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