HomeMy WebLinkAboutMN-BPW-2014-03-24BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. March 24, 2014
PRESENT:
Mayor Myrick
Commissioners (6) - Jenkins, Darling, Morache, Warden, Goldsmith, Acharya
OTHERS PRESENT:
City Attorney - Lavine
Superintendent of Public Works - Thorne
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Fleming
Information Management Specialist - Myers
Director of Engineering – West
Transportation Engineer – Logue
EXCUSED:
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
MAYOR'S COMMUNICATIONS:
Mayor Myrick announced that the City of Ithaca is Co-Hosting with the New York State
Governor’s Office the “Southern Tier Citizen Preparedness Corps Training Program”.
The training program will take place on Saturday, March 29, 2014, at 11:00 a.m. at the
Statler Hall Auditorium, Cornell University. The program is open to the public and seeks
to provide citizens with the tools and resources to prepare for emergencies and
disasters, respond accordingly, and recover as quickly as possible to pre-disaster
conditions. Each family that attends will receive a NYS Disaster Preparedness Kit that
contains key items to assist individuals in the immediate aftermath of a disaster. The
state training and kits will help New Yorkers be the most-trained and best-prepared
citizens in the country.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD:
James Kerrigan, Retired City Court Judge, addressed the Board regarding the
upcoming retirement of City Court Judge Judith Rossiter on June 6, 2014. She has
been City Court Judge for 20 years. He met her and became aware of her many
positive accomplishments in the community when he was appointed as the other City
Court Judge. In recognition of Judge Rossiter’s many years on the bench and
accomplishments in the community, he would like to propose renaming the City Court
building as the “Judith Anne Rossiter City Court Building”. He will bring the list of
reasons for the request that will make it non-controversial to the Board’s meeting in
April. So, far the response to the idea has been very positive, which is saying something
considering the incredibly diverse population of the City. Her inclusiveness and skill as a
judge, in bringing together so many different elements in the community, is just one of
her many accomplishments.
RESPONSE TO THE PUBLIC:
Mayor Myrick responded that he appreciates the thought of renaming the City Court
Building, and will place the request on the Board’s agenda for discussion at their April 7,
2014 meeting. Mayor Myrick stated that if any Board members had thoughts or
suggestions on the proposal to let him know, and he will connect them with Mr.
Kerrigan.
REPORTS:
BPW Liaison Reports:
Commissioner Acharya reported that there would be a Planning and Development
Board meeting on Tuesday, March 25, 2014 at 6:00 p.m. There is an item on the
agenda regarding a proposed Cornell Heights project that has triggered a lot of
discussion in the neighborhood.
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Staff Reports:
Supt. Thorne reported that work on dredging of the Cayuga Inlet has become a bigger
issue, which staff is working on with the NYS Department of Environmental
Conservation to address some of the issues. There is progress on the Six Mile Creek
dredging project, and they are close to obtaining the necessary permit to begin work.
Supt. Thorne further reported that another dredging item concerns the need for a dam
analysis for the 30’ and 60' dams. A decision will need to be made within the next
couple of months as to whether or not to keep the 30' dam or dismantle it due to the
amount of sediment behind it. The 60' dam needs repairs and there is also lot of
sediment behind it. The City may want to start looking at hiring dredging consultants to
assist in the evaluation and decision on what should be done with the two dams.
Asst. Supt. Whitney reported that there has been more than the usual amount of water
main breaks recently -- 2 to 3 a week rather than 2 to 3 a month. The repair work has
been difficult due to the depth of frozen surfaces that need to be thawed in order to
access the affected pipes. Crews have been running the extra large diameter hose the
City purchased with two different pump systems to get the warm, treated, effluent water
up Cascadilla Creek. This has worked well and helped to clear out the ice in the creeks
so the water can flow easily. The City now has the supplies on hand to deploy at
anytime to use to thaw frozen, ice packed creeks. They are also looking at running a
pipe parallel to Route 13 between Fall Creek and Cascadilla Creek to help mitigate ice
jams in the future.
He further explained that the City provided a dam analysis to NYS DEC for the 60’ dam
that included a schedule for mitigation of problem areas; that same analysis is now due
for the 30' dam this year; next year it will be due for Van Netta dam. He stated that the
City will hire dam consultants to do the analysis on the dams, and in the relatively near
future some big decisions will need to be made about whether or not to continue the use
of either dam, and how to proceed. A lot of the work will need to be coordinated with
the rebuilding of the water plant as well.
Commissioner Goldsmith questioned how much of the dam analysis/work is budgeted
within the Water Plant Rebuild Project? Asst. Supt. Whitney responded that none of the
dam work has been budgeted; only the dredging was -- not the dam stability analysis.
Asst. Supt. Benjamin reported that crews have been busy with removing ice in the
creeks to keep water flowing. They brought in a long reach excavator to use behind
The Haunt - just in case. They are also working to get warm treated effluent water up
Cascadilla Creek, which has been very effective in keeping the ice from building up.
The area between Madison Street and Hancock Street is the area of biggest concern
right now due to the large heavy chunks of ice creek. Crews were interrupted in this
work with the mid week snow storm last week. Fortunately, crews from the Water and
Sewer Department helped patrol the creeks while the crew from Streets and Facilities
worked on the roads to remove snow. Crews are also working to open up the Jungle
area by clearing brush and other debris in an effort to provide better access for
emergency vehicles. They’re hoping that by opening it up more that it will also
discourage its use to as a camping area. They want to complete the work before the
warmer weather brings in new residents.
City Attorney Lavine explained that there are still a lot of issues and paperwork to
resolve with the railroad before the City can proceed with the work in the Jungle area.
He hopes that everything will be settled by next week so that crews can begin work.
A brief discussion followed on the floor regarding the Jungle project. The City wants to
provide access for emergency vehicles, clear it out so that it is more visible, and so the
City has easier access to mow that side of the inlet. The City hopes to discourage
people from using the Jungle to live in, and encourage them to use the services and
housing options available to them in the community.
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Director of Engineering West reported that the Commons project is underway again.
The contractors are currently installing Telecom vaults. The project team is working to
cut back on some of the costs that were in the bid documents for the project that will still
deliver a similar project very close to the one put out to bid. Those negotiations should
be completed next week. He further reported that the 5 traffic signal project for
downtown on either end of Commons and 3 signals on Court Street is out to bid; bids
are due by April 9th.
He stated that a couple contractors came out to give a bid for removal of the pigeon
droppings on the roofs of the buildings in Stewart Park. That work will begin when the
weather is warm enough to have running water at those buildings.
In addition, staff is working on a grant application for next round of TIGER grant money.
The proposed projects include the re-paving of Stewart Avenue, College Avenue,
Albany and Cayuga Streets as well as upgrades to the TCAT facility.
A brief discussion followed on the floor regarding the proposed changes for the
Commons Project to help reduce costs, and whether the Sasaki Team will be able to
provide a revised project, similar to what was proposed at a lower cost. Director of
Engineering West explained that the Commons project team is negotiating with the
contractor to find substitute materials or procedures that would reduce the cost of the
project. For example installation of concrete pavers rather than granite, and in standard
colors as opposed to custom colors. He stated that the Sasaki Team is very concerned
about the cost for the project running over the budget because their reputation is on the
line.
HIGHWAYS, STREETS, AND SIDEWALKS:
Appeal of Snow Removal Bill for 411 Cascadilla Street - Resolution
By Commissioner Acharya: Seconded by Commissioner Goldsmith
WHEREAS, the Board of Public Works has received an appeal of the invoice for
sidewalk snow removal at 411 Cascadilla Street, and
WHEREAS, the Board has reviewed photos and other information provided by city staff
and the owner of the property, and
WHEREAS, it appears that the adjacent property owner failed to timely remove snow as
required by City ordinance, now therefore be it
RESOLVED, That the Board denies the appeal for the expungement of the bill for snow
removal, and be it further
RESOLVED, That the Board directs staff to notify the adjacent property owner of this
resolution and give the adjacent property owner two weeks from the date of notification
in order to pay the fees before penalties are accrued.
Carried Unanimously
Appeal of Snow Removal Bill for 709 North Cayuga Street – Resolution
By Commissioner Warden: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works has received an appeal of the invoice for
sidewalk snow removal at 709 North Cayuga Street, and
WHEREAS, the Board has reviewed photos and other information provided by city staff
and the owner of the property, and
WHEREAS, it appears that the adjacent property owner failed to timely remove snow as
required by City ordinance, now therefore be it
RESOLVED, That the Board denies the appeal for the expungement of the bill for snow
removal, and be it further
RESOLVED, That the Board directs staff to notify the adjacent property owner of this
resolution and give the adjacent property owner two weeks from the date of notification
in order to pay the fees before penalties are accrued.
Carried Unanimously
Board of Public Works Meeting Minutes March 24, 2014
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Approval of Schedule of Assessments Constituting the 2014 Sidewalk
Assessment Roll - Resolution
By Commissioner Acharya: Seconded by Commissioner Darling
WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from such construction and repair, and
WHEREAS the Board of Public Works is responsible for recommending to the Common
Council a budget and schedule of work for each SID district for each fiscal year,
following a public hearing, and
WHEREAS the Board has received a proposed SID assessment roll, budget, and
schedule of work for Fiscal Year 2014, and
WHEREAS the City provided public notice of the SID assessment roll, budget, and
schedule of work in March 2014, and
WHEREAS owners of assessed properties were provided an opportunity to file written
objections with the City Clerk, and present evidence to the Board at a public hearing on
March 17, 2014, and
WHEREAS the Board has given due consideration to the objections, if any, presented
by the property owners in accordance with Section C-73, now, therefore, be it
RESOLVED, That the Board recommends, subject to amendment and approval by the
Common Council, the 2014 budget and schedule of work attached hereto, and be it
further
RESOLVED, That the Board finally approves the schedule of assessments constituting
the 2014 assessment roll attached hereto, which roll the City Attorney shall on behalf of
the Board file with the Common Council in the form of an upcoming Committee agenda
thereof, and which roll shall thereafter be confirmed, as amended, by the Common
Council by local law after a public hearing, creating a lien upon the real property so
assessed.
Carried Unanimously
PARKING AND TRAFFIC:
A Resolution to Grant Hardship for 109 Parker Street for the Residential Parking
Permit System
By Commissioner Darling: Seconded by Commissioner Morache
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted
June 9, 2004 and amended on March 24, 2014, for implementation of the Residential
Parking Permit System (RPPS), which was established by Common Council on May 6,
1998 after an act of the New York State Legislature, and
WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with
the BPW regulations, the BPW may grant hardship requests, and
WHEREAS, on March 10, 2014, the Board of Public Works reviewed and was in
general agreement the request from Mr. Einstein and the recommendation from staff,
now, therefore be it
RESOLVED, That the Board of Public Works hereby grants residents of 109 Parker
Street the ability to purchase permits for the Residential Parking Permit System, in
accordance with the above-mentioned regulations.
Carried Unanimously
Board of Public Works Meeting Minutes March 24, 2014
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A Resolution to Amend the Regulations for the Residential Parking Permit
System
By Commissioner Acharya: Seconded by Commissioner Morache
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted
June 9, 2004, for implementation of the Residential Parking Permit System (RPPS),
which was established by Common Council on May 6, 1998 in accordance Section
1640-e of the New York State Vehicle and Traffic Law, and
WHEREAS, in accordance with Section 260-3 of the City Code, the BPW shall establish
rules and regulations for the designation of residential parking permit areas and the
issuance and use of residential parking permits, and
WHEREAS, the Board of Public Works, on June 9, 2004, adopted a set of Residential
Parking Permit Regulations, and
WHEREAS, the City Clerk has recommended modifications to the regulations to clarify
certain rules about permit issuance and use, among other things, and
WHEREAS, the BPW is in agreement with the proposal, now, therefore be it
RESOLVED, That the Board of Public Works hereby adopts the Residential Parking
Permit System Regulations as proposed by the City Clerk and dated March 24, 2014.
