HomeMy WebLinkAbout03-09-15 Board of Public Works Meeting AgendaBPW Meeting
Board of Public Works
AGENDA ITEMS
Topic Voting?
DATE: March 9, 2015
TIME: 4:45 LOCATION: 3 Floor,
City Hall, Council Chambers
108 E. Green St., Ithaca
Time
Presenter(s) Allowed
1.
Call to Order /Agenda Review No
Mayor Myrick 5 min.
2.
Mayor's Communications No
Mayor Myrick
3.
Communications and Hearings from Persons No
Public 5 min.
Before the Board
4.
Response to the Public No
Commissioners
5.
Reports No
Various 5 min.
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6.
New Project Presentation No
A. Large Pavilion Door & Window Project at Stewart No
Rick Manning 15 min.
Park
Rick Manning will make a presentation regarding the current status of the windows and doors at
the Stewart Park Large Pavilion, and what might be necessary
to improve them. A report will be
distributed at the meeting.
7.
Administration & Communications
A. Approval of Minutes Yes
Mayor Myrick 5 min.
1) February 23, 2015 Meeting Minutes
8.
Buildings, Properties, Refuse & Transit
9. Highways, Streets & Sidewalks
A. Appeal of Snow Removal Bill for 402 Esty Street — Yes Asst. Supt. 5 min.
Draft Resolutions Benjamin
Per the Board's discussion on February 23, 2095, two draft resolutions are provided for the
Board's vote, one denying the appeal and one approving the request to waive the fees. Also
enclosed is the definition of snowfall and sidewalk maintenance laws as they are listed in City
Code 978, Exterior Property Maintenance.
10. Parking & Traffic
11. Creeks, Bridges & Parks
12. Water & Sewer
A. Additional Engineering Budget Authorization for Yes Asst. Supt. Whitney 5 min.
"Dam Safety Project" For The Potters Falls (60-
Ft.) Dam — Draft Resolution
The draft resolution is submitted again for the Board's vote.
13. Discussion Items
A. Parkland Licensing Law and Cascadilla No City Attorney Lavine 20 min.
Boathouse
If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at
607 - 2746570 at least 48 hours before the meetina.
The Board of Public Works meets on the second and fourth Mondays at 4;45 p.m. All meetings are voting meetings, opening with a public comment
period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The
Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may
then be used to create committee agendas, with the speaker or author invited to attend.
Time
Topic Voting? Presenter(s) Allowed
City Attorney Aaron Lavine has provided a memorandum to the Board explaining the basics of
licensing the use of parkland and issues surrounding the proposed license for the Cascaddla
Boathouse in Stewart Park. Also included is a draft resolution and license agreement.
B. Conley Park Permaculture Park Project Update No Chrys Gardener 5 min.
Cornell Cooperative Extension has made a proposal for a phase 2 for the Permaculture Park in
Conley Park to Parks Commission, who is supportive of the proposal. Enclosed is information
and drawings for the Board's review.
C. Floral Avenue Community Garden Update No Chrys Gardener 5 min.
in April 2094, the Board approved the use of city property along Floral Avenue for use as a
Community Garden. Chrys has an update of this project for the Board regarding the proposed
parking area next to the garden.
D. Recommendation for a Four Way Stop at the No Commissioner 5 min.
Intersection of Clinton and Plain Streets Morache
The Bicycle and Pedestrian Advisory Council has passed a resolution recommending a four -
way stop at the intersection of Clinton and Plain Streets.
E. Request for Retroactive Permit for Sidewalk No Supt. Thorne 5 min.
Repair at 606 North Cayuga Street
The property owner hired a local contractor in 2007 to replace the sidewalk at this location, but
he does not have proof that a permit for the work was ever obtained. He does have cancelled
checks (not included in this agenda packet) proving the work was paid for. He is asking the
Board for permission to obtain a retroactive permit in order to be eligible for the sidewalk credit.
F. Appeals of Sidewalk Snow Removal Bills: No Asst. Supt. 10 min.
a. 207 Cleveland Avenue Benjamin
b. 208 Cornell Street
c. 115 Ithaca Road
Three property owners have submitted protests to sidewalk snow removal bills they received in
January and February. Enclosed are the protests, before and after photos, and the precipitation
record for January 2095.
G. Request for Additional Funding for the Stewart No Dir. of Eng. West 15 min.
Park Bathroom Renovation Project — with possible
resolution
Bids for this project were received this week and they all came in over budget.
14. New Business
15. Adjournment
Page 2 of 5
No
Yes
Appeal of snow Removal Bill for 402 Esty Street — Waiver Denial — Draft Resolution
WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk
snow removal at 402 Esty Street, and
WHEREAS, the Board has reviewed photos and other information provided by city staff and
the owner of the property, and
WHEREAS, it appears that the adjacent property owner failed to timely remove snow as
required by City ordinance, now therefore be it
RESOLVED, That the Board denies the appeal for the expungement of the bill for snow
removal, and be it further
RESOLVED, That the Board directs staff to notify the adjacent property owner of this
resolution and give the adjacent property owner two weeks from the date of notification in
order to pay the fees before penalties are accrued.
Appeal of Snow Removal Bill for 402 Esty Street — Waiver Approval — Draft Resolution
WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk
snow removal at 402 Esty Street, and
WHEREAS, the Board has reviewed photos and other information provided by city staff and
the owner of the property, and
WHEREAS, it appears that the property owner did clear the sidewalk according to City
ordinance, now therefore be it
RESOLVED, That the Board approves the appeal for the expungement of the bill for snow
removal, and be it further
RESOLVED, That the Board directs staff to notify the adjacent property owner of this
resolution and remove all charges for snow removal for January 15, 2015.
Page 3 of 5
City of Ithaca, NY
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City of Ithaca, NY
Wednesday, March 4, 2075
Chapter 178. Exterior Property Maintenance
§ 178 -2. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BULK ITEMS
Large items and materials, including furniture (other than aluminum and plastic yard furniture), house
furnishings and large appliances, such as refrigerators, stoves, washing machines and clothes dryers.
COLLECTIBLE YARD WASTES
Grass, leaves, brush, and other plant wastes and soil materials from gardens, lawns and yards, prepared
for collection in conformance with City requirements.
COMPOSTING MATERIALS
Yard trimmings, vegetable wastes and other organic matter managed for the purpose of natural
transformation into compost and stored in a container or compact pile that contains no sewage,
sludge or septage; contains no inorganic materials, such as metal, plastic or glass; and is maintained in
a manner to minimize odors and the attraction of insect and animal pests.
DUMPSTER
A bulk storage container for garbage, recyclable materials and other solid waste that can be hauled
directly to the point of disposal or emptied into a compactor -type truck for disposal.
EXTERIOR STRUCTURES
Includes porch areas and the external walls of a building, as well as fences and retaining walls.
GARBAGE
A. Discarded materials generated from the activities of a household, business, institution, or public
or quasi - public facility, consisting of:
(1) Food wastes, including but not limited to kitchen and table scraps, decaying or spoiled
vegetable, fruit and animal matter, and fallen fruit.
(z) Any other used or discarded waste materials such as paper, plastic, metal, rags, food
wrappings and containers, sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery, shells, dirt, ashes, wood, and
glass.
B. "Garbage" does not include properly prepared and stored recyclable materials or collectible yard
wastes, properly stored and maintained composting materials, rubble, bulk items, industrial
waste, hazardous materials, automobile or other motor vehicle tires, or any other material that
the City or private waste hauler has specified will not be picked up curbside at a property as part
of the regular collection.
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ROOF
The outer cover and its supporting structures on top of a porch or building.
RUBBLE
Waste material typically resulting from construction, demolition and major renovation activities,
including but not limited to waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles,
lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window
frames and any similar material.
SNOWFALL
A measurable accumulation of snow or ice, not including trace or flurry events resulting in no
measurable ground accumulation of snow or ice.
[Added 2- 6 -2Oo8 by Ord. No. 20o8 -1]
SOLID WASTE
Any materials or substances that are discarded or rejected as being spent, worthless, useless or in
excess to the owners or users at the time of such discard or rejection, including but not limited to
garbage, refuse, industrial waste, hazardous materials, tires, rubble, discarded motor vehicles, and
discarded bulk items. Notwithstanding the foregoing, "solid waste" shall not include properly prepared
and stored recyclables or collectible yard wastes, or properly stored and maintained composting
materials. An object shall be presumed to be discarded or rejected solid waste when the object is
stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby
under circumstances which meet any of the following criteria:
A. The object produces an offensive smell.
B. The object is of a type designed for interior use or made of materials which are suitable only for
interior use and the object is left outside and exposed to the weather.
C. The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to
render the material unsuitable for or incapable of being used for its original intended purpose or
some other reasonable purpose.
D. The object is left, placed or stored in a manner which appears likely to cause injuries.
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City of Ithaca, NY
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City of Ithaca, NY
Wednesday, March 4, 2oi5
Chapter 17 8. Exterior Property Maintenance
§ 178 -3. Standards for grounds and exterior property.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that:
A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been
cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and
allowed to remain on the grounds, bushes, or in trees for 48 hours, is removed.
[Amended 2 -5 -2003 by Ord. No. 2003-4; 4- 7-2004 by Ord. No. 2004 -7; 6 -1 -2oo5 by Ord. No. 2005 -101
B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable
containers having a tight- fitting lid in place. Plastic bags are not considered durable containers. Strong,
waterproof plastic bags may be used to place garbage at the curbside on the evening before
scheduled collections or may be taken to an approved refuse disposal sight. Garbage containers,
whether they contain garbage or not, shall have a tight- fitting lid in place at all times. Tight- fitting lids
shall be placed back on all garbage containers as soon as possible after garbage collection and, in any
event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed
from curbside as soon as possible after garbage collection and, in any event, on the same day as
collection. Garbage containers shall not be stored in front yards or any otheryards that have frontage
on a public street unless all yards on the property have frontage on public streets. Prohibited storage
areas include the area between the sidewalk and curb. Composting materials, so long as they are
maintained as defined by this section, shall not be considered garbage. It is presumed that the
contents of any garbage bag or plastic bag or garbage can is garbage.
[Amended 4 -7 -2004 by Ord. No. 2004 -7; 9 -1 -2004 by Ord. No. 2004 -15; 6 -1 -2005 by Ord. No.
2oo5 -io]
C. Solid waste, other than garbage stored in proper containers and in the locations described above, and
other than recyclable materials stored in accordance with § i78 -3K below, is not stored in the public
view, except that construction and demolition debris related to an ongoing construction project with
a valid building permit may be stored in the public view for not more than 3o days. Reusable
household discards may be placed at curbside on special scavenger days designated by the
Department of Public Works, but unclaimed discards must be removed by the property owner by the
deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes
of informal scavenging, not to be observable for more than two successive days.
[Amended 6 -1 -20o5 by Ord. No. 2005 -10]
D. No more than one unlicensed motor vehicle may be stored in the public view in a side or a rearyard,
and such storage shall be in compliance with § 325 -20. If there is no side or rear yard, one unlicensed
motor vehicle may be stored in the front yard in compliance with § 325 -2o. However, this section shall
not apply to a motor vehicle which constitutes solid waste as defined in § 178 -2 above, nor shall it
apply to licensed car dealers in nonresidential zoning districts.
E. Grass, weeds or other vegetation on grounds and exterior property are maintained so that the height
of the vegetation is limited to ten inches, except for trees, bushes and other vegetation planted,
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maintained or kept for some ornamental or other useful purpose. Natural woodlands shall be
considered an ornamental or useful purpose. Premises situated at street intersections or on curved
streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or
curve.
[Amended 2 -5 -2003 by Ord. No. 2003 -4]
The area along public rights -of -way adjacent to or on the property, including but not limited to the
area between the front property line or sidewalk and the curb or street pavement, is maintained in a
reasonably clean and sanitary condition free of garbage and /or solid waste, with any grass, weeds and
brush in said area cut or trimmed in compliance with § 178 -3E above. The planting of annuals and
perennials in these sidewalk areas shall be allowed, but the planting of trees or shrubs in these areas
shall not be permitted without the approval of the Superintendent of Public Works. Premises situated
at street intersections or on curved streets shall be kept in such a condition as to give a clear and
unobstructed view of the intersection or curve.
G. Trees, shrubs or other vegetation are pruned such that they will not obstruct the passage of
pedestrians on sidewalks. The maintenance of City trees, including trees between the sidewalk and
curb, must be left to the Department of Public Works.
H. Fences and walls are maintained in a safe and structurally sound condition.
I. Steps, walks, driveways, parking spaces, and other similar paved areas in sidewalks, driveways, and tree
lawns are maintained so as to afford safe passage under normal use and weather conditions.
[Amended 2 -5 -2003 by Ord. No. 2003-41
J. Sidewalks; snow and ice.
[Amended 12 -7 -2005 by Ord. No. 05 -25; 2 -6 -2008 by Ord. No. 2008 -i]
(1) Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within
24 hours after the beginning of a snowfall. Failure to comply shall be punished as provided in
§ i78- ioA(2). Each day that a violation continues shall be considered a separate offense.
(2) For properties that abut the intersection of two streets, the sidewalks shall include that portion
of the sidewalk that runs to the curbline of any street and shall include any access ramps therein.
(See § 285-5•)
(3) When snow and ice on any sidewalk within the time period specified in Subsection J(i) above is
frozen so hard that it cannot be removed without injury to the sidewalk, it shall, within the time
specified in Subsection J(,) above be strewn and kept strewn with ashes, sand, sawdust or other
suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter,
the sidewalk shall be complete red of snow ice and other materials strewn thereon, as
provided in Subsection i(i).
(4) Whenever any sidewalk is not kept free from snow and ice as defined in Subsection J(1), the
Superintendent of Public Works or his or her designee may clear the sidewalk so that it is free
from snow and ice and shall notify the City Chamberlain of the expense incurred by the amount
of labor equipment and materials used. The minimum charge shall be $50. The City Chamberlain
shall promptly present to the owner of any parcel so cleared a bill for the removal of snow and
ice, as certified by the Superintendent of Public Works. If not paid within 3o days, the cost
thereof shall be assessed against the property, added to its tax and become a lien thereon,
collectible in the same manner as delinquent City taxes. Appeals from this section shall onIg JL
permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the
mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public—
K. Recycling containers and recyclable materials shall not be stored in front yards, or any other yards that
have frontage on a public street, unless all yards on the property have frontage on public streets. If
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12A. Additional Engineerina Budget Authorization for "Dam Safety Project" For The
Potters Falls (60 -Ft.) Dam — Draft Resolution
WHEREAS, the first of the engineering contracts to replace our existing Water Treatment Plant
was signed on September 24, 1996, and the second was signed on December 9, 2005 and the
new Dam Safety Regulations (6NYS CRR Part 673) went into effect August 19, 2009 causing
the existing Water Supply Projects to coincide in time with the newly mandated Dam Safety
Projects, and
WHEREAS, on February 18, 2009 the Board of Public Works (BPW) authorized the Water &
Sewer Division of the Department of Public Works (DPW) to solicit proposals for preparing
Engineering Assessments, updating Emergency Action Plans, and updating Operations and
Maintenance manuals for both the 30 -Foot & 60 -Foot Dams to ensure the City's compliance
with the new Dam Safety Regulations, and
WHEREAS, the City received proposals from 9 Professional Engineering Firms on April 9,
2009, and the BPW with supporting documentation from Staff awarded the work to C.T. Male
Associates for an amount not to exceed $118,217, to be funded from existing Capital Project
510, the Water Supply Project funds, and
WHEREAS, as part of the permitting process for our Water Supply Project the City received a
letter from the New York State Department of Environmental Conservation (NYSDEC) that
identified several remaining gaps in the Engineering Assessment for the 60 -foot dam, and
WHEREAS, the DPW staff requested O'Brien & Gere review the DEC's letter and submit a
proposal to the City to address the DEC's concerns with the 60 -foot Dam, and
WHEREAS, on July 19, 2013 O'Brien & Gere submitted a proposal for Sixty Foot Dam -
Outstanding EA Tasks, and on July 22, 2013 the BPW resolved unanimously to accept the
proposal in an amount not to exceed $27,000.00 with funds to be obtained from contingencies
in the existing Capital Project 510, and
WHEREAS, O'Brien & Gere provided the Supplemental Engineering Assessment Sixty Foot
Dam on February 24, 2014 to both the City and the DEC, and in follow up meeting with
NYSDEC on September 10, 2014 DEC requested a schedule for completion of the Dam Safety
upgrades, and
WHEREAS, the DPW staff requested O'Brien & Gere prepare and submit a proposal for the
Sixty Foot Dam Safety Upgrades — Design and Construction Phase Services along with a
overview presentation of the Sixty Foot Dam Engineering Assessment for the BPW, O'Brien &
Gere made the presentation to the BPW on February 9, 2015, and
WHEREAS, preliminary estimates for the complete Dam Safety Project Costs for the Sixty
Foot Dam are projected to be approximately $4 million. More detailed structural inspection,
geotechnical investigation, and final design are needed to refine construction estimates for
project, and
Page 4 of 5
WHEREAS, the February 3, 2015 proposal for Sixty Foot Dam Safety Upgrades — Design and
Construction Phase Services from O'Brien & Gere include estimates for Detailed Structural
Inspection = $7,000.00, Geotechnical Investigation = $35,000.00, Design Development =
$18,000.00, and Final Design = $68,000.00, totaling $128,000.00, and
WHEREAS, the budget for Capital Project 510, the City's Water Treatment Plant
improvements did not include funds for the NYSDEC mandated Dam Safety Improvements,
and
WHEREAS, a new Capital Project will need to be established for the Dam Safety Design to
allow for the continued progress of work within schedule for compliance with the understanding
additional funds will be needed in 2016 once we have a solid cost estimate for the Dam Safety
Improvements; now therefore, be it
RESOLVED, That the Board of Public Works hereby recommends the establishment of Captial
Project #527 Dam Safety Improvements in an amount not to exceed $128,000 for the
purposes of engineering for Dam Safety Upgrades to the 60 -foot Dam, and be it further
RESOLVED, That the Mayor, upon review and approval by the City Attorney, be authorized to
execute a contract for Professional Engineering Services by and between the City of Ithaca
and O'Brien & Gere Engineers, Inc. for said required Dam Safety Improvements, and be it
further
RESOLVED, That funds necessary for the NYSDEC mandated Dam Safety Improvements will
be derived from a Capital Reserve #16 Water Sources Development transfer to Capital Project
#527 Dam Safety Improvements.
Page 5 of 5
RESOLUTION - License of Cascadilla Boathouse
WHEREAS, the Cascadilla Boathouse (the "Boathouse ") has since 1978 hosted the Cascadilla
Boat Club ( "CBC "), enabling CBC to provide rowing programs to area community members,
with a strong emphasis on area youth, and;
WHEREAS, the substantial majority of CBC rowing participants are area youth, virtually all of
whom are Ithaca High School students for whom CBC provides their only opportunity to row,
and;
WHEREAS, the licensing of the Boathouse by an organized boating program enables members
of the public wishing to row in Stewart Park to more fully enjoy the recreational and athletic
opportunities of the Park and its unique geography on the shores of Cayuga Lake, and;
WHEREAS, a robust rowing program available to the public enjoying Stewart Park requires a
substantial investment in rowing equipment, organizational management, and Boathouse
administration, and;
WHEREAS, such investment would likely prove out of reach for the City in light of financial
and staffing constraints, absent a public - private partnership of the sort undertaken in the license
authorized herein, and;
WHEREAS, Section 2 of said license ensures that participation in CBC's activities will be
available to all members of the public via membership application and payment of fees, which
may not be unreasonably large, said unreasonableness to be evaluated after accounting for
discounted or income - sensitive opportunities for participation in CBC's activities, and;
WHEREAS, Section 2 of said license requires CBC to file with the City Clerk an annual report
on (a) the then- current fee structure for membership and participation in CBC, (b) the
reasonableness of said fee structure, and (c) community participation opportunities and events
being offered by CBC, and;
WHEREAS, said license provides CBC with non - exclusive use of the licensed premises insofar
as the exterior licensed areas, with the exception of some minor areas of equipment storage, are
for the non - exclusive use of CBC, and will under this license remain accessible to even those
members of the public who do not join CBC's rowing activities, indeed enhancing those
members of the public's use of the park insofar as they can also enjoy use of CBC - provided
docks, and;
WHEREAS, said license permits CBC to securely store locked within the first floor of the
Boathouse the rowing shells and other equipment necessary to servicing the public's enjoyment
of rowing in the surrounding park, and;
WHEREAS, the license permits CBC to share the first floor with the Ithaca Youth Bureau in
satisfaction of that aspect of the City's storage needs in the Boathouse, and;
WHEREAS, the license does not at this time permit CBC any usage of the second story gym in
the Boathouse, and;
WHEREAS, said license as proposed would provide the City with $12,727.14 annually in license
revenue, with upward adjustments in accord with the Consumer Price Index, and;
WHEREAS, said license fee of $12,727.14 annually was arrived at based upon the Pomeroy
Associates appraisal employed by the City pursuant to Chapter 170 of the City Code, and based
upon the assessed value of Stewart Park, and;
WHEREAS, said license is for a term of three years, and;
WHEREAS, Section 6 of said license provides the City unfettered ability to revoke or modify
said license upon at least nine months' written notice that the Common Council has so resolved,
and;
WHEREAS, concurrent with this Resolution, the Common Council may consider a technical
amendment to the definition of "License" in Section 170 -2 of the City Code permitting licenses
in excess of one year in term if revocable upon less than a year's notice, thus eliminating that
provision's inconsistency with Section 170 -4(B), entitled "License (for up to one year, and/or
revocable upon less than a year's notice; subject to other conditions) ", now therefore be it;
RESOLVED, that the Common Council finds, as facts precedent to this resolution's
authorization to enter into the subject license, each and every declaration and assertion contained
in the Whereas clauses of this resolution,
and be it further;
RESOLVED, that the Common Council finds that the licensing of the Cascadilla Boathouse to
an organized boating program, and specifically to CBC, best enables the public to enjoy the
recreational and athletic boating opportunities offered by Stewart Park, and more particularly the
exceptional siting of the Boathouse on the water, and thereby fulfills a valid park purpose,
and be it further;
RESOLVED, that the Common Council finds that the licensing of an exclusive, locked space
internal to the Boathouse and narrowly- tailored to the equipment- storage needs of CBC most
effectively serves the public in enjoying the recreational and athletic rowing opportunities
offered by the surrounding features of Stewart Park, and more particularly the exceptional siting
of the Boathouse on the water,
and be it further;
RESOLVED, that if any clause, sentence, paragraph, section, or part of this resolution or the
license herein authorized, or the application of any of the aforesaid to any person or circumstance, shall
be adjudged by any court of competent jurisdiction to be invalid, unenforceable, or otherwise
contrary to applicable law, such judgment shall not affect, impair or invalidate the remainder
thereof, or the application thereof to any otherwise unimpacted person or circumstance, but shall be
confined in its operation to the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been rendered, it being the
conclusion of the Common Council that all aspects of this resolution and accompanying license
fully comport with applicable law and it being the binding intent of the Common Council to
license to CBC, insofar as authorized herein, to the greatest extent permitted by applicable law,
and be it further;
RESOLVED, that the Common Council authorizes the Mayor, upon the advice of the City
Attorney, to execute with CBC a license agreement for a term not in excess of three years (absent
renewal) and substantially similar to that included herewith.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney
Robert A. Sarachan, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMORANDUM
To: Common Council
Cc: Board of Public Works, Parks Commission
From: Ari Lavine, City Attorney
Date: February 12, 2015
Telephone: 607/274 -6504
Fax: 607/274 -6507
Re: Basics of Parkland Licensing Law and the Cascadilla Boathouse Proposed License
As the Common Council begins its deliberations, via the City Administration Committee,
upon a new proposed license of the Cascadilla Boathouse (the "Boathouse ") to the Cascadilla
Boat Club ( "CBC "), I want to take this opportunity to provide you with a primer on the basics of
parkland licensing law, as applied to the proposed license.
The Public Trust Doctrine
Public parks in New York State are protected by something called the Public Trust
Doctrine, which is defined not by statute or regulation, but by the state courts across more than a
century of judicial decisions. This means that while the State's executive branch —such as the
State Office of Parks, Recreation, and Historic Preservation ( "OPRHP ") —can read those judicial
decisions and provide guidance on how OPRHP believes the courts might rule on proposed
parkland uses, OPRHP has no binding authority to approve or disapprove of the legitimacy of
proposed uses under the public trust doctrine. Rather, OPRHP's legal counsel can—much as the
City's legal counsel can —read the caselaw and provide a reasoned analysis in support of an
advisory position, i.e., provide legal advice.' The courts may ultimately disagree with OPRHP,
and as a matter of law would likely give no particular deference to OPRHP's views on the matter.
1 Whether OPRHP would in fact choose to issue an advisory opinion to the City, if asked,
and how many months or years that process would take in light of staff constraints and
priorities for both the City and OPRHP, are unknowns. Even if issued in a timely manner,
that advisory opinion might well disclaim the status of legal advice in any event.
"An Equal Opportunity Employer with a commitment to workforce diversification."
So what is the public trust doctrine? In a sentence, it is the legal principle that public
parkland in New York must be preserved (not sold or leased) for public use (even if via private
operation) for park purposes (not other purposes, even if public). In legal terms, when parkland
is committed to use in violation of the public trust doctrine, it has been "alienated." Alienation
can only be legally achieved by specific statutory dispensation from the state legislature.
Alienation occurs when parkland is sold or leased (but not licensed), or when it is committed to
non -park purposes (even via license) for an extended period of time. "Courts have given wide
leeway to park administrators to determine when an alienation is occurring. Courts have also
permitted a host of commercial facilities in parks so long as they genuinely serve park users. "2
This memorandum addresses first the distinction between leases and licenses, then turning to the
body of law speaking to park and non -park purposes, including the role of public - private
partnerships in serving park purposes.
Leasing vs. Licensing of Parkland
As stated by New York's highest court just last year in a leading case on parkland
licensing:
A document is a lease "if it grants not merely a revocable right to be exercised over the
grantor's land without possessing any interest therein but the exclusive right to use and
occupy that land ". It is the conveyance of "absolute control and possession of property at
an agreed rental which differentiates a lease from other arrangements dealing with
property rights ". A license, on the other hand, is a revocable privilege given "to one,
without interest in the lands of another, to do one or more acts of a temporary nature upon
such lands[.]" [ "Generally, contracts permitting a party to render services within an
enterprise conducted on premises owned or operated by another, who has supervisory
power over the method of rendition of the services, are construed to be licenses "]. That a
writing refers to itself as a license or lease is not determinative; rather, the true nature of
the transaction must be gleaned from the rights and obligations set forth therein. Finally, a
broad termination clause reserving to the grantor "the right to cancel whenever it decides
in good faith to do so" is strongly indicative of a license as opposed to a lease.3
In keeping with the requirements of a license, the proposed CBC license conveys no
interest in the lands; permits a predominantly- non - exclusive use of the City premises, and only
then for the specified use of operating a rowing program for public benefit; permits limited
instances of exclusivity only as deemed necessary by the City in order for CBC to service the
2 N.Y. Zoning Law & Practice Report, Five Innovative Ideas for Funding Parks and Open Space,
Vol. 13, No. 1 at 3, citing inter alia Williams v. Gallatin, 229 N.Y. 248, 252 -53 (N.Y. 1920); 795
Fifth Ave. Corp. v. City of New York, 15 N.Y.2d 221, 205 N.E.2d 850 (1965).
3 Union Square Park Cmty. Coal., Inc. v. New York City Dept of Parks & Recreation, 22 N.Y.3d
648, 656, 985 N.Y.S.2d 422 (2014) (internal citations omitted).
"An Equal Opportunity Employer with a commitment to workforce diversification."
non - exclusive, public, park purposes to which the license is directed (a rowing program); is
subject to the City's supervisory power in a number of respects directly bearing upon CBC's
provision of rowing services; is for a term of only three years; and is subject to a broad right of
the City to terminate at will, on nine months' notice.
Park and Non -Park Purposes, and the Legal Role of Public- Private Partnerships
In 1920, New York's highest court set the benchmark for examining parkland uses,
stating that permissible uses of parkland are the "common incidents of a pleasure ground [that]
contribute to the use and enjoyment of the park," "facilitate free public means of pleasure,
recreation, and amusement, and thus provide for the welfare of the community," and "provide
means of innocent recreation and refreshment for the weary mind and body.s4
Since that time, a series of cases have confirmed as legitimate parkland purposes uses as
diverse as restaurants 5 ; mini -golf courses 6; bike -share programs; and even a privately- operated,
for - profit, multipurpose concert amphitheater seating 19,500 people, occupying over nine acres
of parkland, and charging the public on average $30 for admissions A decision of just two years
ago regarding a parkland bike share stations is highly instructive to the proposed Boathouse
license, observing:
In the instant case, the court finds that the bike share station is a proper park
purpose for purposes of the public trust doctrine. As an initial matter, respondents have
provided evidence that bicycling is an important form of recreation that has had a proper
"park purpose" for many years demonstrated by the fact that the infrastructure to support
bicycling, such as bike paths, bicycle racks and rest stations are common incidents in
parks. Specifically, DPR installed a bicycle rack in Petrosino Park prior to the bike share
station's installment and it is still maintained there today. Further, a bike share station is
unlike those facilities found by courts to have improper park purposes, such as court
houses and school houses, as a bike share station has a direct connection to the important
park purpose of bicycle recreation and allows easy access to and further encourages the
use of parkland by the public.9
Each and every element of the above paragraph's analysis applies equally to the proposed
Boathhouse license: rowing as an important form of recreation, a specific history of rowing in the
4 Williams v. Gallatin, 229 N.Y. 248, 254 (N.Y. 1920).
5 Union Square, 22 N.Y.3d 648 (2014).
6 Concerned Citizens of Valley Stream, Inc. v. Cahill, No. 12650/2001, 2002 WL 553820 (N.Y.
Sup. Ct. Mar. 26, 2002.).
7 Friends of Petrosino Square ex rel. Fleischer v. Sadik -Khan, 42 Misc. 3d 226, 977 N.Y.S.2d
580 (Sup. Ct. 2013).
8 SFX Entm't, Inc. v. City of New York, 297 A.D.2d 555, 747 N.Y.S.2d 91 (2002).
9 Sadik -Khan, 42 Misc. 3d 226, 231 -32.
"An Equal Opportunity Employer with a commitment to workforce diversification."
park, "the infrastructure to support" the same (i.e., the very Boathouse as to which this license
would pertain), and "a direct connection to the important park purpose of [rowing] recreation. "10
It is also permissible for the licensed use to require the public to pay fees for
participation. For example, the above - discussed decision notes "Petitioners' assertion that the
bike share station is an improper park use because the Program charges a fee is also unavailing.
Concessions with fees such as bike rentals, boat rentals, cafes and ice skating rinks are common
in parks and have consistently been upheld as proper by the courts. "11
In sum, public - private partnerships have become downright commonplace in parks
throughout New York, and were (again) approved as a park purpose —in the form of a 15 -year
license of parkland to a for - profit restaurant —by New York's highest court just last year. At the
extreme, entire parks are legally operated by private entities, including New York City's Bryant
Park. This is possible because "it is the nature of the use rather than the nature of the user" that
determines the validity of a public - private partnership in a park. 12 These are therefore
permissible, subject to appropriate requirements, where the private operation benefits public use
of the parkland. That question of public benefit is in the first instance a choice for the
municipality to make, balancing a license's benefits to park use against that license's impacts on
other park uses. A "mere difference of opinion" "as to the best way to use the park space" is "not
a demonstration of illegality." 13
Conclusions
The principles enunciated in the memorandum yield a few relatively simple conclusions
in the current context:
Boating, and in particular rowing, qualifies as an appropriate recreational
parkland use under New York's public trust doctrine, and specifically in the
context of Stewart Park.
The proposed license is properly designated a license, not a lease.
It is for the Common Council to decide in its reasoned discretion whether
licensing a portion of the Boathouse to CBC is an effective means of
providing boating services to the public in Stewart Park, in fulfillment of a
park purpose.
10 Id
11 Id. at 232.
12 Port Chester Yacht Club, Inc., v. Village of Port Chester, 507 N.Y.S.2d 465 (2d Dep't 1986).
13 Union Square, 22 N.Y.3d 648, 655 (2014) quoting 795 Fifth Ave. Corp. v. City of New York,
15 N.Y.2d 221, 225, 205 N.E.2d 850 (1965).
"An Equal Opportunity Employer with a commitment to workforce diversification."
AGREEMENT /REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY
THIS AGREEMENT, made this _ day of , 2015, by and between:
► The Cascadilla Boat Club, a domestic not - for -profit corporation with a mailing address at P.O. Box
4032, Ithaca, NY 14852, (hereinafter referred to as "LICENSEE "),
and
► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca,
New York (hereafter referred to as "CITY "),
WITNESSETH THAT:
WHEREAS, CITY is the owner of a parcel of land with improvements thereon in the City of Ithaca,
County of Tompkins, State of New York, commonly known and designated as the Stewart Park Boathouse, the
Stewart Park bank of Fall Creek, and as Tax Map Parcel No.2. -2 -2; and
WHEREAS, LICENSEE wishes to use certain land in the City of Ithaca owned by CITY, for the purpose
of operating a rowing program that broadens public opportunity for rowing on the waters adjoining Stewart Park,
which CITY -owned land consists of approximately 2,810 square feet of space within the boathouse structure and
18,462 square feet of land surrounding the boathouse which use can be described as follows:
An area within the City -owned land known as Stewart Park and which is located at the
northwestern point of the park commencing at a point on the western shoulder of Stewart Park
Road located approximately 39 feet east of the southeastern corner of the boathouse extending
approximately 88.75 feet to the northwest and then southwest for a distance of 201.09 feet and
then southeast 30.00 feet to the western bank of Fall Creek and then following the bank of Fall
Creek southeast approximately 223.42 feet and then north 97.58 feet returning to the point or
place of beginning, which is shown on the drawing attached to this agreement labeled ExhibitA.
Notwithstanding the preceding sentence, the licensed area does not include the area constituting
the boathouse structure or its footprint, except as hereinafter provided.
The licensed area shall also include access to and use of the following areas totaling
2,810square feet within the structure located within the boundary described above, hereinafter
referred to as "the Cascadilla Boathouse ": 2,404 sq ft of boat storage rooms, 275 sq ft under and
around the base of the stair (but not including any permitted storage on stair landings or on the
stairs themselves), and 131 sq ft at the stairs leading from the boat bay. When and if the City
chooses to make the second floor gym available for use by the Licensee, the licensed area shall
also include 2,435 sq ft for the second floor gym, which shall at that time be factored into the
Annual Use Fee on a pro -rated basis so as to exclude that prospectively- estimated portion of the
year when the gym space is unavailable to CBC for use. Availability of the second floor gym
shall be a determination made by the Board of Public Works, on recommendation of the
Superintendent of Public Works, but only if and when all mandatory processes are satisf ed,
including verification of code compliance of the use.
Any indoor area not specifically described in this license agreement is not included
within the licensed premises and is therefore excluded from the licensee's permitted use under this
agreement. The licensed premises are to be used for launching and docking boats at the Stewart
Park bank of Fall Creek, and storage and use of boats, exercise equipment, and other club
equipment within the Stewart Park Boathouse; and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the
terms and conditions by which the CITY may license the use of its real property to a person or persons; and
WHEREAS, the CITY's Common Council has authorized the Mayor to execute an agreement containing
a revocable license that allows the above - described use, subject to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an
installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators,
successors and assigns, do hereby covenant and agree as follows:
1. By the License herein contained, LICENSEE shall have the right to lawfully use the City-owned land
described above, subject to the terms and conditions set forth herein, for the purpose of operating a rowing
program in a manner that serves and enhances the public's recreational and /or athletic engagement with Stewart
Park via access to rowing on the waters adjoining Stewart Park (said access to meet the requirements specified in
Section 2 of this Agreement). The CITY reserves the right to enter upon the licensed premises upon reasonable
notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is
required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition.
2. The License herein contained does not grant LICENSEE sole and exclusive use of the CITY -owned
unimproved -land described above. Notwithstanding other provisions within this paragraph, LICENSEE shall have
sole and exclusive use of the licensed area within the Cascadilla Boathouse, as described above, excepting the
second floor gym, which if ever incorporated into this license, shall be open to community use on such terms and
conditions as the CITY may from time to time specify, in its sole discretion. Said exclusive use is granted for the
sole purpose of servicing (primarily via boat storage) the non - exclusive uses granted under this license.
LICENSEE's use of Stewart Park shall in no way infringe or restrict the general public's use of the Park grounds
or the Stewart Park bank of Fall Creek. When not in active use by LICENSEE, any improvements to the Stewart
Park bank of Fall Creek shall be open to and useable by the general public. Participation in LICENSEE's
activities, including any and all rights granted to individuals for boat storage within the Boathouse, shall be
available to all members of the public via membership application (which may contain reasonable rules and
criteria for membership) and payment of a recurring membership fee, which shall not be unreasonably large, said
unreasonableness to be evaluated after accounting for discounted or income - sensitive opportunities for
participation in LICENSEE'S activities. LICENSEE shall, not later than the due date of the annual license fee
payment under this agreement, file with the City Clerk a report on (a) the then- current fee structure for
membership and participation in LICENSEE, (b) the reasonableness of said fee structure, and (c) community
participation opportunities and events being offered by LICENSEE.
3. The use by LICENSEE of the above - described property of the CITY does not constitute and shall
never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and
shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and
current License/Agreement.
4. Subject to the provisions of Paragraph 5, below, the term of the License contained herein shall be for
the period commencing April 1, 2015 (or on the date by which all application and use fees and any required forms
described herein are received by CITY, whichever date is later) and expiring on March 31, 2018. This License
shall, subject to the limitations in the next sentence, renew automatically on the annually - recurring anniversary of
the commencement date, for three -year terms that shall supersede the unexpired two -year remainder of any
previously- executed license between the parties. Such automatic renewals shall, unless otherwise agreed in a
properly - executed writing, be on the same terms and conditions as this license (except that the amount of the Use
Fee may be revised annually, per the provisions of Paragraph 7, below), and shall be effective only if (i)
LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for
the renewal period, before the commencement of such new term (i.e., before April 15), and (ii) the CITY has not
notified LICENSEE, by March I't, of the CITY's intention not to renew the license.
5. Notwithstanding any other provisions herein, the License contained herein may be terminated by
LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early
2
termination, LICENSEE shall be entitled to a pro-rated refund of the use fee, for the unused portion of the term,
provided that LICENSEE is in compliance with the provisions of Paragraph 9, below. Such early termination
shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below.
6. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified
by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public
safety or welfare, or (b) upon at least one month's written notice to the Licensee that the Superintendent of Public
Works, in an oversight capacity to LICENSEE'S use of CITY Parkland, has determined that LICENSEE has
failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the
notice period, or (c) upon at least nine months' written notice to LICENSEE that the CITY's Superintendent of
Public Works has determined that the licensed premises is required for a public purpose, or that the Common
Council has resolved to so terminate this license. LICENSEE may appeal a non - emergency revocation or
modification (other than by final vote of the Common Council) to the CITY's Board of Public Works, but must do
so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or
modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of
the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is
in compliance with the provisions of Paragraph 9, below.
7. This Agreement/License shall not take effect until fully executed and until the use fees set forth below
have been received by the City.
Annual Use Fee: The Use Fee for the initial year of this license is $12,727.14.'
A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain's office by April
1 of the license year. This Use Fee represents the estimated fair rental value of the City land in question for the
initial year, and is based upon a report by Pomeroy Appraisal Associates (copy available in the City Clerk's office)
and pro-rated portion of the assessed value of Stewart Park.
The unimproved City land in question was deemed to be in the "Marine Commercial" category, and to
consist of approximately 18,462 square feet. The fair rental value of such land was deemed to be $0.43 per square
foot; to recover the cost of the appraisal process (over a 5 -year period), the CITY has added 10% to the fair rental
value of all licenses and permits for use of City land, making your total rate $0.47 per square foot.
The licensed premises within the City -owned boathouse is licensed land with improvements, consisting of
approximately 2,810 square feet. The fair rental value of such land with improvements was deemed to be $1.44
per square foot, based on the assessed value of the park.
The Use Fee for subsequent years may be adjusted by CITY by an amount up to the rate of any increase in
the consumer price index since the previous year. The Use Fee may be adjusted to correspond with information
from an updated appraisal report (expected to occur every 5 years); however, if the CITY intends such adjustment
based on an updated appraisal report, LICENSEE shall be so notified by February l' prior to such adjustment.
The Use Fee may be adjusted at such time as the second floor gym is available for use and shall be pro -rated to
exclude time when the space is unavailable for use.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of
the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the
amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional
fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice.
Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount
of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due.
Subject to prior written approval of the Superintendent of Public Works upon completion of all
appropriate and necessary approval processes, which approval shall be granted or withheld in the City's sole
discretion, the Licensee may seek to provide improvements to the building or land, and may seek a credit against
the subsequent year's Use Fee in that dollar amount approved in the sole discretion of the Board of Public Works,
based primarily upon amounts paid out of pocket by the LICENSEE or value of work performed or materials
1 Total assessed value of park ($11,250,000) divided by the square footage of park (7,805,516.4) multiplied by square
footage of leased boathouse area (2,810) = $4,050. When added to $8,677.14 for land area (based on Pomeroy
Associates appraisal), $12,727.14 total is achieved.
supplied by the LICENSEE, as to the valuation of which the Board may require LICENSEE to submit an
independent estimate, to provide improvements to the building or land, but only insofar as said improvements are
deemed, by a vote of the Board of Public Works, to better the building or land in a manner consistent with the
City's long -term interest in the building and land, and not merely to the contemporaneous benefit of the Licensee.
The Licensee shall submit proposed improvements in writing to the City.
Utility Fees: LICENSEE hereby agrees to pay an additional $920 per year, representing the estimated
Stewart Park Boathouse utilities. Said $920 is comprised of an estimated $650 for electricity and an estimated
$810 for water, of which CBC is responsible for an estimated one -third of said water charge, or $270, subject to
adjustment of the water charge component in the Superintendent of Public Works' sole discretion if temporary
metering installed at the City's option indicates an alternative estimated proportion of usage based on hours of
usage measured. LICENSEE's failure to pay this estimated utility charge shall constitute a failure to comply with
a substantive term of this license and shall be grounds for the CITY to revoke or modify the license.
8. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable
condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public
from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or
thing thereupon, placed, constructed or caused by the Licensee, as directed by the CITY. In the event of
LICENSEE's failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the
same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge).
Notwithstanding other provisions of this paragraph, LICENSEE shall not be responsible for lawn mowing or
repairs to the City owned structures, namely the Cascadilla boathouse, except for broken windows adjoining the
licensed area, as to which causation of the breakage shall be irrelevant to this provision, and as to which
LICENSEE shall pay the City's full cost, including labor and materials, of repair or replacement at the City's
option, plus a 25% markup for overhead, provided, however, that the City shall endeavor to provide ten days'
opportunity to the LICENSEE during which LICENSEE may at its own expense directly execute the required
repair so long as LICENSEE has within 24 hours of provision of notice boarded up any openings in the broken
window.
LICENSEE agrees not to store boats or other equipment on land outside the boathouse, except that
licensee may store boats in current use on storage racks and trailers in current use in those locations identified in
Exhibit C hereto. In the event of LICENSEE's failure to follow this provision, the CITY may, without notice,
remove LICENSEE's property, effect necessary repairs, and charge the LICENSEE for such cost plus a 25%
administrative charge.
With respect to trash and refuse removal, including but not limited to any plastic bottles, cups, towels,
socks or other clothing, left on the grounds of the licensed premises, LICENSEE's failure to remove all trash or
refuse and keep the licensed premises in a tidy and clean condition shall be a violation of LICENSEE's obligations
under this paragraph. LICENSEE shall be liable for a penalty of $40 for the first violation at the licensed premises
within a twelve -month period, $60 for a second violation within a twelve -month period, and $100 for a third or
subsequent violation within a twelve -month period. Such penalties shall be added to any charges imposed by the
CITY for costs of removal plus the 25% administrative charge.
Within three months of the annually - recurring anniversary of the commencement date, LICENSEE and
the CITY agree to conduct a joint walk - through of the boathouse, together documenting the building condition as
the parties mutually see fit.
9. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely
renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good
order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless
the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the
CITY, such delivery shall include removal of any debris and any structures installed by LICENSEE. Any damage
to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by
LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the
date of written notice from the CITY, or the end of the term, whichever is later, the CITY may thereafter cause the
restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICENSEE and/or may
assess the cost thereof (plus 25 %) against LICENSEE and its benefited property.
El
10. LICENSEE hereby agrees to indemnify and hold the City and its officers and employees harmless
from any loss, injury or damage arising out of the occupancy or use of the Licensed property, by LICENSEE or its
servant or agent, or —with respect to internal portions of the building licensed to Licensee —by any member of the
public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the
maintenance of the afore- mentioned Licensed property, or the failure to maintain the same in good repair and safe
condition, including attorneys fees and court costs, provided, however, that nothing in this paragraph shall apply to
loss, injury or damage arising directly and proximately from actions or omissions of the Ithaca Youth Bureau or its
servants or agents insofar as they are serving a purpose of the Ithaca Youth Bureau. LICENSEE acknowledges
that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any
claims which may arise out of LICENSEE's obstructing, encumbering or occupying any portion of the public area
of any adjacent street, including the sidewalk.
11. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least
$1,000,000 per occurrence, $2,000,000 general aggregate for personal injury liability and $5,000,000 in excess
general liability, to list the City as an additional insured under said insurance policy, and to provide written proof
of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual
anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the
City.
12. In the event of the expiration and non - renewal, or termination, of this License, failure of the
LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the
Municipal Code of the CITY.
13. The LICENSEE may not assign, transfer, or sublicense this License. The LICENSEE accepts
responsibility for, and hereby commits to observe and enforce, all mandatorily- applicable safety regulations
pertaining to LICENSEE'S activities on the licensed premises.
14. Licensee shall not discriminate against any employee, applicant for employment, contractor or
subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed,
color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national
origin, race, religion, sexual orientation, socio - economic status, or weight.
15. Licensee hereby agrees that if any clause, sentence, paragraph, section, or part of this license or its
authorizing resolution, or the application of any of the aforesaid to any person or circumstance, shall be adjudged
by any court of competent jurisdiction to be invalid, unenforceable, or otherwise contrary to applicable law, such
judgment shall not affect, impair or invalidate the remainder thereof, or the application thereof to any otherwise
unimpacted person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in which such judgment shall have been rendered, it
being the intent of LICENSEE and CITY to preserve the terms of this license to the greatest extent permitted by
applicable law.
16. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the
City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set
forth above, or at any other address provided in writing to CITY by LICENSEE.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year
first above written.
5
CASCADILLA BOATCLUB
By: _
Name:
Title:
CITY OF ITHACA
By:
Svante L. Myrick, Mayor
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2014, before me, the undersigned, a Notary Public in and for said State,
personally appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me
that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or
person on behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2014, before me, the undersigned, a Notary Public in and for said
State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of
satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at
Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which
executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public
Works of such corporation.
Approved as to form and content:
City Attorney
C:
Notary Public
Date
Exhibit A
Boathouse Area: Hatched area depicts approximate licensed premises under this agreement. 2,810 sq
ft (includes boat storage rooms, stair areas
1011-9-2".
OVERALL DIMENSION INCLUDING ROOF OVERHANGS
Exhibit A - Boathouse Area
Land Area: Shaded area depicts approximate licensed premises under this agreement.
18,462 sq ft = (22,759— 4,297, square footage of building footprint)
--------------
IF
OVERALL DIMENEMN
INCLUDING RQQF OVERHANGS
/ /Q1,
Exhibit B - Land Area
7
k - ° C BOAT STORAGE
I- _ - - _ _ _ _ ._ -
-- r- CBC -BOX TRAILER
^l
IYB BOAT TRAIC'ek
101' -92„ _
OVERALL DIMENSION
INCLUDING ROOF OVE RHANGS
tBC BOAT TRAILER
I I
Exhibit C - Exterior Boat Storage Area
E:3
Plans for Permaculture Park (Conley Park) — 2015
Staff and volunteers from CCE- Tompkins made a presentation to the Parks Commission on
February 10, 2015 and received permission for the following activities in 2015:
• Construct raised beds adjacent to sidewalk —these beds will be wheelchair accessible
from the sidewalk. They will be on a stone dust pad to eliminate the need for
mowing /weed wacking next to the raised beds.
Construct an arbor at the north and south entrances to the park. The arbors will
straddle the sidewalk, leaving enough space for the city snow removal equipment. They
will be planted with perennial vines (hops, hardy kiwi) and annual vines (scarlet runner
bean).
We were also hoping to put up an information kiosk or signboard at one end of the park to
provide information about the Permaculture Park and upcoming volunteer activities and events
in the park. The Parks Commission said that they would like to come up with a unified design
for information signs in all the parks so we will await that decision before moving ahead.
Approximately 300 volunteer hours were donated to the park in 2014, as well as plant material
from local nurseries. A collaboration with Cornell's landscape architecture program funded a
new planting in fall 2014 consisting of shrubs and perennials to attract birds, butterflies and
pollinators.
For more information, and to see photos of the park plantings and volunteers working in the
park, go to https:// permacuIturepark.wordpress.com/
dogwood —
plum tree —
strawberries -
daylilies
Franklin Street
serviceberry
strawberries
blue elderberry —
winterberry —
red chokeberry —
purple coneflower-
sunflower —
sugar maple
serviceberry —
apple tree —
gem goumi —
Allium
chives
Egyptian walking onions
jujube
sunshokes
Ithaca Permaculture Park
r— Black Eyed Susan Phase 1 Design
PLANTED
hazelnut
February 2015
apple Trees
o�
N �G
�COO� apple tree `Liberty'
INgh WINI
0
D °
m
m
m
0
0
r .yt( o
N
— apple tree
apple tree 'Enterprise'
white currant
apple tree 'Chanango'
Shennandoah pawpaw
o Mekong giant banana
Prunus avian
® bird cherry'
Susquehana pawpaw
a Pagoda dogwood
American witchhazel
red chokeberry
spicebush
beautyberry
0
Kousa
dogwood
thornless
blackberry
3 currants
{+ 1 (red i£ white)
thornless
blackberry
n
gooseberry
red currant
raspberry
oO
5 Stf6ei
Pdam
�L
chives
N
' ' FEET
0 15 30
Ithaca Permaculture Park
Phase 2 Design
PROPOSED
February 2015
0
+s
Sign: lockable cork board
+s
, Arbor: mixed planting
Franklin Street \ with hops
& annual climber
Raised garden beds: °
proposed 2016 D
R
CD
Herb spiral
Raised garden beds:
proposed 2015
Community Input, Design
Refinement and Planting
Notes:
Phase 2: Scheduled for
2015 and 2016
Raised garden beds
constructed of locust boards
- proposed dimensions
of each: 3'x9'
-each will be surrounded by
crushed stone + gravel
Arbor constructed of black
locust rounds
a.
�b
•
1• •
r`
1 • Mr �.
•
'`1 tee'
s
Pda�
J
f
Arbor: mixed planting
with kiwi vine
& annual climber
f@
�L
N
' 0 '5 FEET
0 15 30
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850 -5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development — 607 - 274 -6550 Community Development/IURA — 607 - 274 -6559
Email: dgrunder@cityofidma.org Email: iura @cityofithaca.org
Fax: 607 - 274 -6558 Fax: 607 - 274 -6558
TO: Board of Public Works
FROM: Megan Wilson, Planner
DATE: February 25, 2015
RE: Parks Commission Recommendation — Proposed Phase II of the Permaculture Park Project
at Conley Park
At its February 10th meeting, the City of Ithaca Parks Commission discussed a proposal from Cornell
Cooperative Extension to install a second phase of its permaculture project in Conley Park. The second
phase would consist of several raised garden beds, an herb spiral, two arbors at park entries, and a lockable
sign cabinet. As this project continues to grow, the Parks Commission would like it made clear that Conley
Park is a City park and is open to all members of the public. While a quorum was not present, the Parks
Commissioners in attendance unanimously supported the installation of Phase II of the Permcaculture Park
Project with the exception of the proposed sign. The Parks Commission continues to have concerns about
the number of signs installed in City parks and a lack of standards for new signs. The Commission will be
preparing park signage guidelines to be considered by the Board of Public Works in the coming months and
is not comfortable recommending new signs until guidelines are in place.
If you have any questions or comments, please contact me at 274 -6560 or mwilson(@cityofithaca.org.
Update on Floral Avenue Community Garden (Rt. 13A)
As you may recall I attended a BPW meeting on April 14, 2014 seeking permission to start a new
community garden on Floral Avenue. I had originally proposed that the garden be located at the
north end of the open area, closer to the city -owned parking areas and the new footpath by the
water. Board members were concerned about delivery of materials like mulch and compost, so
it was suggested that we move the garden location to the south end of the site and use the
parking area at the south end. At that BPW meeting I was told that all that was needed to finish
this parking area was a curb cut to the street. The parking area had previously been partially
developed by the city but was never completed as there was not a need for it. The board
agreed with the suggestion to have the garden at the south end of the site, and the garden was
unanimously approved by the BPW.
In June we had the site plowed, put up a deer fence and by September the garden was mostly
all planted, with vegetables planted by community gardeners in the south half of the garden
and cover crops for winter in the north half.
In August I contacted the city engineers to get a permit for a curb cut for the parking area and
they had a long list of requirements to develop this as a parking area — including paving, stripes,
handicapped parking, boulders around the edge, etc. Initially I was told by Kent Johnson that
the entire lot would have to be paved due to possible poor drainage. Upon learning that the
parking area had been built up with fill from construction of the nearby apartments Kent
agreed that drainage would not be an issue, so he said that in order to use it as a parking lot for
the garden we would have to hire someone to do the curb cut, pave the entrance apron with
concrete and then pave and stripe two parking spaces for handicap accessibility.
I had an estimate done by Mancini's and the cost for this work is over 13K. Obviously CCE
does not have the funding to complete the parking lot to this standard. It is very disappointing
to have a community garden that is so far from any parking (it's about % mile to the nearest
city -owned parking lot). Even if the gardeners live locally it would still be much more
convenient to have a place close by where they can park if they are bringing plants and tools to
the garden.
I am wondering if there is any way at all that these strict requirements can be waived in this
case? I could do some fundraising /grant writing to try to find funding to do the curb cuts and
possibly the concrete apron at the parking lot entrance, but I really don't think it's practical to
have two asphalt handicapped parking spaces when there is no sidewalk on that side of Floral
Avenue. While I am very much in favor of accessibility, a person in a wheelchair, on crutches or
using a walker would not be able to go anywhere if they parked in that lot, so it seems like an
unnecessary expense at this point.
MANCINI- FERRARA & SONS, INC.
PAVING & EXCAVATING CONTRACTS
134 Ithaca Beer Dr., Ithaca NY 14850 (NOTE: new mailing address, same location)
PHONE (607) 272 -3600 - FAX (607) 273 -3889
PROPOSAL
Submitted To: Chris Gardner DATE:
Cooperative Extension HOME PHONE:
Address: Ithaca, NY 14850 WORK PHONE:
MOBILE PHONE:
Job Name /Location Install new parking area on Floral Ave. FAX # / e mail:
Per your request, we propose the following:
Excavate and remove spoil from approximately 1,000 sq. ft.
Remove existing granite curb and re -use to create a curb cut approximately 20 lin. ft.
Install 6" of crusher run limestone on approximately 1,000 sq. ft.; grade and compact.
Install 120 sq. ft. of 6" of PSI 4000 lb. concrete next to granite curb.
Install a 3" (compacted) blacktop binder course, type 3, on approximately 880 sq. ft.
Install a 1 %Z" (compacted) blacktop top course, type 7, on approximately 880 sq. ft.
Stripe and paint two (2) handicap symbols.
Obtain City of Ithaca Street Permit, and the NYS Highway Work Permit.
9/4/14
607 - 379 -8287
cab69 @cornell.edu
NB: WE ARE FULLY INSURED - A CERTIFICATE OF INSURANCE WILL BE SUPPLIED UPON
REQUEST AS WORK BEGINS. QUOTED PRICE SUBJECT TO CHANGE AS MATERIAL COSTS
ESCALATE. PRICE WILL BE ADJUSTED ACCORDINGLY BEFORE WORK BEGINS.
We propose to hereby furnish material and labor - complete in accordance with above specifications for the sum of:
Thirteen thousand seven hundred ten --------------------- - - - - -- Dollars ($1371000)
Authorized Signature Frank Ferrara, Sr. President
Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified.
Signature: DATE:
TO ACCEPT THIS CONTRACT PLEASE SIGN AND RETURN ONE COPY
The unfinished parking area that the BPW suggested could be used for the Floral Avenue community garden
A city -owned parking lot further north on Floral Avenue — unpaved and with no handicapped parking spaces
Floral Avenue community garden, September 2014
agenda item for next BPW
agenda item for next BPW
Robert Morache [robmorache @gmail.com]
Sent: Thursday, February 26, 2015 8:34 AM
To: Kathy Gehring; Michael Thorne
Categories:BPW
Hi Mike and Kathrin,
https:// mail. cityofithaca. org/ owa/ ?ae= Iten3&t= IlPM.Note &id= RgAA...
BPAC has passed a resolution on Monday recommending a 4 -way stop at the corner of Clinton and
Plain, in conjunction with the bike boulevard system. I think it would be a good idea for BPW to
consider.
I would like this added as a discussion item on the next agenda.
Thanks,
Rob Morache
BPAC's resolution:
Resolution
Whereas: The City of Ithaca is building a Bicycle Boulevard network to increase safety and comfort for
cyclists,
And
Whereas. The proposed and adopted Bicycle Boulevard plan utilizes Plain St. crossing Clinton St,
And
Whereas: The intersection of Plain and Clinton has been identified as one of the most problematic
intersections along the route,
And
Whereas: Clinton St. has a high volume of traffic and does not have adequate breaks for cyclists or cars to
cross at Plain St.,
And
Whereas: A four -way stop would be the simplest, fastest, and least expensive retrofit for the intersection
and would also provide the best level of service for cyclists along the Bicycle Boulevard route,
Therefore be it resolved: That the City of Ithaca Bicycle Pedestrian Advisory Council recommends that the
Board of Public Works direct Traffic Engineering staff to study and implement a four -way stop at the
intersection of Clinton St and Plain St. as quickly as possible. We believe that this stop must be in place
before the Bicycle Boulevard network has been completed and that temporary signs should be installed if
permanent signs cannot be obtained in a timely fashion.
1 of 1 3/4/2015 9:09 AM
CITY ,OF ITHACA — supertnurwam of Puwjc works lagehr cityoliimca.ora
108 East Green Street. Suite 211Z 111ha a. N. Y_ 14856 Pmft— 1,607) 274-W7 Fax: a, l c74 CM7
APPLICATION FOR SIDEWALK CONSTRUCTION 1 REPAIR CREDIT
PRUNE - J6l:413EF e'er% r EMAIL AOCRESS c +t✓, /i'�+` `�' /f"/ + ` "'• ; � ;
Flr%w rat dearly
V114JEE RE DID THE SIDEWALK CONSTRUCTION I IERAIJq OCCUR?
ADD I'll ESS i Vg IV, Z- rl-'49A TAX PARCEi�
DATE OV APP XATlfffv BUBhAlfi, Wahl C % O ATE SIDEWALK WORK WAS COMPLFTI=1)
Ions ,must be recOved by ME to be ehg 1e to remve cmidir in rho fallowh7g fiscair yew
Property ownem may receive a credo lei Sid€walk consimcoon e repair cogs ;hey %ncurn3d with n the past. twenty (20)
years. f iris vecwl v i l be usW to offset their Skfewa& Improvement DlArid (SID) annual assessniierts, for uP ;o twrernty
(20) yearns eller the siclowalk work was tioompleted_ The inm --red w.1s $ne divided by 23 to det line the poteMl credit
that can be received per year. 71he Crack ils apa! wtge o* to Vw prapary .ara whfi:h The work was completed arriicaanot
exceed the SID annuat ass es (or that Me pare
N the sidewalk wdrit wis V0T_DerE+s M jg br llhe Cft of lEhaca, pnov' term dire liicatiotr:
A copy tai the Street Permit weed to aiinw the sitfewaA vm* to occur. Sidewa.°k work
performed %wilhoul a vaidl Strad Permit is not eligtle Jor m4mbu- memer�t
` An iiernizad receot inai:wirlg Me cast tncu rW for Sidewalk trvwk am the daze shat zhe
work was comple d. Tlw receipt, or a separate Statemeny, m6st degOL -e She caokoe of
the nark performed; inclijdna 1-m-m many square • IM or aidtrdralk was cormtnxled (cos-15
beyond $15 aver square toot are not e g Ole). Driveway apron work, and sidewa k, work
oulsid,e o`the public rigns of way. are nW el'gible eor teirnburSmeny
it the sidewalk rock was ro(if timed gw ilia DIlly gt'_LONM provide w4h this appll -
r
of ;fir. i (Aia C. � � � ,"'� � '�` � s .r .0 pt- ; i��t, t #:.
31YA.:er fir.Il r"e#.•d ir, SUPply a copy-}, Applicakfi . 'il' be teceploc w0x.At a complPlion
dale if City re,. =, ( U reflex they - ,.i ;.;ta of r.[- mieWn_
C1 Tim applloant # : pro abaqrsata d uTrr.'te ion sf sligi6de oosts.
J The applicant has W07 provided add di wntentabon of eligible casts.
7tra t�f ;esteraee� jnfga'rneE�re i� r�uirgsi:�,_._... _.
The SuperkdarxioMal Pubtic Wort has deterndned that the applbmt is eligible loran armal cmdlt+of.
per yur inct to azeed the SID annual as men!) untl
*L V4
M
�a
Urry J heovelll
610 EWdr2 Read
IthaM New pork 14M
Phone: 647-273-9221
fax: W-2734272
272
Fred 00odw70
356 Bald Hill Rd-
5per, NY 14883
lob Location-
6C-6 X, Cayup St-
Ithac , NY 14850
Seuglenfaix 17,2 t
Tear nut and Tcplace 9 iqua-cs of side a ustal! cmLshcr rte undmmth new Sit ewwk
T= Estito for labor wd 5 �1.700;00 �5
Necceptaace ofPr t
If you have any question cowerning this pmpouL please contwA me,
Resp*cOWly submitted,
Larry -du
207 Cleveland Avenue
Ithaca, NY 14850
February 5, 2015
To the Superintendent Michael Thorne:
RECEIVED
Dept. of Public Works
FEB 10 2015
Office of the Superintendent
and Engineering Division
We are writing to appeal the $50 bill from the Streets & Facilities Division for the removal of
snow and/or ice from sidewalk (Invoice #00020000). According to the bill, the snow fell on
January 16 and the entry date for labor was January 21, 2015. The bill is for the amount of $50.
We are shocked and disappointed in the city for issuing us this bill. We have owned and lived in
our house on Cleveland Avenue for 15 years and take pride in keeping our property in top
condition. We have never in our entire time living here been billed for having an uncleared
sidewalk. We shovel daily when the snow falls and we often help our neighbors by shoveling
their sidewalks. As one neighbor said, we are the shining examples of responsible neighbors. She
was shocked that we received a fine as our sidewalk is often the cleanest on the block.
While we fully support the city in ensuring that our sidewalks are clear for pedestrians and those
using wheelchairs and strollers; sending us a bill for $50 without any prior communication felt
like a violation to us as proud and responsible homeowners. We don't even know the
circumstances around this situation. Had someone complained? Was it done in error? Why
hadn't we been notified or warned that heavy equipment was coming our way? How does the
city ensure consistency in mitigating this action across the city?
We think this policy must define more clearly what it means for a sidewalk to be cleared. Does
the concrete sidewalk need to be exposed in order to be considered "clear "? We tend to avoid
using salt as it hurts our four - legged neighbors' paws.
As involved and committed residents in our neighborhood, we appeal this fine. We would have
been more than happy to take further action had someone notified us that our sidewalk was not
up to par. In addition, the heavy equipment that was used to clear our sidewalk took a chunk out
of one of the cement sections and will most likely need further repair. Will the city be
responsible for that? Thank you for considering this appeal and we look forward to hearing from
you.
Sincerely,
C
Carol Hoffman & D Chorba
CITY OF ITHACA
108 E GREEN STREET
ITHACA NY 14850
Bill to :
CAROL HOFFMAN
CHORBA DOLORA
207 CLEVELAND Ave
Property : ITHACA NY 14850
207 Cleveland Ave
Invoice From: Streets & Facilities
Entry Date Item Category
01/21/2015 LABOR
Invoice Date: 01/23/2015
Invoice # : 00020000
Account # : 00006657
Due Date: 02/23/2015
Streets & Facilities Division
General Billing Information
(607) 274 -6580
Information specific to bill
(607) 272 -1718
Invoice Ref. SNOW REMOVAL
Item Description
REMOVE SNOW AND OR ICE
FROM SIDEWALK
Qty Price
1.00 $50.00
Total
$50.00
Total:
$50.00
Additional Description: REMOVE SNOW AND OR ICE FROM SIDEWALK FROM S1,401k FALL 1/16/2015
BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00
PER MONTH, WHICHEVER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINDIr) T.JNPAID ON NOVEMBER 1 ST ARE ADDED TO
THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A P.'1R'I° THEREOF.
Make check payable to:
CITY OF ITHACA
CHAMBERLAINS OFFICE
108 E GREEN STREET
ITHACA NY 14850
CHORBA DOLORA
207 CLEVELAND Ave
ITHACA NY 14850
Return this portion with your payment
Invoice Date : 01/23/2015
Invoice # : 00020000
Please Pay on or before
02/23/2015 $50.00
Amount Paid
MV00020000
00000000000000000200000000000000000400000001000000005000006
207 Cleveland Ave. Snow Removal
1/21/15
2/18/15
From:
Wenchao (Frank) Wang
Southhill Realty, LLC
121 Larisa Lane
Ithaca, NY 14850
To:
Ithaca City Clark
108 E Green St
Ithaca, NY 14850
Subject: Requesting for waiving the Sidewalk Snow Removal Charge
Dear Ithaca City Clark,
RECEIVED
Dept. of Public Works
FEB 19 2015
Office of the Superyntendent
and Enpineerinp Division
I have received a bill of $50 for removing snow on 1/29/2015 from the sidewalk at front of 208 Cornell
Street. I have no question that it is a legitimate charge, but would like to ask you to waive it for first time
because my tenant and I had no knowledge of the city regulation and residents' responsibility.
208 Cornell St is my rental property. I live in the Town of Ithaca, so am not familiar with the city
regulations. My tenant is from Texas. This is his first winter in Ithaca (and first time living in north region
of the US). He went to Kentucky during that week. Because he didn't know the city regulation (my fault)
and didn't expect so much snow in this area, he didn't hire people to remove snow while he was out of
town. By the way, our lease requests the tenant to mow the grass in summer and remove the snow in
winter.
Now both he and I know our responsibility. Since this is the first violation, it would be highly appreciated
if you could waive the charge. Thanks!
Sincerely,
w
CITY OF ITHACA
108 E GREEN STREET
ITHACA NY 14850
Bill to :
SOUTHHILL REALTY, LLC
121 LARISA Ln
ITHACA NY 14850
Property :
208 Cornell St
Invoice From: Streets & Facilities
Entry Date Item Category
01/29/2015 LABOR
Invoice Date : 02/06/2015
Invoice # : 00020089
Account # : 00003582
Due Date: 03/09/2015
Streets & Facilities Division
General Billing Information
(607) 274 -6580
Information specific to bill
(607) 272 -1718
Invoice Ref. SNOW REMOVAL
Item Description Qty Price Total
REMOVE SNOW AND OR ICE 1.00 $50.00 $50.00
FROM SIDEWALK
Total:
Additional Description: REMOVE SNOW AND OR ICE FROM SIDEWALK FROM SNOW FALL 1/26/2015
$50.00
BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00
PFR MONTH WHICHFVF.R IS GREATER. Pi TRSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER 1 ST ARE ADDED TO
THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOF.
Make check payable to
CITY OF ITHACA
tIl_I CHAMBERLAIN'S OFFICE
108 E GREEN STREET
ITHACA NY 14850
SOUTHHILL REALTY, LLC
121 LARISA Ln
ITHACA NY 14850
Return this portion with your payment
Invoice Date: 02/06/2015
Invoice # : 00020089
Please Pay on or before
03/09/2015 $50.00
Amount Paid
INVO0020089
111 1111111111111111 IN IN
00000000000000000200890000000000000400000001000000005000005
I
208 Cornell Ave. Snow Removal
1/29/15
At 4Cr . aC
A J.
't
Kathryn Lorentzen
115 Ithaca Road
Ithaca, NY 14850
(607) 342 -4459
February 18, 2015
Ithaca City Clerk
Streets and Facilities Division
108 E. Green Street
Ithaca, NY 14850
To Whom It May Concern:
I am writing in response to a bill issued 2/6/2015 (invoice #00020091; copy enclosed) for failure to
remove snow and ice from our sidewalk on 1/29/2015. As we regularly shovel, salt and clear our front
sidewalk and pathways, I was surprised to receive a bill for being delinquent in our responsibilities.
I called 607 - 272 -1718 on 2/12/2015 to address the bill and was told I would be sent photos to illustrate
the before and after conditions of our sidewalk. Upon receiving the photos (on 2/17/2015), 1 was still
unconvinced that the condition of our walk before the City cleared it was "dangerous to life and limb" or
remotely impassable by pedestrians. As long -time Ithaca residents and homeowners, who have a family
(including two small children) and two jobs, my husband and I feel we work hard to maintain our
property (at times, shoveling at 4:00am), and are discouraged and rather disheartened to have received
a bill for not caring properly for our property.
Bills aside, as conscientious members of our community, we are concerned that responsible,
trustworthy, yet busy young families like ours will receive the wrong message by tickets issued for
hypercritical, subjective issues. It seems a shame to feel so angered by our mutual attempts to care for
a City we love.
Please call or write using the contact information provided in this letter to notify me regarding how to
furAher appeal or otherwise resolve the bill we were issued.
Si*e(eiy,
Kathryn Ann Lorentzen
kalorentzen @gmail.com
<enclosure>
RECEIVEDk
Dept. of Public Wanks
FEB 2 4 2015
Office of the Superintendent
and Engineering Division
CITY OF ITHACA
108 E GREEN STREET
ITHACA NY 14850
Bill to :
MARK LORENTZEN
115 ITHACA Rd
ITHACA NY 14850
Property :
115 Ithaca Rd
Invoice From: Streets & Facilities
Entry Date Item Category
01/29/2015 LABOR
Invoice Date: 02/06/2015
Invoice # : 00020091
Account # : 00006671
Due Date: 03/09/2015
Streets & Facilities Division
General Billing Information
(607) 274 -6580
Information specific to bill
(607) 272 -1718
Invoice Ref. SNOW REMOVAL
Item Description
REMOVE SNOW AND OR ICE
FROM SIDEWALK
Qty Price Total
1.00 $50.00 $50.00
Total: $50.00
Additional Description: REMOVE SNOW AND OR ICE FROM SIDEWALK FROM SNOW FALL 1/26/2015
BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR $3.00
PER MONTH. WHTCFTFVF.R IS CRF.ATFR, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER I ST ARE ADDED TO
THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOF.
Make check payable to:
CITY OF ITHACA
CHAMBERLAIN'S OFFICE
108 E GREEN STREET
ITHACA NY 14850
115 ITHACA Rd
ITHACA NY 14850
Return this portion with your payment
Invoice Date : 02/06/2015
Invoice # : 00020091
Please Pay on or before $50.00
03/09/2015
Amount Paid
INVO00j200 !91
00000000000000000200910000000000000400000001000000005000000
Plt-
1 W-74,1W
MM
i
-c
I
Climatological Data for ITHACA CORNELL UNIV, NY - January 2015
Click column heading to sort ascending, click again to sort descending.
Date
0.0
-- T
Temperature
0.01
^ - -_
Ma;7um
Minimum
Average
Departure
2015 -01 -01
2015 -01 -02
33
16
20
19.0
26.5
_5,2
2.4
2015 -01 -03
- 30
19
24.5
0.6
2015 -01 -04
_ 44
24
0.00 1
_
10.2
2015 -01 -05
54
20
_34.0
37.0
13.3
2015 -01 -06
_ 21
9 _
15.0
-8.6
2015 -01 -07
15
7
11.0
-12.5
2015 -01 -08
13
-3
5.0
-18.4
2015 -01 -09
_ 16
3
9.5
_
-13.8
2015 -01 -10
24
4
_
14.0
-9.3
2015 -01 -11
17
-
4
10.5
1 -12.7
2015 -01 -12
32
16
-
24.0
0.8
2015 -01 -13
33
1
17.0
_
-6.1
2015 -01 -14
- 7
-15
-
-4.0
-27.1
2015 -01 -15
23
-29--
-10
6.5
-16.6
2015 -01 -16
6
17.5
-5.5
2015 -01 -17
,28
-7
-
10.5
-12.5
2015 -01 -18
30
-5
12.5
-10.5
2015 -01 -19
2015 -01 -20
40
31
29
20
34.5
25.5 _
11.5
_ 2.4
2015 -01 -21
24
-3
10.5
-12.6
2015 -01 -22
2015 -01 -23
26
27
-3
9
_
11.5
- _ 18.0
-11.6
-5.1
2015 -01 -24
33
19
26.0
2.8
2015 -01 -25
2015 -01 -26
33
21
21
5
27.0
13.0
3.8
-10.3
2015 -01 -27
17
8
12.5
-10.8
Y015-01-2S
12
.1
-
2015 -01 -29
23
_ -4
9.5
-13.9
2015 -01 -30
2015 -31
M
M
M_
M -
M
M
M
M
M
Sum
758
211
-
_
Average
26.1
7.3
16.7
-6.6
Normal
31.3
15.4
23.3
_
ADD I CDD I Precipitation I New Snow I Snow Depth
R
55 0
51 0
54 0
41 0
48 0
69 0
58 0
47 0
54 0
52 -0
30 0
39 0
54 0
53 0
47 0
39 0
38 0
52 0
52 0
58 0
55 0
M M
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