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HomeMy WebLinkAbout08-28-17 Board of Public Works Meeting Agenda BPW Meeting Board of Public Works DATE: August 28, 2017 TIME: 4:45 pm LOCATION: 3rd Floor, City Hall, Council Chambers 108 E. Green St., Ithaca 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 and fourth Mondays 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. AGENDA ITEMS Topic Voting? Presenter(s) Time Allowed 1. Call to Order/Agenda Review No Mayor Myrick 2. Mayor’s Communications No Mayor Myrick 3. Communications and Hearings from Persons Before the Board No Public 5 min. 4. Response to the Public No Commissioners 5. Reports A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff No Various 15 min. 6. New Presentations A. 7. Administration & Communications A. Approval of Minutes 1. April 10, 2017 Yes Mayor Myrick 5 min. 8. Buildings, Properties, Refuse & Transit A. 9. Highways, Streets & Sidewalks A. Request for Encroachment Agreement/License at 144 East Spencer Street – Resolution Yes Dir. of Eng. Logue 5 min. A License Agreement has been drafted by the City Attorney’s office for the Board’s review and approval. B. Approval of 2018 Sidewalk Improvement District Work Plan and Assessment Roll – Resolution Yes Dir. of Eng. Logue 5 min. The public hearing was held on August 14, 2017. 10. Parking & Traffic A. 11. Creeks, Bridges & Parks A. Approval to Close Stewart Park to Vehicular Traffic during the Cayuga Sound Festival on September 23, 2017 – Resolution Yes Supt. Thorne 10 min. An updated map and resolution have been provided, per the Board discussion. Page 2 of 9 Topic Voting? Presenter(s) Time Allowed 12. Discussion Items A. Appeal of Water Bill for 142 South Aurora Street No Asst. Supt. Whitney 10 min. Further information to be presented at meeting. B. C. D. 13. New Business No 14. Adjournment Yes Page 3 of 9 9A. Request for Encroachment Agreement/License at 144 East Spencer Street WHEREAS, Asaf J. Dror, owner of the property at 144 East Spencer Street (Tax Map Parcel No. 81.-10-2), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent street right-of-way for East Spencer Street and City-owned property of 121-35 East Clinton Street (Tax Map Parcel No. 81.-10-1) ; and WHEREAS, the encroachment consists of the following: 1) On the southeastern face of the building, a portion of the porch approximately 15 feet long, encroaching in the City right of way to the southeast by approximately 0.5 feet together with a stairway approximately 5 feet wide and encroaching in the City right of way to the southeast by approximately 2.5 feet, thereby encompassing an encroachment of approximately 17.5 square feet, and 2) On the northeastern face of the building and lot line, a stonewall encroaching onto the City property located at 121-35 East Clinton Street (Tax Map Parcel No. 81.-10-1) by approximately 5.6 feet by 2.5 feet together with a second irregular stone wall approximately 22.5 feet long encroaching onto the aforementioned City property by no more than 2 feet in width, and Both of which are shown on a resurvey map prepared by Michael John Reagan of Reagan Land Surveying, dated June 8, 2017. WHEREAS, it appears that the first described encroachment is inside the current location of the existing public sidewalks on East Spencer Street and will not interfere with the sidewalk as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, for use of City-owned property, the City requires an initial application fee of $100 for new licenses, but stipulates that the annual use fee shall be waived for minor encroachments, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 144 East Spencer Street, as proposed, contingent upon the execution of a license/agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license/agreement allowing said encroachment, revocable upon 90 days’ written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City’s Municipal Code. Page 4 of 9 AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this ___ day of ____________, 2017, by and between: ► Asaf J. Dror, the owner of the property at 144 East Spencer Street, Ithaca, NY 14850, (hereinafter referred to as “LICENSEE”), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly known and designated as144 East Spencer Street, Ithaca, New York, and as Tax Map Parcel No. 81.-10-2; and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above-referenced parcel of LICENSEE, which CITY-owned land consists of approximately 40 square feet and is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: 1) On the southeastern face of the building located at 144 East Spencer Street, a portion of the porch approximately 15 feet long, encroaching in the City right of way to the southeast by approximately 0.5 feet together with a stairway approximately 5 feet wide and encroaching in the City right of way to the southeast by approximately 2.5 feet, thereby encompassing an encroachment of approximately 17.5 square feet, and 2) On the northeastern face of the building located at 144 East Spencer Street and lot line of the same, a stonewall encroaching onto the City property located at 121-35 East Clinton Street (Tax Map Parcel No. 81.-10-1) by approximately 5.6 feet by 2.5 feet together with a second irregular stone wall approximately 22.5 feet long encroaching onto the aforementioned City property by no more than 2 feet in width, and Both of which are shown on a resurvey map prepared by Michael John Reagan of Reagan Land Surveying, dated June 8, 2017, and is hereby attached and incorporated into this agreement as Exhibit A; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons; and WHEREAS, the CITY’s Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above-described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: Page 5 of 9 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City-owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE of the above-described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License/Agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing April 1, 2017 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2018. This License shall renew automatically thereafter, for one-year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1st), and provided that the CITY has not notified LICENSEE, by March 1st, of the CITY’s intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days’ written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro-rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month’s notice that the Superintendent has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months’ written notice to LICENSEE that the CITY’s Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non-emergency revocation or modification to the CITY’s Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro-rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain’s office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2017, until March 31, 2018) is $0.00. This Use Fee is waived because the described use is a minor encroachment. Page 6 of 9 In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1st prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro-rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public’s use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE’s failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE’s duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro-rated refund due to LICENSEE and/or may assess the cost thereof (plus 25%) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached-upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance of the afore-mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE’s obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. Page 7 of 9 11. In the event of the expiration and non-renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re-application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee’s name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. _______________________________ (Licensee) By: _________________________________ (signature) __________________________________ (print name and title) CITY OF ITHACA By: _________________________________ Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of ____________, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. ____________________________________ Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of _____________, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. ____________________________________ Notary Public Approved as to form and content: ______________________________________ ____________________________ City Attorney Date Page 8 of 9 9B. Approval of 2018 Sidewalk Improvement District Work Plan and Assessment Roll – Resolution WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair; and WHEREAS the Board of Public Works is responsible for recommending to the Common Council a budget and schedule of work for each SID district for each fiscal year, following a public hearing; and WHEREAS the Board has received a proposed SID assessment roll, budget, and schedule of work for Fiscal Year 2018; and WHEREAS the City provided public notice of the SID assessment roll, budget, and schedule of work in August 2017; and WHEREAS owners of assessed properties were provided an opportunity to file written objections with the City Clerk, and present evidence to the Board at a public hearing on August 14, 2017; and WHEREAS the Board has given due consideration to the objections, if any, presented by the property owners in accordance with Section C-73; now, therefore, be it RESOLVED, That the Board recommends, subject to amendment and approval by the Common Council, the 2018 budget and schedule of work attached hereto, and be it further RESOLVED, That the Board finally approves the schedule of assessments constituting the 2018 assessment roll, which are reflected on the assessment roll kept on file with the City Clerk, which roll the Superintendent of Public Works shall on behalf of the Board file with the Common Council in the form of an upcoming Committee agenda thereof, and which roll shall thereafter be confirmed, as amended, by the Common Council by local law after a public hearing, creating a lien upon the real property so assessed. Page 9 of 9 11A. Approval of the Cayuga Sound Festival Request to Close Stewart Park to Vehicular Traffic and to Temporarily Re-Route the Cayuga Waterfront Trail within the Park – Resolution WHEREAS, a new ticketed Cayuga Sound Festival will be held in Stewart Park on September 23, 2017, with surplus proceeds going to local non-profit organizations; and WHEREAS, event organizers have requested to close Stewart Park to public vehicular traffic, to fence off the festival area (approximately the western half of the park), and to reroute the Cayuga Waterfront Trail; and WHEREAS, the City of Ithaca Special Events committee is reviewing this festival and moving toward approvals and has requested that the BPW approve the request to use the park; and WHEREAS, the Board of Public Works discussed the Cayuga Sound requests on August 14, 2017, including the Festival’s plans to manage traffic, pedestrian and bicycle access, and emergency vehicle access; now, therefore be it RESOLVED, That the Board of Public Works hereby approves the closure of Stewart Park to vehicular access on Saturday, September 23rd, including the temporary rerouting of the Cayuga Waterfront Trail.