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BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:52 p.m. August 12, 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
Acting Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Zumoff
DAC Liaison – Roberts
Executive Assistant – Gehring
Deputy Director of Community Development – Kittel
PLEDGE OF ALLEGIANCE:
Commissioner Jenkins led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Attorney Hoffman stated that Mayor Peterson would like the Guidelines for Work in
Natural Areas placed on the agenda for the August 19, 2009, Committee of the Whole
meeting. Supt. Gray stated that Item 10.2, Power to Act on NAC Guidelines, was added
to the agenda.
No Board member objected.
Commissioner Schlather arrived at 4:58 p.m.
Asst. Supt. Whitney requested that the Board grant themselves Power to Act on a
Chemical Bid for the Wastewater Treatment Plant and Water Treatment Plant for the
August 19, 2009, Committee of the Whole meeting.
No Board member objected.
APPROVAL OF MINUTES:
Approval of the October 11, 2006, and November 8, 2006, Board of Public Works
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the October 11, 2006, and November 8, 2006, Board
of Public Works meetings be approved as published.
Carried Unanimously
Approval of the January 7, 2009, Board of Public Works Committee of the Whole
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the January 7, 2009, Board of Public Works
Committee of the Whole meeting be approved as corrected.
Carried Unanimously
Approval of the June 3, 2009, Board of Public Works Committee of the Whole
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the June 3, 2009, Board of Public Works Committee
of the Whole meeting be approved as corrected.
Carried Unanimously
Board of Public Works Page 2 August 12, 2009
Regular Meeting
Approval of the July 1, 2009, Board of Public Works Committee of the Whole
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the July 1, 2009, Board of Public Works meeting be
approved as published.
Carried Unanimously
Mayor Peterson arrived at 5:07 p.m.
Approval of the July 16, 2009, Board of Public Works Committee of the Whole
Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the July 16, 2009, Board of Public Works Committee
of the Whole meeting be approved as published.
Carried Unanimously
Power to Act – Approval of the December 20, 2006, June 10, 2009, June 24, 2009,
and July 8, 2009, Board of Public Works Meeting Minutes – Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
RESOLVED, That the Board grant itself Power to Act on the approval of the minutes for
the December 20, 2006, June 10, 2009, June 24, 2009, and July 8, 2009, Board of
Public Works meetings at the August 19, 2009, Committee of the Whole meeting.
Carried Unanimously
MAYOR'S COMMUNICATIONS:
Mayor Peterson announced that a Special Common Council meeting would be held on
Thursday, August 13, 2009, from 5:00 p.m. to 7:00 p.m. regarding the Water Supply
Issue relating to Governance.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Alderperson Eric Rosario addressed the Board regarding an e-mail from Joe Wetmore,
owner of Autumn Leaves Used Book Store, concerning the use of asphalt to make
repairs to the sidewalk on the Commons. He further addressed the Board regarding
concerns from constituents concerning the Hancock Street reconstruction. He
requested that updates on the project be provided to the residents and business owners
on a regular basis.
Peter Penniman, PPM Homes, addressed the Board regarding the excessive penalties
for the unintentional illegal hook-up at one of the properties he manages, and errors in
meter readings since the new water meters were installed.
John Efroymson, City of Ithaca, addressed the Board regarding the proposed sidewalk
plan for the Columbia Street Pedestrian Bridge. He stated that the sidewalk along Giles
Street near the pedestrian bridge had deteriorated to the point of impassability. He
expressed concern that when the pedestrian bridge is rebuilt, open areas at the ends of
the bridge would become gathering spots. He further expressed concern regarding the
traffic light at Home Depot on Elmira Road that seems to be malfunctioning.
RESPONSE TO THE PUBLIC
Commissioner Schlather recused himself from discussion relating to concerns raised by
Mr. Penniman due to a conflict of interest. He further responded to comments made
regarding the work on Hancock Street and the Columbia Street Pedestrian Bridge.
Supt. Gray explained that the public would be asked for input regarding the design, and
a public information session would be held in the near future.
Supt. Gray explained that the State owns the traffic signal by Home Depot and that staff
have been working with the State to resolve the problems. Commissioner Schlather
requested that this item be placed on the agenda for the Committee of the Whole
meeting on August 19, 2009, for discussion.
Board of Public Works Page 3 August 12, 2009
Regular Meeting
DAC Liaison Roberts expressed concern regarding the deterioration of the Giles Street
sidewalk and requested that it be placed on the priority list for sidewalk repair.
Commissioner Brock thanked the speakers for their comments regarding sidewalks.
She further stated that one of the problems facing staff is the backlog of sidewalks that
require repairs and how concerns are identified.
Commissioner Tripp requested additional information regarding concerns raised by Mr.
Penniman about a water bill. Supt. Gray responded that he would ask staff to provide
an update for the Board at the Committee of the Whole meeting on August 19, 2009.
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Award of HVAC Contract for GIAC Renovations – Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
WHEREAS, bids were received on July 23, 2009 for the HVAC portion of the Greater
Ithaca Activities Center Reconstruction, and
WHEREAS, this project was bid as a multi-prime contract in accordance with the Wicks
Law, and
WHEREAS, staff has reviewed the bids received and recommends award, now
therefore be it
RESOLVED, That the Board of Public Works hereby waives the apprenticeship
requirement for this contract in light of the fact that no bids were received which were in
compliance with that requirement, and be it further
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the HVAC
Contract for the Greater Ithaca Activities Center Reconstruction to Kimble, Inc., of
Elmira, NY, for their low qualified base bid of $639,680.00.
Carried Unanimously
Community Development Deputy Director Sue Kittel joined the Board for the discussion
of this item. She stated that the contract was re-bid which resulted in it coming in
$154,000 less than the first bids received. She explained that the same bid documents
were sent out, with an addendum requesting apprenticeship paperwork, to be submitted
in a sealed envelope.
HIGHWAY, STREETS, AND SIDEWALKS:
Adoption of Sidewalk Work Priority Plan - Resolution
This item was not discussed.
PARKING AND TRAFFIC:
Request for Agreement with TTH Assoc. LLC (Center Ithaca) Regarding East
Service Alley under Green Street Garage - Resolution
WHEREAS, in the course of planning certain renovations to and reconstruction of the
Green Street Parking Garage, it was necessary for the City of Ithaca to renegotiate the
terms of certain easements held by the owner of the adjacent Center Ithaca property
(then TSD Associates, LLC; now TTH Associates, LLC, or “TTH”); and
WHEREAS, the result of such negotiations was an agreement between the parties,
dated September 27, 2007, together with an instrument of even date entitled
“Permanent Easements and/or Rights-of-Way;” and
WHEREAS, said Agreement and easements establish, inter alia, that TTH holds a
permanent easement over the so-called North-South Corridor (beneath the Garage, at
the easterly end of the Garage Property), which easement allows TTH to use said
corridor for ingress and egress between Center Ithaca and Green Street (for as long as
certain conditions exist), and makes TTH responsible for maintenance of the corridor;
and
Board of Public Works Page 4 August 12, 2009
Regular Meeting
WHEREAS, said easement does not expressly give TTH authority to control access to
or use of the Corridor by others, which uncontrolled use could interfere with the ability of
TTH to use the Corridor for its intended purpose, and which authority has been
requested by TTH; now therefore be it
RESOLVED, That the Board of Public Works finds that allowing TTH to control access
to the North-South Corridor by non-emergency vehicles is not in conflict with the parties’
intentions in their 2007 agreements, and in fact is a practical necessity in order for the
Corridor to be used as anticipated, without undue interference by others; and be it
further
RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon the
advice of the Superintendent and the City Attorney, to execute an agreement between
the City and TTH Associates, LLC, allowing TTH to control vehicular access to and use
of the North-South Corridor (for as long as the easement remains in effect), and
including the following terms:
1. TTH may cause non-emergency vehicles that are parked, stopped or
standing in the North-South Corridor to be removed at the vehicle owner’s
expense.
2. TTH shall be responsible for installing and maintaining appropriate signage in
the Corridor, denoting TTH’s right to control vehicular access and warning
that unauthorized vehicles in the corridor may be ticketed and removed at the
vehicle owner’s expense.
3. TTH shall honor any pre-existing right of access to the North-South Corridor
that may currently be held by others.
4. TTH shall indemnify and hold the City harmless in connection with any claims,
damages or awards arising out of any actions TTH may take in enforcing its
control of access to the Corridor, which indemnification shall extend to the
City’s reasonable attorney’s fees incurred in its defense against any such
claims.
City Attorney Hoffman explained that the service alley at the east end of the Green
Street Garage next to the Rothschild Building was controlled by Center Ithaca, pursuant
to an earlier easement granted by the City. He further explained that Center Ithaca was
happy with the access to the corridor; however, they would like permission to have
vehicles removed that are parked in the alley without authorization.
Discussion followed on the floor regarding the exact location of the corridor. Further
discussion followed on the floor regarding the agreement that is in effect with Center
Ithaca, dated September 27, 2007, and whether an addendum is required to that
agreement. Supt. Gray stated that his only concern is that city staff have access to the
alley for maintenance of the garage.
Commissioner Schlather requested that this discussion continue at the next board
meeting to allow him time to review the current easement agreement.
No Board member objected.
Power to Act - Request for Agreement with TTH Assoc. LLC (Center Ithaca)
Regarding East Service Alley under Green Street Garage - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on the request for an agreement
regarding the east service alley under the Green Street Garage at the August 19, 2009,
Committee of the Whole meeting.
Carried Unanimously
Board of Public Works Page 5 August 12, 2009
Regular Meeting
Request for Additional Handicapped Parking Spaces - Resolution
To Amend the Vehicle and Traffic Schedules to Create a Second Reserved Parking
Space for People with Disabilities on Fayette Street
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, the City of Ithaca has received a petition from Mr. Howard Aldendorf, 127
Fayette Street #2 to create a second reserved parking space on the west side of 100
block of Fayette Street, and
WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code
to adopt and to amend a system of Schedules in order to administer the Vehicle and
Traffic Law, and
WHEREAS, the City Transportation Engineer has recommended that the request be
granted, and
WHEREAS, the reserved space on the east side of the street was never formally added
to the Vehicle and Traffic Schedules, and
WHEREAS, the Board of Public Works is in agreement with the request and
recommendation, now therefore be it
RESOLVED, That Schedule XXV, Handicap Parking, be amended to add the following
entry:
Name of Street Side Location
Fayette Street Both In front of 127 Fayette Street
A Vote on the Resolution Resulted as Follows:
Ayes (5) Schlather, Wykstra, Jenkins, Brock, Peterson
Nays (0)
Carried (5-0)
(Commissioner Tripp Absent from Vote)
DAC Liaison Roberts expressed his desire for the Disability Advisory Council (DAC) to
review the policy for granting requests for handicapped parking spaces, specifically the
requirement for residents to prove that they were disabled when they moved into the
residence. He further expressed concern regarding the amount of medical information
residents provide to public officials.
Discussion followed on the floor regarding the policy of granting requests for
handicapped parking spaces on public streets for private purposes, having spaces on
both sides of the street for when odd/even parking requirements are in place, and
ensuring the policy is reviewed by the DAC.
CREEKS, BRIDGES, AND PARKS:
Authorization to Construct the Cass Park Dock – Draft Resolution
(from Sue Kittel, dated July 8, 2009)
WHEREAS, the Ithaca Urban Renewal Agency has funded a proposal to construct a
dock in Cass Park to facilitate public access to the lake by small and human-powered
watercraft, and
WHEREAS, the project has been developed in consultation with City Engineering,
Department of Public Works, and Cass Park staff, and
WHEREAS, the project is ready for bid and staff of the Ithaca Urban Renewal Agency is
seeking approval for the construction of the dock, which will become the property of the
City of Ithaca, now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby authorizes the
construction of a dock in Cass Park in accordance with the project drawings dated April
30, 2009.
Board of Public Works Page 6 August 12, 2009
Regular Meeting
Community Development Deputy Director Kittel joined the Board for the discussion of
this item. Mayor Peterson stated that there was a discussion at the Project
Coordinating Committee meeting on August 11, 2009, regarding the dock. City Attorney
Hoffman explained the issues that were raised at the meeting by Building Department
staff regarding the dock design. Discussion followed on the floor regarding the pilings,
the ramp, and the requirement of railings. Commissioner Brock expressed her concern
that the railings would prohibit launching of canoes and kayaks.
Further discussion followed on the floor regarding the question as to whether a building
permit is required. Community Development Deputy Director Kittel stated that if the
project requires a building permit, then railings would be required on the dock.
Commissioner Schlather suggested that the City Attorney’s office research building
codes. He further suggested that the Board grant themselves Power to Act on this item
at the Committee of the Whole meeting on August 19, 2009.
Commissioner Brock expressed concern about encroachments on city property and
ensuring the dock is available for public use.
Power to Act - Authorization to Construct the Cass Park Dock – Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the authorization to construct
the Cass Park Dock at the August 19, 2009, Committee of the Whole meeting.
Carried Unanimously
Power to Act – Approval of the Natural Areas Commission (NAC) Guidelines
By Commissioner Wykstra: Seconded by Commissioner Jenkins
RESOLVED, That the Board grant itself Power to Act on the approval of the Natural
Areas Commission Guidelines at the August 19, 2009, Committee of the Whole
meeting.
Carried Unanimously
WATER AND SEWER:
Appeal of Water Bill for 900 Stewart Avenue - Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works has reviewed the appeal of a water and sewer
bill issued for historical water use of those utilities at 900 Stewart Avenue, and
WHEREAS, the bill was created for an estimated use during the last six (6) years, using
data that had to reach back almost thirteen (13) years to create the estimate, and
WHEREAS, while unlike other similar bills issued for water use to correct discrepancies
in billed versus meter use, the City has no records to show a continuous use pattern
during the six (6) years in question, and
WHEREAS, the recent readings from the new meter during 2009 correspond to the
owner’s affidavit that the house has been unoccupied for more than ten (10) years and
that the current use pattern is the use pattern for the last six (6) years; now therefore be
it
RESOLVED, That the Board of Public Works expunges any excess billing associated
with water and sewer use at 900 Stewart Avenue which resulted from the change out of
the water meter at this address in the Fall of 2008.
Carried Unanimously
Power to Act – Award of the Annual Chemical Bid for the Wastewater Treatment
Plant and Water Treatment Plan – Resolution
By Commissioner Wykstra: Seconded by Commissioner Brock
RESOLVED, That the Board grant itself Power to Act to award the contract for the
annual chemical bids for the wastewater treatment plant and the water treatment plant
at the August 19, 2009, Committee of the Whole meeting.
Carried Unanimously
Board of Public Works Page 7 August 12, 2009
Regular Meeting
REPORTS:
Superintendent and Staff
Acting Asst. Supt. Benjamin reported that paving of Hancock Street had started and
would take a couple of days to complete.
ADMINISTRATION AND COMMUNICATIONS:
Commissioner Schlather reported that he received a memorandum from the Downtown
Ithaca Alliance dated August 4, 2009, related to the Commons Clock Towers. He
expressed his pleasure that a local bank has offered to fund half of the cost to replace
the nine time and temperature panels on the three clock towers on the Commons. He
further stated that he would like to move forward with this project and look at the
possibility of other downtown entities contributing the balance of the cost. Discussion
followed on the floor regarding the Downtown Ithaca Alliance and the Commons. Mayor
Peterson suggested that the Board discuss this at the Committee of the Whole meeting
on August 19, 2009.
ADJOURNMENT
On a motion the meeting adjourned at 6:48 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor