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HomeMy WebLinkAboutMN-BPW-2009-08-19BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:45 p.m. August 19, 2009 PRESENT: Mayor Peterson Commissioners (4) - Jenkins, Schlather, Wykstra, Brock OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff Information Management Specialist - Myers Deputy Community Development Director – Kittel Director of Planning and Development – Cornish Alderperson Clairborne EXCUSED: Commissioner Tripp DAC Liaison – Roberts There were many people associated with Ithaca American Asian Association relating to the Dragon Boat Festival in attendance at the meeting to speak on the topic of the dock at Cass Park. Mayor Peterson and the Board agreed to allow public speaking at the meeting with a two minute time limit per person. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: The following people addressed the Board in support of the Authorization to Construct the Dock at Cass Park: Siv Somchanhmavong, President of the Ithaca Asian American Association. Alan Karasin, Town of Caroline John Mayer, Wolcott, NY Jim Stevenson, Town of Ithaca Miriam Bisk, Town of Ithaca Raymond Craib, City of Ithaca Lori Anderson Mosemar, City of Ithaca Liz Norton, Town of Ithaca Heather Swift, Town of Ithaca Jason Hummer, Town of Groton Sally Lockwood, City of Ithaca Paul Norton, Town of Danby Authorization to Construct the Cass Park Dock – Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins 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 4/30/09. 2 August 19, 2009 City Attorney Hoffman reported that he confirmed with the building department that a building permit is required for the construction of the dock. He explained that New York State Uniform Code has a section on means of egress from buildings that is defined as “anything that supports a use” – which would include a dock. He stated that the code is intentionally broad in its definition. He would support the building department’s determination that a building permit is required. He stated that guardrails are needed on the open walking surfaces because the dock is more than 30” above land. Once the dock extends over the land into the water it is out of the code’s jurisdiction. He further explained in more detail the reasons for the building department’s determination. He stated that there are some proposed solutions to this requirement that include: 1. widen the dock portion over land, 2. change the grade of land beneath the dock (this would require a permit from the DEC), 3. incorporate into the design a mechanism that would allow the railing to fall down during use and fold back up after use. He stated that unless the Mayor overrules the building department’s determination, the requirement is not unreasonable and must be met. Commissioner Brock stated that she is Asian-American and a paddler. She supports the Ithaca Asian American Association (IAAA) and the Dragon Boat Festival, which has brought a cultural diversity to the community. She is committed to the IAAA and the Dragon Boat’s success. She is interested in the issue raised by the IAAA regarding lack of access points for human powered and small water craft to access the water. She would like to know the designated purpose of the dock and whether it is for IAAA or the public’s use; if it is for IAAA use it should be leased to them per city code. Mayor Peterson stated that there is no agreement/lease/license/mou with the IAAA for this dock’s use; only the Ithaca Urban Renewal Agency’s proposal for a dock that is being allocated under public facilities through a Community Development Block Grant/HUD monies. Deputy Community Development Director Kittel explained that the point of this project is to provide access for the public to Cayuga Lake and the dock would be city property. She stated that the IAAA put in a grant application for City funds which were allocated by Common Council for this project. Mayor Peterson stated that the idea came from a private group for something on city land that would be funded through public monies for city parkland through grant funds. Deputy Community Development Director Kittel stated that the IURA is constructing a city/public dock, which the city may lease. Commissioner Schlather stated that Commissioner Brock’s comments are well made. He further stated that there is huge merit for public facilities funded by public funds used by certain groups of the public. For example, the skateboard park for skateboarders, the dog park for dog owners, the golf course for golfers, swimming pools for swimmers, skating rinks for skaters, basketball courts for basketball players, etc. He stated that as a community we spend a lot of public money for community activities. He noted that the question here is how can we make this work to accommodate the public and the IAAA and he suggests that be done by amending the proposed resolution. He then explained how he would propose to amend the resolution. He also noted that he is not interested in charging the IAAA for the use of the dock. Alderperson Zumoff questioned how the dock is being utilized currently. Mayor Peterson responded that the city constructed the dock that is there now and the Dragon Boats are anchored on each side of the dock so that the public cannot access it. Commissioner Brock stated that she would support Commissioner Schlather’s proposed amendments to the resolution. She would also like to include language that this is a public dock and that public access will be preserved. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That the Resolved clause be amended to read as follows: 3 August 19, 2009 “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 4/30/09 modified to eliminate the handrails in those drawings or to otherwise accommodate the transport of human powered watercraft (canoes and kayaks) from shore to water” Carried Unanimously Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the resolution be amended to add an additional Resolved clause as the last Resolved that would read as follows: “RESOLVED, That this authority is subject to the further requirement that this dock facility is and shall remain a public dock facility accessible to the public at large, and not exclusively for the use of only one entity or group, noting that it is expected that the Ithaca Asian American Association will be permitted to use, non-exclusively, a portion of this dock for its dragon boat purposes in accordance with City policy.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Power to Act - Ecologically Informed Guidelines for Work in the Natural Areas – Alternate I Resolution (Submitted by Supt. Gray) WHEREAS, the Natural Areas Commission, N.A.C., (City Code, Chapter 113) and designation of the City’s Natural Areas (Chapter 114) were created by an act of Common Council in 1998 to conserve natural areas, educate the public on their use and value, to assist Public Works with advice and recommendations concerning maintenance and construction in those areas, and to assist Common Council with policy and boundary recommendations, and WHEREAS, as part of that legislation, the NAC is designated to advise the Board of Public Works on the Natural Areas, with particular attention given to the City’s water supply system in the Six Mile Creek Watershed which makes up the largest single contiguous property designated as a Natural area, and calls for ecologically-informed guidelines to be developed by the Department and then adopted by the Board of Public Works, and WHEREAS, a set of guidelines have been circulated back and forth between the NAC and the Department, with some review by the Board, for an extended period, and been followed up with recent test projects along Six Mile Creek coordinated with the NAC following the Guidelines, now therefore be it RESOLVED, That the Board of Public Works adopts the Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas, using the Board’s August 5, 2009, mark up of the proposed guidelines received from the NAC dated June 29, 2009, as well as any changes proposed and adopted at the Board’s meeting on August 19, 2009. Approval of Proposed “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” – Alternate II Resolution (Submitted by City Attorney Hoffman) By Commissioner Schlather: Seconded by Commissioner Brock WHEREAS, pursuant to Chapter 114 of the Municipal Code of the City of Ithaca, Common Council has designated certain Natural Areas in the City (or owned by the City), “which are wholly or substantially in a natural and/or undeveloped state, which have significance for ecological and/or recreational reasons, and which are best appreciated and maintained in a natural, relatively undisturbed state;” and WHEREAS, Chapter 114 requires City boards and staff involved in any plans for construction of new facilities or rehabilitation of existing facilities in a natural area to give “vigorous and thorough consideration” to the City’s commitment to preservation of its Natural Areas, and to inform and work with the City’s Natural Areas Commission in the development of such plans; and 4 August 19, 2009 WHEREAS, Chapter 114 requires the Department of Public Works to promulgate “ecologically-informed guidelines” for work to be performed within the City’s Natural Areas, which guidelines are to be developed in consultation with the Natural Areas Commission and which are subject to the approval of the Board of Public Works; and WHEREAS, Chapter 114 requires that “any significant disruption of a Natural Area by the City shall be restored to as natural or compatible a state as practical, on the basis of a restoration plan promulgated with the advice of the Natural Areas Commission;” and WHEREAS, the Natural Areas Commission, working closely with City staff and a liaison from the Board of Public Works, has proposed a set of “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (together with a suggested Application and Plan of Work form) which proposed Guidelines have been reviewed by the Board and which Guidelines (and Application/Plan of Work form) were recently field- tested in conjunction with the development of a new vehicular access route to the 30- foot dam in the Six Mile Creek Natural Area, a test viewed as successful by the Natural Areas Commission and the Department of Public Works; now therefore be it RESOLVED, That the Board of Public Works hereby approves the proposed “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (dated June 29, 2009, and as modified by the Board at its meeting on August 5, 2009), for application to all non-emergency work contemplated within any designated Natural Area of the City of Ithaca; and be it further RESOLVED, That the Board hereby approves the Application and Plan of Work form for initial use with the Guidelines, with the understanding that in the future this form may be modified by the Superintendent, provided that such modifications are consistent with the intent of the Guidelines and that the Natural Areas Commission has had a reasonable opportunity to comment on any such changes prior to their implementation. Wendy Wallit, Natural Areas Commission Member, joined the Board for the discussion of this item. Supt. Gray explained that both he and City Attorney Hoffman wrote resolutions regarding this item for the Board’s consideration. City Attorney Hoffman explained that he attended the Natural Areas Commission (NAC) meeting on August 10, 2009 regarding problems with erosion on the access route to the 30’ dam. He stated that NAC members thought the guidelines should be strengthened in the area regarding erosion and run-off. He explained their reasons for amending the guidelines which he addressed in the resolution that he drafted for the Board’s consideration. Commissioner Schlather stated that he felt the second and fourth whereas clauses in the City Attorney’s proposed resolution were not relevant. He is concerned that by singling them out rather than others the requirement would be above and beyond what the law requires. He stated that the fourth whereas clause concerns what he thought might become the Board adopting something greater than what code requires regarding the NAC and the nuance it expresses. He further stated that it is one thing to know what the law says but for this Board to single out a portion of the law to accept concerns him. He further stated that the last resolved clause should be removed because the Superintendent of Public Works should not have to get comments from the NAC to modify the application form for work in natural areas. Commissioner Wykstra asked whether the Board was considering both resolutions because he liked parts of both. Commissioner Wykstra stated that he would like to see some reference to City of Ithaca Municipal Code Chapter 113 (Natural Areas Commission), Chapter 114 (Natural Areas), he likes Supt. Gray’s introduction which gives an overview of the purpose of the guidelines and he likes the reference to City of Ithaca Municipal Code Chapter 320 (Commitment to Preservation and Policy on Use for Six Mile Creek Natural Area/Watershed Area). He feels that it is important for everyone to review all three referenced sections of the City Code. 5 August 19, 2009 City Attorney Hoffman explained his reasons for code references. He stated that the main point he was trying to make is that the City expressed its intent to do work in the natural area and a key element of that work should be the involvement of the NAC. Commissioner Schlather suggested incorporating clauses from both resolutions into one and made the following motion to amend the resolution: Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Board incorporate clauses from both the Superintendent of Public Work’s resolution and the City Attorney’s resolution into one resolution that would read as follows: Power to Act - Ecologically Informed Guidelines for Work in the Natural Areas – Resolution WHEREAS, the Natural Areas Commission, N.A.C., (City Code, Chapter 113) and designation of the City’s Natural Areas (Chapter 114) were created by an act of Common Council in 1998 to conserve natural areas, educate the public on their use and value, to assist Public Works with advice and recommendations concerning maintenance and construction in those areas, and to assist Common Council with policy and boundary recommendations, and WHEREAS, pursuant to Chapter 114 of the Municipal Code of the City of Ithaca, Common Council has designated certain Natural Areas in the City (or owned by the City), “which are wholly or substantially in a natural and/or undeveloped state, which have significance for ecological and/or recreational reasons, and which are best appreciated and maintained in a natural, relatively undisturbed state;” and WHEREAS, as part of that legislation, the NAC is designated to advise the Board of Public Works on the Natural Areas, with particular attention given to the City’s water supply system in the Six Mile Creek Watershed which makes up the largest single contiguous property designated as a Natural area, and calls for ecologically-informed guidelines to be developed by the Department and then adopted by the Board of Public Works, and WHEREAS, Chapter 114 requires the Department of Public Works to promulgate “ecologically-informed guidelines” for work to be performed within the City’s Natural Areas, which guidelines are to be developed in consultation with the Natural Areas Commission and which are subject to the approval of the Board of Public Works; and WHEREAS, a set of guidelines have been circulated back and forth between the NAC and the Department, with some review by the Board, for an extended period, and been followed up with recent test projects along Six Mile Creek coordinated with the NAC following the Guidelines, and WHEREAS, the Natural Areas Commission, working closely with City staff and a liaison from the Board of Public Works, has proposed a set of “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (together with a suggested Application and Plan of Work form) which proposed Guidelines have been reviewed by the Board and which Guidelines (and Application/Plan of Work form) were recently field- tested in conjunction with the development of a new vehicular access route to the 30- foot dam in the Six Mile Creek Natural Area, a test viewed as successful by the Natural Areas Commission and the Department of Public Works; now therefore be it RESOLVED, That the Board of Public Works hereby adopts the proposed “Ecologically- Informed Guidelines for Work in City of Ithaca Natural Areas” (dated June 29, 2009, and as modified by the Board at its meeting on August 5 and 19, 2009), for application to all non-emergency work contemplated within any designated Natural Area of the City of Ithaca; and be it further RESOLVED, That the Board hereby approves the Application and Plan of Work form for initial use as amended August 19, 2009 with the Guidelines, with the understanding that in the future this form may be modified by the Superintendent, provided that such modifications are consistent with the intent of the Guidelines 6 August 19, 2009 Ayes (4) Brock, Schlather, Wykstra, Jenkins Nays (1) Peterson Abstentions (0) Carried Motion to Accept Proposed Revisions to Guidelines: By Commissioner Schlather: Seconded by Commissioner Brock RESOLVED, That the Board accept the proposed revisions to Part IV – Guidelines for Work, Section K 1-3 which will replace former section K of the guidelines. Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Power to Act – Annual Chemical Bids for Wastewater & Water Treatment Plants - Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, Staff received bids for the 2009-2010 Chemical Requirements on Tuesday August 4, 2009, and WHEREAS, Staff has reviewed the bids and made recommendations for award of bids; now, therefore be it RESOLVED, That the Board of Public Works hereby accepts staff’s recommendations to award the 2009-2010 Chemical Requirements as follows: Chemical Vendor Price (per unit & extended) Primary Coagulant, per gal NO BID NO BID Filter Aide, per lb Zinkan Enterprises $4.300/lb - $8,600.00 Coagulant Aid, per gal SNF Polydyne $7.885/gal - $23,655.00 Potassium Permanganate, per lb Thatcher Company of NY $2.240/lb - $12,320.00 Ferrous Chloride, per lb of iron per gal Water Elements, LLC $0.59/lb-Fe/gal $82,600.00 Ferric Chloride, per gal Water Elements, LLC $1.220/gal - $158,600.00 Gas, Sulfur Dioxide, per lb Amrex Chemical Co. $0.680/lb - $17,680.00 Liquid Sodium Hypochlorite, per gal Bison Laboratories, Inc. $0.730/gal - $99,462.50 RQ- Calcium Hypochlorite Mixture Dry Amrex Chemical Co. 50lb Pail – 300 Pails $110.60/pail - $33,180.00 -OR- 100lb Drum-150 Drums $209.90/drum-$31,485.00 and, be it further RESOLVED, That the Board hereby authorizes the Superintendent of Public Works to enter into agreements for the bid awards, and, be it further RESOLVED, That the Board hereby authorizes the staff to rebid the Primary Coagulant for which no bids were received, and bid the corrosion inhibitor now that the specifications have been completed. 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 and Request for Agreement with TTH Associates LLC (Center Ithaca) Regarding East Service Alley Under Green Street Garage – Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That the Board grant itself Power to Act on the Approval of the December 20, 2006, June 10, 2009, June 24, 2009, and July 8, 2009 Board of Public Works Meeting Minutes and Request for Agreement with TTH Associates LLC (Center Ithaca) Regarding East Service Alley Under Green Street Garage – Resolution at the September 2, 2009 Committee of the Whole Meeting. Carried Unanimously DPW 2010 Budget Requests – Discussion This item was not discussed. 7 August 19, 2009 Trash Facility Agreement with Center Ithaca – Discussion This item was not discussed. Commons Clock Tower – Discussion Downtown Ithaca Alliance Director, Gary Ferguson, joined the Board for the discussion of this item. Supt. Gray explained that the Downtown Ithaca Alliance has offered to replace all nine panels for the three clock towers, with the funding assistance of a local bank. Discussion followed on the floor regarding the proposal, the difficulty in finding sponsors, the cost to the City and whether there are any legal reasons that the City should not pursue this offer. The Board directed the Downtown Ithaca Alliance and staff to research the following and report back to the Board at the September 9, 2009 voting meeting: 1. City Attorney – what are the legal ramifications for soliciting and accepting private money for this purpose? 2. Check with Department of Public Works staff for realistic assessment of cost for installation of the panels and whether this work could be done this Fall. 3. Downtown Ithaca Alliance – see whether or not funds could be raised to be split three ways with a sponsor for each tower so the City’s cost would be no more than the installation cost. 4. Downtown Ithaca Alliance/City Staff – provide a detailed understanding of advertising details and what towers would look like. City Attorney Hoffman stated that he would be on vacation through September 14th and noted that he would ask Assistant City Attorney Sokoni if she could do this research for the Board; but he did not know what her schedule looks like. Appeal of Water Bill for 318-320 W. Seneca Street, Illegal Connection – Discussion This item was not discussed. Commissioner Schlather recused himself from the discussion. Home Depot Traffic Signal – Report This item was not discussed. Sidewalk Work Priority Plan – Discussion This item was not discussed. ADJOURNMENT On a motion the meeting adjourned at 7:00 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor