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HomeMy WebLinkAboutMN-BPW-2009-02-18BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. February 18, 2009 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman 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 MAYOR’S COMMUNICATION: Mayor Peterson updated the Board on the work that has been taking place to get the project list ready for submission to the State for the Economic Stimulus Package since they last met on February 11, 2009 with Common Council. She and staff have put together a twenty-five page list of proposed projects that total $95 million dollars. She reported that she would be attending a NYCOM meeting on February 22 and 23, 2009. She is hoping they will provide information on what criteria the State will be using to categorize projects. That would assist the City in determining what projects are appropriate for submission. She noted the State is planning to restore CHIP funding (Consolidated Highway Improvement Program) in the amount of $100,000 to the City which will help fund road projects in the City. She stated that this is a work in progress and thanked the Board for their participation and noted that more information should be available at the end of the week. Commissioner Schlather requested an update on the Ithaca Motion Picture project at Stewart Park, and a discussion by the Board of the new security measures that have been implemented at City Hall. Discussion followed on the floor with Mayor Peterson and Superintendent Gray reporting on recent meetings with representatives of the Ithaca Motion Picture project and how the recent Stewart Park rehabilitation project being coordinated by Rick Manning would factor into this project as well. The Board requested that the Ithaca Motion Picture project be placed on their April 1, 2009 Committee of the Whole meeting agenda. Superintendent Gray stated that he would attempt to contact Rick Manning to see if he could do a presentation to the Board on the Stewart Park Rehabilitation Project at that meeting. Approval of the June 20, 2007 Board of Public Works Committee of the Whole Meeting Minutes – Resolution RESOLVED, That the Minutes of the June 20, 2007 Board of Public Works Committee of the Whole Meeting Minutes be approved Commissioner Schlather had suggested wording changes to the minutes and City Attorney Hoffman requested time to review those before moving the minutes for approval. The Board requested that these minutes be put on a future agenda for approval. Approval of the June 27, 2007 Board of Public Works Special Meeting Minutes – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Minutes of the June 27, 2007 Board of Public Works Special Meeting be approved with noted corrections. Carried Unanimously Committee of the Whole Page 2 February 18, 2009 Approval of the January 14, 2009 Board of Public Works Voting Meeting Minutes – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the January 14, 2009 Board of Public Works Voting Meeting be approved with noted corrections. Carried Unanimously Approval of the January 21, 2009 Committee of the Whole Minutes – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the January 21, 2009 Board of Public Works Committee of the Whole Meeting be approved with noted corrections. Carried Unanimously Request for Encroachment Agreement/License at 114 E. Spencer Street - Resolution WHEREAS, the owner of the property at 114 E. Spencer Street (Tax Map Parcel No. 92-2-1), in the City of Ithaca, namely, the Theron L. Johnson Trust, has requested permission to encroach upon the air space above the bed of Six Mile Creek, which creek bed property is immediately adjacent to the afore-mentioned property of the Johnson Trust; and WHEREAS, the afore-mentioned owner seeks to construct a single-level, uncovered, wooden deck (approximately 6-8 feet deep, 44 feet wide) on to the rear of the residential structure at 114 E. Spencer Street, which deck, according to a conceptual sketch submitted by the owner, would extend beyond the rear property line by approximately 5-7 feet at its southwesterly end, and by a diminishing amount for approximately one-half of its total length; and WHEREAS, the City of Ithaca has certain property rights in and to Six Mile Creek (between the privately-owned parcels on either side of the creek) at this location, which rights consist at the least of the right of entry, to do work, to remove gravel or other material, and to construct walls and embankments, without interference (pursuant to a grant from Robert H. Treman, et al, dated August 8, 1906, and recorded in the Office of the Tompkins County Clerk, in Book 166 of Deeds, at Page 163), and which rights may now, through adverse possession or otherwise through the operation of law, amount to fee ownership; and WHEREAS, the Superintendent has reviewed the request and does not anticipate any conflicts in the foreseeable future with the City’s need to exercise its rights in and to the creek in this vicinity, for public works purposes, should a revocable license to encroach for the requested purpose be granted; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to sign an encroachment agreement/license for the proposed deck at 114 East Spencer Street, revocable upon notice to the owner of _________, containing the usual terms and conditions (except as otherwise specified herein), and subject to the issuance of a building permit for the deck by the City of Ithaca Building Department; and be it further RESOLVED, That the encroachment license shall be subject to an application fee of $__________ and an initial, annual use fee of $__________, and that the license/agreement shall specify that during any year in the future it may become subject to a different use fee or other requirements as established by the Board, as the result of the adoption by the City of Ithaca of new legislation regarding encroachments and license agreements, which adoption is anticipated to occur in 2009. City Attorney Hoffman explained that he prepared this resolution so that the Board would have something for review and discussion. He explained that he was not sure what compensation amount to include and that it is not urgent for the Board to act upon it this month. Commissioner Schlather asked if this compensation would fall under the City’s proposed new legislation regarding “Use of City Land”? Committee of the Whole Page 3 February 18, 2009 City Attorney Hoffman responded that the City would need to have the property appraised under the new legislation and that past practice has been to not charge the property owner for this type of existing encroachment. Commissioner Tripp stated that she would not support this request as she sees no reason for the Board to grant it. This would benefit the owner and not the City. She further stated that the Board needs to consider carefully how encroachments affect city property and she would suggest the Board deny the request. Mayor Peterson asked if this request was not urgent whether it could wait until the new legislation is adopted by Common Council. City Attorney Hoffman responded that would be a policy/strategic decision because we don’t know how long it will take for that legislation to go through Common Council. If the new legislation were followed, the property would need to be appraised and currently the city does not have an appraiser. Mayer Peterson questioned whether the owner would have any recourse in this matter if the Board were to deny his request? City Attorney Hoffman responded that the owner would have no recourse if that happened. Commissioner Wykstra reminded the Board that it had led the owner to believe that they would render some sort of decision. He stated that the determination of the cost could wait, but that it is important to have this discussion and decide whether to move the resolution or not. Discussion followed on the floor regarding the proposal, how far it would encroach upon city property, how it would look, how many other properties are located next to the creek and how decks might affect the aesthetics of the natural area as well as how this might set a precedent for future requests. DAC Liaison Roberts requested that the Board consider keeping as much public access as possible in the natural areas within the city. After much discussion regarding effects of decks along creeks the Board requested that this request be reviewed by the Planning Board at their meeting next week. That way they would have input and recommendations from that board for this request that would help them make a decision on this case as well as any future requests. The Board requested that this item be placed on one of their future agendas, after input has been received from the Planning Board. Water Meter Change Change-Out & Subsequent Billing – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca has recently completed a change-out and testing program of all of its water meters which will allow fully automated meter reading for all businesses and households, and WHEREAS, the change out process uncovered a number of discrepancies between the inside water meter’s actual reading and the outside remote registers which resulted in bills being sent out using the actual meter reading, based on a long standing department policy of correcting billing when readings from the physical meter became available, and as and WHEREAS, the City has received 42 protested bills outlined in Debra Parsons memo dated February 6, 2009 distributed with the board’s agenda of February 11, 2009, from the approximately 5000 bills issued, corrected 22 of these bills based on billing or data entry errors, and presented the remaining 20 protests to the Board with the rationale used to create an adjusted bill (corrections for changing rates over time or adjustments for minimum water consumption already paid for), and WHEREAS, following a lengthy discussion concerning past policy, fairness issues associated with past accounts and current billing, responsibility for the correct (actual) meter reading versus the joint convenience of remote registers, and the concept of a statute of limitations which could be applied to close out any period of shared responsibility, and Committee of the Whole Page 4 February 18, 2009 WHEREAS, it is the Board’s understanding that remote registers were adopted for use with the City’s water meters as a convenience to both property owners and city staff because of the increasing difficulty in gaining access to inside meters as a result of lifestyle and cultural changes in the second half of the 20th century, thus creating the shared benefits and responsibilities, now therefore be it RESOLVED, That the Board directs staff to work with the Chamberlain’s Office to make a final adjustment to the protested bills by prorating the discrepancy between meter reading over the entire period between actual meter readings and then billing for only the last six years when that period is greater than six years. Extensive discussion followed on the floor regarding past practice with billing for discrepancies in actual versus remote meter readings, property owners’ responsibilities for payment of actual water used, giving property owners plenty of time to pay outstanding bills without interest or penalties, how the statute of limitations impacts some of the older bills, fairness issues, the issue of inside meters not being read at the time a property transfers ownership, the problems city staff have accessing inside meters, the difference between water bills and utility bills being that utility bills go with the owner whereas water bills go with the property, how to notify the public of how the city plans to resolve these issues, and the time limit in which property owners have in which to contact the city regarding discrepancies and payment schedules. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Brock RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That the Board directs staff to work with the Chamberlain’s Office to make a final adjustment to any outstanding protested bills by prorating the discrepancy between meter reading over the entire period between actual meter readings and then billing for only the last six years when that period is greater than six years. Any property owner may protest a bill that heretofore has been paid on the basis of the six year limitation threshold set forth herein provided that such protest is made no later than May 31, 2009.” Ayes (5) Schlather, Brock, Jenkins, Wykstra, Peterson Nays (1) Tripp Abstentions (0) Carried Main Motion As Amended: A Vote on the Main Motion as amended resulted as follows: Ayes (5) Schlather, Brock, Jenkins, Wykstra, Peterson Nays (1) Tripp Abstentions (0) Carried Mayor Peterson left the meeting at 6:35 p.m. and Vice Chair Jenkins led the rest of the meeting. Request for Proposals for Professional Services for City of Ithaca Ice Rink Renovations – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, professional services proposals were received on January 29, 2009 for Architectural/Engineering Services for Renovation of Cass Park Ice Rink (CP #733), and WHEREAS, a client committee including Cass Park, Ithaca Youth Bureau, Office of Planning and Development and City Engineering staff has reviewed the four 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 services contracts for Architectural/Engineering Services for Renovation of Cass Park Ice Rink to TetraTech Architects & Engineers of Ithaca, New York, for an amount not to exceed $61,500, and be it further Committee of the Whole Page 5 February 18, 2009 RESOLVED, That the Mayor be hereby authorized to enter into said contract under the usual terms and conditions. Carried Unanimously Two (2) 1 ¾ Yard Dual Electric Stainless Steel Salt Spreaders - Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, bids were received on February 17, 2009, for two 1 ¾ yard dual stainless steel spreaders, and WHEREAS, staff has reviewed the bids and recommends that the Board of Public Works award the bid to the lowest bidder, now, therefore, be it RESOLVED, That the Board of Public Works award the bid of the two new Spreaders to STS Truck Equipment and Trailer Sales, 3496 Court Street, Syracuse , NY 13206 for their bid of $5,995.00 for each spreader and a total of $11,990.00, and be it further RESOLVED, That the Board authorizes the Assistant Superintendent of Public Works to enter into a contract with STS Truck Equipment and Trailer Sales for the purchase of the two Spreaders. Carried Unanimously DAC Liaison Roberts left the meeting at 6:40 p.m. Pipe and Appurtenances Bid Award – Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, bids were received on February 10, 2009 for pipe and appurtenances to be used for water system maintenance and service work, and WHEREAS, the bid package consisted of 15 separate bid items, each to be awarded separately, and WHEREAS, staff has reviewed the six bids received and made recommendations for award, now therefore be it RESOLVED, That the Board of Public Works hereby awards Bids 1-3: Ductile Iron MJ Compact Fittings to RAMSCO of Watervliet, New York, for a total contract of $3,936.00, and RESOLVED, That the Board of Public Works hereby awards Bids 4-9: Valve Boxes and Covers to Martisco Corp. of Liverpool, New York, for a total contract of $4,383.60, and RESOLVED, That the Board of Public Works hereby awards Bids 10 and 12-15: Hydrants, Gate Valves, and Residential Water Service Components to Vellano Bros., Inc. of Vestal, New York, for a total contract of $50,530.52, and RESOLVED, That the Board of Public Works hereby awards Bid 11: Hydrant Grade Extensions to Blair Supply Corp. of Rochester, New York, for a total contract of $1,650.12. Carried Unanimously Request for Proposals for Dam Engineering Services - Resolution By Commissioner Tripp: Seconded by Commissioner Wykstra WHEREAS, the City of Ithaca owns and is required to maintain the Six Mile Creek (30- Foot) and Potters Falls (60-Foot) Dams, categorized as Class C (“High Hazard” per 6 NYCRR 673.3) by the New York State Department of Environmental Conservation, and WHEREAS, in order to meet current and proposed Dam Safety Regulations, the City will have to secure professional engineering services to perform an engineering assessment, update the Emergency Action Plan, and update the Operations & Maintenance manual for each dam, and WHEREAS, staff has prepared a Request for Proposal for professional engineering services to perform these tasks, now therefore be it Committee of the Whole Page 6 February 18, 2009 RESOLVED, That the Board of Public Works hereby authorizes the Water & Sewer Division to solicit proposals for the engineering services outlined above. Discussion followed on the floor regarding classification of the city dams (they are rated “High Hazard” because the dams maintain water above a populace), what the engineering services will entail, past work done in the dams, dredging issues,and whether it could be requested in the RFP to require that a report be finished no later than July 1, 2009 so that the Board would have that information as the City moves forward with making its decision about its water supply. Further discussion followed on the floor regarding how dam projects might fit into the economic stimulus package. A Vote on the resolution resulted as follows: Carried Unanimously ADJOURNMENT On a motion, the meeting adjourned at 7:05 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor