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HomeMy WebLinkAboutMN-BPW-2017-08-28BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. August 28, 2017 PRESENT: Vice Chair Jenkins Commissioners (3) – McCormick, Morache, Warden OTHERS PRESENT: Information Management Specialist - Myers Director of Engineering – Logue Common Council Liaison – Fleming Supt. of Public Works - Thorne Assistant Superintendent of Streets and Facilities – Benjamin Assistant Superintendent of Water and Sewer – Whitney EXCUSED: Mayor Myrick City Attorney – Lavine Director of Parking – Nagy Commissioner Greene Call to Order/Agenda Review: There were no additions to or deletions from the agenda. Communications and Hearings From Persons Before the Board: Eleanor May, Town of Ithaca, addressed the Board regarding the unacceptable condition of the windows of the main pavilion at Stewart Park. She rented the pavilion for their 60th wedding anniversary celebration recently; the pavilion itself was clean as was the bathroom, but the windows were filthy with geese dung. After three hours of cleaning by friends, the windows allowed guests to have a nice view of the lake, which was one of the reasons they rented the pavilion. The contract for use of the pavilion says that the building will be clean, and when one pays the high price to rent it, they expect to find clean windows through which the lake can be viewed. She suggested that the City implement a regular cleaning schedule for the windows in all the pavilions at Stewart Park so that other users can also enjoy the beautiful views of the lake from them. Commissioner McCormick thanked Mrs. May for the feedback she provided about the condition of the pavilion windows at Stewart Park. The City can’t address problems if it doesn’t know about them. Fay Gougakis, City of Ithaca, addressed the Board regarding the asbestos removal occurring as part of the new Harold’s Square Project on the Commons. She would like the City to require that the developer/contractor hold a public meeting with the residents and merchants on the Commons to discuss the project and to explain the plans they have to protect the public from asbestos while it is being removed from the building. She further addressed the Board regarding abandoned bicycles and bike racks located at and/or near the Greenstar Market. Board of Public Works Meeting Minutes August 28, 2017 2 Response to Public: Commissioner McCormick responded that the Bicycle Pedestrian Advisory Council has had some discussions at their meetings about what would need to be done in order to add more bike racks around the City, as well as the problem with abandoned bikes. Director of Engineering Logue responded that he was not aware there was an issue with the bike racks at Greenstar, and will investigate to see what the situation may be. Administrative and Communications: Approval of the April 10, 2017 Board of Public Works Meeting Minutes - Resolution Approval of the minutes was deferred until the next meeting of the Board on September 11, 2017. Reports: Asst. Supt. Benjamin reported that the road repair work on Coddington Road and Hudson Street was complete, with crews doing the final clean up today. Vice Chair Jenkins reported that three trees were tagged on West Green Street that will be cut down soon. Asst. Supt. Benjamin explained that the City received a Notice of Claim because a tree branch from a tree on West Green Street had fallen and caused significant damage to a vehicle parked on the street. Staff had inspected the tree during the regular spring inspection of all city trees, and that tree did not show signs of weakness or disease. Director of Engineering Logue reported that the repainting of the Stewart Avenue Bridge is substantially complete and is now open to vehicles. In addition, Paolangeli Contractors have begun work on the Forest Home Drive Slope Stabilization Project. Staff are currently reviewing drawings for the “City Center” project. The sidewalks on South Aurora Street will remain open throughout the project, and on East State/Martin Luther King, Jr. Street accommodations will be made for pedestrians to walk in one of the parking lanes. The developer chose to construct a pedestrian walkway diversion on both streets rather than pay the new fee for a street permit for the duration of the project. East Green Street sidewalks will be closed completely for the duration of the project; the City does not own Green Street - it’s owned by New York State. Asst. Supt. Whitney reported that the last bit of work on the new water treatment plant contracts and punch lists has been completed. Staff are now working with New York State Department of Environmental Conservation and the Army Corp. of Engineers on silt removal at the dams. In addition, crews are working on the 100 block of North Albany Street and the 100 and 200 blocks of South Albany Street to replace the water mains; the work should be completed by next spring. Supt. Thorne explained that last month the Board discussed a proposal to create a nature play area near the Wood Street Park Playground, and a City of Ithaca Parks Department Logo. Both of these items are now in the City Attorney’s office for review. They both may need to go through Common Council rather than the Board because they are city parks and they have the final authority to approve any changes to city parks. The attorney’s office is still reviewing them, so a decision has not been made yet; however, he wanted the Board to know that those two items have not been forgotten. Board of Public Works Meeting Minutes August 28, 2017 3 In addition, a flood study for the City is moving along, and the staff of the United States Geological Survey are almost done with updating the City of Ithaca flood maps. Once that is done, information will be presented to the Board. At the same time, staff will send out a request for qualifications to consultants for flood mitigation modeling with 50% of that cost coming out of capital project funds and the other 50% through a grant from New York State Secretary of State. He and staff are excited that there are finally people who are interested in doing this work for the City. Supt. Thorne further reported that the staff of the Department of Public Works has their meeting with the Mayor and City Controller to review the department’s proposed 2018 budget next Wednesday. As part of that meeting, they will be submitting a proposal in memo format, to justify hiring additional crews for both the Water and Sewer and Streets and Facilities divisions to help catch up on the back log of work. They are really hoping that Common Council will give the proposal their approval and include it in the 2018 City of Ithaca budget. Highways Streets & Sidewalks: Request for Encroachment Agreement/License at 144 East Spencer Street - Resolution By Commissioner Warden: Seconded by Commission McCormick WHEREAS, Asaf J. Dror, owner of the property at 144 East Spencer Street (Tax Map Parcel No. 81.-10-2), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent street right-of-way for East Spencer Street and City-owned property of 121-35 East Clinton Street (Tax Map Parcel No. 81.- 10-1) ; and WHEREAS, the encroachment consists of the following: 1) On the southeastern face of the building, a portion of the por ch approximately 15 feet long, encroaching in the City right of way to the southeast by approximately 0.5 feet together with a stairway approximately 5 feet wide and encroaching in the City right of way to the southeast by approximately 2.5 feet, thereby e ncompassing an encroachment of approximately 17.5 square feet, and 2) On the northeastern face of the building and lot line, a stonewall encroaching onto the City property located at 121-35 East Clinton Street (Tax Map Parcel No. 81.-10-1) by approximately 5.6 feet by 2.5 feet together with a second irregular stone wall approximately 22.5 feet long encroaching onto the aforementioned City property by no more than 2 feet in width, both of which are shown on a resurvey map prepared by Michael John Reagan of Reagan Land Surveying, dated June 8, 2017; and WHEREAS, it appears that the first described encroachment is inside the current location of the existing public sidewalks on East Spencer Street and will not interfere with the sidewalk as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, for use of City-owned property, the City requires an initial application fee of $100 for new licenses, but stipulates that the annual use fee shall be waived for minor encroachments; now, therefore be it Board of Public Works Meeting Minutes August 28, 2017 4 RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 144 East Spencer Street, as proposed, contingent upon the execution of a license/agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance ; and, be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license/agreement allowi ng said encroachment, revocable upon 90 days’ written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City’s Municipal Code. Carried Unanimously Board of Public Works Meeting Minutes August 28, 2017 5 AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this ___ day of ____________, 2017, by and between: ► Asaf J. Dror, the owner of the property at 144 East Spencer Street, Ithaca, NY 14850, (hereinafter referred to as “LICENSEE”), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly known and designated as144 East Spencer Street, Ithaca, New York, and as Tax Map Parcel No. 81.-10-2; and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above -referenced parcel of LICENSEE, which CITY-owned land consists of approximately 40 square feet and is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: 1) On the southeastern face of the building located at 144 East Spencer Street, a portion of the porch approximately 15 feet long, encroaching in the City right of way to the southeast by approximately 0.5 feet together with a stairway approximately 5 feet wide and encroaching in the City right of way to the southeast by approximately 2.5 feet, thereby encompassing an encroachment of approximately 17.5 square feet, and 2) On the northeastern face of the building located at 144 East Spencer Street and lot line of the same, a stonewall encroaching onto the City property located at 121-35 East Clinton Street (Tax Map Parcel No. 81.-10-1) by approximately 5.6 feet by 2.5 feet together with a second irregular stone wall approximately 22.5 feet long encroaching onto the aforementioned City property by no more than 2 feet in width, and Both of which are shown on a resurvey map prepared by Michael John Reagan of Reagan Land Surveying, dated June 8, 2017, and is hereby attached and incorporated into this agreement as Exhibit A; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons; and WHEREAS, the CITY’s Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above-described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: Board of Public Works Meeting Minutes August 28, 2017 6 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City-owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE of the above-described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License/Agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing April 1, 2017 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2018. This License shall renew automatically thereafter, for one-year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annu ally, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1st), and provided that the CITY has not notified LICENSEE, by March 1st, of the CITY’s intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days’ written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month’s notice that the Superintendent has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months’ written notice to LICENSEE that the CITY’s Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non- emergency revocation or modification to the CITY’s Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro-rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain’s office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. Board of Public Works Meeting Minutes August 28, 2017 7 Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2017, until March 31, 2018) is $0.00. This Use Fee is waived because the described use is a minor encroachment. In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1 st prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro-rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public’s use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE’s failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE’s duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro-rated refund due to LICENSEE and/or may assess the cost thereof (plus 25%) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached-upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or faul t of said LICENSEE or its servants or agents in connection with the maintenance of the afore-mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorney’s fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE’s obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide writt en proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the Board of Public Works Meeting Minutes August 28, 2017 8 annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non-renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re-application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee’s name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. By: ______________________________ _______________________________ (Licensee) (Print name and title) CITY OF ITHACA By: _________________________________, Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of ____________, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. ____________________________________ (Notary Public) STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of _____________, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation describe d in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. ____________________________________ (Notary Public) Approved as to form and content: ______________________________________ City Attorney Date _______________________________ Board of Public Works Meeting Minutes August 28, 2017 9 Approval of 2018 Sidewalk Improvement District Work Plan and Assessment Roll - Resolution By Commissioner Warden: Seconded by Commissioner McCormick WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair; and WHEREAS the Board of Public Works is responsible for recommending to the Common Council a budget and schedule of work for each SID district for each fiscal year, following a public hearing; and WHEREAS the Board has received a proposed SID assessment roll, budget, and schedule of work for Fiscal Year 2018; and WHEREAS the City provided public notice of the SID assessment roll, budget, and schedule of work in August 2017; and WHEREAS owners of assessed properties were provided an opportunity to file written objections with the City Clerk, and present evidence to the Board at a public hearing on August 14, 2017; and WHEREAS the Board has given due consideration to the objections, if any, presen ted by the property owners in accordance with Section C-73; now, therefore, be it RESOLVED, That the Board recommends, subject to amendment and approval by the Common Council, the 2018 budget and schedule of work attached hereto; and, be it further RESOLVED, That the Board finally approves the schedule of assessments constituting the 2018 assessment roll, which are reflected on the assessment roll kept on file with the City Clerk, which roll the Superintendent of Public Works shall on behalf of the Board file with the Common Council in the form of an upcoming Committee agenda thereof, and which roll shall thereafter be confirmed, as amended, by the Common Council by local law after a public hearing, creating a lien upon the real property so assessed. Carried Unanimously Creeks, Bridges & Parks: Approval to Close Stewart Park to Vehicular Traffic During the Cayuga Sound Festival on September 23, 2017 - Resolution By Commissioner McCormick: Seconded by Commissioner Morache WHEREAS, a new ticketed Cayuga Sound Festival will be held in Stewart Park on September 23, 2017, with surplus proceeds going to local non -profit organizations; and WHEREAS, event organizers have requested to close Stewart Park to public vehicular traffic, to fence off the festival area (approximately the western half of the park), and to reroute the Cayuga Waterfront Trail; and WHEREAS, the City of Ithaca Special Events committee is reviewing this festival and moving toward approvals and has requested that the BPW approve the request to use the park; and Board of Public Works Meeting Minutes August 28, 2017 10 WHEREAS, the Board of Public Works discussed the Cayuga Sound requests on August 14, 2017, including the Festival’s plans to manage traffic, pedestrian and bicycle access, and emergency vehicle access; now, therefore be it RESOLVED, That the Board of Public Works hereby approves the closure of Stewart Park to vehicular access on Saturday, September 23 rd, including the temporary rerouting of the Cayuga Waterfront Trail. Carried Unanimously Discussion Items: Appeal of Water Bill for 142 South Aurora Street Asst. Supt. Whitney reported that staff provided 133 pages of water usage information on the property for the time period October 1, 2015 to March 10, 2015, and October 2016 to January 7, 2017. The meter was read manually in addition to the remote meter reading. He has no doubt that water did pass through the pipes. The information for the two different years that showed when the usage occurred and how much water was used, plus staff provided charts/graphs that indicated high and low periods of use, plus they met with the owner of the property. A brief discussion followed on the floor with staff answer questions from Board Members on how meters are read and remote reading of water meters versus manual reading. One toilet was suspect but it was not running at the time, the techs investigated and checked into the typical causes for overage, and did a walk through the building with the property owner - nothing significant was found. Board members supported staff’s recommendation and assessment that someone was using the water for something and therefore should be billed accordingly. Asst. Supt. Whitney will prepare a resolution to deny the appeal for the Board’s meeting on September 11, 2017. Adjournment: On a motion the meeting adjourned at 5:35 p.m. __________________________________ ________________________________ Sarah L. Myers, Claudia Jenkins, Information Management Specialist Vice Chair