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