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HomeMy WebLinkAboutMN-BPW-2004-03-10BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. March 10, 2004 PRESENT: Acting Mayor Whitmore Commissioners (6) -Tsegaye, Jenkins, Dotson, Chapman, Schlather, Romanoff OTHERS PRESENT: Deputy City Controller - Andrew Superintendent of Public Works - Gray Assistant Superintendent of Water and Sewer - Fabbroni Common Council Liaison – Coles Information Management Specialist - Myers EXCUSED: Mayor Peterson DAC Liaison Roberts PLEDGE OF ALLEGIANCE: Commissioner Tsegaye led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of minutes deferred to April 14, 2004 Board of Public Works Meeting ADDITIONS TO OR DELETIONS FROM THE AGENDA: Superintendent Gray requested the addition of the following items noted on the Revised Agenda distributed March 10, 2004: Item 13A Request for Use of Dryden Road Garage - Resolution Item 14A Contract with NYSEG to Rehabilitate West Court Street – Resolution Item 17A Tertiary Phosphorous Removal Upgrade Project – Resolution Item 18E Election of Vice Chair – Resolution Commissioner Chapman requested that Item 17A be added as a Power to Act item the March 17, 2004 Committee of the Whole meeting. No Board member objected to the additions. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Gino Bush, 110 Fayette Street, addressed the Board regarding the plaque for the Bernie Milton pavilion on the Commons. The community would like direction as to how to move forward with getting the plaque placed on the pavilion. He further addressed the Board regarding dogs on the Commons. Commissioner Schlather arrived at the meeting at 5:00 p.m. Commissioner Jenkins arrived at the meeting at 5:02 p.m. RESPONSE TO THE PUBLIC Superintendent Gray responded to comments made about the Bernie Milton plaque and noted that Assistant Superintendent Ferrel is working on getting it ordered and placed on the pavilion. He stated that he would update the Board on the status of this request next week. He further responded to comments made about dogs on the Commons. Acting Mayor Whitmore arrived at the meeting at 5:05 p.m. March 10, 2004 2 13. BUILDINGS, PROPERTIES, TRANSIT: Kari Davis, Cornell graduate student gave a presentation to the Board on her proposal to project Roman street scenes on the Cornell University Performing Arts Center. She explained that the outdoor art would include city scenes and bridges, and would not involve sound. A. Request for Use of Dryden Road Garage - Resolution By Commissioner Dotson: Seconded by Commissioner Jenkins WHEREAS, Kari Davis, a graduate student at Cornell is working towards her masters degree in Landscape Architecture and City & Regional Planning, has approached the Board of Public Works requesting permission for an outdoor art project that involves the projection of Roman street scenes on the walls of the Cornell University Performing Arts Center, and WHEREAS, Ms. Davis is sponsored by the Cornell Council for the Arts and has cleared her project with all the Cornell Offices of Insurance, Health and Safety, Police and Transportation and is now requesting permission from the city, and WHEREAS, three of the six projectors are proposed on or near the Dryden Road Parking Garage in order to cast images on the Performing Arts Center; now, therefore, be it RESOLVED, That the Board of Public Works grants permission to Kari Davis for her installation art project in Collegetown for the evening of April 1, 2004 and directs the Superintendent to arrange the details for proof of insurance, passes for the parking spaces and arrangements for a rain date should one be required. Extensive discussion followed on the floor regarding the use and cost of electricity for this project, and the fee for parking spaces at the garage. Commissioner Schlather noted that part of the nature of public art is that public space is being used. The applicant should be prepared to underwrite whatever cost there is to using the public space. This process would be similar to how people are charged for electricity using the Commons for amplification purposes. He stated that he does not want to set a precedent by allowing this project to take place without any costs associated with the use of public space. He does not want the Board to be accused of discrimination in that it is not charging the applicant for this project, but would charge someone for the use of electric on the Commons. The Board has an obligation to be consistent in the application of the administrative costs. Discussion followed on the floor regarding the permitting process used for electricity on the Commons, the cost associated with that permit process, and the Public Art Commission guidelines and definitions of art. Further discussion took place regarding the procedure that should be followed for future requests of this type. The Board suggested that projects like this be referred to the Public Art Commission so that all their guidelines are met, and that applicants are treated in a consistent and fair manner. Amending Resolution: By Commissioner Dotson: Seconded by Commissioner Schlather RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the Board of Public Works grants permission to Kari Davis for her installation art project in Collegetown for the evening of April 1, 2004 and directs the Superintendent to arrange the details for proof of insurance and payment for use of electricity and parking spaces, following the permit process normally used for Commons pavilion electricity use or another appropriate permit process.” Carried Unanimously Further discussion followed on the floor regarding the content of the project and the rights of the Board and the perspective artists. March 10, 2004 3 Superintendent Gray noted that Ms. Davis has gone before Cornell’s Council on the Arts, and in front of about four other groups at Cornell for approval and the property on which the project is being done is owned by Cornell. He further stated that while there is truth that a projector will be sitting on a city parking garage; this was Cornell’s project to filter and that was the reason he thought he could bring it to this Board directly and not send it through the Public Art Commission for approval. Common Council Liaison Coles thanked Ms. Davis for her work on this project. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 14. HIGHWAYS, STREETS, SIDEWALK: A. Power to Act - Resolution Contract with NYSEG to Rehabilitate West Court Street – Resolution By Commissioner Chapman: Seconded by Commissioner Romanoff RESOLVED, That the Board of Public Works grants itself Power To Act at its meeting on March 17, 2004 to establish a Contract with NYSEG to Rehabilitate West Court Street. Assistant Superintendent for Water & Sewer Fabbroni noted that the resolution may come to the Board next week with the addition of the water and sewer information which has already been reviewed by the City Attorney. A vote on the Resolution resulted as follows: Carried Unanimously 16. CREEKS, BRIDGES AND PARKS: A. Use of Skateboard Park - Resolution By Commissioner Dotson: Seconded by Commissioner Chapman WHEREAS, the Ithaca Youth Bureau Recreation Department would like to run a skate board camp at the Skateboard Park, and WHEREAS, the Youth Bureau has asked to use the Skateboard Park exclusively, between the hours of 9:00 am – 11:00 am on a series of dates, and WHEREAS, experienced instructors will provide basic skateboard techniques for youth ages 9 – 15 years old, as well as introductory skate board tricks for beginners and intermediate skaters; now, therefore be it RESOLVED, That the Board of Public Works grants permission to the Ithaca Youth Bureau Recreation Department for the use of the Skateboard Park from 9:00 am – 11:00 am on the following Saturdays: April 17, 24, May 1, 8, 15, 22, with May 29th reserved for a rain date, and, be it further RESOLVED, That the Board waives its previous requirement for the installation of a port-a-john during the hours of the camp, but reserves the right to reinstate this requirement though the Superintendent of Public Works, and, be it further RESOLVED, That the Ithaca Youth Bureau staff will contact the Titus Towers Resident Council to notify them in a timely manner of the operation of this camp during the days in question, and be it further RESOLVED, That notification of the camp be posted near the facility at least one week prior to the start of the camp. Superintendent Gray reported that he had a discussion with the Youth Bureau last week and they have indicated that they will try to do another camp like this in August. March 10, 2004 4 Discussion followed on the floor regarding the need for a port-a-john and garbage can during this camp. The Youth Bureau runs camps for longer periods of time without a port-a-john and it hasn’t been a problem. The Youth Bureau does not feel that a port-a- john is needed for a two-hour camp. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Romanoff RESOLVED, That the second Resolved clause be deleted and that the requirement of a garbage can be added. Discussion followed on who would be responsible for the port-a-john for the two-hour camp, and how it would be maintained/provided to the camp for the weekend and the cost associated with this. Commissioner Schlather withdrew his motion and Commissioner Romanoff withdrew her second to the motion. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Chapman RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That with respect to the port-a-john on site requirement, the Board asks the Superintendent to coordinate with the Ithaca Youth Bureau the installation of the same, or to make alternative arrangements which are cost effective and accomplish the same purpose.” Further discussion followed on the floor regarding trash removal during the camp, and the Board’s desire for a port-a-john if at all economically feasible. 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 B. Request for Transfer of Funds for Emergency Repairs To South Aurora Street Bridge - Resolution By Commissioner Schlather: Seconded by Commissioner Romanoff WHEREAS, the Department of Public Works under took emergency repairs to the South Aurora Street bridge as a result of a sudden failure of the concrete covering the deck reinforcing in the southbound lane, and WHEREAS, these repairs were neither anticipated nor budgeted in the department budget and the timing of the repairs required the use of a private contractor in addition to city work crews, and WHEREAS, the costs incurred were: Private Contractor, Bridge Repairs $7,458.51 City Expenses –wages 1,534.02 material 78.88 equipment 1212.00 benefits @39% wages 598.27 $10,881.68 Allowance for unbilled expenses 1,000.00 $11,881.68 now, therefore be it March 10, 2004 5 RESOLVED, That the Board of Public Works requests that the City Administration Committee and Common Council authorize the City Controller to transfer funds into the city highway accounts from City Capital Reserve Account #4 for Bridges in an amount not to exceed $11,800 to cover the unanticipated expenses, and be it further RESOLVED, That the Board of Public Works thanks the city highway crews for the fast and effective response to the emergency situation that required a timely and specialized response. Acting Mayor Whitmore questioned why a private contractor was used for this repair rather than city crews for this project? Superintendent Gray responded that because it was the middle of January, the city crews were busy with snow plowing or potholes and there was a contractor doing concrete work at the Seneca Street garage, and since the city wanted the same type of work done for this project; the private contractor was hired. Further discussion followed regarding the use of private contractors versus using funds to fill city positions. A vote on the Resolution resulted as follows: Carried Unanimously C. Intent to be Lead Agency for Cecil A. Malone Dr. Pedestrian Bridge - Resolution By Commissioner Jenkins: Seconded by Commissioner Chapman WHEREAS, The State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, The City of Planning and Development Board has a pending application for site plan approval in connection with the Cecil A. Malone Dr. Pedestrian Bridge which has been determined to be a Type I Action under the City of Ithaca Environmental Review Ordinance ("CEQRO"), and WHEREAS, In an effort to coordinate review under CEQRO, the both the Board of Public Works and the Planning and Development Board have been identified as having "approval" authority over some aspects of this project, and WHEREAS, In accordance with the City of Ithaca Charter Article V §C-71, the Board of Public Works has jurisdiction over streets, highways, bridges, and sidewalks, and WHEREAS, In accordance with the City of Ithaca Code, Chapter 276, Site Plan Review, the Planning and Development Board has the power to approve site plans, and WHEREAS, Site Plan Approval cannot be granted until an environmental determination has been made for the action, and WHEREAS, It is the Board of Public Works intention is to act as Lead Agency for the purposes of environmental review for Cecil A. Malone Dr. Pedestrian Bridge, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works does hereby declare its intent to act as lead agency for the environmental review for the for the Cecil A. Malone Dr. Pedestrian Bridge, in the City of Ithaca. March 10, 2004 6 Discussion followed on the floor regarding the timing of this project and its priority considering the city’s financial situation. Superintendent Gray reported that funding is being provided by the IURA for this project. The Board requested that Superintendent Gray provide them with a list of projects by priority because they feel that it is pre-requisite in their ability to make decisions. Acting Mayor Whitmore noted that if this item were passed, there would still be another level of discussion to proceed with the project. Extensive discussion followed on the floor regarding the need for the Board to designate themselves as lead agency for this project. Commissioner Chapman noted that he asked staff to research whether the Board approved of the installation of the piles for this project, which are already in place, and the Board didn’t. He stated that future that projects like this should come before the Board for approval. He further noted that installing the piles when the pile driver was nearby saved money. He reported that the Bicycle Pedestrian Advisory Council (BPAC) had serious reservations about this bridge project. A vote the Resolution resulted as follows: Carried Unanimously D. Intent to be Lead Agency for Thurston Avenue Bridge Rehabilitation - Resolution By Commissioner Schlather: Seconded by Commissioner Tsegaye WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, The City of Planning and Development Board has a pending application for site plan approval in connection with the Rehabilitation of the Thurston Avenue Bridge which has been determined to be an Unlisted Action under the New York Sate Environmental Quality Review Act ("SEQRA") and a Type I Action under the City of Ithaca Environmental Review Ordinance ("CEQRO"), and WHEREAS, In an effort to coordinate review under SEQRA and CEQRO, the both the Board of Public Works and the Planning and Development Board have been identified as having "approval" authority over some aspects of this project, and WHEREAS, In accordance with the City of Ithaca Charter Article V §C-71, the Board of Public Works has jurisdiction over streets, highways, bridges, and sidewalks, and WHEREAS, In accordance with the City of Ithaca Code, Chapter 276, Site Plan Review, the Planning and Development Board has the power to approve site plans, and WHEREAS, Site Plan Approval cannot be granted until an environmental determination has been made for the action, and WHEREAS, It is the Board of Public Works intention is to act as Lead Agency for the purposes of environmental review for the Thurston Avenue Bridge Rehabilitation, now therefore be it RESOLVED, That the City of Ithaca Board of Public does hereby declare its intent to act as lead agency for the environmental review for the Thurston Avenue Bridge Rehabilitation, located on Thurston Avenue, in the City of Ithaca. March 10, 2004 7 The Board expressed similar concerns for this project as for the Cecil A. Malone Drive Pedestrian Bridge resolution. A vote on the Resolution resulted as follows: Carried Unanimously 17. WATER AND SEWER: A. Tertiary Phosphorous Removal Upgrade Project – Resolution By Commissioner Jenkins: Seconded by Commissioner Schlather WHEREAS, the Board of Public Works approved the Tertiary Phosphorus Removal Upgrade Project at the IAWTF initially in the amount of $4,115,000, and WHEREAS, the Board of Public Works, acting on an amended budget of $4,448,900 passed by Common Council September 3, 2003, recommended awarding the low bids opened on August 19, 2003 on September 10, 2003, and WHEREAS, the City was not able to sign the contracts to effect the low bids received August 19, 2003 because of delays imposed by the wastewater plant partners, and WHEREAS, Stearns & Wheler has proposed a revised budget of $4,975,000 to move forward with a rebidding process at this time, and WHEREAS, $2,775,000 of the projected $4,975,000 project cost is committed by New York State DEC in contract signed for grant reimbursement by NYSDEC, New York State Attorney General, and New York State Comptroller, now therefore, be it RESOLVED, That the Board of Public Works recommends an amendment to Capital Project 409J Tertiary Phosphorus Removal Upgrade at the IAWTP in the amount not to exceed $526,500 for a total project authorization of $4,975,000 and be it further RESOLVED, That the Board of Public Works recommends this project contingent upon action by all wastewater plant partners committing their new fair percentage reimbursement shares of the net cost to the Joint Activity Fund in the following amounts: Municipality % Project Total Net After Bond Act Reimbursement City of Ithaca 57.15% $2,843,212.50 $1,257,300.00 Town of Ithaca 40.87% $2,033,282.50 $ 899,140.00 Town of Dryden 1.98% 98,505.00 $ 43,560.00 $4,975,000.00 $2,200,000.00 and be it further RESOLVED, That the Board of Public Works hereby recommends financing this project through local BANs and permanent bonding under NYS Environmental Facilities Corporation, or in any such other manner as the City Controller, in partnership with the wastewater plan owners, may recommend within the Joint Activity portion of the City financing, and be it further RESOLVED, That the Board of Public Works hereby recommends a $10,000 increase to the previously authorized engineering services agreement Amendment No.1 for advertising and construction services related to this project in the amount of a cost not to exceed $245,000. Assistant Superintendent of Water & Sewer Fabbroni explained the reason why this project should go forward. This process will remove 75% of phosphorus from going into Cayuga Lake and will mean a substantial improvement to the condition of the lake. He stated that he would be cautious in the selection of contractors for the project. March 10, 2004 8 Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Dotson RESOLVED, That the third Whereas clause be amended to read as follows: “WHEREAS, the City was not able to sign the contracts to effect the low bids received August 19, 2003, because of delays imposed by a wastewater plant partner; other than the city, and “ Commissioner Schlather stated that part of municipal cooperation involves being respectful and responsible and anything other than that should be unacceptable. He further stated that the importance of this amendment is that our policy makers at the highest levels need to be able to point to people within the ranks and say that this caused some problems and that in the future they can’t allow this kind of thing to happen again. Acting Mayor Whitmore agreed that the resolution should reflect what happened. Inter- municipal negotiations can be difficult situations, and he knows that people are trying as hard as they can. He stated that decisions were made that postponed the City’s ability to move forward with this project, which may cause negative financial impacts for the City and the other partners. Commissioner Romanoff stated that as this is a considerable amount of money, she thinks the Board should do whatever they can to document that they took the proper action, and were ready to work on this, but then were delayed by circumstances beyond their control. Common Council Liaison Coles stated that she feels the same way and feels particularly indignant over the way city employees were treated. She would like to ensure that this kind of disagreement does not continue during future negotiations. 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 18. ADMINISTRATION AND COMMUNICATIONS ITEMS: A. Thank You to John Beach - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff WHEREAS, John Beach was appointed to the Board of Public Works in March 2000, and WHEREAS, John served as the Board’s liaison to the Planning and Development Board as well as various sub-committees of the Board, and WHEREAS, during John’s tenure the Board approved bridge rehabilitations at Linn Street over Cascadilla Creek, Plain Street over Six Mile Creek as well as major street reconstructions such as West State Street and planning efforts for West Spencer and Meadow Streets, and WHEREAS, John’s keen insight into neighborhood concerns for traffic impacts has been a valuable asset to the Board; now, therefore be it RESOLVED, That the Board of Public Works hereby thanks John Beach for his time and effort given to the Board, and, be it further RESOLVED, That the Board recognizes his personal passion and commitment made to serve his community. Carried Unanimously March 10, 2004 9 B. Thank You to Joseph Leonardo - Resolution By Commissioner Jenkins: Seconded by Commissioner Romanoff WHEREAS, Joseph Leonardo was appointed to the Board of Public Works on January 7, 1998 and has served as Vice Chair of the Board since 2000, and WHEREAS, Joe brought his experience as a city business owner as well as a life long member of the Collegetown community to assist the Board in crafting solutions to problems and developing policy for city facilities, and WHEREAS, Joe has participated in the preparation of plans for the replacement of 100 year old water treatment facilities, a very successful bridge replacement/rehabilitation program, a wide variety of traffic management efforts, demanding intermunicipal sewer/wastewater treatment projects, and numerous other projects and policies; now, therefore be it RESOLVED, That the Board of Public Works thanks Joseph Leonardo for his participation, insight, and leadership during his six years on the Board. Carried Unanimously C. Request to Create Bridge Systems Engineer Position - Resolution By Commissioner Dotson: Seconded by Commissioner Tsegaye WHEREAS, as the Superintendent and staff have recommended the re-creation of the Bridge Systems Engineer’s position in the Engineering Office in order to provide staff for the current work load in years 2004 and 2005 to keep the current multi-year city bridge program outlined in the MPO’s Transportation Improvement Program (TIP) schedule, and WHEREAS, the Assistant City Engineer, Mr. Hernando Gil is working on several city capital projects as well as all of the scheduled bridge projects for 2004 and 2005, as well as preparing work for the next five year update to the TIP which requires more time and is available, and WHEREAS, the Bridge System Engineers position was created with the understanding that it was to be funded from the Capital Projects undertaken by the city (thought the state TIP or for itself) which has resulted in 16.6 million dollars in bridge construction with an approximate net cost to the city of 4.3 million dollars during the years 1998 to 2003, and WHEREAS, there is currently enough approved work for both positions (Assistant City Engineer and Bridge Systems Engineer) well in to 2005 and Mr. Gil anticipates returning to his native Columbia in that period making the overlap of personnel in these related position important to the city’s success with its current project load and its continued successful participation in the Federally and State Funded TIP projects; now, therefore, be it RESOLVED, That the Board of Public Works recommends to the City Administration Committee that the position of Bridge Systems Engineer be re-created in the Office of City Engineer and that the necessary funds for that position will be recovered from current and future bridge projects undertaken by the city. Discussion followed on the floor regarding the re-creation of the title and impacts this action would have on the department. Acting Mayor Whitmore stated that this resolution is only requesting that the City Administration Committee consider the request, and does not actually create the position. He further noted that he is in an unusual situation being a voting Common Council member who also happens to be part of the Board of Public Works for the day so he will be voting against this item because he does not have enough information, and wants to consider it more carefully. March 10, 2004 10 A vote on the Resolution resulted as follows: Ayes (6) Schlather, Chapman, Tsegaye, Jenkins, Dotson, Romanoff Nay (1) Whitmore Abstentions (0) Carried Commissioner Schlather stated that the Board discussed this at length at the last meeting, so the decision to forward this request to the City Administration Committee is not ill-advised. D. Power to Act - Resolution Declaration of Negative Environmental Impact – Thurston Avenue- Resolution By Commissioner Dotson : Seconded by Commissioner Schlather RESOLVED, That the Board of Public Works reserves itself Power To Act at its meeting on April 7, 2004 to declare negative environmental impact concerning the Thurston Avenue Bridge Rehabilitation. Carried Unanimously Declaration of Negative Environmental Impact – Cecil A. Malone Pedestrian Bridge - Resolution By Commissioner Dotson: Seconded by Commissioner Schlather RESOLVED, That the Board of Public Works reserves itself Power To Act at its meeting on April 7, 2004 to declare negative environmental impact concerning the Cecil A. Malone Drive pedestrian bridge. Carried Unanimously E. Election of Vice Chair – Resolution Commissioner Schlather nominated Commissioner Tsegaye to serve as Vice Chair for the Board of Public Works for 2004. Resolution: By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That Commissioner Gossa Tsegaye will serve as Vice Chair for the Board of Public Works for 2004. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 6:45 p.m. Sarah L. Myers David Whitmore Information Management Specialist Acting Mayor