Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-09-12 Board of Public Works Meeting Agenda
BOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, July 9, 2012, 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 Agenda (Items 1 -5:15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 7. Administration and Communications 8. VOTING ITEMS F-T Buildings, Properties, Refuse and Transit (5 min.) A. Award of Contract for Seneca Street Parking Garage Priority 1 Repairs Project — Capital Project 372 — Resolution 8.2 Highways. Streets and Sidewalks 8.3 Parking and Traffic (5 min.) A. Residential Parking Permit Hardship Consideration for 516 Dryden Road — Resolution 8.4 Creeks. Bridges and Parks 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Traffic Calming for the Cascadilla Street(Cayuga Street Intersection (5 min.) 9.2 Repair of Cobblestone Portion of Ferris Place (10 min.) 9.3 Appeal of Unbilled Trash Service Bill for Autumn Leaves Used Books (15 min.) 9.4 Appeal of Water Bill for Nate's Floral Estates (15 min.) 9.5 Appeal of Sidewalk Assessment for 601 West Green Street (20 min.) 10. New Business 11. Adioumment 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 607 - 274 -6570 at least 48 hours before the meeting. The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, 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. Notes for BPW Agenda. July 9. 2012 8.1 A This is a placeholder resolution; bids for this project are due at 2:00 p.m. on July 9, 2012. The final resolution will be provided at the meeting on July 9m' once we know who the lowest qualified bidder is. 8.3A Residential Parkina Permit Hardship Consideration for 516 Dryden Road — Resolution The owners of this residence are requesting that they be allowed to park on the street outside their home. To do this, they must be able to purchase a residential parking permit, which is only allowed for residences in R -1 or R -2 zoning; this residence is zoned R -3. Transportation Engineer Tim Logue does not see any problems with this request, so a resolution has been included approving the request. 9.1 Traffic Calming for the Cascadilla Street/Cavuaa Street Intersection Commissioner Rob Morache requested that the Board have a brief discussion about the possibility of making this intersection into a 4 -way stop. Tim Logue will join the discussion and provide the Board with pros and cons of this traffic calming tool. 9.2 Repair of Cobblestone Portion of Ferris Place Council Liaison Donna Fleming asked for a short conversation. The section of Ferris Place consisting of cobblestone is listed in a resolution from 2000 passed by Common Council that names it as a historical section of the City. The resolution, which lists the policy for the retention of historic stone sidewalks, is included in this packet for your reading pleasure. Because this section of the street is historical, it will be very difficult to replace the cobblestone without finding the funds to purchase the very expensive stones to do so. Ray has some information that may be of interest to the Board about this issue. 9.3 Appeal of Unbilled Trash Service Bill for Autumn Leaves Used Books Mr. Wetmore, owner of Autumn Leaves, is appealing a bill he received for three years' worth of trash service. I have asked City Chamberlain Debbie Parsons to attend the Board meeting for this discussion. 9.4 Appeal of Water Bill for Nate's Floral Estates The owner of Nate's Floral Estates is requesting that an interest penalty that was charged to her water and sewer bill in May 2012 due to a late payment be waived because she was in the hospital and overlooked the bill. Her payment history is attached for your review. Page 2 9.5 Appeal of Sidewalk Assessment for 601 West Green Street Brian Grout, owner of the property, through his attorney, Mark Wheeler, is appealing the sidewalk assessment that was applied to his taxes in 2011. Mr. Grout's sidewalk was replaced in 2009. Lynne Yost has provided backup information and a recommendation for your review. Wotku C�etiinn j, Executive ASSLUQp t foY waapMj. CiYpI , P.E. supeviwtewdewt of Public WOYk+s JuLI 3, 2012 Page 3 8.1A Award of Contract for Seneca Street Parkina Garage - Priority 1 Repairs Protect — Capital Protect 372 — Resolution WHEREAS, inspection of the Seneca Street Parking Garage revealed defects to slabs and beams which require repair in order to permit continued use of the garage for parking, and WHEREAS, bids were received on July 9, 2012, for Seneca Street Parking Garage — Priority 1 Repairs, and WHEREAS, the 2012 General Fund Budget includes capital funds for repairs to the Seneca Garage, and WHEREAS, contractor, contractor address, submitted the lowest qualified proposal of $XXX.XXX.00, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for Seneca Street Parking Garage — Priority 1 Repairs to contractor, for $ )00(,)00(.00 and be it further RESOLVED, That the Superintendent of Public Works be authorized to enter into and administer this contract. Page 4 8.3A Residential Parkina Permit Hardship Consideration for 516 Dryden Road — Resolution WHEREAS, the Board of Public Works (BPW) has promulgated regulations (adopted June 9, 2004) for implementation of the Residential Parking Permit System, which was established by Common Council on May 6, 1998 after an act of the New York State Legislature, and WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the BPW regulations, the BPW may grant hardship requests, and WHEREAS, the Board of Public Works has received a written petition for a hardship request from the current owners of a single family home at 516 Dryden Road, and WHEREAS, the 500 block of Dryden Road is currently in the Residential Parking Permit System; however, the property in question is in a R -3 Zoning District and is thus not allowed to purchase permits, and WHEREAS, the property at 516 Dryden Road is a single - family building, and WHEREAS, Engineering staff do not have an objection to granting the request, and WHEREAS, the Board of Public Works recognizes that the hardship is not self - imposed but rather results from the property on Dryden Road being included in the R -3 Zone for multi - family residential buildings despite it being a single family residential property, now, therefore be it RESOLVED, That the Board of Public Works hereby approves the hardship request for 516 Dryden Road, allowing the residents of said property to purchase permits for Residential Parking Permit System block otherwise in accordance with the above - mentioned regulations, and be it further RESOLVED, That the hardship allowance shall continue to be in effect as long as the property continues to be either a single family dwelling or a duplex, but shall be extinguished should be property be redeveloped into a more intense land use. Page 5 q � W / \ � / 0 � Q §E � . \ !!f .| • . 9|{)\!!!ƒ)!ff ! ® {) ` 9w Q9 A! � .., ❑o. z,y } ' }� , \ \ g!4 # % _- , . - .Z. \±E ��H.Li , § � . } ' § � . § 7/312012 Kathrin Gehring - Re: Fwd: residential parking Pa e 1 From: Tim Logue To: Kathrin Gehring; Kentlohnson Date: 6125/2012 9:33 AM Subject: Re: Fwd: residential paridng Hi Kathy, I think we on put this on the 8PW agenda for an appeal. The rules of the program do not allow us to Issue her a permit, but the 8PW on grant an appeal if they feel there are extenuating urcumstances. I don't see any harm in granting the appeal. Tim »> Kathm Gehring 1:18 PM Friday, June 22, 2012>>> »> Joanne Madmwski <0948@comell.edu> 6/21/201211:05 PM >>> Dear Kathy Gehring, Julie Holcomb advised me to write to you: I'm writing to request a hardship comaderation for the residential parking permit program. I'm attaching my letter, and I'll also put it in the mail. Thank you, Joanie Mackowski g6 Dryden Road, Ithaca, yayo <><><><><><><><><><><><><> <><><><><><><>< > < ><><><><><>< ><> Joanie MackowsId Assistant Professor I Department of English Cornell University Ithaca, NY 14853 -3201 office: 173 Goldwin Smith Hall jm948 @cornell.edu ( mailto: %22jm948 @cornell.edu %22 )Visit Joanie Mackowski's webpage http: //w . arts. cornell.edu /english /peoplepid =35 ) DEPARTMFM OF GLISI-( CORNELL UNIVERSITY rrrincn.wr ues33xRr RECEIVED Kathy Gehring, Executive Assistant JUN 2 5 2012 Superintendent of Public Works Office Office of the 1o8 E. Green Street Supt, and Ithaca, NY 14850 Engineering RE: Residential Parking Hardship Consideration, 516 Dryden Road, Mackowski & Green Dear Kathy Gehring, Julie Holcomb advised that I write to you: my husband and I would like to purchase a residential parking permit for our home at 516 Dryden Road, in Ithaca, 1485o. However, our home happens to be zoned R -3. The houses across the street from us are zoned R -1; the houses just west of us are zoned R -2. Ours is a single - family home. We purchased it and moved in during the summer of 2010. We live here year round. We have no tenants; we own one car. The summer we moved in, I called the City Clerk's office to learn how to purchase a permit, and that's when I learned our house was zoned R-3. On the phone, I asked about how to work around or appeal this unusual situation: that a residential parking permit system should keep the resident owners from parking in front of their home. In response, the individual who spoke with me asked if our house included a driveway or garage —if we had any off -street parking. I told her we do: we have a driveway, which terminates into our garage; it's wide enough for one small car, and I told her we have one car. She told me, then, that appealing this situation would not work: we already have a place to park our car, so we do not need to park on the street. She explained that, for us, parking on the street was a mere matter of convenience, not a necessity, and that our appeal would be denied. Since this conversation two years ago, I've learned more about the residential parking permit system; an October 29, 1998 article from the Cornell Chronicle reports that the residential parking permit system was a "response to complaints that neighborhood streets are overrun by university commuters ...." This article additionally reports that Comell's then director of transportation services, William E. Wendt, said that "the city's residential parking permit system could reduce the impact of...commuters parking in residential neighborhoods... " The Ithaca Times reports similar information: according to Bill Chiasson's August 24, 2011 Ithaca Times article about parking on Worth Street, the residential parking permit system "was adopted by council in recognition that commuter parking spreads into the neighborhoods and has an impact on homes." Residential Paridng Permk 1 516 Dryden Road, fta< 148501 Markoweki &Green -, So, it seems that this residential parking permit system was designed to enable residents to park on the streets in front of their homes, and whether or not the residents have off - street spaces for their cars: it was designed to manage the inconvenience to residents caused by commuters —those commuting to Cornell or elsewhere —who were parking cars in front of the residents' houses. I do not know why our home is zoned R -3. I wonder if it has something to do with the fact that our home is adjacent to the Fairview Manor, the brick apartment building near the five -way intersection of Ithaca, Comell, Dryden, Oak, and Maple roads. However, our home is a single - family home. We have no tenants and do not intend to have any. And again, the houses across the street are zoned R -1; those immediately west of us are zoned R -z. We would like to park on the street sometimes —to accept the occasional delivery through the garage or allow a daytime guest to park in our driveway —and the fact that we're currently unable to purchase a permit causes some difficulty. Yesterday, we pulled the car out of the driveway and put it in front of our house so that a chair could be delivered through the garage. Somehow, during that delivery's interval, we were issued a parking ticket. The real issue, though, is not our unusual request for more access to parking —a "mere convenience" as the individual I spoke with in the Clerk's office two years ago put it. The issue, as I see it, is that this residential parking permit system, which was designed to protect the interests of neighborhood residents by allowing them to park in front of their own homes, in our particular instance, serves to prohibit the resident homeowners from parking in front of their home. I think this must be an unintended consequence of the program, and I think it is counter - productive. My husband and I are interested in changing our property's zoning designation to R -i or R -z; Julie Holcomb told me that such a process might take several months. In the meantime, my husband and I would be grateful if our situation might be considered by the Board of Public Works at an upcoming meeting, as we would like to purchase a parking permit so that we may park in front of our home. Thank you for your help, and Yours tru_iv, Joanie Mackowski �16 Dryden Road Ithaca, NY 14850 (607- 339-5794) 9.2 Repair of Cobblestone Portion of Ferris Place Common Council July 5, 2000 20.2 Policy and Procedure for Retention of Historic Stone Sidewalks By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the Common Council and Board of Public Works have demonstrated an appreciation for the finite resource of the city's historic street paving with a commitment to retention, restoration and maintenance of brick pavers on the 100 - 400 blocks of Stewart Avenue and with interest in the masonry paving at the south end of Ferris Place, and WHEREAS, the value of surviving stone walks, also referred to as flags, flagging or slate, is worthy of similar recognition as an important indicator of the 19th and early 20th century character of Ithaca's streetscape, and WHEREAS, an ad hoc committee was formed at the request of the Mayor and charged with making recommendations to the Common Council for future treatment of the City's stone walks, and WHEREAS, based on results of research and survey, the ad hoc committee has developed policies and procedures for treatment of stone walks, and WHEREAS, the ad hoc committee has presented proposed policies and procedures to the Board of Public Works and the Department of Public Works and has received a large measure of support from these entities, and WHEREAS, Section 228 -4(I) of the Municipal Code states that plans for change of appearance of any improvement or proposed improvement located on a landmark site or in an historic district shall be referred by the agency of the city having responsibility for the preparation of such plans to the Landmarks Commission for a report, and WHEREAS, Section 228 -4(E) of the same code requires review and approval of project plans by the Landmarks Commission for material change to a designated property prior to the granting of any permit for such activity, provided that the Commission shall pass only on exterior changes and shall not consider the interior plans of the building; now, therefore, be it RESOLVED, That the Common Council hereby reaffirms the value of historic paving materials to the character of Ithaca's historic districts and the City as a whole, and be it further RESOLVED, That the Common Council adopts the policies and procedures recommended by the ad hoc committee, namely: First, with regard to the implementation of the City Sidewalk Program within historic districts or on landmark sites that have or previously have had stone sidewalks: 1. The City's historic preservation planner will provide the Department of Public Works with maps and listings of those properties and areas that are included in historic districts or are individually designated as landmarks. Page 6 2. When implementing the City Sidewalk Program in historic districts or on landmark sites, the Department of Public Works shall notify the Ithaca Landmarks Preservation Commission in advance as required by Section 228 -4(I) of the Municipal Code. 3. Where repair and replacement of existing stone sidewalks within historic districts or on landmark sites is deemed necessary by the Department of Public Works, and in -kind repair and replacement* is approved by the Landmarks Preservation Commission, the property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. 4. Where repair and replacement of existing concrete sidewalks within historic districts or on landmark sites is deemed necessary by the Department of Public Works, and replacement by the restoration of previously existing historic stone sidewalks is requested by the property owner and given approval by the Landmarks Preservation Commission, the property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. 5. The owner of a property in an historic district or of an individually designated landmark may, with approval from the Landmarks Preservation Commission and without requirement by the Department of Public Works, choose to restore an existing stone sidewalk by completing a run of slate that has been interrupted by concrete. The work shall be done only on application to the Superintendent of Public Works, and in conformity with the rules and regulations of the Board of Public Works. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. * In -kind repair and replacement is defined as the repair and replacement of an architectural or site element in a manner such that the execution of the work and the quality and physical characteristics of the element, (e.g., color, texture, composition, design, dimension) match those of the original. Second, with regard to the implementation of the City Sidewalk Program outside historic districts and landmark sites: ** I. Where repair and replacement of an existing stone sidewalk on property outside an historic district or landmark site is deemed necessary by the Department of Public Works, it will be permissible to repair and replace that sidewalk in -kind. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. In the case of interrupted runs of stone or individual extant flags, intervening concrete may be replaced by stone, with the same distribution of cost. 2. A property owner may, without requirement by the Department of Public Works, choose to restore an existing stone sidewalk by completing a run of slate that has been interrupted by concrete. The work shall be done only on application to the Superintendent of Public Works, and in conformity with the rules and regulations of the Board of Public Works. The property owner will be responsible for the cost as if the work was done in concrete; the City shall defray the added cost of using stone. ** Since properties that are not within historic districts and are not landmark sites are not under the jurisdiction of the Landmarks Preservation Commission, the Department of Public Works may undertake sidewalk replacement in these area without consulting the commission. Page 7 Third, with regard to the implementation of the City Sidewalk Program both within and outside of historic districts and landmark sites: 1. It is recommended that the Board of Public Works inform property owners that stone is an acceptable sidewalk paving material, provided that it meets board standards for condition and installation. 2. It is recommended that the Department of Public Works consider the evaluation, repair and in- kind replacement of stone sidewalks as a separate component of the City Sidewalk Program so that the City can seek contracting services of an individual or firm skilled in handling flagstone and sympathetic to the use of this material, and, be it further RESOLVED, That the Common Council supports the undertaking of a future City -wide survey of historic paving materials to be conducted under the supervision of the Landmarks Preservation Commission. The Commission will use the survey findings to assess the value of designating remnant paving materials throughout the City as a thematic historic district. (See Section 228 of the Municipal Code, Landmarks Preservation Ordinance.) A vote on the resolution resulted as follows: Page 8 Carried Unanimously Aaturr2n Leaves Usea Books 115 the Commons Ithaca, NY 14850 (607) 273 8239 autumnleavesusedbooks @yahoo.com May 10, 2010 RE: APPEAL Invoice #00016381 Account #00001979 Board of Public Works City of Ithaca 108 E. Green Street Ithaca, NY 14850 (607) 274 -6585 Nero cl'3 RECEIVED MAY 1 1 2012 Office of the Supt. and On April 17,2012 I received a bill for "Unbilled Trash Service" totaling $765.00. Even though I have been paying my bills on time, the City has determined that over the past 3 years they have not billed me for 17 months that they could have. I have been given 30 days to pay this bill. I emailed Debra Parsons on April 24% and again on May 8" discussing this bill. She has informed me that appeals for this kind of bill go before the Board of Public Works. I am appealing this bill for the following reasons: 1. It is unreasonable for the City to suddenly send out a bill for 3 years of services and expect someone to be able to drop everything and review 3 years of business records on 30 days notice. Given that the city has already admired that its record keeping and billing services are substandard, I have no prima facie reason to believe that this billing is accurate. 2. I understand that the city is not normally in the business of billing for garbage services, and found itself in this position because of circumstances surrounding the Green Street Parking project. But once it found itself in this position, it should do so under standard business practices. I know if I sent out a bill to someone for services 3 years ago they would just laugh at me. We wrap up our affairs each year and, absent some kind of understood loan agreement, the affairs are finalized. So while the bills for 2012 are reasonable, and perhaps the second half of 2011 could be, the more stale one are not. 3. Many business have come and gone in the last 3 years. I can only assume that this billing problem was with them as well. Is the City pursuing those that closed as well? Or are these retroactive bills only for business that are still in business? If the bills are only for those still in business, why are we being singled out? 4. The notice I received makes no indication that this is a final adjustment. In August of 2005 I received a notice of a previous trash bill that needed to be paid. So I am left wondering if in 6 months or a year, I am going to have to go through this process all over again? 5. When this process started, I asked to be put on an automatic bill payment, like my property taxes and water bill. It seemed reasonable that since the city was already set -up to do this that they could easily add a monthly bill to the system. I was told that the city could not set up such a payment system. Had the city done some, all this could have been avoided. Please keep me informed of anything more I need to do in regards to this appeal. / Eb'W,a etmore A. Parsons City Chamberlain CITY OF ITHACA pEIiH Invoice Date : 04/17/2012 108 E GREEN STREET ti�v Invoice # : 00016381 ITHACA NY 14850 V; Account tt : 00001979 Price Due Date : 05/21/2012 ?° RAS£� OTHER Bill to : AUTUMN LEAVES USED BOOKS JOSEPH WETMORE 115 -17 E STATE St ITHACA, NY 14850 Property : Invoice From: Chamberlain Office Chamberlain Office General Billing Information (607) 274-6580 Information specific to bill (607)274 -6580 Invoice Ref. TRASH SERVICE Entry Date Item Category Item Description Qty Price Total 061152009 OTHER TRASH SERVICE JUN 2009 NOT 1.00 $45.00 545.00 BILLED 09/152009 OTHER TRASH SERVICE SEP 2009 NOT 1.00 $45.00 545.00 BILLED 12/152009 OTHER TRASH SERVICE DEC 2009 NOT 1.00 $45.00 $45.00 BILLED 021152010 OTHER TRASH SERVICE FEB 2010 NOT 1.00 $45.00 $45.00 BILLED 05/152010 OTHER TRASH SERVICE MAY 2010 NOT 1.00 $45.00 $45.00 BILLED 09/152010 OTHER TRASH SERVICE SEP 2010 NOT 1.00 $45.00 545.00 BILLED 10/152010 OTHER TRASH SERVICE OCT 2010 NOT 1.00 $45.00 $45.00 BILLED 11/15 /2010 OTHER TRASH SERVICE NOV 2010 NOT 1.00 $45.00 S45.00 BILLED 01/15 /2011 OTHER TRASH SERVICE JAN 2011 NOT 1.00 $45.00 $45.00 BILLED 03/152011 OTHER TRASH SERVICE MAR 2011 NOT 1.00 $45.00 545.00 BILLED 04/152011 OTHER TRASH SERVICE APR 2011 NOT 1.00 $45.00 $45.00 BILLED 06/152011 OTHER TRASH SERVICE JUN 2011 NOT 1.00 545.00 $45.00 BILLED 09/152011 OTHER TRASH SERVICE SEP 2011 NOT 1.00 545.00 $45.00 BILLED 12/152011 OTHER TRASH SERVICE DEC 2011 NOT 1.00 $45.00 $45.00 BILLED 011152012 OTHER TRASH SERVICE JAN 2012 NOT 1.00 $45.00 $45.00 BILLED 02/152012 OTHER TRASH SERVICE FEB 2012 NOT 1.00 $45.00 $45.00 BILLED 031152012 OTHER TRASH SERVICE MAR 2012 NOT 1.00 $45.00 $45.00 BILLED Total: $765.00 CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 MD—--.d Additional Description: UNBH.LED TRASH SERVICE Return this portion with your payment Invoice Date : 04/17/2012 Invoice # : 00016381 Account #: 00001979 Due Date : 05/21/2012 Make check payable to Invoice Date : 04/17/2012 CITY OF ITHACA CHAMBERLAINS OFFICE Invoice # : 00016381 108 E GREEN STREET ITHACA NY 14850 Please Pay on or before $765.00 AUTUMN LEAVES USED BOOKS 0521/2012 JOSEPH WETMORE 115 -17 E STATE St Amount Paid ITHACA, NY 14850 1 1111111 IIIIII II IIIIII VIII VIII VIII INV00016381 VIII VIII VIII VIII IIII IIII 00000000000000000163810000000000000400000001000000076500004 Nate's Floral Estates, Inc. 205 Cecil A. Malone Dr. Ithaca, NY 14850 607 272 -8400 City of Ithaca Office of the Chamberlain 108 E. Green St. Ithaca, NY 14850 Attn: Debra Parsens May 11, 2012 I-Femq,y Dear Debra: This is a note to ask if there is any way that Nate's can be forgiven for the late payment on our water bill this past month 1 am the owner of Nate's and during the month of April I was in the hospital several times and the payment was overlooked until I came back to work last Tuesday. 1 would very much appreciate your looking over our past history of payments and consider if you could waive the late payment fee. Thank you for the consideration in advance. Very truly yours, C - PLC....., �y....v..i Ellin Weiner RECEIVED MAY 2 12012 Office of the Supt. and Engineering <` CITY OF ITHACA Billing Information (607) 274 -6580 OFFICE OF THE CHAMBERLAIN Service Calls - Days 108 E GREEN STREET (607) 272 -1717 ITHACA, NY 14850 Service Calls - Nights ITHACA NY 14850 (607) 27346811 OFFICE HOURS RETAIN THIS PORT /ON FOR YOUR RECORDS Mon -Fri. BALANCE FORWARD $0.00 8:30 am to 4:30 pm. except Holidays 4 „; 12/2012011 ;==O20112 1/ 205 Cecil A Malone Dr BEFORE 01/20/12 ' $10,124.04 403 NATES FLORAL ESTATES 205 CECIL A MALONE Dr ITHACA NY 14850 BALANCE FORWARD $0.00 Current Bill Detail UsagelUnit AMOUNT SERIAL READINGS NSUNIFTION NB of Days WATER 105,900 $4,765.50 SEWER 105,900 $5,358.54 Current 5575MP 2,777 Actual 121052011 2 90 Current Charge $10,124.04 57230255 12,227A0ue1 Reading Histnry 121052011 1,057 90 pay b¢fo2 due date $10,124.04 4736765 2.775 Actual 09/062011 129 96 4616 Actual 06MM011 100 91 2.546 Actual 2,417 Actual 03/032011 13022010 129 109 91 86 Ifyou have arranged with us to pay this bil I through the Automated I I.I70 Actual 094162011 1,120 96 Clearing House (ACH), please do not pay the amount above. This 10,659 Actual 5,699 Actual 06/032011 03/032011 1,351 1,384 9 1 9I amount will be deducted from the account you specified on the due F'1'T CITY OF ITHACA Billing Information (607) 274-6580 OFFICE OF THE CHAMBERLAIN PLEASE RETURN THIS PORTION WITH PAYMENTS OU PAYABLE ON IUMUr 108 E GREEN STREET MAKE CHECKS PAYABLETO ITHACA, NY 14850 CITY OF t CA ANY AMOUNT am” IS NOT 'Ain BY DUE ..WU .SSUBIECT TOPENALTYCHARGES 205 Cecil A Malone Dr I 95407373800 I FNLIIREmPAYOSiPA ..a.u..wCEMAYIUSULT IN A PaoPERn TAN LIEN 366838 *366838* NATES FLORAL ESTATES 205 CECIL A MALONE Dr ON OR ITHACA NY 14850 BEFORE 01/20/12 $10,124.04 00003668382012000000000054073738000300000000000001012404009 { 517 CITY OF ITHACA Billie Information g Infor BB.LMGDALZ 4` OFFICE OF THE CHAMBERLAIN (60!) 2746580 Service Cells - Days G 3/20/2012 0 �._...= 108 E GREEN STREET (607) 272 -1717 8 47¢0 ITHACA, NY 14850 Service Cells- Nights 04/20/12 (607) 273 -4680 Current Bill Detail Usage/Unit AMOUNT OFFICE HOURS 205 Cecil A Malone Dr RETAIN THIS PORTION FOR YOUR RECORDS Man - Fri. N0 of Days WATER 168,200 $7,569.00 830 ern t0 4:70 pm. SEWER 168,200 $8,510.92 Current I e,eept rmhaay5 BEFORE 04/20/12 , $15,487.58 653 NATES FLORAL ESTATES 205 CECIL A MALONE Dr BALANCE FORWARD ($592.34) ITHACA NY 14850 Current Bill Detail Usage/Unit AMOUNT iEIUAL4 READINGS NSDMPTION N0 of Days WATER 168,200 $7,569.00 SEWER 168,200 $8,510.92 Current I i575009P 3,088Adual 03M"012 311 91 Current Charge $16,079.92 ;7210255 13.598Mtual Beadle, Hhwry 03ro52012 1,371 91 Pay before due date 515,487.58 4736765 2.777 Actual 12/052011 2 90 2,775 Actual 09/062011 129 96 2,646 Actual 2.546 Actual 06/11212011 031032oO 100 129 91 91 llfyou have arranged with us to pay this bill through the Automated 12.227 Actual 121052011 1,057 90 Clearing House (ACH), please do not pay the amount above. This 1.170 Actual 10,050 Actual 09/062011 061022011 1,120 1,151 96 91 amount will be deducted from the account you specified on the due . . MESSAGE CITY OF ITHACA Billing Information (607) 274 -6580 OFFICE OF THE CHAMBERLAIN PLEASE. RETUIRN THIS PORTION WITH PAYMENTS BIIJ. FAYNNEONR HU 108 E GREEN STREET NAaECO'cas PAYAaILTO ITHACA, NY 14850 CON OF mUACA ANY ANOINT wUsU IS NBT PAD' BY DUE OATF. W .F. 511BIF.CT To PENALTY CHARGES 205 Cecil A Malone Dr I 95407373800 I FALLUBE TO PAY THE PASr DUE BA EWY RESULT m APROPEP1 TA% IJEN 366838 *366838* NATES FLORAL ESTATES 205 CECIL A MALONE Dr ON OR ITHACA NY 14850 BEFORE 04 /20/12 $15,487.58 2000000000054073738000300000000000001548758005 A/R Inquiry Sumi, 13 v L ,Wi WmY1120131n49:U0AM,BMdePe- Sub System City of Ithaca Tax Map # 78. -3 -6 Acmunt No. 5407373%0 Parcel Id 854 Utility B1111, 205 Cecil A Malone or NATES FLORAL ESTATES Install Billed 205 CECIL A MALONE or Inl/Pan ITHACA NY 14850 Class 616 MOBILE HOME PARK pall Saellon Property Type, 3commercial SpboOt Dlstrld Sire Tool 26.59 Acres Fy 2012 A/R Inquiry P e1 1 Tenable M0700 500700 Sub System Acmunt No. 5407373%0 Utility B1111, Install Billed ABIt Bill Inl/Pan Fee(s) Refunded Adp. Abated Paid 1 st $374,146.71 $1,610.31 ($35,272.38) $339.76189 5/212012 - Late charges: Total Due: Entry Dsb Install Trans Type Amount Balance Due Amount Billed 1/1120D5 Billed $9,244.76 $9,244.76 $9,244.76 1/182005 Paymenl ($9,246.76) $0.00 3292005 Billed %,5 %.24 $8,565.24 $8,565.24 4/152005 Payment ($8,585.24) 50.00 628/2005 Billed $7,1 %.24 $7.1 %.24 $7,195.24 7/142005 Payment ($7,195.24) $0.00 9127/2005 Billed $12, 987.60 $12,987.60 $12, 07.60 11/4/2005 Adjustment ($2,024.40) $10, %3.20 10/142005 Payment ($12,987.80) ($2,024.40) 1/112006 Billed $14,074.40 $12.050.00 $14.074.40 11182006 Payment ($12,050.%) $0.00 4112D06 Billed $8,397.92 $8,397.92 $8,397.92 6/142006 Payment ($8,397.92) $0.00 62912006 Billed $8,310.32 $8,310.32 $8,310.32 7114/2006 Payment ($8,310.32) $0.00 10/12006 Billed $10,114.BB $10,114.813 $10,114.68 10/162006 Payment ($10,114.88) $0.00 1/1/2007 Billed $9,886.32 $9,886.32 $9,886.32 1/122007 Payment ($9,886.32) $0.00 41112007 Billed $11,743.11 $11,743.11 $11,743.11 4/182007 Payment ($11743.11) $0.00 7/1/2007 Billed $1D,345.86 $10,345.86 $10,345.86 7/13/2]07 Payment ($10,345.86) $0.00 1011/2007 BDied $22,026.87 $22,026.87 $22,026.87 1011112007 Payment ($15,87A02) $6,152.85 101152007 Adustment ($6,152.85) $0.00 111/2008 Billed $23,678.24 $23,678.24 $23,678.24 11151MOB Payment ($17,363.35) $6,314.89 1/16/2008 Adjustment ( %,314.89) $0.00 4/1/2008 Billed $7,436.80 $7,436.80 $7,0.%.80 411612008 Payment ($7,436.80) $0.00 7/112008 Billed $6,474.00 $6,474.00 $6,474.00 7114121108 Payment ($6,474.00) $0.00 10/1/2008 allied $10,511.12 $10,511.12 $10,511.12 10I1vM011 Payment ($10,511.12) $0.00 12/2012008 Billed $13,314.40 $13,314.40 $13,314.40 122@009 Payment ($13,314.40) $0.00 31232009 Billed $26,1148.80 $24,848.80 $24,848.80 612412009 Adjustment ($4,006.52) $20,844.28 624/2009 Adjustment ($5,436.60) $15,407.65 41202009 Payment ($10,000.00) $5,407.68 5/2210609 Payment ($8,000.00) ($2,592.32) 6/19IM09 Billed $12,317.60 $9,725.28 $12,317.60 6@4/0609 Adjustment ($6,555.0) $3,169.38 720/2009 Payment ($3,169.50) ($0.12) 9/1812009 Billed $23,431.92 $23,431.80 $23,431.92 10/182009 Payment ($5,000.00) $18,431.80 11/16/2009 Payment (35,000.00) $13,431.80 101 &2009 Interest $134.32 $13, 566.12 12115/2009 Payment ($9721.30) $3,844.82 12/212009 Billed $10,919.75 $14,764.57 $10,919.75 P e1 1 Tenable M0700 500700 _ &Mm Rwmd nmd4mmalml m 5 IQ012 1149x9 AM by DA aPrsms City of Ithaca Tax Map # 78. -3 -6 Parcel Id 854 205 Cecil A Malone or NATES FLORAL ESTATES 205 CECIL A MALONE Or ITHACA NY 14850 Ppa2 Class Property Type 416 MOBILE HOME PARK 3 Comment.. Roll Section 1 Ta — x Size Total 26.59 A.. School District 500000 500]00 FY 2012 1223/2009 1/21/2(110 Adjustment Interest ($3,]10.50) $11,054.07 p�t� 1/212010 Payment $2.69 ($2,000.00) $11,056.76 $9,056.76 Posted 2/1 &2010 Interest $140.74 $9,19].50 Posted 01612010 Interest $31209 $9,509.59 Posted T1$12010 3117/2010 Payment ($5,00.00) $41509.59 Posted Posted 3/172010 Interest Payment $45.10 ($4,092.52 ) $4,554.69 $462.1] Posted 3/19/2010 4/1912010 Billetl Interest $12,004.75 $12,466.92 $12,004.]5 Posted Posted! 4/192110 Payment $4.62 ($12,471.54) $12,471.54 $0.00 Posted 8/21/2010 ]/19/2010 Billed Payment $10,7]2.50 $10,77250 $10,772.50 Posted Posted 920/2010 Billed ($10,/2.50) $10,594.25 $0.00 $10,594.25 $10,594.25 Posted 10/15/2010 Payment ($10,594.25 ) $0.00 Posted 1/120/2110 1/192011 Billed Payment $12010.0 4 $12,430.04 $12,430.04 Posted Posted 3/19.2011 Billed ($13,042.06 $13,042.06 $0.00 $13,042.06 $13,042.08 Posted Payment ($13,42,6 $0.00 Poste Posted W2012D11 6/20/2011 ]/182011 Billed PaYmst Payment ($7,00 .62) ($],25.00 $$5,500.62 $5,000.00 $12,$00.62 Pasted 8/15/2011 Interest $250.00 $5,250.00 Pasted Posted /1152011 Payment ($5,300.00) ($50.00) Pasted 9/20/2011 10242011 Billed Payment $10,766.38 ($10,716.38) $10,]16.38 $0.00 $10.766.38 Posted 1228/2011 1124/2]12 Billed Payment $10,124,04 $10,124.04 $10,124.04 Posted Poste! 3/20/2012 Billed ($10,716.38) $16,079.92 ($592.34) $15,487.58 $16,079.92 Posted 4/20/2012 Adjustment ($1,0]2]2) $14,414.86 Posted Posted $18/2012 Interest $295.20 $14,710.06 Posted 5/8/2012 Interest $425.55 $15,135.61 Posted 5/8/2012 Payment ($14,414.66) $720]5 Posted � ¥ ƒ ; \\ k ) � ! Fil k )Ell ! |) !!! I •d 5 Q! /!b & |E.!)E i�{ _�`!.!!U�_ |\ § ! |!!!!,!!! ¥!| |t)r! \ � - / z / 9A /, ) )f! | |\ {) ![ = «I !•! ,.! !!!; at b) 2 5 _ ) /� /} (�! ~! §!!|f| ] !!! - gr g E, ■.,!!- . k )Ell ! |) !!! I •d 5 Q! /!b & |E.!)E i�{ _�`!.!!U�_ |\ § ! |!!!!,!!! ¥!| |t)r! \ 601 West Green Street HARRIS BEACH ATTORNEYS AT LAW April 19, 2012 119 EA SENECA STREET NY 14950 (607)1]3- 44 RECEIVED MARK B. WHEELER L APR 2 8 2012 FAx: (607) 2]3 -6803 K$tUr Y,n Gehring MWHEELERQHARRI56FACH.COM City of Ithaca Office of the City Engineer's Office Supt. and 108 East Green Street Engineering Room 202 Ithaca, NY 14850 Re: Brian H. Grout Notice of Sidewalk Defects 601 West Green Street, City of Ithaca Dear Ms. Gehrin: We represent Brian H. Grout, who owns the above - referenced property. Mr. Grout recently received a city tax bill which included an assessment for sidewalk repairs (copy enclosed). These charges are disputed on the ground that the damages to the sidewalks were caused by the City. In accordance with the City's sidewalk policy, he is not responsible for these charges and. consequently, the tax bills should be adjusted and credited accordingly. Mr. Grout twice protested the City's claim that he was responsible for these repairs (see enclosed copies of letters dated October 27, 2007 and December 4, 2008). He sought to meet at site to discuss any claimed repairs and to be advised of the City's plans. The City never responded to these requests. Mr. Grout therefore requests cancellation of these repair charges, interest, mark -ups and penalties. Kindly place this matter on the next available calendar for review and consideration by the Board of Public Works. If additional information is required, please advise. Thank you for your consideration in this matter. Sincerely, H BEACH PLLC Mar B. Wheeler MBW:jac Enclosures Kathrin Gehring April 19, 2012 Page 2 cc: William J. Gray, P.E. Superintendent of public Works City Hall 108 East Green Street Ithaca, NY 14850 HARRIS BEACH ATTORNEYS AT LAW Fs Yea2011 Prapaty land® 601 GRM ST W S 1C 500700 Eslia AID Oty 51,235,298 PROPERTYTAXPAYERSBnLOFWHf S rwl Madxlvalueasatla1 t, 2009 n>:6W value as oflnry 1, , 20 10 Ecemptias: WamaD J.v 1.2011 Beek BwmN. 33'10 Segveoa:3746 N.PWyOwar BR 11GRour Clus Cudc no 72.8 -I6 Make cheeks payable W Cityoflthoca Un P= U'afvWal00% MaGor Deliwto: $135,01[am City of Ithaca City Chambedain's Office SIM.000 oo 108 E Gaeeo Street Monday -Friday 8:30 AM to 430 Ithaca, NY, 14850 Closed Weekends and Holidays (607) 274 -6580 2011 ithaea Ow Pirolnesnfl mt Tnz Rill Levy Desarydm TaWT La, %CiagF P Year TmkASS SSW vakea Uda RaxprrSlOOOa pa Umt 3 Aavn, lt6til03lA6NWa©®_' SOm 0.00% 0.000000 $1,541b WAIERDMINQUENrCEARGE $0.00 am 0.000000 $226.16 $EWER DEIINQIJFNT Sam 0.00% 0.000000 QrYTAX S111.08.117.00 333% 135,000 6315000 Tries Due by Jens. 31,2011 $2,923.42 xaruun rDxrnDrar BSSLUW wren rAYMNr TAX RECEIPT' 2011 Ithaca City Fast Installment Tax Bill BILL NUMBER 3330 '/S of 7a6 51ecw.6J. n�s' n.aa; *01158456* 0 Y c a rY. Taxes Due by Jan. 314 2011 Tax Amount $2,923.42 Notice Fee Penalty Total Due $2,923.42 REMITTANCE STUB 2011 IB1aca City First Installment Tax Bill Owner BRUIN H GROUT Taxes Due by Jam. 31, 2011 -Tax Amount $2,923.42 Notice Fee Penalty Total Due $2,923.42 Uwu¢ BBh1N B GBODP swls Tat Map Number 500700 1 ML 16 Aopesty Laren. MGR srw Office Use Only - Payment Receipt BILL NUMBER 3330 11111110 VIII II 1 11117771111 IN *01158456* 2011 Ithaca City First Installment Tax Bill Tax Map Number 50070072$16 Location 601 Grim ST W Office Use Only - Payment Receipt Ri Ym2011 Waaam DamlaoaM 1, 2011 Ba Code: BaN 333p Syg� 1� Rapurylm6ao 601GREENSTW N.P.1,O BBIANHGBOIT Sc6od Cade 500700 CLo Cade T]D Fs maid Ana Gry$3235298 ML 16 Make cheeirpayahleb Cayoffthora PR014RTYTA%PAVERS BBLOFBImI'13 Uoamm Pacmoge of Valve 100% Mm7oTlkliaer b: Full Makes Vaheu afJWl 1, 209 -u S13 AWco (.r., Of llyyy Gn, �In .,'a �m Asaacd VaI Wlob I, 201a gyp°®` $135,000.00 1 H Gran Sheet Monday -Friday 830 AM m 430 Ithaca, MY, 14950 Closed Weelmnd5 and Bolideys (607) Z74 -65W 2011 I01araG 51smdInsmOmrnt Tax Bill levy Deaipdm TgalTUlery %CJamg Frm TivSl1 Aaeaed R WSI000a T. Am T Y. Veloeorilaas Muna TE'nRALFUNDDF7. QUEXr MOD a0D% SWenl.15 SEWF]TDDF u]LIFtn' mm 0.1u% Q0000pB am000o CHYTA SISM8.117a0 333% 135,000 6315000 rdaiN n5253 Tares Due by lane 30 $2,923.41 �Po]iT1ONRBBIAW WITH PAY63@TI' TAX RECEIPT 7011 Tiheca City SeWud Installment Tax Bill BILL NUMBpEpR 33330 III fl dr 316ewror. anaw6, Athan *01158456` dv 6, Y. 0. B1flANHGR0oT T. hbp N ®� = Taxes Doe b dune 30 T -96 Tax Amount $2,923.41 M ST W Notice Fee Penalty Office Use Only - Payment Receipt Total Due $2,923.41 REMITTANCE STUB 2011 Bbam City Second IDStallment Tax Bill BpR1. NUMBER 3330 II 1001III WI II IIII I II I II *01159456* 2011 Ithaca City SeCOnd Installment Tax Bill DV•rOeC Tax Map Number BRIAN H GROUT 500700 72.4 -16 Loudon Taxes Due bj June 30 6M GREEN ST W Tax Amount $2,923.41 Oj%'ice Use Only - Payment Receipt Notice Fee Penalty Total Due $2,923.41 UKUUT PROPERTIES GROUP INC. 15 Maplewood Road P.O. Box 3927 Ithaca, NY 14852 Brian H. Grout 607 - 2724660 October 27, 2007 City of Ithaca Attn: Lynn YGUst - Engineering Dept. 108 East Green Street Ithaca, New York 14850 Dear Ms. Youst; I am the owner of several buildings located in the city of Ithaca_ Two of my properties are located at 601 West Green Street and 411 South Albany Street. Both of these properties have a City of Ithaca owned tree planted between the street curb and sidewalk. I wish to post notice that the root systems of these trees is causing the sidewalk concrete to raise causing a hazard to pedestrians who use these sidewalks. As you are aware, the city of Ithaca prides itself on being " walking city ^ which strives to be pedestrian friendly and safe. Would it be possible to have a staff member inspect these unsafe conditions and contact me tosdiscuss a time frame to conduct the needed repairs ? Thank you in advance. sincerely; /N fL Brian H. Grout * * * * * * * + + + + ++ + ++ ++ DOCUMENT SENT VIA US CERTIFIED MAIL * * + * * * * * + +r + + + + + + + +• N I � � r - N !24'Av L `L m t+� F r� V ti Pope e 0-41 Aso ° cemr.e $2.65 09 oeWm R,- Fee (FW rsemem PeQyireQj $0.00 Hoe o geem'mea oer en ree (ENOiemenl gpgyjleyr 10.00 ° raa ras�yea rcee Q 0`0 sar a ��iuiuN07 ry — wroemrxn t o g E- ftkffres�'i / Trhkc.F, N y f yo ro December 4, 2008 HARRIS BEACH 9 ATTORNEYS AT LAW 119EmrSEN STBEE 17MCN NY 14850 (607)173-6444 N a. wH@iER FW (607) 273-6802 Lynne Yost M EEIEBQa H SBE CH.COI City of Ithaca, City Engineer's Office 108 East Green Street Room 202 Ithaca, NY 14850 Be: Brian H. Grout Notices of Sidewalk Defects 411 South Albany Street and 601 West Green Street, City of Ithaca Dear Ms. Yost: We represent Brian H. Grout, who owns each of the above- referenced properties. Mr. Grout has received two letters from your office, dated August 12, 2008 and September 12, 2008, regarding his properties at 601 West Green Street and 411 South Albany Street, respectively, copies of which are enclosed for your reference. Each of those letters included a sidewalk inspection report which indicates that certain sections of adjoining concrete sidewalks are deemed by the City of Ithaca to be in need of repair. More specifically, each of those letters detailed certain sections of the concrete sidewalks which have been damaged by roots of a City-owned street tree. Following a thorough inspection of the affected areas, Mr. Grout has determined that other sections of the concrete sidewalk have in fact been damaged by City-owned street trees, but are not indicated as such on the sidewalk inspection reports. The City of Ithaca is hereby notified that the current condition of those sections of the sidewalks damaged by Cityowned street trees, including but not limited to, those sections Specifically designated as "City, responsibility" on the sidewalk inspection reports, pose a safety hazard to my client, his tenants and invitees, as well as members of the general public utilizing these sidewalks. We understand that the City presently does not plan to repair these concrete sections until after May 1, 2009. In light of the potential hazard presented, we would urge your office to undertake repair of all of the City damaged concrete sections as soon as practicable, including but not limited to those specifically designated as "City responsibility" on the City sidewalk inspection report. Mr. Grout has steadfastly maintained his properties in excellent condition and we believe that the City of Ithaca's continued failure to address these potentially hazardous sidewalk areas may increase the risk of personal injury to pedestrians and expose the City to liability claims. At present, Mr. Grout is reluctant to replace City damaged sections of the sidewalks in light of the City's responsibility to do so. Moreover, the continued presence of Cityowned street trees means that my replacement concrete sections will be subject to the same upheaval Lynne Yost December 4, 2008 Page 2 HARRIS BEACH ATTORNEYS AT LAW and shifting that has occurred in the past. Accordingly, we would request the removal of the City-owned sheet trees and their root systems so as to eliminate the underlying cause of the problem. The City would be well advised to replace those trees with a different species of trees, less prone to cause damage to pedestrian sidewalks. Please advise as to the City's plans to address this situation. In the meantime, we would ask that you contact Mr. Grout to schedule a re- inspection of the affected areas, with a view towards properly identifying all sections of the concrete sidewalk damaged by City-owned street trees. Thank you for your consideration m this matter. Sincerely, MsW.jw Enclosures cc: Brian H. Grout City of Ithaca Richard Ferrel, Assistant Superintendent Streets and Facilities Division 245 Pier Road Ithaca, NY 14850 City of Ithaca Engineering Division City Hall 108 East Green Street Ithaca, NY 14850 Alderperson Eric Rosario Common Council - Second Ward 108 East Green Street Ithaca, NY 14850 9 8/12/2008 GROUT. BRIAN CITY OF ITRACA 108 East Green Street, Ithaca, New York 14850 -5690 OFnCE OF 198 ©iT HNOWEER Td ,p .: 687 /2!9-6590 F..: BW /214 -8587 PO BOX 3927 ITHACA, NY 14852 SIDEWALK NOTICE OF DEFECT LOCATION: 601 GREEN ST W TAX PARCEL #: 72. -8 -16 City of Ithaca has inspected the condition of the public sidewalk along the street at this address. At this time of inspection, the following sidewalk was found to be defective: TREE DAMAGED WALK: 75 square feet of 4" thick sidewalk 0 square feet of 6" thick sidewalk OTHER DAMAGED WALK: 150 square feet of 4" thick sidewalk 200 square feet of 6" thick sidewalk This location is on the City's repair fist and will remain on the list until the repair work is completed by you or by the City. At the first opportunity, all defective sidewalk found at this location at the time of the work will be replaced. City of Ithaca Code requires that sidewalk repairs made by City of Ithaca be billed to the owner at cost plus 25 %. You are encouraged to hire a contractor to do your repairs. Obtain a sidewalk permit so the location can be removed from City of Ithaca's repair list when work is completed. Please read the attached document and if you still have questions, you may contact the Office of the City Engineer at 607- 274-6532. City of Ithaca, NY Office of the City Engineer SIDEWALK INSPECTION OWNER Roan (Tfavl ITHACA CITY ENGINEER'S OFFICE ADDRESS y01 r een 108 East Green Street PARCEL 7.4 • 1-16 Ithaca, NY 14850 NSPECr0R DATE �.ivOg 607 - 274 -6530 FAX 607- 272 -7348 Responsibility (Trees/Ramps) Owner Responsibility (Other) 3 Blacks 4" City x 25 = 75 sq ft 6 Blocks 4" Owner x 25 = /So sq ft Blocks 6" City x 25 = _ sq ft _� Blocks 6" Owner x 25 = goo sq ft Grinds City Grinds Owner Painted on, b l7rQi� 5 T. �/ �✓oi( Old vile 6-P, m 4jcf,le SuriQce. � nn L DIV :S U. 601 (sree� tF 4:J 5 E, n F Condemnable W. vv U Unsatisfactory T Tree Damage e ,k,< < ' G Grind Joint d T, J Joint not Level R Curb Ramp W Grass in Joint ®Missing Slab Surface Deterioration i® Cracking CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274-6530 Fax: 607274-6587 March 27. 2009 Dear Resident In 2007 or 2008, following an inspection, the City of Ithaca notified you (or the owner of this property as of that time, if different) of a defective sidewalk at this address. You were encouraged to make your own arrangements to repair or replace the defective portion, and informed that your failure to do so would result in the Citys performing that work or hiring a contractor to do so, and billing you for the actual cost plus a 25% overhead fee. According to our information, the defective sidewalk has not been repaired or replaced, as of this date. Therefore, unless that work is completed pursuant to a permit and in conformity with the City's requirements, by you or your contractor, within 60 days of the date of this notice, the City (or a contractor of the CVs choice) will perform the work and you will be billed accordingly. If not paid, such assessment will become a lien against your property. The defect consists of the amount listed in the attached letter. Please note that on July 2, 2008, the City of Ithaca's Common Council voted to change the procedure regarding sidewalk defects (Section C -73 of the City Charter), effective immediately. According to the new law, a public hearing is no longer required prior to City repair or replacement of defective sidewalks, once a written notice of the defect has been provided to the property owner of record. You and your sidewalk are now subject to the new law; you are not required to receive any other notice prior to City work on your sidewalk. If you dispute the need for the repair or replacement described in this notice, you may appeal to the Citys Department of Public Works. Such appeal must be in writing, identified as such, and should include any necessary or relevant documentation of your position. Proper grounds for an appeal include the following: 1. You are not the current property owner. 2. The sidewalk is not defective (or, the extent of the defect is not as described). 3. The sidewalk defect occurred as a result of the actions of the City. -ire i.AhTW6 Any appeal must be submitted (ie., postmarked or received directly) within 21 days of the date of the notice. Please mail or deliver to: Office of the City Engineer 108 E Green St Room 202 Ithaca, NY 14850 Please review the enclosed documents; if you still have any questions about this notice or the process, you may contact our office at (607) 274 -6532 or (607) 274 -6527 or email IvnnevCla citvofrthaca.oro. Staff is limited and responses may take several weeks. An Equal Opporrunim Employer with a commitment to workforce diversification.' �� INFORMATION ABOUT SIDEWALK AND DRIVEWAYS IN THE CITY OF ITHACA ............................................................ ............................... GENERAL RESPONSIBILITIES - Owners are responsible for keeping all areas between their property line and the curb, including sidewalks, driveways, walls, paved areas, lawn, steps, plants, hedges and vegetation, except city -owned street trees in a safe condition and free of defects. This responsibility includes proper repair and replacement, and regular maintenance such as removal of debris and hazards, mooring and trimming, leaf removal and snow and ice removal. Owners may delegate duties to tenants or others, but retain primary responsibility. LIABILITY - Owners are liable for injury or property damage related to condition of the area between their property line and the curb. Failure to comply with maintenance responsibilities can result in daily tickets and fines. SIDEWALKS AND DRIVEWAYS — Sidewalks are to be concrete and a minimum of five feet wide and driveways are asphalt or concrete, except where variances are authorized by the Superintendent of Public Works. SIDEWALK NOTICES - If an owner has failed to keep sidewalks, approaches or driveways in a safe condition and free of defects, the City may send a notice requiring an owner to construct or repair such areas. Owners are required to perform work in conformity with rules and requirements with a valid street permit, within 60 days from the notice date, unless a longer period is specified. Width, grade and alignment requirements may be specified. If grades or alignments change, replacement of a slab or two at the adjoining property may be required to complete a suitable transition. Connections to adjacent sidewalk shall be safe, accessible and provide a good appearance. SIDEWALK REPAIR BY CITY - The City may order the construction or repair to be made by the City at owner expense if the work Is not complete by the 60 day deadline. The City may demand or cause immediate repair if there is a significant public health or safety risk. Owners are charged for the cost of City work plus 25 %. SNOW REMOVAL — Owners are required to keep the full width of sidewalks dear of snow and ice except within 24 hours after the beginning of a snowfall. Sidewalk includes pads adjacent to curbs and comer curb ramps. When snow and ice on any sidewalk is frozen so hard that it cannot reasonably be removed, it shall, within 24 hours after the beginning of a snowfall be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleared of snow, ice and other materials strewn thereon. Failure to comply shall be punished by ticket and fine. Each day that a violation continues shall be considered a separate offense. SNOW REMOVAL BY CITY - Whenever any sidewalk is not kept free from snow and ice as required. the City may clear the sidewalk so that it is free from snow and ice at owner expense. The minimum charge is $50. Altemately, the charge may itemize actual labor equipment and materials charges if they exceed $50. If snow removal bills are not paid within 30 days, the cost shall be assessed against the property, added to its tax and become a lien against the property. Appeals must be made in writing to the Ithaca City Clerk within 45 days after the mailing of the bill to be decided by the Board of Public Works. NEW SIDEWALK INSTALLATIONS - Upon request, or on its own, the Board of Public Works may hold a public hearing and direct that new sidewalks and driveways be constructed on any street, either by contract or by the property owners, in accordance with requirements. Typically, owners are assessed for costs plus 25% if the City performs the work. PERMIT REQUIREMENTS - Construction and repair work, including concrete patching, requires a street permit from the Superintendent of Public Works. Permits currently cost $30 or less, and sidewalk permits cost $5. Work must be performed in accordance with general drawings and specifications issued by Office of City Engineer and any special conditions or requirements imposed, such as posting pedestrian detour signs. Contractors or owners may apply for permits. Insurance is required, and additionally, workers compensation documentation is required for contractor applicants. Violation of requirements can result in a daily penalty of up to $250 or imprisonment for up to 15 days or both. Work under a street tree may also require a tree permit from the City Forester. ASSESSMENTS FOR SIDEWALK AND DRIVEWAY IMPROVEMENTS - Expenses incurred by the City plus a 25% overhead fee shall be billed to the property owner, due within 30 days. Altemately, a written request may be made to the City Chamberlain within 30 days of the billing to pay in five annual installments, plus interest. If any bill a installment is not paid by November 1 of each year, it becomes a lien against the property. For further detail, please review City of Ithaca Code online at www.citvofithaca.ora (click on 'City Code" and search on sidewalk) or review City Code books at the City Clerk Office, 108 E Green St, Ithaca. SIDEWALK INSPECTION ITHACA CITY ENGINEER'S OFFICE 108 East Green Street Ithaca, W 14850 607- 274 -8530 FAX 607-272-7348 Blocks 4" Cttyx 25 = 75 sq ft Blocks 6"Cityx25 = _sqft Grinds City OWNER Moro 6ayi ADDRESS 401 Or"n sk V PARCEL 72-4 -16 INSPE R DATE Green 5+. Q Owner Responsibility (Other) Blocks 4" Owner x 25 = 1$0 sq it �Blocks 5 " Owner x25= app sgft Grinds Owner mcea on: Old S {yle R%mp, n" -&'Me Surrnce. U 60 � .. 4 / 17f PEA rF. F Condemnable {�_ U Unsatisfactory T Tree Damage e s - rJ^• G Grind Joint - d J Joint not Level R Curb Ramp - - - - W Gress in Joint .... F Missing Slab .. .. .... .. .. „ ... ® Surface Deterioration - - ® Cracking.