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Home My WebLink About02-06-12 Board of Public Works Meeting Agenda9, 4, -'z *j 1W.N t 2:4 lit 1417i A meeting of the Board of Public Works will be held on Monday, February 6, 2012, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. a- 1 7 1 6. Approval of Minutes 6.1 January 18, 2012 Regular Meeting Minutes 6.2 January 25, 2012 Regular Meeting Minutes 2. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit 8.2 Highways, Streets and Sidewalks A. Appeal of Sidewalk Assessment for 221 Cornell Street — Resolution 8.5 Water and Sewer A. Appeal of Water Bill for 329-31 West Seneca Street Unit 331 — Resolution 9. DISCUSSION ITEMS 9.1 Appeal of Sidewalk Assessment for 104 Worth Street 9.2 Pedestrian Safety on North Cayuga Street 9.3 New TCAT Bus Shelter on University Avenue 9.4 Traffic Issues in the South of the Creek Neighborhood 9.5 Appeal of Sidewalk Assessment for 309 West Green Street 9.6 Appeal of Sidewalk Assessment for 307 North Albany Street 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. M IMP 9.2 Pedestrian Safety on North Cayuga Street This item is largely FYI. I thought the Board should be aware of the exchange of correspondence between the High School Principal and the Transportation Engineer concerning safety on North Cayuga Street near the school. This will take some time to unfold as we collect traffic data in the area in question. 9.3 New TCAT Sus Shelter on University Avenue The installation of a TCAT bus shelter for a heavily used stop at the intersection of Linn, Court and University Streets resulted in an extensive exchange of e -mail and opinions being expressed. Once Kent Johnson explained (mid - January) the fairly detailed process the TCAT shelter request had followed, the neighbors (including Cornell Plantations) wrote again to express their continued concerns. Margherita Fabrizio presented the concerns to the TCAT Board at their January meeting, but it was not discussed. They would be happy if the shelter was removed and the City's process for review upgraded. I am not aware of any movement at -..- this time to remove the shelter originating in the City's offices or at TCAT. You may want to review the site prior to discussing this item. 9.4 Traffic Issues in the South of the Creek Neighborhood The issue of traffic "South of the Creek" was raised by a resident at the Board's meeting on January 18, 2012. 1 was expecting a copy of the statement read to the Board, but ended up speaking to Tim Logue about the concerns that had been raised. He provided the written response provided here, dated January 24, 2012. While we know the traffic is down substantially from historical values, current neighbors may be seeing what appears to be an increase following the removal of the diverters. We will need to do traffic counts once weather allows to gauge the current traffic volumes. While the Planning concept expressed in the late 1990s was to share the traffic in all neighborhoods rather than redirect the traffic with items like diverters, it was felt that the proposed development on Route 13 was dramatic enough to warrant temporary measures south of the creek until the "six point plan" could be implemented. I believe the data collected this spring will show that the changes were successful. I also doubt that some of the current residents will be satisfied because they did not live through the deal making but moved in later. This is why I hate "temporary" traffic measures that last longer than weeks, months at the most. 9.5 Appeal of Sidewalk Assessment for 309 West Green Street 9.6 Appeal • Sidewalk Assessment for 307 North Albany Street This is the last grouping of appeals that we have in our current backlog of sidewalk appeals. VVULb2VI1tj. -P.E. of -PLtbl c VVOK�zs Febn.or� :L, 2012 Page 3 WHEREAS, Charles R. Strohman & Sheila M. Stone, owners of 221 Cornell Street, received a 2011 sidewalk assessment for sidewalk work completed adjacent to their property, and WHEREAS, Charles R. Strohman & Sheila M. Stone received sidewalk defect notices in 2009 and 2011, and communicated with staff before the work, and WHEREAS, Charles R. Strohman & Sheila M. Stone filed a written appeal on August 16, 2011, asking that the sidewalk assessment be recalculated and reduced, and WHEREAS, staff visited the site and reviewed information regarding the appeal, now therefore be it RESOLVED, That the Board recognizes that City forces completed the sidewalk replacemenli work in accordance with City specifications, and be it further RESOLVED, That each protest reason was considered as shown in the Sidewalk Assessment Protest Summary for this address, and be it further RESOLVED, That the Board hereby revises the owner portion of the sidewalk assessment for 221 Cornell Street to bill the owner for 92 square feet x $11.71= $1,077.32 plus 25% $1,346.65. WHEREAS, the water consumption at 331 West Seneca Street changed significantly in the last quarter of 2011 resulting in a bill which was four times larger than recent bills, and the property owner has requested an adjusted bill based on his belief that he should have been notified in a timely manner so that this large bill could have been avoided, and WHEREAS, the City read the meter on November 3, 2011, discovered the high read and issued a letter to the property owner on November 7, 2011, suggesting that the property be reviewed for the possibility of a leak, which appears to have resulted in two toilets being rebuilt, as well as a tour of the property by a representative of Water and Sewer at the request of the property owner, and WHEREAS, the mid-quarter meter tour by meter personnel did not indicate a problem and the review of meter data following the owner's complaint revealed high water consumption late in the quarter so the property owner had the meter consumption data a few days after the meter was read, now therefore be it RESOLVED, That the Board of Public Works has reviewed the request to modify the water 2nd sewer bill covering the last quarter of 2011 at 331 West Seneca Street and denies the request based on its understanding that the water was consumed at that address and the .1 , esulting wastewater processed. Page 5 Page 1 of 1 Bill Gray - Re: Account 4414690301 From: Barbara Frycek To: Gray, Bill Date: 1/31/2012 2:27 PM Subject: Re: Account # 4414690301 CC: Whitney, Erik Bill, The high consumption at 331 W. Seneca Street occurred after September 25. As we read for leaks at a minimum of half way thru a billing cycle, this anomaly occurred after zone 2 had been read for leaks. It did not appear on the leak report because that alarm alerts only if there is less than 3 hours in 24 hours with no flow. Let me know if I can assist further. Barbara G. Frycek file: //C:\Documents and Settings \billg \Local Settings\ Temp \XPgrpwise \4F27FA6Ccoimain... 2/1/2012 f� Last year I came before this group with my raspy voice and the same exact sidewalk concern. President Obama the day before in his State of the Union Address said to "fix the things that are broken." Today, again a day after President Obama's address, where he stressed "fairness for all," my voice and the City's sidewalk procedures are still broken. At issue here is whether or not the sections of sidewalk replaced on my property needed to be replaced. I shovel my entire block. All the time. I know every square inch of my sidewalk, as well as that of my neighbors. This work did not need to be done. I believe my "neighborliness" and citizenship have earned me your trust. Last year I gave this group photos of various properties whose sidewalks I encounter daily on my walk to the Cornell campus. 117 Elmwood Avenue. 305 Elmwood. 307 -309 Elmwood. 106 Harvard Place. I am shocked that no action has taken place on these sidewalks, especially 307- 309 Elmwood where I hurt myself several years ago and about which I have informed the City ever since. I have provided new pictures taken yesterday, submitted to you electronically. I commend the City for fixing the most dangerous segment of sidewalk at 413 Dryden Road. I feel I had much to do with this being repaired. But I also see that many segments of that property's sidewalk, which are in worse condition than mine ever were, remain untouched. Mine were replaced. These were not. Fairness for all? On 11/29/11, Lynn Yost wrote something I saw only two days ago along with the letter announcing this meeting, "Generally speaking, work is prioritized based on injury locations and vehicular and pedestrian traffic levels." I live on a very quiet street. Injuries? Where? When? High traffic? You do not live on my block. If the City is interested in the public safety, it will look at Elmwood Avenue. It will look at Dryden Road and Oak Avenue. Areas of high traffic. Injury areas? Yes. Me. These sidewalks continue to be some of the worst in the ColIegetown area. They continue untouched. I have shown you, for only the first time, Oak Avenue coming off of the end of Elmwood. Pedestrians are forced to walk in the roadway, their backs to traffic. Extremely dangerous. Mr. Mayor, you and I have at least one thing in common. We are both Cornell alumni. If Cornell taught me one thing, that is to question things in life and to make a difference. I was featured on the front page of the Ithaca Journal, only eight days ago, as one of the "People Who Make a Difference" in Tompkins County. I am here today, again, to question why the City replaces sidewalks in far better condition than most others while neglecting those most in need of repair. We can make a difference. If I appear before you again next year, I would hope to see the sidewalks I have pointed out repaired. I would hope to see a sidewalk down Oak Avenue. I would hope to see Elmwood and Dryden Road sidewalks repaired as well. These should be the City's priorities. Not Worth Street. All I am looking for here is fairness. Mr. Mayor, if not from you, then who? If not now, when? Bruce A. Roebal 104 Worth Street, Ithaca, NY 25 January 2012 e�4—,10 4 (1/25/2012) Bill Gray - letter from IHS.pdf Page 1 I� Ithaca 111*6-h School 1401 N Cayuga St. Ithaca, NY 14850 (607) 274 -2143 -- "All Students Achieving Their Dreams" November 21, 2011 Tim Logue, Traffic Engineer 108 East Green Street Ithaca, NY 14850 Dear Mr. Logue, REC' ]R/ E D NI OV 2 8 20?1 suet, and engineering I am writing to express my concerns about student safety related to pedestrian and automotive traffic on North Cayuga Street by the high school. Earlier this year, there was an accident involving an IHS student who was hit by a car while walking home from school. I am concerned that there could be additional accidents involving students if we do not address safety issues on North Cayuga Street. After dismissal, more than 1,400 students leave the high school at the same time. Student and parent drivers leave the Cayuga Street parking lot en masse. Meanwhile, many students from the high school and Boynton Middle School walk or bike along Cayuga Street_ In addition to the high volume of traffic on North Cayuga Street at dismissal, many drivers exceed the posted speed limit, the site lines coming over the bridge are poor, and there is no designated crosswalk or school ~none as there is on the Lake Street side of campus. I would like to explore the possibility of creating a school zone on North Cayuga Street. It would be helpful to have a reduced speed limit and possibly a crosswalk. I would also appreciate the suggestions you may have for improving student safety in this location. I hope this will be the start of an ongoing conversation regarding student safety and traffic near the high school. S1 �cerely, arett Powers Principal (1/25/2012) Bill Gray - letter to Powers.pdf Page 1 January 23, 2012 Mr. Jarett Powers Principal, Ithaca High School 1401 North Cayuga Street Ithaca, NY 14850 Dear Mr. Powers, Thank you for your letter of November 21st in regard to pedestrian safety along the North Cayuga Street side of the high school campus. I appreciate and share your concern for student safety and I would be very interested to work with you on strategies to enhance safety in this area. I'd Iike to suggest three things. First, my office will conduct an analysis for this stretch of North Cayuga Street to review collision history and pedestrian, bicycle, and motorist conditions. We will consider sight Iines and will review any traffic data we have on volumes and speeds. We are limited in collecting new data on traffic (specifically, installing traffic counters in the street) until the spring, but we will schedule this as the weather allows. Second, we will review the requirements for a school speed zone and prepare a recommendation. We will review the recommendation with you and then present it to the City's Board of Public Works, whose approval is required to install a new speed zone. Third, I'd like to suggest that we meet sometime in the next few weeks to discuss other options and related initiatives to improve safety for pedestrians, bicyclists and motorists in this area. There is only so much engineering responses can do, and enforcement and education play strong roles in improving safety. I will notify the Ithaca Police Department about the current concern, but we will certainly want them involved should the regulations change. Page 1 of 2 'An Equal Opportunity Employer with a commitment to workforce diversification." CITY OF 1THACA 108 East Green Street, Suite 202 Ithaca, New York 14850 -5690 «PP g °� OFFICE OF THE CITY ENGINEER Telephone: 607;274 -6530 Fax: 607,1274 -6587 January 23, 2012 Mr. Jarett Powers Principal, Ithaca High School 1401 North Cayuga Street Ithaca, NY 14850 Dear Mr. Powers, Thank you for your letter of November 21st in regard to pedestrian safety along the North Cayuga Street side of the high school campus. I appreciate and share your concern for student safety and I would be very interested to work with you on strategies to enhance safety in this area. I'd Iike to suggest three things. First, my office will conduct an analysis for this stretch of North Cayuga Street to review collision history and pedestrian, bicycle, and motorist conditions. We will consider sight Iines and will review any traffic data we have on volumes and speeds. We are limited in collecting new data on traffic (specifically, installing traffic counters in the street) until the spring, but we will schedule this as the weather allows. Second, we will review the requirements for a school speed zone and prepare a recommendation. We will review the recommendation with you and then present it to the City's Board of Public Works, whose approval is required to install a new speed zone. Third, I'd like to suggest that we meet sometime in the next few weeks to discuss other options and related initiatives to improve safety for pedestrians, bicyclists and motorists in this area. There is only so much engineering responses can do, and enforcement and education play strong roles in improving safety. I will notify the Ithaca Police Department about the current concern, but we will certainly want them involved should the regulations change. Page 1 of 2 'An Equal Opportunity Employer with a commitment to workforce diversification." (1/25/2012) Bill Gray - letter to Powers.pdf Page 2 Also, I think there is some opportunity this spring to work with students on safe routes to school initiatives. I have been contacted by Chris Hayes, a graduate student in Cornell`s City and Regional Planning program, and he has been talking with Sara Shenk about a government class project related to Safe Routes to School. I am hoping to connect with them soon to further explore how that work may be able to collect information and suggest initiatives to encourage more students to walk and bike to school and to improve student safety (and everybody's safety for that matter) along the way. I think bringing them into this conversation at some point would be very useful. I look forward to working with you and /or your staff. You can reach me directly at 274 -6535 or timlo@cityofithaca.org. xuur5 sutcereiy, Tim Logue City Transportation Engineer cc: Bill Gray, Superintendent of Public Works Ed Vallely, Chief of Police Page 2 of 2 Jan 27 12 02:50p Cornell In Rome & RAP NYC 6072558476 p.2 January 25, 2012 Superintendent William J. Gray, P.E. City of Ithaca, Department of Public Works 108 East Green Street, Room 202 Ithaca, New York 14850 Mr. Joe Turcotte, General Manager TCAT 737 Willow Avenue Ithaca, New York 14850 Dear Superintendent Gray and Mr. Turcotte: We are writing as a neighborhood with concerns about the newly sited TCAT bus shelter on University Avenue at the base of Cascadilla gorge. Though this appeared to us literally overnight about two weeks ago, we have since discovered (through discussions with TCAT and city officials), that this project has actually been in progress for about the last three years, and further that it had been reviewed by several city departments as well as the Parks Commission; we even learned that the ex -city Attorney made a personal trip to the site himself to ensure the best possible outcome. We also learned that the selection of its design was carefully considered. All of these efforts are greatly appreciated, because without them, the impact to our neighborhood and to the gorge could be far greater. What is disappointing, however, is that throughout all this time and review, the most immediate stakeholders were not involved or informed of this plan; this group includes the full -time residents in closest proximity, the Cornell Plantations, and the board of the First Church of Christ Scientist. If we, the undersigned neighbors, had been given an opportunity to speak we would have asked for the siting of this to be re- considered to preserve the unique view shed in this small corner of the city. Though East Court Street/University Avenue is a busy thoroughfare, we are also a neighborhood, with beloved and well -kept historic buildings and a unique natural area with a waterfall. We think the views north and south of the church, the creek and bridge itself, and the notable Victorian houses on East Court Street, worthy of protection. The First Church of Christ Scientist structure is arguably one of the best examples of turn- of -the- (20`h) century architecture that the city boasts. We are sorry to see the bus shelter, (even in its current pristine condition), now juxtaposed against it, and the historic character of the entire block changed. Additionally, the bus shelter visually impacts a previously uncluttered entryway to the Cascadilla gorge trail, changing the experience for visitors to the gorge as well as for passersby on the street. Please note that the Director of Cornell Plantations, Dr. Donald Rakow, has sent a separate letter addressing his concerns about the shelter's visual impact on this natural area. We recognize that given the tight parameters of the location, the shelter may very well be in the only reasonably safe and least obtrusive position if there is to be a shelter at this stop. We also understand that it is currently "off- plan" and is to be moved about 11' to the north, which would certainly be far preferable to moving it any further south. However, we would still like to ask the Jan 27 12 02:51p Cornell In Rome 13, RAP NYC 6072558476 p.3 Department of Public Works and TCAT to first consider removal of the shelter altogether. Given that this project was conceived prior to the recent schedule change, which now brings the #10 shuttle to the stop every.5 minutes at peak times and every 10 minutes all the rest of the day and evening, (instead of every 10 minutes as it was previously), it seems worth asking if this structure is warranted at this particular stop with such short wait times. Our neighborhood already daily shoulders the noise and exhaust of nearly 85 passes of the #10 bus alone through our neighborhood. This visual intrusion of a permanent structure adds yet another layer to the load. Lastly, we would like to ask that a well- articulated and written placement procedure that includes community notification and input be established with regard to the placement of bus shelters to ensure a more inclusive process is followed in the future. Concern for neighborhood aesthetics and preserving neighborhood history and character and unique in -city natural areas are priorities for us and many other city residents. To efficiently notify residents, perhaps signage much like that used to advise residents of tree removal could be considered. Thank you in advance for your consideration of our requests. We look forward to your reply and discussion of your next step. With Best Regards, Shelley Feldman, 319 East Court Street Rebecca Jemian, 119 Terrace Place Cindy Reid, 127 Terrace Place Cornelia Hill, 136 Cascadilla Park Road Shelley McGuire, 205 Cascadilla Park Road Cathie Simpson, 316 East Court Street Margherita Fabrizio, 105 Cascadilla Park Road Cc: Dr. Donald Rakow The First Church of Christ Scientist Pamela Mackesey Graham Kerslick Eddie Rooker Debra Mohlenhoff Jennifer Dotson Kathy Luz Herrara Jo Ann Cornish Lynn Cunningham Truame Svante Myrick Jan 27 12 02:51p Cornell In Rome & ARP NYC 6072558476 p.4 UK# Cornell University Cornell Plantations ED January 23, 2012 Superintendent of Public Works City of Ithaca 108 E. Green St., Ithaca, NY 14850 Dear Superintendent. I am writing you as the executive director of Cornell Plantations, responsible for the stewardship of Cornell's gorges and other natural areas. As such, I have been quite disturbed by the placement of the new bus shelter along Lake Street adjacent to 'Treman Triangle! This shelter obscures views toward the beautiful Cascadilla Gorge and is a eyesore for users of fireman Triangle. While I recognize the need to provide adequate shelter for TCAT riders, it is my understanding that during busy commuter times busses arrive at the Treman Triangle site every 5-10 minutes, Given this status, there seems little need for this shelter. If, however, it is determined by you and the TCAT Board that a shelter is essential, I would request that it be relocated so that its negative aesthetic impact, is minimized. I appreciate your consideration of this request. MEN,,` AOrne L ll P1 ations C_J — Botanical Gardens. Arboretum- Natural Areas Cornell University is an equal opportunity, affix -ative action educator and employer. @ Printed on 100% post- consumer recycled paper CITY OF IT CA 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 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: January 24, 2012 Re: Traffic issues in the South of the Creek neighborhood I understand that you had a conversation at your last meeting about the South of the Creek neighborhood and that you'd be interested in a little update. Last summer the decision was made to remove the "diverters" on Wood and South streets at the intersections with Fair Street. We took traffic counts before they were removed so that we have baseline data on traffic volumes and traffic speeds. The "diverters" were removed in the late fall of 2011 with, as far as I know, fairly little fanfare. Since then, I've seen one email and heard directly from one person that they were concerned about traffic volumes increasing and that some drivers were speeding, but, otherwise, things have been somewhat quiet. We are planning to replicate our traffic counts this coming May (we need to wait for warmer, drier weather for the equipment) and we will report to the Board what changes we've seen since our last counts and make a recommendation for a course of action. In a somewhat related matter, we are also looking at this neighborhood for enhancements related to our Bicycle Boulevard/ Neighborhood Greenways initiative. Currently, we are looking at South Plain Street (through the neighborhood), South Titus Ave (from Cayuga St to Plain St) and Wood Street (from Plain to Rt 13) to be part of the bicycle priority network. Very likely, there would be opportunities to include some traffic calming along these street segments in order to keep the streets friendly for the types of bicycle riders that we are focusing on, such as families, teenagers, seniors and novice riders. Lastly, enclosed is the map I made last year showing historical traffic counts for streets in this neighborhood. The area has gone through a lot of change over the past decade and by now, we are seeing how the build-out of the Southwest commercial area, the transportation changes implemented from the Six Point Traffic Plan and other changes are playing out. `An Equal Opportunity Employer with a commitment to workforce diversification." 0 South End Traffic Volumes 1995-2011 - Average a 3, W 30,175 (95) 32,830 (00) 26,280 (06) 30,307 (10) 5,958 (95) L 7,114 (98) 11,096 (00) 9,251 (09) 53 (02) 6,601 (98) 1,838( 05) 3,400 (08) 3,017 (94) 3,051 (97) 733 (02) 1,089 (11) Ri 397 (98) 425 (00) 1,291 (11) 758 (99) 1,781 (08) 5,553 (95) 3,897 (99) 849 (06) D 3,410 (00) 8,197 (08) 10,232 (95) 8,834 (99) 7,243 (01) 3,372 (05) 3,286 (06) 3,297 (10) 4,729 (95) one -way 4,476 (00) one -way 1,694 (95) 6,125 (05) two -way 2,130 (97) 6,428 (08) two -way 427 (02) {� 5,243 (10) two -way 857 (05) 728 (11) 10,592 (06) 7,690 (10) 1,462 (05) AIN ST ID 0 . 16 z -2 a LLJ 0 LL 0 L) LLI cq o co -,aD E .2 0 '-a ZT co 0 c .2 E z 0 '.2 Z L) Z 0-0 0 LLJ a' 0 CL 0 0 0 —0 0 CL in 0 Lu Z= N V 0 (0 -1 0 co 'o 0 0) 0 UJ co !R co Fn co 0 0 0 2 i�z iz Li m CO 0 F- C14 cq il-) C04 a ;; LL VO (D cn 2 CL= (D CM p !a E.S =0 pj (D 0 z -6 0 ca c; 0 m w - CL -0 Cc, 0 _0 -?0 M, E C3), 8 3 � 05 TO E -E w - 3: 0 2 0 -a— E ID O 0 �i 'a 0,0— ID IL w LL Cl) 65 'E 0) 0 Z;-) 0 i6 Cli Cl) CN Z;5 Z-3 � Lz o :�, t L) OR :5 Z5 it 0 to C p1 — Z5 o -25 -2 0 O 3: N E U ov CD E r- 25 22 'a- L6 a) 0 ',Oa $D E N as 0. 2 'ji (D (D PJ Z 2 ca C 0.9 2 15 .2 ie -0 C: 0 0 'm 0 Zi a9 a7 E to aa)Qy y cc w 0 cu -0 C) z .2 wo 0 0) x W 4, a w CTS as r E0 E 65 Gs CO) 75— q 0 .0 L0 0 0 r CL w. 3: Cn LLJ 41 U) J) (OD 0 J9 LL uj z 10 ro Y to D a . m 2 -5 0 >- LU w m r 05 -j m Ix ID 0 . 16 z -2 a LLJ 0 LL 0 L) LLI cq o co -,aD E .2 0 '-a ZT co 0 c .2 E z 0 '.2 Z L) Z 0-0 0 LLJ a' 0 CL 0 0 0 —0 0 CL in 0 Lu Z= N V 0 (0 -1 0 co 'o 0 0) 0 UJ co !R co Fn co 0 0 0 2 i�z iz Li m CO 0 F- C14 cq il-) C04 a ;; LL VO (D cn 2 CL= (D CM p !a E.S =0 pj (D 0 z -6 0 ca c; 0 m w - CL -0 Cc, 0 _0 -?0 M, E C3), 8 3 � 05 TO E -E w - 3: 0 2 0 -a— E ID O 0 �i 'a 0,0— ID IL w LL Cl) 65 'E 0) 0 Z;-) 0 i6 Cli Cl) CN Z;5 Z-3 � Lz HOLMBERG, GALBRAITH, VAN HOUTEN & MILLER ATTORNEYS AND COUNSELORS AT LAW 200 EAST BUFFALO STREET DIRK A. GALBRAITH SUITE 502 ANNA K. HOLMBERG ITHACA, NEW YORK 14851 -6599 LAURA H. HOLMBERG MATTHEW VAN HOUTEN (60 7) 273 -54 75 (1918 — 2004) SCOTT A. MILLER fax: (607) 272 -4140 -------------------- - - - - -- (service by fax or e -mail not accepted) LUKE Z. FENCHEL — r RECEIVED October 19, 2011 l OCT 2 1 2011 Office Of tilt !apt. and Debra Parsons Engineering Ithaca City Chamberlain H" 108 E. Green Street Ithaca, NY 14850 RE: 309 West Green Street Sidewalk Repair Tax Parcel No. 71. -9 -1 Dear Ms. Parsons: I received two invoices, dated July 25, 2011 and October 5, 2011, respectively. My apologies for not sending this letter sooner. I have reviewed the Building Department file for 309 West Green Street, which is a rental property 1 have owned since 2003. The Building Department file for 309 West Green Street includes multiple agent forms in which I provided my correct notification address of 912 Giles Street. Apparently a sidewalk repair notice was improperly sent to 503 Utica Street long after I had sold such property and had no connection with said Utica Street Address. No proper notice about sidewalk repair was ever sent by the City to my address at 912 Giles Street and a review of the Building Department file should confirm this. Notwithstanding this, I understand under the City Code that my wife and I are responsible for sidewalk repair. As such, I do not object to the subtotal of $2,440.77. However, I do respectfully request that the $610.19 surcharge be waived. Also, I respectfully request that the $61.02 charge on October 5, 2011 be waived. Please advise whether such proposal is acceptable and I will be happy to make immediate payment of $2,440.77. Thank you very much. Very truly yours, Scott A. Miller SAM :mjc Enc. Cc: Dan Hoffman, Esq. CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to : SCOTT MILLER TERESA MILLER 912 GILES St ITHACA NY 14850 Invoice Date : 07/25/2011 Invoice # : 00015126 Account # : 00001605 Due Date : 08/29/2011 City Engineer General Billing Information (607) 274 -6580 Information specific to bill (607)274 -6530 Property : 309 Green St W Invoice From: Citv Engineer Invoice Ref. Entry Date item Category Item Description Qty Price Total 07/25/2011 SIDEWALK REPAIR- 4 IN SIDEWALK 2009 SIDEWALK REPAIR 123.75 $11.09 $1,372.39 ASSESSMENT 4" 07/25/2011 SIDEWALK REPAIR- 6 INCH 2009 SIDEWALK REPAIR 87.50 $12.21 $1,068.38 ASSESSMENT 6" Additional Description: 2009 SIDEWALK REPAIR ASSESSMENT Make check payable to: ir" CITY OF ITHACA CHAMBERLAIN'S OFFICE H 8 108 E GREEN STREET ITHACA NY 14850 SCOTT MILLER TERESA MILLER 912 GILES St ITHACA NY 14850 Return this portion with your payment Sub - Total: $2,440.77 Surcharge: $610.19 Total: $3,05096 Invoice # : 07/25/2011 00015126 Please Pay on or before $3,050.96 08/29/2011 Amount Paid INVO0015126 1111111111111111 111111 1111111111 11111 11111 11111 11111 1111111111111 [Illilii7lTirIT1 1/ IT1]i1TITTiTIj _ 1 1/ / 1 1 1 / 1 1 1 1 1 I I i 1 111 1 / 1 1 1/ 1 1 /'_/ 1 From: Fernando Ramirez, Assistant to the Sidewalk Program Date: 03/31/2010 Re: Owner Protest of 2009 Sidewalk Assessment for 309 Green St. Scott Miller, the owner, is protesting the assessment for the sidewalk work that was dnma at 309 Green SL in October 2009 although he has not yet been billed. Mc Miller said he did not receive either Sidewalk Notice Of Defect that was r3@i|8d to him. The first notice was sent 08/O1/2OO8 and the second notice was sent On03/27/2OOS. The tax rolls received from assessment show the Green Street property was put in Mr. Millers name in December of 2004. According to Debra Parsons, the mailing address for the Green Street property remained as Utica Street until 2008, when it was changed to a Giles Street address. The Utica Street property was sold by Mr. Miller on 12/09/2005 so he did not receive correspondence mailed there regarding his 309 Green St property. The sidewalk database is kept current with yearly flags highlighting differences between GIS property addresses and sidewalk database addresses. Flagging was done once in 2008 and once in 2009 for individual review. Differences can be as minor as 108 E Green St." differing from "108 Green St. E". The 309 Green St property was not flagged for mailing address differences in 2008 or 2009. 2010 flags have not occurred yet. In short the only way to learn that a defect notice was not received is if the envelope is returned by the post office. Both notices were returned, but at the time they were returned, both GIS and sidewalk records showed the correct address had been used. Although further in-depth follow-up was planned, it apparently did not occur due to staffing limitations. The cost of the assessment for the sidewalk work is attached. The total value of the owner responsibility work is $3050.96. Mr. Miller has verbally asked for the assessment to be waived, His request is based upon the city failure 0J notify him via defect notice that the sidewalk work would bG done OO the property 8t309VV. Green St. The sidewalk crew routinely posts notice at the property approximately a week before work begins, although records are not kept. The recommendation is for the assessment to be expunged administratively instead of sending him a hi||' receiving a written protest and then providing e resolution for Board Of Public Works The previous rulings by the Board of Public Works has made 8 practice Of waiving bills when every standard procedure regarding property owners contact is not followed. Mr. Miller is 8vv8nS of the precedent. The 2010 Sidewalk Program will seek to avoid work on sidewalk in cases where property owners are not notified that their sidewalk iaon schedule hobereplaced. 3/27/2009 CITY OF ITHACA 108 East Green. Street, Ithaca, New York 14850 -5690 aY MCE OF TM CITY ENGINMR Telephone: 607/274 —SMO Far: BG7/274 -6587 MILLER, SCOTT 503 UTICA ST ITHACA, NY 14850 LOCATION: 30' GREEN ST W TAX PARCEL • 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: MINCIN 125 square feet of 4" thick sidewalk 0 square feet of 6" thick sidewalk MIND", 150 square feet of 4" thick sidewalk 200 square feet of 6" thick sidewalk This location is on the City's repair list 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 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 NEESE IMENIMEEME -■M ■■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■�■ ��i NOMINEE NEWE NI ■ ■�� ■ ■■ ■iii ■ ■IM■NIMIM■■■RMI OEM ;1i�� ■�I�iil ■■■■�■. ■Imp �l�r- s��r':�r1 ��'�1:% ■[t11%ilii ■■■ N■►■ t!■ l3 . ■ ■a ■ ■��■:�.�;�►��O�O�I■■il�i': %Ilia IMMINNIM r��■�■� ■■�■■��■■� ■■®■ ®tee ■ ■ ■ ® ®� ONEEM ■ice■ ■■■■ ®■■■�■■■��■■■■�■�■■ MMEMI ME MERE ■rF ■■I�■i■■ ®�■■��■■��s�■■■�■■■■ MEMO ME ■ ■t■■ M �■IM■■■■■ MINE � M ■MI IE■ M■■■■■■■ ■■ ■■■■NIM! ■■ ■ MM■■■■E■■■■ ■ E■ r : ■■I M■■EM ■■ ■ ■IME IMMS NIM■EII, IM IM■N■■■INE emnable ■■N M■ IMENEEEEEN ■e■E■ ®■■ ■ ■ ■ ■t ■ ■t■N■■ Unsatisfactory 41,81M■■■SI■ e■ ■�■■s■■�■■ ■ - .... • - G Grass in Jointl J Joint not Level 91■I■ ■IM! Elf ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■t■ - . Ramp all III EIVI Missing Slab ■r�� ■■ ■ • ONE MEN ■■ ® ■ ■ ■�■��■�■� L 0 CA TION.- 309 GREEN ST W PARCEL: 71.-9-1 NOTICE STAGE: 0 SPEC NEEDS: NOTICE: !MAILED UNIT COST GR CIT 4 WALK SF. WORKBY.- INOT YET KN I E C4 WALK SF. $50.00 DEBTOR: INOT YET KINI] E C4 WALK $: $1,386.25 TYPE. FTREECREW E C6 WALK SF. -01 WORKSITE: JLISTED E C6 WALK $: $0.00 OWNER-1: E C GRIND: ---- 01 [MILLER, SCOTT OWNER2: E C GRIND $: $0-00 I MA IL STREET : E C SUB TTL $: 1912 Giles St MAIL CITY. E 04 WALK SF. JITHACA,NY MAIL ZIP. 114850 E 04 WALK$: DATE LETTER: E 06 WALK SF. DATE FIELD: E 06 WALK $: DATE ASSESS: E 0 GRIND: DATE COMPL: E 0 GRIND $: UNIT COST 4 E 0 SUB TTL $: 1 $4,105.50 UNIT COST 6 FIELD STAGE: CY CONC. 0 SPEC NEEDS: ALL 6 WALK SF. WORKDATE: ALL 6 WALK$: CIT 4 WALK SF. ALL GRIND: CIT 6 WALK SF. ALL GRIND $: ASSESSMENT STAGE ALL 4 WALK SF: ALL 4 WALK $: ALL 6 WALK SF. ALL 6 WALK$: ALL GRIND: O ALL GRIND $: $50.00 ALL SUB TTL $: CIT 4 WALK $: CIT 6 WALK$: L------=$O.Oo CITY GRIND $: 1 $50.00 r1kril"'A C G)UND DONE. OWN 4 WALK SF. OWN 6 WALK SF. 0 GRIND DONE: CIT SUB 1) A OWN GRIND $: TTT Pt ADDED 25%: ASSESS $: ERA: $1,068.38 2/5108 0.25 hr grinding=2 joints 6/3/08 Inspection See previous defect notice. 3/17/09 Owner stopped in - changed mailing address. said never received defect notice. 3/10 measurements made Tuesday, March 23, 2010 Sidewalk Management GIS Utility Report CITY OF IT CA ° 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CHAMBERLAIN ! Telephone: 607/274 -6580 Fax: 607/272 -7348 RECEIVED ED 0111 1 4 2011 €t or the Supt. and Engineering To: Board of Public Works From: Debra Parsons, City Chamberlain Re: Sidewalk Assessment, 307 N. Albany Street Date: October 12, 2011 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." �� The Law Office of Sharon M. Sulimowicz M szTBankBuihiing1TC3 Twga Place 118 North Tioga Street, Suite 202 Ithaca, New Tork14850 Phone: (607) 256 -0727 Fax: (607) 256 -0729 July 15, 2010 Debra _ ;. Parsons City Chamberlain City of Ithaca 108 East Green Street Ithaca, New York 14850 Re: 307 Albany Street N Dear Ms. Parsons: Sharon@smsattompyatlaw.com www.smsattompyatlaw.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 ate,,,, i'. I w� e happy to provide you with the contact information for ti"if-' seller's attorney. Thank you for your time and attention to the above. Very truly yours, aron . Sulimowicz SMS:dae cc: Amanda & Steve Kempf CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 130 AMANDA WRACK KEMPF STEPHEN 307 N ALBANY St ITHACA NY 14850 Invoice Date: 12/31/2009 Invoice # : 00011592 Account # : 00004318 Due Date: 02/15/2010 General Billing Information (607) 274 -6580 Information specific to bill (607)274 -6530 ►�rr�rfr��lrnn Make check payable to: CITY OF ITHACA s CHAMBERLAIN'S OFFICE s 108 E GREEN STREET ITHACA NY 14850 AMANDA WAACK KEMPF STEPHEN 307 N ALBANY St ITHACA NY 14850 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 fir �� r f t� r��f r�� f •� 1 111 Property Details ' Image Mate Online bUp://usmsJg2 ' AWCG Image Mate Online INavigation GIS Map Tax Maps I ORPS Links Help Log Out (cityithaca) Residential Property Into Inventory Improvements Tax Info Report IMEM |SVVIS1 500700 |TaxID: | 60.-3-11 U Name Address Property Waack, Amanda & Kempf, Amanda Stephen Waack 307 N Albany St Type Ithaca NY 14850 Waack, Amanda & Kempf, Stephen Stephen Kempf 307 N Albany St Ithaca NY 14850 Sale Date Price Property Sale Prior I I Class Type Owner 1 Family Building Dong Res Shee Value Arms Deed Deed Usable Length Book Page Yes Yes 51090 8002 raohs (Click on photo m enlarge it.) File Photo r—1 Photo zors °– Documents Deed History Sketch lof| 10/18/2011310 PM �