HomeMy WebLinkAbout02-19-19 Board of Public Works Meeting AgendaBPW Meeting
Board of Public Works
AGENDA ITEMS
Topic
1. Call to Order/Agenda Review
2. Mayor's Communications
3. Communications and Hearings from Persons
Before the Board
4. Response to the Public
5. Reports
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6. New Presentations
7. Administration & Communications
A. Minutes for Approval
1. August 2018
2. September 2018
Voting?
No
No
No
No
No
DATE: February 19, 2019
TIME: 6:00 pm
LOCATION: 3rd Floor,
City Hall, Council Chambers
108 E. Green St., Ithaca
Time
Presenter(s) Allowed
Mayor Myrick
Mayor Myrick
Public 5 min.
Commissioners
Various
15 min.
Yes Mayor Myrick 5 min.
B. Resolution to Repeal DPW Drug and Alcohol Yes Supt. Thorne 10 min.
Testing Policy Statement
The Superintendent would like to repeal the policy that was enacted in 2002 and prepare a new
policy that contain different penalties for employees that test positive for drugs.
8. Buildings, Properties, Refuse & Transit
A. Resolution to Authorize Execution of a License Yes Supt. Thorne 10 min.
Agreement for Installation and Maintenance of
TCAT Bus Shelters within the City Right of Way
TCAT wants to install new bus shelters along their bus routes. The shelters would be
constructed in the City's right of way. They are requesting a revocable license agreement for
the installation and maintenance of those shelters.
9. Highways, Streets & Sidewalks
A. Vision Zero Initiative No Dir. of Eng. Logue 10 min.
A request for the city to official adopt a "Vision Zero" strategy for the city's roadway network will
be sent to Common Council. This discussion is for the Board's information and discussion.
B. City Speed Limit Change No Dir. of Eng. Logue 15 min.
After extensive evaluation, staff is recommending a change to the speed limit with the City.
C. 2019 Traffic Calming Program Recommendations No Dir. of Eng. Logue 10 min.
This is an update on the Traffic Calming Program.
10. Parking & Traffic
A. 304 Mitchell Street Request for Residential No Dir. of Parking 15 min.
Parking Permits Messmer
Information was gathered and is presented to explain the history of RPPS for this address and
If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, p/ease contact the City Clerk at
607-274-6570 at least 48 hours before the meeting.
The Board of Public Works meets on the second and fourth Mondays 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.
Time
Topic Voting? Presenter(s) Allowed
the reasoning for allowing the resident to purchase a permit.
B. Resolution to Add a Handicap Parking Sign Yes Dir. of Parking 5 min
located at 126 Farm Street Messmer
The City received a request for an additional Accessible Parking Space on Farm Street.
C. Resolution to Add a 15 minute Parking Zone in Yes 5 min.
Front of CFCU Community Credit Union on Esty
Street
The City would like to change the parking regulations on Esty Street to allow for 15 minute
parking adjacent to CFCU Community Credit Union.
D. Resolution to Establish No Parking Anytime on Yes 10 min.
Both Sides of the Full Length of Pier Road
City staff is requesting that parking be prohibited along Pier Road.
E. Resolution to Establish 15 minute Parking on the Yes 5 min.
North Side of East Court Street Adjacent to
Temple Beth El
The City would like to modify the parking regulations on Court Street near Temple Beth El to 15
minute parking.
11. Creeks, Bridges & Parks
A. Resolution Accepting Title to Portions of Brindley Yes Dir. of Eng. Logue 10 min.
and Taber Streets and Assuming Maintenance
Responsibility
A resolution is required stating that the City accepts the property for the Brindley Street Bridge
Project and agrees to maintain the same.
A. Authorization for Mayor to Execute a Yes Dir. of Eng. Logue 10 min.
Memorandum of Understanding ("MOU") with the
Town of Ithaca to Permit the Town to Use the
Route 13 Pedestrian Bridge for the Gateway Trail
- Resolution
The Town of Ithaca is moving forward with the Gateway Trail and would like to enter into an
MOU with the City for use of the pedestrian bridge that crosses Route 13.
12. Water & Sewer
A. Denial of Appeal of Water Service Installation Yes Asst. Supt. Whitney 5 min.
Billing for 926, 930, 936 Hector Street —
Resolution
A resolution denying the appeal is provided per the Board's discussion in January 2019.
13. New Business No
14. Adjournment Yes
Date: February 13, 2019
Page 2 of 11
7B. Resolution to Repeal DPW Druq and Alcohol Testing Policy Statement
WHEREAS, the City of Ithaca Department of Public Works has a Policy Statement for Drug
and Alcohol Testing, adopted by the Board of Public Works on December 11, 2002, which
follows US Department of Transportation regulation 49 CFR Part 40 for employees who are
required to hold Commercial Drivers Licenses, but which also imposes additional penalties on
DPW employees who have positive test results, and
WHEREAS, the additional penalties imposed by the DPW policy statement have the potential
to penalize the Department of Public Works and the City of Ithaca as well, by placing the
employee who tests positive on unpaid leave for an undefined period of time (typically 1 to 2
months), thereby leaving the DPW workforce shorthanded, and
WHEREAS, the Superintendent of Public Works, in consultation with Human Resources and
the City Attorney's office, is desirous of developing new penalties for employees who test
positive on random drug tests, and which such process shall be consistent with USDOT 49
CFR Part 40 and the Tompkins County Consortium Drug and Alcohol Testing Program Policy,
the latter of which was adopted by the City of Ithaca in 2010, and
WHEREAS, adoption of a new DPW policy, implemented and modified as needed from time to
time by the Superintendent of Public Works, requires the repeal of the current policy, therefore
be it
RESOLVED, That the City of Ithaca, Department of Public Works Omnibus Drug and Alcohol
Testing Policy Statement adopted by the Board of Public Works on December 11, 2002 is
hereby repealed, and be it further
RESOLVED, That the Superintendent of Public Works shall adopt a new and similar policy
and, in consultation with Human Resources and the City Attorney's office, will develop new
penalties thereunder for employees who are required to participate and subsequently fail
random drug and alcohol tests.
Page 3 of 11
8A. Resolution to Authorize Execution of a License Agreement for Installation and
Maintenance of TCAT Bus Shelters within the City Right of Way
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT), a not-for-profit corporation, has
received funding to install certain bus shelters within the City of Ithaca; and
WHEREAS, the current proposed site to utilize an existing concrete pad, installed by the City,
and within the City's right of way east of the Salvation Army building, located at 150 North
Albany Street; and
WHEREAS, the installation and maintenance of bus shelters provides a benefit to City
residents; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs, due to the existing use of City owned property at this location; and now,
therefore, be it
RESOLVED, That the Board of Public Works authorizes the Mayor, upon the advice and
counsel of the City Attorney, to enter into a revocable license agreement with TCAT for
installation of the above -referenced bus shelter.
Page 4 of 11
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LICENSE AGREEMENT—TRANSIT FACILITIES
This License Agreement, effective as of , is by and between Tompkins
Consolidated Area Transit, Inc., with offices at 737 Willow Avenue, Ithaca, NY 14850 ("TCAT"), and
with an address of/offices at ("Licensor").
TCAT and Licensor agree as follows:
1. Licensor grants to TCAT a revocable Iicense to erect,place, replace, maintain, repair, and
inspect a bus shelter, public transit sis,mndre|atedfani|ities/coUectivek/refenadtoay"Transit
Faci|ities"\vvithintheLicenseAnea/deschbedbe|ovv\onLicensor'sproperty(the"Propertx")|ocatedat
, together with the rights of free ingress and egress in, over, across, upon and under
the License Area. The license includes the right of the public to use the Transit Facilities and to have
ingress and egress rights over and across the License Area to wait for, board and exit from public transit
buses. The License Area and Transit Facilities' locations, dimensions, and methods of installation are
shown and described in attached Exhibit A, which Exhibit is incorporated by reference into this License
Agreement. The parties may amend Exhibit A from time to time by a written document signed by both
parties.
2. Licensor agrees that no buildingsstructures, trees or plants shall be constructed, installed,
placed or maintained within the License Area that interfere with complete access to or the use of the
License Area by TCAT, its successors, assigns, employees or agents, or the public, as described herein.
3. Licensor agrees it will not engage in any conduct, directly or indirectly, that blocks, obstructs,
or interferes with the rights as described herein of TCAT, its successors, assigns, employees or agents, or
the public.
4. Except as otherwise set forth in this paragraph, TCAT shall be responsible for all expenditures
of labor and materials and other expenses to erect, place, replace, maintain, repair, and inspect the
Transit Facilities, as well as for all labor or other expenses to relocate or dismantle them. All Transit
Facilities are and shall remain the property ofTCAT Licensor shall be responsible for the foliowing List
labor
5. Licensor shall be responsible for the cutting or trimming of any vegetation within the
License Area, the removal of trash from trash receptacles and litter from the License Area, and cleaning
the Transit Facilities.
6. shall be responsible for the removal of snow and ice from the License Area.
7. TCAT is responsible for obtaining any applicable site plan or other zoning approvals for the
Transit Facilities. If any portion of the Transit Facilities will be within any part of the New York State,
Tompkins County or municipal right-of-vvay,TCATis responsible for obtaining and complying with all
required New York State Department of Transportation, Tompkins County Highway, or municipal
highway permits associated with the placement of the Transit Facilities within the right-of-way.
8. If a Transit Facility poses a hazard to Licensor's operations or the public, Licensor may direct
TCAT by written notice to remove or repair the Transit Facility. TCAT shall do so as soon as feasible. If
Licensor determines in its sole discretion that the hazard must be addressed by immediate action,
Licensor may remove the Transit Facility without prior notice to TCAT and thereafter notify TCAT that it
1
took such emergency action. TCAT shall reimburse Licensor for its reasonable removal costs within
fifteen (15) days of receipt of Licensor's documentation of costs.
9. The license shall remain in effect unless and until this License Agreement terminates.Either
party may terminate this License Agreement upon sixty (60) days advance written notice to the other
party. In addition, this License Agreement will automatically terminate if TCAT removes all Transit
Facilities from the License Area and does not install any Transit Facilities within the following sixty (60)
day period.
10. If the License Agreement is terminated, TCAT must remove all Transit Facilities by the
termination date. Upon permanent removal of a Transit Facility from a location (regardless of whether
the License Agreement is terminated), TCAT shall restore the grade and original ground cover that were
disturbed by the Transit Facility's installation (if applicable), unless Licensor agrees in writing to accept a
different property condition.
11. Licensor is not charging TCAT a fee for the license, as the parties agree that TCAT provides a
valuable benefit to Licensor by transporting customers/residents on buses to the Property, and the
Transit Facilities will make it easier for Licensor's customers/residents to take TCAT's buses to and from
the Property.
12. Throughout the term of this License Agreement, TCAT shall maintain General Liability
insurance in the amount of $1,000,000.00 per occurrence for bodily i'uryorpropertydamnage,|istthe
Licensor as an additional insured under said insurance policy, and provide written proof of such
insurance from the insurer, prior to the effective date of this License Agreement, and thereafter as
required by Licensor.
13. This License Agreement is binding upon the partiestheir respective representativesand
successors and assigns.
14. This License Agreement is made in New ¥ork, and it shall be construed under the laws ofthe
State of New York without regard to, or the application of, New York State's choice of law provisions.
Both parties consent that if any action is brought to enforce this License Agreement, it shall be brought
only in an appropriate court in Tompkiris County, New York, and both parties consent to the jurisdiction
ofsuch court.
15. Any notices or other communications given under or in relation to this License Agreement
shall be deemed given if served personally or by commercial courier service upon the other party at the
address set forth above, or if mailed by certified mail to the other party at the address set forth above,
return receipt requested. All notices shall be effective upon the date of receipt. Either party may
change the address to which notices are sent by giving notice of such change in the manner set forth
above to the other party.
16. This License Agreement constitutes the entire agreement between the parties and
supersedes any and all prior written or oral agreementsnegotiations or understandings, existing
between the parties. This License Agreement may be amended only by a written document signed by
each party.
The parties have executed this License Agreement on the day(s) and year written below.
2
TOMPKINS CONSOLIDATED [LICENSOR'S NAME]
AREA TRANSIT, INC.
By: By:
[name] [name]
General Manager [title]
Date: Date:
Exhibit A
4
CI A.
To: Common Council
From: Eric Hathaway, Transportation Engineer
Date: 2/13/2019
Re: Vision Zero Initiative
I am writing to request that Common Council consider adopting the attached resolution and
officially embrace a "Vision Zero" strategy for the City's roadway network. Vision Zero is a
methodology to eliminate traffic fatalities and severe injuries occurring on the roadway
network. Vision Zero is a non-traditional approach to safety that requires a shift in how
communities approach decisions, actions, attitudes and safe mobility.
Vision Zero's innovative "Safe Systems" approach acknowledges that people make mistakes
and focuses on influencing system -wide practices, policies, and designs to lessen the severity
of crashes.
The three core elements for all Vision Zero communities are described below:
Core Elements
Leadership and Commitment
• The Mayor, elected officials, and leaders within transportation, public health and
police, commit to the goal of eliminating fatalities and serious injuries by a specific
timeframe. These leaders work collaboratively toward this goal.
• Meaningful and accessible community engagement is employed with a focus on
equity
• An action plan is developed with goals and strategies for achieving them
• Projects are prioritized that have safety benefits
Safe Roadways and Safe Speeds
• Streets are designed to create safe, well-connected transportation network for all users
• Proven speed management policies are used to achieve safe conditions for all users
February 13, 2019
Data -Driven Approach, Transparency and Accountability
• Commitment is made to equitable approach and outcomes, prioritizing engagement
and investments in under -served communities
• A proactive, systems -based approach is used to identify and address risk factors
• Map of fatal and severe injury crashes is developed to prioritize projects
• Findings are shared with decision makers and the public
I believe that the core elements described above represents a comprehensive approach to
traffic safety that would effect change in our community. The natural question to ask;
however, is whether we have a problem worth solving. at I have described above is a
significant effort and represents a change from how most communities approach safety.
The engineering office has bea city-wide evaluation of the crash trends for a 10 year
period using a state-wide database. We have found a record of 11,525 crashes, 1,393 (12%)
inj crashes, 178 (1.5%) severe injury crashes and 5 fatalities. Based on these numbers, I
do believe that the City of Ithaca has room to improve safety and that a comprehensive
approach is justified.
Next Steps
If Common Council and Mayor Myrick adopt Vision Zero, below are some of the initiatives
that I would undertake to move towards a safer transportation network. I invite further
suggestions as well.
Conduct a kick-off meeting with at least the following stakeholders to discuss Vision
Zero, partnership opportunities and key components of an action plan.
o Jan Lynch, Executive Director of Finger Lakes Independence Center
o Lisa Monroe, Director of Tompkins County Office for the Aging
o Nydia Boyd, Executive Director Southside Community Center
o Pete Tyler, Police Chief
o Dr. Luvelle Brown, Superintendent ICSD
o David Smith, NYSDOT Region 3 Regional Director
o Fernando DeAragon, Executive Director ITCTC
o Frank ppa, Public Health Director Tompkins County
o Victoria strong, Bike Walk Tompkins
o Bridgette Brady, Senior Director of Transportation Cornell University
o Scot VanderPool, TCAT Operation Manager
o Gary Ferguson, Downtown Ithaca Alliance
o Member of Common Council
o Member of Board of Public Works
o Member of MATCOM
o Member of Way2Go
o A representative from all active neighborhood groups
2
February 13, 2019
• Create a working group, made up of representatives from the Ithaca Police
Department, Public Health Dep. ent and the Transportation Engineer to meet
quarterly on initiatives and report back annually to the group listed above.
• Conduct Public Outreach Meetings with a focus on existing community groups and
communities that have not already requested traffic calming improvements. These
meetings would focus on anecdotal safety information not available from crash data
such as near -misses or places where people avoid walking or biking due to safety
concerns.
• Send an open invitation to neighborhoods that would like to welcome the
Transportation Engineer to walk their streets with them and discuss their concerns
• Engage with the public health community to bring a new perspectives and
information to the issue of traffic crashes. Some communities have partnered with
hospitals to collect additional information on crashes involving pedestrians and
bicyclists, as this information is often under -reported in traditional crash records. The
health community could also bring an epidemiological perspective to identify risk
factors in crashes.
• Develop a complete streets design policy in coordination with the City's upcoming
Transportation Plan
• F er evaluate crash records resulting in severe injuries and fatalities to find trends
and associated systemic countermeasures
• Investigate locations with higher crash occurrences and rates to identify location
specific countermeasures
• Seek grants to install advanced traffic signal equipment that can better detect and
react to vehicle, bicycle and pedestrian behavior
• Update existing traffic signal controllers and communications network to optimize
vehicle progression at speeds of 25 miles per hour
• Continue to pursue jurisdictional reali i ent that would grant the City control over
traffic signal operation and roadway design in downtown Ithaca along Green Street
and Seneca Street
An Immediate Action
The first action I recommend under the Vision Zero initiative is to pursue lowering the area -
wide speed limit from 30 miles per hour to 25 miles per hour.
The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's
traffic calming program. One finding from this work is that traffic speeds on many of these
streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering
this, along with the residential nature of almost all of Ithaca's streets, it is our conclusion that
it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of
Ithaca's roadway network and to 20 miles per hour in some locations.
February 13, 2019
A recent study by the Insurance Institute for Highway Safety found that a City-wide speed
limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower
speeds. This was independent of roadway infrastructure changes. Average speeds were not
greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by
29.3 percent. It is well documented that speeds in this range represent a danger to
pedestrians.
Unfortunately, New York state law does not currently allow communities to establish city-
wide speed limits under 30 miles per hour. The attached resolution would establish that
Common Council believes this is not appropriate. The attached resolution states that an
appropriate state law would permit the City of Ithaca, and all other cities and villages in New
York State, to establish appropriate city-wide and individual street speed limits, based on
accepted engineering practices.
Through my conversations with Barbara Lifton's office, this resolution would be the first
step towards requesting that the state law be changed to allow communities to establish
appropriate speeds in their community. I do want to clarify that setting a city-wide speed
limit of 25 miles per hour does not preclude setting individual speed limits higher than 25
miles per hour. It is likely that some roadways in the City would remain posted at 30 miles
per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour
area speed limit would be more appropriate and efficient for city-wide signage.
Conclusion
I believe that, by the City adopting Vision Zero as a philosophy, we have an opportunity to
better understand traffic safety issues and will be better equipped to improve safety.
4
RESOLUTION NO.
A RESOLUTION SUPPORTING THE CITY OF ITHACA'S
VISION ZERO PLAN TO ELIMINATE ALL TRAFFIC -RELATED
FATALITES AND SERIOUS INJURIES
WHEREAS, traffic crashes are among the leading cause of death and injury within the
United States; and
WHEREAS, traffic crashes are the leading cause of injury related death, second leading
cause of injury related hospitalizations and third leading cause for injury related
emergency department visits in New York State. On average, three New Yorkers die
every day due to a traffic -related crash. The combined hospitalization and emergency
department charges average $1.1 billion, annually; and
WHEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury
crashes including 5 fatalities; and
WHEREAS, the City is hereby recognizing that these crash statistics are not acceptable
for citizens, commuters, and tourists who live, work and play in the City of Ithaca; and
WHEREAS, death and injury on our streets is unacceptable and many serious crashes
are preventable; and
WHEREAS, traffic deaths and serious injuries in the United States have
disproportionately impacted pedestrians, cyclists, people of color, low-income
households, older adults and youth, people with disabilities, and households with limited
vehicle access; and
WHEREAS, the City will hereby commit to decreasing these crash statistics by
endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all
traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for
all; and
WHEREAS, the City of Ithaca will create a Vision Zero action plan that focuses on
safety as a primary objective in designing transportation projects;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca,
NY, that:
SECTION 1. The City of Ithaca hereby adopts a goal of eliminating traffic deaths and
serious injuries; and endorses Vision Zero as a comprehensive and collaborative
approach that involves several City departments in order to achieve this goal, and be it
further
RESOLVED The Common Council directs Public Works and Police Department to
create and pursue a Vision Zero Action Plan for future consideration by the Common
Council, based upon a comprehensive analysis of traffic deaths and injuries in the City
of Ithaca.
SECTION 3. Common Council directs the Transportation Engineer to oversee the
Vision Zero Action Plan to addresses traffic deaths and serious injuries through a
collaborative combination of engineering, enforcement, education, and evaluation, with
public engagement and other stakeholders.
SECTION 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND DULY ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ITHACA THIS DAY OF , 2019.
To: Common Council
From: Eric Hathaway, Transportation Engineer
Date: 2/13/2019
Re: City Speed Limit Change
The Engineering Office has evaluated speeds at roughly 20 locations as part of the City's
traffic calming program. One finding from this work is that traffic speeds on many of these
streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering
this, along with the residential nature of almost all of Ithaca's streets, it is our conclusion that
it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of
Ithaca's roadway network and to 20 miles per hour in some locations.
A recent study by the Insurance Institute for Highway Safety found that a City-wide speed
limit reduction in Boston from 30 miles per hour to 25 miles ner hour resulted in lower
speeds. This was independent of roadway infrastructure changes. Average speeds were not
greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by
29.3 percent. It is well documented that speeds in this range represent a danger to
pedestrians.
Unfortunately, New York state law does not currently allow communities to establish city-
wide speed limits under 30 miles per hour. The attached resolution would establish that
Common Council believes this is not appropriate. The attached resolution states that an
appropriate state law would permit the City of Ithaca, and all other cities and villages in New
York State, to establish appropriate city-wide and individual street speed limits, based on
accepted engineering practices.
Through my conversations with Barbara Lifton's office, this resolution would be the first
step towards requesting that the state law be changed to allow communities to establish
appropriate speeds in their community. I do want to clarify that setting a city-wide speed
limit of 25 miles per hour does not preclude setting individual speed limits higher than 25
miles per hour. It is likely that some roadways in the City would remain posted at 30 miles
per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour
area speed limit would be more appropriate and efficient for city-wide signage.
1
RESOLUTION NO.
A RESOLUTION SUPPORTING THE REDUCTION OF THE CITY-WIDE
DEFAULT SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER
HOUR
WHEREAS, the observed speeds that citizens report as feeling unsafe in their
communities has been shown to be less than 30 miles per hour through speed
evaluations; and
WHEREAS, Federal Highway Administration methodologies recommend speed limits
25 miles per hour and under on the type of roadways common in the City of Ithaca; and
WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a
City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour
resulted in lower speeds, especially in excess of 35 miles per hour; and
WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood
of injury or fatality as a result of a collision with a pedestrian; and
WHEREAS, reduced speeds narrow the difference in operating speeds of vehicles and
bicycles, which can improve safety for these vulnerable users of the roadway network;
and
WHEREAS, iower speeds provide greater flexibility in roadway design; and
WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour
represents an increase in travel time of only 24 seconds per mile under free flow
conditions; and
WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages
from establishing area -wide speed limits below 30 miles per hour and also prohibits
establishing any speed limit under 25 miles per hour on any roadway (except school
zones).
WHEREAS, in some cases, this law prevents the City from establishing appropriate
speed limits based on accepted engineering practices; and
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca,
NY, that:
SECTION 1. The City of Ithaca hereby requests that the State of New York amend
Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to
establish a city-wide speed limit as low as 25 miles per hour. Further, on roadways
where established FHWA methodologies for establishing speed limits recommend
speed limits lower than 25 miles per hour, cities and villages should be permitted to post
speed limits lower than 25 miles per hour.
PASSED AND DULY ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ITHACA THIS DAY OF , 2019.
TQ:
FROM:
CITY OF ITHACA
1(08 Kist Green Street, Suite 202 Ithaca. NeW )(Oa 14850-5690
OFFICE OF Tilt C11-1' ENGENELR
Telephone 607.27.4-6530 Etx: 607/27±6587
Board of Public Works
Eric Hathaway, Transportation Engineer
Kent Johnson, Assistant Transportation Engineer RE 201 2019 Traffic Calming Program recommendations
DATE: January 23, 2019
This memo provides an update to the previous Traffic Calming Program memo dated 3/7/ 8. The previous
memo outlined the work proposed to occur in 2018. This memo summarizes the work accomplished in 2018
and work to be carried over into the 2019 season, along with a few proposed revisions to the work plan,
Work acconiplished in 2018:
Twenty traffic calming request applications were processed and evaluated,
Staff proposed and evaluated possible traffic calming measures at a few additional locations.
Traffic calming infrastructure plans were created,
Six driver speed feedback signs were installed.
In 2018, almost $40,000 was invested in traffic calming infrastructure and equipment.
Work proposed to occur in 2019:
A spreadsheet is provided below detailing the evaluation results from each traffic calming request —
summary of the work proposed to occur in 2019 is listed below:
200 block S. Geneva St. — establish an at -grade mid -block crosswalk including curb bump -outs to shorten
the crossing distance and improve visibility.
300 block S. Geneva St. — install a concrete center island at the approach to N. Titus Ave. to encourage
drivers to slow down when turning from N. Titus Ave, onto S. Geneva St.
Hudson St./Hillview P1. intersection area — install additional pedestrian crossing treatrnents including a
curb bump -out, new curb ramps, and in -street yield to pedestrian sign. Also install white edgeline in the
northbound direction on Hudson St. between Crescent P1. and Hillview P1.
E. Falls St. — install a raised crosswalk across E. Falls St. at the N. Tioga St. inter. ction,
E. Seneca St. — install curb bump -outs at the Schuyler P1 intersection.
- W. Court St, — install two raised crosswalks to connect to Washington Park to complete previously planned
work.
- Mitchell St. — install speed hump in the 800 block.
- Madison St. — install speed hump in the 200 block.
Fair St, area — install concrete raised center islands on South Stand on Wood St. on their eastbound
approaches to Fair Street. Install a speed hump in the 300 block of Wood St.
The total cost for design and construction work planned for 2019 is estimated to be around $80,000.
\CAPITAL PROJECTS1Traffic Calming - CP 841 \New Traffic Calming project CP 841 \MEMO to BPW - 2019 Traffic Calming
recommendations - rev 1-23-19.doc
A» hporophry Employer with a onifirihtmont or workforce diversification,"
t
Traffic Calming Program Request Log CP #841
P. mans
3313 111810310
Amts..
3133 3.3
application
Request bcatlon
peg.. submitted AY
Applicants' waffle
SPAPPR.
Summar/ et We Progingerkig Offias Waffle
emaluatIon
Status PP Request
810811113127
processing
cruplete?
on tigicuming
sortunicskin
Plau?
Kowa to dew
Upcoming
anticipated
newts
Total
Essarnatmil
.0114
secludes
300,112p
work?
4/11/2017
2013
200 61.a.k of A Geneva St.
NI, ZILtettella
Hand for pedestrierw to
crass the street mid-
107 2311 type of Street We traffic volumes are
somewhat over the target range and 'We
traffic speeds are within the target range.
3721 under evaluation...589as 1281 1143313.
staff have surveyed/1e Madden and we
working on developing p.m for possible
rialdablock 00201and coosswalli.
no
333
SO
21,100'
223,040(17
new drainage
0U110122 112
required)
71-20K
unk
12/1/3027
3023
200 Neck of A 2231 10
Richard Guttridge
Nock,
7/12/2017
2018
300 block WI S. Genera St.
83201r7 00302
Traffic speeds and
volumes ton high,
motorists not yielding
ProPeriV
For Wis type al strew, the traffic volumes and
the Ire ic speeds are within the target range.
SOH under evakiedon. tial traffic volume
reduction concepts were rejected I, IFD. A
mised center Island is under consideration
for Installation at the south end 27012 02,03
to reduce turning speeds.No
Ws
$0
Centerbland
$1,600
01,800
unk
0/3/2017
2013
860 Nock of E. Lincoln St.
Jonathan Nall
Traffic speeds and
For this type of street, the traffic volumes and
the traffic speeds are In the lower end of the
1813 ,1130.
Completed. ne 10032 calming wark
warranted in -planned, Bresswalk.kurb ramp
Improvements may be made In the fimure as
SID woh.
yes
30
$0
,,,,,,
unk
unk
803/2017
2018
1(1.200 blocks of E. Uncoln
St.
Torn Knipe
volumes too high, too
much 'cut thud traffic
3/9/2017
2018
7131016 81. (entire length)
Carol Peciarhuirn
yie$L, aa,,,ds and
Wm this ATe of street, the tram volumes and
the traffic speeds we beim the 3311 71731.
Pedestrian warning crowing WirmewmOnts
were determined to be We most appropriate
treatment. Speed hump treatments were
nejected BAND. ANSDOTwaa contacted about
Route 13 intersection design a NYSIOOT
believer the current design 61307.p33111.
Pedestrian warning signs, <seawal, and a
dWer speed feedback sign were Mstalksd. A
1100 11272 '1 01 en -street parking changn
was Wstaged to slow traffic.
711
00
$10,000
04
$10,090
12021/2017
2018
Hamad St. 8100-700 Nooks)
102 068 FranklintrfilWAW 13
interwWon area
117 1711
volumes ten high, herd
for pedestdans to cross
street, faded crosswalks,
too many crashes
8/11/2017
2018
300 block Spencer St.
83787 8130133
i yew problems may
Int:tease due to We
Installation of that new
barrier separating the
300 170100 AMA,
'Before traffic data was coils,. and =afters
data will be collected in the wring of 201A
07227 4131111,1,
no
na
3"
unk
073
yes
unk
9/1/2017
2013
900-1000 blocks of Stewart
Ave.
8111Bratininger
Traffic speeds toe hligia,
inotorIns not obeying
1117 1873,3
Aar this type of street, the traffic volumes are
at the lower end of Me target range and the
traffic speeds are saith0 the target range.
No traffic re.ing items were determined to
he a apnaprlate, though the wrve warning
Agns were updated and a cnosswalk will be
installed in 2029.
111
no
unk
ink
unk
311
10/1302017
2018
100=200 blocks iif Ithaca Rd
Diane 1320 W1311110
Traffic speeds too high,
hard for motorists and
pedestrians Se cress
110113 70,
131 1/118172 of street, the traffic volumes are
slightly below the tassel sane and the traffic
speeds are slightly above the tel. range.
A driver speed feedback sign laws installed,
Pedestrian crossing signs and womswalk
+x1,31701030.
yes
ma
$6,000
$0
*1.000
12/19/2017
2018
100-300 blocks of Masa Rd.
Renew tycako
10027/2027
2013
100 block Worth St.
Whitney Mauer
311780 101131 and
volumes Igo high,
inotonsts not obeying
stop signs.
For this type of screeB the traffic volume, and
speeds are at the tow end ef the target
mina,
?raffia calming measurer not warrantad.
1133
no
$0
SO
$0
yes
00
10/30/2017
2013
900 block E. State St
81317 32313.3
Traffic speeds we high.
Aree dangerous for
Pedestrians,
Under evaluation. Mow 111703 2111 10 10
collected in 2019 (postponed due to NYSEG
work In 2018).
Under evaluation, though a driwr speed
feedback sign has been Installed.no-
no
55,000
27*27*73,00073,0002,4
110/1027
2018
HudsonAilliview Intersection
siva
1013/0113 0142
Hard lor rriortoWts,
pedestrians, and
bicyclists to cnass Hudson
St
For this typg of sPeet. the traffic volumes and
the traffic speeds are with. We target range,
VINOwdea were wade So the school cone
signs in the area. Seine pedastrWit massing
Improvements (a midi Mumpout) are still
11211 003401724103 Awign work may be
438381017 03 a contractor in 2019.
no
WS
13,000
$15.000
S1070111
yes
1109/3017
2018
300-300 blocks of Hector St
Karim Beers
Traffic speeds too high,
hard to pupas the street
ler pedestrians and
bicyclists.
001 18111773 of street, the tragic volumes are
within We target range and 11210181c speeds
are considerably over the target range.
A Wives sue. Seedbed sign was installed.
This area Nap to be address. via the Hector
St. Complete...IL Proliect 12019 er 1020)
00 1331 line was painted 08132003130 07
road Donal:he Clay gnu to Vinegar Pill ta
0 &mirage speeding.
YeL
no
$1,000
$0
$3,
40
1206/2017
2011
100.300 limcks of E. Falls Ss
Rebecca landenberger
Traffic speeds a ncl
voMmes too high.
Par OIL type of street,110 traffic yokirnes are
witNn the target range ane the Naffic speeds
are somewhat over the tweet range.
1311111 111184 crosswalk
ans
Yes
SO
01,600
SARDS
720
1200/2011
2018
110100/7127Intersection
area
David West
Miele aisepas tiffl MCI,
hard to cross the street
Mr motorists.
pedestrians, and
bicyclists. Too many
crashes. Motorists not
7014173 7,73471y.
0313312742 2173,0.
Fur ...type of street (alone Clinton SAS the
Wells volumes and speeds are In the upper
end of the target rang.
Completed. InstalWel curd Isurepout and
Pedestrian messing signs.
Ws
no
unk
sink
272
332
1001/1017
2018
E. Seneca St. (POO Work areal
Steven Wog
322 much ',WOW
Malik.
For this type 0310311/ the traffic volumes are
within the target range end the 021710 181222
ane in the oprier end of the target range.
Safety Improvements were made at the
Schuyler/Seneca Intersection Additlunal
work Wanne,d for 2019.no
yes
$000
$10,000
S10,300
1712
2/402018
2013
W. Court St. at Washington
Park 37087
Ares planned City work
31837 ?WM age
Suitable location to Implement prevAusly
7117784 411144 crosswalks irutallaticin
Two rais. crosswalks scheduled We
in 2019.
yes
Yes
30
liaises
crosswalk a
01,700/ea.
$3,2110
0131
5/10/2018 2013
coordinate
POO blocked IVIRchgli St 8004111
nia - work planned to
with We
611107 747171110222
7700103
Fpr this type PI street, the traffic volumes are
witthin the Puget range and the Nark speeds Speed
mowed the upper end of We toRget range. 2019.
Bump...sled for installedon In
Wr
Ims
70
S1.300
$1,200
yes
112 20113
200
block of Madison St.
Staff
include
Illud.
Waft ;now
would like to
traffic calming
measures along the Bike
32104 11118
Madison St. tp encourage For
bicycle use. speeds
this type of street, the 0affic wilowes and One
ere within the target range, installation.
speed hump Is proposed far
no
yes
00
Speed hump a
51,300
01,300
NA 20113
Fair
St vicinity Staff
Staff
01184
from
In
132
initiated effort
23 historic interest
the neighborhood
reducing traffic speeds 747
00743121 speeds
...,
0074 type of street, the traffic volumes and Two
are within the taw. Naga, ighwialed
center Wands and one stAWS kUWP
for installation in 0010,,10
WS
SO
Center isiand
41,000021,
SPaad 04777 -
51,300
$,gpo
422422
77101 120,300
*20,123'
18,500
072.800-87,800
B1CAPRALPROIPLISSTrark WIWria -CP Wrillew Traffic Calrelna project CP BelaTralfic Canal. Program 3001011 101' 0021210,414
Kathy Servoss
From: Marshall McCormick <marshall@fingerlakeswm.com>
Sent: Tuesday, February 12, 2019 8:52 PM
To: Board of Public Works; Peter Messmer
Cc: Michael Thorne; Julie Holcomb
Subject: Re: 304 Mitchell Street Re. RPP Program
Categories: BPW
Thanks Peter for the Memo. It lays out the extensive considerations that you have put into clarifying this issue for
us—much appreciated.
I have one question as to the inclusion of 304 Mitchell in the parking permit system. Was 304 Mitchell included as an
eligible property for the parking permit system from the creation of the RPP program? Or was 304 Mitchell included
only as a result of the hardship petition in 2004?
If it's the latter, then I think more discussion is warranted. From Julie's previous email regarding the same property,
it sounds like there's some ambiguity in the code, and I would be interested in hearing what other Commissioners
and Council Members have to say about whether a hardship petition should carry with a property in perpetuity:
Jan 17 2019:
"The discussion that Pete and I were having is whether or not the hardship cases are approved for the RESIDENTS
of the property and therefore null and void upon transfer of the property to new owners OR whether the hardship
case is grandfathered to the PROPERTY regardless of who requested it and what the situation was. We have been
having a conversation about clarifying the language in the City Code by splitting out the reasons that hardship cases
are considered:
(1) Where residents living on a street with a R-1 or R-2 zoning designation and located within the residential parking
permit zone without on -street parking wish to purchase a permit for on -street parking on a street where permits are
required. If approved, the option to purchase parking permits is assigned to the property address in
perpetuity.
LaSuch o Other instances of hardship (excluding self-created hardship) as the Board of Public Works in its
discretion determines sufficient for issuance of additional residential parking permits.
The first instance would be property based and the second instance would be for resident related hardships – health
issues / health care providers, etc. The Board would designate which category the hardship is being approved for
and then my office would know how to handle future requests."
Best,
Marshall
Marshall McCormick
Fingerlakes Wealth Management
450 N. Aurora St.
Ithaca, NY 14850
Office: 607.257.1008
CeII: 607.339.2775
Fax: 914.819.0210
.FingerlakesWM.com
Marshall@FingerlakesWM.com
100,,
To: Board of Public Works
From: Peter Messmer, Director of Parking
Date: 2/12/19
Re: 304 Mitchell Street Request for Residential Parking Permits
Attachments:
Attachment 1 — RPP Zone Map
Attachment 2 — City of Ithaca Official Zone Map Excerpt of Mitchell Street and Delaware
Avenue.
Attachment 3 — Chapter 260 of the City of Ithaca Code
Attachment 4 - CITY OF IT CA RESIDENT P ING PE 11 SYSTEM
REGULATIONS: Adopted by the Board of Public Works on March 24, 2014
Attachment 5 - § 346-80Schedule XXX: Residential Parking Permit Zones
Attachment 6 — Proposed Resolution for Residential Parking Permits for 304 and 304A Mitchell St.
A
This memorandum is being written to explain the history of the Residential Parking Permit
status associated with the property located at 304 Mitchell Street and to explain the current
disposition of the request from the present owner of the property for Residential Parking
Permits.
History
2004 - Hardship application was approved for 304 Mitchell Street, in accordance with City
Code Chapter § 260-4 Exemptions.
Dec 6, 2018 — Mr. Vitali jau, co-owner of the property at 304 Mitchell Street, requested
that he be granted residential parking permits to park in the currently designated Residential
Parking Pennit zone on 100 and 200 blocks of Delaware Avenue.
Dec 18, 2018 - Parking Division wrote a draft resolution for residents of 304 and 304A
Mitchell Street to purchase pen -nits for the Residential Parking Permit zone on Delaware
Avenue. This draft resolution was not included on the agenda for the December 2018 BPW
meeting.
February 13, 2019
Dec 21, 2018 — Parking Division researched records regarding 304 Mitchell Street and found
that this property is already in the RPP progr. and is included in § 346-80: Schedule XXX:
Residential Parking Permit Zones. (Reference Attachment 5)
Dec 21, 2018 — Parking Division informed Mr. Vitali jau that he is eligible to purchase
two (2) Residential Parking Permits and to contact the City Clerk's office to complete the
transaction.
January 15, 2019 — Draft resolution (Reference Attachment 6) to grant residents of 304 and
304 A Mitchell Street Residential Parking Permits inadvertently included on January 15,
BPW meeting agenda. BPW voted not to grant Residential Parking Permits for 304 and 304
A Mitchell Street, prior to arrival of Director of Parking. Director of Parking was asked to
fully research and document the situation and provide information to BPW.
Week of January 21, 2019 - Mr. Vitali Arujau met with the City Clerk, Julie Holcomb. She
explained to Mr. gau what had happened and that he would have to wait for further
clarification on whether or not he would be able to purchase Residential Parking Permits.
The Parking Division has investigated and documents the following:
. Verification of the RPP Zone:
a. In accordance with Chapter 260 Residential Parking Permit System, 304
Mitchell Street is located in RPP Zone A (Reference Attachment 1)
b. City Code § 346-80: Schedule : specifically states the 100 and 200
blocks of Delaware Avenue are an RPP zone. (Reference Attachment 3)
c. City Code § 346-80: Schedule : Residential Parking Permit System
further specifically includes 304 Mitchell Street in the 100 and 200 blocks of
the Delaware Avenue residential zone for the RPP program. (Reference
Attachment 3)
2. Verification that 304 Mitchell Street is in an R-1 Zone — The City of Ithaca
Official Zoning Map shows that the property is zoned R -lb. (Reference Attachment
1).
3. Number of Parking Per 'ts Allowed - In accordance with the Paragraph C. of the
Permit Allocation Sections of the CITY OF IT CA RESIDENT P ' G
PE ' IT SYSTEM REGULATIONS (Adopted by the Board of Public Works on March
24, 2014) the property is allowed to have two (2) Residential Parking permits. (Reference
Attachment 4)
4. Compliance with City zoning regulation — The Building Division Housing
Inspector was interviewed about the issue of the property being in compliance. The
Inspector reported that the house has been inspected and is in substantial compliance
2
February 13, 2019
with the exception of execution of a Quit Claim deed by the owner, which is pending
but in progress.
5. Location of the driveway access to the property — The driveway access to the
property is located on the Delaware Avenue side of the lot.
Final Disposition
Based upon the above facts, the Parking Division has made the determination that the
property at 304 Mitchell Street meets all the requirements of the City of Ithaca Official
Zoning regulations and the RPP program and is eligible to apply for and receive two (2)
residential parking permits, and that no action is required by the Board of Public Works to
sustain this decision. The Parking Division will therefore inform Mr. Vitali Arujau that he
may proceed with his transaction to purchase the permits.
3
February 13, 2019
Attachment 1 - RPP Zone Map
4
Attachment 2 - City of Ithaca Official Zone Map
Excerpt of Mitchell Street and Delaware Avenue
Legend for Zoning Districts
M$4
A
100
1,111
P-1
1 4.:::. tiltaric
1/PEDZ,1a '14, 1111-1 1
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February 13, 2019
5
February 13, 2019
Attachment 3 - Chapter 260 of the City of Ithaca Code
City Code Chapter 260
§ 260-1 Declaration of Iegislative findings and purpose.
The Common Council finds that:
A. There has been a lack of parking for residents of the neighborhoods surrounding Cornell
University in the City of Ithaca.
B. The streets in residential areas have been used for daily long-term parking by commuters
to Cornell University.
C. A study of existing parking demand and Zoning Ordinance] parking requirements
showed that a substantial number of commuters park in the residential neighborhoods
surrounding Cornell University every day.
[1] Editor's Note: See Ch. 325, Zoning.
D. The use of streets in the residential neighborhoods for commuter parking has resulted in
noise, air pollution, litter, traffic congestion, traffic hazards, and hazards to residents and
other pedestrians, and severely diminishes the amount of parking space available to
residents of the residential neighborhoods,
E. The establishment of a residential parking permit system in the neighborhoods
surrounding Cornell University is necessary in order to preserve the character of the
neighborhoods by reducing neighborhood noise, litter and air pollution; improving access to
dwelling units and parking for residents; improving the efficiency of City services such as
street maintenance, snow plowing, street -sweeping, garbage collection and the movement
of emergency vehicles; and reducing hazardous traffic conditions and congestion in order to
provide for the health, safety, peace, good order and comfort of the residents of the
neighborhood.
F. This residential parking permit system is adopted pursuant to § 1640-e of the Vehicle and
Traffic Law.
§ 260-2 Definition of terms. [Amended 0-2-2O04bvOrd. No, 2004-8
For the purposes of this chapter, the following definitions of terms shall be controlling:
COMMUTER A person who does not live in the residential parking permit area, but parks in
the area and whose destination is outside the area.
RESIDENT A homeowner or tenant residing in a dwelling unit in the residential parking
permit area in the R -la, R -lb, R -2a, or R -2b Zones of the City of Ithaca as established in
6
February 13, 2019
§ 325-4 of the Municipal Code of the City of Ithaca.
RESIDENTIAL PARKING PERMIT AREA
A sub -area of the residential parking permit zone. Only the portions of the area which are
zoned as R-1 and R-2 Districts (as established by Article II of Chapter 325 of the Municipal
Code of the City of Ithaca) will be included in the area.
RESIDENTIAL PARKING PERMIT ZONE
A. The area bounded by the following roadways and corporate boundaries:
(1) East State Street from Cornell Street to Giles Street;
(2) Giles Street to Water Street;
(3) Water Street to East State Street;
(4) East State Street from Water Street to Seneca Way;
(5) Seneca Way from East State Street to East Seneca Street;
(6) East Seneca Street from Seneca Way to Parker Street;
(7) Parker Street to Terrace Place;
(8) Terrace Place to Linn Street;
(9) Linn Street from East Court Street to University Avenue;
(10) University Avenue from Linn Street to Willard Way;
(11) Willard Way from University Avenue to Stewart Avenue;
(12) Stewart Avenue from Willard Way to the corporate boundary between the City of
Ithaca and the Village of Cayuga Heights;
(13) Following the corporate boundary between the City of Ithaca and the Village of
Cayuga Heights east to the corporate boundary between the City of Ithaca and
the Town of Ithaca;
(14) Following the corporate boundary between the City of Ithaca and the Town of Ithaca
south to East State Street; and
(15) East State Street from the corporate boundary to Giles Street; and
B. Consisting of the following roadways:
7
February 13, 2019
(1) Treva Avenue west of Water Street;
(2' �Va|enUneP|aoaaouthqfBast State Street;
(3) Quarry Street south of East State Stree
(4) Ferris Place south of East State Street;
(5) Linn Street north of Terrace Place to Farm Street;
(6) Lake Street north of University Avenue to the north property line of Tax Map Parcel
28-4-7; and
(7) Wiilard Way and Willard Way Loop north of University Avenue.
C. The residential parking permit zone shall include properties that face both sides of the
above-named roadways.
D. The Residential Parking Permit Zone Map is on file in the City Clerk's office.
§ 260-3 Desination of permit parking areas; rules and regulations. [Amended 6-2-
2004byOrd.No.2004-9]
A. The Board of Public Works of the City of Ithaca may designate residential parking permit
areas in accordance with this chapter. Such areas shall be designated only within the
residential parking permit zone, and shall exclude any streets located within the boundaries
of the Cornell University campus.
B. The Board of PubIic Works shall establish rules and regulations for the designation of
residential parking permit areas and the issuance and use of residential parking permits.
C. Permit requirements established pursuant to this section shall be in effect during all oro
portion of the following times: from Monday to Friday between 9:00 a.m. and 5:00 p.m.
D. No less than 20% of the parking spaces within the residential parking permit zone shall
be available to nonresidents.
E. Short-term parking of no less than 120 minutes in duration shall be available in the
residential parking permit zone.
F. The fee for a residential parking permit shall be $45 per year. All such fees shall be
credited to the general fund of the City.
§28O-4Exemptions. [Amended 8-2-2OO4bvOrd. No. 20O4-9]
A.W1otorwehic/oenygiuteredpursuarttoG4O4-oof8leVmhideondTnafficLavvuhoUbe
exempt from any permit requirement establish pursuant to this chapter
B. A resident may apply to the Board of PubIic Works for a permit not otherwise available
pursuant to the aforementioned rules and regulations in the following circumstances:
8
February 13, 2019
(1) Where a home health care provider provides home health care to a resident and
regularly drives to the resident's home.
(2) Where a resident has a short-term health emergency.
(3) Where residents living on a street within the residential parking permit zone without on -
street parking wish to purchase a permit for on -street parking on a street where permits are
required.
(4) Such other instances of hardship (excluding self-created hardship) as the Board of
Public Works in its discretion determines sufficient for issuance of additional residential
parking permits.
§ 260-5 Penalties for offenses. [Amended 8-2-2OO4byOrd. No. 20O4-9;5-2-2O1ObvOrd.
No. 2018-05]
A. No person shall park a vehicle nor allow a vehicle to be parked in an area which has
been designated a residential parking permit area by the Board of Public Works, and at
times when parking is prohibited in such residential parking permit area pursuant to
regulations established by the Board of Public Works, unless the vehicle shall have affixed
to the bottom rear corner of the passenger window on the driver's side of the vehicle a valid
residential parking pernnit, or unless said vehicle is registered in accordance with § 404-a of
the Vehicle and Traffic Law and the vehicle is being used for the transportation of a person
with disabilities. A violation of this section shall be punishable by a fine of not more than
$100; a second such violation within 18 months thereafter shall be punishable by a fine of
not more than $200; a third or subsequent violation within 18 months after the first violation
shall be punishable by a fine of not more than $300.
B. No resident of a residential parking permit area designated by the Board of Public Works
shall permit a nonresident to use a residential parking permit issued to a resident, or aid a
nonresident in any way in obtaining a residential parking permit. Violation of the terms of this
section shall be punishable by a fine not to exceed $250 and/or suspension of residential
parking permit privileges for a period not toexceed 12 months.
9
February 13, 2019
Attachment 4 - CITY OF ITHACA RESIDENTIAL PA NG PE T
SYSTEM REGULATIONS: Adopted by the Board of Public Works on
March 24, 2014
CITY OF IT CA
RESIDENT P ' 1 G PE ' IT SYSTEM REGULATIONS:
Adopted by the Board of Public Works on March 24, 2014
Petitionin2 for the Permit System.
A. Residents within the residential parking permit zone established by Common Council on May 6,
1998, are required to petition the Department of Public Information and Technology for the
establishment of a Residential Parking Permit Area.
B. A Residential Parking Permit Area within the Residential Parking Permit Zone shall be one permit
block. Each permit block shall be established according to the block numbers, such as the 100 or 200
block of a street.
C. Only R1 and R2 zones, as established in the City of Ithaca Municipal Code, Chapter 325 entitled
"Zoning", Section 325-4 are eligible to participate in the Residential Parking Permit System.
D. A permit block is one city street and its abutting block faces, which differs from a city block. A
city block does not include the street.
E. The permit block for a corner property shall be determined by the property's assessment address.
Petition Elidbility.
A. The petition may be requested from the Department of Public Information and Technology, and
when returned must be signed by at least 51% of the eligible residents in the proposed permit block in
order to qualify for inclusion in the permit system.
B. In an R1 zone, not more than one resident per tax parcel shall be permitted to sign the petition for
the establishment of the permit system.
C. In an R2 zone, not more than one resident per dwelling unit or two residents per tax parcel,
whichever is fewer, shall be permitted to sign the petition for the establishment of the permit system.
D. All eligible residents signing the petition must be at least 18 years of age.
E. A block petitioning for the permit system must hereby meet certain minimum requirements with
respect to parking occupancy. The City Traffic Systems Engineer will conduct a parking survey over
two separate days during average weekly peak hours to determine that at least 75% of the legally
available parking spaces are being utilized.
Permit System Renewal.
Once a block is included in the permit system, it is included unless and until it is formally repealed.
Permit System Repeal.
10
February 13, 2019
A. If 51% of the eligible residents wish to have the permit system regulations rescinded, they may
petition the Department of Public Information and Technology for removal from the Residential
Parking Permit System.
B. Action to rescind may not begin until a waiting period of six months from the enactment date for
that block has passed.
RESIDENT
Page Two
P
G PE
T SYSTEM G ATIONS:
C. The Board of Public Works reserves the right to rescind the Residential Parking Permit System
Regulations for a block if the City Traffic Systems Engineer determines that the parking permit
system is being underutilized by the eligible residents of the block. The deteimination may be made
based on the fact that less than 25% of the eligible permits for the block have been sold in the past
two (2) consecutive years,
Permit Allocation.
A. Only residents of properties zoned R1 and R2 located in the Residential Parking Permit Zone shall
be eligible to purchase parking permits.
B. The City zoning category in which the property is located shall determine the maximum number of
permits allowed per dwelling unit.
C. Properties in an R1 zone are hereby allowed access to two permits, and no more.
D. Properties in an R2 zone are hereby allowed access to two permits per dwelling unit with a
maximum of four permits and no more per property. Based on City zoning laws the greatest legal
number of dwelling units allowed in a structure in an R2 zone is two.
E. Permits shall be issued to vehicles registered to residents in the permit area, and are non-
transferable.
F. Permits shall be available for sale on July 1" and shall expire on July 31" of the following year.
G. Residents in blocks participating in the Residential Parking Permit System may purchase up to 4
Visitor Passes per year with a limit of 8 passes per property in an R1 zone and 16 passes per property
in an R2 zone. Visitor Passes shall be valid for a period of two consecutive weeks, and will be issued
to a specific vehicle.
H. It shall be a violation of Chapter 260 of the City of Ithaca Municipal Code entitled "Residential
Parking Permit System" for residents to purchase permits for people who do not reside in the permit
area.
Permit Allocation for Non -Conforming Uses.
A. Properties not conforming to the traditional R1 and R2 zone uses (such as grandfathered
properties) shall not receive any grandfathered rights regarding the residential parking permit system.
B. Grandfathered properties in an R1 zone shall hereby be considered a single-family house.
11
February 13, 2019
C. Grandfathered properties in an R2 zone shall hereby be treated as a duplex.
D. The zone in which the property is located, not the number of apartments or the number of
occupants, detellnines how many permits may be purchased.
Permit Issuance.
A. The permits shall be issued to individual residents of a permit area and assigned to a unique
vehicle license plate number.
B. A resident is defined as any person, homeowner or renter, living in a dwelling unit in a permit area.
SIDENT
Page Three
P
G PE ' IT SYSTEM REGULATIONS:
C. The issuance of permits through landlords is hereby prohibited.
D. Homeowners and renters must provide the current vehicle registration or copy thereof
E. Homeowners and renters may prove residency by producing a deed, current lease, signed by
landlord and tenant, driver's license or current vehicle registration, telephone or utility bill with valid
address.
F. The fee for a residential parking permit shall be $45 per year.
G. Permits may be purchased any time during the year for the said annual fee.
H. Partial year permits shall not be issued.
I. Permits shall be valid from date of issue through July 31.
J. The fee for a visitor pass is $10.
K. This is a voluntary program. Residents living in a block included in the permit system are not
required to purchase permits, however compliance with city parking regulations is required.
L. Pei 'nits may be renewed through the mail with proper documentation and $45 fee. Permits will be
issued by the Department of Public Information and Technology on a "first come — first served" basis.
M. Transfer of residential parking permits to another vehicle may only occur when the resident peels
off and returns the current residential parking permit from their vehicle. Permits will only be reissued
to the original permit holder for their new vehicle. Upon presentation of the old permit and a copy of
the new vehicle registration the Department of Public Information and Technology will issue a new
residential parking permit to that same resident — without charge.
If the old permit is not returned, a new permit will only be issued to the current permit holder if a
permit is available for that property or upon sufficient proof that the permit was not accessible (i.e.
accident report). A $45.00 fee will be charged for the permit.
12
February 13, 2019
A resident may return the residential parking permit or remnants thereof to the Department of Public
Information and Technology at anytime, to open up the availability of a permit to another resident of
the same property. No refunds will be issued.
N. Residential parking permits are non -transferable to another individual.
Hours in Effect.
A. Permit requirements established pursuant to this section shall be in effect during all or a portion of
the following times: From Monday to Friday between 9:00 a.m. and 5:00 p.m., excluding holidays.
B. Permit holders will be exempt from the 9 a.m. tol p.m. and 1 p.m. to 5 p.m. "no parking"
regulations in residential parking permit areas.
C. Street signage will display the restricted hours.
13
RESIDENT
Page Four
$
G PE
T SYSTEM REGULATIONS:
February 13, 2019
D. Permit holders and non -permit holders must abide by all other City parking restrictions set forth in
the Vehicle and Traffic Chapter of the City of Ithaca Municipal Code Chapter 346 entitled "Vehicles
and Traffic" including the odd/even overnight parking restriction (which is in effect November 1
through March 31 each year), 24-hour parking limitations, loading zones, and handicap parking
requirements, etc.
E. Placement of the "no parking" time restrictions will be staggered in order to provide some short-
term visitor parking on a block at all times. In the case of blocks with legal on -street parking only on
one side, the time restrictions will be split along the legal side of the street.
Permit System Alternative.
Residents may petition the City Traffic Systems Engineer to install appropriate weekday time
restriction signage (such as "No Parking 9 a.m. to 1 p.m.") on their streets. This offers an alternative
option for blocks that elect not to participate in the residential parking permit system but want the
benefits of time restricted parking for their street.
Appeal Process.
Residents may file written appeals with the Board of Public Works for either hardship consideration
or the denial of permits by the Department of Public Information and Technology.
06/04
Revised 02/18
Final BPW Approval — March 24, 2014
14
February 13, 2019
Attachment 5 - § 346-80Schedule X : Residential Parking Permit Zones
Street Block Side
Brandon Place 100 West
Bryant Avenue 200 North
Cascadilla Park Road 100 North
Cornell Street 100 and 200 East
Delaware Avenue (includes 304 Mitchell) 100 to 200 West
Dryden Road 400 North
Dryden Road (not inclusive) 500 North
East Buffalo Street 400 Both
East Seneca Street 400 Both
Elmwood Avenue 100 East
Elmwood Avenue 200 North
Elmwood Avenue 300 South
Fairmount Avenue 200 West
Fairmount Avenue (includes 413 Dryden Road) 200 and 300 West
Harvard Place 100 South
Irving Place 100 North
Ithaca Road 90, 100, 200, and 300 East
[Amended 11-26-2012]
Maple Grove Place 100 West
Oak Avenue 300 North
Pearl Street 100 West
[Added 2-18-2016]
Schuyler Place 100 West
Valley Road 100 Both
Worth Street 100 South
15
February 13, 2019
Attachment 6 — Proposed Resolution
Board of Public Works
December 18, 2018
A Resolution to Grant Hardship for 304 and 304A Mitchell Street for the Residential
Pa
2 Per t System
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted June
9, 2004, for implementation of the Residential Parking Permit System (RPPS), which was
established by Common Council on May 6, 1998 after an act of the New York State
Legislature, and
WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with the
BPW regulations, the BPW may grant hardship requests, and
WHEREAS, 304 Mitchell Street is on a street within the residential Parking Permit Zone
without on -street parking and is within the R-1 zoning designation; therefore allowing up to
two permits per single family dwelling, now, therefore be it
SOLVED, that the Board of Public Works hereby grants the residents of 304 and 304A
Mitchell Street to purchase permits for the Residential Parking Permit Systems, in
accordance with the above-mentioned regulations.
16
10B. Resolution to Add a Handicap Parking Sign located at 126 Farm Street
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, in accordance with Chapter 346 of the City Code, entitled Vehicles & Traffic, and
in accordance with the BPW Regulations, the BPW may grant hardship requests, and
WHEREAS, a request has been received for a handicap parking sign on the east side of the
100 block of Farm Street, in the vicinity of 126 Farm, and
WHEREAS, this Handicap Parking space can be used by any driver with a handicap parking
permit or license plate; now and therefore, be it
RESOLVED, That the BPW hereby approves the installation of a Handicap Parking Sign and
space to be installed at the above-mentioned address.
Page 4 of 10
10C. Resolution to Add a 15 minute Parking Zone in Front of CFCU Community Credit
Union on Esty Street
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, the south side of Esty Street, from its intersection with Meadow Street, to a point
approximately 210 feet to the east, is now regulated as No Parking Anytime, and
WHEREAS, the north side of Esty Street, from its intersection with Meadow Street, to a point
approximately 50 feet to the east, is now regulated as No Parking Anytime, and
WHEREAS, No Parking Anytime can be used for Standing but does not allow the driver to
leave the vehicle, and
WHEREAS, the No Parking Anytime zone on the south side of Esty Street mentioned above, is
consistently used by clients who park, leave their vehicle, and do business at the Cornell
Federal Credit Union adjacent to this No Parking Anytime zone, and
WHEREAS, the No Parking Anytime zone on the south side of Esty Street could also be used
as a short term parking zone, with no impact to the current traffic flow on the street, and
\NHEREAS, the two aforementioned No Parking Anytime zones on Esty Street mentioned
above are incorrectly listed in Section 346-64 Schedule XIV: No Standing, now, be it
RESOLVED, That Section 346-64 Schedule XIV: No Standing be amended as follows:
Remove the following entry from this schedule:
Name Side Location
Esty Street Both From a point 50 feet east of Meadow Street to a
point 125 feet west thereof
Now, be it further
RESOLVED, that Section 346-62 Schedule XII: Parking Prohibited at All Times be amended to
include the following for Esty Street:
Name Side Location
Esty Street North From its intersection with Meadow Street, to a
point approximately 50 feet east thereof
And be it further
RESOLVED, That a 15 minute parking zone be established on the south side of Esty Street
beginning at a point located three (3) feet east of the east edge of the Cornell Federal Credit
Union parking lot entrance driveway to a point located 100 feet east thereof and, now, be it
further
Page 5 of 10
RESOLVED, That Section 346-68 Schedule XIII: Time Limit Parking be amended to add the
following for Esty Street:
Time Limit:
Name Side Hours/Days Location
Esty Street South 15 min: All/All Beginning at a point located three (3) feet
east of the east edge of the Cornell Federal
Credit Union parking lot entrance driveway to
a point located 100 feet east thereof,
Page 6 of 10
10D. Resolution to Establish No Parking Anytime on Both Sides of the Full Length of
Pier Road
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, Pier Road is only 22 to 24 feet wide, this pavement width being insufficient to
accommodate parking a vehicle fully on the paved roadway without obstructing the traveled
way to an unacceptable degree, and
WHEREAS, in order for vehicles to park on Pier Road, without obstructing traffic, the vehicles
would have to be parked off the edge of pavement, and
WHEREAS, there are no paved or gravel shoulders that can be utilized for parking, and the
roadsides are mostly grass turf which cannot sustain repeated instances of parking without
excessive damage; therefore, be it
RESOLVED, That the Board of Public Works hereby designates both sides of Pier Road, for
the full length of the road as a "No Parking Any Time" zone, and, be it further
RESOLVED, That Section 346-62 and Schedule XII be amended to include the following for
Pier Road:
Section 346-62 Schedule XII Parking Prohibited at Al! Times
Name Side Location
Pier Road Both Entire Length
Page 7 of 10
10E. Resolution to Establish 15 minute Parking on the North Side of East Court Street
Adjacent to Temple Beth El
WHEREAS, the Board of Public Works (BPW) has promulgated regulations, adopted October
6, 2010, for implementation of a Schedule of Traffic Regulations, which was established by
Common Council by Ordinance No. 2010-08, and
WHEREAS, there exists an approximately 50 foot "No Parking Any Time" zone located on the
North Side of East Court Street adjacent to Temple Beth El, which is not presently listed in
Section 346-62 Schedule XII Parking Prohibited at All Times for Court Street, and
WHEREAS, Temple Beth El operates a pre-school from 9:00 a.m. to 3:00 p.m. and parents
need curbside short term parking to drop off and escort pre-school children into and out of the
Temple, and
WHEREAS, The current No Parking Any Time zone allows parents to stand to drop of children,
but does not allow parents to leave the vehicle and escort pre-school children into and out of
the Temple for school, and
WHEREAS, Section 346-68 Schedule XVII, must be updated to add this zone; now, therefore,
be it
RESOLVED, That the Board of Public Works hereby changes the designation of the No
Parking Any Time zone on East Court Street adjacent to the Temple Seth E: to be 15 minute
parking, and, be it further
RESOLVED, That Section 346-68 Schedule XVII Time Limit Parking for East Court Street be
amended to read as follows:
Paragraph 346-68 Schedule XVIII Time Limit Parking
Time Limit
Name Side Hours/Days Location
Court Street North 15 mins. 8:00 am Between the driveways for 720
(Added 11-16-11) to 5:00 p.m. West Court Street and 710-712
Monday through West Court Street
Friday
Court Street North 15 mins. All/All From a point 20 ft. west of Tioga
Street to a point 70 ft. west of
Tioga St.
Page 8 of 10
11A. Resolution Accepting Title to Portions of Brindley and Taber Streets and
Assuming Maintenance Responsibility
WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet, P.I.N.
375611 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls
for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds
and 20% non -Federal funds; and
WHEREAS, the project involves the construction of new roadway and bridge on a relocated
horizontal alignment that will connect Taber Street with the West State Street/Taughnnock
Boulevard intersection, and
WHEREAS, on June 7, 2017, the City of Ithaca Common Council authorized the City of Ithaca
to pay in the first instance 100% of the federal and non-federal share of the cost of Right -of -
Way Acquisition phase of the Project; and
WHEREAS, Congdon & Co. Inc. has facilitated the acquisition of 1098 square feet of real
property located at 120-140 Brindley Street on behalf of the City of Ithaca, and
WHEREAS, in accordance with the City of Ithaca Charter Section 53, "The Board of Public
Works may enter upon any lands for the purpose of survey and examination; otherwise, in the
name of the City of Ithaca all lands, water rights, easements, privileges and franchises and all
other real and personal property whatsoever, either within or outside of the corporation limits of
the City of Ithaca, which are necessary, in the judgment of the Board, for any of the purposes
herein set forth and shall have the right to enter upon, take possession of and appropriate all
such property and to do any and every act or thing that may be necessary to carry out the full
intent and purpose of all the provisions contained in this Charter;" now, therefore, be it
RESOLVED, That the City of Ithaca, through its Board of Public Works, agrees to accept real
property acquired by Congdon & Co. Inc. for the project and agrees to maintain same, and it is
further
RESOLVED, That this resolution shall take effect immediately.
Page 10 of 11
Return To
COUGHLIN & GERHART
Document Type: DEED
uu�luul
1
Iu
IpIIIII11III
al
Tompkins County Clerk Recording Page
Grantor (Party 1)
AEROPLANE FACTORY LLC THE
Fees
Recording Fee
Pages Fee
State Surcharge
TP -584 Form Fee
RP -5217 Form Fee
State Transfer Tax
County Transfer Tax
$20.00
$25.00
$20.00
$5.00
$250.00
$22.00
$11.00
Total Fees Paid: $353.00
State of New York
County of Tompkins
Maureen Reynolds, County Clerk
Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Receipt Number: 18-207781
Grantee (Party 2)
CITY OF ITHACA
Transfer Amt: $5,500.00
Instrument #: 2018-10259
Transfer Tax #: 000313
Property located in City of Ithaca
Recorded on September 7th, 2018 at 3:59:22 PM
with a total page count of 5.
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Rea! Property Law of the State of New Yolk
Do Not Detach
DC 09/0712018 03.59:22 PM
2018-10259 09/07/2018 03:59:22 PM
Wa nty Deed
This Indenture made thxr3 day of August, 2018
Be n
OPJ FA RY,, LC, a New York " "ted Liability Company
with offices at 120-40 B: Ildley Street, Ithaca, Y 14850
OF IT CA, a
N York 14850
s of the first
$
Pity ha g .$ of108E.GreenSt,Itbca,
party of the second part.
that the parties of the first part, in co' - deration of One and no/100
do , lawful money o the LTnited States, paid by the es of the second .- do hereby
and c unto the ° s of the sec 11 • 0 the .
second part, forever, of the • of the
T CERTAIN LOT, PIECE OR PARCEL OF D, situate in the City of
1 T , .. of It County of Temp .. • . State of N York as depicted in .. . uk A,
a rind coin. . ,t : 1, of with the ...,
''...iciumze drs="bed belein as 2, Pe! A-.
11.4.111,
B a porti• of the same preniises conveyed to P ;es of the First Part by Deed dated
Aptil 5, 2001 and recorded in the T.. p I. County Clerk's Office on April 5, 2001 in . 900 of
D -• Page 222.
TO IfAfilt
arid as
/rthe
et
the party of the first part
First, That said
eorn.9 the s •
Le
ants arfillows:
f the first part is irked of the said premises isfee simple, and has
na Thar the f the md part shall quietly erthy the said
Thir4 That the said premises are fire fivm eneumbrames, extrpt a.r tOrresaid;
Fo
That tbe» of the first panwill forever
F:alftliy, the the fiat
ty. the first part will the for tbir n an and
a tract fmn4i to be a'frstfr & se the cost the
ern of the cart of the improvement before stilts anypart of the total oft
be title to said premises.
right to
The
$ ,
" shall be construed as fit re
r.? I!
-1-
en the sense of the indentine so Inquires.
2018-10259
CITY OF ITHACA
DEWEY STREET
OYER CAYUGA WET
.n09107/2018 03:59:22 PM
NEW YORK STATE
OEPARTACNT OF TRA TATION
ACQUISITION MAP
PSI 'Mil
MAP O. 2
P NO. 2
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ATTE FACTORY, LLC
PUTED • HI
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2018-10259 09/07/2018 03:59:22 PM
CITY OF ITHACA
BRINDLEY STREET
OYER CA INLET
NEI YORK STATE
DEPARTMENT OF TRANSPORTATION
ACQUISITION MAP
2
PARCEL NO. 2
SHEET 2 OF 2
E
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of the 2015 SV
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of Stotler' 047.20. thyme 5 79.06'31- E to Station t0.
refer to True North of the Til -35' of Peet Langltuds.
1 Mrepy certify to the
of the State pr New Y
TroMpor tion *tat
le
Era
ty
s
rooms t of a pertlon of
of Tranportofen Orel
e N 01.11°I1- a t0 5totion 11+61.92.
0 of
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I hereby certify that
T ka_ococr
6 tell,. f /1. 20 D
▪ \ YL
I
City of 1t
THE AEROP__.
PIEPU1ED
E FACTORY, LLC
RI
Nap of Property Olaf tea Coeereiriner Of Trarportat
tow City of Ithaca by apOropriofw in the name of the
rite the System of the Ctty of 11 or
Subdivision 34-4 o1 the 1 Lor and The Emkwnt
neceseory 10 e* dap? -ea far as at the rawest of
the State of Ifee Yank In fee far armee rarweat0a
30 of the Law at moa ,r.. try Section ID.
Pr ao0Ora Lw.
There i excepted from Mea atprprlafkn 01 the riot, the ere interest, If dry, of tee United States of emerico
in er to sold property.
W t to the $totuotst M�fort 0and t
• P o Tr tat the
In the moil off ice of..:..
• +meth of 1raepartotko.
1 have compered the
the orglna tlereOf.
114+4 of Tr
to be a true
or of the whole
ai the with
20
Offks of Right of May Office of
MUM Rt�_,a . hal eeP
2018-10259 09/07/2018 03:59:22 PM
In Witness Whe
written.
the par* of the first part has dub, executed this deed the day andyearfirst abase
INP ' SENCE OF
The Aeroplane Factory, LLC
By:
Scott Tobey
And:
Cornelia Tobey
STATE OF MEV MEXICO )
COUNTY 01 c--)/Th../M /€)
On ibis `c5 day of Seplember, 2018, before me, the undersigned, a Notary Public in andfor said
Stale, persona& appearedSCOTT TOBEY, personal# known to me or proved to me on the basis of satiyartop,
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon
behalf which the individual acted, executed the instrument, and that such LIZ1 made such bthrn
the undersigned in the City of , Stale ofNew Mexico.
STATE OF NE. MEXICO)
SS:
COUNTY if- -womb
Primus Washington
NOTARY PUC-Stal
My iids,lon Expire%
On this ..,„c day, of September, 2018, before me, the un&rsigned, a Notary Public in andfor said
State, personally appeared CO EUA TOBEY,personal# known to me or proved to me on the basis of
sally -actor.), evidence to be the individual whose name is submribed to the within instrument and acknowledged to me
that she executed the same in her c, '0,, and that by her signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the nutriment, and that sn „ ,Voral made such i,Jebeara
before the undersigned in the City of , State of New Mexico.
Notary Public
OFFICIAL S
Primus Washington
NOTARY PU C- le
My Cm uNsiuti Expire.
11B. Authorization for Mayor to Execute a Memorandum of Understanding ("MOU")
with the Town of Ithaca to Permit the Town to Use the Route 13 Pedestrian Bridge
for the Gateway Trail - Resolution
WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13
Pedestrian Bridge") and the City also holds a permit issued by the New York State Department
of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13
Pedestrian Bridge within the State's airspace; and
WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the purpose
of constructing a public trail, known as the "Gateway Trail," which is a portion of long-term joint
project to establish a trail system serving this area; and
WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of the
Town's improvements and use; now therefore be it
RESOLVED, That the Board of Public Works is supportive of entering into an MOU with the
Town, and recommends that Common Council authorize the mayor, upon the advice of the
City Attorney, to execute the submitted MOU for the Town's use of the pedestrian bridge as
part of the Gateway Trail.
Page 11 of 11
MEMO NDUM OF UNDERST DING REGA ING TOWN'S
AUTHORIZED USE OF ROUTE 13 PEDESTRIAN BRIDGE FOR
GATEWAY T' IL
THIS AGREEMENT, made this day of , 2018, by and between:
110. The TOWN OF ITHACA, NEW YORK, a municipal corporation having offices at 215 North Tioga
Street, Ithaca, New York 14850, (hereinafter referred to as "TOWN"),
and
110. 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, the CITY owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian
Bridge") and CITY also holds a permit issued by the New York State Department of Transportation
("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State's
airspace; and
WHEREAS, TOWN wishes to use the Route 13 Pedestrian Bridge (also, the "Premises" or "Bridge")
for the purpose of constructing a public trail, known as the "Gateway Trail"; and
WHEREAS, the CITY's Board of Public Works and Common Council have authorized the Mayor to
execute this Memorandum of Understanding ("MOU") allowing the above-described use subject to certain
conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby
covenant and agree as follows:
1. By this MOU, TOWN shall have the right to lawfully use the Route 13 Pedestrian Bridge for the
purposes of installing a public trail that will exist thereon throughout the course of the MOU term and any
renewals thereof, subject to the terms and conditions set forth herein as set forth in Exhibit A, which is attached
and incorporated into this Agreement by reference. The CITY maintains its right and obligation to enter upon
the Premises for any purpose, including the purpose of inspection or to assess or remedy a dangerous or
potentially dangerous condition.
2. The use by TOWN 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 this duly executed
and current MOU. In its sole discretion, CITY reserves the right to move or remove any fixtures or
improvements within the Premises pursuant to Paragraph 5 of this agreement.
3. Subject to the provisions of Paragraph 4, below, the term of the MOU contained herein shall be for
the period commencing upon the date of execution of this MOU and expiring on March 31, 2043. The parties
may renew this MOU thereafter on the mutual consent of both parties, for ten-year terms, with the same terms
and conditions, provided that TOWN has submitted to CITY any required renewal forms and each party has
submitted to the other proof of insurance, before the commencement of such new term(s).
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4. Notwithstanding any other provisions herein, this MOU may be terminated by either party, upon at
least 30 days' written notice to the other party, if (a) the City's Permit for Use of State Property referenced in
Paragraph 7 below terminates or is revoked, and it is not replaced by a new permit within sixty (60) days of
termination or revocation, or (b) the TOWN fails to submit to the CITY required insurance forms within thirty
(30) days of the CITY's request for same, or (c) the CITY, in its sole discretion, determines that the Route 13
Pedestrian Bridge is unsafe for use by the general public.
5. TOWN hereby agrees to install a new deck on the Route 13 Pedestrian Bridge as indicated in
Exhibit A in such a manner as to not obstruct the Route 13 roadway and in accordance with the specifications
and directives of the City's Department of Public Works and the general specifications noted therein. CITY
hereby agrees to maintain the 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.
6. TOWN hereby agrees that it is TOWN'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 and MOU, to remove the bridge decking
installed by the TOWN, if so requested by the CITY.
7. City acknowledges that the City remains responsible for reasonable inspection, repair and
maintenance of the Route 13 Pedestrian Bridge, including the decking after the Town installs new decking, per
the requirements of its New York State Permit for Use of State Property, Permit No. 33669, dated November
26, 2001. All determinations concerning inspections, repairs, and maintenance (including, but not limited to
timing, scope, and suitability) shall be in the City's sole discretion. If at any time, the City finds that the Route
13 Pedestrian Bridge is unsuitable or unsafe for use by the general public, nothing in this MOU shall limit the
City's ability to restrict the Town's use or access by the general public to the Bridge.
7. TOWN and CITY hereby agree to defend, indemnify and save each other and their respective
officers, employees, elected officials and agents harmless from any loss, claim, injury or damage caused by
the indemnifying party's negligence in connection with the existence, use, repair or maintenance of the
Premises, or the failure to maintain the same in good repair and safe condition if the indemnifying party is
required to do so by the License and MOU, including reasonable attorney's fees and court costs. TOWN
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 TOWN' s obstructing, encumbering or occupying any area
adjacent to the Premises used to install the trail on the Premises.
8. TOWN hereby agrees to maintain at all times General Liability insurance in the amount of at least
$1,000,000.00 per occurrence for bodily injury or property damage, to list the City as an additional insured
under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of
execution of this agreement, and as may be otherwise required by the City.
9. CITY hereby agrees to maintain at all times General Liability insurance in the amount of at least
$1,000,000.00 per occurrence for bodily injury or property damage, to list the TOWN as an additional insured
under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of
execution of this agreement, and as may be otherwise required by the TOWN.
9. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the
City Chamberlain), or to TOWN (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 TOWN.
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IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year
first above written.
STATE OF NEW YORK
COUNTY OF TOMPKINS
TOWN OF ITHACA (TO
By:
(signature)
(print name and title)
CITY OF ITHACA
By:
Svante L. Myrick, Mayor
) ss:
On this day of , 2018, 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.
STATE OF NEW YORK
COUNTY OF TOMPKINS
) ss:
Notary Public
On this day of , 2018, 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 described 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.
Approved as to form and content:
Notary Public
City Attorney Date
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EXHIBIT A:
TERMS AND CONDITIONS:
In addition to the tell is of the License and MOU, the parties agree that:
1. The Town shall be responsible for installation of new bridge decking as part of its construction of the
Gateway Trail. The decking shall be constructed substantially as shown on plans, dated
, that have been reviewed by City engineers.
2. The Town shall construct and maintain the portion of the Gateway Trail that runs from the current
Home Depot parking lot to the north end of the Route 13 Pedestrian Bridge, and from the south end of
the Bridge through Buttermilk Falls State Park to the trail's end just before Stone Quarry Road. The
Town agrees to not open the Route 13 Pedestrian Bridge portion of the trail until portions on either
side of the Bridge can be safely accessed and used by the public.
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12A. Denial of Appeal of Water Service Installation Billing for 926, 930, 936 Hector
Street — Resolution
WHEREAS, on April 4, April 11, and April 13, 2018, the Water and Sewer Division of the City
of Ithaca DPW installed new water and sewer services at the request of the Owner of 926, 930
and 936 Hector Street, and
WHEREAS, the property owner states he was not aware the he would be responsible for costs
associated with the installation, and
WHEREAS, the Board of Public Works discussed the appeal at their regular meeting on
January 15, 2019, now therefore be it
RESOLVED, That the Board of Public Works hereby denies the appeal to dismiss the bills
associated with the installation of new water and sewer services for these three properties, and
be it further
RESOLVED, That any balance on the bills not be subject to late fees or interest until 30 days
beyond of the date of this Resolution, and that the owner may also, at his option, contact the
City of Ithaca Chamberlain's Office to arrange an extended repayment plan for the amount of
the invoices.
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