HomeMy WebLinkAboutMN-BPW-2008-06-04BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Committee of the Whole Meeting 4:45 p.m. June 4, 2008
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works – Gray
Assistant Superintendent of Streets and Facilities - Ferrel
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
DAC Liaison – Roberts
EXCUSED:
Executive Assistant – Myers
Hearing of Persons before the Board
John Schroeder, City of Ithaca, chair of the Planning and Development Board
addressed the Board on behalf of the Planning Board regarding the proposed work on
the trolley tracks in the center of the Ithaca Commons. He reiterated the verbiage of the
resolution provided to the Board that was passed by the Planning Board at their last
meeting.
Sally Grub, member of the Public Art Commission, addressed the Board on behalf of
Public Art Commission regarding the proposed work on the trolley tracks in the center of
the Ithaca Commons. She reiterated main points of a resolution passed by the Public
Art Commission at their last meeting requesting that the Board allow the Public Art
Commission to advise the Board on the repairs for the Commons Trolley Track.
Richard Driscoll, Vice Chair of the Public Art Commission, addressed the Board and
stated that he supported both the resolution supported by the Planning Board and the
Art Commission.
Response to the Public
Commissioner Schlather stated that the Board is aware of the Visual artist Rights Act
(VARA) and has discussed that no work will be done on the trolley track until limitations
are clear and permissions are obtained. He stated that the Board would not take any
action regarding the trolley track repairs until the Public Art Commission has advised
them.
Supt. Gray stated that the bid documents were sent out, with options for repairs to the
trolley tracks, in order to get the necessary information and get some of the work
underway. He stated that he has understood that the Board was not fully prepared to
take action on the repair to the trolley tracks at this time.
Short Term Commons Repair Project Bid Award – Resolution
Supt. Gray stated that despite concerns for the Trolley Track the bid for the repairs,
without the alternate options relating to the Trolley tracks needs to be approved at this
meeting in order to allow work to begin and be completed during the construction
season. He stated that even if the Board were prepared to award the alternate bid
options to repair the Trolley Tracks they would not be able to do so as the basic repairs
already take up all the funds budgeted for in the project.
Discussion followed regarding the amount of time the City would have to take action on
awarding the alternate options that relate to the Trolley Tracks if they award the bid for
the basic repair project at this time.
Further discussion followed regarding the safety risks posed by the stainless steel
trolley tracks and possible solutions.
Resolution
By Commissioner Schlather; Seconded by Commissioner Wykstra
WHEREAS, the condition of pavement on the Ithaca Commons led to approval of
$120,000 in capital project funds to implement short-term repairs, and
WHEREAS, discussions with contractors, city staff, Project Coordination Committee,
Commons Advisory Board, Board of Public Works, Downtown Ithaca Alliance, the
business community and the public led to desire for a low-impact approach to repairs,
and
WHEREAS, funds have been allocated for the design of a larger scale project to
address defects on the Ithaca Commons that are beyond the scope of this project, and
that project is progressing,
WHEREAS, McPherson Builders, Inc of Ithaca, NY submitted the low bid of
$111,075.90 for base bid, $20,547.00 for Bid Item Alternate 8-A and $47,472.00 for Bid
Item Alternate 9-A, now therefore be it
RESOLVED, That the Board of Public Works directs the City Engineer’s Office to award
the base bid contract for Ithaca Commons – Short Term Repair Project in the amount of
$111,075.90, to McPherson Builders, Inc of Ithaca NY.
Discussion followed regarding the values of artist’s rights versus public safety.
Further discussion followed regarding the need for water and sewer repairs that also
need to be conducted under the trolley tracks as well as throughout the Commons.
Assistant Civil Engineer Yost stated that a decision needs to be made during June in
order for the funding to be approved by Common Council and the work to be completed
during the 2008 season.
Resolution to Amend
By Commissioner Schlather; Seconded by Commissioner Tripp
RESOLVED, That a final resolved clause of the resolution read “That the Board of
Public Works, requests that the Public Art Commission, with a target date of August 1,
2008, make timely recommendation for the reconstruction of the Trolley Sculpture in a
manner that is within the constraints of the Visual Artists rights Act (VARA) that
addresses the current safety concerns while preserving the sculpture’s essential
aesthetic qualities and all the layers of its original artistic meaning.”
Carried Unanimously
Vote on Main Resolution as Amended
WHEREAS, the condition of pavement on the Ithaca Commons led to approval of
$120,000 in capital project funds to implement short-term repairs, and
WHEREAS, discussions with contractors, city staff, Project Coordination Committee,
Commons Advisory Board, Board of Public Works, Downtown Ithaca Alliance, the
business community and the public led to desire for a low-impact approach to repairs,
and
WHEREAS, funds have been allocated for the design of a larger scale project to
address defects on the Ithaca Commons that are beyond the scope of this project, and
that project is progressing,
WHEREAS, McPherson Builders, Inc of Ithaca, NY submitted the low bid of
$111,075.90 for base bid, $20,547.00 for Bid Item Alternate 8-A and $47,472.00 for Bid
Item Alternate 9-A, now therefore be it
RESOLVED, That the Board of Public Works directs the City Engineer’s Office to award
the base bid contract for Ithaca Commons – Short Term Repair Project in the amount of
$111,075.90, to McPherson Builders, Inc of Ithaca NY, and be it further,
RESOLVED, That the Board of Public Works, requests that the Public Art Commission,
with a target date of August 1, 2008, make timely recommendation for the
reconstruction of the Trolley Sculpture in a manner that is within the constraints of the
Visual Artists rights Act (VARA) that addresses the current safety concerns while
preserving the sculpture’s essential aesthetic qualities and all the layers of its original
artistic meaning.
Carried Unanimously
Midura Creek Wall Repair Encroachment Resolution
Commissioner Schlather expressed concern over approving the encroachment. He
stated that he had looked at the site and felt strongly that the wall should be built in a
straight line, which would not require the proposed encroachment.
Further discussion followed regarding the decision about the encroachment and the
position of the new wall in relation to the old wall.
Resolution
By Commissioner Tripp; Seconded by Commissioner Schlather
WHEREAS, Beth C. Midura (“Midura”) is the sole owner of a parcel of land with
improvements thereon, in the City of Ithaca, County of Tompkins, State of New York,
commonly known and designated as 108 Linn Street, Ithaca, New York, and Tax Map
Parcel No. 49-6-2, which premises are bounded on the north by Cascadilla Creek; and
WHEREAS, Cascadilla Creek and its contiguous area are considered to be part of the
City’s public property and as such are under the control and jurisdiction of the City of
Ithaca and its Board of Public Works; and
WHEREAS, a laid-up stone retaining wall was at some time – more than 75 years ago –
constructed along or in proximity to the northerly boundary of Midura’s property, along
the southerly edge of Cascadilla Creek; and
WHEREAS, on or about March 28, 2006, a portion of said retaining wall in the vicinity of
the Midura property collapsed, and remains in a state of disrepair; and
WHEREAS, the parties have agreed and stipulated that Midura shall completely
reconstruct the collapsed and damaged wall, for the full length of the Midura north
property line, pursuant to a professional design for the same and as soon as possible
(but by no later than September 28, 2008); and
WHEREAS, the designers of the reconstructed wall (Elwyn & Palmer, Consulting
Engineers, PLLC) have proposed a curvilinear design intended to place the new wall in
essentially the same location as the existing, damaged wall, which design shows a
portion of the new wall (and the fill behind it) extending a maximum of approximately 2.5
feet north of the straight-line boundary and then-extant wall as depicted in a 1994
survey of the premises and which are so-described in the 1994 deed to Midura; and
WHEREAS, based on measurements of the distance between the wall and the
improvements on the Midura property, and other evidence (including a 1965 survey
referenced in earlier deeds, showing a curved wall), it appears that the
existing/damaged wall did not actually follow the precise, straight-line course depicted
(for the first time, in 1994, with a single, named bearing) in the afore-mentioned survey
and deed, and that the proposed, new wall will not constitute a substantive change in
actual location or a new encroachment upon City property; and
WHEREAS, the parties agree that it is in their mutual best interest for the wall to be
repaired and reconstructed as soon as possible, in order to provide security to the
Midura property and other property downstream thereof; now therefore be it
RESOLVED, That the Board of Public Works make the following determinations:
1. The new wall, as proposed, will be in essentially the same location as the wall
it replaces, the north face of which wall has historically been considered to be the
northerly boundary of the Midura property.
2. Notwithstanding other documentation to the contrary, the parties agree that
the main, north face of the new wall shall be deemed to be the boundary between the
lands of Midura and the lands of the City.
and be it further
RESOLVED, That the Mayor, upon the advice of the Superintendent of Public Works
and the City Attorney, be and hereby is authorized to execute an Easement and
Boundary Line Agreement, between the City and Midura, which agreement shall recite
the determinations set forth above and which includes the following provisions:
1. Midura shall have the right to reconstruct the afore-mentioned wall in the
location depicted on the construction drawings prepared by Elwyn & Palmer, Consulting
Engineers, PLLC, including that entitled “Site Plan Retaining Wall Elevation ( S1),”
dated April 28, 2008 (as submitted to the City’s Building Department, in an application
for a building permit), subject to the issuance of a building permit by the Building
Department.
2. To the extent that any portion of the new wall (e.g., the bottom “ledge” that
protrudes approximately six inches toward the creek, or the footer) encroaches upon
City property as defined herein, the City shall permit such encroachment, for as long as
the new wall remains in place, is maintained in sound repair and is reasonably deemed
to be sufficiently protective of adjoining or proximate property.
3. Midura shall have the right to enter upon the public Cascadilla Creek area to
the extent which may be necessary to effectuate proper maintenance of or repairs to the
wall.
4. Midura shall agree that she will have sole responsibility for maintaining and
repairing the wall in question, as needed to protect her and other property, and to
indemnify and hold the City harmless with regard to any claim that may arise - after the
date of execution of this agreement - out of the repair, restoration or maintenance
thereof, out of Midura’s obstructing, encumbering or occupying any portion of the public
Cascadilla Creek area, or out of the failure to repair, restore or maintain said wall.
and be it further
RESOLVED, That this authorization shall be conditioned upon the provision, by Midura,
of a revised construction drawing for the new wall, depicting at least three additional
measurements between the wall and fixed points on the Midura property, including the
northeasterly and northwesterly corners of the house, and a point in the southerly
boundary of the Midura property approximately in line with (i.e., due south of) the east
face of the existing garage on the premises.
Carried Unanimously
GIAC Replacement Basketball Court
Supt. Gray stated that NYSEG will be conducting remediation of coal tar underneath the
existing basketball court. NYSEG has offered to temporarily relocate the court and it
was determined that the most appropriate location for the continuation of programs at
GIAC would be Conway Park. He stated that the court would not be temporary and that
it would be appropriate to keep and maintain the court once constructed. He stated that
further discussions have occurred regarding how a court would impact Conway Park
with groups like the Parks Commission.
Discussion followed regarding the discussion at the Parks Commission meeting.
GIAC Director Fort stated that the basketball court needs to be located near GIAC in
order for the GIAC programming to continue without interruption or greater expense.
Acting Director of Planning and Development Cornish reported that the Parks
Commission was very upset that they had not been consulted on this change. She
further stated that there was an interest on having a basketball court in Cass Park.
Asst. Supt. Street and Facilities Ferrel stated that NYSEG was willing to replace the
court that they were removing for the remediation work but only in an area near the one
they were disturbing. He stated that they would not fund the replacement court if it were
located in a different area of the City.
Mayor Peterson left the meeting at 6:30
Further discussion followed regarding the basketball court and the Parks Commission.
The Board agreed that they would be willing to pass a resolution stating that the
basketball court would be constructed in Conway Park but with input on the exact
location and design from the Parks Commission and the neighborhood.
ADJOURNMENT
On a motion the meeting adjourned at 7:00 p.m.
_____________________
Jessica Myers Carolyn K. Peterson
Executive Assistant Mayor