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HomeMy WebLinkAbout07-20-11 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, July 20, 2011, 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 Aqenda (Items 1 -5: 15 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 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit A. Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) — Resolution 8.2 Highways, Streets and Sidewalks (5 min.) A. Request to Hang Banners with Original Art Work on City Light Posts - Resolution 8.3 Parking and Traffic 8.4 Creeks, Bridges and Parks (10 min.) A. Request to a Mobile Pagoda /Pavilion in Thompson Park B. Approval of Decorative Chain in Front of Monuments in DeWitt Park - Resolution 8.5 Water and Sewer A. Authorization to Perform in the Mulholland Wildflower Preserve — Resolution 9. DISCUSSION ITEMS ( min.) 9.1 Protest of Sidewalk Snow Removal Bill for 505 -15 Third Street (Aldi) 9.2 Proposed Fall Creek Stream Corridor Project — Possible Resolution 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. Notes for BPW A- Benda, July 20, 2011 8.1A Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) — Resolution Attached are notes provided by Nels Bohn concerning the Community Advisory Group's thoughts on the proposed vent stack and soil vapor collection system to be installed at the intersection of Spencer Street and Turner Place and then along three hundred feet of Spencer Street, coincident with the sewer. The notes and resolution are complete unto themselves. I don't like granting permanent easements for something that may not be permanent (this easement expires with their failure to maintain it). I would suggest that special provisions include that the City receive copies of any performance reports required by the DEC at the same time they are received by the DEC, a requirement that Emerson or its successor validate the need for the easement from the City by means of a summary report of performance and statement of continuing need every ten years, that failure to provide the report within one year of the ten year anniversary results in the termination of the easement, and a final requirement that should the easement terminate for any reason the installed materials , with the exception of the perforated pipe, be removed at the cost of the easement holder and the land restored. 8.2A Approval to Hang Banners with Original Art Work on City Light Posts — Resolution The resolution thanking Ms. Ridenour for the Banners is included. 8.4A Approval to a Mobile Pagoda /Pavilion in Thompson Park — Resolution A resolution is offered here which I believe captures the Board's discussion on July 13, 2011. 8.4113 Approval of Decorative Chain in Front of Monuments in DeWitt Park — Resolution I hope this resolution will close this chapter of Mr. Hollingsworth's effort to get permission for the installation of protective chains in front of the War Memorials in Dewitt Park. 8.5A Authorization to Perform in the Mulholland Wildflower Preserve — Resolution The resolution thanking Ms. Stevens is provided. 9.1 Protest of Sidewalk Snow Removal Bill for 505 -15 Third Street Midi) Enclosed is a protest of a snow removal bill sent to Aldi's on Third Street. While we got the photos showing the magnitude of the work I did not get a specific answer to the question about a verbal agreement to do the work for substantially less than what was billed. We will try to follow up with staff. It is my impression that Aldi's snow plowing operation piled large amounts of snow on the sidewalks and the work was more than it might have appeared at first glance. Page 2 We expect the sidewalks to be clear, not that walkers will move over to the parking lot. They can store the snow in their parking lot, but not on the sidewalk. 9.2 Proposed Fall Creek Stream Corridor Project — Proposed Resolution We have received a draft resolution for the County's proposed stream plantings along Fall Creek on the west side of Cayuga Street, adjacent to the north bridge abutment. It is in the Attorney's office. The County (Scott Doyle) has requested that we pass a resolution on the 20th or 27th of July. If it is ready for the meeting on the 20th we will distribute it then. VVEL, ,2vvj fjoa , a.E. ,SL-cpey- vltevudevut of T>L-tU c VvOr%s J vL� 15, 2022 Page 3 8.1A Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) — Resolution WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above - referenced parcel, in the southerly portion thereof; and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and /or solvents from the former Morse Chain factory, located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and /or vapors remain in the surrounding soil; and WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to draw vapors out of the soil around a 300 - foot -long section of said sewer