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01-14-13 Board of Public Works Meeting Agenda
BOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, January 14, 2013, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. A enda I. Additions or Deletions to Agenda (Items 1 -5: 20 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 7. Administration and Communications (5 min.) 7.1 Search Committee Appointments for Superintendent of Public Works— Resolution 8. VOTING ITEMS 8.1 Buildings, Properties. Refuse and Transit (10 min.) A. Request for Encroachment Agreement /License at 202 East State /Martin Luther King Jr. Street — Resolution 8.2 Highways, Streets and Sidewalks (10 min.) A. Authorization to Enter in a Memorandum of Understanding with Valentine Vision Associates concerning Improvements to the Intersection of East State /Martin Luther King Jr. Street with Mitchell Street — Resolution B. Resolution to Direct Sidewalk, Driveway, and Curb Construction along the 100 and 200 Blocks of Elmira Road, also known as Old Elmira Road 8.3 Parking and Traffic 8.4 Creeks, Bridges and Parks 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Appeal of Recycling Violation for 113 Hyers Street (5 min.) 9.2 Appeal of Water Bill for 111 East Seneca Street (5 min.) 10. New Business 11. Adjournment 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- 274 -6570 at least 48 hours before the meeting. The Board of Public Works meets on the second, third and fourth Wednesdays of the months 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. Page 2 Notes for BPW Aaenda. January 14. 2013 7.1 Search Committee Appointments for Superintendent of Public Works— Resolution The committee is being assembled to search for a new Superintendent of Public Works. Three members of Common Council have already volunteered: Donna Fleming, Jennifer Dotson and Chris Proulx. The Mayor will ask for three volunteers from the Board of Public Works. 8.1A Request for Encroachment Aureement/License at 202 East State /Martin Luther King Jr. Street — Resolution Assistant City Attorney Krin Flaherty forwarded this request from the Bank of America on the Commons. They would like to install two (2) security cameras on the corner of their building. The minor encroachment would include air space over the walkway next to the building. 8.2A _Authorization to Enter in a Memorandum of Understanding with Valentine Vision _Associates concerning Improvements to the Intersection of East State /Martin Luther Kinq Jr. Street with Mitchell Street — Resolution Bill Gray has been negotiating this MOU with the Collegetown Terrace developers, and is now prepared to get the Board's approval. This MOU will allow the City to accept approximately $100,000 in donated land from the developers, which will reduce the City's cost for the improvements. Cornell has also budgeted approximately $200,000 for this project. Tim Logue has also provided conceptual improvement alternatives for this intersection. He will provide a short presentation about the preliminary design options at the meeting. 8.213 Resolution to direct sidewalk, driveway, and curb construction along the 100 and 200 block of Elmira Road, also known as Old Elmira Road A continuation of the project as discussed by the Board on November 26 and December 10, 2012. Staff will make a short presentation of the proposed preliminary design. A public meeting is scheduled for January 31, 2013, at the Tompkins County Public Library for further input. 9.1 Appeal of Trash Violation for 113 Hyers Street The resident has appealed a ticket she received for putting her recycling at the curb on the wrong week. She claims she did not know recycling is picked up every other week, even after the City put a bright green warning sticker on the bags a full 24 hours before it was picked up. 9.2 Appeal of Water Bill for 111 East Seneca Street The Planned Parenthood building had a water leak that was repaired in September 2012, after the City sent a letter about a possible leak. The owner of the building is requesting that a major portion of the bill for that quarter be waived because the water was absorbed into the dirt floor of the basement, and did not go into the wastewater system. This is not something the Board normally agrees to, but it is your decision. Kathy Gehriv�, 6Xecutive Ass%stawt For tR_a� -F='ev-javvdV , Ar,tiwO SkperLwtevudevut of T>ubUr, Workes Jav- kQrU9, 201s Page 3 7.1 Search Committee Appointments for Superintendent of Public Works— Resolution RESOLVED, That Commissioners , , and be appointed to the Search Committee for the Superintendent of Public Works position. 8.1A Request for Encroachment Agreement/License at 202 East State /Martin Luther King Jr. Street — Resolution WHEREAS, Michael Bowden of Tyco Integrated Security, seeks to install two security cameras on the Southwest corner of the Bank of America building located at 202 East State /Martin Luther King Jr. Street (Tax Map Parcel No. 70.- 3 -15), in the City of Ithaca and has requested an encroachment agreement/license from the City for the encroachment into the airspace over the Commons; and WHEREAS, the encroachment would consist of the following: Two cameras, extending approximately one foot in length and not more than one foot in width into the airspace to be placed on either side of the southwestern corner of the Bank of America building at 202 East State /Martin Luther King Jr. Street. Installation of the cameras will result in an encroachment into City airspace of approximately 1 square foot over East State /Martin Luther King Jr. Street portion of the Commons and approximately 1 square foot over the Tioga Street portion of the Commons; and WHEREAS, the encroachment, which does not exceed 40 square feet, is a minor encroachment as defined in Chapter 170 of the City of Ithaca Municipal Code; and WHEREAS, it appears that the proposed installation of security cameras would not interfere with the City's airspace or the sidewalks as currently constituted; and WHEREAS, the Superintendent 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 license agreement for installation of two security cameras as indicated in the building permit application submitted of the building at 202 East State /Martin Luther King Jr. Street, containing the usual terms and conditions (with the license revocable upon six months' notice); and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per Chapter 170 of the City of Ithaca Municipal Code, which provides that the annual use fee shall be waived for a minor encroachment. Page 4 To: From: Date: Subject: 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 Jody Andrew, Executive Assistant MEMORANDUM Board of Public Works Krin Flaherty, Assistant City Attorney December 12, 2012 Telephone: 607/274 -6504 Fax: 607/274 -6507 Bank of America - Application for License to Encroach on City Property Attached please find the building permit application submitted by Michael Bowden of Tyco Integrated Security to install two security cameras on the southwestern corner of the Bank of America building. Because the cameras will extend into airspace over City property, the Bank of America must secure a license to encroach upon City property. I have also included a proposed resolution should the Board find that the cameras will not interfere with the public or City use of City owned property. Please contact me should you have any questions. "An Equal Opportunity Employer with a commitment to workforce diversification." This side for !CITY OF ITHA.CA - BUILDING PERMIT $uus4p beat use Ibis form is deemed an application until approved and upon approval is a valid building permit Project Addrexa -1, . %.• _ _ Permit # A�_ Received Ir/ lg?al /Zi issued 1 / Renewed I 1 Denied I I Expires S- years after issue/renewal date ❑ Plans to 01S r Completed—- / a 1 By: Insp � I " ti to Project s i�N- 1 �— +�CGLt Fni Constr. Class._ Sprinkler System: Required Not Required...— None Assembly Posted Occupancy APPROVALS VARIANCES APPEALS SPR 0 C1.PC 0 Board of Zoning Appeals: Granted Denied BZA O ._ . ._.__ _ CAB. �h l -.• case # Date [3 [3 t ; ❑ _ _ DRBX '^ Building Code Board of Appeals: Case # Date 0 ❑ I SCBA lJ DEC 0 %7111 J DPW PR NYS Board of Review: _ -'r-m[3 ol Other 13 _ Case #.._______V —__ — Date � ❑ 0 :'FrAMIT APPROVAL This building permit is issued for the work cles,aribed in this zl piicatioti, sa bznitted }Jians, spec:f., Wons Aral dceumerts, T hesl� materials h yr beco reviewed and fhund to bu sufficient to issue a building perm 1. `i is5 ?,crn5tt is lur to tv tits submitier! Saar " he review doe4 ro% address all aspecis of applicable codes, ordinames wid rag Jations. It shojil be the duty ci zvery ;;essott performing work on he penviated project to comply with all applicable codes, ordinances and regulations. For the ltbaca Building Department BUILDING PERMIT CONDITIONS for , WJIL" Revised VIM CITE' OF ITHACA - BUILDING .PERMIT APPLICATION 108 East Green Street, Ithaca, New York 14850 Telephone: 607 - 274 -6508 Fax: 607- 274 -6521 Buildin¢ Permit Application must be submitted Mon.—FriAM -10AM or by appointment. This side to be completed by applicant. PROJECT INFORMATION Project Street Address: 202 E. state St. Tax Parcel Number (e.g. 55.-5-5): Building/Room.- The Commons_..._ Project Type: New Building D Demolition/Removal ❑ Relocation ❑ Site Work ❑ Fill /Stock Piling O Repair 0 Alteration -1 M Alteration -2 D Alteration -3 0 Change of Occupancy © Addition 0 Estimated Cost: $3,000.00 General Contractor Tyco integrated Security Permit Fee: $35-00 Receipt # Tel 1315) 473 - 7523 Contractor Tel Licensed Electrical Contr. Tel Licensed Plumbing Contr. n Tel City Registered Heating Contr, _ Tel EXiStIng Ilse Bank Branch Proposed Use. Bank Branch Project Location: Front Left & Side Right Exterior of the Building Project Description: (2) Exterior Cameras on the Front Left Corner & Side Right Corner of the _ Building Energy Code Compliance: Prescriptive ❑ REScheek /COMcheck ❑ Trade -off 0 Worksheets D Analysis ❑ Attached: Plans D Specifications ❑ Other documentation ®___,__ PROPERTY INFORMATION Zone Historic /Landmark Dist/Site M Flood Zone: I00yr 0 506yr ❑ OWNER/APPLiCANT INFORMATION (Please Print Legibly) Owner The Commons Address 202 E. State St, Ithaca, NY Tel Applicant 'Tyco Integrated Security Address 109 Pine St. Syracuse, NY Tel 473 - 7523 Required liability and Workers' Compensation insurance carried by Owner 0 Contractors ® will be in force at all times throughout operations insurance on file or provided: ® i,inwity ® Workers Camp ® m5shility ❑ State Waiver attached for WC/01S. I am the owner or agent of the owner of the premises in the City of Ithaca, New York described in this application. I hereby apply for a permit to perform the work described in this application and on attached plans, specifications and other documents. I will comply with all provisions of applicable ordinances, codes and regulations in the performance of this work whether specified herein or not. Any amendment to this application, plans, specifications or other documents upon which this permit was issued will be flied with the Ithaca Building Department for approval before such changes arc made in the actual work, I hereby request that all work be inspected and approved by the appropriate inspectors. i certify that every person performing work on the per mittdd'p(oject'W1+ 1i :cOmn ly with all applicable codes, ordinances and regulations. By my my signature I certify I have read and understand the above paragraph. NOV p 6 2012 r��1:+ k3l.t fill / ` `'r `+t=`S -� Revised 3110111 k I ADZ r XiA71C L'r- be J41 j ;�r -e, 7,R PS November 6, 2012 Dear Mike, The enclosed is the Permit and supporting Documents for the Review Process for Bank of America's request to Install 2 Exterior Cameras on their Branch at The Commons. > Permit Application & Check > Certificate of Insurances > Pictures of Simulated Camera Installation and Sample Pictures of the Cameras > Pictures of existing items already Installed on the Exterior of the Building If you would, email me at!]]bowden@tvco.com letting me know you received this and it is being reviewed. Michael P. Bowden Tyco Integrated Security ��� 4�. . xWYJ 8.2A Authorization to Enter in a Memorandum of Understanding with Valentine Vision Associates concerning Improvements to the Intersection of East State /Martin Luther King Jr. Street with Mitchell Street — Resolution WHEREAS, the City has long sought to improve the safety and functionality of the intersection of East State /Martin Luther King Jr. Street with Mitchell Street, which sees a significant demand from pedestrians, automobiles, trucks, public safety vehicles and bicycles, due to its proximity to Collegetown and Cornell University, as well as the substantial residential neighborhood surrounding the intersection, and WHEREAS, the developers of the Collegetown Terrace Project, in site plan development, worked closely with City staff to produce plans that would not only accommodate city plans, but promoted those plans by providing the necessary easements and offered a cash contribution to help defray the cost of the completed project, and WHEREAS, City staff, with the help of the developer, and their respective attorneys, have developed a written agreement in the form of a Memorandum of Understanding, which outlines the understanding between the two parties, now therefore be it RESOLVED, That the Mayor is hereby authorized to sign the Memorandum of Understanding between Valentine Vision Associates and the City of Ithaca concerning improvements to the intersection of Mitchell Street and East State /Martin Luther King Jr. Street, following consultation with the City Attorney and the Superintendent of Public Works, and be it further RESOLVED, That the Board of Public Works wishes to thank City staff for their proactive planning efforts and Valentine Vision Associates for their generosity and long range view of their investment in our community. Page 5 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -6590 DEPARTMENT OF PUBLIC WORKS William J. Gray, P.E. Superintendent / City Engineer Telephone: 607/274 -6527 Fax: 607/274 -6587 MEMORANDUM TO: Board of Public Works FROM: William J. Gray, P.E., Former Superintendent of Public Works DATE: January 8, 2013 RE: Improvements to the Intersection of Mitchell and East State /Martin Luther King Jr. Street Proposed Agreement between the City and Valentine Vision Associates The purpose of this memo is to recommend the attached Memorandum of Understanding (MOU) between the City and Valentine Vision Associates. It is an integral part of the funded capital project for intersection improvements because it provides land and money needed to complete the project. We have been talking with the developers of the Collegetown Terrace Project for approximately four years in an effort to coordinate improvements the City wanted to make at the intersection of Mitchell Street with East State/Martin Luther King Jr. Streets, with the work the developer wanted to undertake adjacent to that intersection. Their concept for the housing project involved a major change to the buildings on the site, and presented the City an opportunity to make long sought intersection improvements. Public Works staff was made aware of the proposed project very early on a confidential basis. The developer's design team seemed as interested in meeting to talk about traffic and transportation issues as staff were. Traffic volume carried by streets in the City of Ithaca make East State Street, just east of the city center, the second busiest street in the city (AADT of 17,000 vehicles per day), behind Meadow Street at Six Mile Creek (AADT 30,000), and just ahead of Cliff Street (AADT 15,000). We had known for a long time that this would be an expensive project, requiring taking land from the property owners around the intersection and adding a reasonably sophisticated traffic signal which could respond to pedestrians, bicycles, cars, buses, fire and other emergency vehicles, in a busy intersection. Many sketches had been done over the last twenty years; many of those were updates of even older sketches for improvements. We were now talking to one owner who controlled the land on the south side of the intersection, which favored the approach of adding a lane to the south side of the intersection over other options such as a traffic circle which would involve several property owners and complex changes to the local topography. "An Equal Opportunity Employer with a commitment to workforce diversification." Board of Public Works Page 2 January 8, 2013 Very early in the discussions it became obvious that the development team understood the need to make the intersection responsive to all the demands, wanted to see the improvements done, and were willing to consider adjusting the site development plans to make the intersection modifications possible. Our pleasure in the positive approach changed to surprise when we realized that they were talking about making the land available at no cost and were proposing to participate in the cost of the improvements with a contribution of approximately $100,000 towards a project that had been guesstimated in early discussions to be approximately $500,000 to $600,000. If the donated land (by easement) was approximately $100,000 (10 ft. lane + 10 ft. of tree lawn and sidewalk x 300 ft. in length= 6,000 sq. ft. @ $20 per sq. ft. _ $120,000), the cash contribution would reduce the city's cost to $400,000. We knew that Cornell was developing a community initiative based on their campus master planning effort that recognized this intersection was in need of improvements and had budgeted a $200,000 contribution to that work. The City's net cost was now approaching $200,000 and staff started to believe we could actually sell this project to the City as a funded capital project. An updated estimate (without land costs) was developed and submitted in 2011 for the 2012 City budget. It was adopted as an approved capital project at a total cost of $450,000 and a net City cost of $150,000. See the attached copy of page 86 from the 2012 budget. We need a signed MOU to capture the agreement and allow us to proceed with the capital project. The Board of Public Works has authorized the intersection and signal design work with Creighton Manning Engineering, LLP by a resolution dated November 26, 2012. Staff is working with Cornell to get a written agreement for their contribution under the Community Transportation Initiative. We hope to put the traffic signal installation out to bid this spring, for installation this summer. The street improvements are part of the Department of Public Works work plan for the 2013 construction season, starting in the spring of 2013, as nature and asphalt availability allow. We recommend that the Board of Public Works authorize the Mayor to enter into the agreement with Valentine Vision Associates, as represented by the attached MOU. WJG/kdg Attachment Memorandum of Understanding Between Valentine Vision Associates, LLC and the City of Ithaca Concerning Improvements to the Intersection of Mitchell Street (NYS Route 366) and East State StreetlMartin Luther King Jr. Street (NYS Route 79) THIS AGREEMENT, made this day of , 2012, by and between the CITY of ITHACA, a New York municipal corporation, with offices at City Hall, 108 East Green Street, Ithaca, New York 14850 (hereinafter the "City") and VALENTINE VISION ASSOCIATES, LLC, a New York limited liability company, with offices at 1001 West Seneca Street, Ithaca, New York 14850 (hereafter "WA "), WITNESSETH THAT: WHEREAS, the parties have discussed for several years improvements to the intersection of Mitchell Street (NYS Route'.366) and East State Street/Martin Luther King Jr. Street (NYS Route 79) (the "Intersection ") immediately adjacent to the Collegetown Terrace Apartments with these discussions `taking place largely between John Novarr and the design team for Collegetown Terrace Apartments (the "Apartment Complex "), consisting originally of Trowbridge and Wolf as well as T.G. Miller, representing WA and its predecessor, Collegetown Terrace Apartments, LLC, and William J. Gray, Superintendent of Public Works ' for the City of Ithaca together with the City's Engineering staff representing the City; and WHEREAS, the City seeks an opportunity to make improvements to the operation of the Intersection", In order to improve its functional capacity and the operational safety of users of that Intersection, and WA is interested in the safety and convenience of the residents of the Apartment Complex constructed and to be constructed on the property owned by WA (the "WA Property") as such residents might use the Intersection, as well as improving the traffic flow in the neighborhood in general; and WHEREAS, the City recognizes in the complete reconstruction of all buildings on the south side of the Intersection an opportunity for the addition of a third lane in or near the Intersection providing a dedicated turning lane; and WHEREAS, the City has contemplated numerous designs to improve the operation of the Intersection over roughly the last twenty years and is concerned thal the current level of service of the Intersection had deteriorated significantly due the overall increase of traffic in the County generally and on Routes 79 and 366 specifically; and WHEREAS, the City was considering signalization of the Intersection as well as making physical changes to the Intersection which would require taking property from adjacent property owners in order to make necessary improvements to allow and enhance the proper operation of the Intersection; and WHEREAS, both parties recognize that improvements to the drainage in the area of the Intersection would potentially impact the Apartment Complex due to the fact that most drainage in the area flows down through the WA Property on its way to Six Mile Creek; and WHEREAS, the City, in preparation for undertaking the work to improve the Intersection and the drainage in the area, has submitted a project for inclusion in, and which was adopted as part of (See pg.88) the 2012 City budget in the amount of $450,000 (the "Project Cost ") made up of three (3) components: professional services for design and testing of approximately $52,000; construction and contingencies in the amount of $363,000, and in -house services for the Ctty of approximately $35,000, such Project Cost to be funded from three (3) sources with $200,000 from Cornell's Community Transportation Initiative ( "CCTI "), $100,000 from VVA and $150,000 from the City, NOW, THEREFORE, in consideration of the above perceived benefits, and other good and valuable consideration, the receipt -and legal sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. WA shall grant and convey .,to the City` ,(a) an easement (the "Roadway Easement ") on, over, across and through a portion of the WA Property (the "Roadway Easement Area ") along the south side.ofi East State Street running from approximately Eddy Street <,on the west to a point in the south curve of East State Streat approximately 150., feet east' of. the easternmost edge of the Mitchell /State. Street intersection' ,wide enough to accommodate the street expansion in that area allowing for a" Jeft turning lane (east bound) on East State Street and in order to accommodate th- tree lawn and sidewalk relocation in that area running from approximately.statior ,3 +00 to 9 +050 along the east curb using stationing from the layout drawings for the Collegetown Terrace Apartments 'Project prepared by T.O. Miller, P.C. (the "Miller Drawings" attached) with the Roadway Easement Area to..be the width as shown on the Miller Drawings; and (b) an easement (the "Sidewalk Easement ") on, over, across and through portions of the WA Property (the "Sidewalk Easement Area ") within which new sidewalks six feet (6')`'in width are to be constructed by WA (as set forth below) along the east side of South Quarry Street, the south side of East State Street, and the west side of Valentine Place, such Sidewalk Easement Area to extend into the WA Property one (1) foot beyond such sidewalks as shown on the Miller Drawings, such sidewalks intended to be for the use and benefit of the residents of the Apartment Complex and their invitees, as well as for the use and benefit of the public generally. (The Roadway Easement and the Sidewalk Easement shall collectively be referred to as the "Easements "). 2. (a) The City will undertake widening of East State Street (Route 79) and making the improvements to the Intersection with the intention that WA will be able to create a finished appearance and occupancy of buildings in the Apartment Complex scheduled to become available as follows: 703 -715 East State Street 4 and 905 -915 East State Street, August 2012, 801 East State Street, August 2013 as shown on the attached map, and the City is required to provide a safe and situation - appropriate passage of traffic on East State Street, whether pedestrian, bicyclist or motorist. (b) WA will undertake the relocation of curbing, installation of new curbing and sidewalks, and installing planting and landscaping within the tree -lawn area between the sidewalks and the curbing, such work to be completed by August 1, 2013. 3. Both parties recognize that the staging of the construction will require cooperation and coordination along the south curb line of East State Street in order to avoid duplicating work or damaging finished work either in the street right of way or on the adjacent private property while still allowing full utilization of the street in a safe and acceptable manner. Both parties agree to make best efforts at such cooperation and coordination. 4. Both parties recognize that special "attention will be required to produce a safe condition for occupancy of the next, phase of the Apartment Complex being 801- 809 East State Street/106 Valentine` Place by not later than August 1, 2013. 5. While both parties intend to achieve timely pompletion of their respective projects as outlined above, both `recognize that construction is inherently difficult and prone to delay due to materials, financing and emergency operations in other areas owned by the parties requ'ir'ing a reasonable level of cooperation and coordination which could extend into 2014 based oh -- unforeseen circumstances. 6. WA reserves the right :to recover jhe Roadway, Easement Area encumbered by the aforementioned Roadway Easement and the City agrees to abandon the Roadway Easement Area and allowF`the reversion of the land to WA if (a) if in the sole judgment of the City's Board , ©f Public Works, the City no longer needs the property for the aforementioned transportation purposes, or (b) the City knowingly and repeatedly fails to maintain the Roadway Easement Area in a safe condition consistent with the public use thereof for transportation. 7. The improvements to be constructed on East State Street including that area of the Easements to bei granted by WA to the City shall consist of the following items as assigned to the below- designated party responsible for each:: a. Pavement lane widths - City b. Tree lawn area - WA C. Sidewalks - WA d. Plantings - WA e. Traffic signal - City f. Street lighting — City g. Bus shelter, if so selected by the City - City h. Curbs — WA 3 8. It is agreed that City shall maintain the pavement of East State Street during the construction period and thereafter, including the Roadway Easement Area to the extent paved, in a manner consistent with City -wide maintenance of City streets and WA shall maintain the tree lawn area and the sidewalks within the Sidewalk Easement Area on the WA Property in a manner consistent with the obligations imposed on property owners by the City Code and other applicable law.. 9. The parties agree that it is in their mutual interests to avoid misunderstandings or failures of communication regarding compliance with the terms of this Agreement. If one party believes that there is a substantive disagreement or difference of opinion or interpretation, or potential substantive disagreement or difference (the "Matter') that is not being addressed or resolved through the normal channels of communication between the parties, then that party agrees to send a written notice (if to the City, to the Office of the Superintendent of Public Works; if to WA, to the Office of John Novarr), outlining the nature of the Matter and certifying that the party believes it to be substantive and within the terms of this Agreement. In the event that said disagreement pertains to a minor or operation - related aspect of this Agreement, the parties agree to use the dispute resolution procedure described hereafter. If the disagreement instead concerns an essential term or condition of the parties' Agreement (such as the obligation to reconstruct the Intersection, Widen East State Street, or maintain the right of way in safe condition), either party may elect td-waive the arbitration procedure described below at any time and to.. bring an `action in a court of law with appropriate jurisdiction. Unless so waived, th",arbitration procedure shall proceed as follows. ,Within 45 "clays of the ' submission of the aforementioned notice of disagreement; the parties' representatives shall meet to discuss the Matter together and make a good faith effort to resolve. it, or if the Matter is such that it cannot be `resolved by one meeting, then the parties agree to meet again in a timely fashion, but not more than 45 "days later, at least one additional time to try to resolve it. If either party is not satisfied with the outcome of such efforts, then after not less thane 150 days, but not more than 240 days, the party may apply for resolution. of the Matter to the American Arbitration Association ( "AAA ") by a single arbitrator. Each party shall bear the costs of its own representation but the party that loses the arbitration shall bear the cost of the AAA fees and expenses. The parties hereby agree that, during the pendency of any attempted discussion or arbitration of any such disagreement, they will each refrain from commencing or continuing to effect any physical change that would adversely affect the operation of the Intersection as noted in this Agreement, and that in the event of either party's alleged failure to so refrain, nothing herein shall be construed to prohibit either party from seeking temporary or injunctive relief as necessary from a court of competent jurisdiction. 10. WA agrees to pay to the City the sum of $100;000.00 as set forth above within 60 days after substantial completion of all of the improvements for which the City is responsible as listed in paragraph 7 above. 4 11. The City takes on full responsibility for the street and right of way under normal conditions for any City street, and WA assumes and does not hereby disclaim or reduce responsibility for its property as a property owner under the normal terms and conditions of the City Code, or as otherwise determined by law. Notwithstanding any other provision of this Agreement, and subject only to reversion in accordance with the terms of paragraph 6 hereof, the City maintains exclusive ownership and control of the Intersection and all other property rights and municipal rights (whether created by this Agreement or otherwise) that the City would possess absent WA's financial contribution required by this Agreement. Said exclusive ownership and control shall include the City's retention, without limitation, of all rights to reconstruct, deconstruct, destroy, or otherwise alter in any legal manner, the Intersection and other improvements contemplated by this Agreement notwithstanding WA's financial contribution to the same. 12. Mutual Indemnification: (a) Except as otherwise provided for herein, the City agrees to indemnify, defend and hold WA harmless, with respect to any claims, actions or lawsuits made or brought (including WA's or its insurer's reasonable defense costs related thereto), or any judgments or damages awarded (a "claim ", or collectively, the "claims ") against WA for `liability for negligence of the City, its employees, or agents, during the time the`-:City performs the work on East State Street, the Roadway Easement Area and at. the Intersection as contemplated herein, provided. that timely.notice of any'such claim; reasonable opportunity for the City to control the defense against the claim, and the cooperation of WA in such defense, are ,given. Such indemnification and hold harmless shall not affect WA's liability for any negligence on its part with regard to the maintenance of the sidewalk and tree lawn area referred to above. (b) WA agrees to indemnify, defend and hold the City harmless, with respect to any claims, actions or lawsuits made or brought (including the City's or its insurer's reasonable defense costs related thereto), or any judgments or damages awarded (a "claim ", or collectively, the "claims ") against the City for liability for negligence of WA, its employees or agents, during the time WA performs the curb relocation and sidewalk installation work and the landscaping work on East State Street and the Sidewalk Easement Area as contemplated herein, provided that timely notice of any such claim, reasonable opportunity for WA to control the defense against the claim, and the cooperation of the City in such defense, are given. Such indemnification and hold harmless shall not affect the City's liability for any negligence on its part with regard to the maintenance of East State Street including the Roadway Easement Area, and the Intersection. 13. This Agreement may be filed with the Tompkins County Clerk by either party. 5 14. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and /or assigns. This Agreement may only be modified or amended in a written instrument duly executed by both parties. 15. If any provision or part of a provision contained in this Agreement is found to be illegal or unenforceable or void or contrary to public policy, the parties agree to sever the illegal or unenforceable or void or contrary to public policy portion and amend the Agreement to preserve the meaning and intent of the Agreement in harmony with the balance of the Agreement, without materially changing the substantive (including financial) obligations and rights of, or exchange of consideration by, either party, without its express written consent. Notwithstanding the foregoing provisions of this paragraph, the parties agree individually and collectively to defend vigorously this Agreement and the actions authorizing their respective executions of it, against stilts, proceedings (including under Article 78 of the NY Civil Procedure Law and Rules), or other challenges. 16. This Agreement constitutes the entire Agreement as represented by this document and the following listed attachments and supersedes any other communications, agreements or negotiations with respect to the subject matter hereof: a. WHEREAS 7: Page 8$, City of,lthaca 2012 Adopted Budget b. Paragraph 1: T.G. Miller:Record Drawings of the layout c. Paragraph 2(a): Work phasing and completion plan IN WITNESS WHEREOF, this Agreement has been signed by the respective parties the day and year indicated below: VALENTINE VISION ASSOCIATES, LLC By- John Novarr Manager CITY OF ITHACA By: Svante L. Myrick Mayor Date: Date: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) On this day of , 2012, 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 whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) COUNTY OF TOMPKINS ) On this day of , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN NOVARR, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. NOTARY PUBLIC 7 CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850 -5690 OFFICE OF THE CTIY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 To: Board of Public Works From: Tim Logue, Transportation Engineer Date: January 9, 2013 Re: Drawings for East State/ MLK Jr Street and Mitchell Street Traffic Signal and Street Widening Please find enclosed four alternative drawings (labeled in the bottom right hand corner as 1.A,1.B, 2.A and 2.B) for the project to install a traffic signal at the East State /MLK Jr. Street and Mitchell Street intersection and to widen a portion of East State /MLK Jr. Street from approximately Eddy Street to Mitchell Street. Also enclosed are a memo from the consultant and some guidance from the Manual on Uniform Traffic Control Devices in regard to interim and experimental approvals. The agenda item on Monday is to present the alternatives and to get a first round of feedback from the Board. There will also be a public meeting on Tuesday, January 151h from 5pm to 6pm in the second floor conference room of City Hall. We will take written comments about the project until Friday, January 181h for those not able to make the meeting or for those who would like to submit written comments after the public meeting. Our intention is to then have the project on your agenda for the January 28th meeting in order to select an alternative to progress into final design. We will be asking for a final design approval at your second meeting in February. Our schedule is very tight in order to finish construction documents in late February, early March in order to bid the signal work for construction later in the year (there is a long lead time on traffic signal pole and mast arm fabrication). If you have any questions about the project at anytime, please feel free to contact me at 274 -6535 or timlo@cityofithaca.org. An Equal Opportunity Employer with ,r commitment to Nvorklorce diversification." to ,� Creighton MEMORANDUM a%,annincr Date: January 9, 2013 ENGINEERS PLANNERS To: Tim Logue - City of Ithaca SURVEYORS From: Ken Wersted, P.E. cc: Frank Santelli, P.E. - TG Miller Re: Conceptual Improvement Alternatives E. State Street /Mitchell Street, CM Project 112 -203 The enclosed concepts were developed by Creighton Manning (CM) and TG Miller (TGM) after conducting a field visit, traffic counts, preliminary intersection operation analyses, and in consultation with the City of Ithaca, Department of Engineering. These concepts build off the proposed mitigation approved as part of the Collegetown Terrace project, which is currently under construction. These concepts are submitted for the City's review and selection of the preferred alternative to progress to detailed design and construction. The following includes a brief discussion of each alternative: Concept 1.A - This concept includes a typical span wire system with poles on the northeast corner and the southwest side of the intersection. The Mettler property (904 E. State St) on the northeast corner actually extends out into the roadway, common in urban areas, putting the pavement, sidewalk, and the proposed signal poles on private property. It is recommended that the City work with the landowner to adjust the ROW line to include the city infrastructure within the ROW. Similarly, the pedestrian pole on the northwest corner is located at the back of sidewalk. This may also be on private property (Te Chao Echo Cheng Trust, 812 E. State St), for which a taking or permanent easement may be needed. We investigated the potential to locate the pedestrian pole between the curb and the sidewalk to avoid ROW impacts. However, at just 2.5 feet wide, underground utility conflicts with the concrete curb may exist within this area. Signal heads for the right turn movement from Mitchell Street to E. State Street, would be controlled by two post- mounted signal heads located on the pedestrian poles on the island and north side of the intersection. With a 40 -foot minimum setback from the signal head to the stop bar, drivers will have to stop near the Blair Street intersection, nearly 60 feet away from where the movement actually intersects with E. State Street. Furthermore, due to the alignment of the right turn lane, the right turn signal heads will be less visible when approaching the signal on Mitchell Street. This concept also illustrates the use of a "bike box"" on the eastbound approach to the intersection. A bike box allows cyclists to pull up in front of traffic (while stopped at a red light) and then to proceed with a left turn upon a green light to continue north on Mitchell Street. While under a green light, an arriving cyclist will either need to merge with traffic to make a left turn from the left lane, or stop at the end of the bike lane and wait for a red before moving into the bike box. To emphasize the accommodation, a green colored surface treatment may be applied to the arriving and departing bike lane and the bike box to provide continuity and consistent guidance to bicyclists.2 1 Bike Box's are an FHWA experimental treatment. FHWA permission and additional conditions are associated with this treatment. See NMUTCD Section 1A.10, paragraphs 08 through 12. Z Green colored pavement has interim approval by FHWA. Use of this treatment requires permission from FHWA according to the provisions of NMUTCD Section 1A.10, paragraphs 14 through 22. 2 Winners Circle Page 1 of 2 518.446.0396 Albany, NY 12205 www.cmellp.com MEMORANDUM 9AW, A:7* Creighton Manning Concept 1.B - This concept utilizes a dual mast arm traffic signal to provide control over each of the traffic movements. A pedestrian signal pole would be located on the northeast corner (Mettler property) and on the north side of the Mitchell Street right turn lane ( Cheng Trust property) carrying the similar ROW issues. Just as the span wire concept, traffic in the Mitchell Street right turn lane would have to stop unusually far from the intersection due to a minimum 40 -foot offset. However, the signal heads for this movement would be located more inline with the approach and more upstream visibility would be provided. Errant vehicles traveling down Mitchell Street was raised as a concern, therefore the mast arm pole was located on the south side of the island to help protect it from crashes. This concept introduces the bike lane "jug handle" to accommodate cyclist crossing E. State Street. The eastbound bike lane would be carried into the intersection where it would ramp into the maintenance strip on the far side of the intersection. A bicyclist would then stop, press a bicycle pushbutton, and then cross E. State Street with the corresponding pedestrian phase. Experienced bicyclists (Class A) who are confident traveling in traffic may merge and complete a left turn just as a car would. However, the jug handle better accommodates the casual rider (Class B) who is less confident riding in traffic. San Francisco -CA Concept 2.A - By removing the island and locating the Mitchell Street right turn lane adjacent to the left lane, the curb on the northwest side of the intersection can be extended south, creating additional room between the Cheng Trust property. This will provide room for a span wire pole and pedestrian pole within the ROW. Minimum clearances to the overhead high voltage lines on this corner is a concern with this option, but may be satisfied by raising the overhead utilities. A pedestrian pole would still be located on the Mettler corner, as such ROW acquisition or an easement is recommended. With the removal of the island, a longer crossing distance and crossing phase will be required to accommodate pedestrians. Concept 2.B I- This concept utilizes two mast arms to control traffic. The first extends out from the south side of the intersection to cover the east and westbound approaches. The second mast arm serves to control the southbound Mitchell Street movements. A pedestrian pole would still be located on the Mettler corner, as such ROW acquisition or an easement is recommended. Longer crossing distances and phases will be required to accommodate pedestrians. No overhead utility conflicts are anticipated with this option. Summary Concept 1.A /B includes a shorter pedestrian crossing distance to /from the northwest corner, but would require a pedestrian to cross the right turn lane as well. To signalize the right turn lane, post mounted signals are needed in Concept A, which provide limited visibility to drivers approaching from Mitchell Street. This is improved with Concept B, however, alternatives require drivers on the heavy right turn movement to stop unusually far from the actual intersection. Concept 2.A /B provides more traditional intersection geometry familiar to most drivers. The span wire concept (2.A) provides a simple design with improved head alignment, but may require overhead utility improvements to meet the necessary high voltage clearances. Concept 2.B relieves this clearance concern by using mast arm poles on the south side of the intersection. Both options will result in longer pedestrian crossing distances. All concepts will require ROW acquisition or an easement on the Mettler property, and assume that ROW or an easement will be provided by Collegetown Terrace for the roadway widening and signal infrastructure. The signal concepts may require modifications to the Collegetown Terrace landscaping plan. The "bike box" and "jug handle" options can be incorporated with any of the geometric and signal concepts. Underground or other utility conflicts may require modifications to these concepts. 2 Winners Circle Page 2 of 2 518.446.0396 Albany, NY 12205 www.cmelip.com ITHACA MUTCD Guidance Colored Pavements Interim approval' has been granted by the FHWA for the use of green pavement markings for bike lanes. Requests to use green colored pavement needs to comply with the provisions of Paragraphs 14 through 22 of Section 1A.10 of the NMUTCD. Support: 14 Interim approval allows interim use, pending official rulemaking, of a new traffic control device, a revision to the application or manner of use of an existing traffic control device, or a provision not specifically described in this Manual. The FHWA issues an Interim Approval by official memorandum signed by the Associate Administrator for Operations and posts this memorandum on the MUTCD website. the issuance by FHWA of an interim approval will typically result in the traffic control device or application being placed into the next scheduled rulemaking process for revisions to this Manual. 15 Interim approval is considered based on the results of successful experimentation, results of analytical or laboratory studies, and /or review of non -U.S. experience with a traffic control device or application. Interim approval considerations include an assessment of relative risks, benefits, costs, impacts, and other factors. 16 Interim approval allows for optional use of a traffic control device or application and does not create a new mandate or recommendation for use. Interim approval includes conditions that jurisdictions agree to comply with in order to use the traffic control device or application until an official rulemaking action has occurred. Standard: 17 A jurisdiction, toll facility operator, or owner of a private road open to public travel that desires to use a traffic control device for which FHWA has issued an interim approval shall request permission from FHWA. Guidance: 1a The request for permission to place a traffic control device under an interim approval should contain the following: A. A description of where the device will be used, such as a list of specific locations or highway segments or types of situations, or a statement of the intent to use the device jurisdiction -wide; B. An agreement to abide by the specific conditions for use of the device as contained in the FHWA's interim approval document, C. An agreement to maintain and continually update a list of locations where the device has been installed, and D. An agreement to: 1. Restore the sites) of the interim approval to a condition that complies with the provisions in this Manual within 3 months following the issuance of a final rule on this traffic control device; and 2. Terminate use of the device or application installed under the interim approval at any time that it determines significant safety concerns are directly or indirectly attributable to the device or application. The FHWA's Office of Transportation Operations has the right to terminate the interim approval at any time if there is an indication of safety concerns. Guidance: 20 A local jurisdiction, toll facility operator, or owner of a private road open to public travel using a traffic control device or application under an interim approval that was granted by FHWA either directly or on a statewide basis based on the State's request should inform the State of the locations of such use. http:// www. fhwa.dot.gov /environment/bicvde Dedestrian/guidance /design guidance /mutcd bike.cfm 21 A local jurisdiction, toll facility operator, or owner of a private road open to public travel that is requesting permission to experiment or permission to use a device or application under an interim approval should first check for any State laws and /or directives covering the application of the MUTCD provisions that might exist in their State. Option: 22 A device or application installed under an interim approval may remain in place, under the conditions established in the interim approval, until an official rulemaking action has occurred. Bike Box Bike boxes are currently "experimental." Requests to use bike boxes needs to comply with the provisions of Paragraphs 14 through 22 of Section 1A.10 of the NMUTCD. Support: oa Requests to experiment include consideration of field deployment for the purpose of testing or evaluating a new traffic control device, its application or manner of use, or a provision not specifically described in this Manual. ogA request for permission to experiment will be considered only when submitted by the public agency or toll facility operator responsible for the operation of the road or street on which the experiment is to take place. For a private road open to public travel, the request will be considered only if it is submitted by the private owner or private official having jurisdiction. lo diagram indicating the process for experimenting with traffic control devices is shown in Figure 1A -1. Figure IA -7, Process for Requesting and Conducting Experbmsntatlans for New Traffic Control Devices in i a�Faabxa� �ri&&.tPo�. 2.L}y� !L1ip�n+�Di1 { ?fStY}4ypr�i4tl r]gv➢FN •_•�sc y/ �a,?r�'� +??Man A( prraiE�s Psi � Guidance: 11 The request for permission to experiment should contain the following: A. A statement indicating the nature of the problem. B. A description of the proposed change to the traffic control device or application of the traffic control device, how it was developed, the manner in which it deviates from the standard, and how it is expected to be an improvement over existing standards. C. Any illustration that would be helpful to understand the traffic control device or use of the traffic control device. D. Any supporting data explaining how the traffic control device was developed, if it has been tried, in what ways it was found to be adequate or inadequate, and how this choice of device or application was derived. E. A legally binding statement certifying that the concept of the traffic control device is not protected by a patent or copyright. (An example of a traffic control device concept would be countdown pedestrian signals in general. Ordinarily an entire general concept would not be patented or copyrighted, but if it were it would not be acceptable for experimentation unless the patent or copyright owner signs a waiver of rights acceptable to the FHWA. An example of a patented or copyrighted specific device within the general concept of countdown pedestrian signals would be a manufacturer's design for its specific brand of countdown signal, including the design details of the housing or electronics that are unique to that manufacturer's product As long as the general concept is not patented or copyrighted, it is acceptable for experimentation to incorporate the use of one or more patented devices of one or several manufacturers.) F. The time period and location(s) of the experiment. G. A detailed research or evaluation plan that must provide for close monitoring of the experimentation, especially in the early stages of its field implementation. The evaluation plan should include before and after studies as well as quantitative data describing the performance of the experimental device. H. An agreement to restore the site of the experiment to a condition that complies with the provisions of this Manual within 3 months following the end of the time period of the experiment. This agreement must also provide that the agency sponsoring the experimentation will terminate the experimentation at any time that it determines significant safety concerns are directly or indirectly attributable to the experimentation. The FHWA's Office of Transportation Operations has the right to terminate approval of the experimentation at any time if there is an indication of safety concerns. If, as a result of the experimentation, a request is made that this Manual be changed to include the device or application being experimented with, the device or application will be permitted to remain in place until an official rulemaking action has occun-ed. 1. An agreement to provide semi - annual progress reports for the duration of the experimentation, and an agreement to provide a copy of the final results of the experimentation to the FHWA's Office of Transportation Operations within 3 months following completion of the experimentation. The FHWA's Office of Transportation Operations has the right to terminate approval of the experimentation if reports are not provided in accordance with this schedule. FAProjects1201 211 12-203 Ithaca SignaI\documents\MUTCD_V & T Guidance.doc LA ROW ENCROACHMENT II � FENE�DED It h EAST STATE STREET I , INS 20 0 20 40 60 80' V. = 40' PEDESTRIAN & VEHICLE SIGNAL HEADS I I WIDEN ROADWAY BY 9 FEET 5►► OE OT- ROW ENCROACHMENT FEE OR P.E. NEEDED r APPHOXI�fATE - OT ' B SPAN WIRE SIGNAL TL- BIKE BOX ALLOWS BIKES TO LEAD CARS ON GREEN .:1, Im C,- J r, m1 STREET A PROJECT: 112 -203 .�� Cre ighton Manning � T.G�. DATE: 119/13 ....» FIGURE: 1.A EAST STATE ST /MITCHELL ST CONCEPTUAL IMPROVEMENTS .I, a g 0 N H N U m �O a xi 0 ROW ENCROACHMENT II � FENE�DED EAST STATE STREET FxiSTING CURB rill 20 0 20 40 60 BO' 1" = 40' PEDESTRIAN SIGNAL HEADS WIDEN ROADWAY BY 9 FEET 1 OE p N OT OT DUAL MAST ARM SIGNAL BICYCLE "JUG HANDLE" '�r , ROW ENCROACHMENT FEE OR P.E. NEEDED 0 U O N N s w m .o z D ISLAND REMOVED II AND CADDEDSPACE PEDESTRIAN SIGNAL HEADS LJ II EAST STATE STREET EXISTING CURB_ WIDEN ROADWAY BY 9 FEET 20 0 20 40 60 60' 1" = 40' OE OT o - APPROJ�I�f�TE OT IG� SPAN WIRE SIGNAL BIKE BOX ALLOWS BIKES TO LEAD CARS ON GREEN ! ROW ENCROACHMENT FEE OR P.E. NEEDED ��� '-' D ZZ/ �18-11 STREET A T G PROJECT. 112 -203 .�� Creighton DATE: 119113 Monrnng T.C. NII LRR, P.C. =."FBF FIGURE: 2A EAST STATE ST /MITCHELL ST CONCEPTUAL IMPROVEMENTS s 0 L t N m N 'Q LL u EAST STATE STREET FmmmG CURB L 20 0 20 40 60 BO' V = 40' ISLAND REMOVED AND GREEN SPACE ADDED PEDESTRIAN SIGNAL HEADS o c WIDEN ROADWAY BY 9 FEET m OE a_ OT 2 MAST ARM SIGNALS BICYCLE "JUG HANDLE" OT I I I I� I I I 1 I I L i= ROW ENCROACHMENT FEE OR P.E. NEEDED zz� ml STREET A T PROJECT: 112 -203 Creighton T.Q.G. DATE: 119113 Manning FIGURE: 23 EAST STATE ST /MITCHELL ST CONCEPTUAL IMPROVEMENTS 8.213 Resolution to direct sidewalk, driveway, and curb construction along the 100 and 200 block of Elmira Road, also known as Old Elmira Road WHEREAS, Common Council has authorized a "Complete Streets" project to rebuild the 100 and 200 blocks of Elmira Road (Old Elmira Road), including a project agreement with the New York State Department of Transportation for $682,500 from the NYS Multi -Modal Funding program, and WHEREAS, this project includes the construction of new sidewalks, driveways, and curbing along the majority of Old Elmira Road, in addition to numerous other improvements, and WHEREAS, the Board of Public Works has been presented with a preliminary plan and cost estimates for the required sidewalk, driveway, and curb construction, and WHEREAS, on December 10, 2012, the Board held a duly advertised public hearing in accordance with Sections C -73 and C -89 of the City Charter, and WHEREAS, the costs of sidewalk, driveway and curbing construction are assessable to adjacent property owners in accordance with Section C -73 and C -89 of the City Charter, and WHEREAS, the Engineering Office has scheduled a public meeting for January 31, 2013, at the Tompkins County Library, from 4:30 to 5:30 pm to discuss the preliminary design of the street, and WHEREAS, the Board of Public Works will approve the final plans for the project before construction, now therefore be it RESOLVED, That the Board of Public Works hereby approves and adopts the preliminary plan prepared by the Office of the City Engineer and the standard specifications for the sidewalk, driveway and curb construction, and be it further RESOLVED, That the Board of Public Works directs that said sidewalks, driveways, and curbing be constructed by City forces and/or by contract along Old Elmira Road in accordance with Sections C -73 and C -89 of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works. Page 6 Page 1 of 1 Kathrin Gehring - Re: Fwd: Account # 00005923 From: Dan Spencer To: Gehring, Kathrin Date: 1/2/2013 9:15 AM Subject: Re: Fwd: Account # 00005923 Hi Kathy, This violation is for 113 Hyers St. Work order number 7766. The collection day for this street is on Thursday. We were off on 11/22/12 for Thanksgiving. We were one day late so this stop had a green warning sticker placed on it on Friday 11/23/12. There were two paper bags full of recycling sitting by the curb next to the driveway cut. The green warning sticker was placed right on the top of one of the bags. When I checked on the stop and collected it on Saturday 11/24/12 the bags were still in the same spot and the green warning stickers was still in place with the two boxes checked. One for recycling and the other box checked for not a recycling collection week. This is the same sticker we have always used that says if the trash or recycling is not removed from the curb within 24 hours the City will remove it and they will be charged the $20.00 fee. That is what was done. I can drop off a copy of the mail that I found in the recycling if that is something you might want. Dan Spencer Dan Spencer (Working Supervisor) City of Ithaca City Trash and Yard Waste Collection Trash -- 607 - 272 -1718 Recycle -- 607- 273 -6632 >>> Kathrin Gehring 1/2/2013 8:58 AM >>> Hi Dan, Would you please provide some background for this ticket? I don't think ignorance is a good enough excuse, but we'll let the board figure this one out. Thanks, - KA14 >>> Kara Timmins <apothekara115 @gmail.com> 12/29/2012 10:29 PM >>> Kara Timmins 113 Hyers St. Ithaca 14850 Account # 0005923 On 11/23/12 I was given a ticket for not a recycling collection week and charged $20.00. i am pleading the 5th as i did not realize it was an every other week occurrence for residential being new to Ithaca! Please forgive the fee and I think it is a bit much for getting the week wrong. Believe me it will not happen again. Sincerely, Kara Timmins fileWCADocuments and SettingslkgehringlLocal Settings \Temp\XPgrpwise\50E3FABCcoi... 1/8/2013 Water Bill Analysis William Shaw Acct. #: 111 E. Seneca St. Meter Size: Min. Consumption *: 4414724000 Small 12 Meter Reading Date Consumption* Billing Date Water Bill Total Bill Notes 213/2012 4 2/17/2012 $ 54.00 $ 114.72 _ 5/3/2012 4 5/18/2012 54.00 114.72 _ 8/2/2012 7 8/20/2012 54.00 114.72 11/5/2012 172 11/20/2012 774.00 1,644.32 Leak Letter 9/18/12 *Consumption is in 100 cubic feet (i.e. 57 = 5,700 cubic feet of water consumed) kill] 180 160 a� w 140 v 120 0 100 T �. 80 2 60 E 40 20 0 Water Consumption for 111 E. Seneca St. \tio ~� tiRkP tioy� \tio�� \tio~ tio1ry tioy� \tio1� ti5331* JABill Gray \Bill's Correspondence \Complaint Responses \Water Protests - bill analyses111 E Seneca St 1/9/2013 December 10, 2012 By Hand Ms. Debra Parsons, City Chamberlain 108 East Green Street I" Fl, City Hall Ithaca, NY 14850 Rc: Water Charges for 111 East Seneca Street; 41h Quarter Account No.: 4414724000 Dear Debra: PARALEGALS BONNIE M. CADY AMY B. JACKSON PATRICIA K. SMITH SARA E. KARLSON LEGAL ASSISTANT KATHARINE L. TREGURTHA I am writing to address the water /sewer invoice dated November 20, 2012, for 111 East Seneca Street. My wife and I have owned this building for 20 years. Our current tenants are Planned Parenthood of the Southern Finger Lakes, a not for profit community service organization who have been there serving area young people for over three years. The invoice totals $1,644.32, a shocking figure, in contrast with our past quarterly bills which averaged Ca;$ 110.00. We appreciated that the City notified us of a potential concern. We immediately called our plumber, Dave Warden, a former member of the Board of Public Works. I have enclosed a repair bill and written statement from Dave so you can verify that repair was taken, and the nature of the leak; a broken pipe valve in the basement. We had the repair done immediately after discovering the leak. The leak sprayed potable water on a dirt floor and the water was absorbed into the water table, not the sewer system. Our dirt floor at this address is about 4 -5 feet below ground level and street level. Thus no sewer treatment was required or done. On behalf of the tenant, who is responsible under the lease for these utilities, we ask that you and the Board waive the sewer charge by $809.32, thus reducing it to the average number of units (400) and the average cost for the prior three quarters of use ($61.00). The rationale is that the City did not have any costs for the treatment of that unusual excess amount of water. We further request a waiver of $720.00 from the water consumption portion of the bill to reflect the equity appropriate for this mishap and impose a revised bill for water of $54.00. The leak was not noticed by the tenant, since the water spray occurred in an unoccupied, and closed, basement portion of the building. The tenant probably never could have heard the noise, and as landlord, we do not inspect the basement on a regular basis. We have not experienced any SHAW & MURPHY,PLLC WILLIAM R. SHAW LIAM G. B. MURPHY THE FRONTENAC BUILDING 170 MAIN STREET 109 EAST SENECA STREET GROTON, NEW YORK 13073 ASSOCIATE DEBORAH WOLF MILLER ITHACA. NEW YORK 14850 VOICE: (607) 273.2900 VOICE: (607) 898 -3190 FAx: (607) 273.2933 FAX: (607) 898 -3765 LAW CLERK KEVIN M. FRANK WWW.SHAWLAWFIRM.COM (SERVICE BY f°AX IS NOT ACCEprcD) REPLY TO: X 1r14ACA OFFICE _ GROTON OFFICE December 10, 2012 By Hand Ms. Debra Parsons, City Chamberlain 108 East Green Street I" Fl, City Hall Ithaca, NY 14850 Rc: Water Charges for 111 East Seneca Street; 41h Quarter Account No.: 4414724000 Dear Debra: PARALEGALS BONNIE M. CADY AMY B. JACKSON PATRICIA K. SMITH SARA E. KARLSON LEGAL ASSISTANT KATHARINE L. TREGURTHA I am writing to address the water /sewer invoice dated November 20, 2012, for 111 East Seneca Street. My wife and I have owned this building for 20 years. Our current tenants are Planned Parenthood of the Southern Finger Lakes, a not for profit community service organization who have been there serving area young people for over three years. The invoice totals $1,644.32, a shocking figure, in contrast with our past quarterly bills which averaged Ca;$ 110.00. We appreciated that the City notified us of a potential concern. We immediately called our plumber, Dave Warden, a former member of the Board of Public Works. I have enclosed a repair bill and written statement from Dave so you can verify that repair was taken, and the nature of the leak; a broken pipe valve in the basement. We had the repair done immediately after discovering the leak. The leak sprayed potable water on a dirt floor and the water was absorbed into the water table, not the sewer system. Our dirt floor at this address is about 4 -5 feet below ground level and street level. Thus no sewer treatment was required or done. On behalf of the tenant, who is responsible under the lease for these utilities, we ask that you and the Board waive the sewer charge by $809.32, thus reducing it to the average number of units (400) and the average cost for the prior three quarters of use ($61.00). The rationale is that the City did not have any costs for the treatment of that unusual excess amount of water. We further request a waiver of $720.00 from the water consumption portion of the bill to reflect the equity appropriate for this mishap and impose a revised bill for water of $54.00. The leak was not noticed by the tenant, since the water spray occurred in an unoccupied, and closed, basement portion of the building. The tenant probably never could have heard the noise, and as landlord, we do not inspect the basement on a regular basis. We have not experienced any Page 2 of 2 similar problems in the past. The savings would benefit the community services provided by our tenant. We are submitting herewith a good faith, partial payment of $110.00 that reflects the average of our past quarterly invoices. We would pay the balance, if any, after consideration by you and the Board. We would welcome the opportunity to appear and respond to questions or concerns at any meeting of the Board or staff or committee that handles these types of requests. Yours truly, is William R. Shaw WRS /sek Cc: Angela Riddell, PPSPL Encl.: Warden Invoice and partial payment on City Invoice WARDEN PLUMBING AND HEATING 106 WEST YORK ST, ITNACA, NY 14650 PHONE & FAN MAMBO Project Shaw repairs Address 109 East Seneca St. Ithaca, NY 14850 Customer Bill Shaw Bill Address 109 East Seneca St. Ithaca, NY 14850 All past due balances subject to u SERVICE CHARGE of 2% per month Billed Cost Type Item V Labor Hrs replaced relief valve, adjusted 3420 Time and Materials Bill Date 10/14/12 Work Completed $120.00 Retainage $0.00 Sales Tax $9.60 Past Due Balance $129.60 Total Due $129.60 Payment Terms Payment due upon completion of work Inv. # Supplier Date Amount Due 10321 Glenn VanOstrand 9/18/12 $120.00 Grand Total $120.00 WARDEN PLUMBING AND HEATING 106 WEST YORK ST, ITNACA, NY 14850 phone [6071271 -6850 cell 160712274850 wo ayI 02@ye oa cam To whom it may concern 12/3/12 Re: water /sewer bill for 111 E Seneca St On 9/18/12, we were called in to repair a leak on the boiler at 111 E Seneca St. The repair was completed that day. There was a significant amount of water leaking on to the floor of the basement. None of this water made it in to the sewer system. I do not know how long the leak had been going on for but I assume that the meter records would show a spike in usage for the duration of the leak. If there is any other information needed from me about this repair, I will be glad to discuss it. Thank you David Warden