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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