HomeMy WebLinkAbout11-09-11 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, November 9, 2011, at
4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street,
Ithaca, New York.
Please Note: There are only two (2) meetings of the Board of Public Works
scheduled for November 2011: on the 9th and 16th
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 May 18, 2011, Regular Meeting Minutes
6.2 October 19, 2011, Regular Meeting Minutes
7. Administration and Communications
8. VOTING ITEMS
8.1 Buildings, Properties, Refuse and Transit (15 min.)
A. Recommendations to Divest Unused City Property — Resolutions
8.2 Highways, Streets and Sidewalks (10 min.)
A. Intersection Repair Policy
8.3 Parking and Traffic (25 min.)
A. To Amend the Vehicle and Traffic Schedules to Change Parking
Regulations on the 700 block of West Court Street — Resolution
B. To Amend Vehicle and Traffic Schedules XXV, Reserved Parking for
Persons with Disabilities
8.4 Creeks, Bridges and Parks
8.5 Water and Sewer
9. DISCUSSION ITEMS (25 min.)
9.1 Appeal of Sidewalk Assessment for 307 North Albany Street
9.2 Hydrilla Update
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 Agenda, November 9, 2011
8.1A Recommendation to Divest Unused City Property— Resolutions
The individual resolutions are the first ones being offered based on our discussions in October
concerning city -owned property that could be considered for divestiture, and return to the tax
rolls. As we learn how the Board and Common Council react to the property recommendations
we may be able to group some properties for consideration, while others deserve to be
considered individually.
8.2A Intersection Repair Policy
We watched a video presentation on treatments that might be applied to intersections.
Following the discussion, Tim Logue prepared this resolution for your consideration which
would establish the program and allow us to respond to neighborhood requests should we get
any.
8.3A To Amend the Vehicle and Traffic Schedules to Change Parking Regulations on the
700 block of West Court Street
This resolution is offered in response to requests the Board has received from Tom Seaney,
discussions that Tim Logue had with a business owner, and the discussion that followed at the
Board meeting. Tim is expecting a petition to be submitted prior to the Board meeting.
8.3113 To Amend Vehicle and Traffic Schedules XXV, Reserved Parking for Persons with
Disabilities
This resolution is offered for your consideration following an individual's request. While as a
bureaucrat I would not recommend this because we usually tell individuals that the special
handicapped parking needs to be in the private parking area associated with their dwelling, or
on the street of their address, I feel that as a Public Works director for a small community we
can do what makes the most sense for the individual in a particular instance where the request
makes sense and does not harm or inconvenience others. This assumes that we are willing to
discriminate between situations and apply the general rules when they apply ... which should be
most of the time. Saying no to one and yes to another can be difficult.
Page 2
9.1 Appeal of Sidewalk Assessment for 307 North Albany Street
The best I could do when I read the appeal was to locate the recent Board action on a similar
case on University Avenue. A number of years ago there was a note added to the tax
searches to make individuals aware there was an outstanding bill or unresolved inspection
notice associated with the property. Our intention was to make sure no one would be
surprised after the property transferred. Of course, some people did not understand the
importance of the note and we got complaints anyway. We have made several changes to
improve the notes, but the biggest change is to attempt to keep the bills current so that there is
a very small window between the work being finished and the bill being issued. With that in
place, the bill should show up as a liability on the tax search, not as a note to read.
9.2 Hydrilla Update
A Hydrilla update may be appropriate to keep the Board aware of current events.
V\IU, Rwu- P.E.
svperLwtewdewt of PubL, r, works
NovevKbev 4, 2022
Page 3
8.1A Recommendation to Divest Unused City Property — Resolutions
Resolution: Parcel 68. -2 -9.2
WHEREAS, the City of Ithaca owns parcel 68. -2 -9.2 located on the south side of the 700 block
of East Seneca Street, and
WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to acquire
green space, and
WHEREAS, the aforementioned parcel has not been developed or maintained or designated
as park, and
WHEREAS, the Board of Public Works has determined that there is no further Public Works
need to own the parcel, and
WHEREAS, continued ownership of the aforementioned parcel by the City of Ithaca incurs
Public Works expense, presents an attractive nuisance and reduces the property tax base,
now be it
RESOLVED, That the Board of Public works recommends that the City divest of parcel 68. -2-
9.2 located on the south side of the 700 block of East Seneca Street.
700 block East Seneca Street, Tax parcel 68. -2 -9.2
This 0.17 acre parcel was acquired by the City in 1982.
The parcel is zoned R -3A. The assessed value of the
land is $50,000.
The parcel has remnants of a sidewalk and play structure
once part of the school. The sidewalk runs from the
North West corner of the property to the center of the
property where it ends in an abrupt drop. The
antiquated playground equipment constitutes an
attractive nuisance and has not apparently been
maintained in decades. The East side of the property
has some mature trees. The West side of the property is
used for parking by the neighboring property without
permission.
The parcel is abutted by multi -unit residential structures
on similarly sized parcels. 705 East Seneca Street has
an assessed value of $400,000 which generates
approximately $5000 in property taxes.
Revised 11 /4/11, tww
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YORM 659X N.Y. DEED —QUIT CLAIM
Ohm
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Made the JCI- . day of OCTOBER
.Wneteen Hundred and Eighty Two
lortmen
TiviTTit �w.wNrwinr. �ueuwm u. �. �wr. o�nc•
ITHACA CITY SCHOOL DISTRICT, A SchoDl District
organized under the New York Educ'htion Law,
with its office at 400 Lake Street, Ithaca,
New York 14850
part y of the first part, and
CITY OF ITHACA
CITY HALL iU 2r
ITHACA, NEW YORK 14850
19ttnrsset4 that the party of the first part, in consideration f e second part,
ONE AND 00/ 100------------------------ - - - - -- Dollar 1.00
lawful money of the United States,
paid by the part y of the second part, does hereby remise, release and quitclaim
unto the part y of the second part., its successors and assigns forever, jgUx
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca,
County of Tompkins and State of New York and being more particularly
bounded and described as follows: COMMENCING at a point in the
southerly line of East Seneca Street which point of beginning is
located westerly along said southerly street line a distance of
66.0 feet from the point of intersection of the southerly line of
East Seneca Street with the westerly line of North Quarry Street
and which point of beginning is also marked by a bent iron pipe
found; thence running S 101 40' 41" W and along the westerly line
of premises now or formerly owned by (Lee) a distance of 132.2 feet
to a fence post; thence running N 781 54' 42" W a distance of
65.19 + feet to a pipe and the easterly line of premises now or
formerly owned by Kaufman; thence running N 100 36' 12" E and
along the easterly line of said Kaufman premises (now or formerly)
a distance of approximately 32 feet to the southerly line of premise:
now or formerly owned by MacNeil; thence running S 79° 19' 46" E
and along the southerly line of said MacNeil premises (now or
formerly) a distance of 12 feet to an iron pipe found; thence
running N 10° 23' 01" E and along the easterly line of said MacNeil
premises (now or formerly) a distance of 98.7 + feet to the south-
erly line of East Seneca Street and an iron pipe; thence running
S 79° 19' 31" E and along the southerly line of East Seneca Street
a distance of 53.9 feet to the point and place of beginning.
TOGETHER with all right, title and interest, if any, in and to the
highway and all gores and strips of land adjacent to or abutting
the above described premises.
SUBJECT TO EASEMENTS, COVENANTS AND RESTRICTIONS, IF ANY.
RECEWED
C2 REAL ESTATE
E- NOV 3 0 1982
TR.r "-;WSFLi.? TAX
TOM!r ,,iE45
Wu N7Y
cigogrtker with the appurtenances and all the estate and rights of the party
of the first part in and to said premises,
czo Rene enb to bulb the premises herein granted unto the part of the
second part, . and assigns forever.
This deed is mach and given in accordance with Section 1804(6)(c)
of the Education Law.
Jn Witneos W4rreof, the part y of the first part ha s hereunto set its
hand and seal the day and year first above written.
:1 n preSellCe of
#tote of New Vork On this `h•�.aka,,reA�, day o
Tountg of TOMPKINS } Be' Nineteen Hundred and y f October
before me the subscriber, Ei qhg, Two
,personally appeared Fred B. Widdging, Scott Iieyman,
Ronald Bricker, Nancy H. Ramage, Enid S. Ruoff, Elfriede V. Batterman, Christina
a erno, Andrea Clardy, and Arthur L. Berkey
Members of the Board of Education of Ithaca City School
District and a
majority of said Board
tome personally known and known tome to be the same persons
described in and
who executed the within Instrument, and they
acknowled ed
to me that they executed the same. in their capacity as
members of the
Board of Education.
PAMELA B.LOVELESS
Notary Slate of New
�7Puublic
✓YO aI KcN
$tale of -New Vork On this day of
Col
Term expires March 30, 11
Be.
Touutg of } Nineteen Hundred and
before me, the subscriber, personally appeared
to me personally known and known to me to be the same person
described in and
who executed the within Instrument, and he
acknowledged
to me that he executed the same.
Notary Public
Tompkiiii 6W SRI
Recorded � on the .. ..:�...... Day of.... �Z:.K e - ..�9.wt
�Cf37. o'dock ..M., in Libor ..���........... of ... ....... . ;:m.
At tagg r.......: S Srl .............. 9nd e ined... I.
Ila
-5- July 7, 7.982 479
CITY ATTORNEY'S REPORT:
Alderman Banfield asked the status of the Cornell.flei.ghts case a.nd
City Attorney Tavelli informed him the case is still. pending, will not
be resolved until 1983.
At Alderman Killeen "s request, City Attorney Ta.vel.l.i explained the
problem caused by redistricting. fie said he, the County Attorney and
the Board of Elections will have discussions to resolve the problem,
Alderman Clynes asked the status of the problem concern.i_ng'Con.rail and
City Attorney Tavelli replied that he had taritt:en. to Conrail explaining
that Council had passed a resolution asking that the problem be looked
into. He has not yet had any response from Conra.i.l. and if he doesn't
hear within the next few days he will. follow tip on the matter,
PLANNING AND DEVELOPMENT COMMITTEE:
Hydropower -
By Alderman Dennis: Seconded by Alderman Myers
WHEREAS, the Planning $ Development Committee has reviewed. the options
available to the City concerning the Fall. Creel,,. Hydropower plant, and
WHEREAS, the Committee believes it most appropr.i.a.te to pursue City
control of the hydropower plant;
NOW, THEREFORE, BE IT RESOLVED, That Common Council. authorize th.e
Planning $ Development Department to pursue City control of the
hydropower plant, and
BE IT FURTHER RESOLVED, That the Budget and Admi.ni.stration. Committee
be directed to take up the question of authorization of funds for the
hiring of an engineering consultant firm to initiate preparation of
the City of Ithaca license application.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Myers, Clynes,
Schlather, Holman, Holdsworth
May (1) - Banfield
Carried
East Hill Park
By Alderman Dennis: Seconded by Alderman Schuler
WHEREAS, the East Hill Civic Association has long petitioned the
City of Ithaca to provide open space in the East Hill, area, and
WHEREAS, there exists a small tract of land now owned. by'the City of
Ithaca School District, which lies between Seneca. Street anal. the old
East Hill School, and
WHEREAS, the School District has expressed a. willingness to sell such
land to the City for one dollar, and
WHEREAS, the Ithaca Urban Renewal agency has allocated certain funds
for the improvement of that land;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council,-upon recom-
mendation of the Planning $ Development Committee and. the Budget F,
Administration Committee, direct and authorize the Mayor and City
Attorney to take all necessary steps to acquire the above described
land from the City of Ithaca School District.
Discussion followed on the floor.
A vote on the resolution resulted as follows;
Carried Unanimously
Intergovernmental Relations
Al erman Dennis commented that he di.dn't have a resolution for this
item. The committee talked about it two weeks previous; there was
a resolution from one member of the committee who would like to dis-
cuss it. I i
248
� June 23, 1.962 1 '
A vote on
IT IS RESOLVED, That August 11, 1982 at 4:00 p.m. be established as the date fa
public hearing on sidewalks, at which time the owners of property receiving a Ayes
notice will be given an opportuntiy to show cause before this Board of Public Nays
the sidewalk abutting their premises should not be reparied by the City at the
expense and the expense thereof collected in accordance with Section 5.30 of.th
City Charter. Bids - N.
y Comm. B
Discussion followed on the floor. RESOLVED,
N. Tioga S
A vote on the resolution resulted as follows: as possibl
Carried Unanimously F
s
Acquisition of Property on East Seneca Street aJard of B
Comm. Brown reporte tat Al erman Schule-r-Tias requested the Board of Public Comm. Brow
to acquire a parcel of property that is available to the City from the Ithaca Adjustment
District which is located on East Seneca Street. The matter has been brought
discussion by the Planning and Development Committee of. Common Council who have Resolution
expressed their support for this acquisition, and the Board has indicated. to Comm. B
Schuler that acquiring this green space will incur additional budgetary costs,
operation and maintenance. to Nations
Resolution
BComm. Brown: Seconded by Comm. Sturtevant
That the Board of Public Works authorize the City Attorney to final'
Department
to talk tc
RESOLVED,
with the Ithaca Board of Education to acquire this property for
negotiations
sun_ of $1.00, and E
A vote on
IT IS FURTHER RESOLVED, That the Mayor be authorized to accept the necessary
FINANCE, I
as approved by the City Attorney for this acquisition.
Audit
A vote on the resolution resulted as follows: „.
Comm.. N
RESOLVED,
Ayes (4) - Brown, Sturtevant, Schickel, Shaw
Abstract P
of the Wat
Nay (1) - Walker
Carried
IT IS FUR]
Transfer of Funds
By Comm. Brown: Seconded by Comm. Sturtevant
the Common Council transfer $8,500 from Capital Account H- 890-1(
RESOLVED, That
Sewer Lines, to Account H -890 -190, South Aurora Street and Prospect StreetI
Amendment
m l
said cost to cover construction of a sanitary sewer main which was part of the
construction contract recently let, but which funding for had not been coa t
RESOLVED ,
Arrestor
the original project estimate.
Carried Unanimously `_
funds and
Invoice - -V. Giordano Construction. and Supply Corp. `
BE IT FUR'
'Parts $ Sr
By Comm. Brown: Secon e y Comm. Sturtevant
RESOLVED, That an invoice from V. Giordano Construction and Supply Corp., in
iscussior
amount of $6,791.32 for the general construction of. the Cass Park Lobby Iixp
project be approved.
''A vote on
f
Discussion followed on the floor.
A vote on the resolution resulted as follows:
a
PARKING,T
-away 1
Carried Unanimously
ow
Bro,
Increase of Estimate -- McFarland - Johnson Engineers, Inc. /
with the
It is the
Comm. Brown reported tat a request has been received from McFarland- Johnson
Engineers, Inc., to increase the estimate for engineering fees in connection"
1. That
preliminary plans and contract documents for the N.Tioga Street Bridge repla`
Of 5:
from $25,200 to $29,900. It is their contention that much more detailed en'
has been required for the surrounding area in order to increase the bridge
2 That
over the stream.
Dearb
Resolution
By Comm. Brown: Seconded by Comm. Walker
3. That
RESOLVED, That the request be approved.
Resolutio
y Comm.
Discussion followed on the floor.
nFCnn>Fn
Resolution: Parcel 93. -7 -3
WHEREAS, the City of Ithaca owns parcel 93. -7 -3 located at 213 West Spencer Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two -way vehicular traffic, and
WHEREAS, the Board of Public Works has determined that there is no further Public Works
need to own the remaining parcel, and
WHEREAS, continued ownership of the aforementioned parcel incurs Public Works expense
and reduces the property tax base, now be it
RESOLVED, That the Board of Public works recommends that the City divest of parcel 93. -7 -3
located at 213 West Spencer Street.
Resolution: Parcel 91-7 -5.1
WHEREAS, the City of Ithaca owns parcel 93. -7 -5.1 located at 215 West Spencer Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two -way vehicular traffic, and
WHEREAS, the Board of Public Works has determined that there is no further Public Works
need to own the remaining parcel, and
WHEREAS, continued ownership of the aforementioned parcel incurs Public Works expense
and reduces the property tax base, now be it
RESOLVED, That the Board of Public works recommends that the City divest of parcel 93. -7-
5.1 located at 215 West Spencer Street.
Page 5
213 West Spencer Street, 215 West Spencer Street; Tax parcels 93. -7 -3, 91-7 -5.1
These two properties are 0.47 acre acquired by the City
for widening West Spencer Street to two lanes. The
parcels are zoned R -3b. The combined assessed value is
$124,000.
Prior to acquisition by the City the smaller parcel had a
single family wood frame residence and the larger parcel
had a 12 unit wood frame apartment building. The
parcels have street frontage on West Spencer Street as
well as South Cayuga Street. Although the property has
a dramatic elevation difference from Spencer to Cayuga
this did not preclude its earlier uses.
220 West Spencer has a multi -unit residential structure
on a 0.21 acre parcel. It has an assessed value of
$350,000 which generates approximately $5,000 in
property taxes.
Page 6
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Resolution: Parcel 122. -2 -1
WHEREAS, the City of Ithaca owns parcel 122. -2 -1 located at 321 Elmira Road, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of operating
a sewage pump station, and
WHEREAS, the City of Ithaca Water and Sewer Division no longer uses or needs the pump
station, and
WHEREAS, the Board of Public Works has determined that there is no further Public Works
need to own the remaining parcel, and
WHEREAS, continued ownership of the aforementioned parcel incurs Public Works expense
and reduces the property tax base, now be it
RESOLVED, That the Board of Public works recommends that the City divest of 122. -2 -1
located at 321 Elmira Road.
321 Elmira Road, Tax Parcel 122. -2 -1
This 0.4 acre parcel is situated on the south side of Elmira
Road between Friendly's Restaurant and the Honda
dealership. The parcel has an assessed value of $189,000.
The small brick sewage pump station on this parcel was
recently de- commissioned. The parcel has a curb cut on
Elmira Road. There is a small creek on the north side of the
property-
Page 7
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11/4/2011 10:14 AM
Resolution Parcel 100. -2 -1.2
WHEREAS, the City of Ithaca owns parcel 100. -2 -1.2 located at the south end of Cherry
Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
expanding the industrial park, and
WHEREAS, the aforementioned parcel has not yet been developed by the City, and
WHEREAS, staff recommends reserving a 40 foot wide temporary (construction) easement
and a concurrent 20 foot wide permanent easement for extension of utilities, and
WHEREAS, staff recommends reserving a twenty foot wide easement for the purpose of
extending a pedestrian path, concurrent with the aforementioned utility easement, and
WHEREAS, the Board of Public Works has determined that there is no further Public Works
need to own the parcel, and
WHEREAS, the southerly portion of parcel 100. -2 -1.2 contains two designated wetlands of
0.45 acre and 0.32 acre, and
WHEREAS continued ownership of the aforementioned parcel by the City of Ithaca incurs
Public Works expense, presents an attractive nuisance and reduces the property tax base,
now be it
RESOLVED, That the Board of Public works recommends that the City divest of up to five and
six tenths acres of the northerly portion of parcel 100. -2 -1.2 located at the south end of Cherry
Street exclusive of the aforementioned designated wetlands.
Cherry Street, Tax Parcel 100. -2 -1.2
The parcel at the end of Cherry Street contains 8.25 acres and is assessed at $825,000. The property is
bounded on the east by railroad property and on the west by lands abutting Cayuga Inlet including a strip
of land designated as parkland. This wooded parcel is generally flat. The southerly end of the property
contains two small wetland areas and is frequently occupied by squatters.
The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of $253,000 with a total
assessment of $1,290,000; this generates over $19,000 in property tax annually.
The site could be sub - divided to create a 5.6 (approx.) acre parcel and a 2.7 (approx.) acre parcel.
Easements should be reserved in order to extend water mains and provide for bicycle and pedestrian
access to the south end of the property. .
Revised 11/4/11 tww
Page 8
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/ __- \
0.32 acm
|
5.66 Acre Parcel
Page 9
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10 0
8.2A Intersection Repair Policy
CITY OF ITHA CA
108 East Green Street, Ithaca, New York 14850 -6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
To:
Board of Public Works
From:
Tim Logue, Transportation Engineer
Date:
November 3, 2011
Re:
Intersection Repair Policy
Based our your conversation at your last meeting, please find below a resolution that would
adopt the attached policy to allow for "Intersection Repair" type activities within the City
right -of -way. I have included an optional clause ( #17) in regard to insurance requirements.
Proposed Resolution
Board of Public Works
WHEREAS, the Board of Public Works understands that there may be community groups who
are interested in creating special neighborhood places, and
WHEREAS, the Board wants to allow and promote community based place making and
livable streets, now therefore be it
RESOLVED, that the Board of Public Works hereby adopts the following policy, dated
November 9, 2011, to allow for modifications to City -owned street right -of -ways with by way
of a revocable permit with the described special conditions.
Page 10
City of Ithaca Board of Public Works Policy
November 9, 2011
Conditions of Revocable Street Permit to Modify City Intersections
In addition to the standard conditions of a City of Ithaca Street Permit, the permittee agrees to
the following supplemental conditions:
(1) The permittee shall hold the City of Ithaca, 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 City of Ithaca Common Council and the Board of Public
Works.
(3) The two streets must be classified as Local Streets (as opposed to a Collector or Arterial
street) and carry less than a combined 2,500 vehicles on an average day.
(4) The applicant for a permit must provide to the City Transportation 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 Transportation Engineer shall have the authority to modify the petition
boundaries when considered appropriate. The City Transportation Engineer shall
certify the accuracy of the petition.
(5) The applicant for a permit must provide the City Transportation 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 Transportation 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 Transportation
Engineer.
(7) The permit shall be for use of the public right -of -way only, and does not exempt the
permittee from obtaining any license or permit required by the City Code or
Ordinances for 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.
Page 11
(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 two standard city
blocks of the proposed project at least 30 days before the project installation date.
(11) 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 III barricades and STREET CLOSED signs as provided in the Manual on
Uniform Traffic Control Devices. No street shall be blocked for more than 12 hours in any
24 -hour period unless specifically allowed by the City Transportation 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 borne 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 be grounds for
revocation of this permit by the City Transportation 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 Transportation Engineer. The City
Transportation Engineer may revoke a permit for any cause. The City Transportation
Engineer shall immediately revoke a permitted project no longer meeting the intent of
Common Council or Board of Public Works goals.
(16) The permittee shall, at no cost to the City, remove all aspects and /or features of a
project when either the permit expires or is revoked.
OPTIONAL CLAUSE
(17) The permittee shall carry liability insurance for the block party activities and shall name
the City of Ithaca as an additional insured for the special event insurance. This
insurance will satisfy the requirements for insurance under the standard City Street
Permit. Alternatively, the permittee can satisfy the standard insurance requirements for
a City Street Permit.
J: \TRAFFIC \INTERSECTION REPAIR \BPW POLICY.DOC
Page 12
8.3A To Amend the Vehicle and Traffic Schedules to Change Parking Regulations on the
700 block of West Court Street
WHEREAS, the Board of Works has received a petition from business owners and residents of
the 700 block of West Court Street (between Fulton and Meadow streets) to allow parking on
the south side of the block and to create two short term parking spaces on the north side of the
street toward the west end of the block, and
WHEREAS, after reviewing existing conditions on the block, staff is comfortable allowing
parking on the south side of the street, and
WHEREAS, the Board of Public Works is authorized by Section 346 -4 of the City Code to
adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law,
and
WHEREAS, the Board of Public Works is in agreement with the request, now therefore be it
RESOLVED, That Schedule XXII, Parking Prohibited at All Times, be amended for the
following entry:
Name of Street Side
Court Street South
and be it further
Location
Cayuga St to Fulton St Meadow St
RESOLVED, That Schedule XVIII, Time Limit Parking, be amended to add the following entry:
Name of Street Side Time Limit;
Hours /Days
Court Street North 15 min.;
8 :00 am to
5:00 pm /M -F
Page 13
Location
Between the driveways for
720 W. Court and
710 -712 W. Court
CITY OF ITHA CA
108 East Green Street, Ithaca, New York 14850 -6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
To: Board of Public Works
From: Tim Logue, City Transportation Engineer
Date: November 4, 2011
Re: On- street parking in the 700 block of West Court Street
Please find enclosed a draft resolution that would allow parking on the south side of the 700
block of West Court Street, between Meadow and Fulton streets, and would create a couple
short term parking spaces on the north side of the block. Requests for these changes have been
to date voiced by Tom Seaney, who owns property at 722 -728 West Court Street, and the
owner of Wink's Body Shop. I've asked Mr. Seaney to collect a petition from businesses and
residents on the block to make sure there is support for this proposition. Since there is a good
chance that Mr. Seaney will be able to submit the petition by November 9th, we thought we
would go ahead and prepare a resolution to make the changes.
In my conversations with the Superintendent, we recognize that this change may tend to
reinforce the current pattern of having very few people park in the paid lot at the corner of
West Court Street and Fulton Street. If this continues to be true, and if no one is interested in
some sort of lease type arrangement to keep the lot open for public parking, we think this will
show that the parking lot does not still have value to the neighborhood. Presumably, this
would be the case because there is enough free parking nearby to satisfy the demand: either
on- street or in private off - street driveways and lots. The parking demand in the area seems to
be in- between the modest rates we have set for the lot ($1/ hour or $20/ month) and not being
willing to pay for parking at all. If this is the case, we will be recommending that the lot no
longer be used for public parking, that it revert back to the Department of Transportation, and
that they surplus it for a higher and better use (or at least to put it back on the tax rolls).
Page 14
8.313 To Amend Vehicle and Traffic Schedules XXV, Reserved Parking for Persons with
Disabilities
WHEREAS, the Board of Public Works is authorized by Section 346 -4 of the City Code to
adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law,
and
WHEREAS, the Office of the City Engineer recommends approving a Reserved Parking for
Persons with Disabilities (RPPD) application from a resident at 80 Abbott Lane for a sign on
West Village Place near his residence, and
WHEREAS, the Board of Public Works agrees that this request is in accordance with the policy
for RPPD (as adopted in 2010), now therefore be it
RESOLVED, That Schedule XXV, Reserved for Parking for Persons with Disabilities, be
amended to add the following entry:
Name of Street Side Location
West Village Place East In front of 80 Abbott Lane
Page 15
CITY OF ITHA CA
108 East Green Street, Ithaca, New York 14850 -6590
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
To: Board of Public Works
From: Tim Logue, Transportation Engineer
Date: October 25, 2011
Re: Request for West Village Place On- Street Parking Space Reserved
for People with Disabilities
I have received a request to sign an on- street parking space as reserved for people with
disabilities on West Village Place. The request is from someone who lives at 80 Abbott Lane,
which is a private street. His apartment is closer to West Village Place than to Abbott Lane and
he has requested that the parking space be signed for West Village Place. I've visited the street
and I do not see a problem with doing so. Currently, there are no on- street parking spaces on
West Village Place that are so designated.
There is a parking lot at West Village Apartments that has parking spaces reserved for people
with disabilities; however, this lot is not proximate to the residence of the applicant and does
not serve his needs. The parking lot is approximately 250 feet away and up a flight of stairs.
There does not seem to be such a demand for on- street parking in this area that designating
one space would produce a problem. I recommend approving this request. Attached is a
resolution that would do so.
Page 16
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -5690
OFFICE OF THE CHAMBERLAIN
Telephone: 607/274 -6580 Fax: 607/272 -7348
To: Board of Public Works
From: Debra Parsons, City Chamberlain
Re: Sidewalk Assessment, 307 N. Albany Street
Date: October 12, 2011
RECEIVED
OCT 14 2011
Ofi=ice or the
Supt, and
Engineering
We issued a sidewalk assessment for work done at 307 N. Albany Street in December of
2009. The work was done in 2005. The owners who were billed purchased the property
in June of 2007. The owners through their attorney Sharon Sulimowicz are contesting
the assessment.
Our records show that the property was flagged as being subject to a 2005 sidewalk
assessment in February of 2006, so that the tax search issued in 2007 would have had that
notation.
"An Equal Opportunity Employer with a commitment to workforce diversification." Za
I he Law Office of Shearon W. Sulimowicz
9%1 eZ TBankBui0ng1 T"C3 7wga Place
118 North 7ioga Street, Suite 202
Ithaca, New Tork14850
Phone: (607) 256 -0727
Fax: (607) 256 -0729
July 15, 2010
Debra A. Par --or -q
City Chamberlain
City of Ithaca
108 East Green Street
Ithaca, New York 14850
Re: 307 Albany Street N
Dear Ms. Parsons:
Sharon@smsattomeyatlaw.com
www.smsattomeyatlaw.com
This office represents Amanda & Stephen Kempf in connection with the bills the City
began sending them in December of 2009 for apparent sidewalk repairs done back in 2005
(prior to my clients' ownership of the property). This office represented Amanda & Steve
when they purchased the property back in June of 2007. At the time of the purchase,
searches were done at both the County and City levels, and no outstanding bills were
found.
We feel that the bill for the sidewalk repairs done back in 2005 is the seller's responsibility,
and not our clients. Given that your invoices continue to accrue late payment penalties
each month, we would appreciate it if you could contact us to discuss a resolution of this
matter. I would be happy to rroyide you with the contact inforination for the seller's
attorney.
Thank you for your time and attention to the above.
Very truly yours,
aron M. Sulimowicz
SMS:dae
cc: Amanda & Steve Kempf
A)ck cd 211 U l�(o
Property Details - Image Mate Online http: / /asmsdg2. tompkins- co.org/propdetail.aspx ?swis = 500700 &printk...
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Municipality of City of Ithaca
SWIS:
500700
Tax ID:
1 60. -3 -11
Ownership Information
Name
Address
Amanda
Waack
Waack, Amanda & Kempf,
Stephen
307 N Albany St
Ithaca NY 14850
Stephen
Kempf
Waack, Amanda & Kempf,
Stephen
307 N Albany St
Ithaca NY 14850
Sale Information
Sale Date
Price
Property
Class
Sale
Type
Prior
Owner
6/27/2007
$130,000
210 - 1
Family
Res
Land &
Building
Chong,
Dong
Shee
Value
Usable
Arms
Length
Deed
Book
Deed
Page
Yes
Yes
51090
8002
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I of 1 10/18/2011 3:10 PM
CITY OF ITHACA
108 E GREEN STREET
ITHACA NY 14850
Bill to .
AMANDA WAACK
KEMPF STEPHEN
307 N ALBANY St
ITHACA NY 14850
Property :
307 Albany St N
Invoice From: Citv Engineer
Invoice Date :
12/31/2009
Invoice # :
00011592
Account # :
00004318
Due Date:
02/15/2010
City Engineer
General Billing Information
(607) 274 -6580
Information specific to bill
(607)274 -6530
Invoice Ref. 2005 SIDEWALK
Entry Date
Item Category Item Description
Qty
Price
Total
12/31/2009
SIDEWALK REPAIR- 4 IN SIDEWALK SIDEWALK REPAIR
33.00
$7.42
$244.86
12/31/2009
SIDEWALK REPAIR- 6 INCH
22.90
$9.02
$206.56
Additional Description:
Make check payable to :
CITY OF ITHACA
CHAMBERLAIN'S OFFICE
108 E GREEN STREET
ITHACA NY 14850
AMANDA WAACK
KEMPF STEPHEN
307 N ALBANY St
ITHACA NY 14850
Return this portion with your payment
Sub - Total: $451.42
Surcharge: $112.86
Total: $564.28
Invoice Date : 12/31/2009
Invoice # : 00011592
Please Pay on or before $564.28
02/15/2010
Amount Paid
INVO0011592
* I NV00011592 *
0000000000000000011592000000000000040000000 1000000056428002
15fli
December 15, 2010
Treating the trees can be done for as little as $60 per year for a 20" diameter tree. After
the arborist's evaluation of trees worth saving, we will estimate the total yearly cost of
treatment and return to the Board of Public Works with this information. If we treat all
the trees in Ithaca that are rated 'good', the cost could be as much as $7,500.
Next Steps
• Evaluate trees for treatment or removal on streets and in parks
• Prepare public outreach education.
• Work with Natural Areas Committee to address ash trees in natural areas
• Treat trees
• Begin removing trees and replanting
Discussion followed on the floor regarding the success of the proposed treatment of the
ash trees with the injectable pesticides. Dr. Bassuk noted that the success can be very
high if done at the right time during the growing season. She noted that the cost in the
committee's plan only includes trees on city streets, right -of -ways, and in parks. It does
not include private property, and the various natural areas in the City. She stated that
there needs to be a public outreach program whereby the public is made aware of how
to identify ash trees. Further discussion followed on the floor regarding the need to
inventory trees not identified by the Shade Tree Advisory Committee, the costs involved
with treatment of the trees, removal of infected trees, and replanting of new trees.
These costs could be very high and choices will need to be made as to what project or
projects will not be done in order to pay for the cost of this possible tree emergency.
Supt. Gray stated that he would prepare a resolution requesting funding from Common
Council for this project for the Board's consideration.
HIGHWAYS. STREETS. AND SIDEWALKS
Partial Expungement of 2005 Sidewalk Assessment for 218 -220 University Avenue
- Proposed Resolution
By Commissioner Goldsmith: Seconded by Commissioner Jenkins
WHEREAS, in July of 2005, the City of Ithaca replaced the sidewalk in front of the
property at 218 -220 University Avenue, after providing notice to the owners of certain
defective conditions, and after the owners failed to correct said conditions; and
WHEREAS, the property was sold in August of 2008, at which time the City had not
been paid for the sidewalk work; and
WHEREAS, after the assessment amount was approved by the Board and by Common
Council, in 2009, the City sent a bill for that amount to the current owner; and
WHEREAS, the current owner, as well as the former owner, through their attorneys,
have objected to the sidewalk assessment and to the billing for it, on various grounds,
and have requested that the Board expunge it; and
WHEREAS, the Board of Public Works, in consultation with staff, has considered these
objections and the known facts of the matter; now therefore be it
RESOLVED, That the Board makes the following determinations:
1. Evidence from the City's files shows that the former owners received a notice
of the defective sidewalk sent on January 24, 2005, as well as a notice of the
opportunity to object to an estimated assessment for the work, sent on March
1, 2007, and that the former owners discussed the sidewalk work with the
Office of the City Engineer, as it was being done in 2005.
2. The 1/24/05 notice indicated that "this obligation transfers with the sale of
your property. It is your responsibility to notify any new owner of this
outstanding sidewalk notice."
December 15, 2010
3. Although the 1/24/05 notice mentions a total of 200 square feet of defective
sidewalk, upon arriving to do the work, the City's contractor found that the
entire sidewalk was defective and /or not compliant with City standards (for
thickness), and replaced a total of 431.3 square feet.
4. The cost of replacing the sidewalk was $7.42 per square foot (amounting to
$3200 for 431.3 square feet). Together with the standard 25% City
administrative fee ($800), the total was $4000, which amount constituted the
"estimated bill" as described in the 3/1/07 notice.
5. The former owners did not submit an objection to the proposed assessment
during the time to do so, in 2007.
6. A City tax search was ordered by the sellers' attorney, in July 2008, which
search contained the following note: "SUBJECT TO 2005 SIDEWALK
ASSESSMENTS" (although no dollar amount was indicated on the form).
and be it further
RESOLVED, That, in light of the particular and unusual facts of this case, including that
the former owners did not receive prior notice that the amount of sidewalk to be
replaced would be increased from 200 square feet to 431.2 square feet, the Board
hereby expunges from the assessment the portion representing the additional area of
new sidewalk (231.3 square feet), leaving an unpaid assessment against the property in
the amount of $1855 (200 square feet x $7.42 = $1484 + 25% [$371] _ $1855), which
amount shall not be subject to penalties or interest if it is paid within 30 days (i.e., by
January 14, 2011); and be it further
RESOLVED, That while by law this assessment attaches to the benefited property
rather than to particular individuals, and the City can only accept the full payment
thereof, the Board encourages the current and previous owners to resolve between
them an equitable way to apportion or otherwise handle the burden of said reduced
assessment, in light of the facts of the matter.
City Attorney Hoffman explained that this is an unusual and complicated case stretching
over a long period of time. He noted that the resolution provides a timeline and is an
attempt to reach middle ground. He stated that the amount of the bill has been reduced
substantially and is only for the original amount noticed to the previous owner. He
further stated that the City has proof that the former owners received at least two
notices regarding the work — one in 2005 and one in 2007.
Attorney Scott Miller, on behalf of the former owners; and Attorney Richard Thaler on
behalf of the current owners addressed the Board to thank them for their time and
consideration on this request. Both attorneys met previously with City Attorney Hoffman
and agreed that this was a fair compromise.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
APPROVAL OF MINUTES
Approval of the September 8, 2010 Board of Public Works Meeting Minutes —
Resolution
By Commissioner Brock: Seconded by Commissioner Goldsmith
RESOLVED, That the minutes of the September 8, 2010 Board of Public Works
meeting be approved with noted corrections.
Amending Resolution:
By Commissioner Goldsmith: Seconded by Commissioner Brock
RESOLVED, That the first paragraph on page five be amended to read as follows:
"Supt. Gray mentioned the historical documents that were provided in the agenda
related to the sidewalk program and noted that the documents provide almost twenty
years of information about the program. He stated that staff finds the program
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850 -6590
OFFICE OF THE CITYATTORNEY
Daniel L. Hoffman, City Attorney
Khandikile M. Sokoni, Assistant City Attorney
Robert A. Sarachan, Assistant City Attorney
Patricia M. O'Rourke, Assistant City Attorney
Jody Andrew, Executive Assistant
MEMO TO: Board of Public Works
Superintendent William J. Gray
FROM: Daniel L. Hoffman, City Attorney
DATE: October 27, 2010
Telephone: 607/274 -6504
Fax: 607/274 -6507
RECEIVED
OCT 2 7 2010
OFFltq of thA
Supt. and
Engineering
RE: Request for Expungement of Sidewalk Assessment (218 -220 University Ave.)
Last week I received the enclosed letter from Attorney Richard Thaler, who represents the
current owner of 218 -220 University Avenue (Cooke Properties, LLC). The property was
purchased from Peter & Cherie Newell, in August 2008. The Newells had purchased it in 2002.
In 2000, the City found the sidewalk at this property to be defective, and so notified the owner (a
predecessor to the Newells). In January 2005, after the owner had failed to make the required
repairs, the City's Engineering office prepared a notice, addressed to the Newells, stating that the
damaged sidewalk consisted of 200 square feet, and that the City was exercising its option to
make the repairs and charge the owner (including a 25% administration fee). It appears that at
some point the owner arranged for a contractor to repair a portion of the sidewalk, apparently
without notifying the City. However, when the City's contractor arrived to make repairs, in the
summer of 2005, it was found that the owner's work was not to the required City standards (the
new concrete being only 1.5 inches in thickness, rather than the minimum of 4 inches). The
City's contractor then replaced the entire sidewalk (431.3 square feet). A notice of the
"estimated" cost of repair by the City (addressed to the Newells) was prepared by the
Engineering office in March 2007. According to the notice, a public hearing on the 2005
assessments was scheduled for the Board's meeting on March 14, 2007. According to the
minutes, the hearing occurred on that date, and no one appeared to speak about the property in
question. At that meeting, the Board gave itself power to act on the 2005 assessments on April
4, 2007. According to the minutes for that meeting, there was no vote on the matter at that time.
I am not sure when the vote actually occurred.
According to Mr. Thaler, the first billing for the sidewalk repair received by his client was in
December 2009. Prior to the 2008 purchase of the property, Scott Miller (the Newells' attorney)
ordered a tax search from the City Chamberlain. At the bottom of the search document (dated
July 9, 2008; copy enclosed), was a typed statement that read: "SUBJECT TO 2005
SIDEWALK ASSESSMENT." No amount due (for the assessment) was indicated; the
Chamberlain says that is because her office had not been notified by that time that an actual
assessment amount had been finalized. She says that when such a figure is made available to
her, it is included on the tax search.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Ca
After his client received the December 2009 billing, Mr. Thaler contacted Attorney Miller,
indicating that if any amount were owed for sidewalk repairs, it would be the Newells'
responsibility, not his client's, as his client was unaware of the obligation at the time of the 2008
purchase. In June 2010, Mr. Miller submitted a FOIL request to the City, seeking "ALL notices
of sidewalk repairs to the real property located at 218 -220 University Avenue" (from 2004 to
date). In response, the Engineering Office provided printouts of 2 notices (without actual
signatures), from the files on that office's computers.
These documents (copies enclosed) are addressed to the Newells, and are dated January 24, 2005
(indicating that the City intended to fix the sidewalk at the owners' cost plus 25 %, and noting
that "it is your responsibility to notify any new owner of this outstanding sidewalk notice "), and
March 1, 2007 (indicating the estimated cost to the owners of the sidewalk work - $4,000.12 —
with a note stating "PLEASE DO NOT PAY AT THIS TIME" and informing the owners of the
public hearing on March 14, 2007, and their right to address a written protest to the Board. The
Engineering Office indicated that it did not have hard copies of the actual, signed notices.
Attorney Thaler is requesting that this assessment be expunged. He argues that the 2008 tax
search produced by the City did not provide adequate notice of a lien on the property, and that
the City cannot prove that notice of the assessment was actually sent by the City to the Newells.
Assistant Civil Engineer Lynne Yost has said that in her opinion the "SUBJECT TO..."
reference on the tax search constituted fair warning to the buyer and its attorney in 2008, as an
inquiry to her office would have confirmed the obligation and the exact amount (which she notes
had not been fixed by Common Council, as of the time of the tax search). She says other buyers
(or their attorneys) have made such inquiries, after seeing such a note on a tax search. Also, she
found notes in her files indicating she received a phone message from Peter Newell in July of
2005, about the property in question, and that she told him that the City had received a return
receipt for the notice and that the entire sidewalk was replaced because the owner's repairs were
inadequate. (Copies of hand - written and electronic logs enclosed.) She believes this rebuts
Attorney Thaler's implication that the Newells may not have received the City's notices about
the repairs or been aware of their obligation.
The Board's direction is requested, as to how to resolve this matter. I have asked for this issue to
be placed on the Board's agenda for its November 10th meeting.
Enc.
Cc: Richard B. Thaler, Esq.
Lynne Yost, Assistant Civil Engineer
Debra Parsons, City Chamberlain
Richard B. Thaler
Guy K. Krogh
Thomas D. Cramer
Katrina Thaler Medeirost
Lorraine Moynihan Schmittt
Michael P. Porciello
October 15, 2010
Daniel L. Hoffman, Esq.
City Attorney, City of Ithaca
108 East Green Street
Ithaca, New York 14850
Thaler & Thaler
Attorneys and Counselors at Law
309 North Tioga Street
P.O. Box 266
Ithaca, Neiv York 14831 -0266
Telephone: (607) 272 -2314
Fac: (607) 272 -8466
RThaler@thalerandthaler.com
RE: City of Ithaca- Sidewalk Repairs
218 -220 University Avenue
Dear MV: Hoffman:
Louis K. Thaler (1903 -1979)
Service By Fax or Other Electronic
Communication Not Accepted
talso admitted in Massachusetts
+";,T 1
Pursuant to our telephone conversation on October 14, 2010, please be advised that the
present owners of 218 -220 University Avenue are our clients who have purchased the
property from Peter and Cherie Newell in August of 2008 in the name of Cooke Properties,
LLC. At the time of the purchase, we were not provided with any notice concerning a
potential lien by the City of Ithaca for sidewalk repair at the premises purchased which said
repair was done in 2005, while the property was owned by the Newells.
Attached hereto is a tax bill dated July 9, 2008 from Deborah A. Parsons, City Chamberlain
for the City of Ithaca certifying that there are no taxes or charges assessed or payable against
the premises, 218 -220 University Avenue. Also attached is a tax search done in 2008 covering
a ten (10) year tax search done by David M. Squires, the Financial Director of Tompkins
County indicating that there were no delinquencies outstanding on said premises for 2008.
These documents were produced by the attorney for the Newells to the undersigned on
September 10, 2008, for which, our client paid $77.00.
The first notice concerning the City's bill for sidewalk repairs for 218 -220 University Avenue
came to our client by an invoice dated December 31, 2009. Upon receipt of that notice from
our client, I contacted Attorney Scott Miller, the attorney representing the Newells at the 2008
closing concerning the fact that our client and the undersigned had no knowledge of the
City's bill for the repair of the sidewalk, therefore it was his client's duty, if there was a duty,
to make such payment.
Daniel L. Hoffman, Esq.
Re: 218 -220 University Avenue
October 15, 2010
Page 2
Mr. Miller sent the undersigned a letter on October 12, 2010 indicating that the City's
response to his FOIL request of June 17, 2010 contained two (2) documents purportedly sent
to his clients from the City, the first dated January 24, 2005 and the second dated March 1,
2007. The documents provided to Mr. Miller were unsigned copies of letters allegedly in the
City's files. The City did not have the ability to prove that there was a mailing of the two (2)
letters to the Newells. Peter Newell apparently died in November 2008 and his wife currently
resides in South Carolina, and according to Mr. Miller, she has no knowledge of any sidewalk
repair notices from the City of Ithaca.
It is my request to you, that you present this matter to the Board of Public Works and that the
claim that the sidewalk repair of 218 -220 University Avenue be terminated without payment
by our clients since we had no notice of any lien(s) based upon unpaid claims by the City at
the time our clients purchased the premises.
Please call me if you have any questions or if you need me to appear in front of the Board.
Sincerely,
RBT /beh
Enclosures
July 10, 2008 Search# 47736 -2008
o u n t y T r e a s u r e r' s Ten Year Tax Search
e r t i f i c a t e a s t o T a x e s
City of Ithaca
Parcel: 500700 47. -4 -4
Owner: NEWELL PETER
NEWELL CHERIE
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
I, David M. Squires, Finance Director of Tompkins County, New York,
o hereby certify that as such official I am custodian and have charge of the
ecords and files in this office relating to taxes, tax sales, and unredeemed
ax sales; that I have caused examination and search of such records and files
o be made this day, covering the period from 1998 to date and find no unpaid
axes against or tax sales affecting the property known and described as:
Parcel ID: 500700 47. -4 -4
assessment: 650,000 Location: 218 -20 UNIVERSITY AVE
Drop class: 411 Commercial
=hoof dist: 500700
tceptions . . . . Delinquencies are as follows:
No known delinquencies
While the undersigned has endeavored to ensure accuracy in the above
itement, neither he nor the County of Tompkins guarantees the same,
is subject to be verified or corrected free of expense by reference
records in the County Finance Director's Office.
Note that in no event does this tax search cover Ithaca City taxes
It LS ch taxes for properties inside the City of Ithaca.
Finance Director, County of Tompkins Request received 7/10/08
Inquiry at County Budget & Finance
Office for unpaid County taxes and
assessments.
1734
Date 07 /09/2008
DEBRA A. PARSONS, City Chamberlain of the City of Ithaca, NY, DO HEREBY CERTIFY THAT THERE are
no taxes or charges assessed and /or payable against the premises of.
Address: 218 -20 University Ave
Name: PETER NEWELL
Tax Map Number 47.4-4
In the City of Ithaca, Tompkins County, NY, and remaining unpaid in this office, except:
2008 City Tax, 1 st Installment $ 0.00
2008 City Tax, 2nd Installment $ 0.00
2008 State & County Tax $ 0.00
2007 -2008 Returned School Tax
Water & Sewer Bill Acct. # 1505920600
Delinquent /Tax Foreclosure
Bill # 00002377 (00005155) $ 0.00
Bill 4 00002377 (00006715) $ 0.00
SUBJECT TO 2005 SIDEWALK ASSESSMENTS
X11 penalties are as of date of tax search. Additional penalties may accrue.
N WITNESS WHEREOF, I have duly executed this Certificate as such officer; th day and year above written.
City Chamberlain
.SSESSMENT: Land $50,000 Bldg.$600,000 Total $650,000 Exemption
.equested by: HOLMBERG, GALBRAITH, VAN HOUTEN & MILLER — -
PAID TAXES CURRENT YEAR
City First Installment
City Second Installment
County
$ 4,772.96
$ 4,772.95
$ 4,900.43
January 24, 2005
Peter & Cherie Newell
425 Cayuga Heights Rd
Ithaca, NY 14850
Dear Peter & Cherie Newell,
You have probably observed that Ithaca's sidewalks are in good condition. One reason for this is Ithaca's
sidewalk inspection and repair program.
At the time of inspection, the deteriorated sidewalk at 218 -220 UNIVERSITY AVE consisted of the
following:
TREE DAMAGED WALK (by current policy, the city assumes expense for this repair):
0 square feet of 4" thick sidewalk
0 square feet of 6" thick sidewalk
OTHER DAMAGED WALK (for which you are responsible):
175 square feet of 4" thick sidewalk
25 square feet of 6" thick sidewalk
The City is exercising its option to complete the necessary repairs and has tentatively scheduled your
property for work this year. You will be billed for your portion of the expense plus an additional 25%
administration fee required by the City Engineer.
You may wish to review the enclosed excerpts from the City Charter and City Code. The complete City
Code is available online at www.cityofitliaca.org by clicking on "City Code ".
Please. be aware that this obligation transfers with the sale of your property. It is your responsibility to
notify any new owner of this outstanding sidewalk notice.
If you have any questions please do not hesitate to contact Lynne Yost at 274 -6532 or
lynneyAci tyo fithaca. org
Sincerely,
Lynne Yost
Asst. Civil Engineer
March 1, 2007
Peter Newell & Cherie Newell
425 Cayuga Heights Rd
Ithaca, NY 14850
RE: Sidewalk Replaced in 2005 at 218 -220 University, Tax Parcel #: 47.4-4
Dear Peter Newell & Cherie Newell:
I am writing to provide you with the sidewalk assessment cost that has been calculated
based on the amount of owner responsibility sidewalk work done at this property by the
City of Ithaca. Your financial responsibility is as follows:
431.3 square feet of 4" thick sidewalk was replaced at $7.42/sf = $3,200.10
and
0.0 square feet of 6" thick sidewalk was replaced at $9.02 /sf= $ -
Subtotal = $ 3,200.10
The City Code requires a 25% additional fee of $ 800.02
TOTAL ESTIMATED BILL = $ 4,000.12
PLEASE DO NOT PAY AT THIS TIME.
You may be interested to know that the City of Ithaca paid $ - for other sidewalk
work at your property that is not being billed to you.
March 1, 2007
p. 2
If you feel the total estimated bill is not correct, you may protest in writing or by
appearing before the Board of Public Works at the:
PUBLIC HEARING on WEDNESDAY, MARCH 14, 2007 at 108 E. Green St. Ithaca,
NY 14850, City Hall, Third Floor, Common Council Chambers at 4:45pm
Or by written protest addressed to:
Board of Public Works
C/o Debbie Grunder
108 E. Green St. Room 202
Ithaca, NY 14850
dgrunder@cityofithaca.org
Questions may be directed to Lynne Yost at 607 - 274 -6532 or lyiiney@citvofithaea.org
Very truly yours,
Lynne Yost
Asst. Civil Engineer