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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