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