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;
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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.
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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