HomeMy WebLinkAboutMN-BPW-2009-02-11BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. February 11, 2009
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, 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 – Zumoff
DAC Liaison – Roberts
Information Management Specialist - Myers
City Chamberlain – Parsons
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the June 20, 2007, June 27, 2007, and January 14, 2009
Board of Public Works Meeting- Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the minutes of the June 20, 2007 Board of Public Works Meeting be
approved, and be it further
RESOLVED, That the Minutes of the June 27, 2007 Board of Public Works Meeting be
approved, and be it further
RESOLVED, That the Minutes of the January 14, 2009 Board of Public Works Meeting
be approved.
Commissioner Schlather stated that he had made a note about the June 20, 2007
minutes but did not have it with him, that he had a question about an amending
resolution in the June 27, 2007 minutes, and that he questioned the order of business
that the minutes reflected for the January 14, 2009 meeting.
Discussion followed on the floor regarding Commissioner Schlather’s specific concerns
after which he withdrew his motion with approval by Commissioner Tripp.
The January 21, 2009 Board of Public Works Committee of the Whole meeting minutes
were given to the Board at the meeting for their review and approval.
Power to Act – Approval of the June 20, 2007, June 27, 2007, and January 14,
2009, and January 21, 2009 Board of Public Works Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on approval of the minutes of the
June 20, 2007, June 27, 2007, January 14, 2009, and January 21, 2009 Board of Public
Works meetings.
Carried Unanimously
Approval of the December 3, 2008 Board of Public Works Committee of the Whole
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the minutes of the December 3, 2008 Board of Public Works
Committee of the Whole meeting be approved with noted corrections.
Carried Unanimously
Board of Public Works – February 11, 2009- Page 2
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of the following items to the agenda:
Item 7.1 Power to Act – 114 Spencer Street Encroachment Request - Resolution
Item 7.2 – Revision of City Code Chapter 170 (Use of City Land) – Resolution
Item 7.3 – Power to Act – RFP for Professional Services for City of Ithaca Ice Rink
Renovations – Resolution
Item 11.3 – Power to Act – Request for Proposals for City Dam Engineering
Assessments – Resolution
Item 11.4 – Power to Act – Award of Bid for Pipe and Appurtenances – Resolution
Report from O’Brien & Gere: Status of Draft Environmental Impact Statement
No Board member objected.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Terry Waring, Town of Ithaca and Owner of Green Tree Nursery, addressed the Board
to appeal bills they had received for snow removal services by the City of Ithaca at 308
Elmira Road.
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Power to Act – 114 Spencer Street Encroachment Request – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
RESOLVED, That the Board of Public Works grant themselves Power to Act on the 114
Spencer Street Encroachment Request at the February 18, 2009 Committee of the
Whole Meeting.
Carried Unanimously
Report from O’Brien & Gere – Water Supply:
Steve Eckler and Rick Gell from O’Brien & Gere addressed the Board to report that 256
comments had been received regarding the Draft Environmental Impact Statement.
They explained how those comments were incorporated and cataloged for the Final
Environmental Impact Statement. Mr. Eckler stated that they hoped to finish that work
by the end of February. He then stated that they would like to schedule three topic
specific meetings with the Board in March to work on the notice of completion and draft
findings in order to provide recommendations to Common Council.
Discussion followed on the floor regarding how comments were categorized and
responded to and the guidelines from the State that O’Brien & Gere need to follow in
responding to those comments. Further discussion followed on the floor regarding what
the topic specific meetings would involve. Commissioner Schlather reminded the Board
of their responsibility to make the most informed decision as possible keeping in mind
what is in the best interests for the City as per their charge from the City Charter.
Proposed Revision of City Code Chapter 170 (“Use of City Land”) - Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, the City of Ithaca’s rules and practices regarding the use of City land by
others are in need of updating and consolidation; and
WHEREAS, the Mayor established a special committee, including representatives of the
Department of Public Works and the Board of Public Works, and others, to study this
issue; and
WHEREAS, the committee met for over a year and produced a proposed revision of
Chapter 170 of the City Code (now entitled “Encroachments”), which version was dated
12/11/08; and
WHEREAS, the Board has reviewed and considered this proposal, and suggested
several modifications which will be incorporated into the proposed ordinance before it is
presented to Common Council; now therefore be it
Board of Public Works – February 11, 2009- Page 3
RESOLVED, That the Board of Public Works hereby endorses the proposed revision of
Chapter 170, including the modifications approved on this date, and recommends
Common Council adoption of the same.
Mayor Peterson explained the memo distributed to the Board from the City Attorney
regarding the proposed changes. She stated that she hoped the Board would make a
decision on this so that it could go to the Common Council Legislative Committee on
February 23rd, and then onto Common Council for their consideration in March.
City Attorney Hoffman provided the following proposed changes, based on the Board’s
discussion on February 4, 2009:
1. Add a definition of “mobile vending.”
2. Add a definition of “sunscreen.”
3. Add an exemption from the use or application fee for any public use of space on
the Commons by the Downtown Ithaca Alliance (e.g., tables and chairs,
information booths).
4. Include the option of a reduced “trial period” fee (for the first month of use?) for
new mobile vending carts.
5. In Section 170-7(I), change reference to “(see Section 170-7(L), below).”
Commissioner Wykstra stated that he did not think the Board had agreed on item #4.
City Attorney Hoffman responded that he had a question mark by that item as he was
putting this information together and was not sure whether to include it or not.
Amending Resolution:
By Commissioner Wykstra: Seconded by Commissioner Tripp
RESOLVED, That item #4 from above be removed from inclusion in the proposed
revisions to Chapter 170 of the City of Ithaca Municipal Code entitled “Use of City
Land”.
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
Commissioner Schlather expressed his thanks and appreciation to City Attorney
Hoffman for all of his work on this very complicated issue. Other Board members
expressed their thanks and appreciation as well.
Power to Act – Request for Proposals for Professional Services for the City of
Ithaca Ice Rink Renovations - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on the Request for Proposals for
Professional Services for the City of Ithaca Ice Rink Renovations – Resolution.
Carried Unanimously
Power to Act – Salt Spreader Bid Award – Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the Salt Spreader Bid Award at
the February 18, 2009 Committee of the Whole Meeting.
Carried Unanimously
City Chamberlain Parsons joined the Board for the discussion of the next two items.
She explained in detail the appeals, the difference between actual meter readings,
outside estimated meter readings and adjustments that have been made to account for
the change in rates. She requested direction from the Board as to how far back her
office should bill property owners.
Discussion followed on the floor regarding statute of limitations in these types of bills,
how credits were given, when credits were given, minimum charges set by code and
why some meters had not been read for many years.
Board of Public Works – February 11, 2009- Page 4
Commissioner Tripp has been meeting with staff concerning these bills and she
explained that a lot of the discrepancies are the result of the recent meter replacements,
billing errors, or meter reading inaccuracies. She feels that billing retroactively because
of the City’s errors is not a good business practice. She further stated that the amount of
time and effort put forth by staff and property owners on this cannot be regained by
billing property owners. She requested that the Board not pursue recovery of these lost
charges.
Power to Act - Water Meter Change-out and Subsequent Billing – Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the Water Meter Change Out
and Subsequent Billing issue at either their February 18, 2009 or March 4, 2009
Committee of the Whole meetings.
Carried Unanimously
Power to Act - Water Bill Appeal for 118-138 Prospect Street – Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the Water Bill Appeal for 118-
138 Prospect Street at either their February 18, 2009 or March 4, 2009 Committee of
the Whole meetings.
Carried Unanimously
Power to Act – Award of Bid for Pipe and Appurtenances – Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the Award of Bid for Pipe and
Appurtenances at either their February 18, 2009 or March 4, 2009 Committee of the
Whole meetings.
Carried Unanimously
Administration and Communications
The following Common Council Members joined the Board to discuss the City’s
proposed economic stimulus projects: Alderpersons Coles, Dotson, Clairborne, Rosario,
Tomlan, Zumoff, Schuler, Myrick. The following staff members also joined the Board for
this discussion: City Controller Thayer, Economic Development Director DeSarno,
Community Development Director Bohn.
Economic Stimulus Package/Possible Resolution:
Mayor Peterson explained that she wanted the Board of Public Works and Common
Council to meet together to discuss proposed projects for inclusion on the City’s list of
projects for the economic stimulus package. She stated that the City needs to submit a
list by Friday, February 13, 2009 to at least the Governor and State officials. She further
explained that Tompkins County had asked for all municipalities to submit their lists to
them by February 9th so they could compile a complete list for submission to the State
and the City was unable to do that. She explained that projects should be separated into
categories of 30 day, 90 day, 120 day, and 24 month start dates. There were several
lists of projects distributed from various departments that were reviewed and discussed.
She stated that the goal is to create one master list with the project, a one line narrative,
start date, and estimated cost. Extensive discussion followed on the floor regarding how
to categorize projects, whether they should be grouped as to how soon they could be
started, how to prioritize them, and how the funding would be distributed. Some projects
discussed included: work on the existing water plant, transportation improvement
projects, mill and pave projects, Cayuga Waterfront Trail phases, green projects, energy
efficiency projects, GIAC renovations including rehab of teen center and kiddie pool, the
headstart program, youth employment programs, after school care programs,
recommendations from the MLK Committee for the Freedom Walkway, non-
infrastructure work program assistance projects that would utilize the talents of the
underemployed population that would benefit the community such as sidewalk projects
throughout the city, and would also put money back into community by those able to be
employed, ADA accessibility projects, bridge projects, and housing projects.
Mayor Peterson stated that she would be working with staff on Friday to put a list
together that could be submitted for inclusion with the proposed economic stimulus
package.
Board of Public Works – February 11, 2009- Page 5
ADJOURNMENT
On a motion the meeting adjourned at 7:30 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor