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HomeMy WebLinkAboutMN-BPW-2006-06-21BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Continuation of June 14, 2006 Regular Meeting 5:03 p.m. June 21, 2006 PRESENT: Mayor Peterson Commissioners (6) - Chapman, Dotson, Jenkins, Romanoff, Schlather, Wykstra OTHERS PRESENT: Superintendent of Public Works - Gray Deputy City Controller - Andrew Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer –Whitney Common Council Liaison – Coles Executive Assistant – Grunder EXCUSED: DAC Liaison – Roberts ENCROACHMENT AGREEMENT – 115 PEARL STREET – RESOLUTION City Attorney Hoffman reported that several requests have been made by the attorneys representing both the seller and the buyer of the property at 115 Pearl Street in regards to the proposed encroachment agreement provided by the City. He stated that an updated survey of the property had revealed additional encroachments. Supt. Gray stated that the pipes covered under the easement were installed approximately 20 years after the building was built, meaning that the foundation and chimney already existed and the proposed easement agreement should have noted this. He further stated that there should be no problem meeting the requests of the attorneys. Encroachment Agreement Resolution By Commissioner Chapman: Seconded by Commissioner Romanoff WHEREAS, the City of Ithaca holds a 15 foot -wide easement for water and sewer mains across the property at 115 Pearl Street, and WHEREAS, the owners of 115 Pearl Street, Daniel S. Baird and Heather E. Baird, in the process of preparing for sale of the premises, recently discovered that a new survey of the premises shows that the house thereon encroaches upon the City’s easement by 0.4 feet, and the chimney thereon encroaches upon the City’s easement by 1.7 feet, and the utility meters thereon encroach upon the City’s easement by 0.7 and 0.9 feet respectively which encroachments preexisted the installation of water and sewer mains at that property, and WHEREAS, the area of said encroachment by the house is not needed by the City for the purpose of maintaining the water and sewer lines which lie within the easement, now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor to execute an Amended Easement for the premises at 115 Pearl Street, which shall exclude from the City’s easement the area currently occupied by the house, the chimney and the utility meters at that address, as shown on the most recent survey thereof. Carried Unanimously LICENSE/ ENCROACHMENT AGREEMENT – 136 TERRACE HILL – RESOLUTION City Attorney Hoffman reminded the Board that this issue was tabled at the last meeting due to a discrepancy between the square footage provided by the Planning Department and the valuation formula that should be used. Discussion followed on the floor regarding the use of this land should the encroachment or license agreement be approved. Board of Public Works – June 21, 2006 - Page 2 It was agreed that Commissioners Chapman, Schlather, and Wykstra as well as Alderperson Coles would form a sub-committee to review license agreement policies. License Agreement Resolution By Mayor Peterson: Seconded by Commissioner Romanoff WHEREAS, the owner of premises known as 136 Terrace Hill, namely, Jason Fane, seeks to subdivide the property; and WHEREAS, the current and previous owners of this property have used a portion of the adjacent, public right-of-way of Prospect Street, immediately to the west and south of the carriage house, for off-street parking; and WHEREAS, approximately 8 parking spaces, together with part of a stone retaining wall and an iron pipe fence running between the parking area and the sidewalk, are contained within the public right-of-way, and an estimated total square footage of 1,650; and WHEREAS, in conjunction with the subdivision process, the owner has requested a license from the City for continued use of the public right-of-way for such parking, together with the retaining wall and fence; and WHEREAS, the Board of Public Works is in the process of revising its method of calculating the fee for such licenses, in order to establish a more comprehensive level of consideration; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor to execute a license agreement with Jason Fane for his continued use of the aforementioned right-of- way, upon the terms customarily included in City license agreements, and with the inclusion of the following: 1. The initial license shall expire on December 31, 2006, and shall automatically renew for subsequent periods of one year thereafter, unless either party notifies the other of the intention not to renew, at least one month prior to the end of each annual term. 2. The initial license fee shall be calculated by staff, as soon as is practicable, using the method which has been customarily used by the City, except that, in order to accommodate the owner’s timetable for completion of the subdivision, staff may rely on a smaller than usual number of comparable properties in making this calculation. 3. The license shall make the licensee responsible for repairing any damage to the sidewalk that crosses the entrances/exits to the parking lot, within 30 days of the date of notice from the City directing such repair. And, be it further RESOLVED, That a committee comprised of staff and Common Council appointed by the Mayor shall make every effort to recommend a revised license fee formula by October 1, 2006, such that the new formula can be used to calculate fees for 2007, for this and all other licenses. Ayes (6) Chapman, Dotson, Jenkins, Romanoff, and Wykstra and Mayor Peterson Nays (1) Schlather A vote on the Resolution resulted as follows: Carried 6 – 1 Commissioner Schlather stated that he could not support this resolution until the Board established more long term and established principles pertaining to leasing City property for private gain in a non-competitive bidding process. Board of Public Works – June 21, 2006 - Page 3 REDBUD WOODS PLAQUE – RESOLUTION Supt. Gray reported that the location of the boulder, which was originally proposed as a site for the plaque, has not been determined. Commissioner Schlather reported to the Board that Cornell had indicated in recent communications that they would be willing to place the boulder and the plaque on their property at an agreed upon location providing that the wording was acceptable. Alderperson Coles reported that the Red Bud Woods Group was not interested in placing the plaque anywhere but on City property on or near the Red Bud Woods Property. Discussion followed on the floor regarding the proposed wording of the plaque. Redbud Woods Plaque – Resolution By Commissioner Schlather: Seconded by Commissioner Chapman WHEREAS, members of the community have approached the Board, requesting permission to place a granite boulder with a memorial plaque dedicated to the former Redbud Woods in the right-of-way for University Avenue at their cost, now, therefore be it RESOLVED, That the Board of Public Works grants permission for a monument dedicated to Redbud Woods consisting of a granite boulder on City property, with a plaque based on the following wording submitted on June 21, 2006, and that this permission is contingent on a final review and approval of the wording, the boulder size, and the proposed placement on University Avenue by the Board’s Chair in consultation with community members and Committee members. “In Memoriam: Redbud Woods The Land before you was once home to the extended family of Robert H. Treman, Creator of parks and protector of green spaces throughout Tompkins County. The woodland, which grew up here, was inhabited for decades by diverse fauna and more than fifty-plant species, including numerous redbud trees. The woods were cherished by many. This plaque has been erected by Ithaca community members in memory of this cherished woodland in cooperation with Cornell University the owner of the land (July 2006)” “Remember these trees… Remember all who tried to save them.” Further discussion followed on the floor regarding the proposed wording for the plaque. Commissioner Dotson stated that she was in favor of the wording submitted by John Schroeder on June 21, 2006. Motion to Substitute Original Resolution By Commissioner Dotson: Seconded by Commissioner Romanoff RESOLVED, That the following resolution be substituted for the original resolution: “WHEREAS, members of the community have approached the Board, requesting permission to place a granite boulder with a memorial plaque dedicated to the former Redbud Woods in the right-of-way for University Avenue at their cost, now therefore be it RESOLVED, That the Board of Public Works grants permission for a monument dedicated to Redbud Woods consisting of a granite boulder on City property, with a plaque based on the following wording submitted on June 21, 2006, and that this permission is contingent on a final review and approval of the wording, the boulder size, and the proposed placement on University Avenue by the Board’s Chair in consultation with community members and committee members.” Board of Public Works – June 21, 2006 - Page 4 “In Memoriam: Redbud Woods The land before you was once home to the extended family of Robert H. Treman, creator of parks and protector of green spaces throughout Tompkins County. A woodland here was inhabited for decades by diverse fauna and more than fifty- plant species, including numerous redbud trees. Redbud Woods was razed on July 20, 2005 by the Cornell administration to build a parking lot. This plaque has been erected by Ithaca community members in memory of this cherished woodland. “Remember these trees… Remember all who tried to save them.” Ayes (5) Nays (2) Carried Commissioner Dotson voiced her reasons for supporting the Substitute Resolution. She stated that she did not believe that cooperation had existed between Cornell and the Redbud Woods group and that the plaque should not suggest that. Commissioner Schlather stated that he had three major concerns with the Substitute Resolution. First, was the expressed criticism of Cornell University. Second, was the precedent that this establishes for the legitimate use of private property by the property owner. He stated that this could be avoided by reflecting that the property owner did cooperate. Third, were the phrases “In Memoriam” as well as “Remember the trees… Remember all who tired to save them”. He stated that these phrases are overly emotional and suggestive of violent incidents, which did not happen. Mayor Peterson stated that there were other very important issues on the agenda for today’s meeting and requested that further discussion on this topic be continued at a another meeting. The Board agreed to discuss the final wording of the plaque at a special meeting. Motion to Table By Commissioner Chapman; Seconded by Romanoff RESOLVED, That the Resolution be tabled pending a special meeting of the Board scheduled for June 28, 2006 at 4:45 pm. Mayor Peterson and Commissioner Schlather requested that the Board consider scheduling discussion of this item at the July 5, 2006 Committee of the Whole meeting to allow them to attend the meeting. They further requested that the Board consider giving itself Power to Act on this item at that meeting as well. A vote on the Motion resulted as follows: Ayes (0) Nays (6) Abstentions (1) Failed 0-6-1 Motion to Table By Commissioner Romanoff; Seconded by Commissioner Schlather RESOLVED, That the Resolution be tabled until the July 5, 2006 Committee of the Whole meeting of the Board scheduled for 4:45 pm and be placed as the first item on the agenda for discussion and possible vote. Commissioner Dotson questioned whether work would be done to draft wording on the plaque in the meantime and requested that the draft be given to Board members at least 24-hours prior to that meeting for review. Board of Public Works – June 21, 2006 - Page 5 Mayor Peterson appointed the following members from the Board to serve on the subcommittee to work on the draft wording for the plaque: Commissioner Wykstra, Alderperson Coles, Commissioner Dotson, Commissioner Schlather, and John Schroeder of the Redbud Work Group, as well as a member from the Cornell University Administration. A vote on the motion resulted as follows: Carried Unanimously Power to Act By Commissioner Romanoff: Seconded by Commissioner Schlather RESOLVED, That the Board of Public works gives itself the power to act on the Redbud Woods Plaque at the July 5,2006 meeting. Carried Unanimously STREET STRIPING MACHINE – AWARD OF BID – RESOLUTION By Commissioner Romanoff: Seconded by Commissioner Jenkins WHEREAS, bids were received on April 18, 2006, for a Street Striping Machine to replace a unit currently in service. Two bids were received but only one met the published specifications. Both submissions exceeded the budgeted amount for the striper replacement, and WHEREAS, staff has evaluated the bid submissions and arranged to cover the expenses above the budgeted amount for the purchase, now, therefore be it RESOLVED, The award of bid for a street striper is granted to JCL Equipment, 915 Trumbull Street, Xenia, OH 45385 for their bid of $64,000 to provide a Model HRL-50 Highway Marking Machine that meets the specifications submitted by the department, and be it further RESOLVED, That funding of the purchase is from the authorized amount in the 2006 Capital Equipment fund #494 plus $5,000 from the sale of the old unit to the City of Cortland and $4,000 from Capital Project #483, 2005 Equipment Purchases, and be it further, RESOLVED, That the Assistant Superintendent for Streets and Facilities be authorized to enter into the purchase agreement. Carried Unanimously Commissioner Wykstra left the meeting. MILLING AND REPAVING ELIMRA ROAD - AWARD OF BID - RESOLUTION By Commissioner Dotson: Seconded by Commissioner Romanoff WHEREAS, bids were received on June 20, 2006, for milling and resurfacing approximately 4,000 linear feet of Elmira Road from just south of the Spencer Road intersection north to the entrance road for Wal-Mart and Lowe’s, and WHEREAS, the 2006 General Fund Budget included capital funds of $554,000.00 for the project, now therefore be it RESOLVED, The contract for milling and resurfacing Elmira Road is awarded to Suit- Kote Corporation, 1911 Lorings Crossing Road, PO Box 5160, Cortland, NY 13045- 5160 for their low submitted bid of $426,331.00, and be it further RESOLVED, That the Assistant Superintendent for Streets and Facilities be authorized to enter into and administer the contract. Carried Unanimously Board of Public Works – June 21, 2006 - Page 6 DRYDEN ROAD GARAGE REHABILITATION – AWARD OF BID – RESOLUTION By Commissioner Schlather; Seconded by Commissioner Jenkins WHEREAS, bids were received on June 20, 2006 for rehabilitation of Dryden Road Parking Garage including structural concrete repairs, deck coatings and door replacement, and WHEREAS, alternate prices were submitted for completing the work within 60 calendar days in order to minimize the duration of the project and reduce the cost to the City, and WHEREAS, the 2006 General Fund Budget included capital funds of $460,00 for the project, and WHEREAS, Crane – Hogan Structural Systems, Inc., 3001 Brockport Road, Spencerport, NY 14559 submitted a total base bid of $361,710, and WHEREAS, Crane – Hogan Structural Systems submitted a bid alternate 1 – garage closure option for a deduct of $16,000, now therefore, be it, RESOLVED, the contract for Dryden Road Parking Garage Rehabilitation is awarded to Crane – Hogan Structural Systems, Inc., 3001 Brockport Road, Spencerport, NY 14559 for their low submitted bid of $345, 710.00, and be it further, RESOLVED, That the Superintendent of Public Works be authorized to enter in and administer the contact. Supt. Gray reported to the Board on the proposed project. Discussion followed on the floor regarding the timeline for the project and ways to reduce the impact of the project on Collegetown. Amending Resolution By Commissioner Schlather: Seconded by Commissioner Romanoff RESOLVED, That the last whereas clause be removed from the resolution, and be it further RESOLVED, That the first resolved clause be amended to reflect a total project budget of $361,710. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 7:10 p.m. Debbie Grunder Carolyn K. Peterson Executive Assistant Mayor