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HomeMy WebLinkAboutMN-BPW-1994-06-22153 BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:00 p'm' June 22, 1994 PRESENT: Mayor Nichols Commissioners (4) - Reeves, Seligmann, Gerard, Tripp ABSENT: Commissioner Smith (excused) Commissioner Runoff OTHERSA-ENT• . Superintendent•of Public Works - Gray Assistant Superintendent of Streets and Facilities - Ferrel Assistant Superintendent of Water and Sewer - Fabbroni Senior Stenographer - Holcomb Deputy City Controller - Thayer Common Council Liaison - Johnson T LO PLEDGE OF ALLEGIANCE: mr Mayor Nichols led all present in the Pledge of Allegiae to the American flag. ic Z MINUTES: AR Oval Of Minutes of Board of Public w.., -u- By Commissioner Tripp: Seconded by Commissioner Reeve, RESOLVED, That the Minutes of the Board of Public Works meeting of May 11, 1994 be approved as published. Carried Unanimously ADDITIONS OR DELETIONS TO AGENDA: New Business Commissioner Reeves requested the addition, under New Business, Of an item dealing with the Sale of Flares at Stewart Park for the July 4th Light the Lake celebration. No Board member objected. Commissioner Reeves requested the addition of an item to give the Board the Power to Act at the Committee Of the Whole meeting on July 6 for the bid award for the fiber optic conduit. No Board member objected. COMMUNICATIONS FROM MAYOR: Solid Neste Pro ram with Relation to the Count Mayor Nichols reported that it appears very likely that we will be able to reach a contract with the County for the pick up of recyclables. Mayor Nichols stated that he is hopeful that at the next Committee of the Whole meeting staff will be ready to come in with a recommendation on a reduction of the cost of trash tags. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE BOARD: Snow Re Hill Mr. Dan Gardner, —318 -320 Pleasant Street, spoke to the Board regarding a bill he received for snow removal from his sidewalk this past winter. He would like to know if his neighbors were also ticketed Asst. Supt. Ferrel stated that he will get the information to Mr. Gardner and the matter will be discussed at the next Committee of the Whole meeting. 154 Northside Land Use committee Mr. Joe Daley, member of the Northside Land Use Committee, spoke to the Board regarding the Northside area. He stated that the committee has finalized its recommendations for the Northside area. One potential problem has been identified and that is that while they, as lay people, have drawn lines and driven stakes in the ground where they thought things might need to be, they really need to have some engineering assistance for concrete lines that everyone can live with. Mr. Daley stated that the committee can't make the recommendations until they know that the plans will satisfy the fire department, etc. Some of the plans that the committee has made are unusual and they need to make sure that they are do- able. Mr. Daley explained that when he spoke with Tom West in Engineering, he was told that they are totally booked and would have no time to help on this matter. Discussion followed on the floor. Supt. Gray explained how busy the Engineering Department is. However, he will find the time for the Engineers to assist the committee. By Commissioner Reeves: Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works authorizes'the Women's Community Building to sell flares at Stewart Park on the 4th of July for the "Light the Lake" event. Carried Unanimously REPORT OF SUPERINTENDENT: Superintendent Gray reported to the Board on the following items: GIAC Basketball Court - The Court opened last night. REPORT OF ASSISTANT SUPERINTENDENT OF WATER AND SEWER: Assistant Superintendent Fabbroni reported to the Board on the following items: Sewer Work - Sewer construction has been completed on Stewart Avenue, Second Street, Oxford Place and a section of Hector Street. The clean up work will start this week. Flow Testing - Started on June 22, 1994. •••- _••��•.� following rerrel reported to the Board on items: Commons Fountain - Was turned on June-22, 1994 Pools - Alex Haley pool . is open. Cass Park is due to open at the end of the week Sign Shop is working on Center Line Striping Hector Street - Base paving starting this week. Should be re- opened by July 4. Sink Holes - have been fo and Gun Shop Hill Cass Park Shuttle service NYS DOT projects on Green work next week. Meetings and on West Buffalo Street, Cliff Street - starts July 6 and Seneca Streets are due to start are ongoing re. parking, etc. E 155 By Commissioner Reeves 14o W. Aurora Street WHEREAS Seconded by Commissioner Tripp Aurora Street, has requested permission for outdoor dining in front of his store, and WHEREAS, the area requested is 184 x 5' and would include tables and outdoor planters; now, therefore, be it RESOLVED, That the Board of Public Works approves of the outdoor dining contingent upon th4 Superintendent's approval Of placement of the tables and planters, and, be it further RESOLVED, That the Board authorizes the Mayor to enter into an agreement based on the usual terms. Commissioner Reeves noted the provision that has been added to these agreements that grease is to be cleaned from the area at least once a week. T LO A vote on the resolution resulted as follows: T m B Carried Unanimously z . Sidewalk Assessment for 1992 Sidewalks at 112 W. Marshall BY Street WHEREAS, Commissioner Reeves: Seconed EREAS, theownersof 112 Marshall St eetS1VictoriapROmanoff and Sarah Adams, have protested the assessment added to their property taxes related to sidewalk work done during 1992 at 112 West Marshall Street, and 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 55o 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 in the early Summer 1991 Ms. Romanoff visited Craig Hebdon with questions about the sidewalk program. Craig explained 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 Marshall Street rthat uthe tsidewalk tworkw would fbeginitheWnext week. that in late August 1992 Ms. Romanoff called to complain that the contractor was not supplying the full that he was using a 2x4 giving 3 1/2" depth. Craig four inches- 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 polyethylene. The contractor complied. 297 156 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. 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 walk$ 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 was billed for a portion of the 1992 sidewalk work including the 297 square feet of "homeowner" sidewalk at 112 W. Marshall Street. The tree damaged work had been paid in the previous bill of Sept. 8, 1992. that in November 1992 notices were sent out to the property owners concerning the work done in the 1992 sidewalk program. it outlined work done and cost for each address and requested an connection the property owner might have. No response was received from the owners of 112 W. Marshall Street to this notice. that in March 1993 this board approved the assessments and forwarded them to Common Council for collection. that in April h Common assessments andforwardedthemor collection. The the 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 Creig Hebdon was contacted by Ms. Romanoff asking to meet and discuss the assessment. Craig suggested right after Thanksgiving. that in December 1993 Craig met with the property owner and explained tb# usual procedure, the 25% administration fee and the sidewalk assessments. At that time, Creig 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 fixed. Creig 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 s(because he was amecontractor), closing g u h following hathewasnotawaref y the scontract tbetween he the owners and F & J, that no permit had been issued for private would abetif hat the dBPW$agreedttot remove nthe administrativegfeee bHel 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 work done by the contractor 157 under private contract with the owners and and the ability of the board to alter the assessments after Common Council had acted, WHEREAS, the City Attorney's Office provided an opinion that the assume for 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 city undertook the work at 112 W. Marshall Street, has inspected, accepted and paid for the work as a routine part of the sidewalk program. r It appears that the estimate and contract were prepared Ln during or after the city work. Neither the owners nor F & J r. informed the city and the contractor billed the city fof the m work. The city received complaints about the work and satisfied Z itself about the work prior to paying for it. No mention was ever made of a separate contract until the Fall of 1993. No C permits were issued for private work. Since assessment to changee the dassessmentoand ntheuboardthe does not believe that a recommendation to Common Council that the assessment be changed is warranted. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) - Reeves, Tri Abstent pp, Seligmann, Mayor Nichols ion (1) - Gerard Carried (4 -0 -1) CREEKS BRIDGES AND PARK6: A. Tennis Courts at Stewart Perk. By Commissioner Gerard: WHEREAS, the Seconded by Commissioner Tripp Board of Public Works has received r the Youth Bureau Board and the Parks Commissi esolutions from on requesting that the tennis courts at Stewart Park be replaced, and WHEREAS, one of the resolutions request that the courts be moved closer to the Youth Bureau on the east side Of the park, and WHEREAS, staff has received estimates on replacing the courts as well as estimates for a change in the location of the courts; now, therefore, be it RESOLVED, That the Board of Public Works directs the Youth Bureau Board and the Parks Commission to work together to establish a mutually acceptable location for the courts; and, be it further RESOLVED, That once the Board receives information from the Parks Commission and the Youth Bureau Board on the location for the tennis courts, as well as written estimates from staff for the replacement or relocation of the courts, the Board will then recommend to the Budget and Administration Committee of Common Council that a capital project be established. Carried Unanimously 158 By Commissioner Reeves: Seconded by Commissioner Tripp WHEREAS, the Ithaca Landmarks Preservation Committee receives and reviews requests for the purchase of State Street bricks; now, therefore, be it RESOLVED, That the Board of Public Works hereby authorizes the Superintendent, or his designee, to approve of the sale of State streets bricks upon recommendation of the ILPC, and be it further RESOLVED, That the Superintendent be allowed to approve of sales up to $200; sales exceeding $400 will be reviewed by the Board. Carried Unanimously REPORT OF BOARD LIAISONS. Perks Commission Commissioner Reeves reported that on June 14 the commission discussed with Trish Norton the CBG application £or improvements for Conway Park. Commissioner Reeves reported that the commission discussed reviewing the Code as it pertains to the Shade Tree Advisory, Six Mile Creek Committee, and Circle Greenway to see if there is a duplication of effort. Commissioner Reeves reported that the commission discussed the fact that there is a group that has been formed to talk about Ithaca Falls. Commissioner Reeves reported there have been benches donated for the Wildflower Preserve. Enerav Commission Commissioner Reeves noted that the Energy Commission needs to recruit new members. NEW BUSINESS: Resolution for Power to Act By Commissioner Tripp: Seconded by Commissioner Reeves RESOLVED, That the Board of Public Works be authorized for Power to Act at their meeting of July 6, 1994 regarding the contract for the fiber optic installation. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 6:00 p.m, r Connie J. Holcomb Senior Stenographer Benjamin Nichols Mayor