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
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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
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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
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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
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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
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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