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HomeMy WebLinkAboutMN-BPW-2007-06-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 4:15 p.m. June 27, 2007 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Dotson, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman City Controller - Thayer Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Coles Deputy Director of Planning and Development – Cornish Executive Assistant – Grunder EXCUSED: Commissioner Chapman COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Guy Gerard, City of Ithaca, addressed the Board to encourage them to thoroughly review the proposed contract amendment for the City’s water supply project. John Bentkowski, Real Estate Appraiser and City of Ithaca resident who lives near the current water plant, addressed the Board to encourage them to support the option to purchase water from Bolton Point. Joe Daley, City of Ithaca, addressed the Board regarding three recent water bills he received that were due before he received the bill. He requested that the Board consider waiving the late fees since he received them after the due date. CONTRACT AMENDMENT – WATER SUPPLY PROJECT: Mayor Peterson explained that the City Attorney distributed a revised resolution with a number of whereas clauses to indicate the history and processes that have taken place thus far as a formal record. The Board took a few minutes to read the new resolution before discussing it. Commissioner Schlather stated that he would like to move the new resolution although he has some changes which he hopes will be considered “friendly” by both the City Attorney and whoever agrees to second it. Proposed Addendum (III) to O’Brien & Gere Contract - Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, the City of Ithaca intends either to upgrade or to replace its municipal water supply system, and WHEREAS, in pursuit of that objective, the City, in 1996, issued a Request for Proposals for a “comprehensive water system evaluation,” intended to “focus on studying, recommending, designing and managing initial construction improvements principally to serve the City of Ithaca and its surrounding customer needs for the next 50 years,” and WHEREAS, following the submission of proposals, the City selected O’Brien & Gere Engineers for this work and entered into an initial contract with O’Brien & Gere, for $140,000.00, with the work identified in the contract to be completed within a year, which deadline thereafter was extended from time to time upon mutual agreement of the parties as set forth below, and WHEREAS, in 1999, as part of its adopted City budget for 2000, Common Council established a capital project for the water source project (CP #510), in the amount of $6,000,000.00, of which approximately $5,500,000.00 remains unspent, and 2 June 27, 2007 WHEREAS, over the course of the next several years, the focus of the study shifted and the long-range objectives of the effort were not completed within the timeframe initially anticipated, and WHEREAS, by 2005, a refocused effort to achieve the project’s long-range objectives was underway, and the options to be researched were narrowed to two (rebuild the City system, using Six Mile Creek as its source, or purchase water from the intermunicipal Bolton Point system, which uses Cayuga Lake as its source), and WHEREAS, in October 2005, the City approved (and subsequently executed) a new contract with O’Brien & Gere, for the evaluation of these two options, and for full environmental review of a preferred option, for an initial amount up to $119,600.00 (with any expenditures above $49,600.00 requiring additional authorization by the Board of Public Works and the Mayor), to be funded out of CP #510, and WHEREAS, in the course of the evaluation process facilitated by O’Brien & Gere, the City by joint action of Common Council and the Board of Public Works subsequently determined that it wished to progress both options through the environmental review stage, rather than to designate a single, preferred alternative for that purpose, and WHEREAS, the Board of Public Works, acting as lead agency for the environmental review of this project (i.e., both options), has determined that an Environmental Impact Statement (EIS) is required, and that scoping should be conducted prior to the commencement of the EIS, and WHEREAS, in April 2007, the Board approved an Addendum (II) to the contract with O’Brien & Gere, for a seasonal species survey, for an amount not to exceed $51,500.00 (which amount is in addition to the initial $49,600.00 authorized in the 2006 contract, but part of the full contract amount of $119,600.00), and WHEREAS, with the help of O’Brien & Gere Engineers, Deputy Director of Planning and Development, JoAnn Cornish, and Superintendent of Public Works Bill Gray, the Board has completed a significant effort to produce a Full Environmental Assessment Form and a draft scoping document for review by the public and other involved agencies, which effort has essentially exhausted the authorized monies available under the 2006 O’Brien & Gere contract (i.e., $101,100.00), and WHEREAS, the Board has reviewed a three-page cost estimate prepared by O’Brien & Gere (“Ithaca Water Supply Project - Cost Estimate for State Environmental Quality Review Act Compliance”) for services that may be necessary to complete the environmental review as now envisioned, including scoping and preparation of an EIS for both options being considered, which estimate is for $507,100.00, plus a 20% contingency amount, which together totals approximately $600,000.00, and WHEREAS, the Board has also received and reviewed a letter from O’Brien & Gere, dated May 9, 2007, which further describes and explains the additional services O’Brien & Gere proposes to provide pursuant to a new Addendum to its 2006 contract, and WHEREAS, the Board accepts the $600,000.00 estimate of the cost of additional, necessary services, as reasonable for planning purposes, pending completion of a final scope for the environmental review, and WHEREAS, after full consideration of all issues, the Board recognizes the need to complete the environmental review in a timely manner, to conduct concurrent educational meetings for Common Council and the Board, on the wider range of factors that will form the basis for a decision on this issue (e.g., including economics, reliability, source water quality, governance, etc.) and to put the City in a position to make a final decision and then to upgrade or replace the City’s water supply, as soon as is feasible, so as to achieve the most timely compliance with new federal standards scheduled to take effect over the next several years, now therefore be it 3 June 27, 2007 RESOLVED, That the Superintendent, in consultation with the City Attorney, is authorized to negotiate an Addendum (III) to the current contract with O’Brien & Gere, based on the tasks described in the May 9, 2007, letter and on the O’Brien & Gere cost estimate referenced above, for additional professional services required to complete the scoping process and the environmental review as now envisioned, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to sign such an Addendum, for an amount not to exceed $600,000.00 (beyond the currently- authorized sum of $101,000.00), and be it further RESOLVED, That the Board agrees to consider further addenda, once the full scope of the EIS has been adopted and initial education/discussion meetings have been held, thus providing the Board with better information on which to base future decisions. City Attorney Hoffman stated that he has not been given any documentation regarding any extension of the 1996 contract with O’Brien & Gere. Commissioner Schlather stated that based on statements that have been made by staff in many discussions over the past two years plus that he has been working on this, it was his understanding that that was the case. That it was done upon mutual agreement of the parties. It may not have been in writing, but unless something is expressly stated as time is of the essence it can be extended or waived and the actions of the parties in continuing to use the services and to rely on the services over time clearly established that. Superintendent Gray stated that we have the 1996 draft report, the 1999 update to that report, and that figures in that report have been updated at least three times since then. He further stated that he does not know if a final draft of the report was ever done because it kept getting modified. He stated that the City kept extending the one-year deadline because it never agreed on the terms on which the cost estimates were made and kept continuously asking for updates. City Attorney Hoffman stated that he can not verify this. He further stated that he would urge the Board to be careful not to go beyond what is known. He stated that it does sound like additional work occurred beyond one year. He further noted that he is not comfortable with inserting the word “full” before environmental review in the 7th Whereas clause. He further stated that he had a concern in the same whereas clause regarding the addition of the word “initial” because the 2005 contract does not use that term. Commissioner Schlather stated that the 1996 contract clearly states “unless extended by mutual agreement, it shall be completed within one year”. What he is suggesting here is the fact that they continued to do the work after the one year period, the City continued to pay for it, and to ask for it which suggests to him that in fact it was extended. It was through mutual agreement which can be either in writing or by action of the parties. Mayor Peterson responded to comments made from Mr. Bentkowski about the amount of money being spent as well taken. She stated that this is a process with two alternatives which makes it more costly. This is a significant project that should last fifty to one hundred years and environmental review is required by State law and there are different steps that must be followed with that review. Discussion followed on the floor regarding the scope of services that would be provided by O’Brien & Gere with questions arising regarding the completion of an EAF plus versus an EIS. Extensive discussion followed on the floor regarding the uses of the word “all” or “full” in the 7th Whereas clause. Commissioner Schlather suggested the wording “and for all necessary environmental review of a preferred option” in the 7th Whereas clause and the City Attorney supported that wording. 4 June 27, 2007 Mayor Peterson asked Commissioner Schlather to move that wording change as an amendment to the resolution. Amending Resolution: By Commissioner Schlather: Seconded by RESOLVED, That the 7th Whereas Clause be amended to read as follows: “WHEREAS, in October 2005, the City approved (and subsequently executed) a new contract with O’Brien & Gere, for the evaluation of these two options, and for all necessary environmental review of a preferred option, for an initial amount up to $119,600.00 (with any expenditures above $49,600.00 requiring additional authorization by the Board of Public Works and the Mayor), to be funded out of CP #510, and” Mayor Peterson stated that she wanted to acknowledge Guy Gerard’s remarks about the process and the timeliness of the process. She feels that the environmental process needs to continue as the Board and this Administration have been working on it for over two years. This amending resolution apparently was never seconded and or voted on (separately). Commissioner Schlather indicated that he considered it to be a “friendly” amendment; however the Mayor requested specifically that he move it as an amendment, which he did. The following vote was the only one taken on this matter, and, under the circumstances, it is presumed to represent a vote on the main motion, as amended by Commissioner Schlather’s amending resolution. Carried Unanimously (6-0) Reconvening of the Public Hearing on 100 Block of North Aurora Street Resolution to Open Public Hearing: By Commissioner Tripp: Seconded by Commissioner Jenkins RESOLVED, That the public hearing on the 100 Block of North Aurora Street Improvements be declared open. Carried Unanimously Joseph Daley, City of Ithaca, addressed the Board regarding the property owner portion of the cost of the project and urged them not to pass the cost onto property owners. Mayor Peterson responded that the City Administration Committee would be discussing this item at their meeting this evening and that there is a capital project that needs to be reviewed by Common Council and approved. Sidewalk assessments do then come back to the Board of Public Works to be levied after the project is completed. The sidewalk assessment would be sent to the property owners with opportunity to appeal to this Board. Fay Gougakis, City of Ithaca, addressed the Board to thank them for putting bicycle only signage in the Seneca Street garage. She stated that she was not for or against this project but feels there should be a traffic study done before any work takes place. Extensive discussion followed on the floor regarding the amount of money that would actually be dedicated to this project including money redirected from the Water and Sewer budget, and what cost savings in the use of asphalt might be realized. Resolution to Close the Public Hearing: By Commissioner Dotson: Seconded by Commissioner Tripp RESOLVED That the public hearing on the 100 Block of North Aurora Street Improvements be declared closed. Carried Unanimously 5 June 27, 2007 Martin Luther King, Jr. Memorial – Discussion Mayor Peterson explained that Mike Hall, who was the facilitator for the Martin Luther King Designation Committee, presented the committee’s vision to this Board that included a Reverend Martin Luther King Freedom Walkway and the dual name designation of State Street. She further stated that when a vision is provided from a lay work group the governing body accepts/receives endorses/supports/acknowledges it so that the vision group that has been working on it will feel closure that this has been handed over to another body to continue work on implementing their recommendations. The Board expressed their thanks, support, and appreciation to the Martin Luther King Designation Committee for their hard work. Endorsement of the Recommendations from the Martin Luther King Designation Committee - Resolution: By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Board of Public Works gratefully receives the vision of the Martin Luther King Designation Committee, and endorses its critical points, and be it further RESOLVED, That the Board of Public Works will work with staff and the interested third parties to implement this proposal immediately, and be it further RESOLVED, That an implementation committee be formed of appropriate members in the community to move this forward as quickly as possible with this proposal. Discussion followed on the floor regarding some of the tasks that the implementation committee would need to work on and who should serve on the committee. A Vote on the Resolution resulted as follows: Carried Unanimously Carry In – Carry Out Policy for Dog Park – Discussion Deputy Director of Planning and Development Cornish joined the Board for this discussion. Superintendent Gray explained that the City has had a long-standing carry in-carry out policy, which started in city parks in the late 1980’s when the state adopted regulations requiring a monetary charge for trash disposal in order to encourage recycling and discourage trash generation. The consequences included large amounts of household trash delivered to parks and the subsequent removal of trash receptacles. The Parks Commission is recommending that this policy in the dog park not be reversed. Deputy Director of Planning and Development Cornish stated that Jim Dalterio who is the Director of Cass Park and who sits on the Parks Commission as a liaison, brought this to the Parks Commission’s attention. She happens to staff the Parks Commission meeting, and Alderperson Mary Tomlan is the Common Council liaison to the Parks Commission. She further stated that Mr. Dalterio brought this to the Parks Commission’s attention the problem with the amount of dog waste that is generated on a daily basis, and the amount of money the City is spending both in staff time and in dumping fees. There is also the issue of the health of our city staff members who have to handle this because there are many bacteria in dog waste that is transmitted to humans, and can make humans very sick. The Parks Commission voted unanimously that the off leash dog park be carry-in/carry-out only. Asst. Supt. Ferrel stated that Wegmans provides plastic bags and the City purchases biodegradable bags for the Waterfront Trail. Deputy Director of Planning and Development Cornish stated that in all other parks there is a carry-in/carry-out policy and the trash in those parks is a lot less offensive than here. She noted that throughout the City of Ithaca there is a law that you must pick up after your dog as well. The Parks Commission would recommend that this law be enforced on the festival lands and that violators be fined. 6 June 27, 2007 Extensive discussion followed on the floor regarding what is currently taking place with disposal of dog waste at the off leash dog park, the cost of biodegradable bags, possible composting of the waste, and recommendations from the Parks Commission. Alderperson Coles reminded the Board that TC Dog is comprised of county residents, with some of them being from outside of the county, and the City is the only municipality that has been petitioned to provide a dog park. She noted that City staff from the Department of Public Works, the Planning Department, and the Police Department have put many hours into this issue. The City is the only municipality that has paid for this dog park, even though it is used by people who live outside the city and the county. She further reminded the Board of the costs for environmental impact studies for the three possible locations is approximately $50,000.00. She asked the Board to remember these costs as well as the staff time involved when suggestions are being made about what is needed at the dog park. Support of Carry-In/Carry-Out Policy in the Temporary Off-Leash Dog Park - Resolution By Commissioner Tripp: Seconded by Commission Dotson WHEREAS, the dog waste is becoming a problem at the temporary off-leash dog park, and WHEREAS, a lot of City resources have been used to deal with it, and WHEREAS, other City parks have a carry-in/carry-out policy, now therefore be it RESOLVED, That the Board of Public Works requests that the same be true of this temporary off-leash dog park and directs staff to remove the cans, and install signage indicating that people should carry out any dog waste deposited during their visits at the park. Carried Unanimously Proposed Mural for Handball Wall Superintendent Gray explained that the Parks Commission wants to work with the Public Arts Commission on a mural project on the handball wall at the skate ball park and would like to take the lead in it. He further stated that as long as the Board of Public Works is comfortable with that this is the perfect opportunity to let them do that. Discussion followed on the floor regarding the artist and his work, recommendations from the Parks Commission, and what, if any, impact the mural drawing might have on players’ visibility at dusk. Mayor Peterson asked if the Board had any objections for the Parks Commission working with the Public Art Commission on this. No Board member objected to this request. Golf Course Improvements: Mayor Peterson stated that she had an e-mail from Rick Manning who applied for and received a grant to work on the golf course. His plan includes some green methodology for the golf course and use of reclaimed water. Barry Jordan, who is the golf architect, would like to begin work this summer on this project, and it is important to form an oversight committee before that work begins. She further stated that there is a suggested list of people who should serve on the oversight committee and one is Steve Torrant, the City’s golf pro at the Newman Golf Course. She asked Superintendent Gray and Asst. Supt. Ferrel if they would approve that appointment since Mr. Torrant is an employee; neither of them or the Board had any objections to this appointment. She further noted that there should also be a Board of Public Works representative on the oversight committee as well. Commissioners Tripp and Dotson recommended Commissioner Chapman to serve on this committee since he has an interest in the golf course. 7 June 27, 2007 The Board had no objection to that. Mayor Peterson noted, for the Board’s information, some of the other members of the committee will include Ed Mazza, who is a golfer, representatives from Friends of Newman, the Parks Commission, Tompkins County Chamber of Commerce Board, the Cornell Horticulture department, Cornell Plantations, Natural Areas Commission, the Golf Committee, and some other possible users of the facility. ADJOURNMENT On a motion the meeting adjourned. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor