HomeMy WebLinkAboutMN-DAC-2005-03-02 AGENDA
DISABILITY ADVISORY COUNCIL
MARCH 2, 2005
Introductions
Minutes
12:15 David Whitmore, Common Council, TCAT Board
12:45 Joannie Groome and reps from Challenge and the
MR/DD subcommittee
1:00 Lynne Yost, DPW sidewalk program
1:20 David McElrath, BPAC, PAC -- snow and ice PSA
Other Updates
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Putting Ability to Work
February 25, 2005
Larry Roberts
Finger Lakes Independence Center
215 Fifth Street
Ithaca,NY 14850
Dear Mr. Roberts,
Challenge Industries, Inc. and the Mental Retardation and Developmental Disabilities
Sub-Committee of the Tompkins County Mental Health Board are requesting your
assistance in addressing the pedestrian crossing in front of Challenge. While this safety
concern has been discussed with previous`administrations, recent events make it
necessary for us to bring this to your attention.
Pedestrians traveling between East State Street and the Commons regularly cross from
the front of Challenge to the island located between E. State and Seneca Streets. The
great majority of vehicles do not stop at the pedestrian crossing,and'recently the
pedestrian crossing sign was hit by a vehicle coming down the hill and had to be
replaced. Traffic coming down the hill often does not signal whether they are going
straight on State Street, or veering right to Seneca Street, leaving pedestrians at a loss as
to whether it is safe to cross the street. Traffic also typically travels at a high rate of
speed.
At the end of the Challenge program workday, Gadabout vans, residential program vans,
and families arrive between 2:30 and 3:15 to transport workers home. The vehicles lined
up in the driveway and the extra traffic entering this inter.section make crossing the_
intersection even more difficult.
Challenge workers and staff who walk to the bus stop or their cars at this time, along with
other pedestrians, find it extremely hazardous to cross the street. We have had numerous
complaints from Challenge workers with disabilities, concerned family members and
staff from Challenge and other human service agencies about the danger this presents to
all pedestrians, but specifically individuals with physical and cognitive disabilities who
cross here daily.
This safety concern has been raised at Challenge Board Meetings and at the MRDD Sub-
Committee, and both organizations agreed that a formal request would be made to the
City of Ithaca to address this safety issue before a serious incident occurs. Both
organizations are requesting that the following areas be addressed:
402 East State Street, Ithaca, NY 14850, P:607.272.8990, F:607.277.7865, www.aboutchallenge.org
I. Adequate signage on East State Street to indicate there are two lanes, the right for
the right veer onto Seneca only, and the left lane to continue on East State Street
only.
2. More pronounced signage indicating the pedestrian crossing
3. Increased monitoring by police and radar at this intersection
4. Assigmnent of a crossing guard from 2:30 to 3:15 to assure pedestrian safety
Several attempts have already been made to contact both Mayor Peterson and Chief of
Police Signer, but we have not received any response. This letter is also being sent to Bill
Gray, Rick Farrell, John Curatola and Dave Henderson to inform them of this situation
and ask their assistance in addressing this safety concern.
Please feel free to contact either Patrick McKee at Challenge or Carol Booth at the
MR/DD Subcommittee to discuss this matter. We ask that this matter be given prompt
attention.
incerely�
atric Mc ee Carol Booth
Preside allenge Industries, Inc. Chairperson, OMRDD Sub-committee
art e Gol� Joanie Groome
Director of Program Development & Recreation Supervisor, Ithaca City
Quality Assurance, Challenge Ind., Inc. Youth Bureau & OMRDD Sub-committee
Member
SIDEWALK PROGRAM OVERVIEW
Lynne Yost
February 7, 2005 rev. March 2, 2005
EXECUTIVE SUMMARY
In 2000,there were 78 miles of sidewalk and 1521 handicap ramps under City authority
along public streets. Property owners are responsible for all maintenance and repair of
sidewalk adjacent to their properties with the exception of handicap ramps and sidewalk
damaged by tree roots. Because property owners are not always aware of their
responsibilities and if so, don't always prioritize that responsibility;the City has a
sidewalk program. That sidewalk program structures the maintenance of the sidewalk
network. The program involves substantial city staff hours and a single yearly"bulk"
sidewalk repair contract awarded to a contractor. The sidewalk program is labor
intensive to the extent that the value of City staff time is roughly equivalent to the value
of work completed. Sidewalk complaints are accepted year round and added to the
inspection list.
Sidewalk inspections are done as needed. Some inspections are initiated as complaints
and some by staff judgment. Sidewalk notices are sent out once a year in advance of
sidewalk work. Owner responsibility repairs made by the City are billed as assessments
(cost of work plus 25%). Assessments can be several thousand dollars at a single
property.
The City Code contains significant disincentives to new sidewalk construction, making it
a very rare occurrence.
Practically speaking, there was essentially no sidewalk program in 2001, 2002, 2003 and
2004. Approximately $325,000 is currently available in the sidewalk capital project
budget allocation. At this time, approximately 60 sidewalk notices have been mailed for
2005, with more to be sent out in the next month.
CITY CODE HIGHLIGHTS - SIDEWALK
See appendix for more details.
SIDEWALK SYSTEM OVERVIEW
1. Complaints or inspections or uniform sidewalk improvements.
2. Individual inspections and letters form a sidewalk notice.
3. A contract is put to bid for sidewalk work and handicap ramps.
4. Typically multiple communications and site visits occur for each notice—
especially regarding tree damaged walks.
5. Some owners patch walks or intend to arrange their own repairs. Patching is
often done without a permit and difficult to track.
6. Some owners obtain sidewalk permits.
Page 1 of 6
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7. Some owners complete sidewalk work privately—with or without a permit.
8. The city's sidewalk contractor fulfills the contract work with constant adjustments
for owner requests and weather conditions. Work ends by October 31.
9. All the work is categorized as 4"thick handicap ramps, 4"thick tree damage, 6"
thick tree damage, 4"walk, 6"walk and curb and measured up separately for
contractor payment and property owner billing.
10. Assessments are calculated based on owner responsibility.
11.Notices of bills are sent by DPW to property owners with an opportunity to
protest at a public hearing in front of BPW or in writing.
12. All protests are investigated and ultimately resolved and a list of assessments is
finalized and sent to the Chamberlain.
13. The Chamberlain sends bills to assess the owners.
14. Assessment fees are posted to the general fund. Unpaid assessments become part
of the tax bill. Extended payment arrangements are available through the
Chamberlain's Office.
Page 2 of 6
THE MONEY
BUDGET ALLOCATION 1991-2005
Date of -
ALIthorization
1/1/1991 Sidewalk $ 90,000.00
1/1/1992 Sidewalk $ 75,000.00
1/1/1993 Sidewalk $ 75,000.00
1/1/1994 Sidewalk $ 75,000.00
1/6/1995 Sidewalk $ 75,000.00
6/5/1996 Sidewalk $ 75,000.00
1/1/1997 Sidewalk $ 75,000.00
7/2/1997 Esty Street $ 36,000.00
1/1/1998 Sidewalk $ 75,000.00
1/1/1999 Sidewalk $ 75,000.00
1/1/2000 Sidewalk and
SW Stud $ 300,000.00
1/1/2001 Sidewalk $ 80,000.00
1/1/2002 Sidewalk $ 103,000.00
1/1/2004 Sidewalk $ 75,000.00
1/1/2005 Sidewalk $ 210,000.00
TOTAL $1,494,000.00
EXPENDITURES 1991-2005
Expenses 1991-2002 final $ 988,969.10
Expenses 2003-2005 to date-not final $ 57,138.71
TOTAL $ 1,046,107.81
REMAINING FUNDS 2005
Total Authorization $ 1,494,000.00
Expenditures to Date $ 1,046,107.81
Balance of Authorization $ 447,892.19
Expired Balance of Authorization
Available Balance of Authorization
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SIDEWALK CONDITION INSPECTION
Past Practice: The City was divided into approximately a dozen zones. One zone would
be inspected in full and repair work would remain focused in that zone until all the
substandard sidewalk was replaced or the money ran out. Zones typically took 2 or 3
years to complete. Generally lower income zones took longer because a lower
percentage of owners would arrange work with their own contractors.
Sidewalk Study: In 2000,the entire sidewalk network under the sidewalk program was
inspected on a block-by-block basis with the intention of providing a snapshot look at
sidewalk condition in the entire City. Inspections were done by block to minimize
liability exposure since once the City is aware of a problem, there's a corresponding
responsibility to correct that problem within reason. The blocks with the most serious
sidewalk problems were inspected in more detail with individual sidewalk inspections
done by address. The individual inspections became sidewalk notices mailed in 2000.
From memory, I'd estimate the number of notices at approximately 200, scattered all
over the City. They have not all been repaired to date.
2005 Practice: New notices are mostly from 2000, with some recently created.
Complaints will generate some new inspections and subsequent notices, but no large-
scale new inspections are planned for this year. If maintaining the new arrangement of
citywide fairness and consistency is a priority, a reinspection of the entire city should be
budgeted and scheduled to occur in the next year or two. Reinspection would take
approximately 800 man-hours.
SIDEWALK CONDITION INSPECTION CRITERIA
UNSATISFACTORY • A:
(Recommended - • -•
Joints Offset Less than '/" high '/2" high or 1" gap
Holes Less than 1" deep AND 1" deep OR 1"
less than 1" diameter diameter
Spalling Heavy foot traffic Heavy foot traffic with
Surface Deterioration loose gravel
Cracks Level High/low or pieces
missing
Page 4 of 6
HANDICAP RAMP INSPECTION CRITERIA
Overall slope
Flare slope
Texture? Required
36" or wider?
Transition vertical offset measurement?
Puddle noted?
Digital photo taken?
Slate Sidewalk
At this time, slate sidewalk is effectively ignored because there is no slate sidewalk
program in place. Developing a program would require several weeks(or even months)
of staff time plus funds to develop slate sidewalk specifications. Further details are
available from Lynne Yost.
Page 5 of 6
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SIDEWALK STUDY
COST BREAKDOWN FOR WORK IN 2000
PHASE DESCRIPTION BUDGET
A Network Level Sidewalk Condition Evaluation $24,920
B Sidewalk Management System $ 7,640
C Digital Color-Coded Map of Sidewalk Condition $ 1,610
D Project Level Sidewalk Condition Evaluation $29,320
E Project Administration SW Program 2000 Phase A $ 8,880
F Contract Documents and Project Admin for $13,780
SW Program 2000 Phase B
G Identify Areas for New Sidewalk never done $ 3,780
TOTAL $89,930
Data collection—On Foot Condition Evaluation of Most Public Sidewalks and Ramps—
along streets for sidewalk that is subject to the yearly sidewalk program only. Data was
not collected on sidewalk within parks, owned privately, along private streets, owned or
maintained by Cornell University or Cornell Plantations or on bridges.
Network level evaluations were done on a city block-by-block basis and project level
inspections were done for each address on the"worst" city blocks.
Products and Maps:
GIS Sidewalk Condition Map providing a snapshot view of sidewalk and ramp condition
Goals included:
Understanding Yearly Maintenance Costs
Maximizing Benefit of Repair Dollars
Improve Repair Priority Fairness and Consistency
Reduce Liability Exposure
Identify Areas for New Sidewalk
Presentation of the majority of the sidewalk data on the IthacaMaps.org site.
IMMEDIATE PRODUCTS
�ounty Line file for 78 miles of sidewalk data in 1097 segments that coincide with
centerline ID's(18+data fields).
• Point file for data on 1521 handicap ramps and hot-linked digital photos(12+data
fields).
• Point locations for approximately 200+ hot-linked digital photos of
urgent/hazardous conditions and footpaths.
• Point locations for approximately 120+ hot-linked digital inspection sketches for
individual properties.
Page 6 of 6
Ithaca City Code § C-73. Sidewalks.
A. Construction and repair.
(1)Authority. The Board of Public Works shall have jurisdiction over the construction, repair and
maintenance of all sidewalks, approaches and street driveways abutting any of the streets, highways,
alleys and public places in the city and shall have power to make rules and regulations with respect
thereto,relating to materials, grade, location, manner and method of construction, dimensions and all
other matters in connection therewith not inconsistent with the provisions of this section.
(2)Duty of owner. The owner of lands abutting any such street, highway, alley or other public place
in the city shall construct, repair and maintain the sidewalks, approaches or street driveways
adjoining his lands and shall keep the same in a safe state of repair and free from defects and free
and clear of and from snow, ice and all other obstructions. Such owner shall be liable for any injury
or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk
and keep it free from defects or to remove snow, ice or other obstructions therefrom or for a
violation or nonobservance of any ordinance or regulation relating to making, maintaining and
repairing sidewalks and keeping them free from defects and the removal of snow, ice and other
obstructions from sidewalks, approaches and street driveways. [Amended 9-7-1988 by L.L. No. I-
1988]
(3)Conformity with rules required; expense. The construction and repair of such sidewalks,
approaches and street driveways shall be only upon application, in writing, to the Superintendent of
Public Works, without expense to the city and in conformity with the rules and regulations of the
Board.
(4)Order to owner. The Board of Public Works, after a public hearing upon not less than five days'
notice, given personally or by mail or by publication in the official newspaper, may require the
owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such
sidewalk, approach or street driveway in conformity with its rules and regulations relating thereto
and shall fix a reasonable time within which such construction or repair shall be completed. Upon
the failure of the owner to complete such construction or repair within the time limit, the Board of
Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired,
either by contract or by the Department of Public Works, at the expense of the owner,to be collected
as set forth in Subsection D.
B. Uniform sidewalk improvements. On petition of interested property owners for a uniform
sidewalk improvement in a street or on its own motion, the Board of Public Works may direct that
new sidewalks and street driveways be laid on any street or part thereof pursuant to plans and
specifications thereof prepared and adopted by it. Before determining to make such improvement,
the Board shall hold a public hearing upon such proposed improvement after giving notice to the
adjoining owners in the manner set forth in Subsection A(4). After such public hearing, the Board
may determine to make such improvement, either by contract or by the city, under the direction of
the Superintendent of Public Works.
Page 1 of 2
Ithaca City Code § C-73. Sidewalks.
C. Removal of snow, ice and other obstructions.
(1)Duty of owner. The owner of lands adjoining any sidewalk shall keep the same free of ice, snow
and other obstructions and the area, if any, between the sidewalk and curb in a safe condition and the
grass thereon, if any, properly mowed.Nothing herein contained shall be construed to prevent such
owner,by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby
imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities
hereunder.
(2)Authority of Board. The Board of Public Works shall have power to make rules and regulations
further defining the duties hereby imposed and the manner and time of their performance. Upon the
failure of any owner to perform the duties imposed by this section or by such rules and regulations of
the Board,the Board of Public Works may cause the removal of ice, snow or other obstruction from
such sidewalk and may cause the area between the sidewalk and curb to be rendered in a safe
condition and the grass thereon mowed, at the expense of the owner.
D. Assessments for sidewalk improvements.
(1)Determination; apportionment of cost. The determination of cost, apportionment and assessment
of any sidewalk improvement under Subsection B shall be governed by the provisions relating to
improvement assessments, except that the entire cost thereof shall be deemed to benefit the adjoining
owners.
(2)Collection of expense. Any expense incurred by the Board pursuant to the provisions of
Subsections A and C shall be collected in the following manner: The Superintendent of Public
Works shall report to the Board the expense incurred in behalf of each owner. The Board thereupon
shall review the same and, if found to be correct, shall so certify to the Superintendent of Public
Works,who shall forthwith mail to the owner at the address appearing upon the tax roll a notice of
assessment stating the date the expense was incurred,the nature thereof and the cost,together with a
penalty of 25%thereon. The owner may protest such assessment within 30 days of the date of such
notice either by personal appearance at a regular meeting of the Board or by a written protest filed
with the Superintendent of Public Works. The Board shall thereupon review such assessment and
make such adjustment thereon as it may determine just and equitable, whereupon such assessment
shall become final. The Board shall, upon finalizing such assessments, request Common Council to
direct the City Chamberlain to collect such assessments under such terms and conditions as Council
may determine. [Amended 4-5-1989 by L.L. No. 3-1989; 8-5-1992 by L.L. No. 3-1992; 10-7-1992
by L.L. No. 8-1992]
(3)Not later than the first day of December in each year,the Chamberlain shall certify to the
Common Council the amount of each assessment or annual installment payment as authorized in the
original assessment warrant,including accrued interest, remaining unpaid at the end of October, and
the Common Council shall thereupon direct the inclusion thereof in the City Tax for the next year, to
be collected in the same manner and subject to the same penalties and procedures as the city tax.
[Amended 10-7-1992 by L.L. No. 8-1992]
Page 2 of 2
Ithaca City Code
ARTICLE III, Sidewalks and Driveways
§ 342-18. Duty to construct and maintain sidewalks.
Upon notice from the Board of Public Works, it shall be the duty of the owner of any
property to properly construct and maintain a sidewalk in front of his/her property.
However, no person shall proceed with the construction, reconstruction or repair of any
sidewalk without obtaining a street permit from the Superintendent or his/her authorized
agent and a sidewalk survey request from the office of the Engineer. The Engineer shall
supply line and grade and the specifications for the work to be performed.
§ 342-19. Conformance to specifications.
Sidewalks and driveways shall be constructed, removed, replaced or repaired in
accordance with such grades and specifications as may be determined or promulgated by
the Board, and the permittee shall so perform the work as to meet the grade and
alignment of the adjoining sidewalk and driveway and/or such established line and grade
as may be determined by the Board and in accordance with the latter's directions.
§ 342-20. Indemnification of city.
A. Agreement required. No person shall make or cause to be made an opening in a curb
for the purpose of constructing a private driveway or shall construct such private
driveway on city property without first filing an agreement indemnifying the city from
any cost or damage by reason of such work and agreeing that such work shall be
performed in conformity with the requirements of the Board of Public Works with
reference thereto.
B. Form of street permit agreement <not included here>.
§ 342-21. General requirements.
A. Material. Sidewalks and driveways are to be built of concrete, meeting the material
specifications prescribed by the Board of Public Works.
B. Line, grade and course. No walk may be constructed except to a line and grade given
by a sidewalk survey by the City Engineer. Application for a survey must be made at the
City Engineer's office 24 hours before the builder desires to start work. There shall be no
fee charged for a sidewalk survey. All sidewalks shall be of one-course construction and
of a minimum width of five feet, except where variances from this width are either
specifically permitted or required by the Engineer.
C. Conformity. All sidewalks must conform to the specifications prescribed by the Board
of Public Works, and all street driveways must conform to the standards adopted by the
city, unless special permission is otherwise given by the Board of Public Works.
Pagel of 2
Ithaca City Code
ARTICLE III, Sidewalks and Driveways
D. Connections. It shall be the duty of the contractor or the owner of the premises upon
which a sidewalk is being constructed to leave connections with adjoining walks in a safe
and good-appearing condition. Should the walk constructed be to a higher or lower grade
than the adjoining walks, the sidewalk builder shall be required to eliminate the step by
raising or lowering the end block of the sidewalk on adjoining premises.
§ 342-22. Driveway construction. EN
A. General. A standard driveway shall be constructed in compliance with a plan and
profile of driveway and sidewalk on file in the office of the City Engineer.
B. Depressed curb for driveway entrance. Upon prior written approval of the
Superintendent and subject to the provisions hereof, existing curbs may be cut or
lowered, as provided herein, for the purpose of providing driveway entrances or exits.
Stone curbs shall not be cut but shall be lowered in an acceptable manner. Concrete curbs
may be cut if so authorized by the Superintendent, provided that such cutting can be done
in a good professional and satisfactory manner.
C. Ramp. The cutting or lowering of existing curbs or the construction of new depressed
curbs for the purpose of providing driveway entrances or exits will not be allowed unless
the permittee shall provide and install, in each such case, an adequate driveway ramp or
apron between said curb and the abutting property line and extending over the entire
width of the existing or proposed driveway. Said driveway ramp or apron shall be
surfaced with asphaltic or portland cement six inches in thickness and of satisfactory
construction.
§ 342-23. Safety precautions.
Pedestrian and vehicular traffic shall be protected by the permittee by means of suitable
barricades and warning lights around the work, and the work is to be so arranged as to
cause a minimum of inconvenience and hazard to such pedestrian and vehicular traffic.
§ 342-24.Pouring of concrete.
Permits for pouring concrete during weather when it is reasonable to expect frost shall
not be issued. Permits will not be issued during the period from October 1 to May 1,
except at the discretion of the City Engineer.
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