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HomeMy WebLinkAboutMN-BPW-2016-11-14Board of Public Works Meeting Proceedings Regular Meeting 4:45 p.m. November 14, 2016 Present: Mayor Myrick Commissioners (5) Darling, Warden, McCormick, Greene, Jenkins Others Present: Supt. of Public Works – Thorne Asst. Supt. W & S – Whitney Director of Parking – Nagy Information Management Specialist – Myers Excused: Director of Engineering – Logue CC Liaison – Fleming Asst. Supt. S & F - Benjamin Call to Order - Additions to or Deletions From the Agenda: Mayor Myrick requested the addition of a resolution under New Business entitled “Departure of Fellow Board of Public Works Commissioner - William Goldsmith - Resolution” No Board Member objected. Communications and Hearings from Persons Before the Board: No one appeared to address the Board. Administration and Communications: Approval of the May 11, 2015 and October 24, 2016 Board of Public Works Meeting Minutes - Resolution By Commissioner Darling: Seconded by Commissioner Jenkins RESOLVED, That the minutes of the May 11, 2015 and October 24, 2016 Board of Public Works meeting be approved as published. Carried Unanimously Reports: Commissioner Marshall reported that he is willing to begin attending the Bicycle Pedestrian Advisory Council meetings so that information can be shared between each board, and until the liaison is appointed. Director of Parking Nagy reported that the total on-street parking revenue for October was $82,000.00, in 2015 it was $77,000.00, and in 2014 it was $67,000.00. So far, for November, $34,000.00 has been collected from on-street parking, and that’s just for the first nine days of the month. At the rate that the revenue for on-street parking is doing, this should really be a banner year for the City of Ithaca. He further reported that he has been working on what the annual parking rate for all types of parking in the City should be for 2017. He has also been working on marketing ideas with a plan to promote and explain what will happen when the Marriott Hotel opens in the next month or so and ninety (90) spaces in the Green Street Parking garage are taken out of the inventory for hotel use. This change will have an impact on parking in the other two garages downtown. There have been many discussions related to inventorying all the parking spaces owned by the City through the City’s GIS department and that work is almost complete. Once he has the total inventory of parking Board of Public Works Meeting Minutes November 14, 2016 2 spaces, he can then plug in the occupancy data from the License Plate Readers (LPR’s) used by the Community Service Officers so the inventory can be completed by the end of year. He reported that the City was fortunate to have a college student conduct the on-street inventory for free. Having the complete inventory will be a great tool, for example data for a four block radius could be pulled up and then you would know what the occupancy is on-street. This kind of information can be reviewed and used by developers as different projects are constructed around the City. Staff will need to work to keep the inventories updated, though, from this point on if we want to maintain a complete day-to-day inventory – which the City will want to. He explained that the new Marriott Hotel will be paying the regular rate for the 90 parking spaces in the Green Street Garage. They will have the first 45 parking spaces closest to the hotel on both floors of the garage. The garage has 381 spaces, if that is divided by the two decks, and the 45 spaces taken off on each floor for the hotel, it will be tight since there are 322 people with monthly parking passes for the Green Street Garage (only an average of 222 show up on a daily basis though). The proposed parking rate for the Green Street Parking garage will be increased hoping that some monthly permit holders will switch to the other two parking garages, particularly the Cayuga Street Parking garage which will have a lower monthly rate for parking. He further stated that Park Mobile did more than $25,000 in revenue for the month of October; that is the largest amount since the City began to use the system. Asst. Supt. Whitney reported that the temporary certificate of occupancy, just for staff, should be issued within the next month for the new Water Treatment Plant. A week ago on Tuesday the Town of Ithaca Board passed a resolution to begin the necessary sewer repair work on the South Hill Recreational Way. They are now waiting for the 30 day window for New York State Parks to sign-off on the repair which is located in the right- of-way so crews can begin the work - weather permitting. There have been a fair amount of new service requests coming in, which crews should be able to continue to work on for another month or until the ground freezes. Crews are working on Giles Street with different pressure zones, pumping to keep water fresh so hydrants won’t need to be flushed during the time that the City anticipates being on Bolton Point water while the 60’ dam is out of commission. That work will go to bid in the spring with a start date of early next summer. He further reported that the City has issued 110 water credits so far due to the discolored water problem experienced during the summer. Supt. Thorne reported that asbestos abatement is being done on the property at 401 Lake Street; the City is not sure of the demolish date at this point. This is the first step to removing the hazardous material on the site. The report on the cost to repair the Green Street Parking garage should arrive soon, as well as options for its future use as well as costs. Forest Home Drive and Thurston Avenue Bridge - the erosion there is getting much worse as a result of the recent heavy rains. The rains have caused the erosion to a depth of four feet under the sidewalk and in some places its eroded ten feet. The good news, if there is any, is that the large traffic control box there has fallen out of the way because of the erosion, which has allowed the City to get good view of the source of leak - we now know where it is coming from. Staff is working with the City Attorney’s office to get the Memorandum of Understanding with Cornell University finalized, it may need to be dealt with as an emergency project in order to get it somewhat stabilized to make it through the winter; it may not last if we have a harsh winter. The work continues on the underground vaults on College Avenue, which NYSEG is repairing at the same time the developer needs to work with the same location so granite pavers can be installed. Once complete, the vaults will have a new type of lid at grade because of the granite pavers. Staff had a meeting with New York State Department of Environmental Conservation and O’Brien and Gere to find out why Board of Public Works Meeting Minutes November 14, 2016 3 it’s taking so long to get things moving on the City’s dredging project for Cayuga Lake Inlet. The meeting was good, and helped to open up the lines of communication better. So far, through the different processes for this project, staff of the City of Ithaca have been the last one to know what is going on. So, it’s been extremely inefficient, now that staff can be in direct contact with O’Brien and Gere, the project can begin moving forward, which is a good thing because it’s been stalled for year. Commissioner Warden, liaison to the Joint Sewer Committee, reported that they are probably going to move ahead with the next phase in the energy development project. He explained that there are multiple phases involved for the City to create its own energy grid. This is an item that might be coming to Common Council since some City involvement, as far as money goes, will be needed. There will be a significant payback in the long-term, but in the short-term funding will be needed. Parking & Traffic: 2017 Parking Rates – Resolution – DISCUSSION ONLY WHEREAS, the Board of Public Works has considered the proposed 2017 rates for municipal parking facilities in order to meet the adopted 2017 budget revenue projection; and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2017; now, therefore be it RESOLVED, That the Board of Public Works hereby adopts the proposed 2017 parking rates as follows in the attached table; and, be it further RESOLVED, That all rates shall go into effect January 1, 2017, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2016 Rates Effective 1/1/16 Proposed 2017 Rates Effective 1/1/17 Amount Changed Seneca Garage, Day and Night All Levels, Full Access (24/7) $96.00/mo $96.00/mo No Change Contract with Hotel1 $56.00/mo $56.45/mo 0.81% increase CPI Contract with Cascade Plaza, LLC $96.00/mo $96.00/mo No Change Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $78.00/mo $78.00/mo No Change Part time Special (24/7, 105 hrs/mo) $67.00/mo $67.00/mo No Change Overnight Only Special (5pm-8am) $46.00/mo $46.00/mo No Change Primo Part time Special (24/7, 68 hrs/mo) $42.00/mo $46.00/mo 9.5% increase Board of Public Works Meeting Minutes November 14, 2016 4 Green Street Garage, Day and Night All Levels, Full Access $85.00/mo $96.00/mo 13% increase Contract with Cascade Plaza, $54.32/mo $54.75/ mo 0.81% increase CPI Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $69.50/ mo $78.00/mo 12% Increase Part time Special (24/7, 105 hrs/mo) $60.00/ mo $67.00/mo 12% Increase Overnight Only Special (5pm-8am) $41.00/ mo $46.00/mo 12% Increase Primo Part time Special (24/7, 68 hrs/mo) $38.00/mo $46.00/mo 21% Increase Cayuga Street Garage, Day and Night (before sales tax) All Levels, including long-term storage $67.00/mo $69.00/mo 3% increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $56.00/mo New option Contract Cornell Rate $52.98/mo $53.40/mo 0.81% increase CPI Contract with County (Library)3 $67.00/ mo $69.00/ mo 3% change Premium Area Rates $123.00/mo $123.00/mo No Change Dryden Road Garage Full Access (24/7) $159.00/mo $164.00/mo July 1, 2017 3% increase Worker’s Special (210 hrs/mo) $129.00/mo $133.00/mo 3% Increase Part time Special (24/7, 105 hrs/mo) $70.00/mo $72.00/mo 3% Increase Overnight Only Special (M-F/6pm-9am/ Free Weekends) $129.00/mo $133.00/mo 3% Increase Primo Part time Special (24/7, 68 hrs/mo) $46.00/mo $47.00/mo 2% Increase Other Non-Meter Permit Parking Contract with County (DSS)3 $50.00/mo $51.00/mo 2% increase Weekly Rates Actual 2016 Rates Effective 1/1/16 Proposed 2017 Rates Effective 1/1/17 Amount Changed Seneca Garage, Day and Night $30.00 $30.00 No Change Green Street Garage, Day and Night $28.00 $30.00 7% Increase Dryden Road Garage, 24 Hours $50.00 $51.00 2% Increase Board of Public Works Meeting Minutes November 14, 2016 5 Hourly Rates5 Actual 2016 Rates Effective 1/1/16 Proposed 2017 Rates Effective 1/1/17 Amount Changed Seneca, Green, Cayuga Street Garages6 Per hour $1/hour $1/hour No Change Maximum $7/day $7/day No Change Dryden Road Garage 0 – 24 $1/hour $1/hour No Change Maximum $15/day $15/day No Change Bulk Purchase: Garage Tokens or Tracer Tickets $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 Garage $2.25/hour No max. $2.25/hour No max. Demand Parking Rates Downtown (begin As Pay Machines are installed) $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. Demand Parking Rates Collegetown (begins as pay machines are Installed) $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. Demand Parking Rates Thurston & Stewart Ave. & Edgemoor (begins as pay machines are installed) $0.75/hr 9 hr. max. $0.75/hr 9 hr. max. Demand Parking Rates 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. 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. Commencing in 2015, the rate is 100% of the market rate. County’s DSS agreement for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016, and needs to be negotiated. 5 – Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage, 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. Board of Public Works Meeting Minutes November 14, 2016 6 9 – The Director of Parking is authorized, subject to consent by the Superintendent of Public Works, to enact revised Demand Parking Rates to raise or lower on-street parking rates to achieve 85%+/- parking occupancy per street block. Director Parking Nagy explained - long story short – there are 90 spaces reserved for the Marriott Hotel and short term parkers in the Green Street Garage. The Green Street Parking garage has 381 spaces minus the 90 that’s 292 spaces leftover; there are 282 monthly parkers which does not allow for a lot of turnaround. The concern is how to market the two garages downtown as well as the third one (Cayuga Street Parking Garage - which has 300-350 spaces empty currently). If the Green Street Parking garage prices were brought up to the same rate as the Seneca Street Parking garage, then permit holders would have options as to which garage to use. The Cayuga Street Parking garage offers a “worker special” of $56.00 per month Monday through Friday. The rate at the other parking garages is $78.00 per month which should, naturally, drive parkers to the Cayuga Street Parking garage because of the lower price. However, parkers would then need to walk ½ a block more to get to work, but hopefully the lower rate will be a good incentive for them. The revenue should still fall within the goal of a 13% increase for the year that he reported previously. The ultimate goal is to move more parkers to the Cayuga Street Parking garage, and prevent Green Street Parking garage parkers from being upset about there being no spaces in which to park. This will really be the case when the City opens up 40 short term spaces for holiday shoppers, in addition to the 90 for the hotel. The Marriott Hotel is planning on having their grand opening-ribbon cutting ceremony on December 12th; however, they will need to wait until January 1st for their spaces to become available. This will allow the City time to market the idea of moving parkers to the Cayuga Street Parking garage. Commissioner Greene responded that it sounded like a good plan, and that he will be curious to see people’s reactions. He wondered whether the City had discussed using the Cayuga Street Parking garage for the guests of the Marriot Hotel. Director of Parking Nagy responded that it had, but he was not involved with those discussions and the papers had been signed before he arrived for the Green Street Parking garage. Commissioner Darling stated that in the meantime, as far as parkers using the Green Street Parking garage, that since it already fills up to capacity early in the day that the City work to put up the signage faster to alert the public that the garage is full. This would allow them time to choose another parking garage instead. People become very upset when they enter the Green Street Parking garage only to find no parking spaces and then it becomes very difficult to turn around to exit the garage. It would be great if signage could be put up before people make the turn onto Green Street; that way they could go to the Cayuga Street Parking garage. Director of Parking Nagy responded that at a recent parking show he attended, they were vendors were all talking about a new parking app that will tell people where parking is available. There are two or three app companies out there already with this capability; the app will find a parking location for you. In order for the City of Ithaca to offer such an option, our equipment would need to be upgraded or replaced. He stated that previously people had always been able to make reservations for parking with the app, now that app is being expanded to include a physical inventory of available parking to choose from. Board of Public Works Meeting Minutes November 14, 2016 7 Parking Director Nagy then directed the Board to line 9 of the above resolution regarding the proposed parking rates for 2017, and the proposed change that would give authority to the Director of Parking, with the approval of the Supt. of Public Works, to “raise or lower on-street parking rates to achieve 85%+/- parking occupancy per street block”. The way it is now, he has to bring any price change to the Board of Public Works. With this proposal, he would show all the data regarding occupancy to the Supt. of Public Works, and if they agree then raise the parking rate accordingly. Right now, he has to brings those requests to the Board to approve which can take anywhere from 30-90 days to get approved. The goal is that if the increase does its job, the rate will need to be decreased. Right now, again, to decrease the rate would mean that the request would have to come back to the Board of Public Works which, again, can take anywhere between 30-90 days. He stated that the Mayor has been discussing this idea with him since the Park Mobile program began. The goal is to always maintain an occupancy of 85%+/-, when that is not occurring then adjustments will be made to the rate. He needs the flexibility to make the rate adjustments dependent upon occupancy automatically – with approval from the Supt. of Public Works. The reason that the City wants to be at 85%+/- occupancy is so there is a place for someone to park on the street. There will be data to back up either the increase or decrease to justify the adjustment. Supt. Thorne stated that he likes the concept; however, he feels the resolution should spell out in more detail how the increments will be done and how occupancy affects the rates either up or down. He would like the resolution to be amended before the Board votes on it. Commissioner Warden responded that to raise the rates like that will cause serious public relations problems because people won’t know what rate they’re paying for parking. He has already heard a number of complaints from people because they don’t know how much it costs to park. It’s great to have the 85% occupancy goal, but if there is also the unknown price that’s not good, and there should be something to balance between those concerns. Director of Parking Nagy explained that the pay machine will tell them what the rate is as well as the rate will be on the Park Mobile app. Mayor Myrick stated that in the information about this for the public it should show where the different zones are located and what the most expensive rate on the street would be compared to if they park in a garage. The equivalent of this and it is happening right now is with Uber. During the busy time the rates go up and people can make a conscious decision what they want to pay but either way they are alerted. It’s too late by the time you walk to the pay machine and see that the rate has increased to then go park in a garage. Commissioner Greene expressed some reservations about the public’s reaction to this proposal. He is not sure it makes sense; does the goal of raising or lowering the rate to keep the 85% occupancy rate really accomplish that much more as opposed to leaving the rates the same. Director of Parking Nagy responded that the City wants to avoid people having to drive around and around to find a parking spot. If someone comes downtown and the parking is always full, that is a negative. If you come downtown and there is that 85% occupancy, you’ll find a spot to park so you’d be more likely to come downtown again. Board of Public Works Meeting Minutes November 14, 2016 8 Commissioner Greene agreed with that reasoning, and noted that this will probably create a lot of confusion and angst amongst the public at first. Commissioner Darling stated that this is not a capricious decision; if the parameters are given to the public ahead of time. Otherwise, every time the rates need to be adjusted up or down it will have to come to the Board for approval. This makes sense because he understands the goal, and the Board of Public Works will be the place where people can come to complain. He does want to make sure that rates won’t be adjusted more than every 30 days, and that there is a plan. He further noted that this approval grants the Director of Parking the authority, with lots of data to back the decision up with and approval from the Supt. of Public Works, to raise or lower the on-street parking rates as needed, no more than every 30 days. Mayor Myrick stated that the public will need someplace to appeal this decision so the Board of Public Works would be that authority. The big difference would be that then he and Director of Parking Nagy would be seen by the public as the ones responsible for making the decision. However, the Board of Public Works should be the place for them to make an appeal since they are separate from himself and the Director of Parking. Therefore, the public will blame them for the rate increase and not the Board of Public Works. Having at least a body at first, that they can appeal to is good politics. If after six months there are no complaints, then take the last step to give the authority to the Director of Parking - especially since the Board meets every 2 weeks. Commissioner Warden agreed; this should be given an opportunity to see how it works, and let the Board hear all the complaints, and then it will know how the public has responded to the change. Commissioner Darling stated that the Board can explain to those making appeals by asking them what the cost of finding a parking space is worth to them. If they’re spending 45 minutes to look for a space, doesn’t it make sense to park in a garage? After a while the Board will identify premium spaces and then determine what the rates should be, but it will take a while. Mayor Myrick asked Board members if they would like to vote on this item at the next Board of Public Works meeting on November 28; and whether they support the new proposed clause #9. Commissioner Darling stated that he is comfortable with giving the Director of Parking the authority to raise and lower the on-street parking rates with the Mayor and Supt. of Public Works approval, and having the Board of Public Works as the appeal board for complaints. Mayor Myrick noted that sometimes an 85% occupancy rate may lower rates. Board members agreed that they do want to encourage increased use of the parking garages. The Board agreed to vote on this item at their November 28, 2016 meeting, after the insertion of “consent of the Mayor and Superintendent of Public Works” after the words “The Director of Parking is authorized, subject to…..and to have this authority run for one year as a trial period, at which time it will be evaluated by the Board of Public Works whether or not to grant the full authority to the Director of Parking in the future. Board of Public Works Meeting Minutes November 14, 2016 9 Water & Sewer: 2017 Water and Sewer Rates – Resolution By Commissioner Darling: Seconded by Commissioner Greene WHEREAS, in accordance with the City Charter, the Board of Public Works has the authority to set water and sewer rates; and WHEREAS, staff has provided water and sewer usage projections for 2017; now, therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2017, and the rates are effective until changed: Basic Rates (per 100 cubic feet): Existing 2016 2017 Water $6.01 $6.43 Sewer $5.69 $5.80 Minimum Billing (per quarter year) METER SIZE CU FT ALLOWED WATER SEWER TOTAL Small 1,200 $77.16 $69.60 $146.76 1" 3,200 $205.76 $185.60 $391.36 1.5" 5,500 $353.65 $319.00 $672.65 2" 11,200 $720.16 $649.60 $1,369.76 3" 16,000 $1,028.80 $928.00 $1,956.80 4" 24,100 $1,549.63 $1,397.80 $2,947.43 6" 42,100 $2,707.03 $2,441.80 $5,148.83 Other Services Unmetered sprinkler service: $12 per inch diameter per quarter Metered water for circuses, carnivals cont ractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter. Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons. Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event. Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance. Replacement of frosted or damaged residential meter: During business hours – cost of the meter plus $50 After hours without a call-in – cost of the meter plus $125 After hours with a call-in – cost of the meter plus $220 Replace damaged AMR meter head, caused by owner/occupant negligence: cost of new meter plus $60. Special meter reading with corresponding bill: $45 per special read. Board of Public Works Meeting Minutes November 14, 2016 10 Data Logs: the first obtai nable data log is free, delivered electronically in a PDF format. Paper copies will be printed upon request at the cost of duplication. All additional data logs shall be charged at $45 each delivered electronically. If a City issue is found as a result of a data log, there shall be no charge. All other special services: To be billed at cost (including overhead) with supporting bill documentation. Carried Unanimously 312 Fourth Street Discolored Water Refund – Resolution By Commissioner Jenkins: Seconded by Commissioner McCormick WHEREAS, during the time frame from late-June through mid-August 2016 there were at least four days when the water supplied from the City of Ithaca’s production and distribution systems to the Ithaca Ice Company at 312 Fourth Street was extremely discolored, resulting in an unusable ice product along with additional equipment cleaning and maintenance issues; and WHEREAS, the Ithaca Ice Company has process filtration and settling equipment designed to address periodic water quality issues typical of a century old distribution system, however the dissolved colors imparted to the water on occasions this summer were more like a dark tea which cannot be addressed by any filtration system; and WHEREAS, the discolored water supplied and subsequently the discolored ice produced resulted in the need for Ithaca Ice to purchase additional ice from a third party as well as perform additional cleaning and maintenance of their equipment, etc.; and WHEREAS, as directed by the BPW the Assistant Superintendent for the City of Ithaca DPW Water & Sewer Division along with Engineering and Meter Technician Staff met with Henry Newman Owner of Ithaca Ice on September 29, 2016 to review the costs his business incurred associated with the discolored water as outlined in Mr. Newman’s letter of September 14, 2016, presented to the Board of Public Works for discussion on September 26, 2016; and WHEREAS, upon review by Department of Public Works Staff, Mr. Newman’s estimate of $2,030 in costs to his business associated with the discolored water was found quite reasonable and more likely than not lower than actual costs; now, therefore be it RESOLVED, That the $2,030 in costs to the Ithaca Ice Company be refunded by a credit of $2,030 applied to the Ithaca Ice Company’s City of Ithaca Water Account, Account Number: 391300001. A brief discussion followed on the floor regarding a recommendation from the City Attorney suggesting that this request be handled through the City’s normal process of filing claims against the City. Asst. Supt. Whitney explained that this owner did not use more water than usual, the water had to be thrown out because of the quality of the product. Everyone else used the product. This is an unusual situation. Commissioner Darling noted that if this request is done through the typical notice of claim procedure for the City of Ithaca, that it may be denied. The insurance company is going to say this argument is not enough. Board of Public Works Meeting Minutes November 14, 2016 11 Mayor Myrick stated that he sees two options to consider, one is to have it go through the usual notice of claim process or make a policy level decision to refund all similar requests in the same way. In this case, we are refunding in a similar way as in the past, so he is comfortable sticking with the resolution as is because it’s been Board policy already. Commissioner Warden stated that the owner is very thankful for the Board’s consideration. When they had to buy ice, it was sold at an economic loss to the business. This is a unique case, and the amount is a pittance compared to the actual total loss, but the owner is very grateful for this proposal from the City even though it doesn’t compensate him completely for his loss. Commissioner Darling questioned whether the resolution should include language to say this is a unique situation or that it’s a policy that the Board has approved this type of request in the past. Mayor Myrick responded that the explanation provided in the resolution is sufficient, and that the Board would not be guilty of setting precedence in this case. Commissioner Warden noted that this is not a timely response by the City since it relates to crediting future water bills. The Board could hold off on a vote without hardship to owner if it had concerns they wanted addressed. Commissioner Darling responded that if the Board held off on making a decision, would the Board reach a different conclusion. He doesn’t believe so; this request was given the Board’s due diligence, and he is comfortable voting on the resolution today. Commissioner Warden noted that the customers of Ithaca Ice wanted ice, the owner delivered by going out of town to get it, paying a premium price for it and then selling it at a loss to himself. Board members expressed their comfort with voting on this resolution today. A Vote on the Resolution Resulted as Follows: Carried Unanimously 201 West Clinton Street Water Service Installation Billing Adjustment - Resolution By Commissioner Darling: Seconded by Commissioner Marshall WHEREAS, on September 21-22, 2015 the Water and Sewer Division of the City of Ithaca DPW replaced the water and sewer services at the request of the Owner of 201 East Clinton Street noting to them prior to that the time that there would not be costs associated with street restoration with the resurfacing of Clinton Street being previously scheduled to happen within the month; and WHEREAS, an $800.00 charge for the street patch was included on the bill; now, therefore be it RESOLVED, That the $800.00 charge for street patch be removed and the total bill be reduced by $800.00 plus a further reduction of the bill by the portion of interest and penalty attributable to $800.00 of the bill through August 9, 2016. And, no interest or penalty be applied to the balance from August 9, 2016 to 30-days after BPW resolution regarding account. Adjustment to be applied to City of Ithaca billing (invoice #18705) for the installation of the new water and sewer services in the street. Carried Unanimously Board of Public Works Meeting Minutes November 14, 2016 12 Mayor Myrick left the meeting at 5:52 p.m., and Vice Chair Jenkins assumed the role of Chair for the rest of the meeting. Discussion Items: Request for Reserved Parking Spaces in Green Street Parking Garage from Miller Mayer, LLP: Director of Parking Nagy explained that the law office of Miller Mayer LLP has requested exclusive use of 2 parking spaces in the Green Street Parking garage adjacent to the entrance to their office. The spaces would be reserved for exclusive use for their clients between the hours of 9 a.m. and 5 p.m. Monday-Friday. They will develop their own ID tag that clients can use when they park in those spaces. They will also pay $150.00 per month for each space. He also noted that this is the first time a request like this has been submitted to the City. He further stated that staff don’t like the concept of parking spaces being individualized like was done for the Hilton Hotel in the Seneca Street Parking garage. Commissioner Greene asked why they needed exclusive use of two parking spaces in the garage for their clients. Director of Parking Nagy responded that they have some elderly clients and they wanted to accommodate them. This particular area of the garage usually gets parked up first, and one of the two parking spaces is an accessible parking space. In the future, the City plans to provide additional accessible parking spaces in the garage; however, Miller Mayor will run into parking space issues if someone with a handicapped parking permit parks in that accessible space because then it won’t be available for use by their clients. He further noted, that already the elderly who park in the garage find it hard to walk from the other available accessible spaces to their destination. He stated that Miller Mayer would monitor the spots and provide their own identification for clients to use when in those parking spaces. Director of Parking Nagy explained that after 5 pm Monday through Friday that hotel and restaurant visitors can park in those spaces because the signage will indicate when parking is allowed. He also noted that Miller Mayer wrote the agreement (which is attached to the minutes), and the City Attorney will need to review it; they will most likely re-write it. His suggestion is to have the Board tell him to take this request and agreement to the City Attorney to review, and then come back in two weeks for a vote; or, the Board can decide that they do not want to agree to the request and that they don’t support it, which is what staff would support. Board members expressed their support for the request dependent upon good signage and payment of the full market rate for the parking spaces. Commissioner Darling stated that they are going to pay premium price for each space, and he thinks the suggested price is a good rate. It is also Miller Mayer’s responsibility to let the City know if someone is parked in the space that shouldn't be. In addition, if someone takes the accessible parking space that is not one of their clients then they have to deal with it. Director of Parking Nagy further noted that the person who is parking in the reserved space will still pay the going rate to park in the garage; Miller Mayor is just paying extra to reserve the two spaces for their clients near their office. Board of Public Works Meeting Minutes November 14, 2016 13 Commissioner Warden stated that, in the past, for some things the Board has agreed to requests with the caveat that the approval is for a trial period only to see how things go. Should the Board agree to this but request that it be for a trial period of maybe one year and then re-evaluate. Board members expressed their support for that suggestion. Director of Parking Nagy stated that staff would need to revisit this agreement anyway next year since it would be an annual license agreement. It will also need to be on next years’ parking rate sheet to remind the Board that it needs to be reconsidered or to kick it off the list. Commissioner Greene asked whether there are enough or do more accessible parking spaces need to be added in the Green Street Parking garage. Director of Parking Nagy responded that the City is meeting New York State’s requirement as far as the number of accessible spaces in the garage are concerned. There will be some sort of reconfiguration with the Green Street Parking garage next year and there may be discussions about adding additional accessible spaces in the garage. The Board expressed their support for the request and the need for the City Attorney to review the license agreement prior to their voting on it. Proposed Sign from Ithaca Children’s Garden: The Ithaca Children’s Garden has submitted a request for new sign as outlined below: The Ithaca Children’s Garden (ICG) was recently awarded a Tompkins County Tourism grant to fund this important project and along with funding from a private donor, have all the funds they need to begin construction. The new sign will provide critical recognition of Ithaca Children's Garden, visible to north and southbound traffic on NYS Route 89, and will do so in a way that does not obstruct visibility which was a critical problem of lower-profile designs. The design has been developed by ICG's interpretation committee, chaired by Sarah Fiorello, Interpretations Director of Cornell Botanic Gardens, and staffed by Todd Edmons, Creative Director and Founder of Iron Design and ICG personnel. The interpretation committee rolled out an interpretive master plan which was approved by its umbrella committee, ICG's site committee, which reports to the board. The project has been approved at all levels through its multiple iterations. This project has been a long time in the design and development phase, slowly working through permissions over the course of the last 12 months. We have worked with NYS DOT to identify setbacks and the position of the proposed sign falls within NYSEG jurisdiction; we have worked with NYSEG and the adjusted position reflects compliances with all dimensions and setbacks. As far as we understand, the one remaining permission to be received is that of BPW. We believe the aesthetic character and quality of the materials will reflect well on Ithaca, and they will be working with local suppliers and craftsmen to build the sign. As a cultural institution that draws 54,000+ visitors each year, Ithaca Children's Garden and partners believe that recognition signage is the natural next step to identifying ICG as the destination it has become over the past 17 years. Board of Public Works Meeting Minutes November 14, 2016 14 Given our short season of construction and installation, we aim to build the sign this winter off site and install at first thaw in spring. To do so we need to begin construction in the next 30 days. Supt. Thorne stated that the request was placed on the Board’s agenda for today before he had an opportunity to fully review it. As such, he feels that it is not ready for the Board’s consideration and would suggest that it be brought back to the Board when it has gone through the other required steps. Those include: submitting an application to the Building Department for a sign permit, it is most likely that due to the size/location of the sign that it will require a zoning variance, and the Parks Commission will need to review the request because they are currently working on a policy/procedure for signs in city parks, as well as wayfinding signs in general around the city. Therefore, the first step for the Children's Garden would be to reach out to the Building Department to discuss how to obtain a sign permit, and then follow-up with the Supt. of Public Works office for additional direction. A brief discussion followed on the floor with Board members expressing concerns about another banner type sign in a park, the current problem of inconsistent signage in city parks, and the fact that this is a pretty significant investment by the Children’s Garden and provides little in the way of creating some consistency with that which may be warranted in the future as far as signage requirements. It is also 17’ tall, and the only sign of this size in the waterfront area. Allen H. Treman State Park doesn’t even have a sign this big; the sign might be too much, and they should not proceed at this time with it, until a policy for signage in city parks is discussed and approved. The goal of the City in the waterfront area is to have way finding signs from one location to another that have a consistent size, type, color, etc. Commissioner Darling, who is also the liaison to the Planning and Development Board noted that he would let them know about this request, and whether this process is the correct one to follow. Request to Install Telecommunication Conduit within the Commons Telecommunication System Space - Proposed Resolution WHEREAS, as part of the Commons Project, the City installed a comprehensive structure to facilitate installation of telecommunications equipment by multiple providers; and WHEREAS, Ithaca Renting Company (hereafter, “Applicant”) has submitted a request to occupy conduit space in the new telecommunication conduit system installed as part of the Commons rebuild project; and WHEREAS, Applicant has requested permission to place fiber optic cable and associated splice cases within the Commons telecom space as shown in the diagram attached here as Exhibit A; and WHEREAS, City staff is supportive of this use of the Commons’ telecom system space and on October 26, 2015, the Board of Public of Works set a base license fee schedule; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; now, therefore be it RESOLVED, That the Board of Public Works hereby grants Applicant permission to install fiber optic cable and associated splice cases subject to the following: Board of Public Works Meeting Minutes November 14, 2016 15 1) Applicant shall provide bonding or other sufficient security in an amount that the Superintendent deems appropriate to compensate the City for damage to its property during the course of installation and in the event the City must effect removal of the equipment 2) Applicant shall submit its final installation plan for Superintendent of Public Works’ prior to installation 3) Applicant agrees to, and shall execute an agreement with the City for continued use of the telecom system space as authorized by Board of Public Works. Supt. Thorne reported that when the Commons was re-built, the City built a whole underground telecommunications infrastructure so property owners could run their own lines through them with a license agreement from the City. Last year, the first request came to the Board to establish the rate to be charged to licensees (.48/sf). He asked the City Attorney’s office, when he received the request, whether the Board had to approve Ithaca Renting Company’s request for use since the rates had already been established. He was informed that since it is a license agreement with a new client that it should come to the Board for approval. Alternately, if it were a change to an existing license and client then it wouldn’t have to. He is happy that people are beginning to use the conduits because a shared conduit rate is cheaper. He further reported that the City is doing the same thing in Collegetown by installing all the utilities underground to get rid of the overhead lines. Ithaca Renting Company will want to do the same thing in Collegetown. The Board supported the request and requested that this item be placed on the November 28, 2016 agenda for approval. New Business: Departure of Fellow Board of Public Works Commissioner - William Goldsmith - Resolution By Commissioner Darling: Seconded by Commissioner Jenkins WHEREAS, William (Bill) Goldsmith was appointed to the Board of Public Works (BPW) in 2010 and served as a commissioner on and off since that time; and WHEREAS, William (Bill) Goldsmith brought a high level of integrity, fairness, and innovative thinking to his work with the BPW, other City of Ithaca boards and agencies, and the public at large. He brought both expertise and rational thinking to BPW matters in a manner that was respected universally by his colleagues; and WHEREAS, William (Bill) Goldsmith adamantly adhered to a rule of procedures that required all BPW resolutions required two meetings for approval; now, therefore be it RESOLVED, That the Board of Public Works hereby states that “two meeting resolution discussion rule” be renamed the “Goldsmith Rule” and be recognized by board members and staff as such; and, be it further RESOLVED, That the Board of Public Works hereby thanks William (Bill) Goldsmith for his leadership, insight, creativity, and many selfless hours dedicated to public issues during his years on the BPW. We will miss his presence on BPW and wish him the best of luck in his future endeavors. Board of Public Works Meeting Minutes November 14, 2016 16 Supt. Thorne expressed concern about this rule being in writing because of the timing of some of the items that the Board needs to vote on. Mayor Myrick responded that if the Board does not follow this rule, then it will need to pass a resolution to not adhere to the rule for particular items, then vote on the items. A Vote on the Resolution Resulted As Follows: Carried Unanimously Upcoming Meeting Schedule for the Board: The next meeting of the Board of Public Works will be Monday, November 28th. There will only be one meeting in December, which will be held on Monday, December 12th. Adjournment: On a motion the meeting adjourned 6:15 p.m. ________________________________ ________________________________ Sarah L. Myers Svante L. Myrick, Information Management Specialist Mayor