The URL can be used to link to this page

Home My WebLink About12-22-10 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Wednesday, December 22, 2010 at 4:45 p.m. in Common Council Chambers -Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Aaenda (Items 1 -5: 15 min. 2. Mavor's Communications 3. Communications and Hearings from Persons before the Board 4. Response to Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 68 Approval of Minutes 1.5,mig.1 6.1 Approval of the December 15, 2010 Meeting Minutes 7. Administration and Communications 80 VOTING ITEMS 8.1 Buildings, Properties., Refuse, and Transit 8.2 Highways, Streets, and Sidewalks) 8.3 Parkins and Traffic 8.4 Creeks, Bridges, and Parks (10 min.) 8.4A Request for Funding to Treat for the Emerald Ash Borer — Resolution 8.5 Water and Sewer 96 DISCUSSION ITEMS, 9.1 Buildings, Properties, Refuse, and Transit (60 min.) 9.1A Fee Schedule for Use of City Property — Update and Discussion Please bring all material previously distributed in the November 30, 2010 agenda. 9.2 Highways, Streets, and Sidewalks 9.3 Parking and Traffic 9.4 Creeks, Bridges, and Parks 9.5 Water and Sewer Board of Public Works Meeting Agenda December 22, 2010 Page 2 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 2746570 at least 48 hours before the meeting. Notes for BPW Item 8.4A- The attached resolution is provided based on my understanding of the Shade Tree Committee's recommended actions in response to the Emerald Ash Borer, and the Board's discussion during the meeting of December 15, 2010. We need to have completed the evaluation and be prepared to inoculate the trees in the spring of 2011, as they leaf out and start to grow. Item 9.1A- Please bring materials for the December 8, 2010 meeting or similar materials that were also provided at our meeting of December 15, 2010. The Board discussion will be used to create the table needed to complete City Code Chapter 170, Use of City Real Property. For Your Information - I have attached copies of the recent correspondence between the- City and Marina Realty of Ithaca concerning the parking easement on Taughannock Boulevard. A copy of the easement and a related map showing the easement were provided- in the agenda for our December 8, 2010 meeting because the board was interested in knowing what agreements existed for parking in the West End. The Board then got Dan Hoffman's response, dated December 15, 2010, to a letter the Board had not seen yet, dated December 13, 2010 from Marina Realty to the Board. It is my understanding of the easement agreement and the terms of City Code Chapter 170 that the BPW would not be involved in a multi year easement agreement, but would be involved if it became a license for use of the Old Taughannock Boulevard ROW. I hope this clears up any confusion that may have occurred because I had not distributed the earlier letters first. W.J. Gray, P.E. Superintendent of Public Works December 17, 2010 The Board of Public Works meets on the second, third and fourth Wednesdays of the month at 4:45 p.m. All meetings are voting meetings, which opens with a public comment period. Meeting agendas are created from prior public input, Department operating and planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Page 2 CREEKS, BRIDGES, AND PARKS: 8.4A Request for Funding to Treat for the Emerald Ash Borer — Resolution WHEREAS, Dr. Nina Bassuk, Cornell professor of Urban Horticulture and Chair of the City's Shade Tree Advisory Committee, appeared before the Board on December 15, 2010 to present the committee's recommendations concerning the Emerald Ash Borer and the imminent danger it presents to the City's urban forest, as well as the potential costs that would be born by the city to remove dead and dying trees if no steps are taken, and WHEREAS, the Emerald Ash Borer has done significant damage to urban areas in the port cities of Chicago and New York City where it was accidently imported during the 1990's in shipping pallets and other wooden materials, and the borer has radiated out from those locations despite significant efforts to eradicate and contain the pest, leading to a significant loss of ash trees in both the urban and rural forests of the Midwest and Northeast, the closest damage being only a county or two away form Tompkins County itself, and WHEREAS, The Board of Public Works is concerned about the potential loss of ash trees in the city's urban forest with both visual and financial impacts, and regards the Committee's recommendation for a professional evaluation (estimated at $2000) followed by an initial inoculation program to treat those trees recommended as candidates for treatment (estimated at $7500 to $11,000 depending on the number and size of trees) as an important step in significantly reducing the impact of the Emerald Ash Borer and the loss of trees within the City (estimated at 200 trees removed in the next three to five years, at $1,200 per tree, for a current liability of $240,000 in the near term), now therefore be it, RESOLVED, That the Board of Public Works recommends that Common Council fund a Tree Inoculation Program in the amount of $12,000 so that the Board may undertake a timely effort to save as many of the city's ash trees as possible, and to reduce the spread of the -. impacts that are certain to be felt as a result of the invasion of the Emerald Ash Borer in our local forests. Page 3 .tna .1. ty of Itha %,W 19 ati -,�woods.% Roa 204 _c d. - �. _-_-_- NIIIY� "1485.0 '(607)�,5,92.0672 FIOWX, (60-7)697 0410 Erna . il gv.- tib204* 1) e cc, 3 0 B (.-)a.rd - o f .� of t-ll.e '-I3-.o-,a.rd.g ---_.= ---I p cm . ^.. ^^'. � . -lfl'SSCIVII-AC.flt - 26OO '__.__` _ __``__I.Cc ___.__� a r.k.1.11 cr�±.��r�_.�^.�_��.- W'4*1 �:_ `, - 9 C' nd �M-a -liel 41.1-tV I 1,11L.'agrect u-N t. Col. Ic -*m.'ncn. y;IS SUCCe443-&�S tUlIy .n nce. b-li . ""s t'(�) t c' w, * -c agrec .1. h-a d tc acces 'I.1, % deve'.l.opt c I..) U pu C U I W to coll.tl.-Ilue t(*.) work.� Wl't. 1. �W *,it j& occU.1,11. .9 111 access.,il dL I .c.t Jr res" c7e. ff f - ') 'D C14"lli A Pi.e. asile vise as to, -e c CISC ad'- y*t:')u-rtnt*, Wl JC1 .5.x'.5 T:��rr�la:r irZockBlvd Itl�.rc�z, r�rr�1a,�s.��r� Fax: (f07)G97 -D = {10 09 I�OC eti�ier 16, 20 �.W.�. Cat-y_ Of Ithaca .108 E. Green Street Zthaca,NY i Re: Exercise ofEaserrYentAgreemeiYt C}p tian Dearr SirJMadan: � -mail: �tev�{,a�hery2t��l,cum A~ WOMW PIcase be advised th at Marina . 72.eaity nf'itl aca,. LL,C: y pro vi d es notice of s inient to w the tu ��ina -yV -a - t -Cft iv -1.4-C nd 1-ie re-ne E�s��nent ts,+:�r�e�n�nt b�t��v� . -� Real.. ur w CCGOCC�e C�.ZU01. ire ttre Ceturit� Clerk's aL*berexecuted. On'June. 1,. 200' d: . .905. page, 32. St��tt�n B . Flasi-�. a 1.()t Of*I.tlu cal. LLC Mer�t�er tt�•ixia M'anager �� ITI1 e t I &J.W-JCA1%k%0 CITY OF I HACA 108 East Green Street Ithaca, New York 14850 -6590 OFFICE OF THE CITY ATTORNEY Daniel L. Hoffman, City Attorney Khandikile M. Sokoni, Assistant CityAttorney Robert A. Sarachan, Assistant City Attorney Patricia M. O'Rourke, Assistant City Attorney Jody Andrew, Executive Assistant December 15, 2010 Stephen B. Flash, Esq. Marina Realty of Ithaca, LLC 204 K11*newoods Road Ithaca, NY 14850 Telephone: 607/274.,6504 Fax: 607/274,-6507 VIA FAX (607 -697 -0410) & FIRST CLASS MAIL Re: Easement Agreement beltween City and Marina Realty of Ithaca, LLC; 90 -Day Notice of Intent to Terminate Dear Steve: I received a copy of your letter dated December 13, 2010, addressed to the Board of Public Works. That letter refers to an earlier letter you submitted to "City of Ithaca," on December 16, 2009. In your 2009 letter, you said you were providing notice of the intent of Marina Realty of Ithaca, LLC, to renew an Easement Agreement with the City that had been executed on June 1, 2001. I reviewed your letters with Mayor Peterson, as well as Superintendent Gray, and the Mayor asked me to respond to you. The Easement A greement that was signed in 2001 was fora 5 -year term, and gave Marina Realty theoption to renew it for three, additional, 5 -year periods. The Agreement stipulated that if Marina Realty wanted to renew, it needed to provide notice of such intent at least 90 days prior to the expiration of the current term. Thus, in order for you to exercise the option to renew for a second term, you were required to provide such notice by March 1, 2006. Clearly,, that did not happen, and you were informed that the City preferred to negotiate a new a Since the 2001 Agreement was not timely renewed, either party may now terminate it upon 90 days notice (per its terms). This letter constitutes notice that the, City of Ithaca 11115 i hereby e right to terminate the herein - described Easement Agreement, effective 90 days from he date hereof (i.e., March 16, 2011). `An Equal Opportunity Employer with a commitment to workforce diversification." �� Marina ReEk of It aca /n.` 204 Kli*newoods Rnad I aca, NY 14850 (607)592"72 `^^~ (6q697=0410 B&AAMS" . December 1522010 -.- Hoffn Esq. `^..'.^'.` ...''`.``'^`.^'~. Ithaca NY 14850 D e D a _n_ so ' am prepared to eet and `,```- of '�* *`^.``/` agreement between th e City and Mann", Realty of Ithaca, (Na B y .r`''.`�°'.ee `�' till ins P ' '-~ '- ' ''-`'--_'�a., I ...'`.,.i..`.`^'`� .`.``.�� I di ._^' ''''' '''-'' -'" .!''� ,'^/a '�''._�rn`,'`'.^`..,e-' extension ^.'...^..``.'`_'`. exten the agree ent is now me ctiv ffe e. The easement i*S C Extension is solely "in S scretion. If we choose to ext n Ci 110 t e lear MR1 ding ct th ty d hav jigh 11111 III a.ny t to say "'that tj! Cityr prefierared to nego te a new agree ent." The December 2009 1* 0 . Notce ins binding on the City as an extension of the easement for le second renewal te= throna'__^`~�- ''-`^.`�...,`,�..~'`/.'',``^....'.,` b ^.e/^-``/` nce-r.'e'''''.'.fights `�. under _'''�,.r,��.',,�.' effectme.'.'�`.'~.''.-``'^'-``-� ' . Axa I %.ed, MRI de relied MUY good faith thatdlea ee entwasve e an I In 0 we continued to Ar3L A B e a eep it open to e public, Under the easement we've so PrrO1NVrnqi le pedes n access to the Po* t of Inlet Island across ate ro ee on the 'de o e restaurvant. We the Coast G d eastern, si Club access on DEC al d d t= th P rking d k gr ry I in f d f th allow PnV P P AY Auxiliaq to park property and allow them to park on the lot we buflt when they choose not to k on the DEC 0 9 P 0 land. The ease ent al o quires us to allow Ci Vehicles to use the turn around t is on our 0 p.nvate prop". I` at loss to understand why the City wo not want us to co 0 ntinue WMW ubhc d ___ a on uld 0 & 0 P fre parkin our pnvate property or how the City would lose mamtm allo 17 9 n ^Aft 0 0 0 prop 9 sP6&%0%I0 d several half P es insid f a I nVa 10 f di I *% IS 0 0 P te t 1 e agreement as it now Is is not :a1t_A=e . As `'s''`''`.�`'''-'''-'''' I a Sect'i'On 108 CDBG I er le auspices of be ^..`,^`.. any eleting we e. It should a * =9 not jzO unnoticed at it is at saine loan that W" d rovi the CDBG 102n "PRW41=0 do a $60 00 i)re. avm & ren== o ell not It c see e s—e w a y. at ts ab I' lent at has worked well for ub d pnvate terests'. Dan-Noffrnan 1.21-1612.010, Page 2 of 2. If the 1t]C411[' C7il teY1Yll119L111g 11115 . af I it ca cic:terix�irie best ro Is d-lcre''aiiy We find - pro-t-ect lfs�.Illticres �,gtv* we call ritllc: t:r.� n�cet nimediatcl }'. Vcrr t yours, -6W i��lstslt - Ste:pl��:t� ' 1:3. Cc: MnycNr I'L Phillt� T�eSalric� Jal�ln C:eacx�asl� W► C.icxy N61-s-Bohn BC�aL'C� o . f 7)Ubl1G' Works.;