HomeMy WebLinkAboutMN-BPW-2010-04-14BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. April 14, 2010
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, Goldsmith, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Acting Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Zumoff
Information Management Specialist - Myers
Director of Planning and Development – Cornish
Planner – Nicholas
GIAC Deputy Director – McBean-Clairborne
GIAC Supervisor - Thomas
EXCUSED:
DAC Liaison – Roberts
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the February 3, 2010 Board of Public Works Meeting Minutes - Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
RESOLVED, That the Minutes of the February 3, 2010 Board of Public Works meeting be
approved with noted corrections.
Ayes (5) Peterson, Tripp, Jenkins, Wykstra, Brock
Nays (0)
Abstentions (1) Goldsmith
Carried
Approval of the February 17, 2010 Board of Public Works Meeting Minutes - Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
RESOLVED, That the Minutes of the February 17, 2010 Board of Public Works meeting be
approved with noted corrections.
Amending Resolution:
By Commissioner Brock: Seconded by Commissioner Tripp
RESOLVED, That the sixth paragraph on page four be amended to read as follows:
“Commissioner Brock stated that according to historical documents, the golf course land was
intended to be part of Stewart Park. She requested re-evaluation of the course to ensure it was
not a financial drain on the community, incorporates other recreational activities, and suggested
that the Parks Commission be involved in the evaluation.”
Ayes (5) Peterson, Tripp, Jenkins, Wykstra, Brock
Nays (0)
Abstentions (1) Goldsmith
Carried
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted As Follows:
Ayes (5) Peterson, Tripp, Jenkins, Wykstra, Brock
Nays (0)
Abstentions (1) Goldsmith
Carried
Approval of the March 10, 2010 Board of Public Works Meeting Minutes - Resolution
By Commissioner Tripp: Seconded by Commissioner Brock
RESOLVED, That the Minutes of the March 10, 2010 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously
Approval of the March 17, 2010 Board of Public Works Meeting Minutes - Resolution
Board of Public Works – April 14, 2010- Page 2
By Commissioner Tripp: Seconded by Commissioner Jenkins
RESOLVED, That the Minutes of the March 17, 2010 Board of Public Works meeting be
approved with noted corrections.
Amending Resolution
By Commissioner Wykstra: Seconded by Commissioner Goldsmith
RESOLVED, That the sixth paragraph on page two of the minutes be amended to read as
follows:
“Commissioner Wykstra thanked Mayor Peterson for her statement to the Board, apologized for
any misunderstandings that he may have caused said that he would not answer it and am
happy that we are moving forward with the project.”
Carried Unanimously
Amending Resolution
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the Mayor’s verbatim statement on page one and two with the minutes be
removed; alternately if that is not an option then to include Commissioner Wykstra’s memo in
the minutes.
Extensive discussion followed on the floor regarding the proposed amendment.
Power to Act – Approval of the March 17, 2010 Board of Public Works Meeting Minutes –
Resolution
By Commissioner Tripp: Seconded by Commissioner Goldsmith
RESOLVED, That the Board grant itself Power to Act on approval of the March 17, 2010 Board
of Public Works Meeting minutes at the April 21, 2010 Committee of the Whole meeting.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray noted that City Attorney Hoffman provided a substitute resolution for item
7.1 entitled “Award of Contract for Professional Services for Design
of Back-up Generators – Resolution” City Attorney Hoffman stated that he had an amended
substitute resolution for item 7.1 and distributed it to Board members.
Superintendent Gray requested the deletion of item 7.2 entitled “Award of Contract for
Command Unit Storage Building for the Police Dept. – Resolution” from the agenda.
No Board Member objected.
MAYOR'S COMMUNICATIONS:
Mayor Peterson announced that there would be a field trip to Montour Falls on Friday, April 16th
from noon to 2:00 p.m. She encouraged everyone to attend, if they were able and noted that
she would be unable to go.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Steve Williams, City of Ithaca, addressed the Board to express his displeasure at the City of
Ithaca Water and Sewer Department for charging him twice for water and sewer work that
should have, he feels, been done all in one job at the same time. He explained that in 2009 the
City did work on the water main to his house and that this year they were doing sewer work to
his house. He further stated that the City crews doing work in his neighborhood should make
every effort to complete work near people’s driveways before leaving for the day so as not to
block their driveways. He works for the Town of Ithaca and explained the efforts they make to
not block driveways.
RESPONSE TO THE PUBLIC
Commissioner Tripp expressed her desire to hear Asst. Supt. Whitney’s response to Mr.
Williams’ comments and why the sewer work this year couldn’t have been done last year.
Asst. Supt. Whitney stated that when the City replaces aging water and sewer mains all the
service connections to homes are replaced at a reduced cost to the property owner. He
explained that last year when the water main work was done it would have been much more
work (because there is ten feet between the water and sewer lines) to try to do both the water
main and sewer main work at the same time for this one property. He further stated that if they
had just done the sewer work at Mr. Williams’ home he would have had to pay for the entire cost
of the work rather than just for the service connection. He explained that the City sent letters to
the property owners of the affected homes where they would be doing the sewer work this year
to explain the project and the associated costs. He further explained that when this work is
completed the cost of any future maintenance of those lines will be at the City’s expense. He
further stated that his crews try to coordinate with property owners regarding vehicle access and
parking in the neighborhood so as to limit inconveniences to property owners.
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Board of Public Works – April 14, 2010- Page 3
Award of Contract for Professional Services for Design of Back-up Generators –
Resolution
By Commissioner Goldsmith: Seconded by Commissioner Tripp
WHEREAS, three (3) proposals were received on March 3, 2010, for professional services for
design of back-up electric generator systems for the Department of Public Works, Street and
Facilities building located at 245 Pier Road; the Ithaca Fire Department Fire Station No. 6,
located at 1240 Trumansburg Road; and the Ithaca City Hall; and
WHEREAS, staff has reviewed the proposals received; and
WHEREAS, one of the proposals received is from Taitem Engineering, PC, a firm at which City
of Ithaca Alderperson Daniel Cogan is employed as an engineer; and
WHEREAS, NYS General Municipal Law (GML) §801 prohibits any municipal officer or
employee from having an interest in any contract with the municipality of which she or he is an
officer or employee, when such officer or employee - individually or as a member of a board -
has the power or duty to negotiate, prepare, authorize or approve the contract (or payment
thereunder), or to appoint an officer or employee who has these powers, unless the officer or
employee (associated with the contract) is exempted from this prohibition pursuant to GML
§802; and
WHEREAS, Alderperson Cogan, as a member of Common Council, has the authority to
approve the appointments of members of the Board of Public Works, who have the authority to
approve certain contracts, including the one in question; and
WHEREAS, GML §802 provides that the provisions of GML §801 shall not apply to a contract
with a person, firm or corporation or association in which a municipal officer or employee has an
interest which is prohibited solely by reason of employment by that person, firm, etc, if the
remuneration of such employment will not be directly affected as a result of such contract and
the duties of such employment do not directly involve the procurement, preparation or
performance of any part of such contract; and
WHEREAS, Alderperson Cogan has disclosed his conflict in this situation and has submitted a
written statement (dated April 14, 2010) to Common Council and the Board, affirming that his
position with Taitem Engineering is as an employee (rather than an owner), that he will receive
no additional compensation from the firm if it is awarded a contract from the City, that he was
not involved (or even aware of) the submission of the firm’s proposal, and that he does not
participate in design work generally, and will not be involved in the firm’s work under this
contract; and
WHEREAS, staff recommends award of the contract to Taitem Engineering, PC, based on that
firm’s relevant experience and proposed fee (which is the lowest of the three submissions); now
therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby determines that the
employment by Taitem Engineering of City of Ithaca Alderperson Daniel Cogan does not
prohibit the City or the Board from awarding this contract to that firm, in that Alderperson Cogan
has no ownership interest in the firm, his remuneration will not be directly affected as a result of
such award, he was not involved in procurement of the contract, and will not be involved in the
firm’s work under the contract; and be it further
RESOLVED, That the Board hereby awards the contract for Professional Services for Design of
Back-up Generators to Taitem Engineering, PC, of 110 S. Albany Street, Ithaca, NY, for its not-
to-exceed fee for services of $29,612.00, and authorizes the Mayor to execute the same, with
funds therefor to be derived from Capital Projects Nos. 471 and 737.
Memorandum from Alderperson Daniel Cogan:
“To: Common Council
From: Daniel Cogan
Date: April 14, 2010
Re: Award of design contract to my employer, Taitem Engineering
On April 14, 2010, the Board of Public Works is scheduled to award a contract for professional
services for design of back-up generators to Taitem Engineering. Because I am employed by
Taitem Engineering, I have been advised by the City Attorney’s office to disclose this possible
conflict of interest to the governing body of the city and to explain why such conflict is “cured”
under General Municipal Law.
General Municipal Law (GML) §801 provides that
“Except as provided in section eight hundred two of this chapter, (1) no municipal officer
or employee shall have an interest in any contract with the municipality of which he is an officer
Board of Public Works – April 14, 2010- Page 4
or employee, when such officer or employee, individually or as a member of a board, has the
power or duty to (a) negotiate, prepare, authorize or approve the contract or authorize or
approve payment there under… (b) audit bills of claims under the contract, or (c) appoint an
officer or employee who has any of the powers or duties set forth above… The provisions of this
section shall in no event be construed to preclude the payment of lawful compensation and
necessary expenses of any municipal officer or employee in one or more positions of public
employment, the holding of which is not prohibited by law.”
While a contract for design services is being awarded to the company at which I am employed, I
have no interest in any such contract, financial or otherwise. The services will be provided by
the Design Department at Taitem Engineering. I am the manager of an entirely separate
department and do not participate in design work. Further, my compensation is not affected,
positively or negatively, by the award of any contracts.
It is also worth noting that the president of my company has a policy of insulating me from any
contract discussions with the City of Ithaca. I did not learn of this contract until Tom West raised
the question with me of a possible conflict of interest, after the bids had been opened and
evaluated and the likely contractor selected.
Because the bid has been managed by the city’s Engineering Department and the bid will be
awarded by the Board of Public Works, I have not been involved in negotiating, preparing,
authorizing or approving the contract. Neither will I be involved in auditing bills or claims under
the contract.
I have been advised by the Attorney’s Office that, because Common Council must approve
mayoral appointments to the Board of Public Works, it could be construed that I do have the
power to “appoint an officer or employee who has any of the powers or duties set forth above.” I
think it is clear, however, that Common Council’s approval of mayoral appointments is rather pro
forma, and I have not been involved in the selection of vetting of any of the mayoral
appointments to the Board of Public Works.
Even if an actual conflict of interest technically exists, there is an applicable statutory exemption
that “cures” the conflict. GML §802 states that,
“The provisions of section eight hundred one of this chapter shall not apply to (b) A
contract with a person, firm or corporation or association in which a municipal officer or
employee has an interest which is prohibited solely by reason of employment as an officer or
employee thereof, if the remuneration of such employment will not be directly affected as a
result of such contract and the duties of such employment do not directly involve the
procurement, preparation or performance of any part of such contract.”
Given that, as stated above, my remuneration at Taitem Engineering is not directly affected by
the contract, that I have been insulated from the proposal and bidding process, and that I have
not and will not have any direct involvement with the work involved in this contract, the
exemption in GML 802 “cures” any conflict of interest.
According to Assistant City Attorney Khandikile Sokoni,
This interpretation is confirmed by an Advisory Opinion of the New York State
Comptroller which held that a Town Board member’s interest in town purchases from an auto
parts store based on his status as an employee of that store was not a prohibited conflict of
interest where the Board member’s duties as an employee of the store did not include the
procurement, preparation, or performance of any of the town orders from the store. In addition,
the State Comptroller’s opinion pointed out that he was paid a fixed salary and did not receive
additional compensation (i.e. a bonus) related to sales to the town. The opinion did point out,
however, that such interest had to be disclosed in accordance with the General Municipal Law.
[Op. State Compt. 2006-11].
Lastly, GML §803(1) requires that
“Any municipal officer…who has, will have, or later acquires an interest in or whose
spouse has, will have, or later acquires an interest in any actual or proposed contract, purchase
agreement, lease agreement or other agreement, including oral agreements, with the
municipality of which he or she is an officer… shall publicly disclose the nature and extent of
such interest in writing… to the governing body thereof… Such written disclosure shall be made
part of and set forth in the official record of the proceedings of such body.”
Accordingly, I am disclosing this conflict of interest, in writing, to Common Council, and
requesting that such disclosure be reflected in the minutes of Common Council.
cc: Board of Public Works
Board of Public Works – April 14, 2010- Page 5
Daniel L. Hoffman, City Attorney
William Gray, Superintendent of Public Works
Julie Holcomb, City Clerk
Mayor Peterson expressed her appreciation for all the work done and the clear example of what
should be done when there is a conflict of interest. She thanked Alderperson Cogan for
following up on Assistant City Attorney’s Sokoni’s suggestion to provide the above memo to the
Board and for the record.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
Renovation of Alex Haley Pool Bath House – Report at the meeting by GIAC Supervisor
Michael Thomas
GIAC Deputy Director McBean-Clairborne and GIAC Supervisor Michael Thomas joined the
Board for the discussion of this item.
GIAC Supervisor Thomas explained that GIAC had been given an anonymous donation in the
amount of $10,000. The Board of Directors for GIAC has placed that money into their account.
The Board and GIAC staff has felt that there should be changing rooms in the Alex Haley Pool
bath house because currently there are only bathrooms in the bath house. He further explained
that because this is a city-owned building the Board needs to grant approval in order to proceed
with the proposed renovations. He stated that he has been working with the city engineering
office on the proposal and presented a drawing that showed the proposed work.
Discussion followed on the floor regarding what process should be followed for obtaining quotes
for the work, the timeline, and funding for the project. Deputy City Controller Andrew stated that
since the project will be less than $35,000 it does not have to go through the formal bid process.
He further stated that three quotes would need to be obtained and then a contract could be
written for the project.
City Attorney Hoffman stated that he just found out about the nature of the proposal and was
trying to think of a situation where the City owns a building but does not oversee the work on it.
In this case, the City leases the land from the Ithaca City School District and has built the pool
facilities; GIAC does not sublease the pool building from the City. He thought it would be
cleaner if the City were to select and oversee the contractor for work on a City-controlled
building, in order to make sure the City is protected by following all required steps for City work.
Discussion followed on the floor about the possibility of city crews doing the work. Acting Asst.
Supt. Benjamin stated that city crews would not be able to work on the project in time for the
pool to be open on June 10th.
The Board supported the proposal and requested that GIAC staff work with the City Controller’s
office on the procedure for obtaining quotes and developing a contract for the work.
Power to Act – Award of Construction Contract for Modifications to the Alex Haley
Municipal Pool Bath House – Resolution
By Commissioner Wykstra: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on the Award of Construction Contract for
Modifications to the Alex Haley Municipal Pool Bath House at the April 21, 2010 Committee of
the Whole meeting.
Carried Unanimously
HIGHWAYS, STREETS, AND SIDEWALKS:
Award of Bid for One (1) New or Used Portable Asphalt Recycling Machine – Resolution
By Commissioner Tripp: Seconded by Commissioner Brock
WHEREAS, bids were received on March 30, 2010 for one new or used Portable Asphalt
Recycling Machine, and
WHEREAS, staff as reviewed the bids submitted and
WHEREAS, the lowest bid of $129,500 for a used machine did not meet the written
specifications, and
WHEREAS, staff has performed a thorough inspection of the second lowest bid machine, and
has determined that this used Asphalt Recycler, with 93.4 hours of operation, will perform as
well as a new machine that costs $36,400 more, now therefore be it
RESOLVED, That the Board of Public Works awards the bid of the used Portable Asphalt
Recycling Machine to Zielinski’s Asphalt Inc; 4989 State Route 12B, Oriskany Falls, NY 13425
for their total low conforming bid of $130,000, and be it further
Board of Public Works – April 14, 2010- Page 6
RESOLVED, That the Acting Assistant Superintendent of Public Works is hereby authorized to
enter into a contract with Zielinski’s Asphalt Inc. for the purchase of the used Portable Asphalt
Recycling Machine.
City Attorney Hoffman explained that it is the City’s practice for the Mayor to sign contractual
agreements, but if using the purchase order process he would suggest a change to the last
Resolved clause.
Amending Resolution:
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the Acting Assistant Superintendent of Public Works is hereby authorized to
enter into a purchase order agreement with Zielinski’s Asphalt Inc. for the purchase of the used
Portable Asphalt Recycling Machine.”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted As Follows:
Carried Unanimously
Award of Bid for Potable Water Tank Rehabilitation Project - Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, it is necessary and desirable to repaint, make structural improvements, replace
cathodic protection components, and meet New York State Department of Health regulations at
the Maple Avenue, Oakwood Lane, and Cornell Street Water Tanks, and
WHEREAS, the Water and Sewer Division has received written proposals from five (5)
professional engineering firms for a potable water tank interior and exterior improvement
project; and
WHEREAS, the evaluation of the proposals was based on qualification, references, general
experience, and cost, now therefore be it
RESOLVED, That the Board of Public Works hereby awards the project for Potable Water Tank
Rehabilitation to TG Miller P.C., for their combined proposal of $34,000 plus a not-to-exceed
sum of $1,500 for reimbursable expenses, as recommended by staff, and be it further
RESOLVED, That the Mayor is hereby authorized to enter into a contract with TG Miller P.C. for
professional services, with funds derived from Capital Project #513.
Carried Unanimously
Southern Tributaries to Cayuga Lake Dredging Project – Update
Director of Planning and Development Cornish and Planner Nicholas joined the Board for
discussion of this item.
Planner Nicholas stated that a selection needs to be made for a preferred site for the dredging
material. She explained that it is important for the Board to read the report provided by the
consultants to help them understand what needs to be done. She further stated that once the
Board has read the report they should let her know so she can coordinate a meeting between
the consultants and the Board.
Commissioner Goldsmith questioned whether it would be better for the Board to read the report,
discuss, and decide what questions to ask before meeting with the consultants or how should
they proceed with their review of the information.
CC Liaison Zumoff noted that the report indicates that the Board of Public Works will regularly
communicate progress to the Planning and Economic Development Committee. He stated that
means this process could take six months to a year and expressed his frustration that this
process won’t be resolved within a month.
Planning and Development Director Cornish stated that they are hoping that Common Council
will make its decision by their July meeting. She further stated that schedule means the Board
needs to do a lot of work to get there. She wants this item to go to the June Planning and
Economic Development Committee and then on to Common Council in July. Mayor Peterson
confirmed that this is the schedule that needs to be followed.
Discussion followed on the floor about the need for Board members to take fields trips of the
proposed sites especially the Southwest Park area since it is not as accessible as some of the
other sites. Planner Nicholas reported that the Dredging Project Advisory Committee (DPAC)
has provided input and been invited to tour the proposed sites because their input is very
important. Commissioner Wykstra stated that at some point the DPAC needs to hand this off to
the Board so it can move forward with its charge. Supt. Gray responded that some members of
Board of Public Works – April 14, 2010- Page 7
the DPAC are regulating agencies that won’t provide input at this point. They will participate
again when the process moves into the environmental review process. He stated that the Board
will make its recommendation to Common Council who will accept, reject or modify it, then it will
go on to the environmental review process. Further discussion followed on the floor regarding
the cost of the project. Director of Planning and Development Cornish stated that the City is
charged with providing a site for the material, the cost for the portion of the project not under
Canal Corps. or DEC responsibility (i.e. Cascadilla Creek) with the other costs being borne by
the NYS Department of Environmental Conservation (NYSDEC) and the Canal Corps. Planner
Nicholas stated that the DEC has not objected to any of the proposed sites.
Discussion followed on the floor regarding how the Board would like to proceed with scheduling
this item on a future agenda and how many meetings might be needed for this topic in order to
meet the proposed timeline. Staff will work to coordinate site visits for the Board as well as
setting up a meeting with the consultants. Further discussion followed on the floor regarding
options, how to proceed, and what conflicts exist. It was stressed that everyone needs to have
the most current version of the report before discussing this further so that they have the most
complete and up-to-date information.
ADMINISTRATION AND COMMUNICATIONS:
Adoption of New Meeting Schedule – Discussion
Extensive discussion followed on the floor on the need to develop a new meeting schedule
because of Common Council starting their meetings at 6:00 p.m. on the first Wednesday of the
month beginning May 5, 2010. Various Board members expressed their opinions as to their
preferences for two or three meetings a month and what times would work best. Many Board
members expressed frustration with the inefficiencies of current meetings due to
unpreparedness and repetition of things from one meeting to the next. Discussion also followed
on the floor regarding the possibility of earlier meeting times and the difficulties that some board
members and the public would have with them. After much discussion and consideration, the
Board supported having three meetings a month on the 2nd, 3rd, and 4th Wednesdays at 4:45
p.m. Mayor Peterson stated that she would continue to hold Common Council Committee of the
Whole meetings on the 5th Wednesday of each month when possible, and then would ask
Common Council to try to accommodate special meetings or committee of the whole meetings
on other days of the week since the Board of Public Works is having to adjust their meeting
schedule because of the earlier start time for Common Council meetings.
Power to Act on Protest of Sidewalk Snow Removal Bill for 704-06 North Cayuga Street,
Protest of Sidewalk Snow Removal Bill for 708 North Cayuga Street, Protest of Sidewalk
Snow Removal Bill for 348-50 Elmira Road, Appeal of Water Service Repair Invoice for
525 West Buffalo Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on Protest of Sidewalk Snow Removal Bill
for 704-06 North Cayuga Street, Protest of Sidewalk Snow Removal Bill for 708 North Cayuga
Street, Protest of Sidewalk Snow Removal Bill for 348-50 Elmira Road, Appeal of Water Service
Repair Invoice for 525 West Buffalo Street at the April 21, 2010 Committee of the Whole
Meeting.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 7:20 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor