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HomeMy WebLinkAboutMN-BPW-2005-05-18BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. May 18, 2005 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Dotson, Chapman, Schlather, Romanoff OTHERS PRESENT: Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer - Fabbroni DAC Liaison – Roberts Information Management Specialist - Myers Assistant City Engineer - West EXCUSED: CC Liaison Coles Power to Act: 210 & 212 Treva Avenue Permanent Easement for Ingress and Egress - Resolution By Commissioner Dotson: Seconded by Commissioner Romanoff WHEREAS, 210 & 212 Treva Avenue are in the process of being sold and combined into one building lot; and WHEREAS, the only access for ingress and egress to 210 & 212 Treva Avenue is over the paper street known as Treva Avenue; and WHEREAS, the City is willing to confirm a permanent easement over Treva Avenue for purposes of ingress and egress to and from 210 & 212 Treva Avenue under the following conditions: -the permanent easement will be as shown on the attached sketch. -the City of Ithaca reserves access to all of Treva Avenue for, but not limited to, purposes of replacement and/or repair of existing water and sewer mains within the bounds of Treva Avenue. -if Treva Avenue should become a dedicated public street, the easement granted shall be extinguished within the bounds of the then-dedicated public street, now, therefore, be it RESOLVED, That the Board of Public Works hereby grants a permanent easement for ingress and egress to and from 210 & 212 Treva Avenue under the above conditions, and be it further RESOLVED, That the Board of Public Works hereby authorizes the mayor to sign the necessary documents for said permanent easement. Superintendent Gray updated the Board on the status of this request. It has been determined that Treva Avenue does appear on a map and it runs between Giles Street and Bridge Street. It has not been opened or dedicated to public use. The City does have certain water and/or sewer infrastructure within the property and it does hold the title. In order for 210-212 Treva Avenue to be considered buildable land, permanent access is required. The City has reviewed this information and is willing to confirm a permanent easement to the buyers of the property. David Tyler, attorney for the buyers, addressed the Board to report on the decision that had been reached with the City to grant permanent easement. He then answered questions from Board members regarding how it was determined that the City could grant permanent easement to the buyers of the property on Treva Avenue. Board of Public Works – May 18, 2005 - Page 2 2 Further discussion followed on the floor regarding the responsibilities of the property owner as well as the City when work to the water or sewer lines needs to be done. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Romanoff RESOLVED, That the third Whereas clause be amended to add a fourth bulleted item that would read as follows: “Until such time as Treva Avenue becomes a public street, the responsibility for construction, maintenance, and replacement of any improvements in this easement be solely and exclusively that of the grantee,” and be it further RESOLVED, That the second bulleted item in the third Whereas clause be amended to read as follows: “the City of Ithaca reserves access to all of Treva Avenue for, but not limited to, purposes of replacement and/or repair of existing water and sewer mains within the bounds of Treva Avenue, and any cost of repairing private improvements to the easement shall be borne by the grantee.” Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously Superintendent Gray informed the Board that the City usually works with property owners to restore their properties to their previous condition after it does work. Owners are not left with a lot of work to do unless the property owner makes unusual improvements to the property that the city can’t replace. Asst. Supt. Fabbroni confirmed this and stated that the city tries to come to an agreement with the property owner on work to replace anything that is disturbed by the city when construction work is being done. 2. City of Ithaca Stormwater Management Program Annual Report – Resolution By Commissioner Schlather: Seconded by Commissioner Dotson WHEREAS, the City of Ithaca is a permitted small Municipal Separate Stormwater Sewer System (MS4) under Clean Water Act Phase II regulations for stormwater discharges and, WHEREAS, the City of Ithaca received State Pollutant Discharge Elimination System (SPDES) permit coverage through the New York State Department of Environmental Conservation (NYSDEC) on March 10, 2003 and, WHEREAS, the City must develop a stormwater management program (SWMP) in accordance with SPDES permit requirements by meeting measurable goals including public education and outreach, public involvement and participation, illicit discharge detection and elimination, construction and post construction management, and management of municipal operations and, WHEREAS, the City must develop said SWMP by January 8, 2008 and, WHEREAS, the City is required to file an annual SWMP progress report to the NYSDEC by June 1, 2005 and, WHEREAS, the City has completed its SWMP Annual Report for Year 2 which addresses any public comments provided; now, therefore be it RESOLVED, That the Board of Public Works hereby approves the City of Ithaca Stormwater Management Program Annual Report which represents the status of the City’s SWMP for the 2004 - 2005 reporting period, and be it further RESOLVED, That the City of Ithaca Division of Water & Sewer is authorized to submit said report to the NYSDEC by June 1, 2005. Scott Gibson, Environmental Engineer, addressed the Board to report on the progress that the City is making in developing a Stormwater Management Program, which is due Board of Public Works – May 18, 2005 - Page 3 3 to New York State by January 8, 2008. This mandate by the State is unfunded and there is limited staff available to work on the project. He further stated the county has developed a boiler template for municipalities to work from when they are developing their ordinance for this program. The template is currently being reviewed in house and they should have a draft ordinance in place soon. A Vote on the Resolution resulted as follows: Carried Unanimously 3. Award of Bid for Yearly Sidewalk Program for 2005 - Resolution By Commissioner: Seconded by Commissioner WHEREAS, bids were received for the yearly sidewalk program 2005 on April 27, 2005, and WHEREAS, the project includes reconstruction of sidewalk on W. Court Street, Washington Street and other locations throughout the city and reconstruction of handicapped ramps, WHEREAS, staff from the Engineering, Controller and Attorney’s Offices have reviewed the bids and recommend that the two lowest bids be disqualified as incomplete and WHEREAS, staff recommends that the remaining low bidder be awarded the contract; now, therefore be it RESOLVED, That the Board of Public Works hereby awards the yearly sidewalk program 2005 to James Ross and Son Contractors of 204 North Beech Street, Syracuse, NY 13203 for their low bid of $334,250.00 and be it further RESOLVED, That the Board authorizes the Superintendent of Public Works to enter into an agreement with James Ross and Son Contractors with the usual terms and conditions. Discussion occurred on the floor regarding this resolution before it was moved for discussion. Assistant City Engineer West addressed the Board to explain why staff is requesting that the Board pass the resolution, which does not use the lowest bidder for the sidewalk contract. He further explained the specifications for the project as well as the bids that were received. He explained that staff concerns with the bids received were centered on tree protection and traffic maintenance. He then answered questions from Board members regarding the scope of the project, and details of how bids were reviewed. Commissioner Schlather stated that he appreciated Asst. City Engineer West’s comments and that he has respect for him. However, the $75,000 difference is such a huge difference that he believes the risk to the city could be recouped under the bond that the contractor provides to the city for each bid. The following resolution was moved for discussion: Award of Bid for Yearly Sidewalk Program for 2005 - Resolution By Commissioner Schlather: Seconded by Commissioner Chapman WHEREAS, bids were received for the yearly sidewalk program 2005 on April 27, 2005, and WHEREAS, the project includes reconstruction of sidewalk on W. Court Street, Washington Street and other locations throughout the city and reconstruction of handicapped ramps, now therefore be it RESOLVED, That the Board of Public Works hereby awards the yearly sidewalk program 2005 to Ottenschot Construction Co., Inc. of 12 Prospect Street, Homer, NY 13077 for their low bid of $258,730.00 and, be it further Board of Public Works – May 18, 2005 - Page 4 4 RESOLVED, That the Board authorizes the Superintendent of Public Works to enter into an agreement with Ottenschot Construction Co., Inc. with the usual terms and conditions. Ayes (3) Schlather, Chapman, Romanoff Nays (3) Peterson, Dotson, Jenkins Abstentions (0) Failed Superintendent Gray stated that he agrees with Commissioner Schlather and he will reconstruct the bid documents in the future. He further stated that he needs a contract for the sidewalk repair, he appreciates the Mayor’s support for staff recommendations, and that he does want to save the city money. He further stated that the city has not done sidewalk work in many years and that all the sidewalks that need to be repaired could not be completed within award of the Fall sidewalk contract alone. Discussion followed on the floor regarding whether the project could be split up, tree protection, and traffic control concerns. Mayor Peterson moved to reopen the resolution for a vote. Award of Bid for Yearly Sidewalk Program for 2005 - Resolution By Mayor Peterson: Seconded by Commissioner Dotson WHEREAS, bids were received for the yearly sidewalk program 2005 on April 27, 2005, and WHEREAS, the project includes reconstruction of sidewalk on W. Court Street, Washington Street and other locations throughout the city and reconstruction of handicapped ramps, now therefore be it RESOLVED, That the Board of Public Works hereby awards the yearly sidewalk program 2005 to Ottenschot Construction Co., Inc. of 12 Prospect Street, Homer, NY 13077 for their low bid of $258,730.00 and be it further RESOLVED, That the Board authorizes the Superintendent of Public Works to enter into an agreement with Ottenschot Construction Co., Inc. with the usual terms and conditions. Ayes (5) Peterson, Schlather, Romanoff, Dotson, Chapman Nays (1) Jenkins Abstentions (0) Carried Regular Items for Board Discussion 4. Bridge Engineer’s Position Superintendent Gray stated that the Bridge Engineer position has been vacant since January 2005. The City contracted with Mr. Hernando Gil for the bridge work on the Thurston Avenue & South Aurora Street bridge contracts. Mr. Gil is in daily contact with all consultants and staff, and projects are moving forward. Mr. Gil is working from a remote location and is overseeing the projects via e-mail and telephone. Superintendent Gray would like to extend the contract with Mr. Gil for a year so that he could focus on filling the traffic engineer position. 5. Traffic Engineer’s Position Superintendent Gray stated that they had several applicants for the Traffic Engineer position, but that several candidates withdrew after they got deeper into the job description and salary. He reported that an internal candidate has expressed interest in the position. This candidate has good skills and an interest in traffic calming. The level of technical expertise needs to be developed because of the nature of the job, however the candidate is a fast study and is interested in getting the education needed for the Board of Public Works – May 18, 2005 - Page 5 5 position in order to gain the knowledge needed for the job. Asst. City Engineer West explained what other changes would be needed in order to hire the internal candidate for the position, including creating an additional position titled Engineering Technician to assist in the day-to-day traffic coverage. The person being considered for the Engineering Technician position is also an internal candidate. Discussion followed on the floor regarding skills that the Board would like to see in the traffic engineer, including knowledge of current ADA regulations and Uniform Traffic regulations. Further discussion followed regarding the process that needs to be followed in order to fill these positions. 6. Sidewalk Installation – 300 block Elmira Road Asst. City Engineer West addressed the Board regarding the sidewalk improvements that staff is recommending for the 300 block Elmira Road. He requested that the Board work with him and Deputy Planning Director Cornish to develop a proposal for the work so that a contract can be awarded for this work by late summer 2005. Commissioners Romanoff and Chapman volunteered to participate in the development of a recommendation for the Board. 7. Proposed Janis Avery Memorial Garden Pamela Gibson, former co-worker of Mrs. Janis Avery, addressed the Board to explain that she, and other co-workers would like to build a memorial garden at the site of Mrs. Avery’s tragic accident. They are proposing a raised bed planter for the garden because the soil in that area is poor. They would plant flowers this Spring, and then plant bulbs in the Fall for future displays. They have also obtained permission from the Salvation Army for an alternate site that would be between the sidewalk and the Salvation Army parking lot, but it would be their second choice. They prefer to have the garden around the tree in the tree lawn, closer to where the accident occurred. Discussion followed on the floor regarding the pros and cons of a raised bed planter, as well as how the tree that is currently at the site would grow and probably overtake any plantings near it. Commissioner Romanoff stated that she thinks this idea is wonderful, however, she is concerned about the site being safe to tend a garden. She proposed an ornamental enclosure made out of cast iron that would come in sections to be used instead of a raised wooden planter around the tree. It would have a more formal look and is not that expensive. She offered to share a catalog that she had brought that contained information on this type of ornamental enclosure. She further suggested that the City consider planting memorial trees with the permission of the Parks Commission, in various city parks. Further discussion followed on the floor about how the city could provide good soil for the garden so that a raised bed would not be needed. The city forester could assist Mrs. Avery’s former co-workers with this endeavor to plant a memorial garden. The Board also felt that the location was very important and that the City should work with Ms. Gibson and her co-workers to accomplish their request. The Board supports this request and instructed Ms. Gibson to contact Superintendent Gray to work out the details. Mayor Peterson left the meeting at 6:45 p.m. Addition to Wording on the Agenda Form The Board approved the following additional wording proposed for their meeting agenda and would like to see it used on a trial basis: “The Board of Public Works meets on the first three Wednesdays of the month at 4:45 p.m. The first and third meetings are committee meetings with agendas created from prior public input or Department operating and planning issues. The second meeting is the Board’s voting meeting which opens with a public comment period. The Board reserves the right to limit verbal comments to three minutes and to request written Board of Public Works – May 18, 2005 - Page 6 6 comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to address the committee.” NEW BUSINESS: Commissioner Chapman expressed his thanks to the mowing crew for the great job they are doing mowing the city parks, and asked that Asst. Supt. Ferrel share that message. Asst. Supt. Ferrel reported that the hump near 513-515 West Green Street is caused by the concrete expanding in the sub-layer and would need to be milled in order to repair it. Commissioner Schlather asked that the following item be placed on the next agenda for discussion: Shopping Cart problem on the West End/West Hill part of the City. He would like the Board to come up with a solution/incentive that would encourage people to return their carts to the appropriate store and/or incentives for stores to retrieve the carts when they are discarded. ADJOURNMENT: On a motion the meeting adjourned at 6:55 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor