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HomeMy WebLinkAboutMN-BPW-1994-06-08147 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:00 P.M. June 8, 1994 PRESENT: Mayor Nichols Commissioners (5) - Gerard, Reeves, Smith, Rusoff, Tripp OTHERS PRESENT: Superintendent of Public 4orks - Gray Assistant Superintendent of Streets and Facilities - Ferrel Senior Stenographer - Holcomb Common Council Liaison - Johnson Deputy City Controller - Thayer EXCUSED: Assistant Superintendent of Water and Sewer - Fabbroni T PLEDGE OF ALLEGIANCE: LO Mayor Nichols led all present in the Pledge of Allegiance to the MT— American flag. W MINUTES: Z Approval Of Minutes of the Mav 25 1994 Board of Public Works gMeeting By Commissioner Tripp: Seconded by Commissioner Reeves RESOLVED, That the Minutes of the May 25, 1994 Board of Public Works meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Commissioner Reeves requested that an item be added under New Business for the Board to have Power to Act at the Committee of the Whole meeting on June 15, 1994 regarding a request for sale of bricks. No Board member objected. COMMUNICATIONS FROM MAYOR: Mayor Nichols,stated that he has copied to the Board a letter that he had received from the residents on Tioga and Tompkins Streets with a petition and a plea for action at that intersection. The matter will be discussed at the Committee of the Whole meeting on June 15. Pis, uoria Miggins, addressed the Board regarding Mr. Cassanitti's project to add bleachers to Case Park. She stated that among the other reviews that will be made on the projects, such as fire safety and stability of structure safety, she feels that an aesthetic review should also be taken into consideration. Commissioner Gerard read a letter from Mr. Cassanitti regarding the bleacher project at Cass Park Rink. REPORT OF COUNCIL LIAISON: Alderperson Johnson reported to the Board on the following items; Common Council passed a resolution approving a salary increase for Assistant Superintendent Ferrel. Common Council passed a resolution to encourage NYSDOT to set up Park and Ride lots during the construction that will be coming up in the next few years. Common Council passed a resolution for the design work on the Route 96 bridge. Common Council passed a resolution regarding the sale of a piece of a lot at the Carpenter Business Park. Common Council passed a resolution increasing the authorization for the Cascadilla Boathouse stabilization. Discussion followed regarding the Cascadilla Boathouse stabilization project. Common Council passed a resolution authorizing the Board of Public Works to develop No Smoking areas at Cass Park. Common Council passed a resolution authorizing the Mayor to sign a contract for the adequacy review of the Wal -Mart DEIS. REPORT OF SUPERINTENDENT• Superintendent Gray reported to the Board on the following: Bridgework Program Extensive discussion followed on the floor. REPORT OF ASSISTANT SUPERINTENDENT OF STREETS AND FACILITIES: Assistant Superintendent Ferrel reported to the Board on the following: Ithaca Festival; Hector Street project has started; Storm drainage installation on Hector Street finished; West Buffalo Street Bridge sink hole found; Alex Haley Pool will open Monday, Cass Park Pool will open 6/24; Flowers being planted on the Commons; Center line striping being done; Therm spill reconstruction project has started; Wood Street Park playground equipment being reviewed; REPORT OF ASSISTANT SUPERINTENDENT OF WATER AND SEWER: Superintendent Gray reported to the Board on the following: The valve exercise program is underway. One -third of the 400 water valves in the City system have been checked. There has been a 158 failure rate. Sewer projects are nearing completion. By Commissioner Rusoff: Seconded e Y Commissioner Tripp WHEREAS, rHerman Sieverding of the Planning Department has presented a revised design (Scheme 2 - Preferred Scheme) as prepared by William Downing Associates for the Drop In Center to the Board of Public Works, and WHEREAS, the Board has reviewed the design and approves of the use of approximately 14,000 square feet of land adjacent to the Water and Sewer building as shown in Scheme 2; now, therefore, be it RESOLVED, That the Board of Public Works recommends the proposed design for the Drop In Center on First Street for consideration by the Budget and Administration Committee.' Carried Unanimously B. Encroachment Re Rest for 313 N. Tio a Street By Commissioner Rusoff: Seconded -by Commissioner Tripp WHEREAS, the City of Ithaca has received a request from Walter J. Wiggins and Marilyn G. Tsapis regarding property known as 313 North Tioga Street, and WHEREAS, Mr. Wiggins and Ms. Tsapis are the current owners of said premises, and 2 149 WHEREAS, the survey of December 1, 1993 shows all of the improvements on the above described premises are located within the bounds of the property except that a portion of the porch encroaches onto the public street known as North Tioga Street, and WHEREAS, it appears that the continued existence of these encroachments will not interfere, xith the use by the public of North Tioga Street; now, therefote -, be it RESOLVED, That the Board of Public Works approves of the encroachment at 313 North Tioga Street for the said porch according to the usual terms, and be it further RESOLVED, That the Mayor is hereby authorized to execute the Encroachment Agreement on behalf of the city. Carried Unanimously T By Commissioner Smith: Seconded byaCommissioner2Trtipphall Street L: WHEREAS, the owners of 112 Marshall Street, Victoria Runoff and T— Sarah Adams, have protested the assessment added to their property M taxes related to sidewalk work done during 1992 at 112 West Z Marshall Street, and g WHEREAS, a hearing was initially held on that matter in front of the Board of Public Works on February 2, 1994, at which time the property owners appeared, and WHEREAS, based on information obtained from the property owners and from city staff, the board has found the following facts to be true: that in April of 1991 Craig Hebdon from the City Engineer's office sent 112 W. Marshall Street a defective sidewalk notice estimating 550 square feet of sidewalk work, of which 300 square feet was the homeowners responsibility. The notice explained the City's 258 administrative charge, encouraged the property owner to have the work done themselves, and notified the owners that a permit was required if they decided to do the work themselves. that with early sidewalk program. Craig a plained Hebdon the program and gave the property owner the usual packet of information (with permit application, technical specs and patching instructions) after Ms. Romanoff said they would do the work themselves - literally. Craig said that if the work was not done by the owners that it would be done by the city in 1992. that in early August 1992 notice was left at 112 West Marshall Street that the sidewalk work would begin the next week. that in late August 1992 Ms. Romanoff called to complain that the contractor was not supplying the full four inches; that he was using a 2x4 giving 3 1/2" depth. Craig visited the site and satisfied himself that the distance from the top of the form work to the compacted base was a minimum of 4 ". A few days later, he got a phone call that the contractor had not provided the proper curing. Craig explained that the contractor was using a spray on membrane to cure and seal the concrete. Ms. Romanoff felt it should be wet cured and covered. After visiting the site, Craig requested that the contractor provide additional protection using F The contractor complied. 297 square feet of "homeowner" sidewalk were replaced as well as 260 square feet of "tree damage" sidewalk. That work was completed before Aug. 31, 1992. 3 150 that at some time in August of 1992 Sarah Adams called F &J Masonry directly because the property owners had additional work they wanted done, and requested that the walks not be done until they spoke. Ms. Romanoff followed up on Aug. 21, 1992 with a request for an estimate for the work. An estimate was apparently written on August 31, 1992. A $500 down payment was apparently paid by the owners on Sept. 8, 1992 and a bill was prepared for the balance of the estimated work, dated Sept. 12, 1992. The down payment accompanied a letter of complaint written by Ms. Romanoff to F &J dated Sept. 6, 1992. No signed contract between the owners and F & J has been produced. No permit was requested for or issued for private work at the property. that in October 1992 the city 1992 sidewalk work including the sidewalk at 112 W. Marshall Street. paid in the previous bill of Sept. that in November 1992 notices owners concerning the work done in outlined work done and cost for connection the property owner might from the owners of 112 W. Marshall was billed for a portion of the 297 square feet of "homeowner" The tree damaged work had been 8, 1992. were sent out to the property the 1992 sidewalk program. It each address and requested an have. No response was received Street to this notice. that in March 1993 this board approved the assessments and forwarded them to Common Council for collection. that in April 1993 the Common Council adopted the assessments and forwarded them for collection. The Chamberlain's Office issued bills to the owners with lump sum and five year annualized payment methods outlined. The due dates were October and June 1993, respectively. that in September 1993 a notice was sent out to the owners confirming the October due date and stating that any bills still due after November 4, 1993 would be put on the taxes in January 1994. that in November 1993 Craig Hebdon was contacted by Ms. Romanoff asking to meet and discuss the assessment. Craig suggested right after Thankscivinc. that in December 1993 Craig met with the property owner and explained the usual procedure, the 258 administration fee and the sidewalk assessments. At that time, Craig found out for the first time that Ms. Romanoff apparently had a contract with F & J to do some or all of the same work which the city had paid for, that the owner wasn't happy with the work and that she had items she still wanted fixeq. Craig explained that the basic work had already been paid for, that if she submitted a reasonable bill for repair of the sprung gate he would try and settle the matter (because he was closing out the following years contract with the same contractor), that he was not aware of the contract between the owners and F & J, that no permit had been issued for private work at that address, and that the only hope of changing the bill would be if the BPW agreed to remove the administrative fee. He didn't consider that this was already a tax levy and no longer in the board's domain. that in January 1994 this board received a letter from the owners requesting a review of this matter. that after the February 2, 1994 hearing before the board with the property owners, the board requested a legal opinion on the liability of the city for any wO9k done by the contractor under private contract with the owners and the ability of the board to alter the assessments after Common Council had acted, and 4 151 WHEREAS, the City Attorney's Office provided an opinion that the city could not assume responsibility for work done under private contract and that the board could not alter the assessment, but could if it chose, make a recommendation to Common Council that the assessment be altered; now, therefore be it RESOLVED, That the property owners' request for an alteration in the assessment is denied for the'following reasons: All of the proper procedures were followed with all the necessary notices designed to avoid problems of this kind and the property owners failed to respond in a timely fashion to those notices. The owners of 112 Marshall Street could have done this work any time in 1991 or 1992. They contacted the city's contractor when he arrived and took out the old sidewalk under contract to and at the direction of the city. It appears that the estimate and contract were prepared during or after the city work. Neither the owners nor F & J informed the city and the contractor billed the city for the work. The city r received complaints about the work and satisfied itself about the Ln work prior to paying for it. No mention was ever made of a T— separate contract until the Fall of 1993. No permits wiere issued M for private work. Z the Board does Board ot believe othat ha rrecommendationtto CommonmCouncil and that the sidewalk assessment be changed is warranted. Superintendent Gray explained the resolution and questioned procedure for notification. Discussion followed on the floor. Motion to Refer By Commissioner Tripp: Seconded by Commissioner Rusoff RESOLVED, That the matter of the sidewalk assessment for 1992 sidewalks at 112 W. Marshall Street be referred back to Superintendent Gray for revision and notification to the parties involved. Carried Unanimously PARKING AND TRAFFIC ITEMS- A. Improvements to Seneca On January Street Parkins Garage 12, 1994, the Board of Public Works increased permit parking rates in the Green Street Garage, Lot D (Woolworth lot) and the Seneca Street Garage. The resolution indicated that steps should be taken by June 1, 1994 to improve the lighting and security of the Seneca Street Garage. Resolution By Commissioner Tripp: Seconded by Commissioner Rusoff WHEREAS, the department has reviewed the lighting in the Seneca Street garage and estimates upgrades to be $19,162.24, and that the cost to upgrade it at $19,200 in capital costs and $7,500 in annual operating expenses; now, therefore, be it RESOLVED, That the Board of Public Works requests that B &A establish funding for the upgrade in lighting as well as the increases in annual operating expenses. Carried Unanimously REPORT OF BOARD LIAISONS• Planning and Development Board Commissioner Rusoff reported that both preliminary and final site Plan review were approved by the Board for the Howe Alumni Services building, which will be in the Carpenter Business Park. Commissioner Rusoff reported that Cornell received final site plan review for a re- vamping of the Central Avenue area. 152 Commissioner Rusoff stated that the Planning and Development Board is still working on the proposed Jason Fans building on Dryden Road. Now it appears that the Planning Department is getting documentation from Novarr - Mackesey, who has some intention to build another huge apartment building very close to the proposed Jason Pane building, which will heavily impact Collegetown. Commissioner Rusoff further stated that the Planning and Development Board will be forwarding to Common Council's Planning Committee a suggestion that the City look at zoning changes for that area. Commissioner Rusoff reported that the Planning and Development Board has a resolution dealing with the site plan review for the County Transfer Station. There is a lot of concern about the aesthetics on that enormous building. A lot of the Board members are not happy with the design of that building. Commissioner Rusoff reported that the Planning and Development Board passed a positive declaration on the environmental impact for the West Inlet #2 project, which means that Mr. Weisburg will have to file a Draft Environmental Impact Statement. Commissioner Rusoff reported that the Planning and Development Board passed a resolution which states that the designation of the Masonic Temple as a historic landmark is in keeping with all the planning documents that have to do with that area. NEW BUSINESS• Motion for Power to Act By Commissioner Reeves: Seconded by Commissioner Rusoff RESOLVED, That the Board of Public Works have Power to Act at the Committee of the Whole meeting on June 15, 1994 regarding a request from Leslie Chatterton for sale of State Street bricks. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 6:00 p.m.. Connie U. Holcomb Senior Stenographer 0 Benjamin Nichols Mayor