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