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HomeMy WebLinkAboutMN-BPW-2013-06-10BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. June 10, 2013 PRESENT: Mayor Myrick Commissioners (4) - Jenkins, Darling, Leccese, Acharya OTHERS PRESENT: City Attorney - Lavine Acting Superintendent of Public Works - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Fleming Information Management Specialist - Myers Director of Engineering – West Transportation Engineer – Logue Assistant City Attorneys – Flaherty and Pittman Plumbing Inspector – Albanese EXCUSED: Commissioners Morache, Goldsmith DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. MAYOR’S COMMUNICATIONS The Mayor had no communications for the Board. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD No one from the public appeared to address the Board. REPORTS: Streets & Facilities: Acting Supt. of Public Works Benjamin reported to the Board on the following activities of the department: The highway crew will finish the paving on Elm Street within the next couple of days and then mill and repave Floral Avenue. Partial access to Elm Street will be maintained during the repaving of Floral Avenue. The work on Floral Avenue will begin the week of June 17th. Crews have began work this week on the widening of East State Street/East Martin Luther King Jr. Street and Mitchell Street. Water and Sewer Department: Asst. Supt. Whitney reported that the water main cleaning on Ridgewood Road recently went very well and has doubled the available flow, which is good because there are five fraternities on Ridgewood Road. There was a lot of mineral deposits removed, and they are still flushing some rusty water out. He further reported that work on the water/sewer connection is one-third of the way to its destination. Engineering Department: Director of Engineering West reported that Commons demolition is on schedule and should be completed the first week of July. The Project Manager and Outreach Coordinator along with city staff are holding a meeting on Tuesday, June 11th at 8:30 a.m. and 5:30 p.m. to update residents, merchants, business owners on the status of the project. Board of Public Works Meeting Minutes June 10, 2013 2 BPW Members: Commissioner Jenkins questioned what the status of repair on the Brindley Street bridge as she recently traveled over it and it seemed to be in poor condition. Mayor Myrick responded that the City made application to New York State for grant funding for work on the Brindley Street bridge and the Cecile Malone Drive bridge. The City hopes to hear soon as to whether or not the grant has been awarded and then work can begin to repair both bridges. In the meantime, Acting Supt. Benjamin said he would have staff take a look at the bridge to determine its condition. Common Council Liaison: Alderperson Fleming reported that at last week’s Common Council the resolution regarding repairs to the Cascadilla Creek Walkway was tabled due to the ambiguity of the issue and the need for clarification as to what work is required there. She further reported that the Dockstader family made a request to the Board of Public Works for the road/area near Cliff Street to be renamed in memory of former IPD Officer Dockstader. The family needs an answer to their request. Commissioner Leccese reported that the family had suggested the small grassy/park area near the Convenience Store on the West End as a possible spot for a memorial. She will take the request to the Parks Commission for their information and review at their meeting on June 11th and report back to the Board. ADMINISTRATION AND COMMUNICATIONS A Public Hearing in Response to Determination of Non-Responsibility: Tony Adams, attorney for Crane Hogan, addressed the Board in response to their finding of non-responsibility on June 3, 2013. He stated that the Board has information that would lead them to disqualify Crane Hogan from bidding on the Seneca Street Garage Priority 2 project. He stated that Crane Hogan contests that finding because it is factually and legally wrong. He provided the Board with a brief history/resume of Crane Hogan which has been in business since 1975 and been the recipient of many awards for safety and environmental preservation work through the years. This is the first time that the company has had its responsibility challenged. They take it very seriously and know the repercussions they will face should the Board make a negative determination after this public hearing. He further reported that he is working to have the charges dismissed on the basis of their not being fair. He explained the process involved in hydro-demolition, the process for disposal of the waste water and the permits required for such work. He stated that engineers reviewed and approved their plans and permits for the project and they followed recommendations made to keep the waste water separated an additional 45 days to ensure settlement of solids before it was disposed of. He further stated that the work was inspected routinely and regularly by engineers and the necessary inspectors. The complaint states that Crane Hogan should have gone through the State and NYS Department of Environmental Conservation for additional permits to discharge the waste water to either the sanitary sewer or the storm water drain. He stated that Crane Hogan denies that they did not obtain the proper permits, and that there is not enough evidence presented to charge them with non- responsibility. Since the project in question, Crane Hogan has completed two projects for the City of Ithaca satisfactorily. A brief question and answer period followed. Dave Marsh from local laborers union addressed the Board in support of Crane Hogan, the work that they do, the fact that they use local laborers for their projects, and how that supports the local economy. He urged the Board of Public Works to reconsider their tentative decision of June 3, 2013. Further questions were raised regarding the number of times Crane Hogan uses the hydro-demolition method when working with concrete. Crane Hogan Vice President, Chris Bolan, explained that they perform three to four parking garage rehabilitations a year involving hydro-demolition. He explained it is an old process for removing bad concrete that now has new environmental specifications and requirements being written and put into place for permits to be issued. A brief discussion followed on the City of Ithaca projects that Crane Hogan has been involved with, and how that work was completed to meet required standards. Board of Public Works Meeting Minutes June 10, 2013 3 Determination of Responsible Bidder Requirements – Resolution By Commissioner Acharya: Seconded by Commissioner Darling RESOLVED, That the Board of Public Works deems Crane Hogan a responsible bidder for the Seneca Street Garage Priority 2 Project in light of information provided today at the public hearing. Carried Unanimously VOTING ITEMS BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT Award of Contracts for Seneca Street Parking Garage – Priority 2 Repairs – Capital Project 372 – Resolution By Commissioner Jenkins: Seconded by Commissioner Leccese WHEREAS, bids were received on May 29, 2013 for Seneca Street Garage – Priority 2 Repairs including general construction, plumbing and electrical renovation and, WHEREAS, the Common Council established Capital Project 372 for Seneca Street Garage – Priority 2 Repairs and, WHEREAS, Matco Electric Corp. of 3913 Gates Road, Vestal, NY submitted the lowest qualified responsible bid for Electrical work of $30,700.00 and, WHEREAS, Crane-Hogan Structural Systems, Inc of 301 Brockport Road, Spencerport, NY submitted the lowest qualified responsible bid for General Construction work of $642,145.00 and, WHEREAS, both bids received for Plumbing Work exceeded the engineer’s estimate and staff recommends less costly alternative repair strategies, now therefore, be it, RESOLVED, That the contract for Electrical work related to the Seneca Street Garage – Priority 2 Repairs is awarded to Matco Electric Corp. of 3913 Gates Road, Vestal, NY for a bid for Electrical work of $30,700.00 and be it further, RESOLVED, That the contract for General Construction work related to the Seneca Street Garage – Priority 2 Repairs is awarded to Crane-Hogan Structural Systems, Inc of 301 Brockport Road, Spencerport, NY for a bid for General Construction work of $342,145.00, and be it further, RESOLVED, That the Board of Public Works rejects both bids for Plumbing work related to Seneca Street Garage – Priority 2 Repairs and directs staff to re-evaluate the scope of plumbing work for the garage and recommend alternative strategies for making necessary plumbing repairs, and be it further, RESOLVED, That the Mayor be and hereby is authorized to execute these contracts, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Carried Unanimously HIGHWAYS, STREETS, AND SIDEWALKS Request for Encroachment Agreement/License at 207 Elmira Road WHEREAS, Michael Wells, the owner of the property at 207 Elmira Road (Tax Map Parcel No. 116.-1-6.2), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent street right-of-way for Elmira Road; and WHEREAS, the encroachment consists of the following: The parking area along the northwestern face of the property at 307 Elmira Road to encroach by a distance of approximately 3 feet, for a span of approximately 69.01 feet, and encompassing approximately 230 square feet, which is shown on a drawing entitled “207 Elmira Road City Land Use Request” prepared by Brooks Hendrix (BHH), Assistant Civil Engineer for the City of Ithaca, and WHEREAS, it appears that the building and parking area in question have been in existence for many years, and Board of Public Works Meeting Minutes June 10, 2013 4 WHEREAS, that the City plans to create a planting area within the City right of way as part of the Old Elmira Road Improvement Project, and WHEREAS, in consultation with the property owner and the City Forester, the City engineering department has determined that the width of such planting area may be reduced by approximately three feet to accommodate the owner’s desire to create 90 degree parking spaces and two-way driveway aisles, which is compliant with City zoning code; and WHEREAS, in consideration of the City’s plans, if the property owner elects to terminate this license or discontinue use of the licensed property, the property owner shall bear the cost of restoring the licensed area to lawn and planting area, as contemplated on the drawing to be attached and included as part of the license agreement; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2013-14 schedule of fees for use of City-owned property requires an initial application fee of $100 for new licenses, and stipulates that the annual use fee for Primary Highway Commercial (Rt 13/Elmira Road Corridor) license fee category shall be calculated at $1.15 per square foot resulting in an annual use fee of $264.50, 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 207 Elmira Road, as proposed, contingent upon: the execution of a license/agreement containing a term or condition of such agreement which states that if the property owner elects to terminate this license or discontinue use of the licensed property, the property owner shall bear the cost of restoring the licensed area to lawn and planting area; submission of the required application form and fee (and renewal fees for any subsequent terms); and submission of 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. City Attorney Lavine reiterated that the license agreement will include language that should the licensee no longer need the land that they will be responsible for restoring it to the condition as proposed in the complete renovation of Old Elmira Road project. A Vote on the Resolution Resulted as Follows: Carried Unanimously WATER AND SEWER Plumbing Permit Fees – Resolution No resolution was provided for the meeting. Plumbing Inspector Marc Albanese and Plumber David Warden discussed the proposed fee increases with the Board. City Attorney Lavine requested that his office be given an opportunity to review the proposed resolution prior to the Board’s consideration of it at their June 24th meeting. The proposed new fees should not exceed the actual cost to the City for plumbing inspection services, and research has to be completed as to whether the City can charge an individual entity specific charges or not. They explained the complexity of many of the new development projects, the time involved in reviewing plans, meeting with applicants, and conducting inspections as a reason for proposing to increase the fees which have not been raised in more than twenty years. Board of Public Works Meeting Minutes June 10, 2013 5 DISCUSSION ITEMS Ithaca Falls Overlook Site – ERP Project: IRM Construction Summer 2013 Community Development Director, Nels Bohn, and Scott Nostrand gave a presentation to the Board (including maps of the proposed work area – the former Ithaca Gun Site) of the upcoming work to remove lead in the soil that is scheduled to take place in July and be completed before students return in August. They explained that funding for the project is from a $200,000 grant from the EPA as well as funds from DEC. They explained what would be involved in the project and how the work would be completed. Alderperson Fleming left the meeting at 6:15 p.m. Request for Use of City Property at 1013 West State Street Jerry Dietz, property owner, joined the Board for discussion of the request. Mayor Myrick noted that it is a pretty straight forward request. Mr. Dietz stated that he is happy to respond and take responsibility for the mowing of the grass on the property in response to concerns raised by City Forester, Jeanne Grace. The Board expressed their support for the request and approved the following resolution: Request for Use of City Property at 1013 West State Street – Resolution By Commissioner Acharya: Seconded by Commissioner Leccese RESOLVED, That the Board of Public Works approves the request for use of city property at 1013 West State Street, and be it further RESOLVED, That the property owner will be responsible for the mowing and maintenance of the lawn (40’ from building) and including the patio area. Carried Unanimously Hangar Theater Water Account The Board supports Asst. Supt. Whitney’s recommendation and requests that a resolution be prepared for their consideration at the June 24th meeting. Board Meeting Schedule This item will be discussed at the next Board meeting scheduled for June 24, 2013. ADJOURNMENT: On a motion the meeting adjourned at 6:35 p.m. Sarah L. Myers Svante L. Myrick Information Management Specialist Mayor