HomeMy WebLinkAboutMN-BPW-2009-12-16BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 4:52 p.m. December 16, 2009
Committee of the Whole
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra
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
Executive Assistant – Gehring
Assistant Civil Engineer – Yost
City Controller - Thayer
EXCUSED:
DAC Liaison – Roberts
MAYOR’S COMMUNICATIONS:
Mayor Peterson noted the documents that were distributed to the Board members prior
to the beginning of the meeting, including several letters and e-mails from patrons and
merchants in opposition of the elimination of the one hour free parking and permit
parking in the west end. She stated that items 3 (The Choice of a Consultant for the
Water Plant Design and Construction Resolution) and 4 (2010 Hourly Parking Rates)
would be switched since the parking rates were partially discussed at the last Board
meeting and she would like to complete the discussion.
She further stated that at the last Board meeting, members of the West End Business
Area were not aware that the resolution regarding parking permits included permits for
the west end parking. She explained that since the last meeting, the merchants have
been notified and would be provided an opportunity to speak before the Board at
today’s meeting.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
John Rudd, Chief Financial Officer at Cayuga Medical Center (70% owner of Island
Health & Fitness), addressed the Board in opposition to the proposed permit parking at
the Inlet Island Parking Lot. He stated that Cayuga Medical Center does not feel that
enough analysis has been completed on the impact of permit parking in the area. He
further stated that the public was not notified of the proposal. He noted that he would
be willing to work with the City to identify issues surrounding permit parking in the West
End, and requested that the issue be tabled.
Steve Flash, part owner of the Marine Realty of Ithaca (owner of The Boatyard Grill and
The Boating Center), addressed the Board in opposition to the proposed resolution
regarding parking permits at the Inlet Island Parking Lot. He feels that the resolution, as
it is written, is unworkable for a permit system.
On a motion, the special meeting was opened at 5:00 p.m. to discuss the following:
2010 Trash Disposal Rates – Modification of Implementation Date – Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, the Board of Public Works, at the Superintendent’s request, adopted a new
single 35 lb. trash tag system, to become effective January 1, 2010, at their meeting on
December 9, 2009, and
WHEREAS, the Chamberlain’s Office has requested a two month delay in order to have
new trash tags printed and distributed, to allow time to educate the public on the change
Board of Public Works Page 2 December 16, 2009
Special Meeting/Committee of the Whole
to one tag, to provide residents an exchange period to convert their old tags into new
tags, and generally reduce the conflicts and trash tag violations that result when the
change over occurs very quickly, now therefore be it
RESOLVED, That the Board of Public Works moves the implementation date for the
2010 trash tag system from January 1, 2010, to March 1, 2010.
Carried Unanimously
On a motion, the special meeting was adjourned at 5:04 p.m. and the Board
reconvened into their regular Committee of the Whole meeting to discuss the following:
Power to Act - Approval of the September 2, 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 September 2, 2009 Board of Public Works
Committee of the Whole meeting be approved as published.
Carried Unanimously
Power to Act - Approval of the November 4, 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 November 4, 2009 Board of Public Works
Committee of the Whole meeting be approved with noted corrections.
Carried Unanimously
Power to Act - Approval of the November 18, 2009 Board of Public Works Voting
Meeting Minutes - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the November 18, 2009 Board of Public Works Voting
meeting be approved with noted corrections.
Commissioner Brock stated she had not been able to thoroughly review the minutes
and requested power to act for approval of the minutes at the January 6, 2010,
Committee of the Whole meeting.
Power to Act - Approval of the November 18, 2009 Board of Public Works Voting
Meeting Minutes
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the Board grant itself Power to Act on the approval of the November
18, 2009 Board of Public Works meeting minutes at the January 6, 2010, Committee of
the Whole meeting.
Carried Unanimously
Power to Act – 2010 Hourly Parking Rates – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, the Board of Public Works has considered proposed 2010 rates for
municipal parking facilities in order to meet the adopted 2010 budget revenue
projection; now, therefore be it
RESOLVED, That the Board of Public Works adopts the proposed 2010 municipal
parking rates as follows in the attached table; and, be it further
RESOLVED, That during the Spring of 2010 (May meeting, January to April data) the
Board of Public Works shall review the revenues generated by, and the use levels of,
these parking facilities in order to assess and determine whether further adjustments
are required to meet revenues for the balance of 2010; and be it further
RESOLVED, That a West End Parking Permit system be established for the surface off-
street parking lots located on Inlet island and on Fulton Street, effective July 1, 2010 at
a proposed quarterly rate of $60; and be it further
Board of Public Works Page 3 December 16, 2009
Special Meeting/Committee of the Whole
RESOLVED, That all monthly permit charges in all parking facilities shall be increased
annually in future years by 3 percent on January 1st unless the Board of Public Works
directs otherwise hereafter and the schedule of all changes is set forth in this document.
Monthly Permits
Actual
2009 Rates
Effective
8/1/09
Proposed
2010 Rates
Effective
1/1/10
Proposed
2010 Rates
Effective
8/1/10
Seneca Garage,
Day and Night
All Levels $76.00/mo $80.00/mo $80.00/mo
Contract with Hotel1 $45.03/mo $45.03/mo $46.38/mo
Contract with Ciminelli2 $76.00/mo $80.00/mo $80.00/mo
Contract with Thomas3 $76.00/mo $80.00/mo $80.00/mo
Green Street Garage,
Day and Night
All Levels $64.00/mo $70.00/mo $70.00/mo
Contract with Ciminelli2 $50.50/mo $50.50/mo $50.50/mo
Contract with Thomas Assoc.3 $50.50/mo $50.50/mo $50.50/mo
Cayuga Street Garage,
Day and Night
All Levels, including long-term
storage $54.50/mo $56.00/mo $56.00/mo
Contract with Ciminelli2 $44.90/mo $44.90/mo $44.90/mo
Contract with County (Library)4 $44.90/mo $44.90/mo $44.90/mo
Contract with Thomas Assoc.3 $44.90/mo $44.90/mo $44.90mo
Premium Area Rates $100.00 $103.00/mo $103.00/mo
Dryden Road Garage
Day 6:00 a.m. – 9:30 p.m. $107.00/mo $110.00/mo $110.00/mo
Night 6:00 p.m. – 6:00 a.m. $107.00mo $110.00/mo $110.00/mo
Day and night (24 hours) $214.00/mo $220.00/mo $220.00/mo
Other Non-Meter Permit Parking
Contract with County (DSS)4 $44.90/mo $44.90/mo $44.90/mo
Weekly Rates
Actual
2009 Rates
Effective
1/1/09
Proposed
2010 Rates
Effective
1/1/10
Proposed
2010 Rates
Effective
8/1/10
Seneca Garage, Day and Night $23.00
Green Street Garage, Day and Night $20.00
Dryden Road Garage, Day OR Night $32.00
Dryden Road Garage, 24 Hours $64.00
Hourly Rates5
Actual
2009 Rates
Effective
8/1/09
Proposed
2010 Rates
Effective
1/1/10
Proposed
2010 Rates
Effective
6/1/10
Proposed
2011 Rates
Effective
1/1/11
Seneca, Green, Cayuga Street Garages6
0 – 1 0 0 $.50/hour $1/hour
Every hour
thereafter $1/hour $1/hour $1/hour $1/hour
Maximum $10/day $10/day $10/day
Dryden Road Garage
0 – 24 $1/hour $1/hour $1/hour $1/hour
Maximum $12/day $15/day $15/day $15/day
Dryden Road Summer Rates (June 1 – August 15)
0 – 24 $0.75/hour $0.75/hour $0.75/hour $0.75/hour
Maximum $12/day $15/day $15/day $15/day
Board of Public Works Page 4 December 16, 2009
Special Meeting/Committee of the Whole
Hourly Rates5
Actual
2009 Rates
Effective
8/1/09
Proposed
2010 Rates
Effective
1/1/10
Proposed
2010 Rates
Effective
6/1/10
Proposed
2011 Rates
Effective
1/1/11
Bulk Purchase: Garage Tokens
or Value Card
$26.00/
40 hours
$26.00/
40 hours
$26.00/
40 hours
Parking Meters and Pay and Display
Surface Lot: Green
Street Garage7
$1.50/hour
2 hour max
$1.50/hour
No max
$1.50/hour
No max
$1.50/hour
No max
Downtown $1.00/hr
2 hr. max
$1.00/hr
2 hr. max
$1.00/hr
2 hr. max
Collegetown
$1.00/hr
2 hr. max
$1.00/hr
2 hr. max
$1.00/hr
2 hr. max
Thurston & Stewart
Ave. & Edgemoor
$0.25/hr
9 hr. max
$0.25/hr
9 hr. max
$0.25/hr
9 hr. max
Foot Notes
1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annually on 8/1 based
on average increase in other rates, but not more than 3%
2 – Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage
rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250
permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change
for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between
adjustment dates. There has been a decrease in the CPI between August 1, 2008 and August 1, 2009, so no change
has been calculated. We can look at this again next year if the CPI starts going up.
3 – Up to 150 total permits in Green Street and Cayuga Street Garages at lowest permit price available for those
spaces; up to 50 permits in Seneca Street Garage at lowest posted monthly rate for Seneca Street Garage spaces
(Seneca spaces are only available if Green Street and Cayuga Street Garages are full). Thomas Associates is eligible
for volume discount fee structure – not currently applicable. This contract expires October 31, 2010.
4 – The County’s Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) will
remain in effect for ten (10) years, or for as long as the building at 101 East Green Street is owned by the County
and used for public library purposes, whichever period is shorter. Both parties agree to work in good faith to
negotiate a successor agreement at the expiration of this agreement. The rate charged is the lowest rate charged to
anyone. The agreement was signed November 28, 2000, so expires in November 2010. County’s DSS agreement
for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016.
5 – Fees charged: Downtown garages, 2:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and
Green Street Surface Lot, 24 hours / 7 days.
6 – The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for
which the City charges TC3 88 percent of posted rates for the accumulated parking fees.
7 – In 2010, the pay station for the Green Street Surface Lot may be changed to accept credit cards, at which time
the hourly rate shall be increased to $2 per hour.
Commissioner Schlather addressed the audience regarding the proposed elimination of
the one hour free parking and the permit parking for Inlet Island Parking Lot. He
explained that the Board was charged with the responsibility of establishing parking
rates and it was a very tight budget year. He further explained that the City was
counting on the revenues from the parking rates to fill a $200,000 hole in the budget
and the proposal in the Mayor’s budget was to eliminate the free parking. He stated
that the Board, along with the Downtown Ithaca Alliance, had looked at other ways to
increase revenues so the free parking would not have to be eliminated but still increase
revenues, but that the highest amount that could be estimated was $115,000, leaving a
$85,000 hole that needed to be filled.
Commissioner Schlather further explained that other possibilities were to keep the hour
free parking but increase parking hours two through five to $1.25 per hour. He further
stated that the Board could re-examine the revenues and parking rates again in the
Spring.
Board of Public Works Page 5 December 16, 2009
Special Meeting/Committee of the Whole
Commissioner Schlather addressed issues surrounding the West End surface parking
lot by explaining that the City recently invested $150,000 to upgrade that lot. He stated
that the Board had consistently emphasized to the merchants that there must be a
solution to the parking there that would not be exclusively paid for by City taxpayers.
He further stated that the expected revenue from the surface lot at the West End was
minimal, and he suggested removing the third Resolved clause from the resolution to
allow the merchants the opportunity to work out a solution to the parking issue with City
staff.
Discussion followed on the floor regarding the West End parking issue, amending the
resolution to remove the third Resolved clause regarding the proposed permit parking
for the West End area, the proposal to eliminate the one hour free parking, and the
amount of municipal aid being withheld by the State. Mayor Peterson noted that the
resolution stated that the parking rates would be reviewed again by May 2010 and the
rates could be modified at that time, if needed, and also stated that she preferred the
Resolved clause regarding the West End be clear about the next steps, rather than
eliminating the clause.
City Controller Thayer joined the Board for the discussion of this item. He explained
that at least $200,000 of State funding for the City would be withheld by the State this
year, sales tax revenues are continuing to decline due to the economy, there is a deficit
of over $2,000,000 annually in the parking subsidy, and the City must come up with a
way to cover those funds. He expressed his belief that there are inefficiencies in the
City’s parking system that need to be reviewed and possibly modified.
Supt. Gray explained that parking in the City is heavily subsidized by the State and in
the past, merchants had been able to purchase coins or tokens to give patrons to
provide them free parking. He stated that the Board has an obligation to set rates that
meet the budget, and if that cannot be completed for the parking rates, the resolution
should be tabled until a set of rates can be created that meets the needs of the budget.
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the third Resolved be amended to read as follows:
“RESOLVED, That a West End Parking System be established in 2010 in conjunction
with the effected parties for the surface off-street parking lots located on Inlet island and
on Fulton Street;”
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
Commissioner Schlather stated that he agreed with the Mayor and it is important to
formalize the Board’s commitment to address the parking issue and this amendment
would establish the foundation for that.
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Hourly Rates Chart be amended to read as follows:
Hourly Rates
Actual
2009 Rates
Effective
8/1/09
Proposed
2010 Rates
Effective
1/1/10
Seneca, Green, Cayuga Street Garages6
0 – 1 0 0
Every hour
thereafter $1/hour $1/hour
Maximum $7 $10/day
and be it further
RESOLVED, That the Second Resolved be amended to read as follows:
Board of Public Works Page 6 December 16, 2009
Special Meeting/Committee of the Whole
“RESOLVED, That during the Spring of 2010 (May meeting, January to April data) the
Board of Public Works shall review the revenues generated by, and the use levels of,
these parking facilities in order to assess and determine whether further adjustments
are required to meet revenues for the balance of 2010 including possibly implementing
a higher per hour fee for hours two through five in the garages effective June 1, 2010, in
consultation with staff and other effected parties;”
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
Mayor Peterson stated that she would vote in favor of the amendment only for unanimity
of the Board, but also as long as she received a commitment from the Board and staff
that tasks are followed through in order to make up the $200,000 that would not be
achieved from charging for the first hour of parking, such as installing more signs
directing patrons to parking garages, ensuring the ticket machines are working correctly,
and fully staffing the garages.
Amending Resolution:
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the Weekly Rates chart be amended to read as follows:
Weekly Rates
Actual
2009 Rates
Effective
1/1/09
Proposed
2010 Rates
Effective
1/1/10
Seneca Garage, Day and Night $23.00 $24.00
Green Street Garage, Day and Night $20.00 $21.00
Dryden Road Garage, Day OR Night $32.00 $33.00
Dryden Road Garage, 24 Hours $64.00 $65.00
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Resolution Resulted as Follows:
Carried Unanimously
Power to Act – Appeal of Sidewalk Assessment for 118 Linn Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, Donald Spector & Stacia Zabusky, owners of 118 Linn Street, received a
2008 sidewalk assessment for sidewalk work completed adjacent to their property, and
WHEREAS, a sidewalk defect notice dated June 29, 2007, was sent to the owners, and
WHEREAS, on behalf of both owners, Donald Spector spoke at the March 4, 2009,
Public Hearing and submitted a clarification letter dated May 13, 2009, at the request of
the Sidewalk Task Force to appeal the assessment; and
WHEREAS, a subcommittee of the Board of Public Works has met with staff, and
reviewed information provided by the owners and staff regarding the appeal; now
therefore be it
RESOLVED, That the Board recognizes that the city’s sidewalk crew completed the
sidewalk replacement work, and determines that the owner is responsible for payment,
and be it further
RESOLVED, That the Board hereby denies the request to expunge the sidewalk
assessment for 118 Linn Street, and be it further
RESOLVED, That the sidewalk assessment including the 25% administrative fee
required by City Code remain at $3,760.04.
Board of Public Works Page 7 December 16, 2009
Special Meeting/Committee of the Whole
Assistant Civil Engineer Yost joined the Board in the discussion of this item.
Commissioner Schlather requested that City Attorney Hoffman present information
regarding whether the City followed City Charter laws regarding notification to the
owners in 2007. He expressed his opinion that if the City did not follow Charter
requirements, then the City could not seek collection of the fees.
Motion to Enter Into Executive Session – Resolution
By Commissioner Brock: Seconded by Commissioner Wykstra
RESOLVED, That the Board enter into Executive Session for Advice of Counsel.
Aye (5) – Peterson, Tripp, Brock, Wykstra, Jenkins
Nay (1) – Schlather
Abstentions (0)
Carried (5-1)
Reconvene
The Board reconvened into regular session at 6:14 p.m. with no formal action taken.
Commissioner Schlather explained that City Attorney Hoffman was requested by the
Board to review the City Charter that was in effect at the time the sidewalk work was
completed in 2007, and he requested that City Attorney Hoffman explain his findings.
City Attorney Hoffman explained that the City Charter gave property owners the option
to repair their sidewalk after a public hearing was held. Assistant Civil Engineer Yost
stated that a public hearing was not provided for the homeowners of 118 and 120 Linn
Street prior to repairs being completed. Commissioner Schlather then expressed his
opposition to the resolution.
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Resolved clauses be amended to read as follows:
“RESOLVED, That the Board recognizes that the City’s sidewalk crew completed the
sidewalk replacement work, and determines that the owner received the value of the
replacement work but is not responsible for payment because of defective notice, and
be it further
RESOLVED, That the Board hereby approves the request to expunge the sidewalk
assessment for 118 Linn Street.”
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted as Follows:
Carried Unanimously
Appeal of Sidewalk Assessment for 120 Linn Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Schlather
WHEREAS, Bryn Lovejoy-Grinnell, owner of 120 Linn Street, received a 2008 sidewalk
assessment for sidewalk work completed adjacent to her property, and
WHEREAS, sidewalk defect notices were sent on June 29, 2007 to a former owner and
to Bryn Lovejoy-Grinnell on July 25, 2007, and
WHEREAS, Bryn Lovejoy-Grinnell appealed the assessment by letter dated February
23, 2009 and by speaking at the Public Hearing held on March 4, 2009. Eric Rosario of
228 S. Geneva Street also spoke regarding this appeal at the Public Hearing on March
4, 2009, and
WHEREAS, a subcommittee of the Board of Public Works has met with staff, and
reviewed information provided by the owner and staff regarding the appeal; now
therefore be it
Board of Public Works Page 8 December 16, 2009
Special Meeting/Committee of the Whole
RESOLVED, That the Board recognizes that city’s contractor completed the sidewalk
replacement work, and determines that the owner is responsible for payment; and be it
further
RESOLVED, That the Board hereby denies the request to expunge the sidewalk
assessment for 120 Linn Street; and be it further
RESOLVED, That the assessment for 120 Linn Street including the 25% administrative
fee required by City Code shall remain at $4,233.19.
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Resolved clauses be amended to read as follows:
“RESOLVED, That the Board recognizes that the City’s sidewalk crew completed the
sidewalk replacement work, and determines that the owner received the value of the
replacement work but is not responsible for payment because of defective notice, and
be it further
RESOLVED, That the Board hereby approves the request to expunge the sidewalk
assessment for 120 Linn Street.”
A Vote on the Amendment Resulted as Follows:
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted as Follows:
Carried Unanimously
Commissioner Wykstra expressed his desire to work on a new sidewalk program
process. He further expressed his concern that because of a technicality, the
homeowners of the above properties were not required to pay for the repairs completed
on their sidewalks. He noted that a lot of staff and volunteer time was spent
researching the appeals for the Board as well.
Power to Act – Commons Clock Towers – Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, at its meeting on October 14, 2009, the Board of Public Works decided to
solicit offers of sponsorship from City businesses, for the repair of the currently non-
functional time and temperature devices that are affixed to the three towers at the
entrances to the Ithaca Commons, in exchange for which the selected sponsor would
be entitled to place its business name and logo on the three faces of each clock tower,
for a period of no more than two years; and
WHEREAS, the Board received one such offer of sponsorship, from Tompkins Trust
Company, for the amount of $20,000; and
WHEREAS, on or about October 26, 2009, the City’s Building Commissioner
determined that such postings on the City-owned towers would constitute “billboards’
under the City’s zoning ordinance, and cannot be erected or maintained without a
variance; and
WHEREAS, on November 4, 2009, the Board voted to accept the offer from Tompkins
Trust Company, and requested that the Superintendent submit an appeal requesting the
necessary variance, on behalf of the Board; and
WHEREAS, such an appeal was submitted by the Superintendent, which appeal
specifies the intended size and location of the postings; and
WHEREAS, at its meeting on December 1, 2009, the Board of Zoning Appeals granted
the requested variance for the sponsor postings, for a period of two years; now
therefore be it
Board of Public Works Page 9 December 16, 2009
Special Meeting/Committee of the Whole
RESOLVED, That the Mayor, upon consultation with the Superintendent and the City
Attorney, is hereby authorized to negotiate and execute a license agreement (including
the usual terms and conditions, to the extent they are applicable to this situation) with
the selected sponsor (together with any necessary, related papers), provided such
agreement is consistent with the terms of the afore-mentioned Board resolutions,
solicitation and offer of sponsorship, and variance.
Aye (5) – Peterson, Schlather, Brock, Wykstra, Jenkins
Nay (1) – Tripp
Abstentions (0)
Carried (5-1)
Power to Act – The Choice of a Consultant for the Water Plant Design and
Construction - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, the Board of Public Works is interested in implementing the City’s decision
to rebuild the Water Treatment Plant in conformance with the Final Environmental
Impact Statement prepared by O’Brien & Gere Engineers and finalized by the Board’s
adoption on May 27, 2009, and
WHEREAS, the Board has reviewed O’Brien & Gere’s proposal to amend the current
contract for Engineering Services dated December 9, 2005, as amended to date, to take
the conceptual or schematic design concept developed during the environmental review
and convert it to the preliminary design (30% complete) where process design, building
design, needed mitigation measures, energy and dollar budgets, as well as initial cash
flow and project timelines are developed and communicated, and
WHEREAS, the proposal indicates that the next phase of work to carry out the project
design to a 30% complete milestone has a budget of $375,000 and represents the first
step in the design and construction phase services, which are currently estimated at a
cost of $2,500,000 (12 ½% of an estimated $20,000,000 construction cost), and
WHEREAS, the prior effort required to convert the Draft Environmental Impact
Statement into the Final Environmental Impact Statement, and then support the City’s
decision-making process in 2009 was greater than that estimated in the 2007 budget for
the work, now therefore be it
RESOLVED, That the Board of Public Works hereby amends the current budget for
Engineering Services during the Scoping and Environmental Review Phase from
$701,000 to $791,000, and be it further
RESOLVED, That the Mayor, in consultation with the Superintendent and the City
Attorney, is authorized to sign an amendment to the current contract for Engineering
Services dated December 9, 2005, as amended to date, in order to undertake the
preliminary design services that will carry the project to approximately 30% complete in
the project design, as outlined in O’Brien & Gere’s letter proposal dated December 11,
2009, in an amount not to exceed $375,000, and be it further
RESOLVED, That the funds for this work shall be derived from Capital Project 510,
Water Treatment Plant Improvements.
Commissioner Schlather explained that he reviewed the contract dated December 9,
2005, and urged the Board to review Schedule A of that contract which references
design services as Task 3 for the water treatment plant. He expressed his opinion that
the City should continue with O’Brien & Gere Engineering as consultants on the project,
who has a wealth of information and has already spent an exceptional amount of time
learning about Ithaca and the water plant project.