main, via a new, perforated pipe to be installed parallel to the old sewer main, and to vent said vapors through a 25 -foot- tall stack to be located on the above - referenced City -owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack; and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, the Board has received and considered written comments on this request from the City's Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above - referenced parcel is currently developed with a small, gravel -based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City -owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; now therefore be it Page 4 RESOLVED, that the Board of Public Works hereby determines that the use of the subject City -owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefor, will serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future; and be it further RESOLVED, that, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, and b. the City's having legal authority to revoke any rights of a third party to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Board of Public Works hereby approves the request from EPT for temporary and permanent easements across the City -owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and authorizes the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, to execute an easement instrument that includes standard City provisions, as well as the following: Consideration to be paid by EPT to the City in the amount of at least $ 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed square feet, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Addition of active ventilation system to be subject to further City consent; 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 10. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it. Page 5 To: City of Ithaca Board of Public Works From: Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency RE: South Hill Remediation - CAG Review of Design Drawings for 300 -Foot Venting System Date: June 17, 2011 The Common Council created the Community Advisory Group (CAG) to enhance communication and promote better informed decision making about environmentally contaminated sites in the City. The CAG reviewed the draft design drawings for the proposed 300 -foot Spencer Street venting system, dated 5/5/11 at their June meeting. As staff support for the CAG, please find below my summary of their discussion: 1. Health Impact on Neighborhood — Off - Gassing The CAG had initial concerns that off - gassing the soil vapor from the exhaust vent could direct contaminated gases to areas of the neighborhood located uphill of the vent stack. Members discussed that at least 4 homes located in the immediate and uphill vicinity of the proposed vent stack already have had individual radon -style vapor systems installed to vent subslab soil gases as part of an earlier remediation response. These stacks exhaust at roof level of the homes. The proposed system will vent exhaust at a similar above - ground height to existing systems in the neighborhood. As loose bedding materials surrounding sewers mains and laterals are viewed as exposure pathways for soil gas, it is preferable to vent this gas into the atmosphere to prevent migration of soil gas to soils under homes. 2. Passive vs. Active Venting System The CAG was pleased to see a rigorous sampling schedule established to determine if the vent system is actually collecting and venting contaminated soil vapors, but there is no protocol established for action if the sampling shows the system is not collecting and venting soil vapors. In the event that sampling shows no soil vapors are being collected, the CAG suggests that before abandoning /removing the passive venting system it should be retrofitted with an active system (for example, installation of a fan in the exhaust vent). Any active system has potential to adversely impact the neighborhood with noise, so the system should be carefully designed to minimize noise. Visual Impact on Neighborhood As the proposed 25' -tall exhaust vent stack will be a semi - permanent feature in the urban landscape; CAG members questioned the durability and visual impact of the stack. Information about the exhaust vent stack appears to be limited to diagram 'A' on sheet 7 — exhaust stack detail (attached) - which describes the stack as a "5" diameter, light standard utility pole ". To the maximum extent possible, CAG members thought the vent stack should be designed to blend unobtrusively into the environment and be constructed of a non - rusting metal or be powder -coat painted in a neutral color. Greater detail on the actual appearance of the stack was desired. 4. Noise Impact The exhaust vent system includes a wind - driven rotary ventilator on top of the exhaust vent to draw soil vapors out the stack. CAG members asked: Will the rotary ventilator operate silently? Will it require maintenance or lubrication to remain quiet? If so, CAG members recommended that the plans identify a maintenance schedule to ensure quiet operation and the applicant identify a contact person to resolve noise issues in the event that noise from the rotary ventilator becomes a nuisance in the neighborhood in the future. The CAG appreciates the opportunity to review and comment on the proposed venting system. If there are further questions, please contact CAG Co- Chairperson Ken Deschere or me. Cc(email): D. Hoffman, City Attorney S. Peterson, WSP Group B. Gray, Superintendent of Public Works J. Cornish, Director of Planning & Development 1St Ward Alderpersons j: \community development \admin files \agenda \cag - citywide \cag comment on 300 -foot vent emerson 6- 17- 11.doc 2 8.2A Approval to Hang Banners with Original Art Work on City Light Posts — Resolution WHEREAS, the Downtown Ithaca Alliance (DIA) has run a successful banner program in the area around the downtown business district, currently consisting of approximately 35 banners mounted on light poles, and WHEREAS, Nancy Ridenour of Lotus Studios in Ithaca has offered a new set of banners based on some original art work depicting images of plants typically found in the Six Mile Creek ecosystem, now therefore be it RESOLVED, That the Board of Public Works thanks Ms. Ridenour for her donation to the banner program and directs staff to work with DIA to select poles for the expanded program. 8.4A Approval to a Mobile Pagoda /Pavilion in Thompson Park — Resolution WHEREAS, Alan and Marilyn Vogel have offered a small (10' by 10 ") pavilion for installation in Thompson Park which will be built during the Grassroots Festival in Trumansburg, and is similar to several structures which have been built and located in the Trumansburg area, and WHEREAS, the structure is proposed to sit in the south end of the park where it can serve the users of the park, the patrons of the nearby coffee shop, as well as individuals transiting the park, by providing cover from the weather or protection from the sun, and WHEREAS, the Vogels have made an effort to engage the Fall Creek Community about their proposal for a public structure in memorial to their son who was a Fall Creek resident and frequent user of the park, and received substantial input, mostly favorable, and WHEREAS, the structure is portable and can be relocated inside the park, or to another mutually acceptable location as experience dictates, but currently has no provisions for handicapped access, now therefore be it RESOLVED, That the Board of Public Works thanks the Vogels for their generous gift and directs staff to coordinate with Mr. Vogel to assist in the transportation and installation of the pavilion as well as a ramp to provide handicapped access. Page 6 8.4113 Approval of Decorative Chain in Front of Monuments in DeWitt Park — Resolution WHEREAS, the DeWitt Park Restoration Committee has proposed the installation of decorative chains in front of the War Memorials located in DeWitt Park and, following review by the Parks Commission and submittal to the Protestant Church for any comments, the Board of Public Works requested reviews from both the City Planning Board and the Ithaca Landmarks Preservation Commission in their resolution of June 15, 2011, and WHEREAS, the Director of Planning has completed an expedited review for the decorative chains, and the Building Department has issued a building permit for following the review of the Landmarks Commission, now therefore be it RESOLVED, That the Board of Public Works approves the installation of Decorative Chains in front of the War Memorials in DeWitt Park and directs staff to coordinate with the DeWitt Park Restoration Committee to assist in the installation of the chains. Page 7 Board of Public Works June 15, 2011 REQUEST FOR SITE PLAN REVIEW AND LANDMARKS COMMISSION ACTION ON PROPOSAL FOR DECORATIVE CHAINS IN DEWITT PARK By Commissioner Goldsmith: Seconded by Commissioner Wykstra WHEREAS, the DeWitt Park Restoration Committee, a community group that includes military veterans, has made a proposal for action that is intended to discourage inappropriate use of and further damage to several memorials to local war veterans that are located in the central plaza of DeWitt Park; and WHEREAS, the proposal is for the installation of decorative chain fences approximately thirty inches high and located approximately one foot from the front of the Civil War, World War I and World War II monuments, which placement is intended in particular to discourage the riding of skateboards along the front base of said monuments, which activity has been causing physical damage to the monuments; and WHEREAS, the Restoration Committee has indicated that it is prepared to pay for the cost of installing the proposed fences; and WHEREAS, the Board of Public Works, on behalf of the City, wishes to pursue this possibility, for the purpose of protecting the monuments; and WHEREAS the owner of DeWitt Park, namely, the First Presbyterian Church, from whom the City of Ithaca leases the park, has indicated in a letter from its pastor, dated June 2, 2011, that the church supports the proposal; and WHEREAS, according to the City Attorney, the proposed action is exempt from environmental review, but requires site plan review (as a "project of limited scope ") and, because it would occur within the DeWitt Park historic district, either a report or a Certificate of Appropriateness from the Ithaca Landmarks Preservation Commission (depending on whether the proposed change is deemed to be to an improvement owned by the City, or owned by someone else — e.g., the church); now, therefore be it RESOLVED, That the Board of Public Works hereby requests that the City's Board of Planning and Development (or the Director of Planning and Development, for expedited review) facilitate and commence site plan review for the proposed chain fences, as soon as is practical; and be it further RESOLVED, That the Board hereby requests that the Ithaca Landmarks Preservation Commission facilitate and commence the appropriate review of and action on the proposed chain fences, as soon as is practical, so that the Board can vote on the proposal in the near future. Carried Unanimously CITY OF ITHACA - BUILDING PERMIT APPLICATION 108 East Green Street, Ithaca, New York 14850 Telephone: 607 - 274 -6508 Fax: 607-274-6521­....­­­. Building Permit Application must be submitted Mon.–Fri. 8AM -10AM or by appointment This side to be completed by Ap11 -1h PROJECT INFORMATION Project Street Address: r -- `�W � (�u.�'l� 315 rv'. C'�.�.��,n� c-a- �a-L^M �r� JUN � 4 L911 Tax Parcel Number (e.g. 55. -5 -5): U.-9-1\ Building/Room: Project Type: New Building ❑ Demolition/Removal ❑ Relocation ❑ Site Work ❑ Fill/Stock Piling ❑ a Repair ❑ Alteration -1 ❑ Alteration -2 I§ Alteration -3 ❑ Change of Occupancy ❑ Addition ❑ Estimated Cost: Permit Fee: General Contractor Contractor Licensed Electrical Contr. Licensed Plumbing Contr. City Registered Heating Contr. Receipt # Tel Tel Tel Tel Tel Existing Use C r� <-"2n ,rx, Proposed Use Project Location: gcJ-rV Project Description: I n5,±j1 \ \a �Q Cf- `(fie c�,r��i'tJ� ck�1:1 V1 11'1 .h' 3 f-}- Energy Code Compliance: Prescriptive ❑ REScheck/COMcheck ❑ Trade -off ❑ Worksheets ❑ Analysis ❑ Attached: Plans t4 Specifications ❑ Other documentation ❑ PROPERTY INFORMATION Zone Historic/Landmark Dist/Site 0 Flood Zone: l 00yr ❑ 500yr ❑ OWNER/APPLICANT INFORMATION (Please Print Legibly) Owner ��Ifer►�, Ow� Address 31 1V.(AAA ccL `y'$6o Tel G0i -®27a- pqFoo Applicant W,;Q,Zta -M J: f .V,6 Address tog! �"6 erg Sl; 1 .xca /qly5p Tel (p0 '7-;z79-& i Required liability and Workers' Compensation insurance carried by Owner ❑ .Contractors 06 will be in force at all times throughout operations Insurance on file or provided: ❑ Liability ❑ Workers Comp ❑ Disability ❑ State Waiver attached for WC/DIS. 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 filed with the Ithaca Building Department for approval before such changes are 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 permitted project will comply with all applicable codes, ordinances and regulations. By my signature I certify I have read and understand the above paragraph. Applicant Signature Revised 3/10/11 1I -L,4' 1 / Date G / /7 / A' This side for CITY OF ITHACA - BUILDING PERMIT Building Dept use only This form is deemed an application until approved and upon approval is a valid building permit 0 Project Address 1=y%l'tV PQ a— Permit # :?/ 6 Received Issued /Y // Renewed / / Denied Expires Z years after issue /renewal date ❑ Plans to GIS Completed / / By: Insp 1!;,L` HUD Project rf�) l` f1n2f'k--tt -JG e- Ent Constr. Class. Sprinkler System: Required Not Required None Assembly Posted Occupancy APPROVALS VARIANCES APPEALS SPR ❑ ILPC A !�6 -1/14/1, BZA ❑ CAB ❑ DOS ❑ DPB ❑ BCBA ❑ DEC ❑ 1FD ❑ DPW ❑ TCHD ❑ Other ❑ 19oard of Zoning Appeals: Granted Denied Case # Date ❑ ❑ Building Code Board of Appeals: Case # Date NYS Board of Review: Case # Date ■>• PERMIT APPROVAL This building permit is issued for the work described in this application, submitted plans, specifications and doc ents. These materials have been reviewed and found to be sufficient to issue a building permit. This permit is limited to the submi d work. revi e Wzoes not address all aspects of applicable codes, ordinances and regulations. It shall be the duty of every person pe ing wo on th, permitted project to comply with all applicable codes, ordinances and regulations. ' BUILDING PERMIT CONDITIONS Revised 3/10/11 the fit aca Building Department e�) %,-Cz S�C. r�,v 2. ZZS — :r7L?C_ CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JOANN CORNISH, ACTING DIRECTOR OF PLANNING & DEVELOPMENT PHYLISSA DESARNO, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning & Development — 607/274 -6550 Community Development/IURA — 607/274- 6559 Fax: 607/274 -6558 TO: Skip Schell, Senior Plan Examiner William Gray, Superintendent of Public Works Holly Hollingsworth, DeWitt Park Restoration Committee FROM: JoAnn Cornis , ' for of Planning and Development DATE: July 1, 2011 RECEIVED JUL 0 5 2011 Office of the Supt. and Engineering RF.: Request by the DeWitt Park Restoration Committee to place decorative chains in front of the War Memorials located in DeWitt Park I have reviewed the information submitted by the DeWitt Park Restoration Committee for the proposed decorative chains to be placed in front of the War Memorials located in DeWitt Park in the City of Ithaca. The information was also reviewed and recommended for Board of Public Works approval by the City of Ithaca Parks Commission at their February 8, 2011 meeting. This project was reviewed in accordance with City of Ithaca Ordinance No. 99 -15, Chapter 276, Site Plan Review, §276 -3 B., Projects of Limited Scope. This is a non - residential project in a non - residential zone where the total affected site area is less than 10,000 square feet. Provided all other requirements are satisfied, I approve of this proposal and the Building Department is free to issue the necessary permits for completion of the project. Please feel free to contact me if I can be of further assistance. 8.5A Authorization to Perform in the Mulholland Wildflower Preserve — Resolution WHEREAS, the Board of Public Works has received a request from Cynthia Stevens to undertake a community education program about water sources and the surrounding ecology through a multidisciplinary program which combines performance and audience participation at the Mulholand Wildflower Preserve which would occur over several evenings in early August 2011, and WHEREAS, this idea has been reviewed and recommended by the Natural Areas Commission in support of public education concerning ecology, water resources, and preservation of natural areas, and WHEREAS, Ms Stevens proposes to fund this project through her own efforts and envisions possible future programs of a similar nature at this site or other sites in the city, now therefore be it RESOLVED, That the Board of Public Works approves the initial request to make three one - hour programs on August 12 and 13, 2011, and looks forward to future opportunities to consider similar proposals for ecologically oriented performance art. Page 8 CITY OF ITHACA `+eA cl , 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 April 27, 2011 Amber Drumm Aldi -Tully Division PO Box 584 Tully, NY 13159 RE: Protest of Sidewalk Snow Removal Bill Dear Ms. Drumm: We are in receipt of your letter, dated April 10, 2011, in which you protest the fee charged for snow removal on February 18, 2011, and your account be reviewed for possible expungement of the bill. A copy of this letter is being forwarded to Ray Benjamin, Assistant Superintendent, for his review and recommendation. Once a recommendation is provided, your appeal will be brought before the Board of Public Works for discussion and final determination. You will be notified when the Board will discuss your appeal so that you, or your representative, may attend the meeting. If you have any questions, please do not hesitate to contact this office. Sincerely, Kathrin D. Gehring Executive Assistant kdg cc: Ray Benjamin, Assistant Superintendent of Streets & Facilities "An Equal Opportunity Employer with a commitment to workforce diversification." City of Ithaca 108 E. Green Street Ithaca, NY 14850 Dear Sir or Madam: Amber Drumm Aldi- Tully Division P.O. Box 584 Tully, NY 1319 , 464-1 7h 14j, "C' g4. -1 -$, April, 10, 2011 I am writing in regards to the invoice number 00014391 with a date of February 18,2011. After speaking with Ray Benjamin he offered the opportunity to appeal this invoice. My intent is not to appeal the total amount of $215.20 but only $165.20. On February 4th, 20111 was billed in the amount of $50.00 for snow removal from the sidewalk. I had been unaware that this service was performed until receipt of the invoice. No store personnel were informed that any work had been done at that time. Sometime after this occurrence a gentleman from the City of Ithaca was in the parking lot prior to open to inform me that the sidewalk needed to be maintained. As I entirely understand the necessity for maintenance in such a pedestrian friendly city I inquired why this has raised no concerns in the past ten years of operations. I assured him my snowplow contractor would be out to take care of it but he may not be able to come until the following day. He made it clear this was not sufficient so he offered to take care of the sidewalk that day. To clarify this service, I asked if it would cost the same $50.00 that it had the first time. He stated yes. This was the last I heard about this issue until a received an invoice of $215.20. After calling the Chamberlain's office several times it was established that they had in fact remembered agreeing to $50.00 but said it took extra time and equipment than previously. He had consciously decided to bill the additional time and equipment without informing any staff member or myself that this original agreed upon amount had changed. For the remaining portion of the season my snowplow contractor maintained the sidewalks for Aldi at the price of $25 per plow. While I understand this particular incident may have taken extra equipment to remove a snow pile, the contractor gladly would have removed this for us if I had been given the proper information to make a decision. In summary I am appealing the $165.20 portion of the invoice to honor the verbal agreement and I fully acknowledge the necessity to maintain sidewalks in following years. Sin erely, Amber Drumm RECEIVED APR 2 7 2011 Office of the Supt. and Engineering CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to . ALDI, INC INC - TULLY DIVISION ALDI PO BOX 584 TULLY NY 13159 Property : 505 -15 Third St Invoice From: Streets & Facilities Entry Date Item Category 01/29/2011 LABOR Invoice Date: 02/04/2011 Invoice # : 00014301 Account # : 00005114 Due Date : Streets & Facilities Division General Billing Information (607) 274 -6580 Information specific to bill (607) 272 -1718 Invoice Ref. SNOW REMOVAL Item Description REMOVE SNOW FROM SIDEWALK Additional Description: REMOVE SNOW FROM SIDEWALK Make check payable to : " " "` CITY OF ITHACA CHAMBERLAIN'S OFFICE 108 E GREEN STREET —I ITHACA NY 14850 ALDI, INC INC - TULLY DMSION ALDI PO BOX 584 TULLY NY 13159 Return this portion with your payment Qty Price Total 1.00 $50.00 $50.00 Total: $50.00 Invoice Date : 02/04/2011 Invoice # : 00014301 Please Pay on or before $50.00 03/07/2011 Amount Paid INV00014301 * INV00014301 * 00000000000000000143010000000000000400000001000000005000003 Aldi 505 -15 Third St., Ithaca, NY Snow Event: January 29, 2011 CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to : ALDI, INC INC - TULLY DIVISION ALDI PO BOX 584 TULLY NY 13159 Invoice Date: 02/18/2011 Invoice # : 00014391 Account # : 00005114 Due Date: 03/21/2011 Streets & Facilities Division General Billing Information (607) 274 -6580 Information specific to bill (607) 272 -1718 Property : 505 -15 Third St Invoice From: Streets & Facilities Invoice Ref. SNOW REMOVAL Entry Date Item Category Item Description Qty Price Total 02/08/2011 LABOR REMOVE SNOW FROM SIDEWALK 1.00 $215.20 $215.20 Additional Description: REMOVE SNOW FROM SIDEWALK Make check payable to : sir CITY OF ITHACA CHAMBERLAIN'S OFFICE e i 108 E GREEN STREET ...... ITHACA NY 14850 ALDI, INC INC - TULLY DMSION ALDI PO BOX 584 TULLY NY 13159 Return this portion with your payment Invoice Date Invoice # : Total: $215.20 02/18/2011 00014391 Please Pay on or before $215.20 03/21/2011 Amount Paid IN V 00014391 * INV00014391 * 00000000000000000143910000000000000400000001000000021520003 Aldi 505 -15 Third St., Ithaca, NY Snow Event: February 8, 2011 I+-em q , : Page 1 of 1 Bill Gray - Fwd: DRAFT Resolution for Use of City Property - Fall Creek @ Cayuga St. Planting From: "Scott Doyle" <sdoyle @tompkins - co.org> To: <bgray @cityofithaca.org >, <dhofftnan @cityofithaca.org >, <RAYB @cityofithaca.org> Date: 7/11/2011 12:11 PM Subject: Fwd: DRAFT Resolution for Use of City Property - Fall Creek @ Cayuga St. Planting Attachments: DRAFT_ BPW_ Resolution_Fall_Creek_Buffer 06 -27 -1 LDOC; FALL_CREEK_ITHACA_HIGH_EAF 06- 02- 09.DOC Ray, Bill and Dan: Would it be possible to finalize the attached resolution and present it for consideration at the July 20th or 27th BPW meeting? Scott Scott D. Doyle, AICP Senior Planner Tompkins County Planning Department 121 East Court Street Ithaca, NY 14850 http://www.tompkins-co.orp-/planninp-/ sdoylektompkins- co.org p - 607 - 274 -5560 / f - 607 - 274 -5578 >>> Scott Doyle 6/27/2011 11:37 AM >>> Ray, Bill and Dan: As follow up to last week's BPW meeting I have drafted the attached resolution for use of the City land on Fall Creek @ Cayuga Street. I've merged our resolution format with some of the recent City resolutions I have seen. The attached EAF was done back in 2009 when this project was initially proposed and can also be provided. Please take a look and let me know what you think. Thanks again for your time - thanks for your input on this proposed project. Scott Scott D. Doyle, AICP Senior Planner Tompkins County Planning Department 121 East Court Street Ithaca, NY 14850 htt[)://www.tomDkins-co.or2/r)lanninp-/ sdoyle@tompkins- co.org p - 607 - 274 -5560 / f - 607 - 274 -5578 file: //CADocuments and SettingsN11gTocal Settings\ Temp APgrpwise \4E1AE886coimain... 7/14/2011 RESOLUTION NO._ AUTHORIZING THE USE OF CITY LAND ON FALL CREEK FOR ESTABLSIHING A VEGETATED BUFFER AREA BY TOMPKINS COUNTY THROUGH THE FLOOD HAZARD MITIGATION PROGRAM WHEREAS, the Tompkins County Legislature established the Flood Hazard Mitigation Program in 2006, and WHEREAS, the Flood Hazard Mitigation Program Objectives includes enhancing the us of natural, sustainable flood mitigation strategies over structural approaches that support the goals identified in the County's Watershed Assessments, and WHEREAS, the Watershed Assessment for Fall Creek has identified several priority projects including establishing vegetated buffer areas to improve water quality and wildlife habitat, and WHEREAS, a 0.43 acre City of Ithaca owned parcel (Tax Parcel #2. -2 -7) on Fall Creek and Cayuga Street offers a highly visible location to establish a 100 -foot vegetated buffer area which demonstrates a buffer necessary for achieving water quality benefits, and WHEREAS, the Technical Committee for the Flood Hazard Mitigation Program has identified Tax Parcel #2. -2 -7 as an area for a potential project to establish a vegetated buffer to be funded through the Flood Hazard Mitigation Program, and WHEREAS, riparian plantings are a Type II — Unlisted action requiring no further review under the State Environmental Quality Review Act and the City Environmental Quality Review Ordinance, now therefore be it RESOLVED, on recommendation of the City of Ithaca Board of Public Works, That the County be granted permission for use of City of Ithaca Tax Parcel #2. -2 -7 to establish a vegetated buffer area to Fall Creek, and RESOLVED, further, that the City of Ithaca shall not advance actions that adversely impact the growth of this established buffer area. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT /SPONSOR: 2. PROJECT NAME: TOMPKINS COUNTY PLANNING DEPARTMENT FALL CREEK – ITHACA HIGH SCHOOL BUFFER 3. PROJECT LOCATION: Municipality CITY OF ITHACA County TOMPKINS 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map): TAX PARCEL #2. -2 -7, SMALL SECTION OF PROPERTY TO THE EAST OF N. CAYUGA STREET ON FALL CREEK 5. IS PROPOSED ACTION: New E-1 Expansion F-1 Modification /alteration 5. DESCRIBE PROJECT BRIEFLY: PROJECT SEEKS TO DEVELOP VEGETATED BUFFER USING NATIVE VEGETATION AND IMPROVE ACCESS TO FALL CREEK 7. AMOUNT OF LAND AFFECTED: Initially .5 acres Ultimately .5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes E-1 No If describe briefly no, 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? F(IResidential Industrial Commercial Fl Agriculture Park/Forest/Open Space Other Describe: PROJECT LOCATION EXISTS AS UNOFFICIAL PARKING LOT ADJACENT TO SCHOOL DISTRICT LAND 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OF LOCAL)? F] Yes F] No If list agency(s) and permits /approvals: yes, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes El No If list yes, agency name and permit/approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVAL REQUIRE MODIFICATION? Yes F1 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: TOMPKINS COUNTY PLANNING DEPT Date: Signature: PART II — ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? If yes, coordinate the review process and use the FULLEAF. Yes F T] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If no, a negative declaration may be superseded by another involved agency. Yes F-x--] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flood problems? Explain briefly: NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain: NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goals as officially adopted, or a change in use or intensity or use of land or other natural resources? Explain briefly: NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NO C6. Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: NO C7. Other impact (including changes in use of either quantity or type of energy)? Explain briefly: NO D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? Yes x No IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes F—xl No If yes, explain briefly: PART III -- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental character of the CEA. ElCheck here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and /or prepare a positive declaration. Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action x WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary the reasons supporting this determination. TOMPKINS COUNTY LEGISLATURE Name of Lead Agency MICHAEL KOPLINKA -LOEHR Print or Type Name of Responsible Officer in Lead Agency CHAIR, TOMPKINS COUNTY LEGISLATURE Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from resp. officer)