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HomeMy WebLinkAboutMN-BPW-2015-04-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. April 27, 2015 PRESENT: Mayor Myrick Commissioners (3) - Darling, Greene, Goldsmith OTHERS PRESENT: Superintendent of Public Works - Thorne Asst. Supt. for Streets & Facilities – Benjamin Asst. Supt. for Water & Sewer - Whitney Director of Engineering - West Parking Director – Nagy Information Management Specialist – Myers Alderperson Fleming Sidewalk Program Manager – Hathaway Civil Engineer – Yost Engineering Technician – Johnson EXCUSED: Commissioners Jenkins, Warden ADDITIONS TO OR DELETIONS FROM THE AGENDA: None MAYOR'S COMMUNICATIONS: The Mayor had no communications for the Board. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Albert Smith, owner of the “Hot Truck”, addressed the Board to provide an update in response to questions that arose at the March 23rd BPW meeting regarding relocation of the Hot Truck. There is electric at the location, and at his cost he will install an underground service, which will be done by Richardson Brothers Electric and NYSEG. He noted that Director of Planning, Building, Zoning, and Economic Development Cornish did not want another electric pole at this location. In addition, at the new location, the 500 block of Eddy Street, there are two parking spots, one for Ithaca Carshare, and the other for the hot truck – although either spot would work for the hot truck. There will be the loss of one metered space on Eddy Street; however, another metered spot at the former hot truck location will open up on Stewart Avenue. RESPONSE TO PUBLIC: There was no response to public comment. REPORTS: CC Liaison Fleming reported that at the last City Administration Committee meeting, the committee approved unanimously by a 5-1 vote to approve the proposed license between the City of Ithaca and the Cascadilla Boat Club. The final vote by Common Council to approve the license will take place at their May 6th meeting. Commissioner Darling reported that the property at the end of Lake Street and near the bridge is up for auction for back taxes. He noted that there is a lot of public opinion that the City should acquire it to add as another Natural Area. If the city were to acquire it, the back taxes would need to be paid to the county. He wanted to give the Board a “heads-up” as this may be a possible point of discussion in the near future. It probably would not be a bad idea to control that piece of property, and the view of Ithaca Falls is pretty spectacular behind house. Director of Engineering West reported that the renovation of Stewart Park bathrooms will begin on May 1. A kick-off ceremony for the start of work for Skate Park was held, and needs to be completed within a two month construction window. The work on the final phase of the Cayuga Waterfront Trail is proceeding easterly. The new bump-outs project on Green and Seneca Streets will start mid-May. The remobilization of work on Old Elmira Road will start next week 2 Board of Public Works Meeting Minutes April 27, 2015 and will involve the installation of sidewalks. Transportation Engineer Logue is working with staff from Ithaca Neighborhood Housing on the Spencer Road housing development project, and installation of new sidewalks there. Asst. Supt. Benjamin reported that work has started on the Third Street Crossing Project. The contractor found a badly deteriorated storm water pipe which will have to replaced - what's not in the contract will mean more work on City's part. The construction of ramps on Tioga Street is continuing and they look good. Asst. Supt. Whitney reported that replacement of a water main section on Third Street near the Cayuga Waterfront Trail area was completed last week. It was done by directional drilling method so the trail did not have to be excavated, and rather than a possible $60,000 cost, the work was completed for $6,000. His crews began work on the water main on Willard Way today; he estimates that this work should be completed by the end of May. Crews replaced the last section of frozen water pipe on Highland Place, and have now repaired all the damage as a result of frozen water lines. In addition, crews retired and disconnected all the water services at Stewart Avenue and Osmun place as a result of the recent Chapter House fire so the structures can be renovated without damage to the services. The work on the rebuild of the water plant is on schedule; however, there is still a lot of work to do to complete the project. Director of Parking Nagy reported that five holes have been made for the new pay stations, and three cement pads have been completed. The work to install all the new pay stations should be completed within the next three weeks and then the pay stations can be mounted. A new element in the parking software was installed in April 21st with some initial problems but everything is up and running now. Some of the challenges with the new pay stations are trying to operate the new software on older operating systems in order to be compliant with the new system. Another challenge has been that over 90% of the monthly permit information was entered incorrectly. It all had to be re-entered and adjusted because the new system is more sensitive and stringent about how information is entered to insure that consistency and accuracy is maintained. Supt. Thorne stated that he is still in the process of pulling together the Mayor’s new “Water Recreational Working Group”; he hopes to have a kick-off meeting in the next two to three weeks. Public Comment: Mayor Myrick and the Board granted permission for the following people to address the Board at this time. They meant to be in time for the regular public comment portion of the meeting but were delayed. All three of the persons addressed the Board to request that consideration be given to renaming Plain Street to “Nelson Mandela” Street. Jaylen Young, freshman at Ithaca College, stated that through this street renaming project they hope to honor former South African President Mandela’s legacy and pay respect to his tributes. He submitted, for the record, a petition signed 60-80 people in support of the proposal. Sophia Conger, Ithaca College Student, noted that she met Gino Bush through one of her professors discussing racism and current events around racism across the country, and in Ithaca as well. She plans to make a documentary, since she is a film major at IC, about the request. She stated that the Ithaca community seemed supportive of the proposal as she took the petition around for signatures. She further stated that this proposal is very important to her and her classmates as well. 3 Board of Public Works Meeting Minutes April 27, 2015 Gino Bush, City of Ithaca, stated that he would like to see the renaming of Plain Street for Nelson Mandela because of what he did to change the world, especially forgiving those that put him in prison. He went on to become President of South Africa and was a strong man with principles and honor. He, also, noted that he has gotten a lot of support for the renaming of Plain Street from the Ithaca Community. He stated that currently there are10 streets in the United States named after Nelson Mandela; Ithaca would be the first municipality in New York State to do this - which would be an honor for the community. He asked the Board to give serious thought to the request and what it would mean for the whole community. Mayor Myrick responded that this item would be placed on a future agenda for discussion. NEW PROJECT PRESENTATION: Six Mile Creek Retaining Wall Design Options: Civil Engineer Yost and Mr. Dan Walker from LaBella Associates joined the Board for discussion of this item. Mr. Walker provided a PowerPoint presentation of the existing conditions, project constraints, and design alternatives. The presentation included the following: EXISTING CONDITIONS: A section of the concrete retailing wall on the South Side of Six Mile Creek west of the South Cayuga Street bridge has failed. The failed wall section is located downstream of a curve in the creek and high stream flows have eroded the stream bottom at the base of the wall. The scour hole that has formed under the wall has caused the failure of the wall. The existing wall section has a three foot wide base tapering to a top width of approximately 18 inches wide with a ten foot height. The base was set at an elevation approximately 2 feet below the original stream bottom. The wall was cast in place and has minimal reinforcement. The remainder of the flood wall is in fair to poor condition with significant spalling and eroded surfaces. There is a small concrete building at the upstream end of the failed wall section with concrete foundations that extend approximately 6 feet into the creek. A 24" clay tile storm drain apparently extended through the original concrete wall. The failure of a section of this drain appears to have allowed water to flow behind the wall contributing to the failure. The scope of wall replacement has been determined by field inspection that shows the section of wall to be replaced, and adjacent sections to be tied into. The plan is based on replacement of approximately 20 feet of the downstream wall which is nearing failure located on the South Side of Six Mile Creek located west of South Cayuga Street. Survey work has been completed and a topographic map to cover the project area including South Titus Avenue and the entire stream section from the Cayuga Street Bridge to 100 feet Downstream of the failed wall section has been prepared. Two soil borings were completed from the top of the bank at the wall location and were advanced approximately 40 feet below the top of bank surface, and a minimum of 20 feet below the channel bottom elevation. The borings were advanced with a hollow stem with split spoon soil sampling. A Subsurface Exploration Report, dated February 2015, was completed and provided to the City. PROJECT CONSTRAINTS: Six Mile Creek is a navigable waterway and a protected stream so there are limitations on stream bed disturbance, sediment and erosion control and when work can be performed in the stream. Repair of the wall will require permits from New York State Department of Environmental Conservation (NYSDEC) and the United States Army Corps. Of Engineers and must be accomplished with minimal disturbance. Six Mile Creek is classified as a Rainbow Trout spawning stream by NYSDEC which limits work in the stream channel to the time period between July 1st and October 1st. The existing stream bottom configuration and channel capacity must be maintained. 4 Board of Public Works Meeting Minutes April 27, 2015 DESIGN ALTERNATIVES: There are several design alternatives for repairing the retaining wall and protecting the bank of the channel and the city street. The City of Ithaca is requesting a design solution that is cost effective, environmentally sound with a minimum life of 10 years. This small section of wall is part of an extensive channel protection system that is nearing or past its design life and the City has limited budget available for maintenance of the facility. Based on this limitation, a repair option that can be implemented incrementally is important. The Superintendent of Public Works has also suggested a design that would allow the work to be completed by the City’s Department of Public Works is also a consideration. Alternate 1- Replacement with a Cast in place concrete retaining wall: A cast in place retaining wall is consistent with the existing stream bank protection system and would maintain the existing character of the Stream channel. A concrete wall would maintain the existing channel capacity and would allow maintenance of the grassed bank area between the creek and the roadway. This type of replacement would be considered a long term improvement with an effective life of 50 years. Installation of a cast in place concrete wall would require excavation below the bottom of the creek bed for the construction of a foundation. A sheet pile toe wall is proposed to protect the stream bottom and protect the foundation excavation area. Temporary pumping to maintain a dry foundation would be required during the forming and pouring of the base slab. The construction of this type of replacement would be beyond the capabilities of the current DPW staff and would require contracting out for the work. The estimated cost for this type of repair for 100 linear feet of wall would be $210,000. Alternate 2- Steel Sheet Pile: A sheet pile retaining wall can be installed with a minimal amount of stream disturbance as long as there is a sufficient depth of soil for the installation. Based on the soil borings a 10 foot high Sheet Pile wall will need to be driven to 20 feet for stability for a total sheet length of 30 feet. This type of construction can be capped with concrete to maintain some continuity with the existing retaining wall. Installation of sheet pile requires a crane or excavator with a pile driver, and can be installed from the top of the bank. Life expectancy is considered to be over 50 years. Sheet pile has the advantage of being removable and reusable if a long term major channel project is undertaken. This method of repair is also suitable for incremental or spot repairs for rapid response if additional sections need reinforcement. The work could also be done using available city equipment and labor working with a specialized Pile Driving Sub-Contractor. Project cost would be in the $150,000.00 to $200,000.00 range depending on how much of the project is done with City DPW crews. Alternate 3- Pre-Cast Concrete Block Gravity wall: Pre-Cast Concrete Block Gravity walls are constructed of large interlocking concrete blocks. They can be installed vertically for low heights but are generally installed with a 2" to 4" setback for each course resulting in a slightly sloped face. Typical Blocks are 18" to 36" high and 4' to 8' wide in varying depths depending on the height of wall and the sloped surcharge above the wall. A sheet pile toe wall is proposed to protect the stream bottom and protect the foundation excavation area. A Crushed Stone base layer is placed below the first course of the block wall. The Blocks can be placed from above using a crane or excavator. Life expectancy of pre-cast concrete block walls is over 25 years. This method of repair is also suitable for incremental projects as additional units can be added easily due to the modular nature of the blocks. 5 Board of Public Works Meeting Minutes April 27, 2015 There are several pre-cast concrete suppliers that produce gravity retaining wall systems in the region and there are two typical configurations. One type is a solid block that is generally 4' wide and 18" high with a 41" depth. The other type is a hollow block that is typically 8' wide and 3' high with a 44"depth which is filled with crushed stone after placement. One additional benefit of this type of wall is that the blocks can be cast with natural appearing stone finishes. The estimated cost for this type of construction for 100 feet of wall replacement is approximately $160,000.00 - if city crews are utilized. Mr. Walker noted that he is aware that the City would like to be able to do most of the work so LaBella is looking at alternatives with that in mind. One alternative is to replace in-kind, except with adequate foundation underneath the bank – not in the stream because of the trout. He further stated that the next option would be steel sheet piles to replace what is missing but it is not attractive and he doesn’t believe the City would want to maintain that kind of appearance. The next combination would be sheet pile driven pre-cast hollow concrete blocks on top of gravel foundation behind sheet pile wall. This type of work was done below the street at the access ramp, and is similar in appearance to what was done in the creek behind the Ithaca Police Department. The cost for the three alternatives follows:  Cast in place concrete – estimated cost $210,000.00  Sheet pile – estimated cost $350,000.00  Toe wall and Pre-Cast block – estimated cost $160,000.00  Basic foundation with sheet pile toe – estimated cost $68,000.00  Cost to remove 100’ of existing wall – estimated cost $100,000.00 Supt. Thorne explained that the one thing the City asked for was something that could be done by city crews. The standard detail has been approved by NYSDEC and sheet piling will need to be done no matter what option is chosen. The budget, right now, for the project is $100,000.00. He suggested that something be done in the interim until a capital project for the cost of the project can be established. He would recommend that the sheet piling and base be installed in order to protect the bank since that may be all that the City can afford right now. Mr. Walker stated that currently 70' of the wall is tipping; 100' of sheet piling and protecting the toe could be done for about $60,000.00. The demolition on what collapsed or something a little less about 40' could be done to stay with the current budget. The blocks can be installed in increments as funds become available. Asst. Supt. Benjamin stated that once the shoring is in place and the toe protected, the rest of the work can be done out of the water. City crews could work on it during the winter since it won’t be in the water, it’s not weather dependent, and NYSDEC would approve since the work would take place typically in November and December. Discussion followed on the floor regarding the pros/cons of the various alternatives, durability, and costs. Mr. Walker reported that he spoke with representatives from NYSDEC and they would be very comfortable extending 2’ beyond the existing wall and 2’ above with no impact on the stream, as long as full hydraulic is maintained in the stream. Supt. Thorne stated that having the steel toes installed is very necessary to the project. He would like a contractor to come in and do the sheet piling and then go from there with the budget. He reminded the Board that the only time the sheet piling can be done is July 15th to October 1st. Director of Engineering West noted that doing it that way would allow the City to move forward with the rest of the design for the project. Mayor Myrick asked if the Board would like to have the sheet piling of the toes done and then see what can be done with the rest of the current budget, and city crews. 6 Board of Public Works Meeting Minutes April 27, 2015 The Board all agreed that they would like to see the project proceed in that direction. BUILDINGS, PROPERTIES, REFUSE & TRANSIT: A. Request for License to Use Certain Property Located at 311 Floral Avenue for the Purposes of Establishing and Maintaining a Community Garden - Resolution By Commissioner Goldsmith: Seconded by Commissioner Darling WHEREAS, in 2014, Chrys Gardener, as representative of Cornell Cooperative Extension - Tompkins County, hereinafter “the Applicant”, requested permission from the City to create, establish, and maintain a community garden in certain City-owned property at 311 Floral Ave; and WHEREAS, the proposed use of City land for the community garden consists of the following: A community garden comprised of an area approximately 35 feet wide by 215 feet long, thereby encompassing approximately 7,525 square feet. Such square footage shall also include a perimeter fence and a flower bed for pollination and beautification purposes. WHEREAS, Board of Public Works was supportive of establishing a community garden in this location, but recognized that the garden needed additional City approvals; and WHEREAS, on June 3, 2014, the Applicant requested a special permit from the City Board of Zoning Appeals, as required under Section 325-9C(1)(L) of the City’s zoning code, and such special permit was approved on June 11, 2014; and WHEREAS, the Applicant provided an update to the Board of Public Works on March 9, 2015 on the garden’s progress, approvals, and remaining challenges; and WHEREAS, the Board is supportive of Applicant’s use of a 50 by 75 foot area south of the garden, located at 337-51 Floral Ave, tax map parcel 97.-2-1, to be used for drop off or pick up purposes only; and WHEREAS, the Board is supportive of Applicant’s use of the City-owned parking area located in the southern portion of 253 Floral Ave, tax map parcel 77.-3-1 to fulfill City zoning requirements; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, in 2010, the Board of Public Works established a schedule for use fees, and authorized that fees for unique uses of City land may be established on a case-by-case basis, which for this use and in consideration of the Applicant’s improvements to create the garden and the benefit to the public in establishing a community garden in this location, the Board has set the annual use fee at $1; now, therefore be it RESOLVED, That the Board of Public Works hereby grants the request for a license agreement to establish and maintain a community garden at 311 Floral Ave, as proposed, contingent upon: 1) compliance with all City requirements pertaining to parking and/or use of the 50 by 75 foot area south of the garden for drop off or pick up; 2) execution of a license/agreement and submission of the required application form and the applicable fee (and renewal fees for any subsequent terms); and 3) 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. 7 Board of Public Works Meeting Minutes April 27, 2015 AGREEMENT/REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this ___ day of ____________, 2015, by and between: ► Cornell Cooperative Extension – Tompkins County, 615 Willow Avenue, 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, the CITY possesses certain land hereinafter described which is not anticipated to be necessary for dedicated municipal purposes on the dates and during the times specified herein, 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 180 square feet, and which use can be described as follows: A community garden encompassing 7,525 square feet located at the southern most end of 311 Floral Avenue, Tax Map Parcel 96.-1-1, within a fenced-in area approximately 35 feet wide by 215 feet long. Such square footage shall also include the perimeter fence and a flower bed for pollination and beautification purposes. LICENSEE shall also be permitted to use on a limited basis the following: a 50 by 75 foot area south of the garden at 337-51 Floral Avenue, Tax Map Parcel 97.-2-1, for the purpose of delivery and pick up only; City-owned parking area located at the southern end of 253 Floral Avenue, Tax Map Parcel 77.-3-1 for garden parking only; 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; 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: 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, and contingent on LICENSEE’s compliance with the CITY zoning code, including any special permits or variances issued to LICENSEE for the purpose of establishing a community garden as described above. 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 May 1, 2015 (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, 2016. 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. 8 Board of Public Works Meeting Minutes April 27, 2015 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 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. This fee is due by May 1, 2015. Annual Use Fee: The Use Fee for the initial year of this license (May 1, 2015, until March 31, 2016) is $1.00. A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain’s office by May 1, 2015. 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 use (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, 9 Board of Public Works Meeting Minutes April 27, 2015 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Cornell Cooperative Extension – Tompkins County, 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 ____________, 2015, 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 _____________, 2015, 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 Alderperson Fleming questioned how the use fee of $1.00 was arrived at? Mayor Myrick responded that it was because this use was determined to be unique and beneficial to public. 10 Board of Public Works Meeting Minutes April 27, 2015 Asst. Supt. Thorne stated that the other community garden is charged this same amount, and users of the garden will be charged $1.00 per year. A Vote on the Resolution Resulted as Follows: Carried Unanimously HIGHWAYS, STREETS & SIDEWALKS: Resolution to Amend Vehicle and Traffic Schedules - XII: Parking Prohibited at All Times and XX: Continuous Parking (aka "24 Hour Parking) By Commissioner Darling: Seconded by Commissioner Greene WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law; and WHEREAS, the Office of the City Engineer proposes the installation of bicycle lanes in the 500- 1200 blocks of N. Cayuga St. as detailed in a memo to the BPW dated April 9, 2015, the plan for which necessitates the consolidation of on-street parking to the east side of the street in the 500-1000 blocks and the elimination of all on-street parking in the 1100-1200 blocks; and WHEREAS, the Board of Public Works concurs; now, therefore be it RESOLVED, That the following amendments to the Vehicle and Traffic Schedules shall be made: Schedule XII: Parking Prohibited at All Times Name of Street Side Location (From/To) Cayuga Street West Farm St. to Lincoln St. Cayuga Street Both Lincoln St. to City Line Schedule XX: Continuous Parking (aka "24 Hour Parking) Name or Street Side Location Cayuga Street East From Marshall St. to Lincoln St. Transportation Engineer Logue provided the following back-up information with the agenda packet related to this request: “As discussed at the February 9, 2015 BPW meeting the Department of Public Works will be repaving North Cayuga Street between Lincoln Street and Cascadilla Street this year and has the opportunity to install bike lanes as a component of this project. Due to existing curb-to-curb width, installing the bike lanes would require the consolidation of on-street parking to one side of the street. At the meeting, Commissioners expressed interest in this approach, and requested a media release soliciting public input, as well as additional information about parking impacts. Public support The City issued a media release on March 4, 2015 requesting comments on this issue; the Ithaca Journal (3/6/15) and Tompkins Weekly (3/9-15/15) produced related articles. The City received 71 comments in support of installing the bike lanes/consolidating parking and 15 comments in opposition. The comments in support included letters from the Ithaca-Tompkins County Transportation Council, the Bicycle Pedestrian Advisory Council, Bike-Walk Tompkins, and Nick Goldsmith, City/Town Sustainability Coordinator. The comments will be emailed to Board of Public Works Commissioners. They are 30 pages long and include some personal information from individuals. In general, people were simply in favor or discussed the importance of the City making the investment in bicycle infrastructure and the usefulness of Cayuga Street in travels. Comments against were not so much about the parking but more so that there weren't many bicyclists or just didn't seem to be needed. 11 Board of Public Works Meeting Minutes April 27, 2015 Parking impact Along the segment of Cayuga Street under consideration (between Cascadilla St. and York St.), there are approximately 136 on-street parking spaces currently available; none of the spaces is metered. To install bike lanes and maintain minimum lane widths, parking needs to be consolidated on one side of the street. We recommend putting the parking on the east side for two reasons. First, it would retain the 5 on-street spaces fronting the businesses in the 500 block. Despite the fact that this is the only block with an imbalance of available on-street spaces (14 along the park and 5 along the businesses), we think it makes sense to maintain the spaces in front of the businesses for customers and deliveries; the parking along the park is mostly used by commuters parking for free. Additionally, all the businesses in that block have off-street parking. With the exception of this block, the number of on-street parking spaces on each side of the street is about even. Note: the two blocks north of Lincoln Street are slightly narrower and would require all parking to be removed so that safe bike lane and travel lane widths can be maintained; repaving is not scheduled for these two blocks, but bike lanes should be installed to connect to the bike lanes that will be installed north of York Street as part of the “Safe Routes to School” project this summer. Second, considerably less traffic travels in the northbound direction along Cayuga Street and east-side parking would therefore present fewer conflicts with vehicles and bicycles. Our counts over the years show that the closer to downtown, the more imbalanced the volumes. Counts closer to the high school are more balanced. In the above scenario, over the eight city blocks, approximately 82 parking spaces (60%) would be eliminated. Based on the parking occupancy data collected, there appears to be adequate on-street parking capacity to accommodate the existing demand along the east side of the street. With that said, the parking demand does fluctuate and it is anticipated that demand will surpass the available supply on occasion, particularly in the 500, 800, and 1100 blocks. In the 500 & 800 blocks, only a small number of on-street parking spaces are available along the east side of the street, but the adjacent 400, 600, 700, and 900 blocks appear to have adequate capacity to absorb excess demand from the 500 and 800 blocks. Additionally, side streets should be able to absorb any overflow. The 1100 block is too narrow to permit bike lanes with any on-street parking, but it is only lightly occupied so the adjacent streets should be able to absorb its low demand. Lastly, the vast majority of properties along North Cayuga Street have driveways and off-street parking. Recommendation Based on the approved Bicycle Plan, the project based opportunity, the public feedback, and the parking impact analysis, we recommend consolidating the parking to the east side of the street and installing bicycle lanes. Parking regulations would need to be modified. We suggest that the one hour parking limit in the 500 block be maintained and that the rest of the segment be signed for 24 hour limited parking. With the parking consolidated, we have just enough room to stripe two bike lanes. Our proposed section would allow for a 4-foot bike lane southbound along the western curb, two 10-foot travel lanes for motorists, a 5-foot bike lane northbound, and a 7-foot parking lane. As noted above, the blocks north of Lincoln Street are not wide enough to allow for on-street parking and bike lanes, so the recommendation is remove the parking to allow for two 6-foot bike lanes and two 11-foot travel lanes.” A brief discussion followed on the floor regarding the proposal. A Vote On The Resolution Resulted As Follows: Carried Unanimously Resolution to Accept Proposed Modifications to the 2015 Sidewalk Improvement District Work Plan: By Commissioner Goldsmith: Seconded by Commissioner Darling 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 12 Board of Public Works Meeting Minutes April 27, 2015 WHEREAS, the Board has received and reviewed the attached modifications to the schedule of construction work for Fiscal Year 2015; and WHEREAS, the modifications were made to enhance accessibility, minimize construction conflicts, incorporate public feedback, prepare design work and other factors; now, therefore, be it RESOLVED, That the Board approves the revised 2015 schedule of construction work attached hereto. Carried Unanimously Award of Bid for 2015 Sidewalk Improvement District Work, SID Project #2 - Resolution By Commissioner Darling: Seconded by Commissioner Greene WHEREAS, bids were received on April 22, 2015, for the 2015 Sidewalk Improvement District Work, SID Project #2; and WHEREAS, staff has reviewed the five bids received and made a recommendation for award; now, therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for the 2015 Sidewalk Improvement District Work, SID Project #2 to Paul F. Vitale, Inc. for their low bid meeting specifications of $576,782.00; and, be it further RESOLVED, That the Superintendent of Public Works be and hereby is authorized to execute these contracts and to administer the same. Carried Unanimously WATER & SEWER: Reimbursement Request for Thawing Frozen Pipes - Resolution By Commissioner Greene: Seconded by Commissioner Goldsmith WHEREAS, the winter of 2015 was unusually cold, with below freezing temperatures for extended periods of time; and WHEREAS, the City received over 75 reports of frozen water service connections serving city residences and businesses; and WHEREAS, those property owners affected by frozen water services were given an option to either wait for city crews to thaw their services/mains for free on a first come first served basis, or to hire a private contractor at their own expense to thaw their water service if they could not wait; and WHEREAS, St. Paul’s United Methodist Church chose to hire a private plumbing service to assist in thawing their water services, costing $3,700 for three days’ work; and WHEREAS, the Board of Public Works discussed their request for reimbursement on April 13, 2015; now, therefore be it RESOLVED, That the Board of Public Works hereby denies request for reimbursement from St. Paul’s United Methodist Church for the cost of hiring a private plumber to thaw their water service; and, be it further RESOLVED, That the Board of Public Works shall, in general, deny similar requests for reimbursement of pipe thawing costs for frozen water services during the 2015 winter. Carried Unanimously 13 Board of Public Works Meeting Minutes April 27, 2015 Request to Pay Average Water Bill Amounts - Resolution By Commissioner Greene: Seconded by Commissioner Darling WHEREAS, the winter of 2015 was unusually cold, with below freezing temperatures for extended periods of time; and WHEREAS, the City received over 75 reports of frozen water service connections serving city residences and businesses; and WHEREAS, those property owners affected by frozen water services were given an option to either wait for city crews to thaw their services/mains for free on a first come first served basis, or to hire a private contractor at their own expense to thaw their water service if they could not wait; and WHEREAS, those affected property owners whose pipes were thawed either by city crews were advised to run their faucets continuously for several weeks to ensure the water pipes did not refreeze, and will likely receive unusually large water bills; and WHEREAS, the Board of Public Works discussed on April 13, 2015, the request to charge these affected residents and businesses their average winter quarterly water bill for the winter 2015 quarter; now, therefore be it RESOLVED, That the Board of Public Works hereby allows the City Chamberlain’s office to adjust winter 2015 quarterly water bills for affected properties within the City of Ithaca to reflect their average winter quarterly usage, if requested by the water customer. Carried Unanimously Award of Bids for "Water & Sewer Division Pipe and Materials Bids" - Resolution By Commissioner Darling: Seconded by Commissioner Goldsmith WHEREAS, bids were received on April 22, 2015, for pipe and materials to be used during the 2015 construction and maintenance season; and WHEREAS, the bid package consisted of seven separate bid items, each to be awarded separately; and WHEREAS, staff has reviewed the five (5) bids received and made recommendations for award; now, therefore be it RESOLVED, That the Board of Public Works hereby awards Bid 1 for water main pipe to Martisco Corp. of Syracuse, New York, for a total contract of $11,880.00; and be it further RESOLVED, That the Board of Public Works hereby awards Bid 2 for water main fittings to HD Supply Waterworks of Binghamton, New York, for a total contract of $9,595.75; and, be it further RESOLVED, That the Board of Public Works hereby awards Bid 3 for hydrants to HD Supply Waterworks of Binghamton, New York, for a total contract of $2,080.00; and, be it further RESOLVED, That the Board of Public Works hereby awards Bid 4 for valve boxes to HD Supply Waterworks of Binghamton, New York, for a total contract of $3,600.50; and, be it further RESOLVED, That the Board of Public Works hereby awards Bid 5 for valves to HD Supply Waterworks of Binghamton, New York, for a total contract of $4,320.00; and, be it further RESOLVED, That the Board of Public Works hereby awards Bid 6 for flexible couplings to Martisco Corp. of Syracuse, New York, for a total contract of $326.40; and, be it further RESOLVED, That the Board of Public Works hereby awards Bid 7 for water service components to HD Supply Waterworks of Binghamton, New York, for a total contract of $1,301.25; and, be it further 14 Board of Public Works Meeting Minutes April 27, 2015 RESOLVED, That the Superintendent of Public Works, or his designee, be and hereby is authorized to execute these contracts and to administer the same. Carried Unanimously DISCUSSION ITEMS: Request for Encroachment Agreement/License for Sign at Ithaca Cayuga Optical -- 134- 136 East State/Martin Luther King, Jr. Street, The Commons - Proposed WHEREAS, Dr. Alexander Wood, the tenant of the property at 134-36 East State/Martin Luther King, Jr. Street, owned by Renvyle Assoc, LLC, (Tax Map Parcel No. 70.-2-24) in the City of Ithaca has requested an encroachment agreement/license from the City into the adjacent East State/Martin Luther King, Jr. Street (Commons pedestrian space) right-of-way; and WHEREAS, the encroachment consists of the following: A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store’s entrance by approximately 3 feet, thereby encompassing an encroachment into the right-of-way by approximately 4.5 square feet, which is shown on a stamped drawing; and WHEREAS, the Board of Zoning Appeals approved the variance from the 18” projection limit; and WHEREAS, the 2015-16 schedule of fees for use of City-owned property 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 134-136 The Commons, 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 the City of Ithaca Municipal Code Chapter 170 entitled “Use of City Real Property”. Agreement/Revocable License For Use of City Real Property THIS AGREEMENT, made this ___ day of ____________, 2015, by and between: ► Renvyle Associates, LLC, owner, 134-136 East State 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 as 134-136 East State Street, Ithaca, New York, and as Tax Map Parcel No. 70.-2-24; 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 is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: 15 Board of Public Works Meeting Minutes April 27, 2015 A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store’s entrance by approximately 3 feet, thereby encompassing an encroachment into the right of way by approximately 4.5 square feet, which is shown on a drawing stamped and entitled Exhibit A, and is hereby incorporated into this Agreement; 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: 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, 2015 (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, 2016. 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. 16 Board of Public Works Meeting Minutes April 27, 2015 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. This fee is due by March 1, 2015. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2015, until March 31, 2016) is $0.00. This Use Fee is waived because the described use is a minor encroachment. 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. 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. 17 Board of Public Works Meeting Minutes April 27, 2015 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. Renvyle Associates, LLC 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 ____________, 2015, 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 _____________, 2015, 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 she resides at Ithaca, New York, and that she is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that she signed her name thereto upon authorization of the Board of Public Works of such corporation. ____________________________________ Notary Public Approved as to form and content: ______________________________________ ____________________________ City Attorney Date Supt. Thorne reported that he attended the April Commons Advisory Board meeting where this application was reviewed and the Board members all liked and supported it. They felt that with the narrowness of a lot of the stores on The Commons, including this one, make them hard to find. They supported the request even though it might set a precedent for future requests; which they feel should all be within the same size but would be acceptable. Commissioner Darling noted that one of the reasons for such careful review and processes regarding sign permits for The Commons is to avoid “sign war competitions” from various businesses on and around The Commons. As a side note, Chanticleer received a special allowance for their lighted rooster sign to remain on the corner of West State/Martin Luther King, Jr. Street and Cayuga Street. The Board liked how Dr. Wood’s proposed sign looked, and expressed support for the request. A vote on the request will be done at their next meeting. 18 Board of Public Works Meeting Minutes April 27, 2015 Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Proposed Resolution WHEREAS, through, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent Eddy Street right- of-way; and WHEREAS, the encroachment consists of the following: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face. WHEREAS, it appears that the proposed encroachment into the City’s airspace will not interfere with the right of way as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the recommended fee for this permanent easement is $3,073.84, based on the Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation, now, therefore be it RESOLVED, That the Board recommends that Common Council authorize the Mayor to sign the necessary paperwork to grant the easement described above. Planning & Development Board Liaison Darling reported that the Planning and Development Board reviewed the proposal for a design change on the 5th floor, which resulted in a little floor space for two of the apartments being lost – thus the request for the easement. The Planning and Development Board supports the new design and proposed easement because of the owner’s willingness to accept the trade-off proposed by the board. A brief discussion followed on the floor regarding whether the request is for a permanent or perpetual easement that would have an annual license fee associated with it. Mayor Myrick stated that he will check in with the City Attorney to see if he has any new language to recommend for the resolution/agreement, which the Board will vote upon at their next meeting. ADJOURNMENT: On a motion the meeting adjourned at 6:05 p.m. ___________________________________ __________________________________ Sarah L. Myers Svante L. Myrick Information Management Specialist Mayor