Loading...
HomeMy WebLinkAboutMN-BPW-2010-06-09BOARD OF PUBLIC WORKS OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. June 9, 2010 PRESENT: Acting Mayor Cogan Commissioners (5) - Jenkins, Brock, Goldsmith, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman City Controller - Thayer 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 Alderperson – Rosario Director of Planning and Development – Cornish Sr. Planner – Nicholas Traffic Engineer – Logue Alderperson – Dotson EXCUSED: Mayor Peterson COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD OF PUBLIC WORKS: Tsvi Bokaer, Fall Creek Associates Partner, addressed the Board to encourage them to support their request for the City to refrain from charging them for use of a strip of land they rent from the City until they are able to find a new tenant for the property at 1201- 1215 N. Tioga Street. RESPONSES TO PUBLIC: There was no response to the public. REPORTS: Commissioner/Planning Board Liaison Tripp reported that the Planning Board has been reviewing the Collegetown Terrace proposal and the draft Environmental Impact Statement is available for public review. In addition, the Planning Board has also been reviewing the Cayuga Waterfront Trail project. She stated that the Collegetown Terrace project is probably more pertinent to the Board as it relates to traffic concerns. Commissioner/Parks Commission Liaison Brock reported that a sub-group of the Parks Commission has been evaluating the position that is currently open for the City Forester and the role of the Board of Public Works to that position. They are also looking to create a schedule of fees for use of park resources. She further reported that the Parking Management sub-committee is working on a draft parking policy that will come to the Board for discussion in the future. Supt. Gray stated that the City Forester position is not currently vacant although the final disposition is being pursued and the final outcome should be known soon. Asst. Supt. Whitney reported that the Water and Sewer Department will begin work on the water and sewer mains between South Cayuga Street and South Aurora Street on E. Clinton Street (in front of the Ithaca Police Department) starting June 14th, and they expect that project to be completed by August 18th. He stated that section of road will be closed to all through traffic during construction. They will also complete dam assessments in coordination with the 9-1-1 system to finalize emergency response plans. Crews will also be installing hydrants in the flower bed areas on East State Street and the water membrane study at the water plant is ongoing. Acting Asst. Supt. Benjamin reported that his crews will begin final paving on Hector Street, weather permitting, on June 10th. They will soon begin work on East State Board of Public Works of Public Works – June 9, 2010- Page 2 Street to replace a culvert/water interceptor because water has been coming to the surface of the street from an unknown source and they may need to put another sub- surface drain in there. Supt. Gray reported that the trail behind the Gateway Plaza is progressing well and should be completed soon. He stated that they are in the design phase of the emergency generator project for City Hall and GIAC. He further stated that repaving of Route 89 by Cass Park will begin soon and they hope to have the overlay done later this year/early next year. He announced that there would be a tour on Wednesday, June 16th at 3:00 p.m. for the Board of the water plant to see how the pilot study of the water membrane is progressing, with a report at the regular Board meeting following the tour. He also reported on the status of the Columbia Street bridge re-paving project which needs to begin as soon as possible or they will lose the opportunity to do the project this season. He further explained that costs are coming in higher than because of the location (100’ high and 300’ long) over a gorge. Commissioner Brock questioned whether the shoulders would be paved with the Route 89 project since that is a major thoroughfare for cyclists. Acting Asst. Supt. Benjamin responded that the shoulders can be re-graded but not paved as that would take one- third of the budget and they just don’t have the funds right now to pave the shoulders. He further explained that this project has been postponed a couple of times because of conflicts with State DOT work and really needs to be completed soon. Award of Contract for Alex Haley Municipal Pool Investigation & Mitigation – Capital Project #755 By Commissioner Goldsmith: Seconded by Commissioner Wykstra WHEREAS, City staff has observed a number of fissures in the grass area west of the Alex Haley Pool and a shift of approximately one inch in the concrete pool deck and stainless steel wall at the west end of the pool, and WHEREAS, extensive soil remediation has recently been conducted by New York State Electric and Gas just to the west of the pool area including the installation and removal of steel sheet piling, extensive dewatering, excavation and backfill and compaction of soils, and WHEREAS, New York State Electric and Gas has been advised of the conditions at the pool and agrees that continued soil movement and deflection of the pool need to be addressed in order to prevent further damage to the pool, and WHEREAS, the City of Ithaca established Capital Project 755 to make repairs to the Alex Haley Pool, and WHEREAS, New York State Electric and Gas has agreed to reimburse the City of Ithaca for expenses incurred in investigating and mitigating the effects of soil remediation, and WHEREAS, LaBella Associates of Rochester, NY has submitted a proposal to investigate soil conditions and the structure of the pool and prepare long term mitigation plan to prevent further damage to the pool, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works of Public Works hereby awards the contract for Alex Haley Municipal Pool Investigation and Mitigation to LaBella Associates, P.C. of Rochester, NY, for $42,000, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Discussion followed on the floor regarding whether this contract would bind NYSEG to future costs related to pool repairs as a result of their ongoing work in this area. In addition, there was discussion on whether or not this project would need to go to bid which is a requirement for capital projects. Supt. Gray explained that since the contract is for professional services and it is an emergency situation that it does not have to follow the normal bidding process. Board of Public Works of Public Works – June 9, 2010- Page 3 City Attorney Hoffman explained that Common Council established a purchasing policy that requires three bids for a professional services contract of this type. He stated that if the Board deems this is an emergency situation then the requirement to obtain three bids is removed. He recommended that the resolution be amended to reflect that this is emergency work so it does not have to follow the established policy. He suggested proposed language that could be included in the resolution as an amendment. The Board agreed to table their discussion of this item until later in the meeting to allow City Attorney Hoffman to work on the wording for the proposed amendment. Motion to Table: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the Board table discussion of this item until later in the meeting. Carried Unanimously Motion to Remove from the Table: By Commissioner Wykstra: Seconded by Commissioner Brock RESOLVED, That the resolution be placed on the table for further discussion. Carried Unanimously Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Jenkins RESOLVED, That a new Whereas clause be added to the resolution as the fourth Whereas clause and that the sixth and seventh Whereas clauses be amended so that they all would read as follows: “WHEREAS, this problem arose suddenly and unexpectedly, and could endanger the physical integrity of the pool, if not addressed quickly, and therefore constitutes an emergency situation that could be exacerbated by the time required to comply with the City’s purchasing policy, regarding requests for proposals for such professional services, and WHEREAS, New York State Electric and Gas previously agreed to reimburse the City of Ithaca for any damage to the pool resulting from the remediation project, and WHEREAS, at the City’s request, LaBella Associates of Rochester, NY, the contractor for the City’s adjacent Greater Ithaca Activities Center renovation project, has submitted a proposal to investigate soil conditions and the structure of the pool and prepare a long term mitigation plan to prevent further damage to the pool, now therefore be it” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Recommendation for Acceptance of the Revised Shopping Cart Ordinance – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca’s rules and practices regarding shopping carts are in need of updating; and WHEREAS, a special committee was formed, including representatives of the Department of Public Works, the Board of Public Works, and Common Council, to address this issue; and WHEREAS, they produced a draft revision of Chapter 268 of the City Code entitled Shopping Carts, and WHEREAS, the Board of Public Works has reviewed this proposal, and requested modifications which will be incorporated into the proposed ordinance before it is presented to Common Council; now therefore be it Board of Public Works of Public Works – June 9, 2010- Page 4 RESOLVED, That the Board of Public Works of Public Works hereby approves the revised Chapter 268, including any modifications approved on this date, and recommends adoption by Common Council of the same. CC Liaison Zumoff noted a small correction to the definition of “Abandoned Shopping Cart” as follows (second line – instead of property with the City of Ithaca – it should read property within the City of Ithaca): ABANDONED SHOPPING CART A shopping cart that is unattended by any person, and is either located on any public property within the City of Ithaca or is located on the private property of a person or entity other than the property of the identified owner of the shopping cart without the consent of both the identified owner of the shopping cart and the owner of the property. Amending Resolution: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That all references to $5.00 within the ordinance be changed to $10.00. Carried Unanimously City Attorney Hoffman stated that because of the current work load in the Attorney’s Office and because the office is also short-staffed, he has not been able to review the proposed changes to the ordinance. He did note that he has a concern regarding the City owning other people’s property. He stated that he does not think that should delay the Board’s decision on the resolution as he can submit any recommendations to Common Council when they consider this ordinance change. Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously CHAPTER 268 SHOPPING CARTS §268-1 Definitions. Unless otherwise stated, the words and expressions used in this chapter shall have meanings as follows: ABANDONED SHOPPING CART A shopping cart that is unattended by any person, and is either located on any public property within the City of Ithaca or is located on the private property of a person or entity other than the property of the identified owner of the shopping cart without the consent of both the identified owner of the shopping cart and the owner of the property. PERSON Natural persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued. PUBLIC PLACE A street, avenue, road, alley, public passageway, land, highway, concourse, driveway, culvert, crosswalk and sidewalk, pedestrian mall and every class of road, square and municipal or private parking field used by the general public. SHOPPING CART Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated and identified as required herein, such as is generally provided by merchants for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. §268-2 Identification. Every person who owns or makes available to the public in connection with the conduct of business and trade any shopping cart shall mark it or cause the same to be marked and identified conspicuously with the name of the owner. Such identification shall be in the form of metal tags securely fastened to the cart or a cutting or stamping on the frame of the cart or other means for permanently identifying the owner of the cart. Board of Public Works of Public Works – June 9, 2010- Page 5 §268-3 Removal and possession unlawful. It shall be unlawful for any person or his/her agent or employee to take, remove or possess any shopping cart beyond the premises of the identified owner of the shopping cart without the express permission of the identified owner. §268-4 Penalties for offenses. Any person who violates any provision of § 268-3 of this chapter shall be liable for and pay a penalty of $10 for the first such violation and no less than $25 nor more than $50 for each subsequent violation. Each removal of a shopping cart shall constitute a separate violation. §268-5 Abandonment unlawful. It shall be unlawful for any person or his/her agent or employee to cause, create or permit an abandoned shopping cart leave or to suffer or permit to be left unattended any shopping cart, either owned by the person or in such person's possession, custody or control, at any public place within the City of Ithaca or upon the property of another without the consent of the owner of the property. §268-6 Removal of abandoned shopping carts. The Superintendent of Public Works of the City of Ithaca is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart within the city from any public place without notice and from any private premises with the consent of the owner of the premises. Thereafter, the Superintendent of Public Works either (1) and shall take or cause the same to be taken to a facility within the city for redemption or disposition as hereinafter provided, or (2) shall return the same to the identified owner. Upon such return, the identified owner shall be liable to the City for the reasonable costs of retrieval, transport and return of the shopping cart in the amount of $5.00 per shopping cart. The Superintendent of Public Works is authorized to call upon other city agencies or departments to assist in enforcement of this section. §268-7 Redemption. A. Notification. Whenever the Superintendent of Public Works shall take possession of any shopping cart as herein specified and such shopping cart contains identification of ownership, a notice shall be sent by ordinary mail to the address of such person purported to be the owner of the cart as designated on the cart advising that such property is held by the city and advising the amount necessary to redeem said cart. If the shopping cart does not contain identification of ownership as required herein, then the same shall be disposed of in the same manner as unclaimed property, as set forth below. B. Procedure; costs; immunity of city. Any shopping cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof as provided herein upon tendering the sum of $5 for each cart to the Superintendent of Public Works. In addition, the person seeking to redeem the same shall be required to pay the proportionate cost of advertising the sale thereof, if any. No property shall be delivered to a person seeking to redeem the same unless proof establishing, to the satisfaction of the Superintendent of Public Works, such person's ownership is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the city against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the same ought to have been delivered may recover the same, with interest and costs, from the person to whom the same shall have been delivered. §268-8 Disposal of unclaimed property. A. Public notice; conduct of sale. Where any shopping cart remains in the custody of the Superintendent of Public Works for a period of 15 days after the mailing of notification as aforesaid and no person has redeemed the same and presented to the Superintendent of Public Works proof establishing to his/her satisfaction such person's ownership thereof, Periodically, the Superintendent of Public Works shall conduct a public sale of all abandoned shopping carts in his/her custody as provided herein. The Superintendent of Public Works shall publish a notice once in the official newspaper of the city advising that, at a specified place and time not less than five twenty days after Board of Public Works of Public Works – June 9, 2010- Page 6 such notice is published, such property will be sold at public auction for the best price that can be obtained in excess of the redemption fee, costs of publication and other expenses of the city for conducting the sale. Such sale shall be conducted by the Superintendent of Public Works or his/her designee. B. In the event that any shopping cart is sold at public auction to any person other than the person who is identified on the shopping cart as the owner thereof, the city shall authorize the buyer to remove the prior ownership identification, and the buyer immediately shall take possession of the cart. mark the cart so indicating and deliver to the buyer proof of such purchase. C. Resale or other disposition; immunity of city. In the event that such property shall remain unsold at public auction, the Superintendent of Public Works may re-offer said property for sale at a subsequent public auction held pursuant to this chapter, or he/she may dismantle, destroy or otherwise dispose of the property. Any such sale or other disposition of such property pursuant to this chapter shall be without liability on the part of the city to the owner of such property or other person lawfully entitled thereto or having an interest therein. D. Disposition of proceeds. All proceeds received from the redemption and/or sale of abandoned shopping carts pursuant to this chapter shall be deposited to the general fund of the city. 7.2 HIGHWAYS, STREETS, AND SIDEWALKS: 7.2A Award of Bid for Thurston Avenue Pavement Improvements & Pedestrian Enhancements Project - Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, bids were received on May 25, 2010, for Thurston Avenue Pavement Improvements & Pedestrian Enhancements project, and WHEREAS, staff has reviewed the three bids received and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for Thurston Avenue Pavement Improvements and Pedestrian Enhancements Project to Suit-Kote Corporation, 1911 Loring Crossing Rd., Cortland, NY for their low bid meeting specifications of $245,981.00, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Carried Unanimously CREEKS, BRIDGES, AND PARKS: Award of Bid for Cayuga Waterfront Trail Phase 3 Construction Project – Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins WHEREAS, bids were received on May 7, 2010 for construction of Cayuga Waterfront Trail – Phase 3, CP 445, PIN 395024, and 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 of Public Works hereby awards the construction contract for Cayuga Waterfront Trail – Phase 3 to Procon Contracting, LLC, 100 Old Vestal Rd., P.O. Box 1037, Vestal, NY for their low bid meeting specifications of $848,000.00, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Board of Public Works of Public Works – June 9, 2010- Page 7 Carried Unanimously Selection of a Preferred Site for the Location of a Sediment Management Facility – Resolution By Commissioner Brock: Seconded by Commissioner Goldsmith WHEREAS, on June 9, 2006, Common Council authorized the filing of an application for funds from the New York State Department of State Environmental Protection Fund’s Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, or 50% of the original estimated project costs for the Planning and Design phases of the project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, and WHEREAS, in fall 2006 the City was awarded the grant funds, and WHEREAS, in January 2007 the City, issued a Request for Proposals for project planning and design and selected Ecologic L.L.C. (lead) with ERM (subcontractor), and, WHEREAS, the main objective of the planning phase was the identification of a preferred alternative for the location of a sediment management facility, which required conducting a site reconnaissance of the project area and potential dewatering sites, and WHEREAS, work on the site reconnaissance was guided by the Dredging Project Advisory Committee (DPAC), which met four times between April 2007 and March 2010, and by the agencies involved in the project; NYSDEC, US Army Corps of Engineers, and NYS Canal Corporation, and WHEREAS, the consultant, working in coordination with city staff completed a Draft Site Reconnaissance Report which compiled existing conditions of the project area and potential sites, including, land use, zoning, ownership and natural and cultural resources in the project area, sediment testing and analysis results, current channel profiles derived from 2008 bathymetry, user surveys, an economic analysis of the waterway, a legal analysis of site constraints and a matrix of all potential dewatering sites, and WHEREAS, the Draft Site Reconnaissance Report was reviewed by the agencies involved in the project and amended based on their comments and recommendations, and WHEREAS, in March of 2010 the Draft Site Reconnaissance Report was distributed to the members of DPAC, Common Council and the Board of Public Works of Public Works and made available to the public, and the report was presented by the consultant and city staff to the three groups and at a public meeting, and WHEREAS, Members of the DPAC have submitted individual statements regarding their preference and rational for a preferred alternative for the location of a sediment management facility site based on the Draft Site Reconnaissance Report, and those statements have been compiled and distributed to the Board of Public Works and Common Council, and WHEREAS, the Board of Public Works understands the responsibilities of the agencies in the dredging project to be as follows: United States Army Corps of Engineers (ACOE): The ACOE constructed the Flood Control Channel (designated as the stream segment extending from the outlet at Cayuga Lake south to the end of the channel) and associated levee system. The ACOE periodically (usually annually) participates in joint inspections of the Federal risk management project with the sponsor (NYSDEC) to evaluate overall project conditions and the adequacy of their operation and maintenance efforts. An inspection rating of "Minimally Acceptable" or better is necessary for the project to remain active in the ACOE Rehabilitation and Inspection Program (RIP). Projects that remain active in the RIP may be eligible for Federal assistance if they are damaged by a major storm or flood event. Projects that are inactive are ineligible for such assistance. Risks associated with project deficiencies are communicated by ACOE to project stakeholders. ACOE may Board of Public Works of Public Works – June 9, 2010- Page 8 provide emergency operations assistance prior to or during a flood event, whether a project is active or inactive. New York State Department of Environmental Conservation (NYSDEC). Responsibility for maintenance of the flood control portion of the waterways was conveyed to New York State upon completion, through the NYSDEC. NYSDEC is responsible on behalf of the State of New York for all dredging necessary for flood control. New York State Canal Corporation The Canal Corporation is responsible for maintaining a navigation channel in Cayuga Inlet from the Buffalo St. Bridge to the lighthouse. City of Ithaca The City of Ithaca is concerned with the creeks from their outlets to the city limits. The City is desirous of maintenance in all creeks from the outlets upstream and all marinas within the City limits. The City has responsibility for “ordinary maintenance” of the flood control channel, which has included mowing, brush removal and other work along the banks of the channel, and WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board of Public Works it was decided by mutual agreement that the Board of Public Works would undertake the task of selecting a preferred site, and that at the completion of this process, would submit their recommendation for a preferred site to Common Council for final approval, and WHEREAS, the Board of Public Works has completed an analysis of the potential sites which has included review of the Draft Site Reconnaissance Report, undertaken site visits to the former southwest park and to the sediment management facility in Montour Falls, and participated in discussions with city staff and consultants, and WHEREAS, members of the Board of Public Works understand that selection of the preferred alternative allows the next phase of the project to commence. This phase will include environmental review (likely an Environmental Impact Statement) of the preferred alternative as well as design, permitting and construction of the facility. Clarification regarding legal, financial, schedule, management, and other arrangements between the City and NYSDEC (and, to a lesser extent NYS Canal Corporation) will also be part of the next phase, and WHEREAS, members of the Board of Public Works have taken into consideration the following criteria when deciding on a recommended preferred alternative for the City's Sediment Management Facility: adequate acreage to service the initial dredging event, as well as future long term maintenance dredging needs; accessibility and proximity of the site to the Cayuga Inlet, Flood Control Channel and creeks; ownership of land; technical feasibility and feasibility in regards to acquiring permits and approvals, and acceptability to the public, now therefore be it RESOLVED, That the Board of Public Works does hereby select the Southwest area (see seven (7) sites listed in Table 14 of the Decision Matrix) as the preferred alternative for the location of a Sediment Management Facility and requests that Common Council confirm this selection by vote prior to the City undertaking environmental review, project design, and coordination with state agencies, and be it further RESOLVED, That if the involved agencies, with cooperation from the City, cannot resolve any potential issues on the site, or if any issues arise during the course of the next phase of the project that cannot be resolved, a re-evaluation of the other upland sites for a sediment management facility will be necessary. Board of Public Works of Public Works – June 9, 2010- Page 9 Amending Resolution: By Commissioner Wykstra: Seconded by Commissioner Tripp RESOLVED, That the 10th Whereas Clause and the 13th Whereas Clause be amended to read as follows: “WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board of Public Works, it was decided by mutual agreement that the Board of Public Works would undertake the task of selecting a preferred site, and that at the completion of this process, would submit their preferred site to Common Council for final approval, and WHEREAS, members of the Board of Public Works have taken into consideration the following criteria when deciding on a preferred alternative for the City's Sediment Management Facility: adequate acreage to service the initial dredging event, as well as future long term maintenance dredging needs; accessibility and proximity of the site to the Cayuga Inlet, Flood Control Channel and creeks; ownership of land; technical feasibility and feasibility in regards to acquiring permits and approvals, and acceptability to the public, now therefore be it” Ayes (5) Wykstra, Tripp, Brock, Jenkins, Goldsmith Nays (1) Cogan Abstentions (0) Carried Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Jenkins RESOLVED, That the last Resolved Clause be amended to read as follows: “RESOLVED, That if the involved agencies, with cooperation from the City, cannot resolve any potential issues on the site selection, or if any issues arise during the course of the next phase of the project that cannot be resolved, a re-evaluation of the other upland sites for a sediment management facility will be necessary.” Sr. Planner Nicholas stated that she wanted the Board to know what the intention of that wording was which was that we all know that it is a very complicated site and that if any issues can’t be resolved pertaining to the site and if any issues come up during the next phase pertaining to the site then other sites have to be considered. Acting Mayor Cogan asked if the Board members would like to withdraw their motions and they did. Commissioner Goldsmith withdrew his motion and Commissioner Jenkins withdrew her second on the motion. Amending Resolution: By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the definition of the City of Ithaca’s responsibility be amended to read as follows: “City of Ithaca The City has responsibility for “ordinary maintenance” of the Flood Control Channel, which has included mowing, brush removal and other work along the banks of the channel, and City Attorney Hoffman explained that the City paid for an outside legal opinion about the responsibility with regard to dredging or maintenance of flood control capacity and navigability. He thinks that the less that is said in this paragraph the better. He is not comfortable with what’s in it. He appreciates the terms “concerned with” or “desirous of”. He explained that the only thing that has been found in the agreements between the City and State or Army Corps is that the City has responsibility for ordinary maintenance and we know what that has been by custom since the late 1960’s early 1970’s. He thinks that the last line is accurate and important to have in there; the first two sentences, again, he thinks the language is such that it doesn’t acknowledge any particular responsibility but rather an aspiration. He is not sure about all creeks from the outlets upstream that implies all the way to the City boundary. He tends to agree with Supt. Gray that the City’s responsibility is somewhat unclear. With regard to all marinas, he would take that phrase out just because most of the marinas are private property. There is a State owned marina as well and that is clearly not the City’s responsibility so Board of Public Works of Public Works – June 9, 2010- Page 10 he is less comfortable with having marinas in a sentence that has to do with City responsibility. Commissioner Brock expressed concern that the Draft Site Reconnaissance Report should be amended to reflect this position so that it is consistent with the resolution. The report is referred to in the resolution as the basis for the Board’s decision and responsibilities. She thought that if that document is to stand as is, then she would rather remove entirely the first two sentences and leave it with the City has responsibility for the ordinary maintenance of the flood control channel which has included mowing, brush removal and other work along the banks of the channel these changes should be made. For the sake of consistency and not to cloud ones understanding of what the City acknowledges as its responsibilities, Commissioner Brock asked whether the consultants report would be changed to reflect the understanding of the city’s responsibilities being expressed during this meeting.. Acting Mayor Cogan asked Commissioner Brock if she was saying that there is contradiction between what’s in the report and this resolution (Commissioner Brock read from the report the section pertaining to her concern about the City’s responsibilities). Supt. Gray responded that the report will be around for a while and he would tell Commissioner Brock that that statement about the city’s responsibilities is inaccurate. He would not want it perpetuated and he would not want it quoted. Acting Mayor Cogan asked if the draft report had been adopted in some sort of official capacity. Director of Planning and Development Cornish and Supt. Gray responded that it had not. Acting Mayor Cogan confirmed that it is just a consultant’s report so he thinks that the resolution will be more likely to be referred to than the report. A Vote on the Amending Resolution Resulted As Follows: Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Director of Planning and Development Cornish stated, for the record, that the wording in the report will be revised to reflect the wording that is in the resolution that the Board just approved. Commissioner Goldsmith stated that from his perspective a report is a report; the resolution is a legal document and the report is not. Supt. Gray extended his thanks to Director of Planning and Development Cornish and Sr. Planner Nicholas for getting the City this far. It has been a phenomenal amount of effort on their part. He realizes this is not the end, but for him, this is quite a milestone for something that started years ago. The City will be the beneficiary of this if we can complete it. Director of Planning and Development Cornish stated that Sr. Planner Nicholas is the driving force behind this and has done a wonderful job. The Board applauded both for their efforts. WATER AND SEWER: Protest of Sewer Repair for 246 Floral Avenue – Resolution By Commissioner Goldsmith: Seconded by Commissioner Wykstra WHEREAS, Leonardo Vargas-Mendez presented a protest to the sewer repair bill that he received for repairs at his property at 246 Floral Avenue made in April 2009, and WHEREAS, Mr. Vargas-Mendez requested the review and possible expungement of the bill, and Board of Public Works of Public Works – June 9, 2010- Page 11 WHEREAS, The Board of Public Works has reviewed Mr. Vargas-Mendez’s request to reduce the sewer repair bill and has considered the severe personal circumstances at the time of this work, now therefore be it RESOLVED, That the Board of Public Works hereby agrees to expunge any late fees accrued on the bill, amounting to $248.95, leaving the total amount due on the invoice as $3,556.49, which is the amount of the original invoice to rebuild this sewer lateral. Commissioner Tripp stated that she would vote against this. She is not aware of any hardship exemptions on the books and by doing this, the Board runs the risk of deciding whose story has more effect. She further stated that this request is further complicated by Mr. Vargas-Mendez’s previous service on the Board of Public Works. A Vote on the Resolution Resulted As Follows: Ayes (5) Jenkins, Brock, Goldsmith, Wykstra, Cogan Nays (1) Tripp Abstentions (0) Carried BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Request to Discontinue Use of City Property from Fall Creek Associates – Discussion: This item was not discussed. Eliminating Plastic Bags for Yard Waste - Discussion: Alderperson Dotson and Adam Michaelides from Cornell Cooperative Extension joined the Board for discussion of this item. Alderperson Dotson explained that at the beginning of the year, Mayor Peterson appointed an Ad-Hoc Committee on Yard Waste. The following people are members of that committee: Alderperson Dotson, Acting Asst. Supt. Ray Benjamin, BPW Commissioner Claudia Jenkins, Maintainer, Dan Spencer and other city staff and/or volunteers from Tompkins County Cooperative Extension’s Master Composter program. Alderperson Dotson distributed information to the Board on the committee’s short and long-term goals. She stated that goals of the committee include – reducing the net financial cost to the City of the program, reducing the ongoing staff time dedicated to the program, and helping to fulfill other City goals or comply with other City policies relating to yard waste. Short-tem actions are to stop the pick up of yard waste in plastic bags, allow only paper bags, reusable yard waste containers, or bundles tied with biodegradable materials. Potential medium term actions – charging a fee for picking up each bag/bundle of yard waste, supporting well-managed home composting (in collaboration with the Master Composter program), establishing multi-family neighborhood group composting sites, neighborhood use of City’s chipper for larger materials, other policy changes to the City yard waste pick-up program. Discussion followed on the floor regarding the use of paper bags, how the County is now charging for yard waste, how composting programs would work in neighborhoods, the different ways to compost, how often yard waste should be picked up, and the Board’s support for the use of the City shredder, operated by city staff, for use in neighborhoods for yard waste. The Board expressed their support for the use of paper bags instead of plastic bags for yard waste and asked that a resolution be provided for their consideration at next week’s meeting in support of the use of paper bags. City Attorney Hoffman stated that the proposal to require use of paper bags instead of plastic bags for yard waste would require a change to Chapter 196 of the City of Ithaca Municipal code entitled “Garbage and Refuse” which would be done through an ordinance that would go to Common Council for review and approval. Board of Public Works of Public Works – June 9, 2010- Page 12 Signage for Downtown Smoke-Free Zones – Discussion Alderperson Rosario and Director of Planning and Development Cornish joined the Board for discussion of this item. Alderperson Rosario stated that on April 7, 2010 Common Council adopted a new Chapter (280) for the City of Ithaca Municipal Code entitled “Smoking, Outdoor” which becomes effective August 1, 2010. He further stated that a working group has been meeting to discuss signage for the areas designated as smoke free. Members of this group include: himself, Nancy Oltz - TCAT, Ted Shiele – Tompkins County Health Department, Vicki Taylor – Downtown Ithaca Alliance, JoAnn Cornish – Director of Planning and Development, Julie Conley Holcomb – City Clerk, and Ray Benjamin – Acting Asst. Supt. at Streets and Facilities. He explained that signage will not be in place in all areas by August 1st, as they are taking a staggered approach to the process and starting with The Commons, and then proceeding to the parks in the City, and Natural Areas. He showed some of the proposed sample signage and explained the proposed locations for the signs on The Commons. Discussion followed on the floor regarding the design of the signs and the placement of signage. Alderperson Rosario stated the City received grant funding from Tompkins County Health Department for the signage as part of their Tobacco Free Tompkins campaign. The signs have not been ordered as the committee wanted to get the Board’s input first. City Attorney Hoffman stated that today was the first time he had seen the proposed signs and noted that a government entity may advertise for itself but not for a private entity. He further stated that he appreciates the politeness of the wording on the signs (i.e. “Welcome to a Smoke Free Zone”), but he feels the message would be clearer if it said “No Smoking Beyond this Point”. He would also recommend signage in the pavilions where it might be most effective. Discussion followed on the floor regarding, what the Board felt, is an excessive amount of signage for the Commons area and the need for the signs to include the universal sign for no smoking. Acting Mayor Cogan noted that Ithaca has quite a large population that does not speak English, but would be able to recognize the picture of the universal symbol for no smoking. He stated that, as everyone knows, “a picture is worth a thousand words”. The Board concurred. Alderperson Rosario thanked the Board for their input and noted that he would update the sub-committee to see what changes, if any, they might make to the placement, design, and number of signs that had been proposed. PARKING AND TRAFFIC: Review of 2010 Hourly Parking Rates – Discussion City Controller Thayer joined the Board for discussion of this item. Supt. Gray explained that in December 2009 the Board adopted the 2010 parking rates and delayed the Mayor’s recommendation to remove the one hour free parking in the garages. The Board had felt that revenue could come from other parking sources to make up the anticipated budgetary shortfall when they kept the free one hour parking. City Controller Thayer stated that when the Mayor and City Controller were developing the 2010 budget, their recommendation was to eliminate the first hour free parking. That would raise just about $200,000 to help fill a $2,500,000.00 gap. Common Council directed the Board to examine elimination of the one hour free parking. The Board decided not to do that, but to consider rates for the surface lot, West End parking, and to review where we stand a few months later. Discussion followed on the floor regarding the Board’s decision to keep the one hour free parking, the anticipated revenue that was lost during the Green Street surface lot parking equipment malfunction, and the fact that charging for parking in the West End parking lot has not yet been implemented. Further discussion followed on the floor regarding how the gap in the budget could be met by possibly increasing the parking fee at meters, eliminating the one hour free parking, encouraging the use of the parking Board of Public Works of Public Works – June 9, 2010- Page 13 garages so that they are closer to capacity, the repair of the parking equipment where needed, and the implementation of charging for parking at the West End parking lot. Supt. Gray stated that he would work with staff, the City Controller, and City Chamberlain Parsons to develop a recommendation in the form of a resolution for the Board’s consideration within the next few weeks. Parking Regulation Revision for 400-500 Blocks of Turner Place – Discussion This item was not discussed. Reserved Parking for People with Disabilities on East Court Street and North Aurora Street - Discussion This item was not discussed. NEW BUSINESS Commissioner Tripp proposed to the Board that in addition to sacrificing one to two members of the Board to the Mayor’s special committee to review the Charter as it relates to the Board’s responsibilities, that the Board consider the following: On every upcoming agenda the Board spend 15 to 20 minutes reviewing each part of the Charter as it relates to the Board of Public Works responsibilities by doing a page by page review – with assigned readings in between meetings. She would like hard copies of the Charter to be provided to the Board as well as use of an overhead projector at the meeting so everyone can see and work from the same page as they propose recommendations for change. She further stated that this would not replace the Mayor’s special committee, but would be in addition to it with the full Board participating in a thorough review of the Charter as it relates to their responsibilities. Commissioner Tripp asked the Board, by show of hands, if they supported this suggestion. All Board members raised their hands to show their support of this suggestion for time on each of their upcoming agendas to review the Charter as it relates to their responsibilities. Acting Mayor Cogan noted that Mayor Peterson probably would want to have some input on the suggestion. Commissioner Tripp responded that she would have presented this proposal if the Mayor had been present at the meeting as well. ADJOURNMENT On a motion the meeting adjourned at 7:15 p.m. Sarah L. Myers Daniel Cogan Information Management Specialist Acting Mayor