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HomeMy WebLinkAboutMN-BPW-2009-08-05BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Committee of the Whole Meeting 4:55 p.m. August 5, 2009 PRESENT: Mayor Peterson Commissioners (5) – Jenkins, Brock, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney – Hoffman Superintendent of Public Works – Gray Acting Asst. Superintendent of Streets & Facilities – Benjamin Asst. Superintendent of Water & Sewer – Whitney Common Council Liaison – Zumoff DAC Liaison – Roberts Executive Assistant – Gehring Appeal of Water Bill for 900 Stewart Avenue – Discussion Sharon Solimowitz, property owner Ann Druyan’s representative, joined the Board for the discussion of this item. Supt. Gray explained that the city had not had access to the water meter at 900 Stewart Avenue for several years due to the security surrounding the property. He further stated that due to the property not being in use for the past 13 years, the water usage was billed at the minimum rate. Supt. Gray further explained that since the water meter was replaced, it had been determined that the meter reading and the estimated reading did not match, creating an invoice of actual usage rates. Discussion followed on the floor regarding the pattern of payments of the water bills, access to the property, owner responsibility to notify the City of additional water usage, and when, in the past 13 years, the water was actually used. Extensive discussion followed on the floor about the possibility of a leak somewhere on the property. Ms. Solimowitz explained the history of the property and the use of the property over the past 13 years. Discussion followed on the floor regarding obtaining a printout of water usage for the past six months, since the time the new meter was installed, to determine an estimation of usage for the past six years. Supt. Gray stated that further information would be gathered and presented to the Board. Commissioner Schlather suggested that if the pattern of usage indicated the bulk of the water was actually used prior to the past six years, the bill should be expunged. The Board agreed. Power to Act - Request for Encroachment for 634 W. Seneca Street – Discussion and Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, the Lama Law Firm, representing the current owner (and prospective seller) of the corner property at 634 W. Seneca Street (Tax Map Parcel No. 59-7-26), in the City of Ithaca – namely, M&M Real Estate Number One, LLC,, has requested an encroachment agreement/license from the City for three existing encroachments into the adjacent street rights-of-way (for West Seneca Street and North Fulton Street); and WHEREAS, the encroachments consist of the following: 1. Part of the front porch (on the Seneca Street side), which encroaches by a maximum of half a foot, for a span of approximately 20 feet; 2. Part of a concrete stoop and attached set of steps (on the Fulton Street side), which encroach by two/tenths of a foot, for a span of approximately 15 feet; and 3. A portion of the westerly side of the building itself (on the Fulton Street side), which encroaches by a maximum of half a foot, for a span of approximately 55 feet; Board of Public Works Page 2 August 5, 2009 Committee of the Whole all of which are shown on a survey map prepared by Manzari & Reagan, Land Surveyors, dated December 9, 1998; and WHEREAS, it appears that the building in question has been in existence in its current location for many years, and that the front porch and side stoop and steps have been in their current locations for at least ten years (and probably much longer), and that all are inside the current location of the existing public sidewalks on the north side of West Seneca Street and the west side of North Fulton Street (i.e., they do not interfere with the sidewalks as currently constituted); and WHEREAS, the Superintendent has reviewed the request and does not anticipate any conflicts in the near future with public works uses or needs, due to the existing encroachments at this location; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the Superintendent and the City Attorney, to sign a revocable encroachment agreement/license for the existing front porch, side stoop and steps, and westerly wall of the building at 634 West Seneca Street, containing the usual terms and conditions (with the license for the porches and stoop/steps to be revocable upon six months’ notice, and for the building wall upon two years’ notice); and be it further RESOLVED, That the agreement/license shall specify that any rights granted thereby, by the City, shall be subject to and limited by the rights of New York State in West Seneca Street and North Fulton Street by virtue of the streets’ status as State Arterial Highways; and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per the City’s current practice with regard to such agreements for existing, minor encroachments associated with residential properties, but that the agreement shall specify that at any time in the future it may become subject to new license/use fees or other requirements established by the Board as the result of its implementation of the newly-amended Chapter 170 of the City of Ithaca Municipal Code, which implementation is anticipated to occur by January 2010. City Attorney Hoffman explained the request for three encroachments at this property, which are located on the corner of West Seneca Street and Fulton Street. He further explained that the encroachments onto City land are located as follows: 1) the full length of the porch encroaches onto the sidewalk approximately six inches on the north side of Seneca Street; 2) the building encroaches onto the sidewalk approximately six inches on the Fulton Street side of the property; and 3) a set of steps and concrete stoop encroaches on the sidewalk by approximately five inches on the Fulton Street side of the property. City Attorney Hoffman further explained that both Fulton Street and Seneca Street are State arterial highways. Transportation Engineer Logue contacted the New York State Department of Transportation regarding the encroachment request and there was no objection to the issuance of a revocable encroachment agreement or license by the City. Discussion followed on the floor regarding the current encroachments, how old the building is, and that any renovations to the building must remain within property lines. A Vote on the Resolution resulted as follows: Carried Unanimously TCAT Bus Location – Report from Planning Board Commissioner Tripp summarized the discussion held during the Planning and Development Board meeting on July 28, 2009. She explained that the Board was dismayed with the lack of options offered for a permanent bus shelter and the choices that were provided for alternate locations for the bus shelter. Board of Public Works Page 3 August 5, 2009 Committee of the Whole Discussion followed on the floor regarding the agreement that the developer of Hotel Ithaca made with the City to rebuild a bus shelter, the possible locations for the bus shelter and planning issues related to site plan review. Mayor Peterson left meeting at 5:55 p.m. Extensive discussion followed on the floor regarding the desire of the City not to allow the same type of vehicle pull-off at Hotel Ithaca as there is at the Hilton Garden Inn due to safety issues for pedestrians. Commissioner Schlather and DAC Liaison Roberts explained the differences in the sidewalk and the parking surface, which are bumpy and uneven and make them unsafe for pedestrians. Supt. Gray stated that the engineering office never agreed to the design of the pull-off at the Hilton Garden Inn and that the developer went to the State to receive approval. The Board agreed to wait to discuss this topic further until after the developer of Hotel Ithaca has decided on a location and a design for the proposed bus shelter. Natural Areas, Guidelines for Work – Report Asst. Supt. Whitney distributed responses to the Natural Areas Commission (NAC) regarding the work plan for the restoration of the 30 foot dam from the Department of Public Works. He stated both the Commissioners and staff have been reviewing and discussing the project for over ten years. Discussion followed on the floor regarding the review of the guidelines by the Board of Public Works. Minor changes were proposed to the guidelines that would be forwarded to the NAC for their review. Further discussion followed on the floor regarding other natural areas within the City on both public and privately owned property. Commissioner Wykstra stated he was pleased the City was able to follow the guidelines on a trial run and determine what changes should be made to the guidelines for future work. Administrative Reports Supt. Gray stated that the 2010 budgets had been submitted and that he would like the Board to have a general discussion regarding them at a future meeting. He explained that it would be a very financially challenging budget year, and the Board should consider what level of review and discussion they would like to have regarding the Department of Public Works’ budget. Discussion followed on the floor regarding whether there are further stimulus funds available for projects. Supt. Gray stated that the City is continuing to submit projects to the State for funding and that there may be funds available for energy projects. Further discussion followed on the floor regarding hydropower, and the possibility of hydropower development. ADJOURNMENT: On a motion the meeting adjourned at 6:36 p.m. _______________________________ __________________________ Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor