance one or both projects, similar to the Old Elmira Road sidewalk improvements • Use the entire sidewalk program construction budget for these projects over a roughly 2 year period To proactively address any of the above potential construction issues and cost uncertainty, a contingency list of construction projects in each sidewalk district is proposed. These projects could replace locations in the work plan, if needed, or be added to the project list if additional budget is available based on bid prices. We will request the Board of Public Works approval of these projects at the Board’s meeting on August 10th as a contingency plan to the proposed 2016 work plan.” Commissioner Goldsmith reported that as he has walked around downtown, especially on North Cayuga Street near “Gimme Coffee” and East Court Street, he has noticed that there are a lot of spots on the west side of the street that were grouted with great skillmanship and the repair work was great. Is there some program by which the City might be able to grind and re-grout sidewalks that have gaps or aren’t even in an effort to make them safe and enhance their appearance until they can be repaired? Sidewalk Program Manager Hathaway responded that there was some money built into the sidewalk budget for the grounding down and re-grouting of uneven sidewalks in an effort to make them safer. That type of work also makes the money in the budget go a lot further so that more sidewalks can be done. He also feels that the majority of the sidewalk program should be focused on the construction of new sidewalk. He did note that, in some cases, sidewalks can be raised so that they are even. Commissioner Greene reported that in some places on East State/Martin Luther King, Jr. Street going, there are some places in the sidewalk where the grade doesn't match up. He wondered whether any part of sidewalk program plan might resolve issues like that so they become more accessible and less of a challenge to pedestrians. Director of Engineering West responded that there are actual steps in the East State/Martin Luther King, Jr. Street sidewalk that help to make the sidewalk even in those areas. Sidewalk Program Manager Hathaway explained that the way Ithaca was originally laid out with the placement of houses and walkways staggered uphill, staff does try to evaluate those types of sidewalks to see what can be done. In some instances, it can be graded in some way - since now we have the option of changing the level/grade of the sidewalk. He also stated that with the Americans with Disabilities Act (ADA) standards need to be made to the maximum extent possible, especially in areas with larger slopes, to make them even, safe, and as accessible as possible. Commissioner Darling noted, as indicated in Sidewalk Program Manager Hathaway’s information, there are some sidewalks that are more complicated than others and wondered how they would be handled. For example, the sidewalk on East Spencer Street on the east side is in very poor condition, and crews can't go in to replace the sidewalk as usual because it has a retaining wall that needs to be repaired as well. He noted that city staff will run into this situation more and more as the sidewalk program progresses. He noted that Sidewalk Program Manager Hathaway has laid out a couple of scenarios on how that work might be paid for, with one being to create a separate Capital Project to pay for the retaining wall portion only. He noted that this request was included in the list of capital projects submitted for 2016, but was not approved. Another way would be to finance the retaining wall/sidewalk projects within the sidewalk program. If that were done, the work to repair both the sidewalk and retaining wall would use a particular sidewalk district’s entire budget. Staff would like a recommendation from the Board as to how to handle those instances. Commissioner Goldsmith had one suggestion, which would be to increase the sidewalk assessment fee for residential properties from $70 to $100-$140. He realizes that the sidewalk assessment is not a tax, but consistent small increases to single family home assessments might help. He noted that he has thought, for a long time, that when the Board approved the sidewalk program assessments that adjustments probably would need to be made in the future. Board of Public Works Meeting Minutes July 27, 2015 11 Commissioner Darling suggested that the City should make a decision as to whether or not to pay for retaining wall work out of the general fund or from sidewalk assessments. Director of Engineering West suggested that the Board think of the cost and process for reconstruction/construction of retaining walls as typical of other difficult to build locations around the City. He thought that the model used for the Old Elmira Road project might be the most viable as it allowed the City to tackle a large project by allowing it to finance a portion of the Sidewalk Improvement District monies as payment towards the actual cost by use of City budget funds – which the City Controller and City Attorney approved because it allowed a large City project to be done that needed to be done in a sidewalk district, which did not take all the funds away from the other sidewalk districts. In addition, in some instances the City can't do a lot of work to change the grades of the sidewalks because homes are already built there. Sidewalk Program Manager Hathaway stated that reconstruction/construction of retaining walls