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HomeMy WebLinkAboutMN-BPW-2010-12-08BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:52 p.m. December 8, 2010 PRESENT: Mayor Peterson Commissioners (4) – Brock, Goldsmith, Warden, Wykstra 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 EXCUSED: Commissioner Jenkins DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Supt. Gray requested the addition of Item 8.5A, entitled “2011 Water and Sewer Rates” No Board member objected. MAYOR’S COMMUNICATIONS: Mayor Peterson reported that she would be leaving the meeting at 6:00 p.m. for a family event. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Steve Flash, west end business owner, expressed his concern and frustration over the lack of progress being made regarding the west end parking situation. Gary Ferguson, Downtown Ithaca Alliance Director, distributed information from the internet regarding possible alternatives to eliminating the first hour free parking in the City’s parking garages. He stated that the Downtown Ithaca Alliance would like to work with the Board and the City regarding possible alternatives to eliminating the first hour free parking. RESPONSE TO THE PUBLIC: Supt. Gray explained that Common Council adopted a budget for 2011 that includes proposed revenues in the amount of $1.3 million for off-street parking. He explained the significant gaps between the projected parking revenues and expenses for the City. He further noted that if the Board chose to implement the elimination of first hour free parking, and the installation of meters in the west end parking lots, that staff could have things in place to by January 1, 2011 to begin charging for any parking in those areas. REPORTS: Commissioner Brock provided a report from the Parking ad hoc committee. She stated that it is her belief there is general support to eliminating the first hour free parking, but not for incremental charges ($.25/15 min.). She further noted that there is also support for increasing meter charges, but not for increasing meter time limits. She further reported that there is consensus not to allow commercial truck parking in the Buffalo Street municipal lot. There was also discussion about entering into a license agreement with Boatyard Grill for the parking lot next to that restaurant. APPROVAL OF MINUTES: Approval of the Minutes of the November 17, 2010 Board of Public Works Meeting – Resolution By Commissioner Brock: Seconded by Commissioner Goldsmith RESOLVED, That the Minutes of the November 17, 2010 Board of Public Works Meeting be approved with noted corrections. Board of Public Works Page 2 December 8, 2010 Regular Meeting Carried Unanimously VOTING ITEMS BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Request for Encroachment License for 302 Mitchell Street – Resolution By Commissioner Wykstra: Seconded by Commissioner Warden WHEREAS, Attorney Dirk A. Galbraith, representing EPG Associates, L.P., owner of the property at 302 Mitchell Street, has requested an encroachment agreement/license for an existing wood rail fence which appears to have been constructed approximately two feet into the City street right-of-way for Linden Avenue, and to extend for at least 110 feet (north-south), as shown on the survey map prepared by Lee Dresser, of T.G. Miller, PC, dated October 26, 2010; and WHEREAS, it appears that the fence in question has been in existence in its current location for many years; and WHEREAS, at present, there is no sidewalk on the east side of Linden Avenue, in this vicinity, and the Board has no intention at this time to require the affected private property owners to construct such a sidewalk; and WHEREAS, staff has reviewed the request and does not anticipate any conflicts in the foreseeable future, from a public works standpoint, due to the existing encroachment at this location; now therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor to sign an encroachment agreement/license for the existing fence near the westerly boundary of the property at 302 Mitchell Street, revocable by the City on 90 days/3 months notice to the licensee and containing the usual terms and conditions, as well as a requirement that the private property owner be solely responsible for maintaining the existing fence in good repair or for removing it, as may be deemed necessary by the City and at the private property owner’s sole cost; and be it further RESOLVED, That this license shall be for an initial period ending March 31, 2011, but shall renew automatically thereafter upon the same terms, for one-year periods commencing on April 1st, unless terminated by either party or modified upon agreement of the parties; and be it further RESOLVED, That this license shall not be subject to a fee for the initial period, per the City’s current practice with regard to such agreements for existing, minor encroachments associated with residential properties, that have been in existence for a substantial amount of time, but that the agreement shall specify that upon renewal of the license it may become subject to new use fees expected to be established by the Board by January 2011, which new fees will be applied to licenses commencing or renewable after March 31, 2011. City Attorney Hoffman explained the request for an encroachment, and noted that the standard license agreement does not include a fee. He suggested the initial license be implemented for three months from January 1 through March 31, 2011, and then a fee could be imposed as of April 1. He further requested guidance from the Board on the length of the revocation period for future agreements. Discussion followed on the floor regarding reasonable revocation periods. Dirk Galbraith, attorney for the property owner, joined the Board for the discussion of this item. He stated that his client intended to install a rail fence and would be willing to pay any reasonable fee the Board imposed. Commissioner Warden suggested establishing standard fees through the Use of City Property Ordinance prior to charging the property owner. A Vote on the Resolution Resulted As Follows: Carried Unanimously Board of Public Works Page 3 December 8, 2010 Regular Meeting WATER AND SEWER: 2011 Water and Sewer Rates – Resolution By Commissioner Wykstra: Seconded by Commissioner Warden WHEREAS, in accordance with City Charter, the Board of Public Works has the authority to set water and sewer rates, and WHEREAS, staff has provided water and sewer usage projections for 2010, now therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2011: Basic Rates (per 100 cubic feet): Water $3.75 Sewer $4.87 Minimum Billing (per quarter year) Meter Size Cubic Feet Allowed (x100) Water Sewer Total Small 12 $45.00 $58.44 $103.44 1” 32 $120.00 $155.84 $275.84 1.5” 55 $206.25 $267.85 $474.10 2” 112 $420.00 $545.44 $965.44 3” 160 $600.00 $779.20 $1,379.20 4” 241 $903.75 $1,173.67 $2,077.42 6” 421 $1578.75 $2,050.27 $3,629.02 Other Services • Unmetered sprinkler service: $12 per inch diameter per quarter • Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day thereafter. • Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons. • Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event. • Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance. • Replacement of frosted or damaged residential meter: “ During business hours – cost of the meter plus $50 “ After hours without a call-in – cost of the meter plus $125 “ After hours with a call-in – cost of the meter plus $220 • Replace damaged AMR meter head, caused by owner/occupant negligence: cost of new meter plus $60. • Special meter reading with corresponding bill: $45 per special read. • Data Logs: the first obtainable log shall be billed at $60, with one follow- up log at no extra charge per account per year. All additional data logs shall be charged at $60 each. If a City issue is found as a result of a data log, there shall be no charge. • All other special services: To be billed at cost (including overhead) with supporting bill documentation. Board of Public Works Page 4 December 8, 2010 Regular Meeting Supt. Gray explained the resolution and the rate structure proposed by the City Chamberlain and City Controller. He stated that the projected revenues do not cover the costs. Commissioner Goldsmith requested to see the rates or percentages deflated by the consumer price index. Discussion followed on the floor regarding budget amounts for the water fund in 2010, projected shortfalls for 2011, water conservation, and decreased water usage causing increased rates. Supt. Gray noted the fees being charged through the City for the minimum amount of water is less than one thousandth of one cent per gallon, although most bottled water costs $1 or more per gallon. A Vote on the Resolution Resulted as Follows: Carried Unanimously PARKING AND TRAFFIC: 2011 Parking Rates – Resolution By Commissioner Brock: Seconded by Commissioner Goldsmith WHEREAS, the Board of Public Works has considered the proposed 2011 rates for municipal parking facilities in order to meet the adopted 2011 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2011, and WHEREAS, the Board approved the 2011 monthly and weekly parking rates below for municipal parking facilities on November 30, 2010, now, therefore be it RESOLVED, That the Board of Public Works hereby adopts the proposed 2011 hourly parking rates as follows in the attached table; and, be it further RESOLVED, That all rates shall go into effect January 1, 2011, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2010 Rates Effective 8/1/10 Proposed 2011 Rates Effective 1/1/11 Amount Changed Seneca Garage, Day and Night All Levels $80.00/mo $82.50/mo 3% increase Contract with Hotel1 $46.38/mo $47.77/mo 3% increase Contract with Ciminelli2 $80.00/mo $82.50/mo 3% increase Green Street Garage, Day and Night All Levels $70.00/mo $72.00/mo 3% increase Contract with Ciminelli2 $50.50/mo $50.50 No increase Cayuga Street Garage, Day and Night All Levels, including long-term storage $56.00/mo $57.50/mo 3% increase Contract with Ciminelli2 $44.90/mo $44.90/mo No increase Contract with County (Library)4 $44.90/mo $57.50 Expired Premium Area Rates $103.00 $106.00/mo 3% increase Dryden Road Garage Day 6:00 a.m. – 9:30 p.m. $110.00/mo $113.00/mo 3% increase Night 6:00 p.m. – 6:00 a.m. $110.00mo $113.00/mo 3% increase Discounted Hourly (250 hours)1 $113.00 Day and night (24 hours) $220.00/mo $226.00/mo 3% increase Other Non-Meter Permit Parking Contract with County (DSS)4 $44.90/mo $44.90/mo No Increase Board of Public Works Page 5 December 8, 2010 Regular Meeting Weekly Rates Actual 2010 Rates Effective 1/1/10 Proposed 2011 Rates Effective 1/1/11 Amount Changed Seneca Garage, Day and Night $24.00 $25.00 3% increase Green Street Garage, Day and Night $21.00 $22.00 3% increase Dryden Road Garage, Day OR Night $33.00 $34.00 3% increase Dryden Road Garage, 24 Hours $65.00 $67.00 3% increase Hourly Rates5 Actual 2010 Rates Effective 6/1/10 Proposed 2011 Rates Effective 1/1/11 Amount Changed Seneca, Green, Cayuga Street Garages6 0 – 1 0 $1 Remove 1 free hour Every hour thereafter $1/hour $1/hour No change Maximum $7/day $7/day Dryden Road Garage 0 – 24 $1/hour $1/hour No change Maximum $15/day $15/day No change Dryden Road Summer Rates (June 1 – August 15) 0 – 24 $0.75/hour $0.75/hour No change Maximum $15/day $15/day No change Bulk Purchase: Garage Tokens or Value Card $26.00/ 40 hours $26.00/ 40 hours No change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $3 $5 Increase by $1 Parking Meters and Pay and Display Surface Lot: Green Street Garage7 $1.50/hour No max. $1.50/hour No max. No change Downtown $1.00/hr 2 hr. max. $1.00/hr 2 hr. max. No change Collegetown $1.00/hr 2 hr. max. $1.00/hr 2 hr. max. No change Thurston & Stewart Ave. & Edgemoor $0.25/hr 9 hr. max. $0.50/hr 9 hr. max. Increase by 25 cents /hr Foot Notes 1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 – Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2009, based on August 2008 CPI. The current CPI is still less than August 2008. 3 – Up to 150 total permits in Green Street and Cayuga Street Garages at lowest permit price available for those spaces; up to 50 permits in Seneca Street Garage at lowest posted monthly rate for Seneca Street Garage spaces (Seneca spaces are only available if Green Street and Cayuga Street Garages are full). Thomas Associates is eligible for volume discount fee structure – not currently applicable. This contract expired October 31, 2010. Board of Public Works Page 6 December 8, 2010 Regular Meeting 4 – The County’s Mental Health/Library agreement for 100 spaces in Green Street Garage (and/or Lot D) will remain in effect for ten (10) years, or for as long as the building at 101 East Green Street is owned by the County and used for public library purposes, whichever period is shorter. Both parties agree to work in good faith to negotiate a successor agreement at the expiration of this agreement. The rate charged is the lowest rate charged to anyone. The agreement was signed November 28, 2000, so expires in November 2010. County’s DSS agreement for 20 spaces on West State Street (in “Fire Station lot”) expires December 31, 2016. 5 – The Chamberlain’s office is working on programming a permit that is valid for a fixed number of hours per month, to replace the day permits and the night permits at Dryden Road. Calculating fees at the booth when customers exit outside the permitted time period is problematic. If successful, the hourly permit will be issued in place of the day and night permits. 5a – Fees charged: Downtown garages, 2:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 – The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 – In 2010, the pay station for the Green Street Surface Lot may be changed to accept credit cards, at which time the hourly rate shall be increased to $2 per hour. Traffic Engineer Tim Logue joined the Board for the discussion of this item. He explained that most of the information was provided in the agenda packet. He stated that removing the first hour free parking would produce $175,000 in extra revenue, and charging $.75 for all hours would produce $75,000 in extra revenue. Commissioner Brock expressed support for eliminating the first hour free, increasing meter rates on Thurston Avenue from $.25 to $.50 per hour, and increasing special event permit parking from $3 to $5. Commissioners Goldsmith and Wykstra expressed their support for that proposal as well. Discussion followed on the floor regarding installation of credit card machines in the Green Street surface parking lot, all downtown parking garages reverting to the hours of 2 a.m. to 8 p.m., and concerns about the projected revenues. Mayor Peterson left meeting at 6:03 p.m. Commissioner Wykstra apologized for the comment he made at the Board meeting on November 30, 2010 regarding the elimination of the first hour free parking. He stated that he still believes in the need for free parking for the first hour at City parking garages, and hopes the City can work with downtown merchants to reinstate the free parking. However, he would rather eliminate the first hour free parking than cause city staff positions to be affected by the revenue shortfall. Council Liaison Zumoff expressed his understanding of the reasoning and rationale for Common Council including the removal of the first hour free parking in its adoption of 2011 budget. Discussion followed on the floor regarding possible incremental charges for parking in the garages and on-street parking, other possible options for charging for parking, and further concerns related to parking revenues, staffing, and expenses. A Vote on the Resolution Resulted as Follows: Carried Unanimously (4-0) Mayor Peterson Absent from vote West End Parking Rates – Resolution Commissioner Brock requested that this discussion take place after a meeting with the merchants is held. Supt. Gray noted that he is searching for any land use agreements for the west end area, and that this topic would be brought back to the Board for further discussion in January 2011. City Controller Steve Thayer stated that the resolution passed tonight regarding the elimination of the first hour free parking covers the $200,000 needed in the 2011 budget; however, parking on the west end does need to be discussed further, as well as whether or not to increase parking meter rates. Board of Public Works Page 7 December 8, 2010 Regular Meeting DISCUSSION ITEMS BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Fee Schedule for Use of City Property – Update and Discussion: Commissioner Goldsmith suggested the need for the Board to go into executive session tonight to discuss the appraiser’s final report, and then discuss the fees during the next two Board meetings. City Attorney Hoffman strongly encouraged the Board to review the material that was previously distributed to them so they are prepared for the future discussions of this topic. HIGHWAYS, STREETS, AND SIDEWALKS: Motion to Enter into Executive Session to Discuss the Request for Expungement of Sidewalk Assessment for 218-220 University Avenue - Resolution By Commissioner Goldsmith: Seconded by Commissioner Brock RESOLVED, That the Board enter into Executive Session to discuss possible litigation. Carried Unanimously The Board entered into Executive Session at 6:38 p.m. Reconvene: The Board reconvened into regular session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 7:10 p.m. Kathrin D. Gehring Carolyn K. Peterson Executive Assistant Mayor