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HomeMy WebLinkAboutMN-BPW-2012-02-13BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. February 13, 2012 PRESENT: Mayor Myrick Commissioners (6) – Acharya, Darling, Goldsmith, Jenkins, Leccese, Morache OTHERS PRESENT: Superintendent of Public Works – Gray Assistant Superintendent of Water and Sewer – Whitney Assistant Superintendent of Streets and Facilities – Benjamin Common Council Liaison – Fleming Executive Assistant – Gehring City Clerk – Holcomb EXCUSED: City Attorney – Lavine DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray noted the presentation that was held prior to the meeting this evening about the Stewart Avenue Reconstruction Project. He stated that the design team was still available if the Board would like another small presentation. The team will bring the topic back to the Board for their review, and approval in two weeks. The Board requested that the design report and drawings be sent to them electronically for their review. Supt. Gray explained the continued correspondence related to the sidewalk appeal for 104 Worth Street, and asked if the Board would prefer postponing the vote until all additional information could be collected. The Board supported the deletion of this topic from the agenda. Executive Assistant Gehring reported that the property owner for 402 South Plain Street requested that the Board’s discussion of their sidewalk appeal be postponed until the next Board meeting. Asst. Supt. Benjamin stated that this sidewalk is one that would be replaced at City’s expense due to the poor concrete that was used in the first sidewalk replacement. He stated the property owner would be notified of the city’s responsibility for the replacement of their sidewalk. MAYOR’S COMMUNICATIONS: The Mayor had no communications at this time. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: No members of the public appeared to address the Board. RESPONSE TO THE PUBLIC: There was no response necessary. REPORTS: Superintendent and Staff: Supt. Gray stated that due to the good weather, crews are beginning projects early. Asst. Supt. Benjamin reported that the foundation had been poured for the small pavilion in Stewart Park, crews were cleaning the stream culvert next to Midas Muffler on Elmira Road, and stream stabilization was in progress along Six Mile Creek. Discussion followed on the floor regarding cleaning the culvert. Further discussion followed on the floor regarding moving the mobile pavilion in Thompson Park to the prepared gravel site so the pavilion could be leveled. Supt. Gray stated that the Parks Commission recommends that the pavilion to be moved to its new location in the Spring. Asst. Supt. Whitney reported that there have not been any water main breaks yet this winter, which is unusual. Crews are working on installing water hydrants and repairing leaky valves. Board of Public Works Page 2 February 13, 2012 Regular Meeting Supt. Gray reported that several Engineering projects are ready for bid, including the Clinton/Prospect Street Reconstruction Project. He stated the bids need to be approved by the State before the Board is able to award the contract. ADMINISTRATION AND COMMUNICATIONS: Departure of Fellow Board of Public Works Commissioner Wade Wykstra – Resolution By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, Wade Wykstra joined the Board of Public Works on February 1, 2006, and served through January 31, 2012, and continues to serve as Chair of the Special Joint Committee which oversees the operation of the jointly owned Ithaca Area Wastewater Treatment Facility, and WHEREAS, Wade has served many additional hours helping to resolve issues associated with neighborhood traffic calming, or sidewalk maintenance and upgrades, meeting with staff and public individually as well as in small and large meeting formats, always thanking the public for their participation and thoughts at meetings, and WHEREAS, Wade has shown a particular interest in topics associated with the Water and Sewer division, through his participation in educational events, seminars and training sessions, some requiring a great deal of time and travel, which have enabled him to participate in and lead discussions involving upgraded systems, mandated changes, and public health concerns, and WHEREAS, Wade's willingness to commit time and energy to benefit the public through his concentration on public works has brought benefits to the public at large as well as the department itself, now therefore be it RESOLVED, That the Board of Public Works hereby thanks Wade Wykstra for his dedication, leadership, and continuing service to the community during his time on the Board and his current assignment as Chair of the wastewater treatment plant's oversight committee. Carried Unanimously Departure of Fellow Board of Public Works Commissioner David Warden – Resolution By Commissioner Acharya: Seconded by Commissioner Goldsmith WHEREAS, David Warden stepped up to fill the uncompleted term of a former Board member, serving from August 4, 2010, through January 31, 2012, and WHEREAS, David brought professional knowledge as a licensed plumber, as well as his strong social and environmental orientation to bear on the conversations of the Board, providing practical insights into technical matters, a pedestrian and bicyclist's insight into traffic and road design issues or project enhancements, and a business and resident's concerns to bear on budget and department operations, and WHEREAS, the Board notes David's interest in and continued willingness to serve and hopes that it may call on him as the opportunity permits, now therefore be it RESOLVED, That the Board of Public Works hereby expresses its gratitude to David Warden for his service to the City, as well as to the Board and the Department of Public Works during his term on the Board and his continued appointment with the City's Plumbing Board. Carried Unanimously Welcome New Board Commissioners, Mark Darling and Jeanne Leccese: The Board welcomed new commissioners, Mark Darling and Jeanne Leccese. Election of Board of Public Works Vice Chair for 2012 – Resolution By Commissioner Goldsmith: Seconded by Commissioner Acharya RESOLVED, That Commissioner Claudia Jenkins be appointed as the Vice Chair of the Board of Public Works for 2012. Ayes (5) Darling, Leccese, Goldsmith, Acharya, Morache Nays (0) Abstentions (1) Jenkins Carried (5-0-1) VOTING ITEMS: Board of Public Works Page 3 February 13, 2012 Regular Meeting Highways, Streets and Sidewalks: Appeal of Sidewalk Assessment for 104 Worth Street – Resolution WHEREAS, Bruce Roebal, owner of 104 Worth St, received a 2010 sidewalk assessment for sidewalk work completed adjacent to his property, and WHEREAS, Bruce Roebal received sidewalk defect notices in 2007 and 2009, and obtained a street permit in 2009 to perform the work and completed some, but not all of the work on the notices, and WHEREAS, Bruce Roebal contested the bill for work done in 2010 to complete the repairs, now therefore be it RESOLVED, That the Board recognizes that City forces finished the sidewalk replacement work in accordance with City specifications, and be it further RESOLVED, That each protest reason was considered, as shown in the Sidewalk Assessment Protest Summary for this address, and the Board hereby denies the request to waive the sidewalk assessment for 104 Worth Street. The Board requested that this item be added to the February 27, 2012, meeting agenda. Commissioner Acharya requested that the Board hold a short discussion regarding and e-mail that was distributed prior to this evening’s meeting. He further requested a discussion by the Board regarding the general sidewalk policy, a response from the Mayor to Mr. Roebal, and the legal issue mentioned by Mr. Roebal. Supt. Gray stated that the resolution would be placed on the February 27, 2012, Board agenda. Discussion followed on the floor regarding the policy of re-evaluating sidewalks at the time the City replaces them, that the City replaces all sidewalk blocks marked “Unsatisfactory” as well as all blocks marked “Failed,” ensuring that sidewalk defect notices are clear to the property owners so they completely understand their responsibilities regarding the sidewalk repair, and requiring that the property owner request an inspection from the City after a private contractor has completed the replacement of their sidewalk. Appeal of Sidewalk Assessment for 309 West Green Street – Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, Scott & Teresa Miller, owners of 309 West Green Street, received a 2010 sidewalk assessment for sidewalk work completed adjacent to their property, and WHEREAS, Scott & Teresa Miller were sent sidewalk defect notices in 2008 and 2009 that were not received, although they did communicate with staff regarding sidewalk issues, and WHEREAS, Scott & Teresa Miller contested the bill, now therefore be it RESOLVED, That the Board recognizes that City forces finished the sidewalk replacement work in accordance with City specifications, and be it further RESOLVED, That each protest reason was considered as shown in the Sidewalk Assessment Protest Summary for this address, and the Board hereby grants the request to waive the 25% sidewalk assessment surcharge for 309 West Green Street and directs the City Chamberlain to issue a new bill for $2,440.77. Carried Unanimously Appeal of Sidewalk Assessment for 307 North Albany Street – Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, Steven and Amanda Kempf, owners of 307 North Albany Street, received a sidewalk assessment for sidewalk work completed adjacent to their property in 2005, and WHEREAS, Steven and Amanda Kempf purchased the property in 2007 after sidewalk work was completed but not yet billed. At the time of sale, the seller did not inform them of the recent sidewalk work and pending bill. The official property tax search did not indicate any pending sidewalk assessment, and WHEREAS, Steven and Amanda Kempf filed a written appeal on July 15, 2010, asking for the bill to be waived, and Board of Public Works Page 4 February 13, 2012 Regular Meeting WHEREAS, the City Chamberlain reported that City records were flagged in February 2006 to indicate the pending sidewalk assessment, WHEREAS, Steven and Amanda Kempf provided a copy of the tax search documents completed in 2007 in which the pending sidewalk assessment is not noted, now therefore be it RESOLVED, That the Board recognizes that City forces completed the sidewalk replacement work in accordance with City specifications, and be it further RESOLVED, That the Board hereby waives the bill for sidewalk work sent to Steven and Amanda Kempf and directs the City Chamberlain to refund any portion that has been paid, and be it further RESOLVED, That the former owner, Dong Shee Chong, be billed $564.28 for the sidewalk work, if determined allowable under law. Carried Unanimously Water and Sewer: Award of Bid for Valve Maintenance Trailer – Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, bids were received on January 31, 2012, from one vendor, E.H. Wachs, for one new or used valve maintenance trailer, and WHEREAS, staff has determined that two of the model bids exceed budgeted amounts, and WHEREAS, staff has determined that the remaining model bid meets all but one specification, and WHEREAS, staff and equipment operators were consulted regarding this exception, find the exception will not adversely impact daily operations, and staff finds it to be an acceptable bid, now therefore be it RESOLVED, That the Board of Public Works hereby accepts the staff recommendation, deems E.H. Wachs to be the lowest responsible bidder, and awards the bid for one (1) new Standard LX, gas powered, valve maintenance trailer, for the sum of $52,750; and be it further RESOLVED, That the Board authorizes the Assistant Superintendent of Public Works, Water & Sewer Division, to enter into a contract with E.H. Wachs for the purchase of the Valve Maintenance Trailer. Carried Unanimously DISCUSSION ITEMS: Appeal of Sidewalk Assessment for 402 South Plain Street: A short discussion was held regarding this appeal and contacting the property owner about the option of replacing the sidewalk at the City’s expense or the owner could replace the sidewalk at their expense, and the original assessment would be expunged. Commissioner Goldsmith suggested a third option of leaving the sidewalk alone and reducing the assessment amount. Supt. Gray disagreed with this suggestion, stating that he would prefer to waive the entire bill if the sidewalk was not going to be replaced, as long as the property owner was aware that the sidewalk may need to be replaced sooner than would be expected. Commissioner Morache agreed with Supt. Gray. Asst. Supt. Benjamin volunteered to offer the proposed options to the property owner. Mayor Myrick arrived at the meeting at 5:27 p.m. Appeals of License Fees for “The Hot Truck” and “Louie’s Lunch” Truck: Supt. Gray explained that there are two hot trucks in Ithaca; both are located around the Cornell University campus. He stated that in the process of reviewing the permitting program, it was noted that neither truck holds a permit to vend on City property. City Clerk Holcomb informed the owners of the hot trucks that a permit to vend must be obtained under the new use of city land policy, and the owners appealed the new permit fees. City Clerk Holcomb joined the Board for the discussion of this item. Board of Public Works Page 5 February 13, 2012 Regular Meeting Discussion followed on the floor regarding the cost of doing business with a mobile truck versus a brick-and-mortar building. Commissioner Goldsmith noted that the hot truck owners bought “grandfathered rights” from the previous owner. City Clerk Holcomb disagreed, stating that the previous owner had “grandfathered rights,” but when the new owner purchased the business, the “grandfathered rights” should have become invalid. She further stated that once these hot trucks are sold or closed down, no other hot trucks should be authorized to conduct business within the City. Further discussion followed on the floor regarding the large fee increase from nothing to $2,000 per year for the permits. City Clerk Holcomb stated that vendors on the Commons have been paying over $1,000 annually for many years and they do not have electricity provided to them as the hot trucks do. The general consensus of the Board was to deny the appeals. Mayor Myrick requested a future discussion regarding mobile vending in the City. City Clerk Holcomb explained that mobile vending should not be allowed on city property due to the lack of resources for monitoring. Discussion followed on the floor regarding mobile vending locations, parking regulations, vendors setting up on private property, and reasonable fees for vending. Mayor Myrick’s State of the City Address: Supt. Gray explained that the Board should read Mayor Myrick’s State of the City Address, noting that the Board would be working with the Mayor for any proposed changes he brings forward for the City. Commissioner Goldsmith mentioned participatory budgeting that occurs in other countries, which means that the portions of the budget that are available for negotiations are subject to intense amounts of citizen participation. He suggested this as a possible new budgeting process for the City. ADJOURNMENT: On a motion, the meeting adjourned at 6:16 p.m. Kathrin D. Gehring Svante L. Myrick Executive Assistant Mayor