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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