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Home My WebLink About01-13-10 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Wednesday, January 13, 2010, at 4:45 p.m. in Common Council Chambers - Third Floor, City Hall, 108 East Green Street, Ithaca, New York. 1. Pledge of Allegiance 2. Approval of Minutes: 2.1 December 2, 2009, Board of Public Works Committee of the Whole Meeting Minutes — Resolution 2.2 December 9, 2009, Board of Public Works Voting Meeting Minutes — Resolution 2.3 December 16, 2009, Board of Public Works Committee of the Whole Meeting Minutes — Resolution ,v 1 a 5. Communications and hearings from persons before the Board 6. Response to Public 7. Buildings, Properties, Refuse, and Transit 7.1 License and Use Fees for the Use of City -Owned Property — Discussion and Power to Act Resolution 7.2 Trash and Recycling Facility Agreement with Center Ithaca - Power to Act Resolution 8. Highways, Streets, and Sidewalks 8.1 Encroachment Request for 934 Stewart Avenue — Resolution (Attached is a map showing tax parcel 7 -3 -5 and the survey referred to.) 8.2 Appeal of Sidewalk Assessment for 122 -124 Linn Street — Resolution 8.3 Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street — Resolution 9. Parking and Traffic t•- 7 - q 12. Administration and Communications 12.1 Election of Board of Public Works Vice -Chair for 2010 — Nomination and Possible Resolution 13. Reports Council Liaison Superintendent and Staff Rick Ferrel's Report Erik Whitney's Report Other Department Heads 14. 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 274 -6570 at least 48 hours before the meeting. Page 2 7.1 License and Use Fees for the Use of City -Owned Property — Discussion & Power to Act Resolution RESOLVED, That the Board grant itself Power to Act on the establishment of a schedule of license and use fees for the use of City -owned property at the January 20, 2010, Committee of the Whole meeting. We have received a Draft Fair Market Rent Study from Pomeroy Appraisal Associates for property types owned by the City and licensed to others. The report is voluminous and, therefore, has been transmitted electronically to Board members. A representative from Pomeroy Appraisal Associates will be at the Board meeting on January 13, 2010, to discuss this report. The intension is that the Board will adopt a schedule of fees at its meeting on January 20, 2010. Page 3 8.1 Encroachment Request for 934 Stewart Avenue - Resolution WHEREAS, the property at 934 Stewart Avenue, in the City of Ithaca (tax map parcel 7- 3-5) is owned by Edgecliff, LLC, a corporation purportedly owned by Joseph Quigley, and WHEREAS, because the dwelling at 934 Stewart Avenue is set at a substantially lower elevation than the adjacent public sidewalk, it is currently and has been accessed via two metal- framed ramps which extend from the front of the building (at two different levels) to the inside edge of the public sidewalk on the westerly side of Stewart Avenue, and WHEREAS, the afore - mentioned ramps extend into the City's right -of -way for Stewart Avenue a distance estimated to be less than five linear feet, according to a survey map of "NO. 934 STEWART AVENUE," prepared by T. G. Miller, P.C., on January 6, 2003, and WHEREAS, it appears that the ramps in question have been in existence in their current location for many years, without objection by the City, and that the proposed replacement ramp will not constitute a substantially larger encroachment than has historically existed at this location, and WHEREAS, the owner of 934 Stewart Avenue wishes to replace the ramps, due to their age and condition, but cannot secure a building permit for such replacement without a current license from the City permitting the encroachment upon City property, and WHEREAS, the proposed replacement will merge the two ramps extending from the building into one prior to meeting with the sidewalk, and will involve erecting a roof above the new ramp (but not above the sidewalk), and the merged ramp (and cover) will be structurally separate from the sidewalk, and WHEREAS, the Superintendent has reviewed the request and has determined that the replacement ramp (and its cover), as designed, will not compromise the public sidewalk in front of the premises and will not interfere with the safe or efficient use of said sidewalk, and WHEREAS, the Superintendent does not anticipate any conflicts in the foreseeable future due to the proposed encroachment at this location; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney and the Superintendent, to sign a revocable encroachment agreement/license for the proposed replacement ramp and its cover at 934 Stewart Avenue, containing the usual terms and conditions, and be it further RESOLVED, That the encroachment agreement shall not be subject to a fee at this Page 4 time, per the City's current practice with regard to such agreements for existing, minor encroachments associated with residential properties, but that the agreement shall specify that at any time in the future it may become subject to new license /use fees or other requirements established by the Board as the result of its review of encroachments and license agreements, which review is anticipated to be completed in 2010. Page 5 N 4-� O O b4 w O N 00 W �i w ;3/14/2008) Leslie Chatterton - 107_0714.JPG Page 1 NOTES 1-) DENOTES CALCULATED POINT 2.) 8' SNOW COVER AT DATE OF FIELD WORK 3.) THIS SURVEY MADE IN ACCORDANCE Nl1TH THE DOCUMENTS OF RECORD NOTED HEREON SUBJECT TO ANY STATE OF FACTS AN UP TO DATE ABSTRACT OF TITLE MAY SHOW. Lop 8 4.00, PIPE FND. LOT 9 PIN 9.00, FND�. 2. STIFEL (R. 0.) 708130 W 1 �0 n O� 0 PIPE FND. APPRO,Y TOP OF 12.30 S7E-fP g�'K _�✓ 4 y Q V �c w =� W t 56.61 RN \ _ ;UND FALL CREEK CORCE 3 TITLE INFORMATION GEOFFREY R. BANFIELO BK. 713 PAGE 321 TAX MAP PARCEL NO. 7 -3 -5 AREA = 0.52 ACRES NET 107• >0 �y\ \ CH = S 01'45'39" W G p \ 241.80' 'INCLUDE ANY RIGHT TOLE &INTEREST TO FALL CREEK GORGE' `x >: \ CITY OF ITHACA (R.O.) 10' -O -o REFERENCE MAPS 011% '.) ENTITLED "SURVEY MAP OF NO. 934 STEWART AVE' DATED 1212311975 .f. LAST REVISED 1112811994 BY T.G. MILLER, P.C. '.) ENTITLED `SURVEY MAP NO. 112 EDGECLIFF PLACE DATED 6/29/1993 BY T,G. MILLER, P.C. t.) ENTITLED "SURVEY MAP OF CORNELL HEIGHTS" DATED DEC. 1900 BY K.P. CRANDALL, FRED IN MAP BK. 8 -4 PAGE 20. RTIFICATION TOMPKINS TRUST COMPANY, ITS SUCCESSORS AND /OR ASSIGNS; HARRIS BEACH, LLP; HWES & ALLEN; JOSEPH MATTHEW QUIGLEY; iereby certify to JOSEPH MICHAEL QUIGLEY; FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK t I am a licensed land surveyor, New York State License 050096, and that this map correctly delineates an :ual survey on the ground made by me or under my direct lervision; that it was prepared in accordance with the 1 rent code of practice for land title surveys adopted by New York Association of Professional Land Surveyors; i that 1 found no visible encroachments either way oss property lines except as shown hereon. NED: .i�/nzaaen„ DATED: TITLE: SURVEY MAP NO. 934 STEWART AVENUE 7G. MILLER P.C. INEERS AND suRvEYORS CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK I NORTH AURORA STREET P.Q. Box m DATE: ACA NEW YORK 14651 1,62003 SCALE: S030oz 1 "= 30' 'C U' S e a �Qatt a 2�0 Q� z� WSW wW or rvs uw xor mwsc�v s�0°we =Na.sun uw NOr �caPCa�erw v°�c c ern max. v nc Imam wn s way swwxe �nmra. 50096•'• LAND Cj U 8.2 Appeal of Sidewalk Assessment for 122 -124 Linn Street - Resolution WHEREAS, MDLD Family Ltd. Partnership, owner of 122 -124 Linn Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to that property, and WHEREAS, sidewalk defect notice was sent on June 29, 2007 to the owner, and WHEREAS, Ann Erlich on behalf of the MDLD Family Ltd. Partnership sent a letter dated February 25, 2009, spoke at the public hearing held on March 4, 2009 and sent a follow -up email to appeal the assessment; and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by staff and by Ann Erlich on behalf of the owner regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that city's sidewalk crew completed the sidewalk replacement work, and determines that the owner received the value of the replacement work but is not responsible for payment because of defective notice, and be it further RESOLVED, That the Board hereby approves the request to expunge the sidewalk assessment for 122 -124 Linn Street. Page 6 8.3 Appeal of Sidewalk Assessment for 405 & 407 North Aurora Street — Resolution WHEREAS, Patricia Carlson, owner of 405 & 407 North Aurora Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to her properties, and WHEREAS, a sidewalk defect notice for 407 North Aurora Street was sent to the owner in 2007, and WHEREAS, Patricia Carlson protested her assessments via letter dated February 17, 2009 and by speaking at the Public Hearing held on March 4, 2009; and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that City's sidewalk crew completed the sidewalk replacement work at 405 and 407 North Aurora Street, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 405 North Aurora Street and reduces the assessment for 407 North Aurora Street and be it further RESOLVED, that the new assessments including the 25% administrative fee required by City Code are: Address Tax Parcel # Owner Assessment 405 N. Aurora St 49. -6 -9 Patricia Carlson $422.15 407 N. Aurora St 49. -6 -1 Patricia Carlson $4,839.78 - • • �;•. • • it • - • # 1 •- • • RESOLVED, That Commissioner the Board of Public Works for 2010. Page 7 be appointed as the Vice Chair for