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HomeMy WebLinkAboutMN-BPW-2010-07-21BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. July 21, 2010 PRESENT: Mayor Peterson 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 ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Brock requested the addition of an update on the status of the small pavilion at Stewart Park since it was posted as unsafe. MAYOR’S COMMUNICATIONS: Mayor Peterson noted that item 8.6B entitled “City Budget Guidelines 2011” would be a priority topic for the Board in the upcoming weeks. She stated that discussion on item 8.6A entitled “BPW Review of Charter” would always be put off until other items of business are completed. She suggested that the Board consider assigned readings of the Charter and a brief discussion at the beginning of each meeting. No Board Member objected. The first reading assignment is Article V C-58 through C-66. Commissioner Tripp requested the use of a projector and screen to aid the Board in review of the Charter. Commissioner Brock noted that she would like to discuss the role and history of the Board of Public Works prior to discussion of the assigned reading. Mayor Peterson responded that City Clerk Holcomb is preparing a report that will include the history piece of the Board of Public Works that should address that topic. Commissioners Tripp and Wykstra stated that they would be out of town on July 28th, and Commissioner Jenkins noted that she would be unavailable for that meeting as well. There being no quorum then for the regularly scheduled meeting on July 28th, it was canceled. The next meeting of the Board will be Wednesday, August 11th. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: 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. He presented to the Board his copy of a 1986 license agreement with the City of Ithaca for this property in which it stated that either party may terminate the agreement on thirty days notice. He noted that he would like to exercise that option. He offered to provide a copy of the agreement to the City; however, City Attorney Hoffman stated that the City had a copy of it. City Attorney Hoffman further questioned Mr. Bokaer as to whether or not that was the only license he had with the City for that property. Mr. Bokaer responded that it was. Commissioner Tripp responded to Mr. Bokaer to explain the reason the Board wanted to investigate this request further was because if the license agreement were terminated, the Board could not guarantee that it would be renewed. She noted that the Board is sympathetic to his request and did not want to accept the request Mr. Bokaer initially made in April until they had time to review it. She asked Mr. Bokaer to stay until the Board got to this item on the agenda to hear their discussion. Caroline Cox, City of Ithaca, addressed the Board as a representative of the Suicide Prevention and Crisis Center Board, to encourage the Board’s support of some type of barrier on bridges to protect the City’s younger citizens from impulsive decisions. RESPONSE TO THE PUBLIC: Board of Public Works – July 21, 2010- Page 2 Commissioner Brock thanked Ms. Cox for her comments and stated that the bridge discussion is a difficult topic as far as the best way to safeguard the City’s citizens and students. DAC Liaison Roberts reminded the Board that the Disability Advisory Council is in full support of some type of means restriction on the bridges and supports Cornell’s request for an extension of the temporary barriers. REPORTS: Superintendent and Staff Director of Planning and Development Cornish and Historic Planner Chatterton joined the Board for a discussion about the recently posted as unsafe small (tea house) pavilion at Stewart Park. Director of Planning and Development Cornish stated that the Youth Bureau is concerned about reservations for the pavilion for the rest of the summer and would like quick resolution as to how to proceed. She explained that staff are examining the pavilion to see if it needs to be demolished and suggested that the concrete pad there be repaired and some sort of tent structure be put up to accommodate reservations. Historic Planner Chatterton explained that the pavilion was constructed in 1894 and has moved to several different locations within the park since that time. She further stated that the City wants to retain and restore features of the 19th century of the pavilion so an architect has been hired to photograph, document, and make drawings of the current structure so a new one can be constructed that reflects the same characteristics. Discussion followed on the floor regarding what caused the pavilion to become unsafe, plans for demolition, use of a temporary structure to accommodate reservations, a collective desire for reconstruction of the pavilion in a historical manner, and costs associated with this project. Charter Review Ad-Hoc Committee: The Mayor and Commissioner Wykstra reported that the Charter Review ad-hoc committee met on July 19th for an organizational meeting. At this point the committee consists of the Mayor, Commissioner Wykstra, Alderpersons Coles and Cogan, City Attorney Hoffman, City Clerk Holcomb, and Supt. Gray. The next meeting is 8/2. Commissioner Brock expressed support for citizen involvement in the committee as well. APPROVAL OF MINUTES: Approval of the May 26, 2010 Board of Public Works Meeting Minutes - Resolution By Commissioner Tripp: Seconded by Commissioner Goldsmith RESOLVED, That the Minutes of the May 26, 2010 Board of Public Works meeting be approved with noted corrections. Carried Unanimously Approval of the June 9, 2010 Board of Public Works Meeting Minutes - Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra RESOLVED, That the minutes of the June 9, 2010 Board of Public Works meeting be approved with noted corrections. Carried Unanimously Approval of the June 23, 2010 Board of Public Works Meeting Minutes - Resolution By Commissioner Brock: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the June 23, 2010 Board of Public Works meeting be approved with noted corrections. Amending Resolution: By Commissioner Goldsmith: Seconded by Commissioner Jenkins RESOLVED, That the second paragraph on page 3 be amended to read as follows: “Extensive discussion followed on the floor regarding the condition of the bridge, the risks involved with postponing the project, the costs involved with sewer pumping during construction, where funding is coming from for the project, and the fact that if the project is not done right now the city risks losing federal stimulus funding for it. “ Board of Public Works – July 21, 2010- Page 3 Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously VOTING ITEMS Water and Sewer - Protest of Sewer Repair Invoice for 214 Hudson Street – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the Board of Public Works has heard the complaints of Mr. Perialas regarding the charge for the replacement of his sewer lateral at 214 Hudson Street, and WHEREAS, the matter has been reviewed by Erik Whitney, Assistant Superintendent of Public Works, who summarized his findings in a letter dated April 7, 2010, and WHEREAS, a meeting held with Dave Hunt, Working Supervisor on the project, Mr. Whitney, and Board of Public Works Commissioner Tripp has determined that there is sufficient cause to believe that the timing of the lateral failure at 214 Hudson Street was accelerated by improper compaction during a 1990 rebuild of Hudson Street, and WHEREAS, the failure of the lateral occurring during the winter season caused considerable additional labor to replace this admittedly elderly pipe, now therefore be it RESOLVED, That the Board of Public Works hereby directs Mr. Perialas’ bill to be reduced by 50% to $1,830.38 to reflect the Board’s acceptance of Mr. Perialas’ argument about the hastening of the work by improper compaction but also to reflect the value of the new lateral replacing a 100+ year lateral at 214 Hudson Street. Commissioner Tripp explained the work that the subcommittee did in reviewing this protest and why the resolution was written as presented here. Asst. Supt. Whitney did explain that the time of year that this work took place did affect the amount of the bill because of the time involved in excavation due to the frost and frozen ground. Commissioner Goldsmith stated that he would support the resolution but worries that it could set a precedent which he would not want interpreted that way. Amending Resolution: By Commissioner Brock: Seconded by RESOLVED, That the 4th Whereas Clause be removed from the resolution. Discussion followed on the floor regarding the resolution and proposed amendment. The proposed amendment failed for lack of a seconder. A Vote on the Resolution Resulted as Follows: Carried Unanimously DISCUSSION ITEMS Buildings, Properties, Refuse, and Transit Request to Discontinue Use of City Property from Fall Creek Associates – Discussion City Attorney Hoffman distributed a map of the property noted above and explained two different cross-hatched sections. One section references the land with which Fall Creek Associates has a license agreement with the City and the other references land used by them as well, which has no license agreement. The unlicensed area was developed into a parking area after Fall Creek Associates obtained the license from the City. This area also has a cinder block retaining wall which is necessary to hold the earth back from spilling into the parking lot. He does agree that the license to which Mr. Bokaer referred to can be terminated by either party with short notice to each. He noted that there is a term though in the license agreement that the licensee will keep the land in as good condition as at the commencement of the agreement and at the end of the agreement, the licensee will deliver the same back to the City in the same or better condition with Board of Public Works – July 21, 2010- Page 4 reasonable use and wear indicated. He further stated that structures have been built on this property as well as planters with trees, a concrete sidewalk, a small structure along the east edge of the license area and to the north a concrete pad that was created for the placement of a dumpster. His question for the Board is, since none of these things were in place in 1986 when the license agreement was signed, does the Board wish to see the land restored to its 1986 condition or accept the current condition of the property? Mr. Bokaer explained that in 1985 the IURA provided a loan to Fall Creek Pictures Associates to pay for additional parking should the theatre be built. He stated that when that area of the City was flooded in the 1970’s, the P & C grocery store which had been at that location closed. The land there remained vacant until they were given permission by then Building Commissioner, Tom Hoard, to build the parking lot. He further stated that the street never re-opened in that area either. Mayor Peterson left the meeting at 6:15 p.m. Mr. Bokaer further stated that once the Building Commissioner gave permission for the parking lot, the Superintendent of Public Works grandfathered the parking lot in because the former P & C store had always used it for their parking lot. He feels there are two separate issues being discussed here and requested that all the property owners in that area be charged a fee for their uses of the area. He reiterated that his request was to suspend the fee to him for the property that is licensed since there are no tenants using the space and he cannot pay the fee at this time. Commissioner Tripp explained that the Board’s concern is that the Board and/or City could not guarantee that the license would be renewed when there are tenants for the property and Mr. Bokaer is able to pay for the license. Commissioner Brock explained the situation in more detail and what the consequences might be if Mr. Bokaer suspends or terminates the license with the City – that there would be no guarantee that he could come back to the City at some point in the future and just renew the license agreement. City Attorney Hoffman thanked Mr. Bokaer for the background information about the York Street parking lot. He stated that Common Council established new rules for use of City owned land and that those rules would be applied to any license in the future for either the Tioga Street or York Street property. He further stated that for the time being the old rules are being followed. There is no license for the York Street property only an agreement with the former Building Commissioner. In the future a license will be required as properties in that area have changed hands and the new rules would be applied to any license agreement. Mr. Bokaer stated that he wants to make sure that the new rules for use of city owned land are being applied uniformly to everyone. He went on to say that he now is not ready to make a decision about what he wants to do now that this new information has been provided to him. He requested that he be provided with the new use of city-owned land rules in writing. He also noted that it had not been made clear to him, from the way the agenda for this meeting had been published, that this new information would be discussed and had he not stayed for the discussion of this item, he might have made a different decision because he did not have all the information prior to today’s meeting. He requested a letter from the City Attorney regarding the York Street property that will fall under the new rules. Supt. Gray stated that the City always had the option to take the land back, even with the changes that had been made. City Attorney Hoffman explained that the City is now aware that city land is being used without a license, and that in a few months Mr. Bokaer will probably get a notice to enter into the standard agreement with the City. Mr. Bokaer requested that his request be withdrawn, that a bill be prepared for the current year for the current license agreement which he will pay; and he understands that he will need to enter into a new license in the future for the York Street property. Board of Public Works – July 21, 2010- Page 5 Parking and Traffic Reserved Parking for People with Disabilities on East Court Street and North Aurora Street – Discussion This item was not discussed. Creeks, Bridges, and Parks - Wood Street Park: Skate Park Improvement Project – Update This item was not discussed. Water and Sewer Water Plant Improvement Project – Update O’Brien & Gere Consultant, Rick Gell, provided an update on the water plant improvement project and the membrane pilot studies to the Board. He stated that all three manufacturer’s pilots are producing high quality water with one unit still working out its cleaning cycle. The initial water quality testing for the three vendors is complete and based on those results they are redefining the floor space needed with updated layouts of the building to come. He explained that a detailed comparison of the life cycle cost on the three units will be done so the Board can competitively bid the equipment. Mr. Gell distributed an interim status report on the membrane pilot study for the Board’s information. DAC Liaison Roberts left the meeting at 6:40 p.m. Commissioner Goldsmith stated that his recollection was that there was a trade-off between more efficient versus cost that the Board should consider. He asked if energy costs would be scaled for the Board’s review of projections. Commissioner Tripp left the meeting at 6:45 p.m. Mr. Gell stated that they wanted to do the sensitivity study first and that he would provide some of that type of bid information to Supt. Gray and Asst. Supt. Whitney. The Board thanked Mr. Gell for the information and his time. Parking Rate Review – Discussion The Board continued this part of the meeting in the second floor conference room so that the Planning and Economic Committee meeting could begin at 7:00 p.m. in Common Council Chambers. Supt. Gray provided to the Board a request from City Chamberlain Parsons to consider raising special event parking from $3 to $5 per day, eliminating the free parking for County jurors, increasing the hours of operation for parking attendants, and changing parking rates overall. Discussion followed on the floor regarding the amount of revenue from on street meters from the information provided by the Chamberlain’s office. Supt. Gray noted that the tool for redistributing an asset which is parking for a short-term basis in a commercial area in order to reach 100% usage is to do it by steps – i.e. $1.00 next to the center of the City and .25 outside the downtown area of the City. He also cautioned that meter fees need to be set so they are used as well. Discussion followed on internal controls over revenue from the garages and meters. Supt. Gray noted that tickets are taken when people enter the garages but then people leave after hours so we have a ticket but no revenue to go with it. City Controller Thayer stated internal revenue controls are being improved each year, but there are costs associated with those kinds of control and staff reviews it on an ongoing basis. Commissioner Goldsmith expressed concern over parking contracts and terms for the garages that are in place. Supt. Gray responded that those rates are not negotiable right now and the footnotes on the charts indicate why. Supt Gray left at 7:10 p.m. Discussion followed on the floor regarding the use of video cameras in parking garages and car counters to determine the volume of cars leaving after hours. Commissioner Goldsmith questioned whether the one hour free makes a difference or has an effect on the use of the garages. City Controller Thayer responded that one problem staff have is that there has been so much change in the city’s parking system during the last five Board of Public Works – July 21, 2010- Page 6 years with all the new construction, new garages, and changes in the parking equipment that there isn’t enough data yet to see if one hour free makes a difference. He suggested offering a different hour of parking for free. Commissioner Goldsmith stated that if the downtown merchants want to have one hour free parking that they should have to pay for it. He suggested that they do that by paying a monthly bill submitted by the City to them to pay for it. He feels that a monthly billing to the downtown merchants would be easier than using some program involving tokens. City Controller Thayer responded that he would support that idea and that it could be done. Commissioner Jenkins stated that the City of Ithaca is the only municipality that offers one hour free parking and feels that now is the time to stop that practice. She suggested either raising rates on parking meters or doubling parking rates in the garages to pay for the one free hour parking if that is what the City wants to do. Further discussion followed on the floor regarding the establishment of parking benefit districts in the downtown area, Collegetown area, and West End to help support parking. City Controller Thayer stated that establishing benefit assessment districts would take time, but that he would support that suggestion. He further stated that if you have something that someone wants, they will pay for it. He does not think that the elimination of the one hour free parking would have a big impact after its initial implementation; as people will pay for parking. ADJOURNMENT On a motion the meeting adjourned at 7:30 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor