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