HomeMy WebLinkAbout10-12-11 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, October 12, 2011, at 4:45
p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca,
New York.
NOTE: A Public Information Meeting about the Water Treatment Plant is scheduled
to begin at 6 P.m. in Second Floor Conference Room.
Agenda
1. Additions or Deletions to Agenda (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
6.1 September 21, 2011, Regular Meeting Minutes
7. Administration and Communications
8. VOTING ITEMS
B.-I Buildings, Properties, Refuse and Transit
8.2 Highways, Streets and Sidewalks
8.3 Parking and Traffic
8.4 Creeks, Bridges and Parks
8.5 Water and Sewer
9. DISCUSSION ITEMS (As time allows. Note 6 p.m. end time)
9.1 Livable Streets
9.2 Appeal of Sidewalk Assessment for 105 Worth Street
9.3 Parking Lot at Fulton and Court Streets — Continued Discussion
9.4 Sidewalk Program Stop Work Order
9.5 BPW Meeting Schedule for November and December 2011
9.A FYI ITEMS
• Planning & Development Board Report for September 2011 from BPW Liaison
10. New Business
11. Adiournment
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 Pudic 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 a
author invited to attend.
Notes for BPW Aaenda. October 12. 2011
9.1 Livable Streets
The topic of Livable Streets has resurfaced, possibly in response to a recent transportation
forum held in Ithaca in late September 2011. Tim Logue tells me that he has participated in
discussion of items such as a neighborhood painting of an intersection but it has never come
to pass. I would like to start the discussion with the Board about the type of steps in the livable
streets tool box we would consider implementing in Ithaca. An example of one is the Portland,
Oregon permit process for modifying a city intersection. There is a lot of information and a
number of videos available to help envision the possibilities. If we can start the discussion it
will help determine what kinds of information we should gather for your review.
9.2 Appeal of Sidewalk Assessment for 105 Worth Street
Robert Terry is protesting his sidewalk assessment for 105 Worth Street. The material supplied
for your review is in response to that protest. Staff has reviewed the protest and a summary is
supplied here. Finally, a field visit was made in September 2011 to meet with Mr. Terry at the
site. The staffs recommendation is to deny the protest based on our review.
9.3 Parkina Lot at Fulton and Court Streets — Continued Discussion
Following the Board's consideration of the parking lot at the corner of Fulton and Court, I was
approached by a business owner who wanted to know if we would consider a deal similar to
that struck with the business owners on Inlet Island. In that case the City agreed to a fixed
price fee paid by the businesses to keep the lot open to the public as what appeared to be an
unpaid lot. I responded that I would have staff develop the backup material that would be
similar to that provided to the Inlet Island businesses in order to start the discussions. With the
Board's concurrence, I will send out Tim Logue's memo covering this topic.
9.4 Sidewalk Program Stop Work Order
As some measure of the success in reinvigorating our side walk program, we are getting
contractors doing work without the proper permits and have started issuing stop work orders in
order to get compliance. Sometimes it is work being done after the homeowner's work window
has closed. Sometimes it is work without a street permit, or without a tree permit. This can be
due to ignorance of the requirements, although it is usually in response to City notices about
defective sidewalk which contain information about the required permits. Recently, for one
contractor, it has been simple disregard for the process. The attached information is supplied
to bring the Board up to speed because I expect we will be banning at least one contractor
from working in the City for a year due to repeated violations. I expect this will result in a
protest. We are already learning some of the legal requirements (or recommendations) that
should be used with a stop work order.
Page 2
9.5 BPW Meeting Schedule for November and December 2011
The holiday season is nearing, and we noticed that a BPW meeting is scheduled for the
Wednesday before Thanksgiving and the Wednesday between Christmas and New Years
Eve. We would like a short discussion about whether to cancel these meetings, or reschedule
them for different days.
9.A FYI ITEMS
• Planning & Development Board Report for September 2011 from BPW Liaison
Govind has provided a report explaining the accomplishments of the Planning
and Development Board during September.
MLLLamj. grain, P.E.
Superiwtenoienx of Public WoV25
October }, 2011
Page 3
Page I ot4
Item 9 I
Kathrin Gehring - Re: [ FCNA Ithaca I livable streets
From:
Govind Acharya <govind73 @gmail.cwm>
To:
Robert Morache <robmorache @gmail.mm>
Date:
9/30/2011 11:43 AM
Subject:
Re: [ FCNA Ithaca ] livable streets
CC:
BPW <bpw @cityofithaca.org >, Tom Knipe <tom.knipe @gmail.com >, Fernando
Dearagon <fearagon @tompkins- co.org >, Chris Proulx <chris.proulx @gmail.cwm >,
Noah Demarest <noah.demarest @gmaiLcom>
Attachments:
irordinance- 175937.docx
When it is on the BPW agenda, we can include this attached resolution that was passed by the Portland
City Council and was found on the website that folks in Fall Creek were talking about. But since this is a
BPW matter and not a city council matter in Ithaca, we can modify it as appropriate to our needs.
best,
Govind
On Fri, Sep 30, 2011 at 11:31, Robert Morache <robmomchefa�enail.com> wrote:
I second Govind's request for this to be put on our BPW agenda.
I wonder if a trail of intersection repairs could be strung along the route to the farmer's market,
celebrating each neighborhood? maybe also along our proposed bike greenway routes?
.,
a Fri, Sep 30, 201 I at 9:42 AM, Govind Acharya < ovind73g Po ail com> wrote:
I would like this potential project to be put on a BPW agenda.
Thanks!
Govind
- -- Forwarded message - - - - --
From: Carl Cornell <shoichoi@ZmaB.com>
Date: Fri, Sep 30, 2011 at 08:50
Subject: Re: [ FCNA Ithaca ] livable streets
To: Chris Proulx <chris.nrouIx ,gmail.com>
Cc: Tom Knipe <tom.knip& ail.com >, "fdearaeon80aunail.com" <fdeamaon86algmail.com >,
"noah.demarestOmmail.mm" <noah demarest&gmail.com >, "fcna -ithaca oo le rou s.com"
<fcna- ithaca(o),uooelearouos.com>
This is an AMAZING idea I would love to help participate in any way possible. Lets get this
project going!
— Carl Came]]
file: / /C:\Documents and Settings\kgehring\Local Set tings \Temp\XPgrpwise \4E85AB63coi... 10/3/2011
Page 2 of 4
On Fri, Sep 30, 2011 at 8:14 AM, Chris Proulx <chris.yroulxagmail.cwm> wrote:
Tom,
This site is great. Thanks for forwarding. The link to the City Ordinance is also helpful and
should serve as a useful template for something we can adapt for use in Ithaca.
Chris
On Sep 29, 2011, at 10:05 PM, Tom Knipe <tom.knipe@,gmail.cor > wrote
Fernando, Noah and FCNA;
Yeah for Intersection Repair! Here's a good resource from City Repair, the group that
organizes these in Portland: hUp 8citvrepair.orWhow-
to/placemakine/intersectionrepair/ . In includes a short description of how to
organize an intersection repair project (plan a potluck with your neighbors!), a
painting logistics primer, and the City of Portland ordinance.
Speaking of inspiration, here's a link to a Streetfilm that we didn't show last
Thursday, but that showcases another idea that would be great for Ithaca: Sunday
Parkways (aka: Sunday Streets, Streets Alive,Cyclovia, Open Streets, Summer
Streets, Summer Parkways). bM://www .strmtfilms.org/portlmds-sunday-parkways
A group of us did some initial work on this earlier this year—might be time to pick
this up again for summer 2012 launch.
Regards,
Tom
Fernando 4dearaeon8ammail.com> Sep 28 10:22AM -0700 A
Last week several local organizations sponsored a free Livable Streets
fihn festival at Cinemapolis. The event was attended by an
enthusiastic full house.
Here is a link to the Film Festival program so people can see most of
the videos:
http• / /mobilitymanager weebly.com/livable -streets - film - festival.html
The films offer many good ideas to improve the livability of our
streets.
I particularly like film number 10: Intersection Repair, and its
potential for application in our neighborhood - check it out.
fde:HC: \Documents and Settings\kgehring\Local Settings \TempIXPgrpwise \4E85AB63coi... 10/3/2011
Page 3 of 4
Regards,
Fernando
Noah Demarest <noah.demarest(a)gtttail.com> Sep 28 02:05PM -0400 ^
Hi Fernando and FCNA,
I REALLY want to do the fast intersection repair at Aurora and Marshall. It
is about halfway between the Commons and the Fall Creek school and would
serve as a really great traffic calming device. There are no stop signs
along the entire stretch of Aurora so cars get going pretty fast.
The Aurora Dwelling Circle and CSA pick up are associated with this
intersection as well as Deb's Treasure tree and we have been using the
utility pole as a freecycle station for construction materials for the past
3 years as we renovate our house (amazing how fast old lead paint covered
doors and even rotting wood palettes will be claimed!). Kids frequently
setup lemonade and vegetable stands as well.
I have many ideas for how these things could all come together to make this
the most amazing intersection in Ithaca! Just need a little paint
and permission from the City.
Anyone else interested in helping to get this going? I bet we could get a
flash mob tonight with all of our half empty cans of paint in our basements
I ust through this list serve alone. But perhaps we could have an open
competition to come up with the moral design first and then we organize the
flash mob.
Thanks,
Noah Demarest RA, RLA, LEED AP
HUMAN ENVIRONMENT DESIGNER
607.262.0305
405 E. Marshall Street
Ithaca, NY 14850
tomknioe.wordoress.com
503.349.6055
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City Ordinance No. 176937
passed by Portland, Oregon City Council 09/19/01
Conditions of Revocable Permit to Modify City Intersections
(1) The permittee shall hold the City of Portland, its officers, agents, and employees free and harmless from
any claims for damages to persons or property, including legal fees and costs of defending any actions or
suits, including any appeals, which may result from permitted activity.
(2) The intent of a proposed project and the likely outcome of such project shall be consistent with the goals
of the Portland City Council.
(3) The two streets must be classified as Local Service Streets and carry less than a combined 2,500 vehicles
on an average day.
(4) The applicant for a permit must provide to the City Traffic Engineer a petition of support for the
proposed intersection modifications. The support petition must have signatures from each of the adjacent
residents and at least 80 percent of the residents on the project street frontage(s) within two standard
city blocks of the proposed project. The City Traffic Engineer shall have the authority to modify the
petition boundaries when considered appropriate. The City Traffic Engineer shall certify the accuracy of
the petition.
(5) The applicant for a permit must provide the City Traffic Engineer with a written description of the
proposed changes, including diagrams depicting how the intersection will look when completed. The
applicant must demonstrate how the project will improve, or at least maintain, traffic safety and the
safety of individuals at or in the vicinity of the intersection.
(6) The City Traffic Engineer may approve a revocable permit authorizing construction and maintenance of
the project as described and shown in the submitted diagrams, subject to any changes that may be
required by the City Traffic Engineer.
(7) The permit shall be for use of the public right -o£ -way only, and does not exempt the permittee from
obtaining any license or permit required by the City Code or Ordinances fm any act to be performed
under this permit. Nor shall the permit waive the provisions of any City Code, Ordinance, or the City
Charter, except as stated herein.
(8) The permit shall not exempt any party from complying with all applicable traffic laws, including laws
regarding pedestrians.
(9) The permittee is not authorized to do any excavation, except as specifically identified in the project plans.
The permittee shall be responsible for protecting all public and private facilitates placed in the public
right-of-way, including underground utilities.
(10) The permittee shall notify all households and businesses within four standard city blocks of the proposed
project at least 30 days before the project installation date.
(1 1) The permittee shall obtain a Block Party Permit to close all legs of an intersection, for up to one block
distance, in order to install the intersection modifications. Permittee shall use Type DI barricades and
STREET CLOSED signs as provided in the Manual of Uniform 7}zdWe Control Devices No street shall
be blocked for more than 12 hours in any 24 -hour period unless specifically allowed by the City Traffic
Engineer.
(12) Repair, maintenance, or installation of existing or future utility facilities in the right-of-way may require
the permittee to reconstruct, move, or remove the project, or portions of the project, with all costs home
by the permittee.
(13) The permittee shall work with all affected neighbors to resolve any concerns that may arise regarding the
project. The inability to resolve such concerns may he grounds for revocation of this permit by the City
Traffic Engineer.
(14) The permittee shall maintain, at no cost to the City, all aspects of the project during the term of the
permit. If any nuisance condition is allowed to exist in the area of the project, the City may summarily
abate such nuisance. The existence of a nuisance in the area of the project may be grounds for revocation
of the permit.
(15) All permits shall be revocable by the City Traffic Engineer. The City Traffic Engineer may revoke a
permit for my cause. The City Traffic Engineer shall immediately revoke a permitted project no longer
meeting the intent of City Council goals.
(16) The permittee shall, at no cast to the City, remove all aspects and/or features of a project when either the
permit expires or is revoked.
TBA \COUNCIL \ORDS \2001 \ORD18 BURCHFIELD- REVOCABLE CONDITIONS.DOC
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From:ST6EETS ONO FACILITIES 607 +272 +4374 09/30/2011 15:24 #589 P.007I009
�yas_*s4�v CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850.6590
1�
' DEPARTMENT OF PUBLIC WORKS
William J. Gray, P.E. Superintendent / City Engineer
Telephone: 607/274-6527 Fax: 607/2746587
''baG'fE
April 5, 2011
Robert & Linda Terry
107 Worth St.
Ithaca, NY 14850
RE: Sidewalk Bill Appeal
Dear W. & Mrs. Terry:
We are in receipt of your letter, dated April 1, 2011, in which you request that the
sidewalk adjacent to your property be inspected for quality and your account be
reviewed for possible expungement of the sidewalk replacement bill. Your
request has been forwarded to City staff for 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 may attend the
meeting.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Kathrin D. Gehring
Executive Assistant
kdg
Ffom:ST6EETS ONO FACILITIES
April 1, 2011
607 +272 +4374 09/30/2011 15:24 #589 P.004/009
West Shore Apartments
Robert I? & Linda J. Terry
107 Worth Street
Ithaca, NY 14850
(607) 273 -7368 — (607) 275 -6868
To: Mr. William Gray, DPW Board of Public Works
From: Robert & Linda Terry
Subject — Defective Work sidewalk replaced— 105 Worth St.
Inv. 00013989, Account #00000915
RECEIVED
APR 0 5 2011
Office of the
Supt. and
Engineering
cc. i yAruc
On December 31, 2010 we wrote a letter formally requesting that the $2,631.32 surcharge
be adjusted and removed from our account at 105 Worth Street for sidewalk
replacement. (Copy Attached)
Today, there appears to be additional problems with the work itself The side walk is
scaling, pop- coming, control joints were not struck straight, the curbing has serious
cracks. This certainly calls to question the quality of the cement after only one winter.
In addition to our original complaint the quality of the concrete certainly is in question.
We are requesting a refund of the $10,525.29 or replacement of the walk. We are also
requesting the status of removing the $2,631.32 surcharge from our account.
lY,
o rt E.'ry, Owner
Linda J.1
. Terry, Owner
Attachment — Letter of 12/31/10
Froa:STREETS OND FACILITIES 607 +272 +4374 09/3012011 15:24 #589 P.0051009
December 31, 2010
Wear ShoreApornnenrs
Raberr F- & Linda J. Terry
107 WarM steer
llltaca, New York 14850
(60) 173 -7368— (60;9 277- 7111
ww - WestshomApiscom
To: &1r. William Gray, DPW Board of Public Works
From: Robert & Linda Terry
Subject Pr
- U
otest of surcharge on sidewalk repairs - 105 Worth Street, Ithaca, NY.
This fall, city crews repaiied /replaced sidewalk at 105 Worth Street, Ithaca, NY. We subsequmdy
received an invoice for W,156.61 which is comprised o£ $10,525.29 for the work completed along
with an additional $2,631.32 surcharge
We are protesting the surcharge for the following reasons:
• The cost of the sidewalk "Plus completed is over and above the going market rate
• The sutcharge is excessive, capricious and completely unnecessary
In 43 years of owning property in Ithaca, we have either completed sidewalk repairs or replacement
on our own or with independent contractors, however the reason why we did not move ahead and
make the necessary repairs in this case was due to the tremendous ambiguity between governmental
entities of Ithaca with regard to policies and areas of responsibility with regard to replacement of
sidewalks in recent times. We had numerous interactions with the engineering department (Lynn
Yost etc.) to discuss this matter with no resolution. Finally, when the new, cttrrent, policy was
formally announced in the Ithaca Journal, we attempted to obtain a sidewalk permit to complete
necessary repairs and were denied a permit You can only imagine our fiustration at this juncture,
the ability to do so. We have
being willing and able to have the work performed and being denied
paid the $10,525.29 for the repairs that were made, however we are protesting the surcharge W
both capricious and unnecessary. which is
Although we made the $10,525.29 payment, we believe this rb' a is already above them, t tale
fit the wink that was completed. You would not allow us to complete the sidewalk repair work
ourselves, however for due - diligence purposes, we had independent contractors quotes this project
for us and found the following
1) the amount you charged us higher than contractor bids for this work to be completed
2) independent contractors include the same scope of work and their lower price includes
administrative fees, permits etc.
We are formally requesting that the $2,631.32 surcharge be adjusted and removed from our account
at 105 Worth Street. Ithaca, NY.
cet CC..
,,-'/'�� i
Robert E. b& � .
Linda J. Terry, Owner
West Shore Apartments, 107 Worth St Ithaca, NY 14850
From:STBEETS OND FACILITIES 607 +272 +4374 09130/2011 15:23 #589 P.0011009
9
7/10/2008
Robert E Terry
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -5690
OFFICE OF 'IH6 CITY &NGINEeR
TelepG e: 6071x7 WU Paz: 007/274 -8687
107 Worth St.
Ithaca, NY 14850
SIDEWALK NOTICE OF DEFECT
LOCATION: 105 Worth St.
TAX PARCEL #: 66.-10-1
City of Ithaca has inspected the condition of the public sidewalk along the street at this
address. At this time of inspection, the following sidewalk was found to be defective:
TREE DAMAGED WALK:
225 square feet of 4" thick sidewalk
0 square feet of 6" thick sidewalk
OTHER DAMAGED WALK:
900 square feet of 4" thick sidewalk
150 square feet of 6" thick sidewalk
This location is on the City's repair list and will remain on the fist until the repair work is
completed by you or by the City. At the first opportunity, all defective sidewalk found at
this location at the time of the work will be replaced. City of Ithaca Code requires that
sidewalk repairs made by City of Ithaca be billed to the owner at cost plus 25 %.
You are encouraged to hive a contractor to do your repairs. Obtain a sidewalk permit so
the location can be removed from City of Ithaca's repair list when work is completed.
Please read the attached document and if you still have questions, you may contact the
Office of the City Engineer at 607- 274 -6532.
City of Ithaca, NY
Office of the City Engineer
From:STREETS ONO FACILITIES 607 +272 +4374 09/30/2011 15:23 #589 P.DD2 /009
r
11•
Robert E Terry
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -5690
WITH.'/. or ME CRY ENnmRER
T.l ,h m: 9w /a] MZU F"z: 90/114 -MYF
107 worth St.
Ithaca, NY 14850
SIDEWALK NOTICE OF DEFECT
LOCATION: 105 Worth St.
TAX PARCEL M 66. -10-1
City of Ithaca has inspected the condition of the public sidewalk along the street at this
address. At this time of inspection, the following sidewalk was found to be defective:
TREE DAMAGED WALK:
225 square feet of 4" thick sidewalk
0 square feet of 6" thick sidewalk
0 grind locations
OTHER DAMAGED WALK:
900 square feet of 4" thick sidewalk
150 square feet of 6" thick sidewalk
0 grind locations
This location is on the City's repair Est and will remain on the list until the repair work is
completed by you or by the City. At the first opportunity, all defective sidewalk found at
this location at the time of the work will be replaced. City of Ithaca Code requires that
sidewalk repairs made by City of Ithaca be billed to the owner at cost plus 25 %.
You are encouraged to hire a contractor to do your repairs. Obtain a sidewalk permit so
the location can be removed from City of Ithaca's repair fist when work is completed.
Please read the attached document and if you still have questions, you may contact the
Office of the City Engineer at 607 -274 -6532.
City of Ithaca, NY -
Office of the City Engineer
I
i
i
Fron:STBEETS OND FACILITIES 607 +272 +4374 0913012011 15:24 #589 P.008/009
SIDEWALK REPORT
LOCATION: 105 Worth St.
PARCEL: 66. 404
NOTICE STAGE:
ALL 4 WALK S:
$10,015.04 j
NOTICE:
FINAL n
UNIT COST GR :
25
WORK BK•
CITY
E C4 WALK SF:
_ 225
DEBTOR:
OWNER
EC4 WALKS.
$2.569.50'
TYPE.
TREECREW
EC6 WALK SF:
0
WORKSITE:
CLOSED --
E C6 WALK S:
_ $0.00
OWNERI:
Robert r Terry -
E C GRIND.
91
OWNER2:�
ECGRIND S:
_.,,_..$0.00
MAIL STREET:
101 worm st.
ECSUB TTL S:
Sz 569.501
MAIL CITY.
Ithaca. NV - - - — _ - - j
E 04 WALK SF.
960
MAIL ZIP:
14850 - -
E 04 WALK $:
$10,275.00
DATE LETTER:
E 06 WALK SF.
150
DATE FIELD:
_
E 06 WALK $:
$1,557.00 -
DATEASSESS:
-
E O GRIND:
0
DATE COMPL:
E O GRIND S:
$0.00.
UNIT COST 4 ":
11.42:
E O SUB TTL S:
$1 2.166.00
UNIT COST 6r':
12.55.
FIELD STAGE:
CY_CONC:- - 0
O SPEC NEEDS:
WORK DATE:
CIT 4 WALK SF: _ _ _ _ 255.
CIT 6 WALKSF. 0
ASSESSMENT STAGE
ALL 4 WALK SF:
912'
ALL 4 WALK S:
$10,015.04 j
ALL 6 WALK SF:
.24025,
ALL 6 WALKS:
$3,,012.33,
ALL GRIND:
�.. 01
ALL GRIND S.
'. _ $6.60 i
ALL SUB TTL S:
$13.437.36
CIT 4 WALKS:
$2.912.101
CIT 6 WALK P
$0.00,
CITY GRIND $:
;0.00
C GRIND DONE: __..
a'
OWN WALK SF:
$7.50294
OWN 6 WALE SF.• _
za0z5
O GRIND DONE:
u
NOTES:
1012E red
715107 Inspection
108 Inspection updated! See previous defect notice.
8123111 site visit w/ovmer m: pmtest
Tuesday. August 23, 2011 Sidewalk Alanaeentenf GIS UfRin Ream
CIT SUB TTL P
$2,912.10
OWN 4 WALKS:
$7.50294
OWN 6 WALKS:
$3.022.34
OWN GRIND $:
_ $0.00
OWN SUB TTL $:
$10.525.z5
ADDED25%:
_$2,631.32
ASSESS $:
;13,156.60
ERA:
2016
From:ST6EETS OND FACILITIES 607 +272 +4374 09130/2011 15:24 #589 P.006 1009
yos!?!!r CITY OF ITHACA
`;' -,t, 108 East Green Street, Ithaca, New York 14850 -6590
' DEPARTA�NT OF PUBLIC WORKS
scC \.. _ %O00 William J. Gray, P.E. Superintendent / City Engineer
9pd�;rtp� Telephone: 607 /274-6527 Fax: 607/274 -6587
MEMORANDUM
TO:
Lynne Yost, Assistant Civil Engineer
FROM:
kthy Gehring, Executive Assistant
DATE: April 5, 2011
RE: Sidewalk Assessment Appeal
Our office has received an appeal of the sidewalk bill from Robert and Linda Terry of
105 Worth Street. Please review the attached protest and provide information, if any,
regarding the accounts, along with your recommendation so the protest can be brought
before the Board of Public Works for approval or denial.
Thank you for your assistance.
kdg
Enclosure
E
CITY OF ITHACA Item 9.3
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607274 -6530 1u: 6072746587
To: Bill Gray, Superintendent of Public Works
From: Tim Logue, Transportation Engineer
Date: October 3, 2011
Re: Parking Lot at Court Street & Fulton Street
You asked me to look at what a fair payment might be if someone wanted to pay
the City in order to keep the parking lot at the corner of Court Street and Fulton
Street free to the public, similar to the agreement that was made for the large
parking lot on Inlet Island. I've looked at the lot from four angles: 1) expected
revenue, 2) maintenance costs, 3) potential tax revenue if it was on the tax roles,
and 4) a recent lease agreement.
Expected Revenue
Last fall we looked at potential revenue from this lot based on a $20 /month
permit and $1 /hour meters. After a few iterations, we estimated that in the first
year, the lot might be able to produce just under $3,000 for the year. After that
the meters would be paid for and the lot might produce on the order of $10,000
per year. That analysis is attached.
Maintenance Costs
In order to maintain the parking lot, the following activities and estimate costs
would be required.
Operation costs: Snow plowing & grounds maintenance $1,000
Paint striping
$ 300
Sign replacement
$ 100
Annual operating costs
$1,400
Capital costs: Repaving
$40,000
(approx 400 tons ® $100/ ton)
Sidewalk repairs
$14,520
(approx 1,200 s.f. @ $12 /sf)
Total capital costs
$54,520
A capital recovery factor based on a 20 year life cycle and
a 5% time value of money would yield an annualized cost of $4,374
Total annual costs $5,774
An Equal opportunity Employer with a commitment to workforce diversification." CJ
Potential Tax Revenue
There are three nearby parcels that are somewhat comparable to the parking lot
at Court & Fulton. Note: the City tax rate for 2011 is $1263/$1,000 of assessed
value. The lot at Court & Fulton is 70' x 172' = 12,040 square feet.
506 -508 Esty Street (Parking lot across from Friends of the Library)
Area is 96' x 134'= lZ864 sf
2011 County assessment = $150,000 (fully exempt)
Square foot assessment is thus $11.66/sf
Based of the area of the lot at Court & Fulton and this assessed rate, the lot would
produce about $1,800 per year in City taxes.
602 West Seneca Street (site of future lacovelli apartments)
Area is 0.40 acres = 17,424 at
2011 County assessment as commercial vacant with improvements = $250,000
Square foot assessment is thus $14.34/sf
The lot at Court & Fulton is 12,040 square feet, so at this rate it would be assessed
at about $172,000 and would thus produce about $2,180 /year in City property
taxes.
ID Booth parking lot (lust west of building, tax parcel 52.- 3 -5.3)
Area is 136.5' x 233' = 31,804.5 square feet
2011 County assessment is $150,000
Square foot assessment is thus $4.72 /sf
At this rate, the lot at Court & Fulton would produce about only $718 /year.
Based on these three comparable lots, it is reasonable to think that the lot might
generate on the order of $1500 per year in City property taxes. If the lot was
redeveloped and a building was constructed on site, the assessed value could
increase by a factor of 5 to 10 times.
Lease terms
Based on the notes from the October 13, 2010 Board of Public Works approval of
the terms for a lease agreement in regard to the parking lot at 611 West Buffalo
Street, a fair rental value for use of improved City property in this area would be
$1.35 /square foot /year. At 12,040 sf, use of the City lot would thus be worth
about $16,254 per year.
Based on these calculations, I would say that a fair payment to the City, in order
to keep the parking lot free to the public, would be at least $6,000 per year and
perhaps upward of $10,000 /year.
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CITY OF ITHACA
108 Fast Green Street Ithaca, New York 14850 -5690
❑F:PARTMENT OF PUBLIC WORKS
a'illiant J.Gray. P.E. Superintcnarnt i City Entunecr
Telephonc: 6072744A27 Fax 607/2'4 -MR7
October 5, 201 1
Nick Stavmpolous
318 Taylor Place
Ithaca, NY 14850
Re: Stop Work Order for Worksite at 413 Dryden Road
Dear Mr. Stavropolous,
It has mine to the City of Ithuca's attention that construction work (driveway apron excavation)
is occurring along the Fairmount Ave. 6nntage of 413 Dryden Road on City property without the
required Street Permit.
Therefore, in accordance with City Code Section 342 -10, and by order of the Superintendent of
Public Works, all work at the site must immediately cease and all equipment most be removed.
If you have any questions related to this order, you can contact my office at 274-6527
Very [m
William J. Gray, P.E.
Superintendent of Public Works
cc: Robert Samchan, City Prosecutor
-An F.gaal 0, ,mmrauy Employer wnh a mmmhmenr n, workforce dhrrsl0catkat -
0
oE*ITW� CITY OF ITHACA
,�t.•.. -....
4t tips 108 East Green Street Ithaca, New York 14850 -5690
0 ➢4� �
DEPARTMENT OF PUBLIC WORKS
cO4'ObpOTEO `� willonn J.Gray, PE. Superintendent / City Engineer
Telephone: 607/274 -6527 F"i 607274 -6587
September 29, 2011
Mark Iacovelli
76 Michigan Hollow Road
Spencer, NY 14883 -9616
Nancy Tromer
512 North Plait Street
Ithaca, NY 14850
Re: Stop Work Order for Worksite at 512 North Plain Street
Dear Mr. Iacovelli and Ms. Tresner:
In accordance with City Code Section 342 -10, and by order of the Superintendent of Public
Works, the Street Permit #6642, issued to Mark lacovelli, for sidewalk repairs at 512 North Plain
Street is hereby revoked All work at the site most immediately cease and all equipment must be
removed at no cost to the City of Ithaca.
If you have any questions related to this order, you contact my office at 274 -6527.
Very truly yours,
Will G*' r.IT.
Superintendent of Public Works
r
cc: Robert Sarachan, City Prosecutor
'An Equal Opportuniry Employer with a commitmcnt to workforce, diversificano,i Cd
City of Ithaca, NY
http : / /www.mode360,con✓prirt/iTI348 /form ?guid = 8387293
Cftyorahaca, NY
CVv�w 14b: $'3,16rj Cie 61forrerrtenr Fntlay, Seplember30,2011
§ 146 -7. Stop -work orders.
A. The Code Enforcement Officer is authorized to issue stop -work orders pursuant to this section. The
Code Enforcement Officer shall issue a stop -work order to halt:
(1) Any work that is determined by Code Enforcement Officer to be contrary many provision of
the Uniform Code, the Energy Code, or the City of Ithaca Zoning Ordinance, Editor's Note.' See
Ch. 315. Zoning. without regard to whether such work is or is not work for which a building
permit is required and without regard as to whether a building permit has or has not been
issued; or
(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code
Enforcement Officer, without regard to whether such work is or is not work for which a
building permit is required, and without regard to whether a building permit has or has not
been issued; or
(3) Any work for which a building permit is required which is being performed without the
required building permit, or under a building permit that has become invalid, has expired, or
has been suspended or revoked.
B. Content of stop -work orders. Stop -work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Commissioner or authorized code enforcement personnel;
(3) State the reasons for issuance;
(4) If applicable, state the conditions which must be satisfied before work will be permitted to
resume.
C. Service of stop -work orders. The Building Commissioner or authorized code enforcement personnel
shall cause the stop -work order, or a copy thereof, to be served on the owner of the affected
property, and if the owner is not the permit holder, on the permit holder, personally or by first class
mail. The Building Commissioner or authorized code enforcement personnel shall be permitted, but
not required, to cause the stop -work order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop -work order, personally or by first class mail;
provided, however, that failure to serve any person mentioned herein shall not affect the efficacy of
the stop -work order.
D. Effect of stop -work order. Upon the issuance of a stop -work order, the owner of the affected
property, the permit holder, and any other person performing, taking part in or assisting in the work
shall immediately cease all work which is the subject of the stop-work order.
E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy
available to address any event described in Subsection A of this section, and authority to issue a
stop -work order shall be in addition to, and not in substitution for or limitation of, the right and
authority to pursue any other remedy or impose any other penalty under this chapter or under any
other applicable local or state law. Any such other remedy or penalty may be pursued at any time,
whether prior to, at the time of, or after the issuance of a stop -work order.
I of 1 9/30/2011 10:29 AM
City of Ithaca, NY
Article VII. Penalties
§ 146 -50. Penalties for offenses.
http: / /www.mode360.coiWprirt/rr 1348
Cilyofllhaca, NY
Friday Seplemoer30. 2011
)Amended 4 -6 -2011 by Ord. No. 2011 -021 In accordance with § 383 of Article 18 of the Executive Law
of the State of New York:
A. It shall be unlawful for any person, rim or corporation to construct, alter, repair, move, equip, use
or occupy any building or structure or portion thereof in violation of any provision of law or
ordinance as well as any regulation or rule promulgated by the Building Commissioner in
accordance with applicable laws, or to fail in any manner to comply with a notice, directive or
order of the Building Commissioner or to construct, alter, use or occupy any building or structure
or part thereof in a manner not permitted by an approved building permit or certificate of
occupancy. No person shall commence any work for which a building permit is required without
first having obtained a building permit issued by the Building Department-
B. If a property is in violation of any provision of this chapter, the owner of the property shall be
guilty of an offense. In addition, any other person who shall violate any provision of this chapter
shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless
otherwise provided herein. Each offense shall be punishable by a fine of not less than $100 nor
more than $250, unless otherwise provided herein.
C. Any person who shall fail to comply with a written order of the Building Commissioner within the
time fixed for compliance therewith and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any other person taking part or
assisting in the construction or use of any building or any property who shall knowingly violate any
of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of
the Building Commissioner made thereunder shall be punishable by a fine of not less than $250
nor more than $500. Each day that a violation continues shall be deemed a separate offense.
D. Except as provided otherwise by law, such violation shall not be a crime, and the penalty or
punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair the credibility as a witness,
or otherwise, of any person found guilty of such offense.
§ 146 -51. Other remedies.
Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to
restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or
to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition
to penalties otherwise prescribed by law.
§ 146 -52. Penalties for aggravated violation.
If any person fails to comply with the written order of the Building Commissioner within the time fixed for
compliance therewith or if any owner, builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents or any other person taking part or assisting in the construction or use of any
building or any property should knowingly violate any of the applicable provisions of law or any lawful
order, notice, directive, permit or certificate of the Building Commissioner made thereunder and, as a result
of such failure to comply or such violation, injury occurs to any person, property or building, whether or
not the person, property or building so injured is the cause or subject of said violation(s), then the person
1 oft 9/30/2011 1029 AM
City of Ithaca, NY
http: / /.ww.ecode360.corrVpri NIT 1348
who failed to comply with the written order of the Building Commissioner or the person who knowingly
violated the applicable provision of law or order, notice, directive, permit or certificate of the Building
Commissioner shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000
or imprisonment for net more than one year. For the purpose of establishing the maximum amount of fine
that may be assessed, each day that a violation continues shall be deemed a separate offense.
2 oft 9/30/2011 10:29 AM
Sample. Lc;�-ejr
RE: Order to stop construction work as noted at
Dear :
You are hereby ordered by the City of Ithaca Building
Commissioner to stop construction work at for the following
reasons:
1.
Your rights are detailed in the Municipal Code (see
enclosure).
The order to stop work may be appealed to the Building Code
Board of Appeals of the City of Ithaca. Your written intent to
appeal must be received within seven (7) days of the date of this
order. Upon receipt of your request, a meeting of the Building
Code Board of Appeals will be scheduled, and you will be notified
of the date of the meeting.
If you have any questions regarding this order or the appeal
procedure, please contact Code Inspector at 274 -6508.
sincerely,
For the Building Department
Phyllis Radke, Building Commissioner
PR /kb
Enclosure
cc: City Attorney Schwab
ordetopw
RE: Order to Remedy and Secure &VY1Y I`
Dear 1
As the result of a fire
This letter is to advise you that because NYSEG measured
dangerously high levels of carbon monoxide today at the Taste of Thai and
Benchwarmers at 214 -216 East State Street, I am causing these businesses
to be posted with the notice that "These restaurant are unsafe and their
use and occupancy has been prohibited by the Building Commissioner of the
City of Ithaca, New York."
Chapter 146 -8 of the City of Ithaca Municipal Code states in part
that "all buildings or structures which are structurally unsafe,
unsanitary or which constitute a fire hazard or are otherwise dangerous
to human life, or which in relation to existing use constitute a hazard
to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence or abandonment are severally, for the purpose of this
Article, unsafe buildings. All such unsafe buildings are hereby declared
to be illegal and shall be abated by repair or demolition in accordance
with the procedure of this Article."
AS BUILDING COMMISSIONER OF THE CITY OF ITHACA, I AN HEREBY
DECLARING THAT THE TASTE OF THAI AND BEHCHWARMERS AT 216 EAST STATE
STREET, ITHACA, NEW YORE, ARE UNSAFE, AND AM PROHIBITING THEIR USE AND
OCCUPANCY UNTIL SUCH TIME THAT SAFE CARBON MONOXIDE READINGS ARE
CONFIRMED BY NYSEG WHEN THE RESTAURANTS' HOOD SYSTEM ARE ON.
Your rights to appeal this order are detailed in the Municipal
Code, Section 146 -14.
If you have any questions regarding this order or the appeal
procedure, please contact me at 274 -6508.
Sincerely,
For the Building Department
Phyllis Radke, Building Commissioner
PR/
Enclosure
CC: Fire Chief Wilbur
Police Chief Loo
Superintendent Gray
City Attorney Luster
.rd,. l
Item 9.5 — BPW Meeting Date
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Planning Board report to BPW September 2011 Page 1 of 2
Kathrin Gehring - Planning Board report to BPW September 2011
(bpw @cityofithaca.org)
From:
<govind73 @gmail.com>
To:
<bpw @cityofitham.org>
Date:
9/302011 11:54 AM
Subject:
Planning Board report to BPW September 2011
(bpw @cityofithaca.org)
® Planning Board report to BPW September 2011
Message from govind73 @gmail.com:
Hi all,
Attached is my BPW Liaison report[
best,
Govind
Report to BPW from Planning/Development Board Liaison,
September 2011
We accomplished a lot of stuff at the last Planning /Development
Board meeting although it got off to a slow start.
• We were presented paint colors for phase 1 of the
Collegetown Terrace project. Yes, you read that correctly. It
was 1 -1/2 hours of discussions about paint colors. Can you
guess what I thought of that?
• Next, we got to Seneca Way. I know that folks interested in
density were worried about whether wed get this project to go
forward. But it passed very easily 5 votes in favor (Acharya,
Rudan, Schroeder, Thoreau, Boothroyd) and 1 vote opposed
(Marcham). I have to say that this is exactly the type of project
we need to increase density in the flats and I'm excited to see
this happen. But it also shows that we have an incredibly
archaic zoning code which stifles the needed development
file: / /C:\Documents and Settings\kgehring\Local Sett ings \Temp\XPgrpwise \4E85ADE4coi... 10/3/2011
Planning Board report to BPW September 2011 Page 2 of 2
downtown. I'm actually very proud of the
Planning /Development Board that we were able to get this
done despite the self- imposed roadblocks the city has in place.
• Means Restriction: Cornell brought updated information on
designs which is the purview of the Planning Board. I think that
they have done a pretty good job in dealing with that issue. We
are having two site visits on October 7 and October 14 from 12
to 2pm.
• CIS /Gates Building at Cornell: They are planning a LEED
Silver building next to Hoy Field. It's pretty nice but they got
very defensive when I asked why they weren't planning to put
solar panels on it. Gilbert Delgado basically said that they can't
afford to put $100,000 solar panels on a $10 million building.
Oh well, I guess.
• Zoning appeals: we recommended granting variances to 106
Worth Stand 222 Linn St.
• We approved the composition of the Comprehensive Plan
Committee. I think it's too big and unwieldy but others say that
it's not that bad.
• Amendments to the parking ordinance are being proposed to
deal with conflicting language in the code. It really needs to be
completely scrapped and rewritten. It's really not an edifying
piece of legislation at the moment but at least these changes
can through quickly without having to do the onerous matter of
rewriting it.
Submitted by Govind Acharya, BPW liaison to the Planning and
Development Board
Google Does makes it easy to create, store and share online documents,
spreadsheets and presentations.
Google dOCS
file: / /C: \Documents and Settings\kgehring\t.ocal Sett ings \Temp\XPgrpwise\4E85ADE4coi... 10/3/2011