HomeMy WebLinkAboutMN-BPW-2008-08-06BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 4:55 p.m. August 6, 2008
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Chapman, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Coles
DAC Liaison – Roberts
Executive Assistant - Gehring
Excused:
Assistant Superintendent of Streets and Facilities - Ferrel
Additions/Deletions To/From the Agenda:
Supt. Gray requested that Item 2, GIAC Basketball Court, and Item 3, DeWitt Park
Rules, be removed from the agenda. He stated that more detailed information will be
provided at a later date regarding the GIAC Basketball Court. He explained that a
neighborhood meeting would be held on August 12, 2008 at the Community Building at
the Ithaca Housing Authority property from 5:00 to 6:15 p.m.
Award of Bid for Hudson Street Overlay – Resolution:
By Commissioner Chapman: Seconded by Commissioner Tripp
WHEREAS, bids were received on July 29, 2008 for Hudson Street Overlay, Capital
Project (CP 705), and
WHEREAS, staff has reviewed the bids received and recommends award, now
therefore be it
RESOLVED, That the City of Ithaca Board of Public Works hereby awards the Hudson
Street Overlay Project to Bothar Construction, LLC, 170 East Service Road,
Binghamton, New York, for their low bid meeting specifications of $143,579.00.
Discussion followed on the floor regarding the City’s past experiences working with
Bothar Construction.
A vote on the resolution resulted as follows:
Carried Unanimously
Request for Encroachment Agreement/License at 711 East Seneca Street –
Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, the law office of Reihlman, Shafer and Shafer, representing the sellers
(Thaddeus and Claire Kuczinski) in a pending sale of the property at 711 E. Seneca
Street, in the City of Ithaca, has requested an encroachment agreement/license for an
existing garage which appears to extend a maximum distance of approximately eight-
tenths of a foot into the City right-of-way for North Quarry Street, the encroachment
being approximately 30 feet in length, as shown on the survey map prepared by
Kenneth A. Baker, originally dated January 25, 1988, as amended July 9, 2008, and
WHEREAS, it appears that the garage in question has been in existence in its current
location for decades, and appears to be at least three feet clear (to the west) of the
public sidewalk on the west side of North Quarry Street, and
WHEREAS, the Superintendent has reviewed the request and does not anticipate any
conflicts due to the existing encroachment at this location, in the near future, now
therefore be it
August 6, 2008 Board of Public Works Committee of the Whole Meeting Minutes Page 2
RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon
consultation with the City Attorney, to sign a revocable encroachment
agreement/license for the existing garage at 711 East Seneca Street, containing the
usual terms and conditions, and be it further
RESOLVED, That the encroachment agreement shall not be subject to a fee at
this time, per the City’s current practice with regard to such agreements for existing,
minor encroachments associated with residential properties, but that the agreement
shall specify that at any time in the future it may become subject to new license/use
fees or other requirements established by the Board as the result of its review of
encroachments and license agreements, which review is anticipated to be completed in
2008.
Discussion followed on the floor regarding the encroachment agreement request.
Attorney Hoffman explained that the City of Ithaca receives this type of request on a
regular basis. He stated that in this case, the building is clear of the sidewalk by at least
three feet and there are no current plans to change the sidewalk.
Commissioner Schlather stated that he reviewed the resolution and feels it is in keeping
with past practices of the city for this type of request and encouraged the Board to
approve the request.
A vote on the resolution resulted as follows:
Carried Unanimously
On a motion, the special meeting was adjourned at 5:10 p.m. and the Board
reconvened into their regular Committee of the Whole meeting to discuss the following:
Mayor’s Communications
The Mayor introduced the subject of gas drilling in the Marcellus Shale in the southern
tier that runs from Tioga County into Tompkins County. She stated that she is
interested in finding out how the drilling for natural gas would affect the city’s water
supply and noted that a potential for natural gas supply in that area may not outweigh
the potential for water contamination. The Board agreed to include this topic as a future
agenda item once more information is obtained.
University Avenue – Discussion:
Members of Cornell University staff, Shirley Egan and John Gutenberger, joined the
Board’s discussion of the University Avenue draft resolution. City Attorney Hoffman
distributed two documents to the Board: a Proposed Resolution and the July 31, 2008,
Draft Contractual Agreement. City Attorney Hoffman explained the changes to the
agreement (noted in italics), and which had been found acceptable to Cornell Counsel.
After reviewing and discussing all of Cornell’s proposed changes, Commissioner
Schlather distributed a draft of the July 31, 2008, contractual agreement that included
his proposed changes. Commissioner Schlather was insistent that the City insert a
Right of Reverter clause in the agreement so that the property can be returned to the
City’s ownership if, in the future, Cornell decides it does not need University Avenue any
longer.
Supt. Gray stated that both parties desire to have the property in someone’s hands and
if Cornell does not need it anymore, the road would probably be returned to the City so
the road can be properly maintained.
Commissioner Wykstra questioned why the City and Cornell are pursuing a contractual
agreement and not a right of way.
Commissioner Schlather re-iterated that he does not support the agreement.
This item will be on the agenda for consideration at the next Board of Public Works
meeting on August 13, 2008.
Ithaca College Athletics & Events Center – Discussion
This item was not discussed.
August 6, 2008 Board of Public Works Committee of the Whole Meeting Minutes Page 3
Cayuga Lake Water Monitoring Presentation:
Roxy Johnston, from the Water Treatment Plant and Water Shed Coordinator for the
City of Ithaca, addressed the Board to discuss the Monitoring Plan for the southern end
of Cayuga Lake. She stated that the Water Resources Council formed a committee to
review the plan and they discovered over 60 monitoring locations at the south end of the
lake because multiple organizations were conducting research that was previously
uncoordinated. She further stated that the monitoring plan recognizes those efforts and
will look for ways to reduce duplication of efforts and save resources.
Discussion followed on the floor regarding specific monitoring tests, contaminants, and
storm water drainage that occurs throughout the southern end of Cayuga Lake.
Ms. Johnston explained that data obtained through this monitoring plan would be in a
data sharing program where data would be shared through various means, including
news articles, community education and online through the Water Resources Council.
She further explained the purpose of the discussion today was to request support from
the Board for the monitoring plan.
Verizon Cell Tower @ Streets & Facilities – Discussion:
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned at 6:43 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor