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HomeMy WebLinkAboutMN-BPW-2010-01-20BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:50 p.m. January 20, 2010 PRESENT: Mayor Peterson Commissioners (4) - Jenkins, Brock, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff Executive Assistant – Gehring Director of Planning & Development – Cornish Downtown Ithaca Alliance Director – Ferguson General Manager of Center Ithaca – Petrillose Landscape Architect – Manning EXCUSED: DAC Liaison – Roberts Green Street Public Art Project – Discussion Downtown Ithaca Alliance Director Gary Ferguson joined the Board for the discussion of this item. Supt. Gray explained that the request from the Downtown Ithaca Alliance is to install art on a street right of way. He wanted to ensure the Board was comfortable with the idea of public art on City property. Mr. Ferguson explained that the public art mural project will be funded by the Downtown Ithaca Alliance through state grants. He further explained that the City’s Public Art Commission would be over-seeing and approving the art for the project. He stated that the proposed location for the mural is the bridge abutment under the Aurora Street Bridge on Green Street. He further stated that the money has to be used by the end of June 2010. Commissioner Jenkins arrived at 5:02 p.m. Discussion followed on the floor regarding placement of art on an abutment that is on a state-owned right of way, ensuring that language be placed in the Request for Proposals that states the City has the right to remove the art, and that the art could be damaged during maintenance of the bridge. Further discussion followed on the floor regarding ongoing construction projects that are not yet completed, lack of funding for installation of artwork on Hector and Cliff Street bridges, and fundraising options. Commissioners Wykstra and Brock expressed their support for the public art project. The Board further expressed general consensus to release the Request for Proposals for this project. Endorsement of Private Operation of the Trash/Recycling Facility Beneath Green Street Parking Garage, and Authorization of Solicitation of Proposals – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, prior to the recent reconstruction of the middle portion of the Green Street Parking Garage, certain trash handling and recycling facilities were maintained beneath that portion, by Center Ithaca, in the so-called “service alley” just west of the Rothschild Building (over which alley the owners of Center Ithaca hold a permanent easement), for the use of the various tenants of Center Ithaca; and WHEREAS, at some point prior to 2004, the City of Ithaca established a separate facility for the handling of trash and recycled materials, beneath the westerly portion of the Green Street Parking Garage, and made arrangements for that facility to receive waste Board of Public Works Page 2 January 20, 2010 Committee of the Whole materials from City Hall, as well as from various businesses in the immediate Commons vicinity (for a fee); and WHEREAS, during the reconstruction of the Green Street Garage (which rendered the service alley non-usable during that time), the City agreed to allow Center Ithaca to utilize the City’s trash/recycling facilities for a fee, which facilities were partially enclosed and upgraded in certain ways during said reconstruction; and WHEREAS, as a result of the reconstruction of the middle section of the Green Street Garage, by the City, it became impractical for Center Ithaca to resume its trash-handling operations in the service alley - which result had not been anticipated by either the City or Center Ithaca, so it became necessary for Center Ithaca to continue to use the City’s facility (which remains the case, at present); and WHEREAS, it is in the City’s interest to encourage businesses in the vicinity of the Commons to dispose of their trash and recycled materials in a manner that minimizes the impact on the Commons and related public areas, in terms of issues such as odor, potential spillage and/or scavenging and visual clutter; and WHEREAS, having responsibility for the operation of the expanded trash/recycling facility beneath the Green Street Garage is burdensome to the City, as it involves monitoring and controlling use, collecting fees, renting the appropriate equipment, maintenance and repair of the area, and other issues; and WHEREAS, it appears that the objectives of providing the trash/recycling facility could be effectively accomplished through private operation of the same, pursuant to a license from the City, thus relieving the City of this burden; now therefore be it RESOLVED, That the Board of Public Works endorse the concept of having the trash/recycling facility operated by a private entity, rather than the City, and be it further RESOLVED, That the Board hereby authorizes the Superintendent, in consultation with the Mayor and the City Attorney, to issue a Request for Proposals (RFP) to operate a trash/recycling facility at the current location beneath the Green Street Parking Garage, pursuant to a license/agreement with the City that would: 1. Allow the selected operator to use a defined area of City property, in exchange for payment of an annual use fee based on its fair rental value; 2. Require the operator to accept trash and recycled materials from City Hall (if the City so chooses) and from businesses in the immediate vicinity (i.e., the 100 and 200 blocks of East State/MLK Street), in exchange for payment of a fee (which fee shall be set by the operator, but shall be equitable among such customers); 3. Require the operator to provide the necessary equipment, and to maintain the equipment and the facility in good repair and in a clean and safe condition, and consistent with other, specified parameters, and to refrain from any interference with the City’s operation of the parking garage; 4. Require the operator to pay directly (or to reimburse the City) for any utilities used (e.g., electricity, water); 5. Require the operator to maintain appropriate liability insurance naming the City as a co-insured, and to indemnify and hold-harmless the City; 6. Reserve to the City the right to use the exterior walls of the trash area enclosure; and 7. Run for a period of 5 years (providing there is no breach by the operator); and be it further RESOLVED, That responsive proposals to such RFP shall be reviewed by a duly designated subcommittee of the Board (assisted by staff) and presented thereafter to the Board for action. Bill Petrillose, General Manager of Center Ithaca, joined the Board for the discussion of this item. Board of Public Works Page 3 January 20, 2010 Committee of the Whole Discussion followed on the floor regarding management of the usage of the facility, fees that would be charged by the maintenance company, and the number of businesses that are expected to utilize the trash facility. Mr. Petrillose explained that the arrangement with the City to use the trash facility began during the construction of the Green Street Garage, and that the City agreed that Center Ithaca would be put back whole, with trash and loading zones on the easterly side of the service alley, after construction was complete. He further explained that due to construction changes, there wasn’t enough space for both zones in the alleyway. He further stated that Mack Travis, owner of Center Ithaca, was in support of obtaining maintenance responsibility for the trash facility. Amending Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the second Resolved clause item number 3 be amended and that an item number 8 be added that would read as follows: “3. Require the operator to provide the necessary equipment, and to maintain the equipment and the facility in good repair and in a clean and safe condition, and consistent with other, specified parameters, and to refrain from any interference or impact on the structure of the parking garage with the City’s operation of the parking garage 8. Maintaining the ingress and egress for operation of trash handling facilities.” And be it further RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the Board of Public Works endorse the concept of having the trash/recycling facility beneath the Green Street Garage operated by a private entity, rather than the City, and be it further” Discussion followed on the floor regarding the loading/unloading zones, and ensuring that deliveries could be made from those areas. A Vote on the Amending Resolution Resulted as Follows: Carried Unanimously Amending Resolution: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That Item #8 in the second Resolved clause be retracted. Discussion followed on the floor regarding the number of potential businesses that would utilize the trash facility. A Vote on the Amending Resolution Resulted as Follows: Carried Unanimously Main Motion as Amended: A Vote on Main Motion as Amended Resulted as Follows: Carried Unanimously Power to Act - Acceptance of Water and Sewer Easements from Wal-Mart (for Tax Parcel No. 118-1-1.2) and Authorization to Execute the Same – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, certain water and sewer mains and related facilities have been or will be installed on Tax Map Parcel No. 118-1-1.2 in the City of Ithaca, which property is owned by Wal-Mart Real Estate Business Trust (hereinafter “Wal-Mart”); and WHEREAS, the Superintendent of Public Works for the City has determined that it is in the best interest of the City (and the optimal functioning of the City’s water and sewer systems) to have control of and responsibility for the afore-mentioned water and sewer mains and related facilities; and WHEREAS, Wal-Mart is prepared to grant permanent easements to the City (without cost), over, under and across the above-referenced property (which easement areas Board of Public Works Page 4 January 20, 2010 Committee of the Whole would be required to remain free of buildings), pursuant to which the City will have sole control of said water and sewer facilities within the easement areas, as well as sole responsibility for the maintenance, repair or replacement of said facilities; and WHEREAS, such proposed easement instruments, including maps showing the easement areas, have been provided by Wal-Mart (through its counsel, Harter, Secrest & Emery, LLP) and have been reviewed by the City Attorney and by the Superintendent and/or his designees, and are in a form that is agreeable to them; now therefore be it RESOLVED, That the Board of Public Works hereby accepts such water and sewer easements from Wal-Mart, on behalf of the City of Ithaca, and authorizes the Mayor, upon consultation with the City Attorney and the Superintendent (as needed), to execute easement instruments for the same, in a form that is substantively the same as the drafts provided to the City on January 19, 2010, as well as any other, related, required documentation. Carried Unanimously Stewart Park Rehabilitation – Presentation Landscape architect Rick Manning joined the Board for their discussion of this item. He provided an update of the Stewart Park Rehabilitation Plan, explaining that a $15,000 grant was received several years ago for the study of rehabilitation of the buildings and parkland. He further explained that in 2009 a significant volunteer effort was undertaken to repaint the main pavilion. He stated that multiple City staff assisted in the effort to repaint, acquire the paint, and assist in recruiting volunteers. Mr. Manning further explained activities planned for 2010, including the completion of Phase 3 of the Cayuga Waterfront Trail, a clean-up of the waterfront in Stewart Park, continued painting of the buildings, the creation of a “Friends of the Park” organization, and submission of grant applications for further rehabilitation projects, including a sculpture art trail within the park. He requested a letter of support from either the Board or Common Council to assist in obtaining the grants. Discussion followed on the floor regarding a private organization applying for a grant to work on city-owned property, ensuring that the proposed changes to the park are approved by the city, and that a feasibility study be completed. Commissioner Tripp expressed her disapproval of a sculpture art trail in Stewart Park. Commissioner Wykstra expressed his support for the rehabilitation plan and requested that this same presentation be provided to Common Council. The Board agreed to include this item on the agenda for the February 10, 2010 voting meeting. Water Treatment Plant Client Committee vs. Stakeholder Group – Discussion Supt. Gray explained that the client committee is the Board of Public Works, while a stakeholder group is a larger community group that participates in discussions and makes recommendations. Mayor Peterson explained that she would name an ad hoc client committee to work on the water treatment plant project. She further explained her opinion that the Board of Public Works is a board and will function as a board, and the client committee would work on separate issues. BPW Membership, Duties & Responsibilities – Discussion Mayor Peterson stated that she had not received any further applications for membership on the Board of Public Works. Discussion followed on the floor regarding recruiting new members for the Board. ADJOURNMENT On a motion the meeting adjourned at 6:28 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor