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HomeMy WebLinkAboutMN-BPW-2009-03-11BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:56 p.m. March 11, 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 DAC Liaison – Roberts Executive Assistant – Gehring EXCUSED: Common Council Liaison – Zumoff Deputy City Controller - Andrew 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, December 17, 2008, February 11, 2009, and February 18, 2009 Board of Public Works Meeting- Resolution RESOLVED, That the Minutes of the June 20, 2007, Board of Public Works meeting be approved as published. City Attorney Hoffman stated he would like to continue the discussion of the June 20, 2007, minutes to a later date. He explained that the minutes from the April 25, 2007, Special Meeting are very pertinent to the June 20, 2007, minutes and he has not yet reviewed both sets of minutes. Commissioner Schlather suggested that City Attorney Hoffman circulate his changes prior to the next meeting so the Board can review them. City Attorney Hoffman agreed. Power to Act – Approval of the June 20, 2007, 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, Board of Public Works meeting. Carried Unanimously Approval of the Minutes of the December 17, 2008, Board of Public Works Meeting- Resolution By Commissioner Wykstra: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the December 17, 2008, Board of Public Works meeting be approved as proposed. Carried Unanimously Approval of the Minutes of the February 11, 2009, Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the February 11, 2009, Board of Public Works meeting be approved as proposed. Carried Unanimously Approval of the Minutes of the February 18, 2009 Board of Public Works Meeting- Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Minutes of the February 18, 2009, Board of Public Works meeting be approved as proposed. Carried Unanimously Board of Public Works March 11, 2009 Page 2 ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested the following items be added to the agenda: Item 7.3 – Hangar Theatre Power-to-Act Resolution and Designation of Lead Agency Resolution Item 8.4 – Cayuga Street Rehabilitation Bid Award Resolution Item 8.5 – Brush Chipper Bid Award Power to Act Item 9.1 – Green Street Parking Garage Air Rights Power-to-Act Resolution to designate Lead Agency No board member objected. MAYOR'S COMMUNICATIONS: Mayor Peterson stated that the Special Joint Committee had prepared a draft resolution on hydrolysate waste from Cornell’s vet school. She explained that Cornell forwarded a proposal to the wastewater treatment plant for the plant to service. She asked if the Board wished to review the draft resolution prior to the Special Joint Committee’s vote. Commissioner Wykstra suggested discussing the draft resolution at the April 1, 2009, Committee of the Whole meeting. No member objected. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Fay Gougakis addressed the Board to voice her concern about the hydrolysate waste going into Cayuga Lake. She went on to explain that she is concerned about the amount of abandoned and neglected bicycles in the downtown area. She suggested that the city add signage to prevent long term bike parking to allow others to use the bike racks. John Graves addressed the Board to ask when the final environmental impact study for the water plant would be publicized. RESPONSE TO THE PUBLIC Supt. Gray addressed Mr. Graves by stating that the basic document is currently available for public inspection. He went on to explain that the final document will contain comments from the public and the City’s responses to those comments. He stated the final document will not be published until it is approved and accepted by the Board. He explained that the Board is currently reviewing the comments in a public forum, and the document may be finalized by mid-April 2009. Commissioner Wykstra addressed Ms. Gougakis’ remarks and requested information about the number of bicycles that are stolen. Mayor Peterson stated that the Legislative Issues Committee of Common Council is currently reviewing two bicycle regulations and Ms. Gougakis’ comments will be taken to that committee. Discussion followed on the floor regarding regulations of bicycles and other non-powered vehicles. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: 212 Hudson St. Request for Encroachment – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra WHEREAS, R. James Miller, Esq., of the law office of Miller Mayer, LLP, representing the sellers (Walton Amey and Amy Brill) in the sale of the property at 212 Hudson Street (Tax Map Parcel No. 82-2-10, now owned by John Puglia and Ike Nestopoulos), in the City of Ithaca, has requested that an encroachment agreement/license be granted to the new owners for a corner of an existing porch (at the front of the house) which extends into the City right-of-way for Hudson Street by approximately eight-tenths of a foot, as shown on the survey map prepared by T. G. Miller, PC, dated May 6, 2008; and WHEREAS, it appears that the porch in question has been in existence in its current location for many years, and is at least one foot clear (to the west) of the existing public sidewalk on the west side of Hudson Street; and WHEREAS, the Superintendent has reviewed the request and does not anticipate any conflicts due to the existing encroachment at this location, in the near future; now therefore be it Board of Public Works March 11, 2009 Page 3 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 existing porch at 212 Hudson Street, revocable upon six months’ written notice by the City in the event that the encroached upon land is required for a City purpose, and containing the usual terms and conditions; and be it further RESOLVED, that the encroachment agreement/license shall not be subject to a fee at this time, per the City’s current practice with regard to such agreements for existing, minor encroachments associated with residential properties, but that the agreement shall specify that at any time in the future it may become subject to new license/use fees or other requirements established by the Board as the result of its review of encroachments and license agreements and policy, which review is anticipated to be completed in 2009. Discussion followed on the floor regarding the required amount of personal liability insurance for an encroachment to be approved. Commissioner Schlather suggested that the minimum requirements remain at $500,000, and Commissioner Wykstra agreed. City Attorney Hoffman suggested inserting insurance information in the resolution. The Board agreed. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the first Resolved clause be amended as follows: “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 existing porch at 212 Hudson Street, revocable upon six months’ written notice by the City in the event that the encroached upon land is required for a City purpose, with a requirement that the homeowner carry at least $500,000 in personal liability insurance, and otherwise containing the usual terms and conditions; and be it further “ Carried Unanimously Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously Verizon Wireless Monopole – Discussion requested by City Attorney Verizon representatives, Ken Cowley, Kathy Pomponio, and Greg Hanley, joined the Board’s discussion. City Attorney Hoffman introduced the topic by giving an overview of the request to place a 120 foot monopole in the parking area of the Streets and Facilities building. Commissioner Schlather stated that the Wastewater Treatment Plant is a semi-industrial site, and the site is already secure. Extensive discussion followed on the floor regarding the possibility of placing the monopole on the Wastewater Treatment Plant property. Discussion followed on the floor regarding installing a shorter monopole. Verizon representatives stated that studies have been conducted to determine if a 60 foot tower would meet their needs versus a 120 foot tower. They further stated that the 60 foot tower would not provide the needed service for the area. Commissioner Brock expressed interest in having the monopole in another location that is away from Route 13, to reduce visual impact. Extensive discussion followed on the floor regarding alternative sites that might be appropriate to contain the monopole. Power to Act – Designation of Lead Agency Status over the Hangar Theatre Renovations – Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That the Board of Public Works grants themselves Power to Act on the Designation of Lead Agency Status over the Hangar Theatre Renovations Resolution at the March 18 or April 1, 2009, Committee of the Whole Meetings. Ayes (5) – Brock, Schlather, Jenkins, Wykstra, Peterson Nayes (0) Abstention (1) – Tripp Carried (5-0-1) Board of Public Works March 11, 2009 Page 4 HIGHWAYS, STREETS, AND SIDEWALKS: Appeal of Sidewalk Assessment for 309 North Aurora Street – Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, Beverly Baker, owner of 309 North Aurora Street, received a 2005 sidewalk assessment for sidewalk work completed adjacent to her property, and WHEREAS, Ms. Baker received sidewalk notices in 2000 and 2005, and has had several written and verbal communications with staff regarding her concerns before and after the work, and WHEREAS, Ms. Baker filed a written appeal to the assessment listing multiple reasons why she alleges she should not pay for the work, and WHEREAS, a subcommittee of the Board of Public Works has met with staff, made a site visit and reviewed information provided by Ms. Baker and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that city’s contractor completed the sidewalk replacement work, and feels that the owner is responsible for payment because Ms. Baker was not prevented by the City from performing the work; there are no records or other reason to believe that city staff informed the owner that her walk would be replaced at no charge; the faint footprint and slight color variation with adjacent concrete does not affect the function of the sidewalk; the original estimate was not a guarantee of final cost; the former walk from the main sidewalk to the street is not required and field notes indicate it should be removed and standard procedure is to replace similar walks unless the owner declines the option; and the six inch thick areas of concrete have not cracked under 3.5 years of commercial use since installation and therefore do not appear to be constructed at four inches thick, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 309 North Aurora Street. Discussion followed on the floor regarding the amount of sidewalk the city paid for versus the amount Ms. Baker is billed for. Commissioner Schlather stated that because Ms. Baker was not notified that a decision would be made regarding her protest, the motion should be withdrawn and re-addressed at the next Board meeting. All members agreed. Motion Withdrawn Approval of Uncontested 2005 Sidewalk Assessments By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, notices of defect, public hearings and notices of assessment were provided to property owners prior to the installation and repair of their sidewalk in 2005; now, therefore be it RESOLVED, That the Board of Public Works approves the finalization of the attached list of uncontested assessments, and requests Common Council to direct the City Chamberlain to collect such assessments. Discussion followed on the floor regarding the invoices from 2005 and whether the property owners had been recently notified of the amounts they owed. Commissioner Schlather suggested re-addressing this issue at a future Board meeting to allow staff to attend to answer questions about whether the property owners had been notified of their responsibilities. All board members agreed. Motion Withdrawn Approval of Uncontested 2008 Sidewalk Assessments – Resolution By Commissioner Brock: Seconded by Commissioner Tripp WHEREAS, notices of defect, public hearings and notices of assessment were provided to property owners related to the installation and repair of their sidewalk in 2008; now, therefore be it Board of Public Works March 11, 2009 Page 5 RESOLVED, That the Board of Public Works approves the finalization of the attached list of uncontested assessments, and requests Common Council to direct the City Chamberlain to collect such assessments. Carried Unanimously Award of Bid for Cayuga Street Rehabilitation – Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, bids were received on March 10, 2009 for Cayuga Street Rehabilitation, and WHEREAS, staff has reviewed the three bids received and made recommendations for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for Cayuga Street Rehabilitation to Suit-Kote Corporation, 1911 Loring Crossing Rd., Cortland, NY for their low bid meeting specifications of $195,875. Carried Unanimously Supt. Gray stated that the engineer’s estimate for this project was $60,000 less than the lowest bid. He further stated that construction costs have risen due to higher fuel and oil prices. Discussion followed on the floor regarding the possibility of not awarding all of the projects that are scheduled for construction this year due to higher costs. Power to Act – Brush Chipper Bid Award – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works grants themselves the Power to Act on the Brush Chipper Bid Award at the March 18, 2009, Committee of the Whole Meeting. Carried Unanimously PARKING AND TRAFFIC: Power to Act – Consent to Lead Agency Status – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Board of Public Works grants itself Power to Act at its meeting on March 18 or April 1, 2009, on the question of whether to consent to Common Council’s acting as Lead Agency for the environmental review of a proposal that the City enter into a boundary line agreement intended to clarify the ownership of air rights above portions of the Green Street Parking Garage and the so-called Rothschild Building. Carried Unanimously WATER AND SEWER: Award of Hancock Street Water & Sewer Pipe and Materials Bids – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra WHEREAS, bids were received on March 11, 2009 for pipe and materials to be used for the replacement of aging water and sewer infrastructure on Hancock Street, and WHEREAS, the bid package consisted of 28 separate bid items, each to be awarded separately, and WHEREAS, staff has reviewed the three bids received and made recommendations for award, now therefore be it RESOLVED, that the Board of Public Works hereby awards Bids 1-10, 12, 13, 17, and 19-24 which include water and sewer pipe, fittings, hydrants, valves, and residential water and sewer service components to RAMSCO of Watervliet, New York, for a total contract of $25,529.00, and RESOLVED, that the Board of Public Works hereby awards Bids 11, 14-16, and 18 which include residential water and sewer service components to Vellano Bros., Inc. of Vestal, New York, for a total contract of $1,895.20, and Board of Public Works March 11, 2009 Page 6 RESOLVED, that the Board of Public Works hereby awards Bids 25-28 which include residential sewer service components to Martisco Corp. of Liverpool, New York, for a total contract of $132.04. Carried Unanimously Continuation of Water Plant FEIS Comments – Discussion Consultants from O’Brien & Gere, Rick Gell and Steve Eckler, joined the Board to continue the discussion regarding the public comments received about the water plant. Mayor Peterson left the meeting at 6:35 p.m. Discussion followed on the floor regarding dredging requirements for each option and including a table to visualize those requirements in the FEIS. Extensive discussion followed on the floor regarding the replacement of the gate valve on the 60 foot dam in Six Mile Creek. Mr. Gell stated the valve had not been used in over 50 years and the rebuild option allows for funds to replace the gate, which would allow the city to perform routine maintenance and flushing so the gate can be used without fear of dysfunction. Commissioner Schlather requested that future agendas begin with the water plant FEIS discussions. All Board members agreed. ADMINISTRATION AND COMMUNICATIONS: Supt. Gray stated there are many administrative issues that the Board must address, including invoice protests and sidewalk assessment appeals. He suggested that a special meeting be held on March 25, 2009, to address these issues. All Board members agreed. ADJOURNMENT On a motion the meeting adjourned at 7:14 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor