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