Extensive discussion followed on the floor regarding reviewing the contract with O’Brien
& Gere, the process of obtaining design services, the possibility of sending out a
Request for Proposals (RFP) for design services and the length of time it might take to
Board of Public Works Page 10 December 16, 2009
Special Meeting/Committee of the Whole
go through the RFP process. Mayor Peterson expressed her strong desire for a review
of the consulting firm to be completed through the RFP process quickly so as not to hold
the rest of the project up.
Supt. Gray stated that O’Brien & Gere is charging 12.5% of the $20,000,000 project,
and he believes this type of project would normally cost 17-18% for design services. He
further stated that Mayor Peterson and City Attorney Hoffman should meet with O’Brien
& Gere to review the current contract and funds spent to date on the project. He
expressed his opinion that a consultant working on a project at the magnitude of the
water plant project must be the best, not necessarily the cheapest.
City Attorney Hoffman explained that the contract in 2005 was authorized by Common
Council and it was his opinion that it is now legally binding but it does not include Task 3
(design services), and does not include anything beyond the services already performed
and paid for related to environmental review. He further explained that the law requires
that there be a competitive process for professional services so the taxpayers’ interests
can be protected. He stated that the review process must be followed to protect the
City from allegations of favoritism.
O’Brien & Gere Consultant Rick Gell joined the Board in the discussion of this item. He
expressed his appreciation that the City has an open transparent process, and his belief
that process could be followed with the current contract. He further expressed his
opinion that he would be happy to participate in a review process of the current contract.
Call the Question
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Question be called on the choice of a consultant for the water
plant design and construction.
Aye (5) – Schlather, Tripp, Brock, Wykstra, Jenkins
Nay (1) – Peterson
Abstentions (0)
Carried (5-1)
Main Motion:
A Vote on the Main Motion Resulted as Follows:
Aye (5) – Schlather, Tripp, Brock, Wykstra, Jenkins
Nay (1) – Peterson
Abstentions (0)
Carried (5-1)
Mayor Peterson stated that she would not sign the agreement, and that she would
discuss the agreement with Common Council.
Power to Act – Departure of a Fellow Board of Public Works Commissioner –
Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
WHEREAS, dog poop, parking rates, sidewalk repairs, clock towers, water supply,
when it comes to doing what we ought ter, we count on Ray Schlather, and
WHEREAS, lengthy pro bono, well-argued advice, Ray’s arguments have taught us to
be commissioners, not mice, and
WHEREAS, attention to detail, to the nearest penny or inch, has been the purview of
our Atticus Finch, and
WHEREAS, Ray’s quick mind, gracious manner, knowledge, and concern for the public
we will miss, staff, mayor and Gougakis? now therefore be it
RESOLVED, That the Board of Public Works thanks Ray Schlather for this leadership,
insight, creativity, passion and many hours dedicated to public issues during his tenure
as a Commissioner.
Board of Public Works Page 11 December 16, 2009
Special Meeting/Committee of the Whole
Commissioner Schlather recused himself from the vote.
Carried Unanimously
Commissioner Schlather stated that it had been a real pleasure and very fulfilling for
him to work with everyone on the Board of Public Works. He further stated that he is
grateful to the Mayor for giving him the opportunity to be a commissioner. He further
stated that he has a special place for his colleagues on the Board who take time out of
their busy lives, who are not being paid for their time, and who volunteer when needed.
He expressed his appreciation for the opportunities he received while serving on the
Board and noted how the work performed on the Board added value to his life.
Power to Act – Appeals of Sidewalk Assessments – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
RESOLVED, That the Board grants itself Power to Act on the appeals of the sidewalk
assessments for 122-124 Linn Street, 128 Linn Street and 405 & 407 North Aurora
Street at the January 6, 2010, Committee of the Whole meeting.
Carried Unanimously
Shopping Cart Graveyard – No Action
This item was not discussed.
Possible New Art/Mural under the Aurora Street Bridge – Discussion
This item was not discussed.
Clinton Street Bridge Project – Update – No Action
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned at 7:05 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor