HomeMy WebLinkAboutMN-BPW-2008-03-12Board of Public Works Regular Meeting March 12, 2008, Page 1
BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:55 p.m. March 12, 2008
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
DAC Liaison – Roberts
Executive Assistant – Myers
Traffic Systems Engineer – Logue
Pledge of Allegiance:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
Approval of Minutes:
By Commissioner Schlather; Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the January 3, 2007 Board of Public Works Committee of
the Whole Meeting Minutes, January 10, 2007 Board of Public Works Voting Meeting
Minutes, February 21, 2007 Board of Public Works Voting Meeting Minutes, February 20,
2008 Board of Public Works Committee of the Whole Meeting Minutes, February 6, 2008
Board of Public Works Committee of the Whole Meeting Minutes, and February 13, 2008
Board of Public Works Voting Meeting Minutes be approved as published.
Carried Unanimously
Additions or Deletions to Agenda
Supt. Gray requested that the following action items be added to the agenda: Sludge
Hauling Bids Rejection, Handicapped Bus Bid Rejection, and Special Event Parking Fees.
Commissioner Jenkins Arrived at 5:00 pm.
Mayor’s Communications
Mayor Peterson reported that the Green Garage is partially open with 300 parking
spaces available to the public.
Communications and hearings from persons before the Board
Marty Blodgett, 549 Spencer Road, City of Ithaca, addressed the Board regarding the traffic
triangle on Spencer Road stating that he would like to see a more permanent installation
that would allow for plantings.
John Humphries, 554 Spencer Road, City of Ithaca, addressed the Board regarding the
traffic triangle on Spencer Road stating that he would also like to see a more permanent
installation that would allow for plantings.
Martin Hatch, 696 Snyder Hill Rd., Town of Ithaca, addressed the Board regarding the
potential transfer of University Avenue to Cornell University. He stated that he is concerned
about the lack of information available to the public and to the City in making this decision.
Response to Public
The Board discussed their frustration with the holdup in improving the appearance of the
Spencer Road traffic triangle.
Supt. Gray stated that installation of a permanent triangle is more complicated than it looks
Board of Public Works Regular Meeting March 12, 2008, Page 2
and the Fire Department and the Police Department both need to be involved in the design
and construction of any permanent traffic-calming device in the area to insure that
emergency service needs can be met.
Staff agreed to work with concerned parties to develop a solution and present a
recommendation to the Board.
Commissioner Schlather expressed concern that documents were not made available to
the public online. He stated that the City needs to be transparent in making this decision.
Supt. Gray stated that documents were available for anyone who asked in hard copy
through his office and that not all documents are posted online.
Further discussion followed regarding the availability of documents online to the public.
Buildings, Properties, Refuse, and Transit
7.1 109 N. Cayuga Street Recycling Violation Appeal – Resolution
By Commissioner Tripp; Seconded by Commissioner Jenkins
WHEREAS, the City has issued several recycling violations for residential recycling from
apartments in 109 N. Cayuga Street left at the curb on the wrong weeks, which has been
protested by James Bilinski as building owner, and
WHEREAS, the Board has reviewed material provided by staff indicating that the violations
had been properly issued, and
WHEREAS, Mr. Bilinski appeared before the Board at their meeting March 5, 2008 to
explain that he contracts with Tompkins County for weekly pickup of material at 109 N.
Cayuga Street and has never separated the residential and commercial recycling from this
address, nor had this problem of rejected material before, now therefore be it
RESOLVED, That while the Board of Public Works believes staff followed the code
requirements and properly issued tickets for the violations and the resulting bills; the Board
is willing to expunge the outstanding recycling violations for 109 N. Cayuga Street through
to the date of this resolution with the understanding that;
1. Mr. Bilinski resolve the misunderstanding with the County concerning what he
is entitled to under his request for weekly pick up, and
2. Mr. Bilinski will conform to the requirements in City Code to remove material
from the curbside, which remains there following trash or recycling pick up, and
3. Mr. Bilinski will pay future violations notices properly issued in accordance with
City Code.
Carried Unanimously
7.2 Award of Bid for Ithaca Police Department Generator – Resolution
By Commissioner Tripp; Seconded by Commissioner Jenkins
WHEREAS, bids were received on March 4, 2008 for replacement of the emergency
generator at the Ithaca Police Department including general construction, plumbing
modifications and generator replacement and,
WHEREAS, the 2007 General Fund Budget included capital funds of $468,000 for
replacement or installation of generators at the Ithaca Police Department, City Hall and
Streets and Facilities Building and,
WHEREAS, McPherson Builders, Inc., 710 Willow Avenue, Ithaca, NY 14850-3215
submitted a bid for General Construction work of $13,999.00 and,
WHEREAS, Petcosky & Sons Plumbing & Heating, 421 Commerce Road, Vestal, NY
13850 submitted a bid for Plumbing work of $13,526 and,
WHEREAS, NELCORP Electrical, 2500 Watson Blvd., Endwell, NY 13760 submitted a bid
for Electrical work of $80,960.00, now therefore, be it,
Board of Public Works Regular Meeting March 12, 2008, Page 3
RESOLVED, The contract for General Construction work related to the Ithaca Police
Department Generator Replacement is awarded to McPherson Builders, Inc., 710 Willow
Avenue, Ithaca, NY for their low submitted bid of $13,999.00, and be it further,
RESOLVED, The contract for Plumbing work related to the Ithaca Police Department
Generator Replacement is awarded to Petcosky & Sons Plumbing & Heating, 421
Commerce Road, Vestal, NY for their low submitted bid of $13,526.00, and be it further,
RESOLVED, The contract for Electrical work related to the Ithaca Police Department
Generator Replacement is awarded to NELCORP Electrical, 2500 Watson Blvd., Endwell,
NY for their low submitted bid of $80,960.00, and be it further,
RESOLVED, That the Mayor be authorized to enter into and the Superintendent of Public
Works be authorized to administer these contracts.
Discussion followed regarding the funding available and if there would be enough funding
to complete all three projects.
Carried Unanimously
7.3 Award of Bid for Cass Park Locker Room Ventilation System Improvements -
Resolution
By Commissioner Schlather; Seconded by Commissioner Tripp
WHEREAS, bids were received on February 26, 2008 for improvements to the Heating,
Ventilation and Cooling (H.V.A.C.) systems of the locker rooms at Cass Park and,
WHEREAS, the 2006 General Fund Budget included capital funds of $37,000 for
improvements to the H.V.A.C. systems of the locker rooms at Cass Park and,
WHEREAS, Climate Control Technologies, 33 Brookside Avenue, Endwell, NY 13760
submitted a base bid for H.V.A.C. improvements of $29,299.00 and,
WHEREAS, Climate Control Technologies, 33 Brookside Avenue, Endwell, NY 13760
submitted a bid alternate – H-1 – inclusion of exhaust and make-up system option for an
addition of $8,989.00, now therefore, be it,
RESOLVED, The contract for Cass Park Locker Room Heating, Ventilation and Cooling
Improvements is awarded to Climate Control Technologies, 33 Brookside Avenue, Endwell,
NY for their low submitted base bid of $29,299.00, and be it further,
RESOLVED, That the Mayor be authorized to enter into and the Superintendent of Public
Works be authorized to administer this contract.
Carried Unanimously
7.4 Award of Bid for Turf Sprayer – Resolution
By Commissioner Wykstra; Seconded by Commissioner Tripp
WHEREAS, bids were received on March 5, 2008 for one 2003 model year or newer Self-
Propelled Turf Sprayer and
WHEREAS, staff has reviewed the bid and recommends that the Board of Public Works
awards the bid to S.V. Moffett Co., Inc. for their bid of
$14, 460.00 which meets all of our minimum specifications and is the only bid received for
this equipment, now, therefore, be it
RESOLVED, That the Board of Public Works hereby awards the bid of the Turf Sprayer to
S.V. Moffett Co., Inc; 33 Thruway Park Drive, West Henrietta, New York 14586-9794 for
their total bid of $14,460.00 with the understanding that the $460 over the budgeted
amount has already been covered by cost under runs in recent truck bids, and be it further
RESOLVED, That the Board of Public Works authorizes the Assistant Superintendent of
Public Works, Streets and Facilities Division to enter into contract with S.V. Moffett Co. Inc.
for the purchase of the Turf Sprayer.
Discussion followed regarding the need for the new turf sprayer and types of chemicals that
Board of Public Works Regular Meeting March 12, 2008, Page 4
it is used to spray on the golf course.
The Board was interested in looking into green products that could be used in place of the
chemicals traditionally used on the golf course.
Supt. Gray stated that the Friends of Newman Golf Course might have a great deal of
information on green treatments in the master plan that they are currently developing for
the golf course.
Commissioner Chapman stated that he would not be able to support the purchase of this
sprayer as it contributes to the pollution of our lake water.
Carried 5-1
Nays: Commissioner Chapman
Highways, Streets, and Sidewalks
8.1 ENDORSEMENT OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF ITHACA AND CORNELL UNIVERSITY REGARDING A PORTION OF UNIVERSITY
AVENUE – Resolution
By Commissioner Tripp; Seconded by Commissioner Jenkins
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to
lay out, establish, construct, maintain, operate, alter and discontinue streets;” and
WHEREAS, the Charter of the City of Ithaca (in Section C-71) grants to the City’s Board of
Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave,
curb, clean and sprinkle the streets, highways, bridges and crosswalks,” and (in Section C-
61), provides that the Board shall “have control” of the City department pertaining to
“Streets and Sidewalks” and its property, albeit “subject to the limitations herein contained
and the direction and review of the Common Council.”; and
WHEREAS, a certain public street or highway, known as University Avenue, is contained
within the boundaries of the City and runs, in part, through or past lands owned by Cornell
University; and
WHEREAS, representatives of the City and Cornell have been engaged in discussions from
time to time for many years without reaching a definitive conclusion about the nature and
extent of the public right-of-way over University Avenue, as well as the responsibility for
proper upkeep of the street (which is now in need of substantial reconstruction and
improvement); and
WHEREAS, as a means of resolving this situation, Cornell has offered to assume sole
responsibility for rebuilding that portion of University Avenue between the Thurston
Avenue/East Avenue/Forest Home Drive intersection and the intersection of University
Avenue with the westerly boundary line of Chi Psi Fraternity, to mutually acceptable
standards, and to keep the street open permanently, for use by the public, in exchange for
the City’s discontinuance of that portion of the street as a public street and conveyance of
its property interest therein to Cornell; and
WHEREAS, the parties acknowledge that it would be in the interest of the public health,
safety and welfare to resolve the parties’ on-going discussion about University Avenue, to
have the condition of the above-referenced portion of University Avenue improved, to have
a bicycle lane added to the upgraded portion of University Avenue where space permits,
and to facilitate the provision of certain other enhancements to the improved portion of
University Avenue; and
WHEREAS, it appears that the proposed discontinuance of a portion of University Avenue
as a City street, together with the proposed Agreement between the City and Cornell
University regarding the reconstruction of the street, its future maintenance, and the right of
the public to continue to use it, are matters that should properly require the review and
approval of both the Board of Public Works and the Common Council; now therefore be it
RESOLVED, That the Board of Public Works hereby endorses the proposed Memorandum
of Understanding between the City and Cornell, dated February 28, 2008, as a means of
Board of Public Works Regular Meeting March 12, 2008, Page 5
bringing a specific, proposed arrangement regarding a portion of University Avenue before
the public and for consideration and timely decision-making thereon by both the Board and
the Common Council.
Commissioner Tripp stated that she supports this resolution because it meets the needs of
the public and relieves an imminent financial burden from the City.
Discussion followed regarding the recreational river status and the border of the
recreational river.
Commissioner Schlather stated that the resolution opens the Memorandum of
understanding and the draft agreement up for scrutiny.
Mayor Peterson stated that the resolution only grants permission for the City to enter into
the process of exploring the option of discontinuing University Avenue and transferring it to
Cornell. She stated that this does not open up the draft agreement for scrutiny as it will be
developed and clearly address each issue as the City and Cornell undertake the process.
Further discussion followed regarding the details outlined in the draft MOU and the need for
transparency with the public throughout the process.
Mayor Peterson explained that passing this resolution would only be a step in the process
not anything more.
Shirley Egan, Counsel for Cornell University, stated that the current offer, that is very
basically outlined in the MOU, will not be on the table forever and the longer that it takes
the City to take action the more likely it will be that Cornell will withdraw the offer.
Call the Question
By Commissioner Tripp ; Seconded Commissioner Chapman
Failed 3-3
Ayes: Mayor Peterson
Commissioner Tripp
Commissioner Jenkins
Nays: Commissioner Schlather
Commission Wykstra
Commissioner Chapman
Motion to Table
By Commissioner Schlather; Seconded by Commissioner Tripp
RESOLVED, That action on the endorsement of a memorandum of understanding between
the City of Ithaca and Cornell University regarding a portion of University Avenue be tabled
until April 2, 2008, and be it further
RESOLVED, That the Board of Public Works grants itself power to act on the above item
on April 2, 2008.
Carried Unanimously
Award of Professional Services Contract for Cayuga Waterfront Trail Phase 3 &
Route 13 Crossings at Third and Dey Streets – Resolution
By Commissioner Tripp; Seconded by Commissioner Schlather
WHEREAS, professional services proposals were received on October 27, 2007 for Phase
3 of the Cayuga Waterfront Trail (CP 445, PIN 395024) and the Route 13 Pedestrian
Crossings at Third and Dey Streets (CP 718, PIN 395035), and
WHEREAS, staff has reviewed the three proposals received and made recommendations
for award, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the professional
Board of Public Works Regular Meeting March 12, 2008, Page 6
services contracts for Phase 3 of the Cayuga Waterfront Trail and the Route 13 Pedestrian
Crossings at Third and Dey Streets projects to Fisher Associates, PE, LS, PC of Clyde,
New York, for amounts not to exceed $196,000 and $173,000, respectively, and be it
further
RESOLVED, That the Mayor be authorized to enter into and the Superintendent of Public
Works be authorized administer this contract.
Carried Unanimously
Traffic Systems Engineer Logue stated that due to federal aid the total cost to the City for
the project is only 20% of the total project cost.
Parking and Traffic
200 Block of N. Aurora Street Handicapped Parking Space – Resolution
By Commissioner Schlather; Seconded by Commissioner Tripp
WHEREAS, the Board of Public Works has received a petition for a second on-street
handicapped parking space in the 200 block of North Aurora Street, and
WHEREAS, the Board of Public Works is interested in supporting the needs of a downtown
doctor’s office and this petition, and
WHEREAS, at the direction of the Board, the City Transportation Engineer has consulted
with the doctor’s office and they would prefer that both handicapped parking spaces be in
front of their building at 217 N. Aurora Street, now therefore be it
RESOLVED, that the Board of Public Works hereby approves the request for a second on-
street handicapped, metered parking space in the 200 block of North Aurora Street, and be
it further,
RESOLVED, that Schedule XXV, Handicapped Parking, of the City Vehicle and Traffic
Schedules be amended to state that two (2) metered parking spaces in front of 217 N.
Aurora Street (on the east side of the street) be designated as reserved metered parking
for persons with disabilities.
Carried Unanimously
Special Event Parking Fees - Resolution
By Commissioner Tripp; Seconded by Commissioner Wykstra
WHEREAS, Special events are very important to the City of Ithaca, its merchants and it’s
residents, and
WHEREAS, special events result in City overhead expenses and place significant demand
on city resources, and
WHEREAS, staff, the Controller, the Mayor and the Board have all recommended a Special
Events Parking Fee as one method to distribute the impact of the expenses over a broader
base, and
WHEREAS, staff met on March 7, 2008 and is recommending a special events parking fee
of $3 collected upon entry to any of the City’s parking garages for each day of special event
parking on those days and times during which normal parking fees are not collected, now
therefore be it
RESOLVED, That the Board implements a special events parking fee of $3 collected upon
entry to any of the City’s parking garages for each day of special event parking on those
days and times during which normal parking fees are not collected and directs staff to
create appropriate signage and operational adjustments to implement this program.
City Clerk Holcomb stated that the event organizers see this as a win-win solution to
cover the costs to the City caused by special events.
Board of Public Works Regular Meeting March 12, 2008, Page 7
Resolution to Amend
By Commissioner Schlather; Seconded by Commissioner Tripp
RESOLVED, That the following be added to the end of the final resolved clause of the
resolution: “and to designate a list of special events to be covered under this resolution”.
Carried Unanimously
Vote on the main resolution as amended
WHEREAS, Special events are very important to the City of Ithaca, its merchants and its
residents, and
WHEREAS, special events result in City overhead expenses and place significant demand
on city resources, and
WHEREAS, staff, the Controller, the Mayor and the Board have all recommended a Special
Events Parking Fee as one method to distribute the impact of the expenses over a broader
base, and
WHEREAS, staff met on March 7, 2008 and is recommending a special events parking fee
of $3 collected upon entry to any of the City’s parking garages for each day of special event
parking on those days and times during which normal parking fees are not collected, now
therefore be it
RESOLVED, That the Board implements a special events parking fee of $3 collected upon
entry to any of the City’s parking garages for each day of special event parking on those
days and times during which normal parking fees are not collected and directs staff to
create appropriate signage and operational adjustments to implement this program and to
designate a list of special events to be covered under this resolution.
Carried Unanimously
Water and Sewer
Resolution to Reject Bids for Sludge Hauling
By Commissioner Tripp; Seconded by Commissioner Wykstra
WHEREAS, bids were received on March 4, 2008 for Sludge Hauling and Disposal, for
the Ithaca Area Waste Water Treatment Plant, and
WHEREAS, the bids included a fuel adjustment factor that needs to be further clarified
for use in the five-year contract term, now therefore be it
RESOLVED, That the Board of Public Works hereby rejects the bids for sludge hauling
and disposal and directs staff to clarify the bid documents and re-bid the work.
Carried Unanimously
Handicapped Van Bid Rejection
By Commissioner Tripp; Seconded by Commissioner Wykstra
WHEREAS, the City opened bids on March 5 2008 for a handicapped van with wheel chair
lift, and
WHEREAS, the bids exceeded the budget figure of $42, 000 by between $8,000 and
$11,000, now therefore be it
RESOLVED, That the Board rejects any and all bids and will re-bid this item following a
review of alternatives.
Carried Unanimously
Neal Howard Water Penalty Appeal – Resolution
By Commissioner Tripp; Seconded by Commissioner Schlather
WHEREAS, the Board has reviewed Neal Howard’s request to reimburse four penalty
charges for late payment of bills, and
Board of Public Works Regular Meeting March 12, 2008, Page 8
WHEREAS, the Board recognizes that the penalties were properly assessed and that
the property owner is expressly responsible to pay the service bills and to search them
out if they are not received, and
WHEREAS, the Board accepts Mr. Howard’s long history of on time payment and his
explanation that he was unaware of the City’s new policy to issue multiple bills in one
envelope which reduced his chance to catch a missing utility bill, a bill that he states he
did not receive, now therefore be it
RESOLVED, That the Board of Public Works agrees to expunge the late charges paid
by Mr. Howard and directs the Chamberlain to return the amount of $104.31 with the
understanding that Mr. Howard is now on notice of the City’s new billing policy as well
as the property owners requirement to search out and pay the utility bill in any case
regardless of delivery.
Carried Unanimously
Johnson Controls Water Meter Performance Contract
By Commissioner Schlather; Seconded by Commissioner Tripp
RESOLVED, That the Board of Public Works grants itself power to act on the Johnson
Cotnrols Water Meter Performance Contract at the March 19, 2008 meeting and at the
April 2, 2008 meeting.
Carried Unanimously
Administration and Communications
RESOLVED, That the Board of Public Works grants itself power to act on the Uniform
Drug and Alcohol Testing Policy Amendment at the April 2, 2008 meeting.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 7:15 p.m.
Jessica Myers Carolyn K. Peterson
Executive Assistant Mayor