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HomeMy WebLinkAboutMN-BPW-2013-07-22BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:50 p.m. July 22, 2013 PRESENT: Mayor Myrick Commissioners (4) – Acharya, Darling, Jenkins, Leccese OTHERS PRESENT: Acting Superintendent of Public Works – Benjamin Assistant Superintendent of Water and Sewer – Whitney Director of Engineering – West Common Council Liaison – Fleming Executive Assistant – Gehring Transportation Engineer – Logue EXCUSED: Commissioners (2) – Goldsmith, Morache City Attorney – Lavine DAC Liaison – Roberts ADDITIONS OR DELETIONS TO THE AGENDA: Asst. Supt. Whitney distributed a letter and map from Environmental Engineer Gibson, explaining the need to replace the water main on Ridgewood Road and cleaning the water main along Thurston Avenue. No Board member objected to this request. MAYOR’S COMMUNICATIONS: The Mayor had no communications at this time. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: No members of the public appeared to address the Board. RESPONSE TO THE PUBLIC No response was necessary. REPORTS Special Committees of the Board Commissioner Darling, Newman Golf Course Subcommittee, reported that a discussion was held regarding how to proceed with the suggested changes from Friends of Newman, which is requesting 501(c)3 status in order to work with the City more closely. He further suggested that the City make structural changes in order to allow one department or division for parks and recreation activities. Discussion followed on the floor regarding possibly consolidating some several committees to oversee the parks and recreation activities. Board Liaisons Commissioner Leccese, Parks Commission Liaison, reported that three sub-committees had been developed: the Policy Subcommittee would look at memorials in and around city parks; the Planning and Facilities Subcommittee would maintain the new parks inventory and ensure capital needs are included in budget requests; and the Park Usage Subcommittee would review fees and how the public uses the parks. Superintendent and Staff Acting Supt. Benjamin reported that crews were working to widen the lane on East State Street at the Mitchell Street intersection and install a new traffic signal; crews would be putting an overlay on Stewart Avenue to level the street; and work was continuing along Floral Avenue to rebuild several catch basins and repave the road. Director of Engineering West reported that the construction of the Floral Avenue Trail would be completed soon, a community meeting for Spencer Road residents to discuss traffic issues would be held on Monday, July 29, 2013, at 5:30 p.m., and utility work would begin on the Commons on July 29, 2013. Board of Public Works Page 2 July 22, 2013 Regular Meeting Asst. Supt. Whitney reported that the Natural Areas Commission has approved a work plan for crews to work in the Natural Areas and watershed, crews were performing needed work to water mains and fire hydrants on the Commons, and a new water main was being installed on Edgecliff Place. APPROVAL OF MINUTES: Approval of the July 23, 2012, and August 27, 2012, Board of Public Works Meeting Minutes - Resolution By Commissioner Jenkins: Seconded by Commissioner Lecesse RESOLVED, That the minutes of the July 23, 2012, August 27, 2012, and July 8, 2013, Board of Public Works meeting be approved as published. Carried Unanimously VOTING ITEMS: Buildings, Properties, Refuse and Transit: Request for Encroachment Agreements for 605 West State Street – Resolution By Commissioner Darling: Seconded by Commissioner Acharya WHEREAS, Pat Moe, as representative of the Fingerlakes Beverage Center, which owns the property at 605 West State Street (Tax Map Parcel No. 72.-5-6), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent airspace of the street right-of-way for West State Street; and WHEREAS, the encroachment consists of the following: A roof overhang 9 feet, 6 inches above the sidewalk along the northern face of the property at 605 West State Street to encroach by a distance of approximately 3 feet, 6 inches, for a span of approximately 53 feet, and encompassing approximately 185.5 square feet of air space above the City right of way, which is shown on a drawing stamped on May 27, 2013 and entitled “Renovations to 605 West State Street” [sic] prepared by Francis J. Kramer, Registered Architect, and WHEREAS, it appears that the building in question has been in existence for many years, and that the proposed overhang is inside the current location of the existing public sidewalks on the south side of West State Street and will not interfere with the sidewalks as currently constituted; 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, but stipulates that the annual use fee shall be waived for minor encroachments, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 605 West State Street, 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. Carried Unanimously Highways, Streets and Sidewalks: Recommendation for Approval of the Sidewalk Policy Proposal – Resolution By Commissioner Archarya: Seconded by Commissioner Jenkins WHEREAS, the City’s current sidewalk policy of assessing the full cost of sidewalk construction and repair against the abutting property owner has discouraged the City and private parties from constructing new sidewalk and maintaining existing sidewalk, and WHEREAS, residents, businesses, organizations, and individual property owners beyond the abutting property owners are benefited by a comprehensive, high-quality, and accessible sidewalk network, and Board of Public Works Page 3 July 22, 2013 Regular Meeting WHEREAS, the Mayor convened a Sidewalk Task Force in February 2013 to formulate a proposal for a new method for financing and encouraging the construction and repair of sidewalk, and the Task Force’s proposal was discussed at the Board of Public Work’s July 8, 2013 meeting, and WHEREAS, the Board concludes that the proposed policy is a fair and efficient mechanism for increasing both the amount and quality of sidewalk in the City; now, therefore be it RESOLVED, That the Board of Public Works endorses the Sidewalk Task Force’s proposal substantially as presented in the Board's July 8, 2013 agenda, and encourages Common Council to approve the same. Carried Unanimously Alderperson Fleming stated the Common Council has received positive feedback from residents regarding the policy change, and more discussion would be held. Creeks, Bridges, and Parks: Award of Contract for Architectural and Engineering Services for the Cascadilla Boathouse Second Floor Rehabilitation Project Proposal – Resolution By Commissioner Jenkins: Seconded by Commissioner Darling WHEREAS, proposals were received on April 11, 2013, for Architectural and Engineering Services for the Cascadilla Boathouse Second Floor Rehabilitation project, and WHEREAS, this project will be funded entirely by a grant from the New York State Environmental Protection Fund and private contributions from the Cascadilla Boat Club and the Friends of Stewart Park, and WHEREAS, Claudia Brenner Design, located at 421 North Aurora Street, #6, Ithaca, NY, 14850, submitted a proposal for Architectural and Engineering Services in the amount of $10,200, plus a reimbursable allowance of $600, now therefore be it RESOLVED, That the contract for Architectural and Engineering Services for the Cascadilla Boathouse Second Floor Rehabilitation project is hereby awarded to Claudia Brenner Design, located at 421 North Aurora Street, #6, Ithaca, NY, 14850, for their submitted low proposal of $10,200, plus reimbursables, and be it further RESOLVED, that the Director of Planning, Building, and Economic Development is authorized to enter into and administer this contract. Carried Unanimously A Resolution Clarifying that the City of Ithaca will Accept Permanent Easements Acquired by New York State for the Cayuga Waterfront Trail Phase 2 By Commissioner Acharya: Seconded by Commissioner Lecesse 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 April 2, 2003, and again from time to time, Common Council has authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 and Phase 3 of the trail project and to provide for the administration and funding of the local share, 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 Board of Public Works Page 4 July 22, 2013 Regular Meeting WHEREAS, as part of a 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN 395024) for administrative purposes, and WHEREAS, on May 6, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail, and WHEREAS, at the direction of the New York State Department of Transportation, Phase 2 and Phase 3 of the Cayuga Waterfront Trail have been administratively separated and assigned separate Project Identification Numbers (PINs) with Phase 2 now PIN 395047 and Phase 3 being PIN 395024, and WHEREAS, the New York State Department of Transportation has requested that the City of Ithaca agree to accept the right-of-way acquired by NYSDOT on behalf of the City of Ithaca, 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 approves of the above-subject Project, and be it further RESOLVED, that upon completion of the Project, the Board of Public Works, in the name of the City of Ithaca, agrees to accept the right-of-way acquired by the State of New York for the Project, and it is further RESOLVED, that the Mayor of the City of Ithaca, upon consultation with the City Attorney, be and is hereby authorized to execute any and all agreements, deeds or certifications in order to progress the Project and to accept the acquired right-of-way on behalf of the City of Ithaca, and be it further RESOLVED, that this resolution shall take effect immediately. Carried Unanimously Transportation Engineer Logue noted that this project was scheduled to be built in 2014. Water and Sewer: Appeal of Water Bills for 719 North Aurora Street – Resolution By Commissioner Acharya: Seconded by Commissioner Lecesse WHEREAS, the water consumption at 719 North Aurora Street changed significantly in the first quarter of 2013 resulting in a bill which was considerably larger than recent bills, and the property owners has requested an adjusted bill based on their belief that they had always paid for the minimum usage amount, but rarely used that amount, and WHEREAS, it is not City policy to credit an account for water billed but not consumed as that water must go through the wastewater treatment plant, now therefore be it RESOLVED, That the Board of Public Works has reviewed the request to modify the water and sewer bill covering the first quarter of 2013 at 719 North Aurora Street and denies the request based on its understanding that the water was consumed at that address and the resulting wastewater processed and be it further RESOLVED, that the Board requests that the City Chamberlain work with the property owners to develop a payment plan, and that no late fees or interest be charged on the bill. Carried Unanimously Board of Public Works Page 5 July 22, 2013 Regular Meeting Acceptance of Proposal for Sixty Foot Dam- Outstanding Engineering Assessment Tasks for the City of Ithaca Municipal Water Supply Project By Commissioner Jenkins: Seconded by Commissioner Darling WHEREAS, In the construction of its new Municipal Water Supply Project the City of Ithaca will be making certain repairs to the existing Sixty Foot (Potters Falls) Dam at our water supply reservoir. These repairs include replacing the existing gatehouse, raw water intake piping, and replacing the low level outlet valve and operator on the dam itself, and WHEREAS, the City will need to make application for permits from the New York State Department of Environmental Conservation Dam Safety Division for this work, and WHEREAS, the New York State Department of Environmental Conservation Dam Safety Division has reviewed the Engineering Assessment (EA) we had done to meet their requirements, under a previous project, by our consultant C.T. Male for the Sixty Foot Dam, and WHEREAS, the NYSDEC Dam Safety Division noted that in their report, C.T. Male found that the existing dam stability analysis was flawed to the extent that a re-analysis is warranted, and that under the modeling scenarios run the dam cannot pass the required design storm without overflowing the rock areas abutting the dam, and WHEREAS, the DEC’s permitting of the work the City desires to accomplish under our current Water Supply Project will in all likelihood be contingent on re-analysis of both the dam stability and the appropriate design storm flows, and WHEREAS, the re-analysis of the dam stability and design storm flows will be tasks which the City will need to address this year, and WHEREAS, at our request O’Brien and Gere has provided us with a proposal to perform the required tasks including, Hazard Classification & Incremental Analysis, Emergency Action Plan Review, and Stability Analysis, for a total fee not to exceed $27,000.00, and WHEREAS, funds for this purpose are available under the contingency lines of the existing related capital project 510, now therefore be it RESOLVED, That the Assistant Superintendent of the City of Ithaca DPW Water & Sewer Division be authorized upon review and approval of the City Attorney to accept this proposal in the form of either a separate contract or an addendum to our current contract with O’Brien and Gere for the Water Supply Project in an amount not to exceed $27,000.00 Carried Unanimously DISCUSSION ITEMS: Addendum VII for Water Supply Project Contract with O’Brien & Gere Asst. Supt. Whitney explained that the Control Systems Integration project would be added to the existing contract with O’Brien & Gere, rather than creating a separate contract that would be managed through a separate division at O’Brien & Gere. He stated that the City would benefit from having the same project manager as the rest of the Water Supply Project. The Board generally agreed. Appeal of Water Bills for 202 Elmwood Avenue Asst. Supt. Whitney explained that because the house was vacant during the meter replacement project in 2009, the meter for this address was not replaced until 2013. The difference between the new and old meter readings was significant. He suggested that a resolution approving the waiving of the difference between the two meter charges, but denying the request to waive the bill in its entirety, would be provided for the Board’s next meeting. ADJOURNMENT: On a motion, the meeting adjourned at 5:20 p.m. Kathrin D. Gehring Svante L. Myrick Executive Assistant Mayor