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
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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
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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.
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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
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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.
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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.
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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