Carried Unanimously
CREEKS, BRIDGES AND PARKS:
Recommendation of Funding to Treat the Tree Infestation in the City Cemetery -
Resolution
By Commissioner Goldsmith: Commissioner Morache
WHEREAS, the City of Ithaca Cemetery has 128 Eastern Hemlock trees, some of which
date back to the creation of the Cemetery, and
WHEREAS, the Hemlock Wooly Adelgid is a non-native invasive insect which can
cause death of native Eastern Hemlock trees in four years or less, and infestation of
many of the trees in the City Cemetery has been confirmed, and
WHEREAS, there is no known natural resistance to the insect among Eastern Hemlock
trees in the North Eastern United States and the infestation of the trees in the City
Cemetery would result in the eventual death of all the hemlock trees there, causing a
substantial environmental and cultural loss to the city, and
WHEREAS, there are pesticide treatment options that have shown to be effective in
reducing the infestation of these insects and allowing for the recovery of the infested
tree, and
WHEREAS, the City Forester recommends a treatment of the hemlock trees in the City
Cemetery using a combination of dinotefuran and imidacloprid applied directly to
infested trees to reduce the infestation and protect the trees for seven or more years,
and
WHEREAS, the infestation will be monitored on an annual basis and treatment may
again be needed in seven or more years, and
WHEREAS, the treatment plan will cost approximately $9,000 with $3,000 coming from
the 2014 budget to pay for a portion of the treatment plan,
WHEREAS, the Board of Public Works has reviewed the information provided by the
City Forester, now therefore be it
RESOLVED, That the Board of Public Works hereby recommends that Common
Council authorize funding the treatment of the Eastern Hemlock trees located in the City
Cemetery, in an amount not to exceed $6,000, to extinguish the Hemlock Wooly Adelgid
infestation.
Carried Unanimously
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Endorsement of the Forestry Master Plan for the City of Ithaca - Resolution
By Commissioner Darling: Seconded by Commissioner Morache
WHEREAS, the City of Ithaca has a progressive, proactive and comprehensive urban
Forestry Program, which has been awarded Tree City Recognition for more than 25
years and the Tree City Growth Award for more than 15 years, and
WHEREAS, the City of Ithaca places a high value on the health of the urban forest and
all the environmental, cultural and economic benefits it provides to the city and its
residents, and
WHEREAS, the City of Ithaca has had a Forestry Master Plan that was last updated in
1996, and
WHEREAS, the City of Ithaca’s Shade Tree Advisory Committee (STAC), with guidance
from the City Forester, recently updated the Forestry Master Plan to include an analysis
of the City Street Tree Inventory as well as recommended arboricultural guidelines, and
WHEREAS, this analysis shows a steady increase in the quality and health of our urban
forest and will help to inform future decision making within the urban forestry program,
and
WHEREAS, the guidelines will guide work involving city trees by city staff as well as
private entities working on or near city trees. These guidelines include specifications for
protecting trees during construction, site preparation for new planting sites, appropriate
tree spacing and planting techniques, and proper construction of tree lawns, tree pits
and parking lot planting islands. The specifications will ensure survival of existing trees
and establishment and success of newly planted trees, and
WHEREAS, the Board of Public Works has reviewed the Forestry Master Plan, now
therefore be it
RESOLVED, The Board of Public Works acknowledges the time and effort that was
committed to the revision of the Forestry Master Plan, Inventory & Guidelines for Public
Trees put forth by city staff and the Shade Tree Advisory Committee, and be it further
RESOLVED, The Board of Public Works hereby endorses the document entitled
“Ithaca’s Trees: Master Plan, Inventory & Arboricultural Guidelines for the Public Trees
of the City of Ithaca, New York” dated February 2014, and be it further
RESOLVED, The Board of Public Works supports the advancement of this document to
seek endorsement by Common Council as well as the presentation of this document to
the Planning and Economic Development Board and eventual inclusion of appropriate
portions of the guidelines into the Site Plan Review Criteria.
Carried Unanimously
DISCUSSION ITEMS:
Request for Lease Agreement for a Community Garden on Floral Avenue:
Cornell Cooperative Extension has submitted a proposal for a new community garden
site on city-owned property located on Floral Avenue along the Flood Control Channel.
Discussion followed on the floor regarding what DPW’s need is in the area, which is to
be able to mow parallel to the inlet about 15’ to 20’ from the bank – this would not leave
a lot of room for the garden area. The garden could be longer if need be to account for
the amount of area DPW needs to mow.
Mayor Myrick stated the Board needs to determine if there is a public works use for
land. If it determines that there isn’t, then Common Council will need to approve the use
of the land and then enter into a lease, settle on a fee and so forth.
The Board encouraged staff to reach out to Cornell Cooperative Extension to discuss
the request further as well as the amount of space they would like for a garden. In
general, most Board members supported the request. A brief discussion followed
regarding whether or not accommodations would need to be made for parking for those
community members who use the garden.
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Appeal of Snow Removal Bill for 214 North Plain Street
The Board reviewed the request and determined that since the City did the work, the
property owner is responsible for the bill. The Board requested that staff prepare a
resolution for a future agenda that will deny the appeal.
House at 967 East State Street:
Bill Gray joined the Board for the discussion of this topic. He explained that this house
has been for sale for the past three years, and recently went on the market again for
sale.
Commissioner Achayra noted that the Board received letters from neighbors that
expressed concern about the use of the property. He wondered if they have been
resolved or are the same issues ongoing? Alderperson Fleming responded that the
concerns are still there; a public meeting was organized in the Fall at GIAC by
Alderperson Brock and both staff and neighbors were there. Some of the concerns
include: neighborhood integrity and truck traffic; although it was noted that there would
always be truck traffic on that street since it is NYS Route 79. NYS Route 79 is the
main east-west highway into and out of the City of Ithaca.
Alderperson Fleming noted that she is ambivalent about what to do with the property.
She understands how it would make sense to utilize it as the water plant is rebuilt as a
construction office. On the other hand, residents who bought houses there knew they
were near a water plant. She also feels that it would be regrettable to take the house off
the property tax rolls. She further noted that Alderperson McCollister (3rd Ward) is
opposed to the use of the property as a construction office during the water plant rebuild
project.
Mayor Myrick stated, as a former representative for that area (4th Ward), he prefers the
option of buying the property for use as the construction office during the rebuild of the
water plant, but would not support its removal which would result in a vacant lot.
Commissioner Goldsmith noted that a public hearing has been proposed so the public
can express themselves to the Board on the options being considered – which are: buy
the property to use as the construction office during the rebuild of the water plant, then
sell the house for private use after that, or demolish the property. Despite the change
and configuration along East State Street, and loss of property tax if taken off the tax
rolls, there may be compelling reasons to have trucks use that property as the main
entrance to the water plant. Both he and Mayor Myrick supported the scheduling of a
public hearing.
Commissioner Morache reiterated the two issues for the Board’s consideration are:
1. Buy the house, and use as the construction office which will save the City $2 million
dollars; and
2. Will it be used for a truck entrance after the water plant has been rebuilt?
He feels that it makes sense to buy the house as the base/construction office.
Bill Gray explained that City staff met with the public/neighborhood so they were aware
of proposal. He stated that if the Board were to go back 5 years to the original meetings
regarding the rebuild of the water plant and redevelopment of existing site that the
residents that showed up then were the Water Street residents that are face-to-face with
the current driveway and water plant. They suggested the driveway into the Water Plant
be reworked so traffic would take a different approach since the grade of the driveway
there is not easy. He would also support inviting neighbors and the public to a hearing
so they provide input on the proposal to the Board. He has been asked if the Board has
the right to the purchase property; the Board is given that authority in the City of Ithaca
Charter. However, Common Council has reserved the right to oversee actions taken by
the Board of Public Works. The original idea was to purchase the property for
construction purposes since it is a very tight construction site. It would be well worth the
time and money to the City to utilize as the construction office. The current owners
bought the house for their daughter who was going to Cornell University. They would be
Board of Public Works Meeting Minutes March 24, 2014
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happy to sell the property to the City since they have been trying to sell it for the past
four years; with no success due to the Novarr Project.
Commissioner Warden stated that if he recalls correctly, for a permanent use of this
property and access, there were convenience and safety issues for trucks coming and
turning around because right now the right-of-way is too narrow for that type of use.
Bill Gray responded that the turning radius on Water Street is not ideal - although
delivery with larger trucks is currently being done there. It is hard for trucks to get onto
Water Street because the houses are so tight to the street.
City Attorney Lavine noted that when and if the City were to sell the property, if it is
purchased for use during the construction of the water plant, that sale would be subject
to Common Council approval. The Board of Public Works can acquire property but not
sell it. The City would use funds already appropriated for the water plant rebuild project
to purchase the property. In addition, the theory that the City would see significant
savings by doing so will be put to the test.
Bill Gray reported to the Board, since budgets can be unpredictable, that the purchase
of the property will save money because the City would have to pay for the use of
construction trailers at a cost of $1,200 a month per trailer. It is also possible that the
City won’t know until bids for the water plant rebuild are submitted in June/July where
the budget stands. He just wanted to say now that the budget discussion is independent
of this discussion. Mayor Myrick supported that statement especially in light of the
analysis and work needed on all 3 city dams. He will meet with Bill Gray, and staff to
review and discuss the project.
Commissioner Acharya noted that he is sort of ambivalent about the proposal. He would
like to see the City think about the totality of project rather than savings. One of
Alderperson McCollister’s potential concerns, which both he and Mayor Myrick share, is
that if the house is removed, the City would be creating a corner where there is nothing
left there. So, it is important, if the City moves forward with that idea, that there is
something there to replace the house that would include some sort of streetscape
design.
Supt. Thorne stated that it would be good to see a couple renderings of what a new
driveway would look like if the property were demolished. The Board supported that
idea noting that East State/Martin Luther King Jr. Street is a very nice foliaged street,
and the area would also need a sidewalk and curb. He also noted that the decision as to
whether or not to tear down the house does not need to be made until next year. The
final decision on ownership can be made at a later date as well.
Alderperson Fleming asked what the logistics of the City purchasing a house that is
currently for sale on the public market; the price can't be public, can it? City Attorney
Lavine responded that the Board and/or Common Council would be entitled to an
executive session with counsel for those discussions; or it could make the statement
that it is only willing to pay fair market value for the property.
Commissioner Darling supports the purchase of the property for use as the construction
office during the water plant rebuild project. After construction is complete the Board
can make a decision as to the permanent use of the property. In the short term, it
doesn't matter what we do in the end, and there is no need for a public hearing to on the
proposal to use the property as the construction office. A public hearing can be held
after that use is no longer needed. He would support purchase of the property for
construction purposes, and continued discussions on the future use of the property.
Discussion followed on the floor as to when the public hearing should be held. One date
proposed was April 7, 2014 at 6:00 p.m. after the Board’s regular meeting. Bill Gray
asked whether the Board might feel comfortable providing direction to the
Superintendent of Public Works and City Attorney after the public hearing is held about
moving forward with the purchase of the property?
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Commissioner Goldsmith responded that he would like the purpose of the public
hearing stated, which is temporary use of the property as a construction office during
construction of water plant, to clarify for the public why it is being held.
Bill Gray noted that if the Board is comfortable, after public hearing on April 7th, then
approving a resolution then would be good. He suspects the purchase offer and
contract can't be entered into without the Boards' vote.
Asst. Supt. Whitney stated that he will need a little time to develop the bid specs with
the engineers for the project (O’Brien & Gere) for use of that property as a construction
office; and to demonstrate to the Board what the cost savings would be for use as the
construction office versus the cost of construction trailers.
The Board agreed to hold its regular meeting on April 7 (the first Monday – rather than
the second) with the public hearing to begin at 6:00 p.m. Then, if needed, it will meet on
April 14th. Otherwise, the next meeting of the Board could be either April 21 or the
regular meeting date of April 28th.
ADJOURNMENT:
On a motion the meeting adjourned at 6:25 p.m.
Sarah L. Myers Svante L. Myrick
Information Management Specialist Mayor