HomeMy WebLinkAboutMN-BPW-2010-10-13BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:51 p.m. October 13, 2010
PRESENT:
Mayor Peterson
Commissioners (4) – Jenkins, Brock, Wykstra, Goldsmith
OTHERS PRESENT:
City Attorney – Hoffman
Superintendent of Public Works – Gray
Assistant Superintendent of Water and Sewer – Whitney
Assistant Superintendent of Streets and Facilities – Benjamin
Common Council Liaison – Zumoff
Executive Assistant – Gehring
Environmental Engineer – Gibson
Bridge Systems Engineer – Gebre
Traffic Engineer – Logue
EXCUSED:
Commissioner Warden
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Supt. Gray asked Board members whether they felt that Item 7.2, entitled “Charter
Review”, should continue to remain on their agendas as a regular review and discussion
item. Commissioner Wykstra expressed support for it to continue to be placed on the
Board’s agenda for future meetings, but thought it could be removed from today’s
agenda because of time constraints.
Common Council Liaison Zumoff arrived at 4:53 p.m.
MAYOR’S COMMUNICATIONS:
Mayor Peterson reported that a letter had been sent from the City to the Tompkins
County Court office to notify them that effective January 1, 2011 jurors reporting for duty
would no longer receive free parking at City parking garages.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Robert Stundtner, Spencer Road resident, addressed the Board regarding his property
on Spencer Road. He explained that from September 30 to October 1, a significant
amount of rain fell that resulted in the flow of storm water through his yard, which
caused significant flooding. He further noted that the City boundary is at his property
line. He would like to ask for assistance from the City in working with the Town of
Ithaca to redirect the flow of the creek at the back of his property.
RESPONSE TO THE PUBLIC
Environmental Engineer Gibson joined the Board to discuss Mr. Stundtner’s situation
with storm water runoff on his property. He explained that there has been a lot of
development in the Town of Ithaca over the past decade, which contributes to problems
with water runoff when there is significant rainfall. He further explained that issues with
flooding from runoff primarily relate to private properties. He stated that it would be
possible for the City and Town to work together to address the problems, and
suggested several options that would alleviate the issues Mr. Stundtner referred to. He
requested direction from Mayor Peterson and the Board as to how to proceed, and
asked that this item be placed on a future agenda for discussion.
REPORTS:
No reports were provided.
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Regular Meeting
APPROVAL OF MINUTES:
Approval of the Minutes of the September 13, 2010, Board of Public Works
Meeting – Resolution
By Commissioner: Seconded by Commissioner
RESOLVED, That the Minutes of the September 13, 2010, Board of Public Works
Meeting be approved as proposed.
Commissioner Brock suggested putting this item on the October 20, 2010 agenda in
order to give Board members time to review the modified version of the draft minutes
that was previously distributed to the Board. No Board member objected.
ADMINISTRATION AND COMMUNICATIONS:
Mayor’s Recommended Budget – First Impressions
Supt. Gray explained that the City has a total budget of $59 million, and that the
Department of Public Works has a $23 million budget. He expressed his disappointment
and frustration with the discussions that Common Council has been having as they go
through the department’s budget line by line.
Discussion followed regarding the proposed budget; Commissioner Goldsmith
requested that the Board be provided with a five-year project plan for the Department of
Public Works, including Transportation Improvement Plan (TIP) projects. Mayor
Peterson suggested providing the five-year capital plan to the Board.
BPW Review of Charter – Discussion Continued, start at C-62
This item was not discussed.
VOTING ITEMS
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Request for License for 611 West Buffalo Street – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Brock
WHEREAS, James and Antoinette Iacovelli (hereinafter “Iacovelli”), owners of record of
the property at 602-612 W. Seneca Street (Tax Map Parcel No. 59-7-17), in the City of
Ithaca, have requested permission to use an adjacent parcel owned by the City of
Ithaca (611 W. Buffalo Street, Tax Parcel No. 59-7-9) in order to provide ingress and
egress to a 14-space parking lot proposed to be constructed by Iacovelli in the
northwesterly corner of Iacovelli’s property, to serve a 24-unit rental complex to be
constructed at that site; and
WHEREAS, the City-owned parcel is currently a parking lot intended for use by
residents in the neighborhood in its vicinity; and
WHEREAS, the parking area proposed by Iacovelli would in effect act as an extension
of the City-owned parking lot, with ingress and egress to be achieved by way of a
continuous north-south aisle from W. Buffalo Street, as illustrated on a site plan map
prepared by L. Fabbroni, P.E., for “Iacovelli 612 W. Seneca Apartments,” dated 7/15/10;
and
WHEREAS, the Superintendent has reviewed this request and does not anticipate any
conflicts in the near future, from a public works standpoint, with the proposed shared
use of the property at 611 W. Buffalo Street; and
WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca stipulates that as a
general practice the City shall receive value equivalent to fair market rent for use of City
land by others; and
WHEREAS, while the Board of Public Works has not yet adopted a schedule of fees for
such usage, pursuant to Chapter 170, the City nevertheless has an estimate of the fair
market value, generally, of (unimproved) “prime commercial highway land” (e.g., along
Route 13), from a professional appraiser retained by the City, which base value is $9.50
per square foot; assuming a rate of return of 10% for the City, as the appraiser
recommends, the fair rental value is $1.02 per square foot per year; and
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Regular Meeting
WHEREAS, the City-owned land through which access is requested has been improved
by the City, which improvements include a concrete driveway apron from Buffalo Street,
a concrete sidewalk between the apron and the parking area, and an asphalt surface on
the parking area; and
WHEREAS, the City’s appraiser has valued said improvements (in their original state),
and has concluded that they add $0.33 per square foot per year to the base value (for a
total of $1.35/square foot/year); and
WHEREAS, to provide the requested access to a parking area at the rear of 602-610 W.
Seneca Street, Iacovelli would require shared use of a corridor through the City-owned
parcel at 611 W. Buffalo Street, approximately 15 feet wide by 130 feet in length (to the
street line), comprising approximately 1,950 square feet, the fair rental value of which
area, including the afore-mentioned improvements provided by the City (assumed to be
1,875 square feet of asphalt surface and 75 square feet of sidewalk), is $2,632/year;
with standard reductions for operating expenses, the value is $2,450, or $1.25/square
foot (which value is intended to incorporate the effect of additional wear and tear upon
the City’s improvements); and
WHEREAS, the use requested by Iacovelli is not expected to interfere with normal use
of the City’s parking area by others, and therefore represents a shared use (of the
access corridor), for which reason the City’s appraiser recommends a 50% reduction in
the rental amount – i.e., to $1,306 per year; and
WHEREAS, Iacovelli has indicated an interest in providing certain services for the City
parking lot at 611 W. Buffalo Street, during the term of the license, for the sake of
efficiency and at Iacovelli’s cost, in exchange for a reduction in the use fee; and
WHEREAS, the Board wishes to receive the following services from Iacovelli, the
annual “cost” of which, if provided by the City, has been estimated by the Assistant
Superintendent for Streets and Facilities, as follows, which amounts can be applied as
“credits” to any license fee hereunder:
• timely plowing and removal of snow from the shared access
aisle and from any unoccupied parking spaces in the City lot
(not including “return trips” to the site during prolonged storm
events or because of the presence of parked cars in the lot)
$200/year
• In addition to basic service described above, include “return
trips” to the site, as required, during prolonged storm events
and to remove snow from parking spaces previously occupied
by vehicles
$330/year
• Grounds maintenance (clean up, etc; every other week) $386/year
Now, therefore be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon
consultation with the City Attorney, to sign a revocable license/agreement containing the
standard terms and conditions of such licenses (where applicable), that would permit
Iacovelli to use the north-south access aisle of the City-owned parking lot 611 W.
Buffalo Street for vehicular ingress and egress to and from the Iacovelli property at 602-
612 W. Seneca Street, upon its completed development as a apartment building,
subject to any terms and conditions of final site plan approval of the project by the City’s
Planning and Economic Development Board; and be it further
RESOLVED, That the term of the license shall be one year from the “effective date,”
which is the date of substantial completion of Iacovelli’s apartment building at 602-612
W. Seneca Street and the commencement of permitted use of the licensed area by
Iacovelli (defined as the date of removal of the barrier referred to below); and be it
further
RESOLVED, That the license shall be subject to an initial, annual fee of $390 (to be
paid upon execution, but to cover the one-year period that starts upon the effective
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Regular Meeting
date), which fee takes into account (1) the estimated fair rental value of the City land, as
improved by the City (approximately $2,450/year, after standard reductions), (2) an
additional 50% reduction in said value due to the shared nature of the licensed area (to
$1,306/year), and (3) the value to the City of Iacovelli’s provision of the services
described above (for a total credit of $916), and be it further
RESOLVED, That as part of the consideration to be provided by the licensee, Iacovelli
shall be required to take responsibility, at licensee’s sole cost, for the timely and
effective provision of the following services:
(1) plowing and removal of snow from the central access aisle of the City-owned
lot at 611 W. Buffalo Street and from any unoccupied parking spaces in the City lot
(which snow shall generally be moved to a location not on City property), and
(2) biweekly grounds maintenance of the entire City lot, and
and be it further
RESOLVED, That as conditions of the license, the licensee must agree (1) to maintain
a clear, physical delineation, and appropriate signage, between the parking spaces on
licensee’s property and those City property, and (2) to restore the appropriate full,
physical separation and buffer between 602 – 612 W. Seneca Street and 611 W.
Buffalo Street, on the property of licensee, including a privacy fence at least six feet in
height and any required landscaping, upon the termination of the license by either party;
and be it further
RESOLVED, That the license agreement shall be executed as soon as is practical, but
the permission it grants to use the licensed area shall not take effect until the substantial
completion of Iacovelli’s apartment building at 602-612 W. Seneca Street; and the
license shall require Iacovelli to erect or leave in place until the effective date (as
confirmed by the City) a barrier that effectively prevents vehicular passage between the
City property and the Iacovelli property during that period.
===============================================================
NOTE TO BOARD: As noted previously, the City retained Pomeroy Appraisal
Associates to assist the City with the establishment of fair rental values for land licensed
to others. With regard to this license request, Pomeroy calculated the value of the
underlying land ($9.50/square foot) and the value of the City improvements (asphalt
paving = $4.00/square foot; sidewalk = $6.00/square foot). Subsequent to the release
of its chart dated 9/20/10, Pomeroy told City officials, in a conference on 9/30/10, that
the City improvements to the lot in fact should not be depreciated (as had previously
been suggested) for the purpose of calculating the rental value. Therefore, the total
value of the improved land to be licensed (1950 square feet) is $26,475. At the rate of
return recommended by Pomeroy (10%/year), the potential gross income appears to be
$1.35/square foot. With standard deductions, the net rental rate would be $1.25.
Applying a 50% adjustment factor for shared use of the licensed space, the value would
be $0.67/square foot/year, or $1,306/year for this license.
City Attorney Hoffman explained that the resolution was revised since the last Board
meeting with changes suggested by the appraisers. He stated that Supt. Gray
requested the City only allow snow removal and grounds maintenance by the
developer, a value of $916 to the City for those two tasks.
Supt. Gray explained that it is expected that if the agreement is renewed that the fee
would be adjusted. Commissioner Wykstra expressed his appreciation for the work put
into creating the license agreement and thinks the Board should approve it. Mayor
Peterson requested that a record be kept as to the type of services received from the
developer over the next year in order to insure that conditions of the agreement are met.
A Vote on the Resolution resulted as follows
Carried Unanimously
CREEKS, BRIDGES, AND PARKS:
Negative Declaration of Environmental Significance for East Clinton Street Bridge
Replacement and Prospect Street Reconstruction Project – Resolution
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Regular Meeting
WHEREAS, State law and regulations and Section 176.6 of the City Code of the City of
Ithaca require that a lead agency be established for conducting environmental review of
certain proposed actions, in accordance with applicable law, and
WHEREAS, State regulations and the City Code specify that the lead agency shall be
that agency which has primary responsibility for undertaking, approving or funding the
action, and
WHEREAS, the East Clinton Street Bridge is located in the City of Ithaca and carries
East Clinton Street (State Route 96B) over Six Mile Creek, and Prospect Street is a
continuation of Route 96B from the eastern limits of East Clinton Street to South Aurora
Street, and
WHEREAS, the East Clinton Street Bridge has been rehabilitated numerous times and
is in poor condition with areas of severe deterioration, and
WHEREAS, Prospect Street and East Clinton Street were built in 1919, with a concrete
base laid over native soils and surfaced with bricks, and that concrete base has
deteriorated significantly, causing unstable conditions and potholes, and
WHEREAS, to improve the streets to accommodate the current level of use, and to
render them safer for motorists, bicyclists and pedestrians, the City of Ithaca retained
Delta Engineers, Architects and Surveyors, to prepare a proposed design for the City’s
replacement of the bridge and reconstruction of the street, and
WHEREAS, on September 22, 2010, the Board of Public Works declared to act as a
lead agency for the environmental review of the proposed replacement of the Clinton
Street bridge and reconstruction of Prospect Street , and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Long Environmental Assessment Form (LEAF) part II, and
WHEREAS, the Board of Public Works of the City of Ithaca, acting as Lead Agency, has
reviewed the LEAF Part II, and
RESOLVED, That Board of Public Works, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the LEAF, and be it
further
RESOLVED, That Board of Public Works, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and and
requests that staff provide notice of the same to all involved and interested agencies.
Bridge Systems Engineer Addisu Gebre joined the Board for the discussion of this item
Extensive discussion followed on the floor regarding inconsistencies between Part 1 and
Part 2 of the Full Environmental Assessment Form (FEAF), specifying the type of
retaining walls in the resolution and FEAF that will be installed, and traffic concerns
during the construction. Commissioner Brock expressed her desire to reduce the
impacts on the neighborhood during the construction phase of this project. Mayor
Peterson suggested conferring with Planning and Development Director Cornish to
ensure the FEAF was completed correctly. The Board agreed to include this item on
the October 20, 2010 agenda.
WATER AND SEWER:
Award of Contract for the Water Tank Rehabilitation Project – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Wykstra
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WHEREAS, the City of Ithaca has three steel potable water storage tanks located at
Maple Avenue, Cornell Street, and Oakwood Lane, and
WHEREAS, the Maple Avenue tank was originally constructed in 1911 and the Cornell
Street and Oakwood Lane Tanks were constructed in 1936, and
WHEREAS, the last complete paint job on each tank was conducted in the early 1990’s,
and
WHEREAS, each tank is currently not in compliance with Occupational Safety and
Health Administration regulations pertaining to worker safety and access, needing
safety rails, proper venting, accesses, ladders, etc., and
WHEREAS, the City of Ithaca contracted with Tank Industry Consultants (TIC) for
professional inspection services in August 2009 to identify specific internal and external
structural, surface, safety, and other improvement needs for each tank, and
WHEREAS, the City of Ithaca solicited Requests for Proposals for professional
engineering design and bid services and later contracted for such services with T.G.
Miller Engineers & Surveyors, P.C. on May 10, 2010, and
WHEREAS, TIC and T.G. Miller revealed several necessary, unforeseen improvements
vital to the rehabilitation of each tank, including complete roof replacement, extensive
structural repairs to existing support members, additional steel repairs than those
originally anticipated, and mandatory usage of more expensive, low volatile solid paint
technology to meet recent health department regulations, and
WHEREAS, the City of Ithaca is desirous in entering into a contract for a rehabilitation
project on each tank for inclusive surface preparation, repainting, roof replacement,
general repairs, and safety updates, and
WHEREAS, the City of Ithaca advertised for bids for the “City of Ithaca Water Tank
Rehabilitation Project” on August 12, 2010, and
WHEREAS, the City of Ithaca received and opened bids for such work on August 31,
2010, and
WHEREAS, the low bidder for the project was R. De Vincentis Construction, Inc. of
Binghamton, New York, for the base bid of $1,533,950 with alternate add-on costs for
roof replacement on the Maple Avenue Tank for $98,000 and the Oakwood Lane Tank
for $145,000, and
WHEREAS, it is in the professional opinion of the staff of the Water & Sewer Division of
Public Works that the City of Ithaca ensure that roofing is replaced for each tank so as
to increase the expected lifespan of the structures, and
WHEREAS, on October 6, 2010, City of Ithaca Common Council unanimously approved
budgeting toward a total project cost of $2,004,645 which includes items for the project
base bid, alternate funding for Maple Avenue and Oakwood Lane roof replacement,
contingency, and remaining preparatory site work, and
WHEREAS, a Notice of Award has been prepared for R. De Vincentis Construction, Inc.
in the amount of $1,776,950, which initiates contract document preparation for said
project; now, therefore be it
RESOLVED, That the Board of Public Works hereby awards the City of Ithaca Water
Tank Rehabilitation Project to R. De Vincentis Construction, Inc. by official Notice of
Award with funds derived from Capital Project 513 and authorizes the Mayor to execute
the same.
Environmental Engineer Gibson joined the Board for discussion of this item. He
explained that an inspection of the water tanks was completed in 2009 and it showed
the tanks were still in good shape. However, there are repairs and repainting
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Regular Meeting
necessary, along with new roofs at all three tanks to extend the life of the tanks for an
extra thirty years.
Discussion followed on the floor regarding the decision to rehabilitate the tanks rather
than purchasing new.
A Vote on the Resolution resulted as follows:
Carried Unanimously
DISCUSSION ITEMS
PARKING AND TRAFFIC:
TIGER II Grant – Update
Mayor Peterson explained that an update was provided for the Board in their agenda
packets.
Request for Traffic Calming Measures on South Hill Terrace – Update
A short discussion was held regarding purchasing temporary traffic calming measures
that could be installed on South Hill Terrace for the duration of the construction project
on Clinton Street Bridge/Prospect Street in 2012.
Request for Parking Modifications on 300 Block of Mitchell Street - Discussion
Traffic Engineer Logue and Susan Blumenthal, resident of Mitchell Street, joined the
Board for the discussion of this item.
Ms. Blumenthal explained that a petition was signed by residents requesting the
installation of “No Parking” signs on Mitchell Street. She stated that on street parking
has increased primarily due to students. She further stated that the street is heavily
traveled by all sizes of vehicles, with some traveling at high speeds. She further stated
that because of the increased on street parking she does not feel safe leaving her
driveway.
Traffic Engineer Logue explained that Mitchell Street is one of the three locations in the
City where there is “No All Night Parking”, and there is not enough room for parking on
both sides of the street. He stated that one option would be to extend the bicycle lane
from East State Street up Mitchell Street, and remove parking on both sides or have
parking on one side of the street.
Discussion followed on the floor regarding impacts to traffic should the parking be
removed from the street. Commissioner Goldsmith expressed concern that motorists
will speed through the area if cars are not parked on the street.
Commissioner Wykstra expressed his support for the removal of the on-street parking
due to the visibility issues raised. Commissioner Brock expressed her support for
extending the bicycle lane up Mitchell Street.
Discussion followed on the floor regarding preparing a resolution in support of this
request on the October 20, 2010 agenda. The Board also requested that Traffic
Engineer Logue request new “No Parking” signs from the City’s sign shop.
CREEKS, BRIDGES, AND PARKS:
Newman Golf Course – Update
Supt. Gray explained that the purpose of the information provided with agenda packets
for the Board was to provide some of the historical background relating to the golf
course. He is still gathering information from other golf courses for comparison
purposes. He further suggested that a subcommittee be set up that could work on
developing a resolution for the Board’s consideration.
Cass Park Dock Use Summary – Update
This item was not discussed.
WATER AND SEWER:
Appeal of Water Bill for 109 North Cayuga Street – Discussion
James Bilinski, property owner, joined the Board for discussion of this item.
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Regular Meeting
Asst. Supt. Whitney explained that the new meter head which was retrofitted onto Mr.
Bilinski’s meter had a programming error; it was sent from the factory with the wrong
gear ratio. He stated that the meter was re-calibrated and is currently reading correctly.
Mr. Bilinski explained that a new meter was installed in September 2008, and in October
2009 he received a large bill. He expressed frustration at not receiving any response
from the Water & Sewer Division until he wrote to the Chamberlain’s Office in March
2010 about the water bill. He requested that the Board expunge the large bill and any
penalties.
Discussion followed on the floor regarding final bills for when the meters were replaced
in 2008-2009, and the fact that some new meters were calibrated incorrectly. Supt.
Gray stated that he would verify that penalty charges had not been added to the initial
bill, and noted that he would prepare a resolution for the Board’s consideration at the
October 20, 2010 meeting.
Appeal of Water Bill for 622 Cascadilla Street – Update
This item was not discussed.
Appeal of Water Bill for 104-114 North Cayuga Street – Update
This item was not discussed.
Appeal of Water Bill for 205 Old Elmira Road – Discussion
This item was not discussed.
Appeal of Water Bill for 804 Stewart Avenue – Discussion
This item was not discussed.
ADJOURNMENT
On a motion the meeting adjourned at 7:04 p.m.
Kathrin D. Gehring Carolyn K. Peterson
Executive Assistant Mayor