in connection with sidewalks has been identified as one of the highest priorities for the Sidewalk Program. Discussion followed on the floor regarding the idea of creating capital projects to pay for the cost of construction/reconstruction of retaining walls instead of using sidewalk district funds. This would allow for the city to pay for the general work that needs to be done in particular areas, and the sidewalk assessments could be used as intended for sidewalk construction/repair. The Mayor stated that he would be comfortable with the city taking on the cost for construction/reconstruction of retaining walls through its general fund. Director of Engineering West noted that the downside to that proposal would be that the capital project request would then need to compete with all the other capital needs of the city – including street or building rehabilitation projects. After more discussion, the Board agreed that if the retaining walls were done through the sidewalk assessments then they are more likely to be done. A brief discussion followed on the floor regarding taking this question to the people of each sidewalk district. The City could explain to them that their assessments covered a lot of work in their district; but there are other areas of the city that really need sidewalk work done but because of the need to repair retaining walls next to them they won’t get done due to the expense of the wall work. Explain that the retaining walls hold up the sidewalk and also prevent the hill from collapsing on the property. Supt. Thorne stated that approval of the budget assumes that all proposed sidewalk work in each district will be completed as planned. If the capital project request for Osmun Place and Spencer Street retaining walls is approved, the repair work may or may not take place in 2016. He also explained that the Board needs to discuss how the City will take care of these sidewalks with retaining walls in the future because more and more of these requests and projects will be coming in the future. Commissioner Darling reported that there is a retaining wall and slate sidewalk between Turner Place, Columbia Street, and Pleasant Street, when the sidewalk becomes wet or covered with snow it becomes very slippery. In this instance the retaining wall is holding up sidewalk and the neighbors want slate sidewalks replaced with slate sidewalks. Slate sidewalks are very expensive. Sidewalk Program Manager Hathaway responded that if the slate sidewalks aren’t in an historic district they can be replaced with concrete. The Disability Advisory Council supports the use of concrete sidewalks because not only are they cheaper, but they are safer. Commissioner Goldsmith asked whether any consideration had been given to raising the sidewalk fee. Mayor Myrick responded that, since it is so early in the Sidewalk Program, his preference would be to have the sidewalk assessments remain the same for the next two years. After that, he would support a schedule be established to raise the sidewalk assessments consistently through the years rather than once every thirty (30) years. He agreed that something does need to be done to meet these challenges in the future. Board of Public Works Meeting Minutes July 27, 2015 12 A suggestion was made that it might be good to put some of the money from sidewalk assessments into the general fund for problem sidewalks and retaining walls. Director of Engineering West stated that the City Attorney’s Office would advise against that because the city can't take from one district for another district. The City has had success with grants, and once the sidewalk program has become firmly established the City may want to look at what grants would be available for sidewalk work involving retaining walls. In addition, the City could look at funding through the Ithaca Urban Renewal Agency to supplement the sidewalk program. He noted that the current sidewalk program is very young but has had huge success in the two years its’ been here. Sidewalk Program Manager Hathaway also noted that he has been in discussions with Fernando de’Aragon, who is with the Ithaca-Tompkins County Transportation Council, regarding, strategically, how to go about looking for and applying for grants for the sidewalk program. He agreed that these are complex issues that need more discussion and decisions made as to what to do with them in the future and how the work will be financed. A brief discussion followed on the floor regarding the Farmers’ Market at DeWitt Park on Tuesdays, and what should be done with the muddy areas between the street and sidewalk. Supt. Thorne reported that the City talked with the representatives of the market and gave them the option of the City putting in sod if market would put a deposit down with the City. They did not want to make the deposit, and are willing to bear the mud on market days. Temporary Relinquishment of City Right-of-Way for 719-25 South Meadow Street (Texas Roadhouse): The City Attorney’s office provided the following memorandum for the Board regarding the request: Texas Roadhouse Holdings LLC is scheduled to begin construction of a restaurant located in the commercial complex at 719-725 South Meadow Street this fall; its initial leasehold is for thirty years. A 1951 deed refers to the right of the City to demand that a 16-foot-wide strip of land on the south end of the property be conveyed to the City "for street purposes," but this has never been done, and there are no plans to demand that this land be conveyed to the City for street purposes. The proposed restaurant will be built in part on this area, and Texas Roadhouse has agreed to pay the City $33,862.58 (a valuation derived from the net present value of thirty years of license fees for the area depicted on the attached map) in exchange for the City's temporarily relinquishing its right to demand conveyance of that portion of the property while the restaurant is in operation. While only Common Council has the authority to enter into the agreement sought by Texas Roadhouse, the Board must determine whether the area depicted on the attached exhibit has a current public works purpose. The Superintendent of Public Works and Director of Engineering believe that it does not, and support the following resolution: Determination of Public Works Purpose for 719-25 South Meadow Street – Proposed Resolution WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725 South Meadow Street (“Restaurant”) pursuant to a lease with a term of thirty years; and WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of land on the south end of that property be conveyed to the City “for street purposes”; and WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City, and the Superintendent of Public Works has no plans to use the strip of land for street purposes; and WHEREAS, the Restaurant is to be constructed in part on that area, and Texas Roadhouse desires to secure a commitment from the City to temporarily relinquish its right to require that a portion of the land be deeded to the City while the Restaurant is in operation in exchange for fair value; now, therefore be it Board of Public Works Meeting Minutes July 27, 2015 13 RESOLVED, That the Board finds that the portion of the property reflected on the attached exhibit has no current public works purpose. After a brief discussion about the request the Board expressed their support for the resolution, which will be brought back for a vote at the August 10, 2015 meeting. Water Craft Recreation Storage – Discussion: Commissioner Goldsmith would like to provide access to launch facilities for water craft (canoes, kayaks, paddleboards, etc.) at Stewart Park. There seem to be three issues of concern that need discussion. The first is a vendor that could operate off either racks or trailers (similar to what is currently being done at Myers Park and Taughannock Falls State Park). A vendor has offered to operate such a facility at Stewart Park and is ready to go. The City would need to do competitive bidding, which works very well at both parks noted above. The second would be for the City to provide racks for users to lock up equipment/water craft, and the third is to just provide a place where people can come up with the water craft on the roof of their vehicle or on a trailer to launch. He noted that there are other possible locations at Inlet Island and Cass Park, where launching is already available to the public. A simple rack in one location could be built for about $200.00 where people could store water craft up to 40' shells. A possibility would be to ask Cascadilla Boat Club to allow it at their location in Stewart Park, which would solve the problem instantly. The facility could be used on a first come first serve basis, and payment for whatever the fee would be for storage outside. The other possibility is to have the City build a rack on city land, in which case it could just happen. Supt. Thorne responded that if the City were to provide a place at Stewart Park for the public to lease racks for water craft storage and lease it on a first come first serve basis, it would need to go through Common Council because it is parkland. He would like to have the Water Recreation Committee take a look at possible locations and plans, have the City Attorney review any recommendations, have the Parks Commission review, have the Board of Public Works review, and then take it Common Council for final approval in time for next summers’ boating season. Discussion followed on the floor regarding public access to launch water craft from Stewart Park. It is unclear to the public that there is access for them to launch because it looks like the property belongs to the Cascadilla Boat Club. There is also a need to have a parking area to park vehicles with trailers while the public uses the watercraft in the lake. It was suggested that a sign be installed that would indicate public access. The City would also need to install a sign that says park your vehicle and trailer somewhere else. The Board is very interested in allowing the public as much access to the area to launch watercraft as possible. Supt. Thorne explained that for some of the reasons noted above he would like a map with proposed areas to launch and park be reviewed and approved by the City Attorney before the Board takes any action. Commissioner Goldsmith stated that the public seems to be getting mixed signals about access for launching at Stewart Park. He spoke with one member of Water Recreation Committee that has nothing to do with the Cascadilla Boat Club, who is a Cayuga Lake advocate and avid kayak user, and they had no idea that the public could use that area to launch from. That is one of the reasons why a sign is needed, as well as space to park a vehicle with a trailer. Adjournment: On a motion the meeting adjourned at 6:43 p.m. ______________________________ __________________________ Sarah L. Myers, Svante L. Myrick, Information Mgt. Specialist Mayor