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HomeMy WebLinkAboutMN-BPW-2013-12-09BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:48 p.m. December 9, 2013 PRESENT: Vice-Chair – Jenkins Commissioners (4) – Acharya, Darling, Goldsmith, Morache OTHERS PRESENT: Acting Superintendent – Benjamin Assistant Superintendent of Water and Sewer – Whitney Director of Engineering – West Common Council Liaison – Fleming Executive Assistant – Gehring Director of Parking – Nagy EXCUSED: Mayor Myrick City Attorney – Lavine DAC Liaison – Roberts ADDITIONS OR DELETIONS TO THE AGENDA: There were no additions to or deletions from the agenda. COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Kevin Sutherland, new Chief of Staff for the City of Ithaca, introduced himself to the Board, who welcomed him to the City. RESPONSE TO THE PUBLIC No members of the public appeared to address the Board. REPORTS Common Council Alderperson Fleming reported that a meeting was recently held to discuss a proposal to purchase 967 East State Street with the purpose of demolishing the house and building an entrance to the water treatment plant. She stated that many of the neighbors that attended were opposed to the idea, but the meeting went well and staff was responsive to questions. Board Liaisons Commissioner Acharya reported that the Planning and Development Board approved the Purity Ice Cream building proposal. Commissioner Goldsmith asked about continuation of the development at Johnson’s Boatyard, requesting that the City stipulate that the developer install a public access point to the waterfront. Superintendent and Staff Acting Supt. Benjamin reported on the following:  The snow watch crew has begun working, with most overtime occurring on weekends;  Yard waste pick-up was still in effect;  Crews were at Richard’s Place to replace a culvert; and  Parks crews were trimming trees. Director of Engineering West reported the following:  Proposals had been received for the designs of the Lake Street Bridge Deck Replacement and the Brindley Street Bridge Replacement;  The bid package would be released soon for the Commons Rehabilitation Project Phase 3; and  The City had been asked to collaborate more actively with the Disability Advisory Board to encourage building owners on the Commons to make their entrances more accessible. Asst. Supt. Whitney reported on the following: Board of Public Works Page 2 December 9, 2013 Regular Meeting  NYSDEC investigators were investigating the impairment of the Wastewater Treatment Facility that occurred on November 23-24, 2013. The contaminant was colorless and odorless; there was a large concentrated release. The Plant is recovering;  Two water line breaks were repaired: one on Dryden Road, one at Beverly J. Martin Elementary School; and  The Water Treatment Plant Rebuild Project is progressing, meeting deadlines. The roof of the Giles Street Residual Handling Building was being built, and the interconnect building on Water Street was being constructed. APPROVAL OF MINUTES: Approval of the December 10, 2012, and January 14, 2013, Board of Public Works Meeting Minutes – Resolution By Commissioner Morache: Seconded by Commissioner Darling RESOLVED, That the minutes of the December 10, 2012, and January 14, 2013, Board of Public Works meetings be approved as proposed. Carried Unanimously VOTING ITEMS: Buildings, Properties, Refuse and Transit: Request for Encroachment Agreement/License at 126-128 South Cayuga Street – Resolution By Commissioner Darling: Seconded by Commissioner Morache WHEREAS, Doris Nitsios, owner of the property at 126-128 South Cayuga Street (Tax Map Parcel No. 70.-6-13), in the City of Ithaca, has requested an encroachment agreement/license from the City into the City’s right-of-way adjacent to West Green Street; and WHEREAS, the encroachment consists of the following: Basement access on West Green Street, consisting of metal doors covering a set of concrete steps, approximately 41.5 inches wide by 45 inches deep, thereby encompassing an encroachment into the right of way of approximately 13 square feet, the approximate location of which has been added to a drawing dated Oct. 10, 1953, and entitled “Map of No. 126-130 S. Cayuga St. Ithaca, NY” prepared by Carl Crandall, C.E., and WHEREAS, it appears that the basement access in question has been in existence in its current location for at least ten years, and does not interfere with the sidewalks on north side of West Green Street as currently constituted; and WHEREAS, the encroachment, which does not exceed 40 square feet, is a minor encroachment as defined in Chapter 170 of the City of Ithaca Municipal Code; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 126-128 South Cayuga Street, as proposed, contingent upon the execution of a license/agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license/agreement allowing said encroachment, revocable upon 90 days’ written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City’s Municipal Code. Carried Unanimously Fees for Use of City Real Property – Boat Slips at Newman Golf Course – Resolution By Commissioner Acharya: Seconded by Commissioner Darling WHEREAS, in the mid-1980s, the City granted revocable licenses to private businesses, which allowed them to construct and use moorings for floating docks on City-owned land adjacent to the Newman Golf Course, along the east bank of the Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and associated parking and storage space, on adjacent City land) to others, at market rates, and Board of Public Works Page 3 December 9, 2013 Regular Meeting WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until the present, with the annual license fees having been determined by an appraisal process to determine the “fair market rental fee,” and WHEREAS, said appraisal, completed for the City in the winter of 2010/2011, recommended a license fee of $350 per slip, per season, for the boat slips on Pier Road, which rate was incorporated by the Board into its 2011-12 schedule of fees for the use of City land (adopted on December 22, 2010), and WHEREAS, the Board of Public Works reduced the rate for the 2011-12 season to $200 per slip, in light of the lateness of the notification to the licensees, relative to the timing of their leasing of boat slips to their customers, with the understanding that the regular, full rate for the city land used for the docks would be assessed in subsequent years, and WHEREAS, the owners of 730 Willow Avenue, the licensee of City owned property designated as tax map 2.-2-2/2 paid the full fees for the 2012-2013 season as part of the 2013 City taxes, and WHEREAS, the fee for the 2013-2014 season remains unpaid, and WHEREAS, the owners are contesting the fees as being unreasonably high and what appears to be based on the mistaken belief that the City owns the actual docks, and WHEREAS, both City staff and Board of Public Works members assert the appraisers were made aware that the City only owns the land, not the docks, now therefore be it RESOLVED, That the Board of Public Works reaffirms the rate for the property designated tax map parcel 2.-2-2/2 to be that established by the appraisal process, with cost of living increases as provided by City Code, in addition to any Tompkins County and Ithaca City School District taxes the City pays because the property is leased, and be it further RESOLVED, that the licensee be allowed to pay the 2013-2014 fee without late payment penalties, and, if the owner decides to renew the lease, the 2014-2015 fee over the course of 2014, with any fee remaining on November 1, 2014 added to the 2015 taxes. Discussion followed on the floor regarding proposed resolution and the understanding that more information would be provided. Acting Supt. Benjamin explained that boat slip renters were given 2012 to adjust to the increase, but was to pay the full rental amounts in 2013. A Vote on the Resolution Resulted as Follows: Carried Unanimously Appeal of License Fee for Use of City-Owned Property – the Old Agway Location, on Taughannock Blvd-Tax Map 43.-1-4 – Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, the City of Ithaca licensed the property designated as tax map 43.-1-4 to Marina Realty of Ithaca, LLC per an agreement dated January 9, 1999, for a period of seven months beginning on November 1, 1998 and ending May 31, 1999, for a fee of $200 per month, and WHEREAS, Marina Realty has continued to pay the City $200 per month to lease the property in question, and WHEREAS, on April 27, 2012, a bill was issued to Marina Realty for the license fee for this property using the new fee schedule established by Chapter 170 of City Code, in the amount of $10,977.00, and WHEREAS, on June 11, 2012, Steve Flash, appeared before the Board of Public Works on behalf of Marina Realty to contest the new license fee and WHEREAS, then Superintendent William Gray told the Board of Public Works that Mr. Flash was operating under an old agreement and the City would have to follow the 30 day requirement to notify the licensee before a new agreement could be created, and offered to bring the appeal back for further discussion after more research was done, with a new agreement and/or an adjusted license fee rate to review, and Board of Public Works Page 4 December 9, 2013 Regular Meeting WHEREAS, the Board has held further discussion, now therefore be it RESOLVED, that the bill issued on April 27, 2012, be expunged, and be it further RESOLVED, that the license fee of $200 per month be accepted as payment for the property 43.-1-4 through January 31, 2014, and be it further RESOLVED, that by copy of this resolution, Marina Realty is hereby notified that the agreement signed January 1, 1999, is terminated effective January 31, 2014, and be it further RESOLVED, that effective February 1, 2014, the rate for the use of tax map 43.-1-4 shall be as established by the Board of Public Works pursuant to Chapter 170 of City Code. Discussion followed on the floor regarding previous discussions the Board held about this topic. Acting Supt. Benjamin explained that the initial rate was incorrect as the renter was not able to utilize the entire parcel since a fence enclosed only 83% of the parcel. Commissioner Darling summarized the resolution, and stated that the City was notifying Mr. Flash that the discounted rate and rental agreement would discontinue as of January 31, 2014. A Vote of the Resolution Resulted as Follows: Carried Unanimously Parking and Traffic: 2014 Parking Rates Director of Parking Frank Nagy joined the Board and presented a report on revenue increases since automation of the garages over 2012 revenues for October and November. He discussed occupancy rates, monthly permit options, advertising, changes that need to occur to increase occupancy and revenues, and planning for the future. He explained that weekly permit rates in the garages should be decreased to bring them inline with market value, but he suggests deleting the weekly permit option as it is rarely utilized. Director of Parking Frank Nagy stated that business owners in Collegetown are requesting 24 hour enforcement because they do not want a vehicle parked in front of their business from Friday night and not moving until Monday morning because on-street parking is free nights and weekends. He further explained that additional automation equipment would assist with allowing more people to enforce parking, enabling parking times to be increased after purchasing the equipment. Director of Parking Frank Nagy stated that over 500 parkers enter and exit the Seneca Street Parking Garage on Saturdays, when all parking is free. Saturdays are the busiest day of the week for that garage. He would be happy to charging a flat rate for the day, rather than $1 per hour. Discussion followed on the floor regarding eliminating the weekly parking permit option. Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, the Board of Public Works has considered the proposed 2014 rates for municipal parking facilities in order to meet the adopted 2014 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2014, and RESOLVED, That the Board of Public Works hereby adopts the proposed 2014 parking rates as follows in the attached table; and, be it further, RESOLVED, That the Board of Public Works will revisit the parking rates no later than its final July meeting in 2014; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2014, and shall remain until the Board of Public Works directs otherwise. Board of Public Works Page 5 December 9, 2013 Regular Meeting Monthly Permits Actual 2013 Rates Effective 1/1/13 Proposed 2014 Rates Effective 1/1/14 Amount Changed Seneca Garage, Day and Night All Levels, Full Access (24/7) $87.50/mo $90.00/mo 3% increase Contract with Hotel1 $50.70/mo $52.00/mo 3% increase Contract with Cascadilla Plaza, LLC $87.50/mo $90.00/mo 3% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $76.00/mo Part time Special (24/7, 105 hrs/mo) $65.00/mo Overnight Only Special (5pm-8am) $45.00/mo Primo Part time Special (24/7, 68 hrs/mo) $41.00/mo Green Street Garage, Day and Night All Levels, Full Access $76.25/mo $79.50/mo 3% increase Contract with Ciminelli2 $53.00 $54.00/mo 1.72% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $67.50/mo Part time Special (24/7, 105 hrs/mo) $58.00/mo Overnight Only Special (5pm-8am) $40.00/mo Primo Part time Special (24/7, 68 hrs/mo) $37.00/mo Cayuga Street Garage, Day and Night (before sales tax) All Levels, including long-term storage $61.00/mo $63.00/mo 3% increase Contract with Cornell2 $47.00/mo $48.00/mo 1.72% increase Contract with County (Library)3 $56.25/mo $60.48/mo 96% of market Premium Area Rates $112.25/mo $116.00/mo 3% increase Dryden Road Garage Full Access (24/7) $200.00/mo $150.00/mo $50 decrease Discounted Hourly (250 hours)4 $116.50/mo $120.00/mo 3% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $125.00/mo Part time Special (24/7, 105 hrs/mo) $68.00/mo Overnight Only Special (M-F/6pm-9am/ Free Weekends) $125.00/mo Primo Part time Special (24/7, 68 hrs/mo) $45.00/mo Other Non-Meter Permit Parking Contract with County (DSS)3 $47.00/mo $48.00/mo 2% increase Weekly Rates Actual 2013 Rates Effective 1/1/13 Proposed 2014 Rates Effective 1/1/14 Amount Changed Seneca Garage, Day and Night $26.50 $22.75 14% decrease Green Street Garage, Day and Night $23.00 $22.75 1% decrease Dryden Road Garage, 24 Hours $67.00 $35.75 47% decrease Hourly Rates5 Actual 2013 Rates Effective 1/1/13 Proposed 2014 Rates Effective 1/1/14 Amount Changed Seneca, Green, Cayuga Street Garages6 Per hour $1/hour $1/hour No change Maximum $7/day $7/day Dryden Road Garage 0 – 24 $1/hour $1/hour No change Board of Public Works Page 6 December 9, 2013 Regular Meeting Hourly Rates5 Actual 2013 Rates Effective 1/1/13 Proposed 2014 Rates Effective 1/1/14 Amount Changed Maximum $15/day $15/day No change Bulk Purchase: Garage Tokens or Value Card $26.00/ 40 hours $26.00/ 40 hours No change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No change Parking Meters and Pay and Display Surface Lot: Green Street Garage7 $2.00/hour No max. $2.00/hour No max. No change Downtown (begin July 1, 2014) $1.00/hr 2 hr. max. $1.50/hr 2 hr. max. $.50/hr increase Collegetown (begin July 1, 2014) $1.00/hr 2 hr. max. $1.50/hr 2 hr. max. $.50/hr increase Thurston & Stewart Ave. & Edgemoor (begin July 1, 2014) $0.50/hr 9 hr. max. $0.75/hr 9 hr. max. $.25/hr increase Foot Notes 1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 – Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2013, based on August 2012 CPI. The percentage change in the CPI from August 2012 to August 2013 was 1.72%. 3 – The County’s Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2014 is 92% of the market rate. County’s DSS agreement for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016. 4 – The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. 5 – Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 – The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 – In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. Carried Unanimously DISCUSSION ITEMS: Proposed Street Vending Policy Director of Engineering West introduced Blake Fall-Conroy, a food vendor that participated in the Street Vending Subcommittee. Director of Engineering West explained the process of creating the proposed policy. He summarized the proposed policy, including suggested locations with designated vending days, times, and zones that consisted of residential, commercial and park areas. Board of Public Works Page 7 December 9, 2013 Regular Meeting Alderperson Fleming left the meeting at 6:02 p.m. Director of Engineering West noted the “grandfathered” food trucks close to Cornell University (The Hot Truck and Louie’s Lunch) would be expected to participate in the vending site lottery in 2014. He explained the time allocations for the vending locations, which would consist of two vending spots at each location, with one spot allowing a truck to park every day for the times allowed, and two trucks alternating days at the second spot. Discussion followed on the floor regarding the basis of the fee schedule, increasing concessions at Newman Golf Course that might compete with food trucks located nearby, and the rule that food trucks must be located 100 feet or more from the nearest restaurant. Commissioner Goldsmith requested more discussion regarding concessions at the golf course. Mr. Fall-Conroy mentioned that food trucks may draw people to the golf course. Director of Engineering West requested that the Board schedule a public comment period at the next Board meeting on December 23, 2013. The Board agreed. Commissioner Goldsmith left the meeting at 6:13 p.m. Director of Engineering West further explained the Rules of Operation, the Application Process, Fees, and the lottery to assign vending spaces. The proposed policy states that once an applicant is granted a permit, it may be held for up to one year. Vendors would pay fees on a quarterly basis, but could request a new or additional location each quarter. He noted that a background check would be conducted for vendors wishing to vend at playgrounds and parks. Director of Engineering West noted the policy would begin on April 1, 2014. A review of the program will be conducted in January 2015 to evaluate any changes that may need to be made. Quarterly lottery allows for new vendors to enter the vending program, existing vendors could add/change locations, or stop vending altogether. Director of Engineering West noted that the vendors that have been working with the subcommittee were remarkable and very helpful. He explained the timeline of getting approval of the policy with a public comment period scheduled for the Board’s meeting on December 23, 2013. The Board’s vote would be on January 13, 2014, and the first lottery would be held in February 2014. The Board generally agreed that the proposed policy was well thought out, and they were excited for the new policy to begin. ADJOURNMENT: On a motion, the meeting adjourned at 6:21 p.m. Kathrin D. Gehring Svante L. Myrick Executive Assistant Mayor