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.
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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:
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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
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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.
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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