The URL can be used to link to this page

Home My WebLink About05-19-10 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, May 19, 2010, at 4:45 p.m. in Common Council Chambers - Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda 2. Mayor's Communications 3. Communications and Hearings from Persons before the Board 4. Response to Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes: 6.1 March 17, 2010, Board of Public Works Committee of the Whole Meeting Minutes — Resolution 6.2 April 14, 2010, Regular Board of Public Works Meeting Minutes — Resolution 7. Voting Items 7.1 Buildings, Properties. Refuse, and Transit 7.1A Approval of Sites for Public Art Commission's Mural and Street Art Program — Resolution 7.2 Highways. Streets, and Sidewalks For these items, please bring original information distributed With the agenda packet for April 7, 2010. 7.2A Protest of Sidewalk Snow Removal Bill for 704 -06 North Cayuga Street — Resolution 7.26 Protest of Sidewalk Snow Removal Bill for 708 North Cayuga Street — Resolution 7.2C Protest of Sidewalk Snow Removal Bill for 348 -50 Elmira Road — Resolution 7.3 Parking and Traffic 7.4 Creeks, Bridges. and Parks 7.5 Water and Sewer 7.6 Administration and Communications 8. Discussion Items 8.1 Buildings, Properties, Refuse, and Transit 8.1A Revised Shopping Cart Ordinance - Discussion 8.1 B Request to Discontinue Use of City Property from Fall Creek Associates — Discussion 8.2 Highways, Streets, and Sidewalks For this item, please bring the original information distributed With the agenda packet for April 7, 2010. 8.2A Mobile Vending in Collegetown — Update 8.3 Parking and Traffic 8.4 Creeks. Bridges. and Parks 8AA Request for Horses in Stewart Park for Ithaca Festival — Discussion 8AB Dredging of Barge Canal & Flood Control Channel and BPW Recommendation of Upland Disposal Site — Discussion 8AC Request to Use DeWitt Park for Band Practice - Discussion 8.5 Water and Sewer 8.5A Protest of Sewer Repair Invoice for 214 Hudson Street — Discussion 8.58 Protest of Sewer Repair for 246 Floral Avenue - Discussion 8.6 Administration and Communications 8.6A Board Minutes — Discussion 8.68 BPW Special Committee - Discussion 9. New Business 10. 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. The Board of Public Works meets on the second, third and fourth Wednesdays ofthe month at 4:45 p.m. All meetings are voting meetings, which opens with a public comment period. Meeting agendas are created from prior public input, Department operating and planning issues, and requests made to the Superintendent. The Board reserves the righllo limit verbal comments to three minutes and to request written comments on lengthy orcomplax issues. This Mormabon maythen be used to create committee agendas, with the speaker or author invited to attend. W.J. Gray, P.E. Superintendent of Public Works May 14, 2010 Page 2 7.1A Approval of Sites for Public Art Commission's Mural and Street Art Proaram — Resolution WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise Common Council on proposals for the exhibition and display of public art in City spaces — buildings, facilities, and infrastructure — and to review development proposals for decorative elements in the city's public spaces, and WHEREAS, the PAC is interested in creating a city -wide mural and street art program that will beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, a subcommittee of the PAC was established to work toward the creation of this program and has identified possible locations for murals and street art throughout the city, and WHEREAS, a number of the proposed sites are on City-owned property and require the approval of the Board of Public Works, and WHEREAS, the PAC, working with guidance from staff from the Department of Public Works and, where appropriate, with involvement of the immediate community, adjacent property and business owners, and any related government agencies, will coordinate the future pairing of artists and available sites, and WHEREAS, the PAC will work with department of Public Works staff to devise a mutually acceptable public input procedure for engaging nearby businesses, residences, and /or business and neighborhood associations for each specific project, and WHEREAS, the PAC will work with the City Attorney to ensure that any art mural RFP or contract with a participating artist reflects and accommodates the needs and constraints of the City; and WHEREAS, the PAC members presented the Mural and Street Art Program and the proposed sites to the Board of Public Works at its meeting on March 10, 2010, and WHEREAS, the Board of Public Works discussed this proposal at its May 12, 2010 meeting, and WHEREAS, the Board of Public Works has already approved a mural to be installed on the south side wall of the Aurora Street bridge underpass on Green Street, a location previously identified by PAC as a possible location for public art; now, therefore, be it RESOLVED, That the Board of Public Works approves the following City-owned sites for inclusion on the list of potential sites in City of Ithaca Public Art Commission's Mural and Street Art Program: Page 3 • Walls in the City Garages on Green St. and Seneca St. • Flood wall along Six Mile Creek facing City Court and Police Department • Walls of City Court and Police Station buildings, subject to City Court and Police Department approval • Retaining Wall along Ithaca Hotel Site (for temporary image) • DPW facilities next to the Sciencenter and across the street from Sciencenter • Municipal Electrical boxes throughout the City • Fence on Hudson Street adjacent to lower entrance to South Hill Recreation Way • Retaining Walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek) Page 4 7.2A Protest of Sidewalk Snow Removal Bill for 704-06 North Cavuaa Street — Resolution WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 704 -06 North Cayuga Street, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, the Board feels that appropriate process was followed by the property owner to keep the sidewalks safe and accessible for pedestrians, now, therefore, be it RESOLVED, That the Board approves the request to expunge the bill for sidewalk snow removal for 704-06 North Cayuga Street. 7.2B Protest of Sidewalk Snow Removal Bill for 708 North Cavuaa Street— Resolution WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 708 North Cayuga Street, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, the Board feels that appropriate process was followed to keep the sidewalks safe and accessible for pedestrians, now, therefore, be it RESOLVED, That the Board denies the appeal for snow removal, and be it further RESOLVED, That the Board directs staff to notify the owner of this resolution and give the owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Page 5 7.21C Protest of Sidewalk Snow Removal Bill for 348 -50 Elmira Road — Resolution WHEREAS, the Board of Public Works has received an appeal of the invoice for sidewalk snow removal at 348 -50 Elmira Road, and WHEREAS, the Board has reviewed photos and other information provided by city staff and the owner of the property, and WHEREAS, the Board feels that appropriate process was followed to keep the sidewalks safe and accessible for pedestrians, now, therefore, be it RESOLVED, That the Board denies the appeal for snow removal, and be it further RESOLVED, That the Board directs staff to notify the owner of this resolution and givethe owner two weeks from the date of notification in order to pay the fees before penalties are accrued. Page 6 8.1A Revised Shopping Cart Ordinance - Discussion Nancy Schuler and Ray Schlather have provided a revised Chapter 268 from the City Code (below) that discusses shopping carts. The biggest modification has to do with giving the City the right to sell abandoned carts at a public sale. CHAPTER 268 SHOPPING CARTS §268 -1 Definitions. Unless otherwise stated, the words and expressions used in this chapter shall have meanings as follows: ABANDONED SHOPPING CART A shopping cart that is unattended by any person, and is either located on any public property within the City of Ithaca or is located on the private property of a person or entity other than the property of the identified owner of the shopping cart without the consent of both the identified owner of the shopping cart and the owner of the Drooert PERSON Natural persons of either sex, corporations, partnerships, associations, joint -stock companies, societies and all other entities capable of being sued. PUBLIC PLACE A street, avenue, road, alley, public passageway, water course, land, highway, concourse, driveway, culvert, crosswalk and sidewalk, pedestrian mall and every class of road, square and municipal or private parking field used by the general public. SHOPPING CART Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated and identified as required herein, such as is generally provided by merchants for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. §268.2 Identification. Every person who owns or makes available to the public in connection with the conduct of business and trade any shopping cart shall mark it or cause the same to be marked and identified conspicuously with the name of the owner. Such identification shall be in the form of metal tags securely fastened to the cart or a cutting or stamping on the frame of the cart or other means for permanently identifying the owner of the cart. §268 -3 Removal and possession unlawful. It shall be unlawful for any person or his/her agent or employee to take, remove or possess any shopping cart beyond the premises of the identified owner of the shopping cart without the express permission of the identified owner. Page 7 ought to have been delivered may recover the same, with interest and costs, from the person to whom the same shall have been delivered. §268 -8 Disposal of unclaimed property. A. Public notice; conduct of sale. Where any shopping cart FRMRIORS in the custody of th Superintendent Of P61bIdG Works proof establishing to his/her satdsfaE;tOGR suoh penson's ewnership- thereof, Periodically, the Superintendent of Public Works shall conduct a public sale of all abandoned shopping carts in his/her custody as provided herein. The Superintendent of Public Works shall publish a notice once in the official newspaper of the city advising that, at a specified place and time not less than fwe twenty (20) days after such notice is published, such property will be sold at public auction for the best price that can be obtained in excess of the redemption fee, costs of publication and other expenses of the city for conducting the sale. Such sale shall be conducted by the Superintendent of Public Works or his /her designee. B. In the event that any shopping cart is sold at public auction to any person other than the person who is identified on the shopping cart as the owner thereof, the city shall authorize the buyer to remove the prior ownership identification, and the buyer immediately shall take possession of the cart. mark the cart go indingting and deliver t9 C. Resale or other disposition; immunity of city. In the event that such property shall remain unsold at public auction, the Superintendent of Public Works may re -offer said property for sale at a subsequent public auction held pursuant to this chapter, or he /she may dismantle, destroy or otherwise dispose of the property. Any such sale or other disposition of such property pursuant to this chapter shall be without liability on the part of the city to the owner of such property or other person lawfully entitled thereto or having an interest therein. D. Disposition of proceeds. All proceeds received from the redemption and /or sale of abandoned shopping carts pursuant to this chapter shall be deposited to the general fund of the city. Page 9 Tis-(YI '9' 113 1201 NORTH TIOGA STREET. ITHACA. NY 118501 602- 256 -0011 April 16, 2010 To: Bill Gray, Dpt of Public Works RECEIVED Daniel Hoffman, City Attorney Debra Parsons, City Chamberlain APR 1 9 2010 Re: License Fee to Occupy City Property Office of the StlPE: qnd Hand Delivered Engineering To Whom it May Concern, My name is Tsvi Bokaer. I am a Fall Creek Associates, LLC partner. As such I have paid for the past 25 years the fees for the usage of a strip of land that belongs to the City along the West Side of our property at 1201 -1215 N. Tioga Street, Ithaca. As you know, that parking strip was granted to the old N. Tioga P &C since the mid -50's, and we used it as per City's code, in order to accommodate the Off Street Parking requirements when the 300 seat FallCreekPictures movie theaters opened its doors in 1986. As you also know, FallCreekPictures closed its doors in June 2009. I am enclosing a copy of the 2009 Invoice for the rental of that strip of sidewalk that belongs to the City which we have paid in full. With this letter, I am requesting that you refrain from charging us for usage of the same strip for the time being since the movie theaters are now closed, and since we do not have a need for additional Off Street parking at this time. While our property has now been vacant for close to a year, I would like to assure you that we will inform you and your Dept. of our needs for additional Off Street Parking once we will secure a new Tenant for the FallCreekPictures space. Please, take the time to respond to this request in writing so that we may have it for our records and our future dealings with the Building Dpt. Sincerely, Tc Tsvi Bokaer -� Partner CITY OF ITHACA Invoice Date : 08/18/2009 {pF7iH 4,d` 108 E GREEN STREET .�,t v Invoice #: 00010654 ITHACA NY 14850 VYa t� Account # : 00000164 417 LINN St Due Date : 09/21/2009 9p RAVTc� Information specific to bill Additional Description: 2009 LICENSE FEE TO OCCUPY CITY PROPERTY BILLS NO r 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 REMAINING UNPAID ON NOVEMBER IST ARE ADDED TO THE FIRS I INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOF. Return this portion with your payment Make check payable to IOr ` o IrygP CITY OF ITHACA Invoice Date : 08/18/2009 CHAMBERLAIN'S OFFICE Invoice # : 00010654 Sx 4 108 E GREEN STREET �� RG {E9 ITHACA NY 14850 Lr� f, JIL(`i 11�� Pleasc Pay on or belore $1,6ZSA2 FALL CREEK ASSOC- LLC `{ ,_�. 09/21/2009 417 LINN St ITHACA. NY 14850 2 i:u yi h / 5o it 6U� Amount Paid [I' (� INV001110654 I � III II IIII II II II I III VIII VIII VIII VIII IIII VIII VIII IIII IIII 00000000000000000106540000000000000400000001000000162542H03 City Engineer Bill to : FALL CREEK ASSOC, LLC General Billine Infamution 417 LINN St 16071274-651(t ITHACA. NY 14850 Information specific to bill (607)274 -6530 Propertv : 1201 -15 Tioea St N Invoice From: City Engineer Invoice Ref. Entry Date Item Category Item Description Qty Price Total 081182009 LICENSE FEES TO OCCUPY CITY 2009 LICENSE FEES 1.00 $1,625.42 $1,625.42 LAND Total: $1,625.42 Additional Description: 2009 LICENSE FEE TO OCCUPY CITY PROPERTY BILLS NO r 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 REMAINING UNPAID ON NOVEMBER IST ARE ADDED TO THE FIRS I INSTALLMENT OF THE NEXT CITY TAX BILLING, AND COLLECTED AS A PART THEREOF. Return this portion with your payment Make check payable to IOr ` o IrygP CITY OF ITHACA Invoice Date : 08/18/2009 CHAMBERLAIN'S OFFICE Invoice # : 00010654 Sx 4 108 E GREEN STREET �� RG {E9 ITHACA NY 14850 Lr� f, JIL(`i 11�� Pleasc Pay on or belore $1,6ZSA2 FALL CREEK ASSOC- LLC `{ ,_�. 09/21/2009 417 LINN St ITHACA. NY 14850 2 i:u yi h / 5o it 6U� Amount Paid [I' (� INV001110654 I � III II IIII II II II I III VIII VIII VIII VIII IIII VIII VIII IIII IIII 00000000000000000106540000000000000400000001000000162542H03 ITHRO eFESTIVR6 21J9 Drc Sven lfl, ua,N7 1485-1 Ph.. 60' -273 -3646 Fax: 60- 697 -05()8 info(aJithacxfcstiv;J.oty, "Supporting the artist in everyone, and arts in the commwtitv." lo. �aevvr- Lx .unrc Ikrcau 6anr P.mFhurn- \set. Uirrar Bo mi of Dmoms 1). Neal,.. P"sidcm ah.had Ih.,mo. \'i,, I'nsialon, H-em?? yW May 6th, 2010 Board of Public Works City of Ithaca 108 Green St. Ithaca, NY 14850 To Whom It May Concern: RECEIVED MAY 0 5 2010 Office of the Supt. and The Ithaca Festival is an annual event that takes place in late spring on the Ithaca Commons and at Stewart Park, this year Jane P through 6'h. The Ithaca Festival is primarily an arts festival with a focus on family activities. As part of this year's festival we hope to include Painted Bar Stables, a local stable that aims to connect people with a positive equine experience. Painted Bar would provide pony rides for festival patrons, as such we are requesting that horses be allowed in Stewart Park on Jane 6 ", 2010 from 10 am to 8pm. A portable round ring would be used as the riding area. This consists of 10 metal gates that attach to one another to form a loop. A gate would be used where riders come in and out. Each horse will be led around the ring by an experienced Painted Bar staff member. Helmets will be required and provided to all riders. There will be a total of four horses on sight. Any animal manure will be removed from site by the stable staff. Painted Bar is equipped to offer rides to handicapped individuals as well. IfW... n(f., IYcasurn Riders would be required to sign a waiver specific to the event and by signing they will waive Painted Bar Stable, The Ithaca Festival and the City of Ithaca of all liability. Painted Bar also carries an insurance policy that covers this activity. �.hre lWasm Stewart Park is the only location of the Festival where offering pony rides would be possible as our Commons location is too crowded to offer something of this nature. The Festival relies on the use of Stewart Park in order to be able to feature larger attractions in the comfort and natural environment of the park setting. 1 sincerely hope you will consider our request. Thank you, y &0-t'`-fia-' Jes Seaver, Executive Director § 336-3 PARKS AND RECREATION § 336-8 § 336-3. Amusement concessions. No person shall operate any amusement device on any park area without first obtaining an agreement form the Superintendent of Public Works to operate a concession at the particular park. This shall apply to boat rides based at any park. § 336.4. Riding animals or operating vehicles restricted. No person shall drive any motorized vehicle, except wheelchairs and scooters used for people with mobility impairments, or ride a horse or other animal on the lawn or grass areas of any park. § 336-5. Boats. A. Generally. No person shall launch, moor or tie any boat from or to any parklands except in the properly designated areas and under the existing mles pertaining to the particular park. B. Abandoned boas. Boats abandoned on City property shall be delivered to the Police Department for disposition. C. Mooring in unauthorized areas. Boats moored in unauthorized areas of the waters within the City limits adjacent to or on City property shall be delivered to the Police Department for disposition. § 336.6. Newman Golf Course. A. Rates and rules. The rates and rules for play at the Newman Golf Course shall be as established by resolution of the Board of Public Works. B. Opening and closing dazes. The golf course shall be open for business not earlier than April 1 nor later than November 15 or such dazes as the Superintendent shall determine. § 336 -7. Trash policy. The City parks operate under a "carry -in and carry-out' trash policy. Users of the parks are expected to remove any materials they bring with them into the parks. § 336-8. Closing and opening times for public parks. All public parks in the City of Ithaca shall be closed to the public at 10:00 p.m. daily, with the exception of scheduled facilities or permitted events. The Superintendent of Public Works shall erect signs in all public parks in the City indicating the established closing time. All public parks shall open at 5:00 a.m. Permits for exemptions to this prevision shall be issued by the Superintendent of Public Works or his/her authorized agent. 33603 07-15-ms § 336 -9 ITHACA CODE § 336 -14 § 336.9. Snowmobiles. No person shall operate or cause to be operated any snowmobile in any public park in the City of Ithaca. ARTICLE B Stewart Park § 336.10. Boundaries. Stewart Park shall include Newman Municipal Golf Course and all property now or hereafter owned by the City within the area bounded and described as follows: Beginning at the intersection of North Cayuga Street and Fall Creek; running thence northwesterly down Fall Creek to its mouth; thence north to the north City line; thence east along the north City line to the west line of Lake Road; thence south along the west line of Lake Road to the northwest line of State Route 13; thence southwesterly along the northwesterly line of State Route 13 to the west line of North Cayuga Street; thence south along the west line of North Cayuga Street to Fall Creek, to the place of beginning, excepting therefrom non - City -owned property within the above- described area and also excepting land lying within the right -of -way lines of North Cayuga Street. § 336 -11. Dogs. No dogs shall be permitted in the park. This provision shall not apply to Seeing Eye dogs, service animals providing assistance to people with disabling conditions, and police working dogs. Exception to this prohibition is by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. § 336 -12. Horses. No horses shall be permitted at any time in the park. Exception to this prohibition is by permit only, which may be granted by the Superintendent of Public Works or his/her authorized agent. § 336 -13. (Reserved) § 336 -14. Trucks. No trucks larger than a standard pickup truck shall be permitted in the park except for necessary service to or in the park. 33604 07 -15 -2005 CITY OF ITHACA - Department of Public Works I i-em F v c 108 East Green Street, Ithaca, NY 14850 Phone: (607) 274 -6527 Fax: 274 -6587 Permit Application to Close Street or Use of Park Applications are to be submitted to the Superintendent of Public Works in order to obtain permission for closure of a street or use of a city park. Please allow two weeks to obtain approval. Certificate of Insurance naming the City of Ithaca as co- insured is to be attached to this application. r . Date of Event 'v'"1 "^" IJC' Time Event Starts 1:30 Time Event Ends 30 Applicant's Name F a <.S c t N P Today's Date Address IU q EZD. I-ihac Phone Number ' 1'7 .3ii'7 -Y r)J 6e7 280 - r3 4 3 Sponsoring Organization Location of Event (Name of Park or Streets) Purpose of Event: MAY 12 2010 ono Number of Participants \2- (If more than 50, an Assembly Permit must be obtained.) Will amplified sound be required? YES (If yes, a Nois Permit must be obtained.) Does your request include any special provisions? YES / O use of electric, traffic control, etc.) If yes, explain: (If barricades are required, please indicate where they should be placed.) �.,. - r. � �l - arz« f,. Ih GlSd- 1�rK. C.�✓t... -rc� Other relevant information: q 4,:2z c 12 r-A2 nN ner 0,j&f, ,R 2 t 'a t t+ -ra iaz o.- r as (�J'r - �y cam" /l nN �'� fob W &' /Ai lr�() Q vi'N - Received by: Date: ❑ Approved ❑ Denied Date: Date Letter Sent to Applicant: cc: Mayor's Office Ithaca Police Department Ithaca Fire Department Streets and Facilities Revised 3109 December 23, 1992 — Board of Public Works DeWitt Park Usaae Policy By Commissioner Gerard: Seconded by Commissioner Rusoff WHEREAS, the Board of Public Works has received requests for clarification of its policy on DeWitt Park usage, and WHEREAS, the Board of Public Works desires to be fair and consistent in its treatment of requests for DeWitt Park usage; now, therefore, be it RESOLVED, That the following policy will serve as the Board of Public Works' policy in guiding decisions: That the Board of Public Works' primary interest is to maintain DeWitt Park as a contemplative space in keeping with its function as a Veteran's Memorial and a common space for several churches, and That requests to use the park will be reviewed by the Superintendent or the Superintendent's designee on a case - by -case basis with the exception of requests that involve amplified sound, including music, and /or the sale of product, and That requests which involve amplified sound and /or sales of products will be denied by the Superintendent of Public Works or his designee. In all cases recourse of appeal is the Board of Public Works. Carried Unanimously . "ill t DATED: March 2, 1967 Reference: Copy of Deed for DeWitt Park - Presbyterian Church -PF -772 AGREEMENT: Page 131 - Book C - Village of Ithaca. Agreement made this 25th day of April 1856, between the Trustees of the First Presby- terian Church In Ithaca, party of the first part and the Trustees of the Village of Ithaca, party of the second part; WITNESSETH: That whereas Simeon DeWitt by Deed bearing date September 25th 1826, recorded in Tompkins County Clerk's office on same day, in Book K of Deeds, Page 184 E c, conveyed to said parties of the first Part certain lots now known as the Public Square; and whereas it is deemed important for the interest of the Public, and the reputation of the Village, that said Square should at all times, be kept in good and respectable condition; for such purposes, and also to the end that the intention of said Simeon DeWitt as mentioned and provided in the Deed aforesaid, may be fully carried out: It is mutually agreed upon by the respective parties hereto, that said Trustees, of the Village of Ithaca and their successors shall have full care, charge, control and government of said Public Square. Said Trustees of the Village of Ithaca in consideration thereof agreeing on their part to build, and ma lntain at all times hereafter; a suitable and proper fence around all of said Public Walk and Promenade lying south of said Presbyterian Church to keep the walks in good and proper condition, and to preserve the trees now growing thereon, and to ornament the grounds by placing thereon such other trees and shrubbery as may be nec- essary, and also to do all other acts and things required, to keep said premises In condition suitable for a Public Walk and Promenade, and to restrain by Law trespassing thereon, or any other act a thing which would be a nuisance, or tend in any way to deprive the Citizens of Ithaca of any of their rights or privileges granted by said Simeon DeWitt in carrying and dedi- cating said premises as a Public Walk and Promenade. Provided, that nothing herein contained shall be construed to invalidate the Deed of said DeWitt, or render inoperative any rights said Church Society may have under the provisions of said Deed, as building and maintaining their House of Worship and Session House. In said Public Square, or to prevent the free Ingress or egress of the members of said Society to and from said House of Worship and Session House, as they have theretofore used and enjoyed same. IN WITNESS WHEREOF: The Said Parties have hereto affixed their hands and the Seals of their respective Corporations, In duplicate, the day and year first above mentioned. e F O ! (Xeew A TT C L& TT 51y'ne -h VNWff)" r6— �re�6ilerC" C \ fr .99rPemonf Ac4,w"n Ct °f � 013rsbsrf .w& C f ,P 6 's,e Record Book °f /7i%TCa of pa�e �j3/ K of Deeds P. 184 Simeon DeWitt of the City of °Deed dated Sept 25, 1826 Albany, Esquire 'Acknowledged: I n n Recorded v at to 6:00 P.M. 'Consideratipn: $1.00 Trustees of the South Presbyterian in the town of Ulysses (now Ithaca) : of the second part. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ g ALL THOSE CERTAIN PIECES PARCELS AND LOTS OF LAND known and distinguished as lots numbers eighty, efgbty one, eighty —two, eighty three, one hundred and fifty nine, one hundred am d sixty and one hundred and sixty one in the Village of Ithaca, in the County of Tompkins. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. TO HAVE AND TO HOLD the said premises unto the said parties of the second part and their successors and assigns to such uses and trusts and to and for such interests and purposes as are hereinafter mentioned and de- clared, that is to say as to such part of the said premises as are now occupied or covered by the Church or House of Worship of the said parties of the second part and all the land lying north IiI of a line drawn due east and west from the south end of said Churcp across said premises to the use benefits and behoof of the said parties of the secend part and their successors and assigns. And also necessary and easement rights of way to and from said Church as fully and perfectly as the same am now enjoyed. Provided that no other building shall be erected on said premises, than a sessio i house between the church and Court house as an appendage to said church, and such removal or enlargement of said church as may hereafter become necessary. And as to the residue of the said premises to the use benefit and behoof of the said arties of the second p part and their successors as a publick walk and promenade. Provided always and these presents are upon the express condition that the sAid pre- mises situated south of the said line drawn east and west from the south end of said church be at all times kept as a public walk) and promenade and that no houses or other buildings except ornamenj tal improvements be erected or made therein, and that no dead bodies be interred therein. f. Ceurtv ST. V r .-NOY71 Q dNU rttt/{ --77' a v 1'il'aPan-rjY. v 1 � IT ,��OY....!w4 b e ' :yc o Memo CITY OF ITHACA 510 First Street, Ithaca, New York 14850 -3506 DEPARTMENT OF PUBLIC WORKS • WATER AND SEWER DIVISION '1'6Sh..ci61n /272 -1717 F— 607/2TI -5028 To: BPW From: Erik Whitney, P.E., Assistant Superintendent City of Ithaca DPW W &S Div. CC: File Date: April 7, 2010 Re: 214 Hudson Street Sanitary Sewer Lateral Collapse & Replacement Item f 5 A Water & Sewer was called to a sewer stoppage at 214 Hudson Street on Monday December 21a1 2009. Don Darrow, plumber for the property owner Alexander Perialas called Art McFall, Supervisor City of Ithaca Wasterwater Collection System. Art McFall, Steve Turscik, and Bob Whitaker responded, cleaned the lateral as best possible with a water jet sewer cleaner, but encountered a hard obstruction near the curb line. The cleaning helped dram the sewer service lateral enough to insert a push camera to investigate. The push camera revealed a broken sewer pipe. The pipe material was old vitrified clay tile. The sewer service could not be used and needed to be replaced. The plumber and the owner agreed. Water & Sewer scheduled an emergency dig for the very next morning. On Tuesday December 22ntl 2009 Dave Hunt, Working Supervisor & Crew excavated the sewer service lateral at the curb line. Other existing underground utilities required much of the work to be done by hand. The excavated pipe was cut and a camera reinserted to positively identify the failure location(s). There were several failures, one being an old repair splice under the road which had settled and failed. Because of the extent of pipe in poor condition it was necessary to replace entire old clay the lateral pipe from the sewer main to the curb. Dave Hunt and his crew performed this work Tuesday and Wednesday. It was necessary to do some work Wednesday since it entailed a partial road closure and detour for Hudson Street which required at least a days notice to the emergency and transportation services, as well as the traveling public. Upon replacement of the service in the street we noted that the largest section of failure approximately 2 -feet in length was on either side of a repair slice on the sewer service that was made when the water main in the street had been replaced in the early 1990's as part of the Hudson Street rebuild project. It was obvious that the failure at this location was caused by inadequate compaction by the City's contractor at the time. However the sewer service had also failed to lesser extents in at least 3 other locations, probably due to age and vibration from heavy street traffic. The Water & Sewer Division billed Mr. Perialas $3,860.76 for the sanitary sewer lateral replacement, invoiced December 31, 2009, copy attached along with work order, itemized summary and other supporting documentation. Note, Mr. Perialas was not charged for the cleaning work nor the camera work entailed in identifying the problem extents. The sewer maintenance crew expended 12- manhours, with equipment used, 2 -hours for the sewer jet truck, and 4 -hours for the push camera. Mr. Perialas may be entitled to some relief for the 2 -feet of failed pipe which can be attributed to previous work done by a City contractor. We replaced a total of 14 -feet of service pipe from the main to curb. If we attribute 2/14'ths of the total cost to this failed pipe section this amounts to $551.54. However, that section of pipe was certainly well beyond half its serviceable life, probably more nearly at the end. Saying it is at half its service life this would bring the amount to $276. Please find Mr. Perialas's protest letter of 1/25/10 to Bill Gray attached. 348 -29. Sanhary sewer services A. The installation of all drains or sewers between the sewer main and the curb or curbline shall be at the expense of the owner of the premises served; except that, when a service drain or sewer of cast -iron or such other material as may hereafter be approved as permanent shall have been installed at the expense of the owner, such installation between main and curb shall be considered a part of the city sewer system and shall be so maintained. B. In the event, however, that a larger or different service is requested by the owner or required by reason of the use of the property served, such larger or different service shall be installed at the expense of the owner. C. All installations of service drains or sewers between the main and the curb in the city shall be made only by the Water and Sewer Division of the Department of Public Works. D. All abandoned service pipes shall be shut off at the main at the expense of the owner. E. All installations of service drains or sewers between the curb and the building shall be made by a plumber or sewer layer licensed by the Examining Board of Plumbers or any homeowner working on his/her own single - family residence. F. Whenever leaks or breaks occur in the service pipes or private sewers between the main and the building served, they must be repaired immediately by the owner or agent of the premises in accordance with the previous subsection of this sector. If repairs are not made within 15 days after notice of such leak or break, the Board may shut off the water until such repairs are made. G. The Board reserves the right to repair any leaking service pipe without notice and charge the expense thereof against the owner of the premises, to be collected in the manner provided by the rules and regulations or the provisions of the City Charter relating thereto. H. All lateral or service pipes for public or private use and all necessary fixtures connected therewith shall be subject to the approval and laid under the supervision of the Water and Sewer Division. I. All Y's cut into the sewer main will be done by the Water and Sewer Division, for which the applicant must pay the city, at the time of making application, such fees therefor as shall be determined from time to time by the Board. Mr. Gray, As per our conversation on Friday, January 22, 2010, 1 am writing to protest Invoice # 00011563, which I received for sewer service repair beyond the curb and in the street at my residence at 214 Hudson Street. As you know, I have had a conversation with Erik Whitney in which I outlined the problems that occurred and the work that was performed on December 22 and 23 of 2009. The week before Christmas, I noticed a strong odor from my basement. Although I tried to find the origin of the odor, I was not able to pinpoint where the odor was coming from and it was then that I called a plumber to see if we could find the source of the odor. It was then that we discovered that the line to the street was not flowing properly. Our plumber, Don Darrow, contacted the city to see what the problem might be. Before the crew got to my house the next day, raw sewage was backing up from the street, spilling out of the vent and going into my basement. The crew arrived with the water jet truck and the camera to find out what was obstructing the line to the main. They pushed some water into the line with the jet truck and that water and sewage backed up into my house. An inspection was done with the camera and it was determined that the line was broken approximately 25 feet out, somewhere around the curb area. At this time a decision was made to start digging by hand between the curb and my front yard. When the line was uncovered the break was easy to see, it was just beyond the curb into the street. Once again the camera was used to see if there were any other problems beyond the first break. When the camera was again put into the line, a second break was discovered approximately 5 to 6 feet from the first break. Once the entire line was uncovered it was found to be broken in 4 places and it was apparent that it had been fixed before. The foreman, Dave Hunt, told me that during the 1990's "Hudson Street repair project," the line from my house to the main was broken and fixed by the City of Ithaca's subcontractor. He also stated that the work had not been performed correctly and that when the repair was done, the line had not been properly "bedded" and this resulted in the line breaking in multiple places. Because the line had broken and fallen down it filled with gravel and debris. The wastewater could not get to the main as the weather finally started to get colder and the wastewater and gravel made a plug. This obstructed the wastewater from getting to the sewer main and is the reason why it backed up into my basement. RECEIVED January 25, 2010 Mr. William Gray L JAN 2 7 2010 Superintendent of Public Works City Hall Offte Sup a d Supt. arvtf 108 East Green Street Engineering Ithaca, N.Y. 14850 Mr. Gray, As per our conversation on Friday, January 22, 2010, 1 am writing to protest Invoice # 00011563, which I received for sewer service repair beyond the curb and in the street at my residence at 214 Hudson Street. As you know, I have had a conversation with Erik Whitney in which I outlined the problems that occurred and the work that was performed on December 22 and 23 of 2009. The week before Christmas, I noticed a strong odor from my basement. Although I tried to find the origin of the odor, I was not able to pinpoint where the odor was coming from and it was then that I called a plumber to see if we could find the source of the odor. It was then that we discovered that the line to the street was not flowing properly. Our plumber, Don Darrow, contacted the city to see what the problem might be. Before the crew got to my house the next day, raw sewage was backing up from the street, spilling out of the vent and going into my basement. The crew arrived with the water jet truck and the camera to find out what was obstructing the line to the main. They pushed some water into the line with the jet truck and that water and sewage backed up into my house. An inspection was done with the camera and it was determined that the line was broken approximately 25 feet out, somewhere around the curb area. At this time a decision was made to start digging by hand between the curb and my front yard. When the line was uncovered the break was easy to see, it was just beyond the curb into the street. Once again the camera was used to see if there were any other problems beyond the first break. When the camera was again put into the line, a second break was discovered approximately 5 to 6 feet from the first break. Once the entire line was uncovered it was found to be broken in 4 places and it was apparent that it had been fixed before. The foreman, Dave Hunt, told me that during the 1990's "Hudson Street repair project," the line from my house to the main was broken and fixed by the City of Ithaca's subcontractor. He also stated that the work had not been performed correctly and that when the repair was done, the line had not been properly "bedded" and this resulted in the line breaking in multiple places. Because the line had broken and fallen down it filled with gravel and debris. The wastewater could not get to the main as the weather finally started to get colder and the wastewater and gravel made a plug. This obstructed the wastewater from getting to the sewer main and is the reason why it backed up into my basement. I, as well as Erik Whitney, am of the opinion that this problem is the City of Ithaca's responsibility and I would like the bill for services to be expunged. I would also request that, until this matter is resolved, billing for this invoice is stopped. Sincerely ( .�A�- Alexander J. Perialas aa� -44 Hy -cLLL CITY OF ITHACA 108 E• GREEN STREET I ITHACA NY 14850 n a Bill to: I p4I7H Invoice Date: 12/31/2009 ��,e • •" Invoice # : 00011563 �+r Account # : 00004308 lei �.IV 1• Due Date: 02/08/2010 RACED ik(llo ALEXANDER J PERIALAS KRISTINA W PERIALAS 214 HUDSON St ITHACA, NY 14850 Property : 214 Hudson St Invoice From: Water & Sewer Division DAB A�0'4-- Entry Date Item Category Item Description 1223!2009 LABOR (SEWER) 12/23/2009 EQUIPMENT (SEWER) 12232009 MATERIAL (SEWER) 121232009 OTHER (SEWER) Water & Sewer Division General Bil l ing Information (607) 274-6580 Information specific to bill (607) 274 -6596 Invoice Ref. STMT #18154 Qty Price Total 1.00 $2,726.89 $2,726.89 1.00 $445.50 $445.50 1.00 $21.62 $21.62 1.00 $666.75 $666.75 Total: 53,860.76 Additional Description: REPAIR SEWER SERVICE 12122 + 12123/09 - SEE ATTACHED STATEMENT FOR BREAKDOWN OF CHARGES 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 REMAINING UNPAID ON NOVEMBER I ST ARE ADDED TO THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING AND COLLECTED AS A PART THEREOF. Return this portion with your payment Make check payable to Invoice Date: 12,131/2009 CITY OF ITHACA Invoice # : 00011563 CHAMBERLAIN'S OFFICE 108 E GREEN STREET ITHACA NY 14850 Please Pay on or before 83,860.76 ALEXANDER J PERIALAS 02/082010 KRISTINA W PERIALAS Amount Paid 214 HUDSON St ITHACA, NY 14850 INV00011563 I IIII I ullll II IIII lull VIII VIII VIII VIII VIII VIII IIII IIII 00000000000000000115630000000000000400000001000000386076009 ... ,.. _,.., .. ...... . ,. , ..... . .. .. . STATEMENT NO: 18154 Account F8342 WATER AND SEWER DIVISION, DEPT. OF PUBLIC WORKS, ITHACA, NX Make check Payable to City of Ithaca, Water and Sewer Fund; payable at the City Chamberlain's Office, 108 E. Green St., Ithaca, N.V. This bill is payable within 30 days. Default of payment may cause service to be discontinued. Bills remaining unpaid constitute a lien on the property served and will be collected in the tax levy for the next fiscal year in the same manner and Subject to the same Penalties as other city taxes. KINDLY RETURN THIS BILL FOR RECEIPT LABOR: Hm REVISED: Total Alexander Perialas Rate Total Reg DATE: 31- Dec-09 214 Hudson Street OT OT 16 W.O. NO. Al 1291 Ithaca, New York 14850 39.496 $0.00 8 LOCATED AT: 214 Hudson Street 0 WORK DESCRIPTION: Repair sewer service KINDLY RETURN THIS BILL FOR RECEIPT LABOR: Hm Rate Total fire Rate Total Reg Reg Reg OT OT OT 16 26.331 $421.30 0 39.496 $0.00 8 19.143 $153.14 0 28.714 $0.00 16 32.966 $527.46 0 49.449 $0.00 5 36.668 $183.34 0 55.002 $0.00 8 17.3 $138.40 0 25.95 $0.00 15 19.568 $293.52 0 29.352 $0.00 6 21.22 $127.32 0 31.83 $0.00 16 18.412 $294.59 0 27.618 $0.00 2 21.22 $42.44 0 31.83 $0.00 S8.52 $2,181.51 6" x 6 ", 30.100 SOAO Waming:bills remaining unpaid after 30 days shall accrue a late Penalty at the rate of twelve Percent per annum from the date of the bill, or $3.00 Per month, whichever is greater, pursuant to board of public works regualtions and common council resolution. STATEMENT NO: 18154 Page 1 of 1 Total: $2,181.51 .25% overhead: $545.38 Total Labor: $2,726.89 EQUIPMENT: ID Equipment Rate HIM Total 125 SERVICETRUCK 20.25 4 $81.00 143 5 yd Dump Truck 27.00 4 $108.00 167 Jet 33.75 2 567.50 23 4 X 4 Pickup 13.50 2 $27.00 593 Badkhoe 40.50 1 540.50 SHOE Back H. 40.50 3 $121.50 $445.50 Total Equip.: $445.50 MATERIALS: Decriptlon QTY Cast 4" x 13' -T PIPE SDR -35, 27 -100 14 $13.10 6" Clsy x 4" PVC FERNCO COUPLINGS 1 S8.52 6" x 6 ", 30.100 $21.62 Total Materials: $21.62 OTHER: Description Area Cosgisgr R) Total Crusher Run 5 14 $70.00 Stone 3 11.75 $35.25 Stock It 2 102 $204.00 Street Patch 65 5,5 $357.50 $666.75 y\of Total Other: /•istant Amount Due: 860.75 $3,860.76 Asst Superintendent Department ubhc Works, W I S Waming:bills remaining unpaid after 30 days shall accrue a late Penalty at the rate of twelve Percent per annum from the date of the bill, or $3.00 Per month, whichever is greater, pursuant to board of public works regualtions and common council resolution. STATEMENT NO: 18154 Page 1 of 1 Bill for replacing outside pipe connecting house to the main Page I of I Bill Gray - Bill for replacing outside pipe connecting house to the main From: "Leonardo J. Vargas- Mendez" <Ijvl @comell.edu> To: Bill Gray <billg @cityofithaca.org> Date: 4/9/2010 12:53 PM Subject: Bill for replacing outside pipe connecting house to the main Dear Bill- Thank you for assisting me yesterday when I visited your office without appointment. I appreciate your accessibility. As I mentioned to you, I'd like to protest /appeal the total amount of the bill of $3,805.44, including penalties. First, I am not escaping responsibilities as a property owner; that is not my intention. I just would like to come to a fair agreement with the City. The reasons for my appeal are the following: 1. As most, if not all, residents in the City, I was not aware of my responsibilities as property owner regarding maintenance and repair of the pipe linking my house, at 246 Floral Avenue, with the City Water Main. I should have known better though, as I served in the Board of Public Works for a couple years, some year ago. I appreciate your pointing me to Chapter 348, Article 11, paragraph 348 -17, where responsibilities of the property and the City are specified. But this was never never mentioned when I bought the house from NH5, nor was it included in my deed. No information is produced by the City on a regular basis for prospective and current property owners. 2. As you expressed to me, only when pipes broke down, one will know about our responsibility to pay for the damaged pipe. But, as item F in the the same paragraph of Chapter 248, Article 2, establish, the property owner has no right of choice regarding who, when and how the repair will be done: it is the decision of the City only. In my case, the pipe broke, called my plumber, paid $250 to them to tell me that I have to call the Department of Public Works, who then will decide how, and when will repair it. I was fortunate that was repaired within days. 3. As I mentioned, and this is my fault alone, I am doing this appeal a year laterthan I should have. Last year was a hard and unfortunate year for me as my wife passed away at the end of 2008 and I paid very little attention to a lot of things afterwards. I accumulated penalties, and as I said to you, I will do my part, but sudden expenses of this amount can have destabilizing effects on anybody's personal budgets. In my case, it does affect my ability to pay for my escrow and mortgage of my house as increased this expense to 2 times last year monthly amount. I submit the above for your consideration. Please let me know what else you need from me move forward. Best regards, Leonardo. Leonardo Vargas- Mendez 246 Floral Avenue Ithaca, NY 14850 607 -277 -3886 607 - 244 -0494 (cell) Ijvl @cornell.edu 111e:80 \13ocuments and Settings \billg \Local Settings\ Temp \XPgrpwise \4BBF234Icoimain... 4/12/2010 CITY OF ITHACA rNy„ 108 E GREEN STREET y ITHACA NY 14850 RAi40 Bill to : LEONARDO VARGAS CECILIA VARGAS 246 FLORAL Ave ITHACA, NY 14850 Property : 246 Floral Ave Invoice From: Water & Sewer Division Entry late Item Category Item Description 04/02/2009 LABOR(SEWER) 04/02/2009 EQUIPMENT (SEWER) 04/0212009 MATERIAL (SEWER) 04/02/2009 OTHER (SEWER) 0410112009 LABOR (SEWER) 04/01/2009 EQUIPMENT (SEWER) Invoice Date : 03/29/2009 Invoice # : 00010022 Account # : 00003776 Due Date : 06/29/2009 Water & Sewer Division General Milling Intbrmation (607) 274 -6580 Information specific to bill (607) 274 -65% Invoice Ref. STINTS #18086+087 Qty Price Total 1.00 $1,648.36 $1,648.36 1.00 $669.60 $669.60 1.00 5328.00 $328.00 1.00 $677.65 $677.65 1.00 $197.78 5197.78 1.00 $35.10 $35.10 Total: $3,556.49 Additional Description: INSTALL SEWER SERVICE 4/1 +4/2/09, CLEAN SEWER LATERAL 4/1/09 - SEE ATTACHED STATMENTS FOR BREAKDOWN OF CHARGES 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 REMAINING UNPAID ON NOVEMBER I STARE ADDED TO THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING. AND COLLECTED AS A PART THEREOF. Return this portion with your payment Make check payable to: CITY OF ITHACA Invoice Date : 03/29/2009 C 11AMBERLAINS OFFICE Invoice # : 00010022 108 E GREEN STREET —� ITHACA NY 14850 Please Pay on or before $3,556.49 LEONARDO VARGAS 06/2912009 CECILIA VARGAS 246 FLORAL Ave Amount Paid ITHACA, NY 14850 INV00010022 *INV00010022* nnnnnnnnnnnonnnnm nnrnn000000000000400nnnnm 000000355649002