HomeMy WebLinkAboutMN-BPW-2007-07-11BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. July 11, 2007
PRESENT:
Mayor Peterson
Commissioners (6) - Jenkins, Dotson, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
Deputy City Controller - Andrew
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Information Management Specialist - Myers
EXCUSED:
Superintendent of Public Works - Gray
Common Council Liaison – Coles
DAC Liaison – Roberts
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the March 1, 2006 and November 15, 2006 Board of
Public Works Meeting- Resolution
By Commissioner Wykstra: Seconded by Commissioner Chapman
RESOLVED, That the Minutes of the March 1, 2006 and November 15, 2006 Board of
Public Works meeting be approved as published.
Carried Unanimously (5-0)
(Alderperson Schlather absent from vote)
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested that the following items be added to the agenda:
8C. Award of Bid for Crawler Dozer - Resolution
8D. Award of Bid for the Annual Chemical Requirements - Resolution
No Board member objected.
MAYOR'S COMMUNICATIONS:
Mayor Peterson reported that trees have been posted on the 100 block of North Aurora
Street for removal due to tree health problems. The City Forester and Mayor Peterson
can be contacted for further information.
Commissioner Schlather arrived at the meeting at 5:00 p.m.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
The following representatives from TCDOG addressed the Board regarding their
request to implement a composting program for dog waste at the off-leash dog park as
well as to state their concerns about the removal of trash cans from the park: Alicia
Plotkin, Katrina Medeiros, Nora Gunneng, and Stuart McDougal.
Jan Aguirre, Town of Ithaca, addressed the Board regarding the provision of spaces for
motorcycles in the parking garages and to encourage the provision of large spots to
accommodate all sizes of motorcycles. She further requested that the outdated signage
that indicated that there is no parking for motorcycles in the garages be removed.
Board of Public Works – July 11, 2007- Page 2
Guy Gerard, City of Ithaca, addressed the Board regarding the meeting schedule for
upcoming Water Plant information sessions. He stressed that meeting notices should
be posted for the public in a timely manner and in an easy way to access. He further
stated that these meetings should take place from 7-9 pm in order to accommodate the
needs of the public.
Jonathan Bernstein, Village of Trumansburg, addressed the Board regarding his
support for instituting a composting program for dog waste at the off-leash dog park and
encouraged the Board to work with the TCDog group to establish the program. He
stated this alternative should be offered to the users of the off-leash dog park to
encourage compliance with established rules for removal of dog waste as the City has
removed the garbage cans.
Fay Gougakis, City of Ithaca, addressed the Board regarding the widening of the 100
block of North Aurora Street and stated that she does not support the project, as it will
create hazards in the area. She further addressed the Board regarding the offense she
felt due to a response that City Attorney Hoffman had given her at a past BPW meeting
concerning bike racks in the Seneca Street Parking garage. She stated that she is
grateful to the Board for providing signage at the bike racks that explain where
motorcycles should park so the bike racks remain free for use by bicyclists.
RESPONSE TO THE PUBLIC
Commissioner Schlather responded to comments made regarding the upcoming Water
Plant meetings and requested that the City ensure that adequate notice and posting of
notices be provided to the public. He further requested that any reports, studies, and
notices regarding the upcoming Water Plant meetings be posted on City’s web page
whenever possible.
Asst. Supt. Ferrel reported that signs are being made regarding where motorcycles are
allowed to park in the garages and should be posted within the next two weeks. He
stated that the spots as currently marked may not accommodate the larger sized
motorcycles so providing space for them still needs to be addressed.
Commissioner Tripp requested that signage prohibiting motorcycles from parking in the
garages be removed as soon as possible.
City Attorney Hoffman responded to comments made about his response at a previous
meeting regarding spaces to park bicycles.
HIGHWAYS, STREETS, AND SIDEWALKS:
A. Approval of Proposed Relocation of University Avenue, Proposed
Exchange of Easements for University Avenue, and Proposed Memorandum of
Understanding Between the City of Ithaca and Cornell University
WHEREAS, the City of Ithaca and Cornell University have been engaged in
discussions, for more than 20 years, about the status and future of University Avenue
(and its extension – Forest Home Drive); and
WHEREAS, the evidence currently available appears to indicate that the underlying fee
title to the land over which a portion of University Avenue (between West Avenue and
East Avenue) runs rests with the University; and
WHEREAS, regardless of who possesses the fee title, a public right-of-way for highway
purposes has long been established in connection with the portion of University Avenue
in question; and
WHEREAS, the City and the University are not in agreement as to the specific nature of
such public right-of-way, due to questions about the status of the Cortland and Seneca
Turnpike, authorized by the NYS legislature in 1812 to be operated along that route, but
with no apparent record of having actually been implemented; and
WHEREAS, actual operation of said Turnpike along this portion of University Avenue
apparently would have left the City with a right-of-way as wide as 66 feet (by statute), as
opposed to the common-law “easement-by-user” which would otherwise have arisen,
with a width based on actual public usage (probably in the range of 25-35 feet); and
Board of Public Works – July 11, 2007- Page 3
WHEREAS, in either case, the height of the public right-of-way appears to be limited to
what would reasonably be required for the safe passage of the vehicles that can be
expected to use this type of roadway; and
WHEREAS, resolution of such historical questions may not be possible without
protracted research and/or legal action, and in fact may never be accomplished with
certainty, due to the passage of almost 200 years; and
WHEREAS, Cornell University wishes to present for review, by the appropriate City
agencies, its proposals for construction of Milstein Hall and the Central Avenue Parking
Structure, both of which affect University Avenue, but neither of which can proceed until
issues of site control are settled; and
WHEREAS, if these projects go forward, the University is willing to rebuild a portion of
University Avenue, and to add to it a bicycle lane and additional sidewalk; and
WHEREAS, it would be in the interest of both parties to resolve and define, without
further delay, the boundaries of the public right-of-way for this portion of University
Avenue, and to address related questions concerning the status and maintenance of
University Avenue and Forest Home Drive; and
WHEREAS, representatives of the City and the University (including the Superintendent
of Public Works) have met and discussed how the City’s concerns regarding the
maintenance of a safe and effective public thoroughfare can be reconciled with the
University’s proposals for Milstein Hall and the Central Avenue Parking Structure; and
WHEREAS, as a result of these negotiations, counsel for the City and the University
have together drafted a proposed Memorandum of Understanding (attached), the
essential terms of which are summarized as follows:
1. To the extent that Milstein Hall and the Parking Structure are approved (by
the Planning Board, Landmarks Commission, etc), Cornell agrees to rebuild a
portion of University Avenue in proximity to Milstein, at its sole cost.
2. The City agrees to allow Cornell to relocate this portion of the street slightly to
the south (by a maximum distance of about 10 feet).
3. The public right-of-way for that portion of University Avenue between Central
Avenue and East Avenue is defined (as to its width, height and general
location – post-Milstein), and the parties agree to set this forth in a written
easement.
4. The easement will be sufficiently wide to accommodate:
a. Two traffic lanes, totaling 22 feet
b. A bicycle lane (on the southerly side) at least 5 feet wide
c. Curbs on both sides
d. A setback of at least 2 feet between the north curb and any supporting
columns for Milstein Hall
e. A sidewalk on the north side at least 6 feet wide (north of the columns)
5. The minimum height of the easement will be 14 feet 8 inches.
6. The City will release its claim to any right-of-way, which lies outside of these
defined boundaries.
7. The City will grant Cornell a permanent easement (within the City right-of-
way) for the columns needed to support Milstein Hall.
8. Cornell will pay for the relocation of any City utilities in the University Avenue
corridor that is necessitated by the street realignment or rebuild.
9. If, in the future, the City incurs extra cost for the repair or maintenance of
University Avenue, due to construction of Milstein Hall above it, or the
construction of the below-grade portions of the Parking Structure, in proximity
to it, Cornell will reimburse the City for those costs. A neutral mechanism for
resolving whether such costs are in fact attributable to Cornell is included.
10. The parties agree to continue to meet to discuss and negotiate a possible
turn-over of University Avenue to Cornell (which would relieve the City of
responsibility for maintenance of the badly-deteriorated road), with a target
date of December 31, 2007, for completing such discussions.
now therefore be it
Board of Public Works – July 11, 2007- Page 4
RESOLVED, That the Board of Public Works, in its capacity as overseer of the City’s
streets, hereby approves of the relocation of a portion of University Avenue (a City
street), as proposed by Cornell University and as illustrated in the attached conceptual
drawing (“Exhibit A – University Avenue Re-Alignment”), dated July 5, 2007; and be it
further
RESOLVED, That the Board hereby approves of the exchange of easements intended
to define and codify the width and height of the public right-of-way associated with that
portion of University Avenue between Central Avenue and East Avenue, as described in
the proposed Memorandum of Understanding between the City of Ithaca and Cornell
University (“Draft (as revised through July 5, 2007)”) and authorizes the Mayor, upon
review by the City Attorney, to execute any and all documents necessary to implement
such exchange; and be it further
RESOLVED, That the Board hereby approves the proposed Memorandum of
Understanding between the City of Ithaca and Cornell University regarding University
Avenue (“Draft (as revised through July 5, 2007)”) and authorizes the Mayor, upon
review by the City Attorney, to execute the same; and be it further
RESOLVED, That the foregoing approvals by the Board are not intended to preclude
any other involved City agency from carrying out its required review of the proposals by
Cornell University to relocate University Avenue or to construct Milstein Hall or the
Central Avenue Parking Structure.
City Attorney Hoffman stated that the issue of site control must be established, and
noted that Cornell University has a strong claim to the underlying title. He further stated
that he has written a proposed Memorandum of Understanding that attempts to address
both parties concerns, establishes what site control the University has, and also
establishes the public right-of-way.
The Superintendent of Public Works had submitted to the Board the following notes
regarding Cornell’s request: “After years of discussion between Cornell and the City
about the status of University Avenue, Cornell became confident enough about its hold
on the land that it proposed the construction of Milstein Hall over University Avenue.
They have approached the City for site-plan review of the proposed structure and the
Planning Board has requested an understanding of the ownership and status of
University Avenue prior to such a review. The City Attorney’s Office and Cornell’s
Corporation Counsel’s Office have exchanged drafts of a Memorandum of
Understanding based on the City Attorney’s current understanding of University
Avenue. One of the important issues during the discussion became how much
clearance between the road and the structure would be required.
During the discussions with Cornell University an improvement to the current University
Avenue was suggested. The current pavement will be widened to provide adequate
space for a dedicated uphill bicycle lane, using a 12’ downhill lane and a 10’ uphill lane
adjacent to a 5’ bike lane. This expands a 22 to 24 foot pavement out to 27 feet.
Vertical clearance to the structure and horizontal clearance to the supporting columns
was discussed. It will be necessary to get the design teams attention to these issues in
order to know what is proposed. There is concern about the idea of building a structure
over a city street.
A review of city-owned utilities in this area only involves a water main and the City will
continue to work cooperatively with Cornell’s Utility Division on this item. It does not
appear that there is any problem with the current design.”
Board of Public Works – July 11, 2007- Page 5
Discussion followed on the floor between the Board, Cornell Counsel, Shirley Egan, and
Architect, Andrew Magre regarding the proposed project, maintenance of the public
right-of-way, various provisions in the proposed MOU, and establishing precedent if the
Board approves the request. Extensive discussion followed regarding how the research
was conducted by both the City and Cornell University and the need to conduct further
research. The Board requested additional time to review the information that has been
presented, and will be provided to them including a listing of other city streets that fall
into this category.
This item will be placed on the August 1, 2007 Committee of the Whole agenda for
discussion purposes; and will then be placed on the August 8, 2007 agenda for review,
discussion and possible vote.
Mayor Peterson expressed her preference, as well as Common Council’s preference,
that the Water Treatment Plant meetings be scheduled from 7-9 p.m. She left the
meeting at 6:15 p.m.
8B. 100 Block North Aurora Street – Status Report
No report was provided at the meeting on this item.
8C. Award of Bid for Crawler Dozer - Resolution
By Commissioner Chapman: Seconded by Commissioner Schlather
WHEREAS, bids were received on June 19, 2007 for one new Crawler Dozer and
WHEREAS, staff has reviewed the bids and recommends that the Board of Public
Works award the bid to the lowest bidder, now, therefore, be it
RESOLVED, That the Board of Public Works awards the bid of the new Crawler Dozer
to Five Star Equipment, Inc; 6500 East Taft Road, East Syracuse, NY 13057 for their
bid of $226,500.00 minus $38,000.00 for trade-in of one 1987 D5H Caterpillar Dozer, for
a total purchase price of $188,500.00, and be it further
RESOLVED, That the Board authorizes the Assistant Superintendent of Public Works,
Water and Sewer Division to enter into a contract with Five Star Equipment Inc. for the
purchase of the Crawler Dozer.
Carried Unanimously
8D. Award of Bid for the Annual Chemical Requirements - Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
WHEREAS, staff received bids for the 2007-2008 Chemical Requirements on June 20,
2007, and
WHEREAS, staff has reviewed the bids and made recommendations for award of bid;
now, therefore, be it
RESOLVED, That the Board of Public Works hereby accepts staff’s recommendation to
award the 2007-2008 Annual Chemical Requirements as follows:
Chemical Vendor Price (per unit & extended)
Primary Coagulant, per pound Applied Specialties $2.570/lb - $102,800
Filter Aid, per pound No Bid
Coagulant Aid, per pound Applied Specialties $3.770/lb - $11,310
Potassium Permanganate, /pound Amrex Chemical, Co. $1.840/lb - $10,120
Ferrous Chloride, per pound Kemira Water Solutions $0.500/lb - $70,000
Ferric Chloride, per gallon Kemira Water Solutions $1.240/gal-161,200
Gas Sulfur Dioxide, per pound JCI Jones Chemical, Inc. $0.430/lb - $11,180
Sodium Hypochlorite, /gallon Surpass Chemical Co. $0.684/gal-$93,195
*Emulsion Polymer, per gallon SNF Polydyne $6.960/gal-250,660
*(subject to bench testing – this is a new chemical this year)
and, be it further
Board of Public Works – July 11, 2007- Page 6
RESOLVED, That the Board hereby authorizes the Assistant Superintendent for Water
and Sewer to enter into agreements for the bid awards.
Carried Unanimously
REPORTS:
A. Council Liaison:
Council Liaison Coles was excused from the meeting.
B. Superintendent and Staff
Dog Waste Composting – Power to Act:
Discussion followed on the floor regarding TC Dog’s offer to raise the necessary funds
to pay for pick up of dog waste that is left at the off-leash dog park by a sub-contractor
and compost it. City Attorney Hoffman explained that this request involves a legal
matter since a contract would need to be awarded to pay the sub-contractor to provide
this service. He feels that it would be more appropriate for TCDog to contract privately
with the sub-contractor for this service.
The representatives from TCDog were unsupportive of this request as their group is
made up of volunteers who do not have the legal expertise to negotiate contracts.
Commissioner Schlather encouraged TCDog representatives to contract directly with
the compost sub-contractor. He further recommended that if a carry in/carry out system
is not taking place at the park and waste is being left there, the Board should either
close the park, enforce the law, or put the cans back, and absorb the costs for disposal.
Power to Act
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board grant itself Power to Act on the request from TCDog
regarding Dog Waste Composting at the Off-Lease Dog Park at a future meeting.
Carried Unanimously
Water Treatment Plant Meeting Time Preference – (5-7 p.m. or 7-9 p.m.)
The Board discussed their own preferences for meeting times with Commissioner Tripp
and Wykstra expressing their interest in the 5-7 pm meeting time.
ADJOURNMENT
On a motion the meeting adjourned at 7:00 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor