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HomeMy WebLinkAbout03-17-10 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS COMMITTEE OF THE WHOLE MEETING Wednesday, March 17, 2010 *4:45 p.m.* *Common Council Chambers* 1. Power to Act — Approval of Minutes — 5 minutes 1.1 February 10, 2010, Board of Public Works Regular Meeting Minutes - Resolution 4. Cascadilla Boathouse at Stewart Park — Discussion — 30 minutes Attached is an e-mail and plan for improvements to be made to the Cascadilla Boathouse. Information for discussion. For Your Information - A memo, dated September 11, 2003, written by Assistant City Attorney Khandikile Sokoni, regarding Power to Act Resolutions as used by the Board of Public Works is attached. W.J. Gray, P.E. March 19, gnin Page 1 2. Power to Act - Water Plant Project Implementation — Discussion and i3ossible Resolution — minutes WHEREAS, the Board of Public Works passed a detailed resolution on July 8, 2009, adopting the Rebuild Option and requesting Common Council to authorize funding as needed to implement this project, and WHEREAS, Common Council passed an equally detailed resolution on October 14, 2009, adopting the Rebuild Option, which recognized the responsibility of the Board of Public Works for the improvement of the City's water system, subject to Council's direction and review, and which conditioned its adoption of that option on the implementation of the mitigation measures identified in Council's findings statement, and WHEREAS, the Board of Public Works, following its review of O'Brien & Gere's proposal for the next phase of work required to implement the two previously mentioned resolutions, passed a resolution on December 16, 2009, authorizing the Mayor to sign an amendment to the current contract for Engineering Services "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 WHEREAS, • date the work authorized under Addendum IV to the current contract has been an abbreviated work program centered on water quality pilot-related activities outlined in O'Brien & Gere's letter dated January 11, 2010, with an interim budget of $200,000, and WHEREAS, the Board recognizes that other work outlined in the December 11, 2009, proposal must occur concurrently with the pilot study in order to achieve a 30% complete project design by June 2010 as shown in the "Anticipated Implementation Schedule, December 11, 2009" for the broader project, as shown by the approximately 220 hours of effort outlined in the January 11, 2010, letter and the approximately 1,810 hours in the December 11, 2009, letter, now therefore be it RESOLVED, That the Board of Public Works directs the Superintendent of Public Works to enter into the necessary addendums to the existing contract for Engineering Services in order to complete the work anticipated in the Board's resolution of December 16, 2009, with the understanding that the "not to exceed" figure of $375,000 remains, but some adjustment to the implementation schedule may he required. Page 2 1--n le U WHEREAS, staff has reviewed the advertised rates for other golf courses in the area, and WHEREAS, Newman Golf Course rates were not changed last year, and WHEREAS, the Newman Golf Course is not financially supporting itself, causing a financial drain on the community, now therefore be it RESOLVED, That the Board of Public Works adopts the following rates as the new Newman Golf Course rate schedule: 441151Y.-T-T MM Membership Fees Proposed 2010 Fees Staff Recom. 25% Increase Individual Non-Resident $650.00 $ 687.50 Individual Resident $600.00 $ 625.00 Senior Individual Non-Resident $600.00 1 $ 625.00 Senior Individual Resident $550.00 $ 562.50 Domestic Couple Non-Resident $870.00 $ 962.50 Domestic Couple Residents $800.00 $ 875.00 Senior Domestic Couple Non-Resident $870.00 $ 962.50 Senior Domestic Couple Resident $730.00 $ 787.50 Junior Individual Non-Resident $320.00 $ 275.00 Junior Individual Resident $300.00 $ 250. 00 Family Non-Resident $940.00 - - $1,050.00 Family Resident $870.00 $ 962.50 Weekday Only, Non-Resident $460.00 $ 450.00 Weekday Only, Resident $425.00 $ 406.25 Weekday Only, Domestic Couple, Non- Res. $620.00 $ 650.00 Weekday Only, Domestic Couple, Resident $580.00 $ 600.00 College Membership (Ages 18-22) - $ 375.00 _ $ 343.75 (*Restricted weekdays before 4 p.m. w/ college ID and weekends after 12 noon) City Employee $375.00 $ 343.75 And be it further RESOLVED, That these rates will remain in effect until amended by the Board • Public Works. 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At that time it was suggested that the Board of Public Works would be the proper place to start in any discussions about the steps needed to make improvements to the Cascadilla Boathouse. I have attached a short summary of our discussion and our thoughts on the prospects for moving forward with planning for the Cascadilla Boathouse. If possible we would like to present and discuss this at the Board of Public Works meeting on Wednesday, 11/05/2008, which I believe is the next meeting. If that is not possible due to existing agenda items I would certainly understand and ask if we could be placed on a later meeting's agenda. i will let the attached document speak for itself but I would like to summarize by saying our goal is to engage in discussions with the Board of Public Works about the steps needed to proceed with planning and implementing improvements to the facility. Starting with determining what, if any, plans the Board has for the Cascadilla Boathouse at Stewart Park, we would, over time, like to come to an understanding of the steps needed in order to move forward with broader use of the building, under supervised conditions. I will look forward to hearing back from you and please feel free to write or call me at the cell phone below if you have any questions. Thank you, Bruce Fabens Cascadilla Boat Club Ithaca, NY 14850 (C) 607 - 592 -1333 Cascadilla Boathouse at Stewart Park, Ithaca, NY Planning for the Upkeep and Upgrade of the Facility Outline- 1) Executive Summary 2) Opportunities for Improving the Cascadilla Boathouse a) Recommended Maintenance b) Opportunities for Improvement 3) Developing a Partnership for Planning Executive Summary In the context of the Stewart Park Rehabilitation Action Plan, the Cascadilla Boat Club and other interested parties would like to form a partnership with the City of Ithaca to help conduct the planning and funding of maintenance and improvements to the Cascadilla Boathouse at Stewart Park. The goal of this partnership is to continue with the short-term stabilization of the facility while moving forward with the process of making plans for improvements, which could, over time, make the facility more broadly usable by the residents of the City of Ithaca. We would like to start by engaging in discussions with the Board of Public Works about the steps needed to proceed with planning and implementing improvements to the facility. Starting with determining what, if any, plans the Board has for the Cascadilla Boathouse at Stewart Park, we would like to come to an understanding of the steps needed in order to move forward with broader use of the building, under supervised conditions. Opportunities for Improving the Cascadilla Boathouse at Stewart Park The Cascadilla Boathouse serves as an architectural anchor for the western end of Ithaca's Stewart Park and is listed in the National Register of Historic Places. The stabilization, which was performed in 1997, and has allowed continued use of the building is a credit to the City of Ithaca. Cascadilla Boat Club is quite appreciative of being allowed to operate its programs from this location. At this time the Stewart Park Rehabilitation Action Plan has brought together several groups with a strong interest in first initiating discussions and then making plans for improvements and the ongoing maintenance of the building and its grounds. Recommended Maintenance 1) Shingle repair to damage visible on the southeast roof. Although a section of the roof is not completely missing, repair is recommended before leakage causes internal damage. 2) Asphalt grindings are needed at the foot of the boat bay wooden aprons. Gradual erosion causes gaps that make for unsure footing for the public as well as boathouse users. 3) Bank erosion of Cascadilla Creek has progressed at approximately 8 " -12" per year. The north shoreline of the creek was stabilized from the inlet downstream of the footbridge to about the end of the Park circular road. The remaining distance, to the Cascadilla Boathouse and the point, has been eroding at a significant rate. In 2004 two mature willow trees fell into the creek, due to erosion of their root systems. In 2005 the electrical pole that had been on solid land was moved inland out of the water. There is now only about 10" of bank remaining between the pole and the creek. At this rate the access road to the boathouse could be dangerously eroded within two years. Opportunities for Improvement 1) Exterior paint and stain for both weather protection and aesthetic improvement. (The Cornell City and Regional Planning Department's Graduate Program of Historical Preservation Planning has recently taken a lead role in this area.) 2) Plan for 2nd Floor occupancy in four phases Phase 1: A study and design plan for limited, supervised occupancy of the 2nd floor: likely including an additional 2nd floor exit, upgraded electrical and other fire safety and ADA recommendations. The short-term goal would be for indoor workout space by athletes in bad weather. Phase 1 would include studying the possibilities for expanded and more versatile use of the facility by the Ithaca community Phase 2: Cleaning and renovation of the 2nd floor apartment spaces for use as office space by Cascadilla Boat Club or other groups. This could also include some work on the northeast entrance and hallway area. Access to the Youth Bureau and Cascadilla Boat Club spaces on the first floor would need to be reviewed if the building were to be used by other organizations. Phase 3: Additional improvements as needed to the second floor with the goal of community dance groups and community theater groups, gaining access to and use of the space. Occupancy requirements /limits and possible bathroom improvements should have been evaluated by this time. Phase 4: Further renovations to the original architecture including: floor and woodwork refinishing, rebuilding the porches and replacing the small windows in the west wall with doors or larger windows to provide views of the inlet.. 2 In conjunction with the current Stewart Park Rehabilitation Action Plan we believe this is an appropriate time to initiate discussions regarding both specific needs for maintenance and opportunities to make improvements to the Cascadilla Boathouse facility. We recognize that the city is not in a position to allocate great funds for this facility. We also recognize that there are not currently sufficient staff resources in the City to commit to projects regarding the Cascadilla Boathouse. Rather we propose an active and ongoing partnership with the City of Ithaca to develop and review studies and then find funding for both necessary maintenance and potential upgrades to the Cascadilla Boathouse. At an initial meeting with the Board of Public Works we would like to discuss generally what plans the Board has envisioned for the facility. And more specifically we would like to discuss the requirements for safe use of the second floor of the Cascadilla Boathouse under supervised conditions. The goal of this partnership is to engage in the short-term stabilization of the facility while moving forward with the process of making plans for improvements that could, over time, make the facility a more broadly usable facility by the residents of the City of Ithaca. Implementation of the preceding recommendations are all contingent on the collaboration of the City of Ithaca in reviewing, planning, and supporting the search for funding for each of these phases. Cascadilla Boat Club and its partners are very much looking forward to engaging in this process with the City of Ithaca and providing in -kind as well as fundraising support wherever possible. Bruce Fabens Cascadilla Boat Club Ithaca, NY October, 2008 3 To: From: Date: Subject: CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ATTORR, Ey Norma W Schwab, Cit4- Attorney Patricia Dunn, Assistant Cin-Attornev Robert A. Sarachan, Assistant City Attorney Khandikile M. Sokoni, Associate Attorney Dann .M. L. Tordel, Legal Assistant Patricia Dunn, Assistant City Attorney Khandikile M. Sokoni, Associate Attorney zff� September 11, 2003 Telephone: 607/274-6504 Fax: 607;274 -6507 Board of Public Works — Exercise of the "Power to Act" Resolution This memo addresses the issues regarding the Board of Public Works' (BPW) practice of granting itself the power to act at its Committee of the Whole (COW) meetings. .Board of Public Works Pursuant to §C -58(A) of the City Charter, the BPW is comprised of six members nominated by the Mayor, subject to the consent of the majority of Common Council. The Mayor serves as the presiding officer of the BPW. §C -58(H) provides that: "A majority of the members of the Board of Public Works, exclusive of the Mayor, shall be necessary for the transaction of business, but fewer than a majority may regularly adjoum from time to time. The Board shall meet at such time as may be expedient or as it shall from time to time designate. Special meetings may be called by the Mayor or by any three members of the Board by 24 hours' written notice, which may be given either personally or by mail addressed to the places of business or residence of said Commissioners, respectively." Current Practice The BPW currently meets on the lst, 2 °d and 3rd Wednesdays of the month. On the 1St and 3rd Wednesdays they hold what is termed a "Committee of the Whole" (COW) meeting, whereas on the 2nd Wednesday they hold a "Regular Voting Meeting ". I have not been able to discern the origin of this practice although it seems to have been done this way since as far back as anyone can remember (based on my conversations with Julie in the Clerk's Office and Donna Payne in the Superintendent's Office). The only written record I could find that alludes to this meeting arrangement is a January, 1987 BPW resolution outlining the meeting procedures for that year (copy attached). K:\KHANDI\RESEARCH\BPW Power to Act.mem.doc -fin Equal Opportunity Employer with a commitment to n-orkforce diversification." sf The COW and the regular voting meeting consist of the exact same membership. These meetings are only distinguishable in the following ways: BPW Committee of the Whole Meetings BPW Regular Voting Meetings Discussion only; no voting except when a "Power to Act" resolution was passed at a regular voting meeting. Can Vote. No public comment. Public comment allowed. Twice a month. Once a month Staff person takes notes. Minutes taken by the City Clerk's Office. Power to Act. When a matter comes up at a regular voting meeting on which the BPW is supposed to vote but for whatever reason is unable to proceed with a vote then (e.g. if they require more information before voting on a bid, and to wait for a next regular voting meeting would be too late), it is standard practice for the Board to pass a resolution granting itself the "power to act" in order to vote on the matter at a COW meeting. The issue at hand is whether this practice is proper. This practice seems odd but is not illegal. Voting at a COW meeting does not violate any parameters set in the City Charter: The present meeting schedule is permissible according to the terms of Charter §C -58(H) which allows the Board to "meet at such time[s] as may be expedient or as it shall from time to time designate ". §C -58(J) further provides that: "No contract involving the expenditure of moneys shall be made except by vote of a majority of the members of the Board of Public Works. No obligation shall be incurred nor money expended by the Board except by resolution duly passed by a majority of the members thereof. In every case, the resolution and vote thereon shall be recorded in full in the minutes of the Board ". Therefore, provided they have a majority of members present (exclusive of the Mayor) then there is nothing to preclude them from voting of a COW meeting. Unlike committees of Common Council which are a sub -group of the full Council, the BPW COW has the same composition as the full BPW, therefore, formation of a quorum ought not to be an issue. The practice seems odd for two reasons: Firstly, since legally there does not appear to be anything that precludes them from voting at a COW meeting, they should be able to do so without a special "Power to Act" resolution. Secondly, a resolution granting the power to act is a more appropriate tool for a higher authority to delegate it's voting power to a body that does not have the power to do so otherwise. Therefore, it seems strange that the BPW should be giving itself the power to do K:\KHANDI\RESEARCH\BPW Power to Act.mem.doc 2 something. They could get around this awkward arrangement by either revising their meeting procedures to provide for those instances when a vote can be taken at a COW meeting, or alternatively by simply calling a special meeting (provided for in §C- 58(H)1 for purposes of voting when the necessity arises. ' Can be called by the Mayor, or any 3 members of the BPW on at least 24 hours' notice. K:IKHANDI\RESEARCH\BPW Power to Act.mem.doc 3 74 -4- January 14, 1987 REPORT OF ASSISTANT SUPERINTENDENT: Asst. Supt. Fabbroni s_tated that hTis department had survived the recent snow storm and that his employees had an opportunity to use the snow blower; an upj�raded storm sewer would be put in on Linden Avenue; they are planning to replace a section of the Cascadilla Creek wall; renovation of the fourth floor of City Hall is underway; and they are working with Mary Adelman of the Shade Tree Committee, etc.. Mayor Gutenberger asked if Mr. Fabbroni thought the Linden Avenue storm sewer project would cause a major disruption in the traffic flow. Mr. Fabbroni said it should only be a 2 - 3 day project and that he did not anticipate a major disruption. Comm. Nichols reported that at the last Common Council meeting a citizen from Columbia Street said the street was not being plowed. Mr. Fabbroni reassured the Board that the street would be maintained. REPORT OF CITY ENGINEER: City Engineer Gray reported that he had had his "introduction to Civil Service ", that the pre -bid conference will be held on January 15, 1987 regarding the Police Communication Room, and that he was becoming familiar with the local names and ongoing City projects and the monitoring of these projects by staff. Mayor Gutenberger reported that Supt. Dougherty had received a letter regarding the Ithaca Youth Bureau Building from William C. Pahl Construction Company indicating a readiness for "beneficial occupancy by March 31, 1987." Supt. Dougherty responded with a letter dated January 7, 1987, which was to be regarded as official notice that it is his intent "to start moving the Youth Bureau into the subject building on Wednesday, April 1, 1987," and that they should plan their schedules accordingly. Mayor Gutenberger reported that it has been necessary for the Department of Public Works to secure the Strand Treatre building. They were requested by the Building Department to secure the building for safety reasons. REPORT OF THE "COMMITTEE OF THE WHOLE" Comm. Nichols reported that the Boar of Public Works (including Comm. Stone and newly appointed Comm. Daley) met on January 7, 1987 as a committee of the whole to discuss the organization and general procedures for the Board for the coming year. Comm. Nichols presented the procedures that were recommended by the Committee of the Whole and they appear as they were modified after discussion below: "I. For the year 1987 the Board will meet every Wednesday at 4:00 P.M.. The official voting meetings will continue to be the second and fourth Wednesday of every month. On the other Wednesdays the Board will meet as a Committee of the Whole. (Common Council Chambers will be reserved for the Board every Wednesday). This action will eliminate the need for standing committees of the Board. 2. Supt. Dougherty will arrange to have a secretary for the meetings of the Committee as a Whole so there will be notes' of the subjects discussed and of the resulting decisions. The agendas for these meetings and the notes will be distributed to members of Common Council, the Planning Department, and others who should be informed. 75 -5- January 14, 1987 3. Each member of the Board will take responsibility for being particularly well informed about the needs and work of certain areas of the Board's responsibilities. The following division is adopted: Daley - Transit, City Buildings and Properties (leasing, disposal, etc.) Gerkin - Water, Sever, Storm Drains, SJS Nichols - Parking, Traffic Reeves - Solid Waste, Recycling Slattery - Highway (streets and curbs, lighting, trees, snow removal) Vacant - Parks, Streams and Banks, Bridges The responsibility for approval of the audit will be divided among the Board as follows: January and February - Reeves March and April - Gerkin May and June - vacant July and August - Nichols September and October- Slattery Q7 November and December- Daley 4. It is suggested that the Committee Liaisons be those intended by the Mayor except that Daley will fill the vacancy as liaison to the Planning board. Liaisons as follows: Youth Bureau - Reeves Capital Projects Review - Nichols and Reeves Commons Advisory Board - vacant Hydropower Commission - Nichols Planning Board - Daley Special Joint Sewer Committee - Gerkin, Slattery, *Schickel ( *will continue to serve in this capacity) Six Mile Creek Committee - Gerkin Conservation Advisory Council - Daley S. The procedure for approval of payments will be modified in the interests of efficiency. The information will be provided to the Board but the approvals will be made as part of the audit. Awarding of bids will continue as in the past. 6. It is requested that the Mayor place a report from the Board on the agenda of each regular meeting of Common Council, preferably as the 7th item; The Vice Chairman, or his or her designee will report for the Board. Alderperson Hoffman asked if they intended to take official votes since the Board will be meeting as a Committee of the Whole;. official action will take place at the regularly scheduled Board meetings. Resolution By Comm. Nichols: Seconded by Comm. Gerkin RESOLVED, That the procedures presented by the Committee of the Whole, and modified after discussion, be adopted as the procedures to be followed in 1987. WATER AND SEWER COMMITTEE: Request for Ex ungement of Water Penalty A letter has been receive rom Dr. Harold Purdy requesting expungement of the late penalty on a water bill. Resolution By Comm. Gerkin: Seconded by Comm. Nichols RESOLVED, That this letter he referred to Commissioner Gerkin for consideration at the next committee meeting, to be held on January 21, 1987, Carried Unanimously_