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HomeMy WebLinkAboutMN-BPW-2010-09-15BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. September 15, 2010 PRESENT: Mayor Peterson Commissioners (6) - Jenkins, Brock, Goldsmith, Tripp, Wykstra, Warden OTHERS PRESENT: City Attorney - Hoffman Superintendent of Public Works - Gray Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Information Management Specialist - Myers EXCUSED: Common Council Liaison – Zumoff DAC Liaison – Roberts REPORTS Board Liaisons Commissioner Brock, as liaison to the Parks Commission, reported that the Parks Commission would like to do a presentation for the Board of Public Works and Common Council on ways to address overall park management. Currently there are six vacancies in the DPW, including the City Forester. Commissioner Wykstra, as liaison to the Natural Areas Commission, reported that the Natural Areas Commission is discussing overall gorge safety and the protection of the natural areas. They drafted a letter, which they have sent to the Mayor to send out, to “You Tube” requesting that the videos of cliff jumping in Six Mile Creek be removed from their website. Mayor Peterson responded that she had not received the letter from the Natural Areas Commission yet. She also noted that she has asked the City Clerk to send a letter to the Ithaca Times requesting that they refrain from listing the Six Mile Creek gorge area as a place to go for cliff jumping. The City has a Gorge Safety Task Force that is working hard to keep people from cliff jumping. Commissioner Wykstra, as liaison to the Natural Areas Commission, reported that work on the Columbia Street bridge has begun. The NAC requests that the work plan for the project be submitted to them for review as per their new procedures which were put into place by the Board of Public Works recently. Commissioner Brock asked if there was any information from the bridge means restriction meeting that took place yesterday. Mayor Peterson responded that it was basically an introductory meeting for the public to meet the design team; Supt. Gray attended the meeting. She stated that she had requested a representative from Common Council and the BPW to sit on this committee, but had no response from BPW members. Commissioners Brock and Warden volunteered to participate in the meetings on behalf of the BPW. Mayor Peterson stated that she would forward their names to the person at Cornell who coordinates the meetings. Superintendent and Staff Supt. Gray announced that there would be a Pharmaceutical Waste Collection Day on October 16th at TCAT. The last one was successful and they’re hoping this will be more so. He reported that preliminary survey/study is taking place at the Seneca Street garage in the areas where parking has been prohibited to determine what needs to be repaired. Because of the late start with getting bids out for the Columbia Street bridge project, the bulk of the work will take place next year. He noted that Rick Searles, Assistant Building Systems Supervisor, is investigating a company in Syracuse that Board of Public Works – September 15, 2010- Page 2 deals with deterring birds in urban areas to see if something might be done about the bird problem on the Commons. The new yard waste collection process prohibiting the use of plastic bags will become effective November 1st. Asst. Supt. Benjamin reported on the following: • Repaving of King Street has been completed; and repaving on Queen Street will be done by tomorrow. • Crews will then proceed to the 300/400 blocks of Yates Street and to the 1000 block of West Seneca Street to repave. • Crews will also be installing curbs on Franklin Street • Crews will apply binder only to the Inlet Island Parking Lot • Crews will then work on repaving Hopper Place and if there is time, they will repave Chestnut Street. • The new street sweeper has not been released by the manufacturer yet; it was due to be delivered to the City by 9/12, but because it does not have a jake brake, they are having problems will emission controls. The City has been offered a sweeper with a jake brake, but will only accept it if it comes with documentation that it meets the requested decibel levels. The manufacturer is required to supply the City with a sweeper in the meantime until the new one can be released. Asst. Supt. Whitney reported on the following: Water and sewer repair/replacement work will be completed on Hopper and Westfield Streets by the end of October. The three water tank sites are being prepped for painting, including tree trimming and setting up scaffolding. The 60’ dam gate house is going through cleaning and maintenance and attempts are being made to re-jig screens. O’Brien and Gere have obtained a diving team for the first part of October to investigate the raw water main’s condition and to make repairs as needed. WATER AND SEWER: Appeal of Water Bill for 622 Cascadilla Street – Discussion Commissioner Warden disclosed that he has done annual sprinkler system work for the property owner for many years. He does not feel it will affect his ability to make an objective decision on the appeal. The property owner, Lex Chutintaranond, addressed the Board to explain the reason why he was appealing the water bill. He explained that the bills for this property have been pretty consistent until the City installed the new water meter and then the amounts in the bills increased significantly. He noted that there aren’t any leaks in the system and the usage has not changed. Discussion followed on the floor regarding reasons why the bills could increase the way they did. Asst. Supt. Whitney explained that the old meter was under registering the use of water, so when the new meter was installed and began to read actual usage, the bills increased to reflect the actual water use. The Board thought it would be a good idea to have the new meter tested at the city’s cost to make sure it is reading correctly. The owner responded that he does not wish to cost the City money in response to his appeal however; he did agree to make arrangements with staff from the water department to do a test. He stated that if the test reveals that the new meter is reading accurately, he will be satisfied and will request a payment plan be set up with the City Chamberlain’s office. He thanked the Board for their time and consideration. Board of Public Works – September 15, 2010- Page 3 Appeal of Water Bill for 104-114 North Cayuga Street – Discussion Commissioner Warden disclosed that he has known Mr. Kielmann for more than thirty years. He recused himself from the discussion of this appeal. The property owner, Mark Kielmann, addressed the Board to explain why he was appealing the water bill for the above address. He stated that the water bills for this property have run about $4,500 a year for a few years now and that when they received a bill for $8,000 and determined that there was no leak and the water usage had not increased, that the water meter may not be reading accurately. He further stated that this building has a cooling tower, so a large amount of water that they use never winds up in the sewer because it evaporates. Discussion followed on the floor regarding the different months where peaks in usage were noted. Supt. Gray explained that even if people don’t use the storm sewer, i.e. using hoses to water gardens, or for cooling towers, their bills are not necessarily decreased as sewer charges are based on metered use, and not adjusted on a case by case basis. He further proposed that the owner consider taking daily water meter readings to determine what takes place in the building at the time the usage increases to help determine why usage is increasing. Asst. Supt. Whitney noted that the new meter memory head can provide an hourly graph of usage and could be retested as well. He stated that he would have his staff contact Mr. Kielmann to do those special readings for him as well as to retest the meter head, at the City’s cost. APPROVAL OF MINUTES Approval of the August 11, 2010, Board of Public Works Meeting Minutes – Resolution By Commissioner Brook: Seconded by Commissioner Wykstra RESOLVED, That the minutes of the August 11, 2010 Board of Public Works meeting be approved with noted corrections. Carried Unanimously ADMINISTRATION AND COMMUNICATIONS BPW Review of Charter – Discussion Continued, start at C-62 § C-62 Program for development of arts. The Board did not have time to discuss the Charter at today’s meeting. VOTING ITEMS Buildings, Properties, Refuse, and Transit Request for Revocable License for Use of 611 W. Buffalo Street - Resolution (by the Owners of 602-612 W. Seneca Street) By Commissioner : Seconded by Commissioner WHEREAS, James and Antoinette Iacovelli (hereinafter “Iacovelli”), owners of record of the property at 602-612 W. Seneca Street (Tax Map Parcel No. 59-7-17), in the City of Ithaca, have requested permission to use an adjacent parcel owned by the City of Ithaca (611 W. Buffalo Street, Tax Parcel No. 59-7-9) in order to provide ingress and egress to a 14-space parking lot proposed to be constructed by Iacovelli in the northwesterly corner of Iacovelli’s property, to serve a 24-unit rental complex to be constructed at that site; and WHEREAS, the City-owned parcel is currently a parking lot intended for use by residents in the neighborhood in its vicinity; and WHEREAS, the parking area proposed by Iacovelli would in effect act as an extension of the City-owned parking lot, with ingress and egress to be achieved by way of a continuous north-south aisle from W. Buffalo Street, as illustrated on a site plan map prepared by L. Fabbroni, P.E., for “Iacovelli 612 W. Seneca Apartments,” dated 7/15/10; and Board of Public Works – September 15, 2010- Page 4 WHEREAS, the Superintendent has reviewed this request and does not anticipate any conflicts in the near future, from a public works standpoint, with the proposed shared use of the property at 611 W. Buffalo Street; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca stipulates that as a general practice the City shall receive value equivalent to fair market rent for the use of City land by others; and WHEREAS, while the Board of Public Works has not yet adopted a schedule of fees for such usage, pursuant to Chapter 170, the City nevertheless has an estimate of the value, generally, of “prime commercial highway land” (e.g., along Route 13), from a professional appraiser retained by the City, which value (assuming a rate of return of ___% for the City) is $____ per square foot per year; and WHEREAS, to provide the requested access to a parking area at the rear of 602-610 W. Seneca Street, Iacovelli would require shared use of a corridor through the City-owned parcel at 611 W. Buffalo Street, approximately 15 feet wide by 130 feet in length, comprising approximately 1,950 square feet, the fair rental value of which area (not including any improvements provided by the City) is $_______/year; and WHEREAS, vehicular use of the access aisle through the City lot, by the licensee and its invitees, will cause additional wear and tear upon the pavement installed and maintained by the City, as well as the adjacent sidewalk and driveway apron, which wear and tear is estimated to represent an amortized cost to the City of $_______ per year; and WHEREAS, Iacovelli has offered to plow and remove snow from the shared access corridor (on City property) during the term of the license, at Iacovelli’s cost, which service is deemed to have a value to the City of $______ per year; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to sign a one-year revocable (and renewable by mutual consent) license/agreement containing the standard terms and conditions of such licenses (where applicable), that would permit Iacovelli to use the north-south access aisle of the City-owned parking lot 611 W. Buffalo Street for vehicular ingress and egress to and from the Iacovelli property at 602-612 W. Seneca Street, upon its development as a apartment building, subject to any terms and conditions of final site plan approval of the project by the City’s Planning and Economic Development Board; and be it further RESOLVED, That the license shall be subject to an initial, annual fee of $__________, which fee takes into account the fair rental value of the City land subject to (shared) use by Iacovelli, the additional cost of wear and tear on improvements maintained by the City, and the value to the City of Iacovelli’s timely removal of snow from the licensed premises; and be it further RESOLVED, That as part of the consideration to be provided by the licensee, Iacovelli shall be required to take responsibility, at licensee’s sole cost, for the timely plowing and removal of snow from the central access aisle of the City-owned lot at 611 W. Buffalo Street; and be it further RESOLVED, That a condition of the license shall be the licensee’s agreement to restore the appropriate separation and buffer between 602 – 612 W. Seneca Street and 611 W. Buffalo Street, on the property of licensee, including a privacy fence at least six feet in height and any required landscaping, upon the termination of the license by either party. NOTE TO BOARD: Additional information received by the City in August from Pomeroy Appraisal Associates (amending their original report from December 2009) provides a range of fair rental values for “primary highway commercial land” (unimproved) in the City (“i.e., on Route 13, etc”), tied to the rate of return sought by the City. The rates of Board of Public Works – September 15, 2010- Page 5 return in the chart range from 7% to 13% (with Pomeroy suggesting 8% for general application). At 7%, the value is $0.67/square foot/year, and $1,306 for this license. 8% = $0.76/sf, and $1,482 for this license. 10% = $0.95/sf, and $1,852 for this license. 12% = $1.14/sf, and $2,223 for this license. 13% = $1.24/sf, and $2,418 for this license. City Attorney Hoffman reviewed the request with the Board. He explained that in this particular zoning district of the City, there is no requirement for parking. He explained that his approach with this proposed resolution is to be consistent with the new rules established for use of City land that would use the values for the land provided by the appraisers that the City hired to do a market study of land values. Mayor Peterson left the meeting at 6:05 p.m. City Attorney Hoffman further explained the value of the land assigned by the appraisers for unimproved land. He stated that the property, however, has been improved by either the City or the Ithaca Urban Renewal Agency. He further stated that there is no provision made for that improvement in the appraisers chart and he would need to ask the appraiser for guidance as to what that value would be. Commissioner Warden noted that during construction of the project cement trucks, and other construction vehicles would need to use the city’s parking lot to access the project which could cause damage. Discussion followed on the floor regarding how construction vehicles would access the project site if the City did not allow them to access the area through the City’s parking lot. Further discussion followed on the appraised value of the land, the need to protect the City’s interests, and whether or not to make an offer to the applicant with the 7% figure proposed by the City Attorney. The applicant can choose to enter into a revocable license agreement with the City or access the site from the City street. Further discussion followed on whether the appraisers should take another look at what the value of the land might be in light of the concerns raised during the Board’s discussion. The Board requested that the City Attorney contact the appraiser to request that they re-evaluate the land to see if they feel the fair market value should be adjusted and to place this item on their next agenda. DISCUSSION ITEMS Creeks, Bridges, and Parks Newman Golf Course – Discussion Supt. Gray explained that the golf course has come up as a topic of discussion because of the possible retirement of the Golf Pro. He stated that Executive Assistant Kathy Gehring developed a data spreadsheet to provide an overview of state and municipal courses. He would like to start a discussion that will produce a list of questions and a list of comparable courses that the City might want to approach for further information. The data provides an interesting glimpse at golf courses across the state. He further stated that the City’s Human Resources Department is very interested in seeing the Golf Pro position become a city employee rather than a contractor which is the current arrangement for the Golf Pro. Asst. Supt. Benjamin stated that the position requires someone with turf experience and management experience. The City needs to hire someone by the end of the year because most golf pros line up their contracts, agreements, etc. for the following year by the time the end of the year arrives – if the City wants a quality person in the position. Commissioner Tripp suggested that sample job descriptions for golf managers/pros at other municipal golf courses be requested as well as information as to net gain or loss for those courses. She said the data that was provided by the Superintendent on statewide golf courses was interesting, but that comparing state or municipal courses to private ones is not useful. Board of Public Works – September 15, 2010- Page 6 Commissioner Goldsmith stated that he had a conversation with a local golfer today about Newman Golf Course. They said the course is good, but that the club house is in very poor condition. He noted that some of the data provided is useful in that it shows the different amenities offered at different courses, which is something the city should also be considering as it discusses the future of the golf course. Commissioner Brock asked if the City has examples of private/public shared facilities that might help facilitate the work needed on the clubhouse. City Attorney Hoffman stated that the Hangar Theatre is on city land, but leased and operated by a private not- for-profit organization; the Farmers Market is another example – although they are not located on parkland. Commissioner Brock wondered if there might be a way around if the golf course use is dovetailed with the use of the park so that the club house could be replaced. City Attorney Hoffman responded that there must be a valid recreational use for the parkland because the City cannot give a long-term lease, which is what someone would want who would be investing a lot into the golf course and club house. He noted that the Children’s Garden had to alienate that part of the park for their use. Commissioner Tripp stated that she would be very interested in hearing from the public as to whether or not they want the City to run its own golf course. She asked if there was any such thing as an advisory referendum that could be a tool to get that information from the public. City Attorney Hoffman responded that he would need to look into that to see if it was even possible. Commissioner Wykstra asked what the Board needed to do today. Supt. Gray responded that staff is under the impression that a plan and the hiring of someone must be done by the end of the year. He asked the Board to provide input as to what information they need from staff in order to move forward as the hiring process needs to start soon. He further stated that this position needs to be reviewed by the Civil Service Commission and the Human Resources Department. He further noted that this is an unusual employment issue in the City where someone puts in a year of work in eight months. Commissioner Jenkins asked if there was information from other courses as to whether there is a resident and non-resident rate charged that could be provided to the Board. This item will be placed on the agenda for the October 13th meeting. ADJOURNMENT On a motion the meeting adjourned at 6:50 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor