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HomeMy WebLinkAboutMN-BPW-2010-02-10BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. February 10, 2010 PRESENT: Mayor Peterson Commissioners (4) - Jenkins, Brock, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman Deputy City Controller - Andrew Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts Information Management Specialist - Myers Traffic Engineer – Logue PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the January 13, 2010 Board of Public Works Meeting Minutes - Resolution By Commissioner Tripp: Seconded by Commissioner Brock RESOLVED, That the Minutes of the January 13, 2010 Board of Public Works meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Tripp requested the addition of a report from her as the liaison to the Planning and Development Board. No Board member objected. Supt. Gray stated that Asst. Civil Engineer Yost was not able to attend today’s meeting to participate in the discussion of item 8.3 “Appeal of Sidewalk Assessment for 405 and 407 North Aurora Street – Short Form – Resolution”. He requested that the item be removed from the agenda, and that the Board grant themselves Power to Act on it at their February 17, 2010 Committee of the Whole meeting. No Board member objected. MAYOR'S COMMUNICATIONS: Mayor Peterson stated that she wanted to go over Board of Public Works liaison positions with various city boards/committees. She further stated that the City roster shows the following information: Bicycle Pedestrian Advisory Council – vacant. Commissioner Brock stated that she attends the meetings and would serve as the BPW Liaison. Commons Advisory Board – vacant Conservation Advisory Council – Commissioner Jenkins. Commissioner Jenkins stated that she has not been receiving agendas for the meeting. Information Mgt. Specialist Myers will follow up with the Chair of the CAC, Michael Culotta, to make sure that Commissioner Jenkins is on the list to receive agendas. Natural Areas Commission – Commissioner Wykstra Parks Commission – Commissioner Brock Board of Public Works – February 10, 2010- Page 2 Public Art Commission – vacant. Commissioner Tripp offered to think about whether she would consider becoming the liaison to the Public Art Commission Youth Bureau Advisory Board – vacant Planning and Development Board- Commissioner Tripp COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: No one from the public appeared to address the Board. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Encroachment Request for 423 East Lincoln Street – Power to Act – Resolution By Commissioner Wykstra: Seconded by Commissioner Brock RESOLVED, That the Board grant itself Power to Act on the approval of the request for an encroachment for 423 East Lincoln Street at the February 17, 2010, Committee of the Whole meeting. City Attorney Hoffman stated that the Board discussed this item at their February 3, 2010 Committee of the Whole meeting and he would like some guidance from them so he could draft a resolution for their consideration. He asked if Board members felt comfortable with the expanded encroachment request and what they thought the fee should be. Discussion followed on the floor regarding the proposed new porch and roof dimensions, how much of an encroachment would be created, visibility concerns because the property is located at a corner intersection, and what, if any, fee should be charged. Traffic Engineer Logue and Acting Asst. Supt. for Streets and Facilities Benjamin both indicated that they did not think the encroachment would cause a problem with visibility at the intersection. Property owner, Robert Terry, joined the Board for their discussion. He answered various questions regarding the construction of the porch, roof, and dimensions of the requested encroachment. He noted that he has been taking care of the maintenance of the property, including what belongs to the City, as if it did belong to him - at no cost to the City. City Attorney Hoffman explained that appraisals have been completed of city land, and that the appraised value for this encroachment is $2.75 per square foot, which is $480.00 per year. He offered four options to the Board that include: waiving the fee until the City adopts a fee structure, apply a fee based on current appraisals, sell the land to the property owner, or waive the fee completely. He noted that this encroachment is more than 40 square feet which would be subject to a fee under the new legislation. He further stated that the Board can choose what it wants to do but that whatever is decided should be clearly explained in a resolution so there is a precedent for future reference. Acting Asst. Supt. for Streets and Facilities Benjamin noted that the City has right-of- way easements with many property owners on East Lincoln Street that need to be maintained in order to access utilities, and that the Board should keep that in mind as they discuss various options that could be taken for this request, including selling the land in question to the property owner. A Vote on the Resolution Resulted As Follows: Carried Unanimously Request for Encroachment Agreement/License at 910 West State Street - Resolution By Commissioner Wykstra: Seconded by Commissioner Jenkins WHEREAS, the law office of True, Walsh & Schubert, representing the owner of the property at 910 W. State Street (Tax Map Parcel No. 73-3-2), in the City of Ithaca – namely, the Estate of Ralph E. Thorpe, deceased - has requested an encroachment agreement/license from the City for several existing encroachments into the adjacent street rights-of-way (for West Seneca Street and West State Street); and WHEREAS, the encroachments consist of the following: Board of Public Works – February 10, 2010- Page 3 1. The southern face of the building at 910 W. State Street encroaches (on the State Street side) by a distance of approximately 4 inches, for a span of approximately 32 feet; 2. A wooden overhang extending from the southerly face of the building (above the first storey) encroaches over the northerly line of West State Street by approximately 1.4 feet, for a span of approximately 26 feet. 3. Two sets of steps (hereinafter, the “west steps” and the “east steps”) leading from the southerly face of the building encroach over the northerly line of West State Street by approximately 3 feet and 2 feet, respectively, for a span of approximately 4 feet and 7.5 feet, respectively. 4. The northwest face of the building encroaches over the southerly line of West Seneca Street by approximately 2.2 feet, for a span of approximately 34 feet. 5. A wooden overhang extending from the northwesterly face of the building (above the second storey) encroaches over the southerly line of West Seneca Street by approximately 4 feet, for a span of approximately 31 feet (and a metal support beam extends approximately 1 foot more). 6. A deck (with steps on either end) extending from the northwesterly face of the building encroaches over the southerly line of West Seneca Street by an additional 4 feet, for a span (including the steps) of approximately 29 feet. 7. A sunken, concrete entryway, presumably leading to the building basement (which entryway is now covered with a metal door), extends from the northwest face of the building (beneath the westerly end of the afore-mentioned deck) and encroaches over the southerly line of West Seneca Street by approximately 4 to 5 feet (beyond the encroachment of the building itself), for a span of approximately 4 to 5 feet. all of which (except for No. 7, and the metal support beam described in No. 5) are shown on a survey map prepared by T. G. Miller, P.C., Engineers and Surveyors, dated December 8, 2009; and WHEREAS, it appears that the building in question has been in existence in its current location for many years, and that the encroaching porch, steps, overhangs and basement entryway have been in their current locations for at least ten years (and probably much longer), and that all are inside the current location of the existing public sidewalks on the north side of West State Street and the south side of West Seneca Street (i.e., they do 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, due to the existing encroachments at this location; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the Superintendent and the City Attorney, to sign a revocable encroachment agreement/license for the existing porch, steps, overhangs and basement entryway, as well as the northerly and southerly walls of the building at 910 W. State Street, containing the usual terms and conditions (with the license for the porch, steps, overhangs and basement entryway to be revocable upon six months’ notice, and for the building walls upon two years’ notice); and be it further RESOLVED, That the agreement/license shall specify that any rights granted thereby, by the City, shall be subject to and limited by the rights of New York State in West Seneca Street and/or West State Street, by virtue of either street’s status as a State Arterial Highway; and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per the City’s current practice with regard to such agreements for existing encroachments of this sort, but that the agreement shall specify that at any time in the future it may become subject to new license/use fees or other requirements established Board of Public Works – February 10, 2010- Page 4 by the Board as the result of its implementation of the newly-amended Chapter 170 of the City of Ithaca Municipal Code, which implementation is anticipated to occur in 2010. City Attorney Hoffman explained the various encroachments on the property that extend over West State Street and West Seneca Street which all appear to be very old. He stated that both streets are also New York State Routes and the estate may be required to obtain additional approvals from New York State Department of Transportation. He further stated that the encroachment license approved by the Board would be limited to whatever rights the City has for the property. Attorney Peter Walsh addressed the Board on behalf of the estate and explained that there are two buildings located on this property and that this request is for only one of the buildings. He stated that he agrees with the description of the encroachments provided by City Attorney Hoffman and noted that a 1927 survey of the property shows these same encroachments. He further stated that the estate is aware of future requirements regarding possible fees associated with this encroachment license and accepts that responsibility. A Vote on the Resolution Resulted As Follows: Carried Unanimously HIGHWAYS, STREETS, AND SIDEWALKS: Award of Bid for Spencer Street Slope Stabilization – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, bids were received on January 19, 2010 for Spencer Street Slope Stabilization. and WHEREAS, staff has reviewed the three bids received and made recommendations for award, and WHEREAS, Common Council voted to amend Capital Project 746 to a total project authorized budget not to exceed $345,774 at its meeting on February 3, 2010, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for Spencer Street Slope Stabilization to: Economy Paving Co. Inc. 1819 NYS Rt. 13 Cortland, NY 13405 for their low base bid meeting specifications of $299,995.00, and be it further, RESOLVED, That the funds for this work will be derived from Capital Project 746. Carried Unanimously Green Street Public Art Project – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the City has been approached by the Downtown Ithaca Alliance about a proposal to select an artist who would paint a mural on the north face of the center bridge support for the Aurora Street bridge over Green Street, and WHEREAS, the Downtown Ithaca Alliance has set aside funds from its New York Main Street grant for this project, and WHEREAS, Chapter 5 of the City Code for the City of Ithaca sets forth the procedure for making siting decisions regarding public art, which procedure provides for the review (with regard to issues other than aesthetics, such as maintenance, safety and location) of such proposals by “City boards and commissions which have potential interest” in such siting, including the Board of Public Works, now therefore be it RESOLVED, That the Board of Public Works endorses the Green Street Public Art Project, in concept, and, when and if the project is fully approved, directs the Superintendent to work with the Downtown Ithaca Alliance and the Public Art Board of Public Works – February 10, 2010- Page 5 Commission to assist the selected artist in the implementation of the mural at this site, with the caveat that selected artist should be asked to agree to allow the City, in its sole discretion, to repair City infrastructure or remove the mural, if conditions warrant. Extensive discussion followed on the floor regarding the location of the art work, how repairs will be made, whether the proposed mural with narrative on it might prove a distraction to drivers and possibly cause accidents, what waiver the artist would be required to sign if the city displays their art work, and costs to the city for displaying private art work on public property. Amending Resolution: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That the Board of Public Works endorses the Green Street Public Art Project, in concept, and, when and if the project is fully approved, directs the Superintendent to work with the Downtown Ithaca Alliance and the Public Art Commission to assist the selected artist in the implementation of the mural at this site, with the caveat that selected artist be required to allow the City, in its sole discretion, to repair City infrastructure or remove the mural, if conditions warrant.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Ayes (4) Brock, Tripp, Wykstra, Peterson Nays (1) Jenkins Abstentions (0) Carried Power to Act - Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street – Short Form By Commissioner Brock: Seconded by Commissioner Wykstra RESOLVED, That the Board grant themselves Power to Act on the Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street – Short Form – Resolution at the February 17, 2010 Committee of the Whole meeting. Carried Unanimously PARKING AND TRAFFIC: Approval of Parking Policy for Persons with Disabilities – Resolution WHEREAS, the City adopted a Handicap Parking Policy on January 12, 2000 to act as a guideline for requests received for on-street handicap parking, and WHEREAS, the current Handicap Parking Policy has become outdated, and staff has met with the Disability Advisory Council to review and update the current parking policy, now therefore be it RESOLVED, That the Board of Public Works has reviewed and adopts the Draft Parking Policy for Persons with Disabilities dated October 7, 2009 as department policy for on-street disabled parking in order for staff to continue to respond to requests. City Attorney Hoffman stated that the proposed new parking policy for persons with disabilities is quite an improvement over the old policy. He further stated that he was asked to review the policy, which he did, and that he would suggest some wording changes before the Board approves the policy. He noted that the changes are not substantive, but would help the policy read better. He has not been able to do those revisions and suggested the Board grant themselves power to act for their meeting next week. DAC Liaison Roberts stated that he supports the revised parking policy as well as waiting until next week to act on it. Board of Public Works – February 10, 2010- Page 6 Power to Act – Approval of Parking Policy for Persons with Disabilities – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra RESOLVED, That the Board grant themselves Power to Act on the Approval of the Parking Policy for Persons with Disabilities at the February 17, 2010 Committee of the Whole meeting. Carried Unanimously Adoption of the 2010 Vehicle and Traffic Schedule Update – Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law of New York State, and WHEREAS, the Schedules have not been published as part of the City Code in many years because they are in need of review and updating, and WHEREAS, the Office of the City Engineer has been carrying out this review to effect an update, and the Board has amended a number of Schedules in the past few years, and WHEREAS, staff recommends to the Board that the full set of Vehicles and Traffic Schedules be adopted, even as staff continues to review and propose amendments to the Board of Public Works, in order to properly publish the most current set of Schedules for use by the public and the courts, and WHEREAS, it is noted that Article 24 of the New York State Vehicle and Traffic Law essentially states that the traffic control devices currently in place are presumed to be the official regulation regardless of what has been adopted on paper, now therefore be it RESOLVED, That the Board of Public Works hereby adopts the Vehicles and Traffic Schedules, dated December 17, 2009 and as revised on February 10, 2010, and directs staff to continue their efforts to conform the on-street signs or devices and the schedules. Traffic Engineer Logue joined the Board for the discussion of this item, and recommended the following amendments to the schedule: Schedule 28 – “Alternate Meter Parking” – Traffic Engineer Logue stated that he does not understand the intent of this particular schedule. He further stated that the City has not been enforcing it. He would recommend that the entries under the schedule be deleted but to keep the heading and say “reserved” for that section. Schedule 10 – “Trucks Prohibited” – Traffic Engineer Logue explained that there is no clear definition of what a commercial vehicle is and that it needs to be defined so that it can be enforced. He would recommend keeping the heading, deleting the entries and say “reserved” for that section. Schedule 9 – Traffic Engineer Logue recommended the addition of S. Plain Street/Center Street – direction of travel – all way Schedule 22 – “Loading Zones” – Traffic Engineer Logue recommended that the reference to the loading zone on East Seneca Street on the north side by the “Metropolitan Building” be deleted. (We’re not sure what the “Metropolitan Building” is). A Vote on the Resolution Resulted As Follows: Carried Unanimously Award of Contract for Collegetown Traffic Signal Upgrade – Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins WHEREAS, bids were received on January 11, 2010 for the Collegetown Traffic Signal Upgrade, CP 709, PIN 375504, and Board of Public Works – February 10, 2010- Page 7 WHEREAS, staff has reviewed the five bids received and made a recommendation for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for the Collegetown Traffic Signal Upgrade to O’Connell Electric Company, Inc., 830 Phillips Road, Victor, NY for their low bid meeting specifications of $132,918.40. DAC Liaison Roberts questioned whether this upgrade would include audible signals. Traffic Engineer Logue responded that the project does not include audible signals. DAC Liaison Roberts then requested that staff be directed to add audible crosswalks to the project. Traffic Engineer Logue explained that audible signals were not included in the project as the City was concerned about the budget. He stated that he would be willing to negotiate with the contractor regarding amending the project to follow ADA guidelines for crosswalks. He explained what those improvements might entail and expressed concern about fitting the additional poles in this small area. He stated that if the buttons can be installed on the existing poles the cost might be a couple thousand dollars; if they can’t be installed on the existing poles, the cost could be $15,000.00 to $20,000.00. Discussion followed on the floor regarding what ADA requirements are for audible signals and how the City can include them in this project. DAC Liaison Roberts stated that he would work with Traffic Engineer Logue on selecting appropriate equipment in order to implement this change order. He further stated that persons with vision problems are concerned about the decreasing volume of cars, so the more that the City can make audible crosswalks the better to ensure the safety of everyone. A Vote on the Resolution Resulted As Follows: Carried Unanimously CREEKS, BRIDGES, AND PARKS: Acceptance of the Stewart Park Rehabilitation Plan – Resolution Discussion of this item was postponed in order to obtain input from the Parks Commission which will meet in March. Award of Contracts for Cass Park Ice Rink Renovations – Resolutions By Commissioner Wykstra: Seconded by Commissioner Tripp General Construction Contract: WHEREAS, bids were received on January 26, 2010 for the Cass Park Ice Rink Renovations Project, and WHEREAS, staff has reviewed the five bids received for General Construction and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the General Construction Contract for Cass Park Ice Rink Renovations Project to: McPherson Builders 129 West Falls Street Ithaca, New York. 14850 for their low base bid meeting specifications of $259,700.00 and be it further, RESOLVED, That the funds for this work will be derived from Capital Project #733. DAC Liaison Roberts questioned whether the entrances onto the ice at the rink would be made handicap accessible by the project. He stated that currently there are Board of Public Works – February 10, 2010- Page 8 thresholds at the entrances onto the ice which limit access. Supt. Gray responded that he would research that and let him know. A Vote on the Resolution Resulted As Follows: Carried Unanimously DAC Liaison Roberts left the meeting at 6:50 p.m. Electrical Construction Contract: By Commissioner Wykstra: Seconded by Commissioner Tripp WHEREAS, bids were received on January 26, 2010 for the Cass Park Ice Rink Renovations Project, and WHEREAS, staff has reviewed the eight bids received for Electrical Construction and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Electrical Construction Contract for Cass Park Ice Rink Renovations Project to: Wade Electric 175 Mason Road Vestal, New York. 13850 for their low base bid meeting specifications of $34,200.00 and be it further, RESOLVED, That the funds for this work will be derived from Capital Project #733. Carried Unanimously Mechanical Construction Contract: By Commissioner Wykstra: Seconded by Commissioner Tripp WHEREAS, bids were received on January 26, 2010 for the Cass Park Ice Rink Renovations Project, and WHEREAS, staff has reviewed the four bids received for Mechanical Construction and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Mechanical Construction Contract for Cass Park Ice Rink Renovations Project to: Ice Builders, Inc. 4626 Crossroads Park Dr. Liverpool, New York. 13066 for their low base bid meeting specifications of $760,000.00 and be it further, RESOLVED, That the funds for this work will be derived from Capital Project #733. Discussion followed on the floor regarding why certain items were included in this project and others weren’t – such as spectator shields and lighting. Mayor Peterson and Supt. Gray explained that this is a huge project and that the City could only afford to fund these major items in the project budget. Supt. Gray explained that once the mechanical work has begun and no additional surprises as far as additional work or repairs to the mechanical system are needed, then the “add-ons” can be considered and added to the project. He noted that contracts of this type usually have change orders as they progress. Mayor Peterson noted that the City would also look for Federal stimulus funding for the project as well. A Vote on the Resolution Resulted As Follows: Carried Unanimously Award of Bid for Winter Village Trail – Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins WHEREAS, bids were received on February 2, 2010 for the Winter Village Trail, and Board of Public Works – February 10, 2010- Page 9 WHEREAS, staff has reviewed the ten bids received and made a recommendation for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for the Winter Village Trail to Procon Contracting, LLC, 100 Old Vestal Rd., P.O. Box 1037, Vestal, NY for their low bid meeting specifications of $61,888.00. Carried Unanimously WATER AND SEWER: Water Plant Membrane Pilot Study – Follow-Up Discussion: Supt. Gray explained that he selected two slides of different types of membranes from the presentation in order to have a brief discussion to bring everyone up to speed on the status of the study. Discussion followed on the floor on what the differences are between the two membranes, types of filters, and what contaminants the membranes will not pick up. He stated that whatever system the City chooses to adopt will have to be flexible so it can be adjusted to meet the needs for drinking water versus water for bathing or fighting fires, etc. He further stated that he is working with Rick Gell, from O’Brien and Gere to set up a trip for the Board to tour a facility that is using materials that the City may want to use. Mayor Peterson noted that flexibility in the architectural design of the new water plant might be useful as well. The Board requested that this item be placed on the February 17, 2010 Committee of the Whole meeting agenda for further discussion. REPORTS: Commissioner Tripp reported that the Planning Board is looking at what type of parking should be in front of the new building that will be constructed by INHS where the Women's Community Building is currently located. Mayor Peterson reported that the Parking Management Ad-Hoc Committee has been initiated and Commissioner Brock agreed to provide reports to the Board on their activities. Commissioner Wykstra noted that the Board would like to have a joint meeting with Common Council scheduled regarding the City Charter. Discussion followed on the floor regarding the Charter and Code Review Ad-Hoc committee make-up and meetings. ADJOURNMENT On a motion the meeting adjourned at 7:20 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor