HomeMy WebLinkAbout08-21-18 Board of Public Works Meeting AgendaBPW Meeting
Board of Public Works
Topic
1. Call to Order/Agenda Revie
2. Mayor's Communications
AGENDA ITEMS
Voting?
No
No
3. Communications and Hearings from Persons No
Before the Board
4. Response to the Public
5. Reports
A. Special Committees of the Board
B. Council Liaison
C. Board Liaisons
D. Superintendent and Staff
6. New Presentations
7. Administration & Communications
8. Buildings, Properties, Refuse & Transit
A. Resolution to Name GIAC's Wading Pool in Honor
of William "Max" Maxwell
DATE: August 21, 2018
TIME: 6:00 pm
LOCATION: 3rd Floor,
City Hall, Council Chambers
108 E. Green St., Ithaca
Time
Presenters) Allowed
Mayor Myrick
Mayor Myrick
Public 5 min.
No Commissioners
No Various 15 min.
Yes Dir. of Eng. Logue 5 min.
Leslyn McBean-Clairborne has submitted a request to name the new wading pool at GIAC after
William Maxwell.
9. Highways, Streets & Sidewalks
A. Request of Maria Pirro Revocable Trust Regarding No Dir. of Eng. Logue 15 min.
Curb Cuts at 1006 West Seneca Street
The owner of the property is requesting that two driveway aprons be maintained at this property,
rather than the removal of one apron and the installation of curbing during the West Martin
Luther King Jr. Street Project.
B. Complaint and Information Letter about a Food No
Truck from Yassine Yajid, owner of Sweet Spot
A new restaurant has opened on Eddy Street in Collegetown across from the approved Food
Truck vending location at the corner of Dryden Road and Eddy Street. The restaurant owner
asked that the food truck move.
C. Bike Corrals in City Parking Spaces No Dir. of Eng. Logue 20 min.
The community has submitted numerous complaints since the bike corrals were installed in
Collegetown, resulting in the removal of the corrals. Further discussion is necessary.
D. Updated 2019 Sidewalk Improvement District Dir. of Eng. Logue 10 min.
Work Plan
The work plan for 2019 has been updated in response to resident input since the last Board
meeting.
10. Parking & Traffic
10 min.
If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at
607-274-6570 at least 48 hours before the meeting.
The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment
period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The
Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may
then be used to create committee agendas, with the speaker or author invited to attend.
Time
Topic Voting? Presenter(s) Allowed
1
2
Creeks, Bridges & Parks
A. FYI Letter from PRNR Commission about No
Wharton Studio Museum Project
The Parks, Recreation & Natural Resources Commission fr
Board's information regarding the proposal for the museum
information only.
ter & Sewer
A. __Denial of Appeal o
- Resolution
Per the Board's request, a
appeal.
a
Water Bill for 228 Wood Street Yes
esolution will be provided at the
B. Appeal of Sewer Use Billing for GreenStar Co-op
at 700 West Buffalo Street
The owner of GreenStar Co-op is objecting to the sewer charges that had been omitted fr
water and sewer bills since 2014.
2 min.
arded a memo of support for the
from Diane Reisman. This is
Asst. Supt. Whitney
eeting denying the water bill
n,
Asst. Supt. Whitney 15 rein.
New Business
14. Adjournment Yes
Date: August 16, 2018
Page 2 of 4
the
8A. Resolution to Name GIAC's Wadin Pool in Honor o illia
x" Maxwell
HEREAS, GIAC is in the process of reconstructing its ading pool to expand capacity from
10 bathers to at least 25 bathers; and
WHEREAS, the expansion of this pool has been a vision of William ``"Max" ell; and
WHEREAS, as pool supervisor for over 10 years, Max saw and reported to GIAC
Administration that the size of the wading pool was woefully inadequate to serve the needs o
the community and that it was not handicap accessible; and
WHEREAS, the GIAC Administration finally responded to Max's (and the community's)
concern and sought funding to expand the wading pool and make it ADA compliant; and
WHEREAS, Max's commitment to meeting this need resulted in him donating approxi ate
25% of the cost for reconstructing the wading pool; and
WHEREAS, it is because of Max's generosity that GIAC is able to afford to expand the pool
including him donating additional funding when the construction bids came in $200,000 over
budget; and
WHEREAS, GIAC Staff are profoundly grateful to Max for his commitment to GIAC, the
families we serve, and especially the GIAC pools; and
WHEREAS, GIAC Staff and Administration feel that one small way of thanking ax for his
generosity is to name the wading pool after him; now therefore be it
RESOLVED, That GIAC Staff and Administration respectfully request that the Board of Public
Works and City Council grant us permission to name the newly constructed GIAC wading pool,
a`MAX's Wading Pool;" and be it further
RESOLVED, That upon approval a visible plaque bearing the name "Max's Wading Pool," will
be mounted in the wading pool area in an appropriately safe and public spot.
Page of
haea.legal
as, ithaca.leal
MAINES R ELLE.
FIRM
PLLC
LICENSED IN NEW YORK & FLORIDA
109 EAST SENECA STREET #206
ITHACA, NEW YORK 14850
PHONE: (607)279-1775
FAX: (888) 876-6608
AUGUST 10,2018
Michael J. Thorne, P.E.
Department of Public Works
108 East Green Street
Ithaca, NY 14850
Maria Pirro Revocable Trust
1006 West Seneca Street
SBL #58.-1-4
Dear Mr. Thorne:
I represent the owner of the above -referenced property. We are requesting to be placed on
the agenda for the August 21, 2018 meeting. The agenda item would be the owner's objection to
the placement of curbing on the property, and a request that the Board consider removal of the
curbing.
I have spoken with Krin Flaherty of the City Attorney's Office. The matter is in litigation,
but I have suggested that the lawsuit be stayed until after the hearing date (this assumes that we
can be heard on the 21').
CC:
Krin Flaherty, Esq.
Sincerely,
Russell
Digitallysignedby
• Russell E. Maines
Date:.2018.08.10
125214-04'00°
Russell E. Maines
haca.iega
zss; ibaca.le a1
MAINESA
R Frac E. �rz,
FIR!.LICENSED IN NEW YORK & FLORIDA
M 109 EAST SENECASTREET #206
LLC ITHACA, NEW YORK 14850
PHONE: (607)279-1775
FAX: (888) 876-6608
AUGUST 15, 2018
City of Ithaca Board of Public Works
Department of Public Works
108 East Green Street
Ithaca, NY 14850
Board of Public Works Hearing of 8/21/18
Request of Maria Pirro Revocable Trust Regarding Curb Cuts
1006 West Seneca Street
SBL #58.-1-4
Dear City of Ithaca Board of Public Works:
I represent the Maria Pirro Revocable Trust, the owner of the commercial property at 1006
West Seneca Street on the west end. We are requesting that the owner be permitted to preserve the
apron along West State Street that has been at the property since long before the family purchased
it in 1984. We are requesting to address the Board at its August 21, 2018 hearing. 1 anticipate that
two members of the Pirro family will be joining me.
The property has had two aprons: one along West State Street, and another along the West
Seneca Street cul-de-sac. The West State Street apron adds significant value to the property
because State Street is a major thoroughfare. Additionally, the removal of the West State Street
apron creates difficulties for large delivery vehicles that have historically served the property.
We understand that owners of other nearby properties have been petKnitted to keep their
curb cuts. For example, the Lee Newhart insurance agency next door to the Pirro property has
been permitted to keep its State Street curb cut. The Dandy market and gas station across the street
(formerly known as Pete's) has been allowed to keep two means of ingress and egress along West
State Street and West Buffalo Street respectively. We are simply asking to be given the s e
treatment that the neighbors have received.
Apparently the Trust as denied this opportunity because of an error. The City approached
a former tenant of the property (a pizza shop), rather than the Trust, to discuss the proposed curb
cuts. The Trust was not informed. The trustee only learned about the removal of the curb cuts by
happenstance earlier this month, when the decision had already been made to remove them.
Unfortunately, the City's contractors installed the curbs after they and the City had been informed
of our objections.
The Trust is willingto abide by reasonable limitations. A' far narrower curb cut than the
one that had existed before would be acceptable. The access could be one-way,' for ingress only
as opposed to ingress and egress. The Trust also would be willing to pay the material costs to
restore a curb cut.
Thank you for the opportunity to discuss these afters.
Sincerely,
SS ll Qigitallysignedby
• Russell E. Maines
1 S Pate:2018.08.15
09:38:51 -04°00'
Russell E. Maines
Ithaca August 13, 2018
Yassine YAJID
SWEET SPOT
420 EDDY STREET
ITHACA NY 14850
(607) 339-2050
Superintendent of Public orks
Board of Public Works
City of Ithaca
Object: Complaint and info r ' a
Dear Superintendent,
on Tette
about a food truck (DOS A IGOS
Yasine Yajid, intend by the present to inform you that operate a new business called S EET
SPOT and located at 420 Eddy Street, ITHACA NY 14850 (College Town). This business
operates every day until 2 a
And I want to bring to your attention that there is a food truck Called DOS AMIGOS cross the
street that is less than 200 Feet of our location. And that, DOS AMIGOS food truck is taking a
lot of potential business from us especially late night.
And According to the Street Food Vending Policy City of Ithaca Board of Public Works, chapte
VII, paragraph E-4
............an the event that a restaurant moves into a building within 200 feet of an existing
vending location, that location may be moved in accordance with this policy as soon as the
next month and at the discretion of the Board of Public Works.
Dear Super ntendent, I hope you take in consideration my letter and also hope and expect you
o take the necessary measures to protect my investment. Please feel free to contact me o
any further information.
My sincere considerations.
Signed: Yassine Yajid
All propane piping and fittings shall be maintained in accordance with the Mechanical &
Fuel Gas Code of New York State.
2. All propane tanks are required to be secured from tampering, damage or upset. All hoses
and plumbing between the tank and appliance is required to be protected from being
damaged or disrupted and not located in the public way.
Cooking and heating equipment shall not be located within five (5) feet of LPG Tanks.
4. Outdoor cooking that produces sparks or grease -laden vapors shall not be performed
within five (5) feet of a canopy used for cooking.
. Minimum one (1) fire extinguisher 10-B rated, K extinguisher for cooking with vegetable
oil.
6 Fire Treatment Certification or Label required (NFPA 701, ASTM E84, or CPAI 84) for
all tents, canopies, and membrane structures used for cooking with LPG. Ground covers
under cooking equipment shall be fire resistant, or treated with a fire retardant.
7. Eight (8) feet shall separate cooking trucks using LPG from other buildings
8. Twenty (20) feet shall separate cooking trucks using LPG from other non -cooking trucks
or membrane structures.
9. Food trucks can be only grouped with maximum aggregate size of 400 square feet, with
like uses. (Non -cooking with non -cooking or cooking with cooking) Six (6) foot fire
breaks between every 400 square feet of grouped trucks.
10. Fourteen (14) -foot fire lane shall be maintained at all times.
VII. Operations
A. Vendor Responsibilities
Vendors receiving penults shall:
Comply with all applicable laws, ordinances, and regulations ;
2. Properly remove or dispose of all litter and trash created by the vendor's activities and
within the vendor's location;
. Refrain Yom operating their food truck after the permit expires and when the permit is
suspended or revoked;
4. Surrender their permit promptly upon its revocation, suspension, or other termination;
5. Display a copy of their New York State Sales Tax Certificate on their food truck;
6. ` Defend, indemnify, save and hold harmless the City of Ithaca from any and all claims
arising from the vendor's use of Ithaca City streets and property and shall be so duly
insured in the minimum amount of $1,000,000 naming the City as additional insured; an
7 The Vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of actual
or perceived: age, creed, color, disability, domestic violence victim status, ethnicity,
familial status, gender, gender identity or expression, height, weight, immigration or
citizenship status, marital status, military' status, national origin, predisposing genetic
characteristics, race; religion, sexual orientation, or socioeconomic status.
5 Pag
All vendors/permit holders shall cooperate with City of Ithaca and Tompkins County
Department of Health employees.
B. Rules of Operation
. Street Vending Permits are for Food Trucks or Trailers only in parking spaces designated
by the Board of Public Works.Tents and separate grills are not allowed to be used for
vending on City streets.
2
Vending sites are 30 foot long (25 feet long parking lane plus 5 foot buffer) by 10 feet
wide (8 feet wide parking lane plus 2 feet of tree lawn or right of way) and vendors are
required to keep all of their equipment within their assigned site.
Vendors shall not block or inhibit pedestrian traffic flow nor allow emergency vehicular
traffic to be impeded because of vending operations.
4. Food trucks must be attended at all times.
Vendors set up in locations other than an approved vending site will be subject to two
warnings with fines, and then revocation of their street vending permit without refund of
fees.
6. No overnight parking (2`.00 - 6:00 a.m.) allowed unless otherwise noted on permit.
7. Smoke and/or odors must be vented, filtered or disposed of in a manner so as to
reasonably prevent the release of offensive smoke and/or odor into the surrounding
environment.
Vendors are responsible for trash and waste disposal. No dumping is allowed in City
trash cans, grates, storm sewers, grass or other areas.
Vendors shall keep public spaces within a 25 foot radius of their truck clean and free of
refuse generated from the operation of their food truck.
10. Vendors shall keep repetitive noise, music or amplified sound within the 25 foot radius o
their food truck within the noise limits established by City rules, laws or guidelines.
11. The City reserves the right to move vendors without advance notice for necessary
maintenance and repairs on City streets.
12. The City does not provide water, sewer, or electric service to street vendors.
13. Applicant shall indemnify the City of Ithaca and hold it harmless with regard to any and
all claims arising from the operation of the site by the food vendor as herein
contemplated and permitted.
14. Transfer or sale of any current vending permit is prohibited without written authorization
from the Superintendent of Public.Works.
C. Hours of Operation
1 ' Breakfast-6:30a.m. to 10:00 a.m.
2 Lunch —10:00 a.m. to 4:00 p.m.
Dinner 4:00 p.m. to 9:00 p.m.
4. Late Night- 10:00 p.m. to 2:00 a.m.
6IPgo
Setup may begin no more than 30 minutes prior to operating; take down/cleanup may
extend no more than 30 minutes after closing.
D. Vending Zones
Residential sites are for Lunch and Dinner times only. Vending hours are generally
10:00 a.m. to 10:00 p.m. daily. No vending may occur after 10:00 p.m.
2. Business/Commercial sites may utilized for Breakfast, Lunch, Dinner and Late Night
times. No vending may occur after 2:00 a.m. Parking in vending zones is prohibited
from 2:00 - 6:00 a.m.
E. Designated Vending Locations
1. Vending locations shall be authorized by the Board of Public Works. The Board may
consider comments from the Parks Commission, city staff and the public.
2 Vending locations shall be postedwith appropriate parking regulation signs that indicate
the days, times and limitations for parking. Vending locations will be posted as tow
away zones in order to assure permittee's use of the site.
On -street vending locations will be multiples of 25 linear feet of curbline parking.
Vending locations will include an additional 5 foot space located between each vending
space.
4. ` Each vending location' will be evaluated annually. In the event that a restaurant moves
into a building within 200 feet of an existing vending location, that location may be
moved in accordance with this policy as soon as the next month and at the discretion of
the Board of Public Works.
F. Guidelines for New Vending Locations
1. New vending locations may be submitted to the Superintendent of Public Works for
consideration by the Board of Public Works. Proposals for additional vending sites must
be submitted in writing with a specific description of the site, a drawing showing the
nearest intersecting streets and neighboring occupancies (businesses, parks or
residences). If approved by Board resolution, a new vending site will be included in the
list of authorized vending locations.
2. Vendors may not set up any closerthan 200 linear feet from the nearest brick -and -mortar
restaurant, or 100 linear feet from any public or private school (measured from nearest
entrance point), unless authorized by the Board of Public Works.
Food trucks may not be located any closer to the intersection than the "No Standing Here
to Corner" sign. This may be modified according to line of sight, traffic patterns, and
evaluation by the City Traffic Engineer.
VIII. Permitting
Location Assignments
1 Vending locations will be available for up to twelve months. Vending will begin on the
first of the month following application approval, in accordance with IILA.4. above.
2. Vending locations will be assigned on a first come, first served basis.
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To:
Michael Thorne, Superintendent of Public Works and Board of Public Works
From: ' Monika Roth, Chair, Parks, Recreation and Natural Resources Commission
Date: July 9, 2018
RE: Wharton Studio Building in Stewart Park
Diana Riesman, Executive Director of the Wharton Studio Museum project, met with our Commission on
Monday, June 11, 2018 to present the new planning and design study for the museum. Additionally, we
had the opportunity to review the proposed plan document which provided a thorough overview of the
project.
The PRNR Commission members voted in unanimous support of the proposed museum development
plan. We feel that it met the needs of all parties including the space and storage needs of the Public
Works Department, storage needs of the Youth Bureau (addition at the back of the Picnic Pavilion), and
at the same time creates a new attractive space to house the Museum and Park Visitor Center.
It is great to preserve and promote the historic buildings in Stewart Park and provide today's visitors
with a glimpse into the past:
We urge the members of the Board of Public Works to support the development of this project as a
connection to the past and a means of enhancing visitor experiences at Stewart Park.
Vote taken at our meeting: Motion by Ellen Leventry, second by Thomas Shelley, to write a memo in
support of the Wharton Studio Museum Project. All in favor.
Commissioners Present June 11, 2018
Monika Roth, Chair
Michelle Berry, Vice Chair
Dan Hoffman
Ellen Leventry
Thomas Shelley
Tyler Moeller
cc: Megan Wilson, Planning Dept.
2A. Denial
ea! oor 22 ood S
cooperativewireenSta
t
April 18, 2018
Michael Thorne
Superintendent of Public Works
Mayor Svante Myrick
Chair, Board of Public Works
City of Ithaca
108 E. Green St.
Ithaca, NY 14850
Re: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
RECEIVED
Dept. oG Pubrrc Works
APR 2 3 2E8
Office of the Superintendent
and Engineering Division
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W.
Buffalo St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted
from all such billings since 2014, due to an error made by the City of Ithaca, and that payment for
cumulative, omitted amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have
created substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable
for the annual budget adopted by the Board of Directors, and an unanticipated expense of this
magnitude, in one quarter, jeopardizes compliance with the budget. Moreover, GreenStar is subject to
strict conditions of financial performance per the terms of its largest outstanding loan, and this
obligation could likewise imperil that compliance. Because of these issues, and in pursuit of fairness,
GreenStar seeks to appeal certain aspects of this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite
substantial, we ask for the amounts due in earlier years to be forgiven. We believe the amount due for
2017 onward, $11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be
owed, ideally over the next 12 months — as opposed to a single, immediate payment. We were informed
by City staff that if we were to seek this option, late penalties would accrue, and the Co-op would be
responsible for those penalties. Since this billing error was not our fault, and continued over the course
of four years, a demand for instant correction and penalties for non -timeliness appear unreasonable. We
request that any associated penalties be waived, as long as payments are made in compliance with a
more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total
annual amnunt .cou|d be material. As it happens, our annual audit is being completed this week, and we
have submitted documentation to our accountant . However, we will not be making any adjustments to
our books until the end of May. We would like to start payment after that time.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Finance Director
GreenStar Cooperative Market
701 W. Buffalo St.
Ithaca, NY 14580
eamoqWgreenstarcl912
Kathy Servoss
From: Kathy Servoss
Sent: Wednesday, July 11, 2018 4:29 PM
To: Erik Whitney; Michaei Thorne
Subject: RE: GreenStar Appeal
Categories: BPW
Hi Erik,
Thanks for the information, but the owner of Greenstar asked that it be heid until the August BPW meeting because he
Kathyis out of town next week,
From: Erik Whitney
Sent: Wednesday, July 11, 2018 3:47 PM
To: Michael Thorne <MThorne@cityofithaca.org>
Cc: Kathy Servoss <KServoss@cityofithaca.org>
Subject: GreenStarAppeal
Mike & Kathy,
Attached all correspondence 1 could find re Greenstar sewer bill appeal.
erik
z
Greenstar Sewer
]oy|
Greenstar Sewer
Carol Howard
smnt:pnda»April 06,2oz8 12:50 PM
To: Erik Whitney; Deborah Whitney
Hello
This is jusa heads up for now.
Friday I spoke to Eric in the finance office at Greenstar regarding the large bill that was done on 3/23. ldon't think
they will contest it thru BPW, he just wanted to know how this happened, and verify that is a valid charge. [ sent him
copies all the bills on this account since 2014, so he could see that there were no sewer charges billed.
I talked to him about the possibility of an installment plan with no late fees. l am hoping this is something we can
agree to do. The only part I am not sure of is the length of time we can extend it out.
He will be calling back later next week after he reviews everything, so l would like to have an answer for him then.
Talk to you next week.
Carol Howard
Customer Service Supv.
Office of the Chamberlairi
607'274'6430
Any taxbill or assessment amountincluded in this e-mail are for informational purposes, and should not be relied upon
as a search for unpaid taxes or liens.
7/11/2018.321PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy Servoss
Sent:Wednesday, June 13, 2018 2:44 PM
To: Erik Whitney; Deborah Whitney
Cc: Scott Gibson
Hello,
This is just a friendly reminder about this water bill appeal. It will probably have to wait until the July meeting at this
point, but I don't want it to fall through any cracks.
Thanks,
- Kathy
From: Kathy Servoss
Sent: Wednesday, May 09, 2018 11:54 AM
To: Erik Whitney <EWhitney@cityofithaca.org>; Deborah Whitney <dwhitney@cityofithaca.org>
Cc: Scott Gibson <SGibson@cityofithaca.org>
Subject: RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Thanks Erik. It'll wait until the June meeting. Enjoy your vacation!
Kathy
From: Erik Whitney
Sent: Wednesday, May 09, 2018 11:51 AM
To: Kathy Servoss <KServoss@cityofithaca.org>; Deborah Whitney <DWhitney@cityofithaca.org>
Cc: Scott Gibson <SGibson@cityofithaca.org>
Subject: RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy,
It'II have to wait for the June BPW as i'll be on vacation next week. We can certainly waive any penalty and interest that
would accrue on balance in the interim at the June BPW. In a nut shell they owe the bill for sewer used. Somehow
when the account was set up only water billing was toggled on. Our error in missed billing doesn't change the fact that
the sewer service has been used. Effectively they have had a zero percent interest loan for those years we hadn't billed
the sewer portion. Certainly a payment program could be set up to make cash flow manageable for them. In the case
the bill is adjusted or waived in reality the other rate payers/customers City wide will pay the bill. This is a precedent we
probably don't want set.
Regards,
Erik Whitney, PE
Assistant Superintendent
City of Ithaca DPW
Water & Sewer Division
510 First Street, Ithaca NY 14850
1 of3
7/11/2018. 3:30 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owaRae—ltem&t=IPM.Note&id=RgAAA...
0: (607) 272-1717
C: (607) 280-1041
From: Kathy Servoss
Sent: VVednemday, May 09, 2018 10:44 AM
To: Erik WhitneyDeborah Whitney
Subject: RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Hi Erik,
Were you able to take a look at this appeal?
Kathy
From: Kathy Servoss
Sent: Wednesday, April 18, 2018 3:43 PM
To: Erik Whitney <EWhitneyPcityofithaca.org>; Whitney, Deborah <dwhitnev@citvofithaca.org>
Subject: FW: Error in sewer use billing for GreenStar Co-op (2014-18)
Erik,
Please send something regarding this account (i.e. recommendation).
Deb,
Please pause any penalty charges (if possible) until this appeal is resolved.
Thank you!
- Kathy
From: Erik Amos [mailto:eamos eenstarcoo.]
Sent: Wednesday, April 18, 2018 3:33 PM
To: Michael Thorne <MThorne@cityofithaca.org>; Kathy Servoss <KServoss@citvofithaca.org>;Camille Little
<CLitt|e@0dtyofithaca.orq>; Svante Myrick <mayormvrickcityofithaca.org>; Dan Hoffman
«Dhoffman@greenotaxcnoo>;Brandon Kane <bkane@«neenotarconp>
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 45\49247Ul),the sewer charge portion ofthe quarterly billings had been omitted from all
such billings since 2O/4,due to an error made by the City oflthaca, and that payment for cumulative,omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our ownand this largeunexpected bill have created
substantial hardshipsfor GreenStar, atm��/eve|o. Management of the '
�-�imaccountablefor
the annual
budget adoptetheBoard ��unanticipated
quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this o.|igo1ioonould\ikevviacionpcd}tbui
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
2of3
RE: Error in sewer use billing for GreenStar Co-op (2014-18) ht-tps://mail.cityofithaca.org/owa/?ae—Item&t=IPM.Note&id—RgAAA._
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos I Finance Director J GreenStar Cooperative Market I 607.273.9392 x503
of 3
7/11/2018, 3:30 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy Servoss
Sent: Wednesday, May 09, 2018 11:54 AM
To: Erik Whitney; Deborah Whitney
Cc: Scott Gibson
Categories:Red Category
Thanks Erik. It'II wait until the June meeting. Enjoy your vacation'I
Kathy
From: Erik Whitney
Sent: Wednesday, May 09, 2018 11:51 AM
To: Kathy Servoss <KServoss@cityofithaca.org>; Deborah Whitney <DWhitney@cityofithaca.org>
Cc: Scott Gibson <SGibson@cityofithaca.org>
Subject: RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy,
It'II have to wait for the June BPW as i'll be on vacation next week. We can certainly waive any penalty and interest that
would accrue on balance in the interim at the June BPW. In a nut shell they owe the bill for sewer used. Somehow
when the account was set up only water billing was toggled on. Our error in missed billing doesn't change the fact that
the sewer service has been used. Effectively they have had a zero percent interest loan for those years we hadn't billed
the sewer portion. Certainly a payment program could be set up to make cash flow manageable for them. In the case
the bill is adjusted or waived in reality the other rate payers/customers City wide will pay the bill. This is a precedent we
probably don't want set.
Regards,
Erik Whitney, PE
Assistant Superintendent
City of Ithaca DPW
Water & Sewer Division
510 First Street, Ithaca NY 14850
0: (607) 272-1717
C: (607) 280-1041
From: Kathy Servoss
Sent: Wednesday, May 09, 2018 10:44 AM
To: Erik Whitney; Deborah Whitney
Subject: RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Hi Erik,
Were you able to take a look at this appeal?
Kathy
From: Kathy Servoss
Iof3
7/11/2018. 3:29 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=ltem&t=1PM.Note&id=RgAAA...
tof3
Sent: Wednesday, April 18, 2018 3:43 PM
To: Erik Whitney <EWhitney@cityofithaca.org>; Whitney, Deborah <dwhitney@cityofithaca.org>
Subject: FW: Error in sewer use billing for GreenStar Co-op (2014-18)
Erik,
Please send something regarding this account (i.e. recommendation
Deb,
Please pause any penalty charges (if possible) until this appeal is resolved.
Thank you!
- Kathy
From: Erik Amos [mailto:eamos@greenstar.coop)
Sent: Wednesday, April 18, 2018 3:33 PM
To: Michael Thorne <MThorne@cityofithaca.org>; Kathy Servoss <KServoss@cityofithaca.org>; Camille Little
<CLittle@citvofithaca.org>; Svante Myrick <mayormvrick@cityofithaca.org>; Dan Hoffman
<Dhoffman@greenstar.coop>; Brandon Kane <bkane@greenstar.coop>
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
7/11/201 :29 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=ltem&t—IPM.Note&id—RgAAA...
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos
Finance Director1GreenStar Cooperative Market 1607.273.9392 x503
of 3
7/11/2018. 3:29 PM
RE: Error in seweuse billing for GreenStar Co-op (2014-18) hun»zYmaU id~RgAAA—
RE: Error in sewer use billing for GreenStar Co-op 1�
ErikWhitney
Sent: Wednesday, May 09, 2018 11:50 AM
To: Kathy Servoss; Deborah Whitney
Cc: Scott Gibson
Categories:Red Category
Kathy,
It'll have to wait for the June BPW as i'll be on vacation next week. We can certainly waive any penalty and interest that
would accrue on balance in the interim at the June BPW. In a nut shell they owe d�` bill for sewer used. Somehow
when the account was set up only water billirig was toggled on. Our error in missed billing doesnt change the fact that
the sewer ser -vice has been used. Effectively they have had a zero percent interest loan for those years we hadnt biiled
the nevwarpo�ion.Cedain|yopayment program could beset uphomake cash Onwmanageable for thenn.|nthe case—
the bill is adjusted or waived in reality the other rate payers/customers City wide will pay the bill. This is a precedent we
probably don't want set.
Regards,
Erik Whitney, PE
Assistant
City of lthaca DPW
Water & SeweDivision
510 First Street, Ithaca NYf4850
0: (607) 272-1717
C: (607) 280-1041
From: Kathy Servoss
Sent: WednesdayMay 09, 2018 10:44 AM
To: Erik Whitney; Deborah Whitney
Subject: RE: Error in sewer use billing for GreenStar Co-op (3014'18)
Hi Erik,
Were you able to take a look at this appeal?
- Kathy
From: Kathy Servoss
Sent: Wednesday, April 18, 2018 3:43 PM
To: Erik Whitney <EWhitney@cityofithaca.org>;Whitney, Deborah <dwhitney@cityofithaca.org>
Subject: FW: Error in sewer use billing for GreenStar Co-op (2014-18)
Erik,
Please send something regarding this account (i.e. recommendation).
Deb,
Please pause any penalty charges (if possible) until this appeal is resolved.
Thank you!
7/11/2018. 3:29 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=ltem&t=IPM.Note&id=RgAAA...
From: Erik Amos [mailto:eamos@greenstar.coopj
Sent: Wednesday, April 18, 2018 3:33 PM
To: Michael Thorne <MThorne@citvofithaca.org>; Kathy Servoss <KServoss@citvofithaca.org>; Camille Little
<CLittle@citvofithaca.org>; Svante Myrick <mavormvrick@citvofithaca.org>; Dan Hoffman
<Dhoffman@greenstar.coop>; Brandon Kane <bkane@greenstarcoop>
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
of 3
7/11/2018. 3:29 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=ltem&t=IPM,Note&id=RgAAA.
Erik Amos I Finance Director I GreenStar Cooperative Market I 607.273.9392 x503
7/11/2018,3:29 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.orgIowa/?ae=Item&t=IPM,Note&id=RgAAA...
1 of 2
RE: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy Servoss
Sent: Wednesday, May 09, 2018 10:44 AM
To: Erik Whitney; Deborah Whitney
Categories:Red Category
Hi Erik,
Were you able to take a look at this appeal?
Kathy
From: Kathy Servoss
Sent: Wednesday, April 18, 2018 3:43 PM
To: Erik Whitney <EWhitney@cityofithaca.org>; Whitney, Deborah <dwhitney@cityofithaca.org>
Subject: FW: Error in sewer use billing for GreenStar Co-op (2014-18)
Erik,
Please send something regarding this account (i.e. recommendation).
Deb,
Please pause any penalty charges (if possible) until this appeal is resolved.
Thank you!
Kathy
From: Erik Amos [mailto:eamos@greenstar.coop]
Sent: Wednesday, April 18, 2018 3:33 PM
To: Michael Thorne <MThorne@cityofithaca.org>; Kathy Servoss <KServoss@citvofithaca.org>; Camille Little
<CLittle@cityofithaca.org>; Svante Myrick <mayormyrick@cityofithaca.org>; Dan Hoffman
<Dhoffman@greenstarcoop>; Brandon Kane <bkane@greenstarcoop>
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thome and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
7/11/2018.3:28 PM
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=ltem&t—IPM.Note&id=RgAAA.-
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos I Finance Director I GreenStar Cooperative Market I 607.273.9392 x503
of 2
7/11/2018. 3:28 PM
GreenmarSewer Bill
Appealbnyo6nuichyofidhuouo,g/ovvoy?ao~lteru&t^B,M.Nnte&N~RgA/\A—
Greenstar Sewer Bill Appeal
Kathy Servoss
Sent: Monday, April 23, 2018 2:17 PM
To: Erik Whitney; Deborah Whitney
attachmenxs:7oVVvBuffalo Sewer 4ppea/.vdr(99 KB)
The attached letter was received today regarding the back billing of sewer charges for Greenstar. 1 would like to put
this on the May BPW agenda, if possible. Please forward any background informat-ion and a recommendation prior to
May 8th.
Thank you,
K�th�servvss
Gxe a izctivouss.stmvut
supt. nfPuhLiu w/orR,s' PmrRiw0
CCtN|thmoo
1Q,c Cir8cK�t
|thaco' NY
of 1
7/11/2018, 3:24 PM
RE: Greenstar Sewer Bill Appeal Lttps://maiicityo�1PM.Note&id=RgAAA~
RE: Greenstar Sewer Bill Appeal
Deborah Whitney
Sen mondaxAprilz3,018r39pn
To: Kathy Servoss; Erik Whitney
Cc: Michael Thorne
Mike/Erik - As an option, we can take this bill off the water/sewer module and put it to the Misc Bill module. With
Boards approval, we can do any kind of pay back plan 1-5 yrs, interest free or not. Normally, we do 1 yr pay back for
Utility bills. When we were doing sidewalk pay backs, we did up to 5 yrs. If we maintain the full amount due, we
might want to give them a Ionger pay back so they can work it into their budget
Just FYI
qt,
City Chamberla
108 E Green St.
Ithaca, NY 14850
Uwhitney@cityofithooa.urg
Ph: (607) 274-6583
Fax: (607) 272-7348
"Disabity is not a 'brave struggk' or 'courage wthe face ofmfversty.'Dbabay is an art. It's an hgenbusmay mIve.^
Nei Marcus (Actor and pkywright,central fguremthe demebpment ofmbabilyouture)
From: Kathy Servoss
Sent: Monday, April 23, 2018 2:17 PM
To: Erik Whitney; Deborah Whitney
Subject: Greenstar Sewer Bill Appeal
Erik,
The attached letter was received today regarding the back billing of sewer charges for Greenstar. 1 would tike to put
this on the May BPW agenda, if possible. Please forwndanybock8vnundiofnnnadonundareoommendadonphorto
may 8th
Thank you,
�enlor,s
euutCvenssqstmm�
Supt. cfPut Liz YVor'ZS' �w��mc�r�w� ��PmrlzCwg
c,itNof(th(2,2
0.c;' .�t
Ny D
�071-_:27-4 5 27
1 of 1
7/11/2018,9°25P&4
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=IPM:Note&id=RgAAA...
RE: Error in sewer use billing for GreenStar Co-op (2014-1
Erik Whitney
Sent: Friday, April 20, 2018 10:30 AM
To: Michael Thorne
Cc: Deborah Whitney; Scott Gibson; Frederick Young
CategoriesRed Category
Hello Mike,
Greenstar purchased the old JC Watts beverage distributors facility at 700 West Buffalo Street and remodeled the
building adding a 4 -inch combined fire and domestic water service. The new 4 -inch water service Zine installation was
completed on 10/30/13 with a 1 -inch water meter subsequently installed on the domestic branch of this new line 1/7/14.
The account number for the new 1 -inch metered service is 4514924701. Somehow at the time of installation only the
water billing was triggered on. Note: this facility also has a second water account served by a 3/4 -inch water meter,
Account 4514924700, the consumption measured by the meter for this account is billed for both water and sewer.
1 am not aware of how it came about that the consumption on the 1 -inch metered account was not being billed sewer
also. We believe the issue may have been an oversight or incorrect assumption during input of the initial account
information. We are in the process of looking at several other properties/accounts City wide which have either water or
sewer billing associated with them but not both. Scott and Deb have met and reviewed the current list of 16 accounts
for which they found 11 accounts which legitimately had only water or sewer but not both. They found 5 accounts we
needed to investigate further. We have addressed all but 2 of these accounts now, correcting the billing. This is
something deserving of a periodic audit. I'm coping this email to the Chamberlain also.
Regards,
Erik Whitney, PE
Assistant Superintendent
City of Ithaca DPW
Water & Sewer Division
510 First Street, Ithaca NY 14850
0: (607) 272-1717
C: (607) 280-1041
From: Michael Thorne
Sent: Thursday, April 19, 2018 4:16 PM
To: Erik Whitney
Subject: FW: Error in sewer use biiling for GreenStar Co-op (2014-18)
Hi Erik,
Can you please look into this?
Thanks
Michael Thorne, P.E.
Superintendent of Public Works
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
607-274.6527
From: Erik Amos [eamos@greenstar.coop]
of 2
7/11/201R,_1.2Rp1
RE: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
Sent: Wednesday, April 18, 2018 3:32 PM
To: Michael Thorne; Kathy Servoss; Camille Little; Svante Myrick; Dan Hoffman; Brandon Kane
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos Finance Director' GreenStar Cooperative Market I 607.273.9392 x503
of 2
7/11/2018, 3:28 PM
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t IPM.Note&id=RgAAA..=
of 2
F
Error in sewer use billing for GreenStar Co-op (2014
Michael Thorne
Sent: Thursday, April 19, 2018 4:16 PM
To: Erik Whitney
Categories: Red Category
Attachments:GreenStar - City of Ithaca—l.pdf (
Hi Erik,
Can you please look into this?
Thanks
Michael Thorne, P.E.
Superintendent of Public Works
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
607-274-6527
1
45 KB) ; City of Ithaca Bill Histor—l.pdf (636 KB) ; City of Ithaca Letter and ''1.pdf (71 KB
From: Erik Amos [eamos@greenstar.coop]
Sent: Wednesday, April 18, 2018 3:32 PM
To: Michael Thorne; Kathy Servoss; Camille Little; Svante Myrick; Dan Hoffman; Brandon Kane
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative. omitted
amounts - $28,498.74 was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annua
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed.
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
7/11/2018.3:27 P
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae—ltem&t—IPM.Note&id—RgAAA...
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos I Finance Director I GreenStar Cooperative Market I 607.273.9392 x503
; of 2
7/11/2018, 1-27 PM
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=1PM.Note&id=RgAAA..a
FW: Error in sewer use billing for GreenStar Co-op (2014-18
Camille Little
Sent: Wednesday, April 18,2018 3:43 PM
To: Deborah Whitney; Erik Whitney
Categories: Red Category
Attachments:GreenStar - City of Ithacar1.pdf (45 KB) ; City of Ithaca Bill Histor1.pdf (636 KB) ; City of Ithaca Letter and "1.pdf (71 KB
I
Camille
From: Erik Amos [eamos@greenstar.coop]
Sent: Wednesday, April 18, 2018 3:32 PM
To: Michael Thorne; Kathy Servoss; Camille Little; Svante Myrick; Dan Hoffman; Brandon Kane
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
Third, this error creates accounting challenges, as these bills are up to four years oid, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
I of 2
7/11/?
.26 pr n
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae—Item&t=IPM.Note&id—RgAAA,..
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos I Finance Director I GreenStar Cooperative Market I 607.273.9392 x503
2 of 2
7/11/2018, 1.26 PM
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.citvofithaca.org/owa/?ae=ltem&t=1PM.Note&id=RgAAA...
of 2
FW: Error in sewer use billing for GreenStar Co-op (2014-18)
Kathy Servoss
Sent: Wednesday, April 18, 2018 3:42 PM
To: Erik Whitney; Deborah Whitney
Categories: Red Category
Attachments:GreenStar - City of Ithaca—l.pdf (45 KB) ; City of Ithaca Bill Histor—l.pdf (636 KB) ; City of Ithaca Letter and —1.pdf (71 KB)
Erik,
Please send something regarding this account (i.e. recommendation).
Deb,
Please pause any penalty charges (if possible) until this appeal is resolved.
Thank you!
Kathy
From: Erik Amos [mailto:eamos@greenstar.coop]
Sent: Wednesday, April 18, 2018 3:33 PM
To: Michael Thorne <MThorne@cityofithaca.org>; Kathy Servoss <KServoss@cityofithaca.org>; Camille Little
<CLittle@cityofithaca.org>; Svante Myrick <mayormyrick@cityofithaca.org>; Dan Hoffman
<Dhoffman@greenstar.coop>; Brandon Kane <bkane@greenstar.coop>
Subject: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W. Buffalo
St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted from all
such billings since 2014, due to an error made by the City of Ithaca, and that payment for cumulative, omitted
amounts - $28,498.74 - was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have created
substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable for the annual
budget adopted by the Board of Directors, and an unanticipated expense of this magnitude, in one quarter,
jeopardizes compliance with the budget. Moreover, GreenStar is subject to strict conditions of financial
performance per the terms of its largest outstanding loan, and this obligation could likewise imperil that
compliance. Because of these issues, and in pursuit of fairness, GreenStar seeks to appeal certain aspects of
this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite substantial,
we ask for the amounts due in earlier years to be forgiven. We believe the amount due for 2017 onward,
$11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be owed,
ideally over the next 12 months — as opposed to a single, immediate payment. We were informed by City staff
that if we were to seek this option, late penalties would accrue, and the Co-op would be responsible for those
penalties. Since this billing error was not our fault, and continued over the course of four years, a demand for
instant correction and penalties for non -timeliness appear unreasonable. We request that any associated
penalties be waived, as long as payments are made in compliance with a more reasonable schedule.
7111 /201 {1, 3:26 PM
FW: Error in sewer use billing for GreenStar Co-op (2014-18) https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAA...
Third, this error creates accounting challenges, as these bills are up to four years old, and the total annual
amounts could be material. As it happens, our annual audit is being completed this week, and we have
submitted documentation to our accountants. However, we will not be making any adjustments to our books
until the end of May. We would like to start payment after that time.
Attached is our bill history for that account, the letter we received on March 29, 2018 along with the
corresponding bill, and a signed copy of this letter.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Erik Amos I Finance Director I GreenStar Cooperative Market 1607.273.9392 x503
of 2
7/11/20183 3.26 PM
April 18, 2018
Michael Thorne
Superintendent ufPublic Works
Mayor SvanteMyrick
Chair, Board of Public Works
City of Ithaca
208E,Green St.
Ithaca, NY148EO
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Dept.. ofPak vo:k5
APR 2 3 2018
Offiefe of the SoperIntertdent
Re: Error in sewer use billing for GreenStar Co-op (2014-18)
Dear Supt. Thorne and Mayor Myrick:
GreenStar Co-op received notification, on March 29, 2018, that for one of our accounts for 700 W.
Buffalo St. (specifically 4514924701), the sewer charge portion of the quarterly billings had been omitted
from all such billings since 2014, due to an error made by the City of Ithaca, and that payment for
cumulative, omitted amounts -$28,498.74'was due within the month.
This long-standing error, which was due to no fault of our own, and this large, unexpected bill have
created substantial hardships for GreenStar, at various levels. Management of the Co-op is accountable
for the annual budget adopted by the Board of Directors, and an unanticipated expense of this
magnitude*, in one quarter, jeopardizes compliance with the budget. Moreover, GreenStar is subject to
strict conditions of financial performance per the terms of its largest outstanding loan, and this
obligation could likewise imperil that compliance. Because of these issues, and in pursuit of fairness,
GreenStar seeks to appeal certain aspects of this bill to the Board of Public Works.
First, as the scope of the error covers four years, and the amount retroactively being billed is quite
substantial, we ask for the amounts due in earlier years to be forgiven. We believe the amount due for
2017 onward, $11,745, is a reasonable amount to be charged, under the circumstances.
Second, as a matter of cash flow, we are asking to distribute payments for the amount determined to be
owed, ideally over the next 12 months — as opposed to a single, immediate payment. We were informed
by City staff that if we were to seek this option, late penalties would accrue, and the Co-op would be
responsible for those penalties. Since this billing error was not our fault, and continued over the course
of four years, a demand for instant correction and penalties for non -timeliness appear unreasonable. We
request that any associated penalties be waived, as long as payments are made in compliance with a
more reasonable schedule,
Third this error creates accochallenges, as these biils are up to four years old, and the total
annual amounts.could be material. As it happens, our annual audit is being completed this week, and we
have submitted documentation to our accountants. However, we will not be making any adjustments to
our books until the end of May. We would like to start payment after that time.
Thank you for considering our requests. We look forward to working with you.
Sincerely,
Erik Amos
Finance Director
GreenStar Cooperative Market
701 W. Buffalo St.
Ithaca, NY 14580
_eensiw,cp_pj2
Greenstar Sewer Bill Appeal https://mail.cityofithaca.org/owa/?ae—Item&t=1PM.Note&id—ftgAAA...
Greenstar Sewer Bill Appeal
Kathy Servoss
Sent: Monday, April 23, 2018 2:17 PM
To: Erik Whitney; Deborah Whitney
Attachments:700 W Buffalo Sewer Appeal.pdf (99 KB)
Erik,
The attached letter was received today regarding the back billing of sewer charges for Greenstar. I would like to put
this on the May BPW agenda, if possible. Please forward any background information and a recommendation prior to
May 8th.
Thank you,
Id servos;
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s LA:pt. o'f. 37) L vv; Efrts[44tertvag PPHRI-vun
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IthP0, Ny -145O
of 1
7/11 /2018,1.14 PM