HomeMy WebLinkAboutMN-BPW-2010-12-22BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. December 22, 2010
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Wykstra, Brock, Warden, Goldsmith
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Information Management Specialist - Myers
EXCUSED:
Common Council Liaison – Zumoff
DAC Liaison – Roberts
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Commissioner Goldsmith requested the addition of a discussion on the Board’s way of
taking care of its duties and responsibilities under item 7 entitled “Administration and
Communications”.
No Board Member objected.
Commissioner Wykstra requested the addition of another discussion item concerning
succession plan for Board members’ whose terms expire on December 31, 2010 under
item 7 entitled “Administration and Communications”.
No Board Member objected.
MAYOR’S COMMUNICATIONS
Mayor Peterson recognized Commissioner Wykstra’s efforts, along with several of his
co-workers at Cayuga Lumber, for their rescue of a gentleman that had fallen through
the ice in the inlet. Commissioner Wykstra gave recognition to the quick response of
the receptionist at Cayuga Lumber for taking the initiative when she heard the man’s
calls for help and alerted him and his co-workers to the situation. He further recognized
the quick and efficient response of the Ithaca Fire Department to the situation as well.
The man was rescued quickly and was uninjured.
Mayor Peterson further reported that Verizon has submitted a formal application for a
cell tower to be placed on the New York State Department of Transportation property
near the Ithaca Farmers’ Market. She stated that if the DOT accepts their request, the
City would have no control over their decision. She further stated that there are a lot of
issues that need to be considered at that location, which affects the Cayuga Waterfront
Trail, the Marina and State Parks. She stated that she is working with Assemblywoman
Barbara Lifton on the issue and will keep the Board updated on the situation as much as
possible.
COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD
No one appeared to address the Board.
Mayor Peterson read, for the record, a letter from Stephen Nunley, Managing Director
for the Kitchen Theatre Company, to the Board of Public Works regarding the theatre’s
request for a reserved parking space for people with disabilities at their new location of
417 West Martin Luther King Jr. Street/West State Street.
REPORTS
Commissioner Wykstra reported that as a result of the recent spill of hydrolysate,
Cornell University will now keep the Vet School waste system office staffed at all times.
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December 22, 2010
Supt. Gray reported that he and staff are busy with end-of-the year activities such as
billing, budget adjustments between Streets and Facilities and Water and Sewer
departments so the City Controller has the information he needs regarding capital
projects.
Asst. Supt. Whitney reported that there have been a lot of water main breaks recently,
three within just the past week. In addition, there have been an unusual amount of
requests for new water and sewer services.
Asst. Supt. Benjamin reported that the new asphalt recycler is working nicely. He stated
that crews have been busy hot patching where needed, especially on Willow Avenue,
where the Water & Sewer department made cuts in the road for water services, to
accommodate buses and city trucks. The Cascadilla Creek wall repair work has been
completed and staffing is low as they need to take time off now or lose it. He stated that
the Streets & Facilities Department had their annual Christmas Party with Santa Claus
and there were 64 children that attended.
Supt. Gray reported on the design flaw in the bioswale on Willow Avenue that may need
to be modified as it is too narrow for a commercial driveway. He noted that this was
intended to be a state-of-the-art design for a bioswale and explained the problems it has
been causing.
Supt. Gray further reported on a letter that the City received from the New York State
Department of Transportation regarding traffic signals and road maintenance for the
state routes through the City. The letter stated that the City was not maintaining either
adequately enough, so the State would be taking responsibility for them, which would
mean that funding from the State to the City for maintenance would cease. He
explained staff’s response to the letter and the difficulties they have been experiencing
in working with staff from the DOT. He explained in more detail the history and situation
as well as the financial implications of the State’s decision. He noted that
reimbursement from the State has not matched the City’s cost for maintenance of the
routes in a while. He stated that the State has given the City sixty (60) days to respond
to their letter, and noted that it is not clear whether the same letter was sent to the other
twenty-six (26) municipalities in New York State as well.
APPROVAL OF MINUTES:
Approval of the December 15, 2010 Board of Public Works Meeting Minutes –
Resolution
By Commissioner Wykstra: Seconded by Commissioner Warden
RESOLVED, That the minutes of the December 15, 2010 Board of Public Works
meeting be approved with noted corrections.
Carried Unanimously
ADMINISTRATION AND COMMUNICATIONS
Commissioner Warden voiced his concern regarding reported inefficiencies and loss of productivity occurring in the
water and sewer department due to the implementation of new IT protocols.
Commissioner Goldsmith voiced his concern regarding the adequacy and efficiency of the Board of Public Works,
which are harmed by the ongoing vacancy on the board. He feels that it is very important to have all the seats on the
Board filled to provide a more diverse and larger spread of information. He feels that being persistently short one
member is problematic. He further stated that currently there are two Board members whose terms will expire
December 31, 2010 who provide a great deal of information as a result of their liaison positions and tenure on the
Board. He stated that if they are not reappointed, he will not be able to fill the void they will leave. He understands the
difficulty in obtaining people to serve on the Board since it does have so many meetings and liaison roles, as well as
its responsibility for a big portion of the City’s budget.
A brief discussion followed on the floor during which Commissioner Wykstra announced that he did not
wish to be reappointed, that he would continue to serve under the terms of the Charter, and that he
wished to be replaced before a viable and willing commissioner is replaced, and regarding Board
members whose terms will expire at the end of the month, their current involvement and work as liaisons
with various boards and committees, their desire for reappointment, and the Mayor’s plans to either
reappointment or replace them.
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December 22, 2010
CREEKS, BRIDGES, AND PARKS
Request for Funding to Treat Problem of the Emerald Ash Borer – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Wykstra
WHEREAS, Dr. Nina Bassuk, Cornell professor of Urban Horticulture and Chair of the
City's Shade Tree Advisory Committee, appeared before the Board on December 15,
2010 to present the committee's recommendations concerning the Emerald Ash Borer
and the imminent danger it presents to the City's urban forest, as well as the potential
costs that would be borne by the city to remove dead and dying trees if no steps are
taken, and
WHEREAS, the Emerald Ash Borer has done significant damage to urban areas in the
port cities of Chicago and New York City where it was accidently imported during the
1990's in shipping pallets and other wooden materials, and the borer has radiated out
from those locations despite significant efforts to eradicate and contain the pest, leading
to a significant loss of ash trees in both the urban and rural forests of the Midwest and
Northeast, the closest damage being only a county or two away from Tompkins County
itself, and
WHEREAS, The Board of Public Works is concerned about the potential loss of ash
trees in the city's urban forest with both visual and financial impacts, and regards the
Committee's recommendation for a professional evaluation (estimated at $2000)
followed by an initial inoculation program to treat those trees recommended as
candidates for treatment (estimated at $7500 to $11,000 depending on the number and
size of trees) as an important step in significantly reducing the impact of the Emerald
Ash Borer and the loss of trees within the City (estimated at 200 trees removed in the
next five years, at $1,200 per tree, for a current liability of $240,000 in the near term),
now therefore be it,
RESOLVED, That the Board of Public Works recommends that Common Council fund a
Tree Inoculation Program in the amount of $12,000 so that the Board may undertake a
timely effort to save as many of the city's ash trees as possible, and to reduce the
spread of the impacts that are certain to be felt as a result of the invasion of the
Emerald Ash Borer in our local forests.
Discussion followed on the necessity of this project and the Board’s full support of the
resolution. The resolution is in keeping with Shade Tree Advisory Committee Chair,
Nina Bassuk’s, recommendation for how to respond to this problem, and the importance
of being proactive.
Mayor Peterson noted, that as a member of Common Council, she would abstain from
voting on the resolution since it recommends a change to the 2011 budget that
Common Council will need to consider.
A Vote on the Resolution Resulted As Follows:
Ayes (5) Jenkins, Brock, Wykstra, Warden, Goldsmith
Nays (0)
Abstentions (1) Peterson
Carried
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT
Adoption of 2011-12 Schedule of Application, Renewal and Annual Use Fees for
Exclusive, Non-Transient Use of City-Owned Real Property - Resolution
By Commissioner Wykstra: Seconded by Commissioner Jenkins
WHEREAS, the City of Ithaca from time to time consents to the exclusive, non-transient
occupancy or use of real property it owns, by individuals, businesses or groups; and
WHEREAS, in the past, State auditors have expressed concern that the City was not
necessarily charging a consistent, fair market rate for such use of its property; and
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December 22, 2010
WHEREAS, in 2009, the Common Council adopted a revised version of Chapter 170 of
the City’s Municipal Code (now entitled “Use of City Real Property”), which sets forth an
approach to establishing the fair market rental value of City property that others are
allowed to use for exclusive purposes (by permit, license, easement or lease), which
approach requires the periodic determination, with the assistance of a professional
appraiser, of such value, for the various types of City property subject to such use; and
WHEREAS, Chapter 170 provides that the Board of Public Works shall establish (and
periodically update) a schedule of fees for certain permits, licenses and easements,
which shall include Application and Renewal Fees (that reflect the amount of time
typically required of City staff to process such applications), as well as annual Use Fees
for City property of various types, that reflect the properties’ fair rental value and include
a proportionate share of the cost to the City of the appraisal process; and
WHEREAS, in 2009, the City retained the services of Pomeroy Appraisal Associates to
assist the City in this regard, which consultant has produced a report (to be filed with the
City Clerk) that includes a range of fair rental values (from “low” to “high”) for each of 11
different categories of City property; and
WHEREAS, the Mayor named a working group to consult with the appraiser and to
make recommendations to Board as to fees, consisting of a representative from the
Board (Cynthia Brock) and involved staff (the Superintendent of Public Works, City
Attorney, City Chamberlain, City Clerk, City Controller and the Engineer who has
handled many licenses for the City - Lynne Yost), which group has met at least a dozen
times and has now brought such a recommendation to the Board; and
WHEREAS, any new schedule of Use Fees will take effect as of April 1, 2011, and will
run on an annual basis from April through March, and Chapter 170 provides that until
such new fees are in effect, the fees that were in place previously shall remain in effect;
now therefore be it
RESOLVED, That for any existing permits or licenses that expire before April 1, 2011,
staff is requested to charge the permit or license holder the same rate (quarterly or
monthly, as the case may be) for use between January 1, 2011, and March 31, 2011,
that was charged previously (i.e., for 2010), until the new rate can be noticed to the
permittee or licensee, and then applied as appropriate (per the provisions of Sections
170-10.D, E and F of the City Code); and be it further
RESOLVED, That, pursuant to Chapter 170 of the City Code, the Board of Public Works
hereby adopts the following schedule of fees (and notes thereto), as modified today, to
be associated with the non-transient use of City property, with the Application and
Renewal Fees (to occupy or use City property after March 31, 2011), as well as Use
Fees for new uses, to be effective immediately (upon certification hereof by the City
Clerk), and with the new Use Fees for renewal of existing licenses or permits to be
effective as of April 1, 2011, all of which shall remain in effect until modified by the
Board or by operation of the schedule itself:
Extensive discussion followed on the floor regarding rates for the two types of mobile
vending on the Commons – food and retail, whether there should be a difference in
price, and incorporating security deposits into the license fee. It was also noted, that
these fees can be adjusted as needed by the Board of Public Works.
Discussion followed on the floor regarding how to resolve the situation regarding the
use of boat slips. The Board felt that to approve this resolution as written would allow
that situation to continue and they weren’t sure if a separate resolution or vote should
be done for that type of use which is now considered parkland, which has specific
requirements for use.
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December 22, 2010
City Attorney Hoffman responded that boat slips are on the radar for both him and the
Mayor. This resolution is for temporary use until something else is done. He stated that
conversations need to be held with current license holders that boat slips are now
considered park land, that this license is temporary, and has a new fee associated with
it.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously
SCHEDULE OF APPLICATION, RENEWAL & ANNUAL USE FEES
FOR THE USE OF REAL PROPERTY OWNED BY THE CITY OF ITHACA
(as approved by the Board of Public Works on December 22, 2010)
PART I: APPLICATION & RENEWAL FEES
[Intended to reflect value of time typically required to be expended by City staff]
A. Application Fee (for initial/new application) - to be paid upon submission of
application form
- For Easements (temporary or permanent)
- Minimum: $300
- If processing requires more than 2 hours: add $100 for each additional
hour
[To be determined by Superintendent & City Attorney, plus Mayor if necessary]
- For Licenses (for encroachments and other, ongoing use of City real property;
annual; revocable; automatically renewable unless terminated)
- Minimum: $200
- If processing requires more than 2 hours: add $100 for each additional
hour
[To be determined by Superintendent & City Attorney, plus Mayor if necessary]
- For Permits (annual or seasonal only)
[Not applicable to Sign Permits or Special Event permits]
- Outdoor Dining: $100
- Mobile Vending: $100 (may also be subject to “damage deposit”)
- Other: $100
B. Renewal (or “Return”) Fee – to be paid upon application or within 30 days of
automatic renewal
- For Easements
- NOT APPLICABLE
- For Licenses
- $50/year
- For “Return” Permits (that are substantially the same as for previous year)
- $50
PART II: USE FEES (Annual) - for 2011-12 (April 1 to March 31)
[Intended to reflect fair rental value + apportioned cost of 2010 appraisal process;
see Note 3, in III.D, below, re: more complete description of listed categories.]
A. For Easements:
1. NO ANNUAL/USE FEE
2. One-time cost for easement to be decided by BPW on case-by-case basis
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December 22, 2010
B. For Licenses:
The Use Fee shall consist of the sum of the per-square-foot (or per-boat slip)
value selected by the Board of Public Works from the range provided by the
appraiser, PLUS 10% (see Note 1 in III.D, below, for details), as indicated here.
(This rate is for use of unimproved land - unless otherwise noted by # - in these
categories; value may be increased if City-provided improvements are included –
see Note 2 in III.D, below.)
From Range Total
1. Collegetown & college-oriented $2.87/sq ft/yr + 10% = $3.16
2. Ithaca Commons, primary or secondary
(not mobile vending or outdoor dining) $2.35/sq ft/yr + 10% = $2.59
3. Primary Highway Commercial
(Rt 13/Elmira Rd corridor) $1.00/sq ft/yr + 10% = $1.10
4. All Other Downtown Commercial Areas $0.59/sq ft/yr + 10% = $0.65
5. Marine Commercial Areas $0.41/sq ft/yr + 10% = $0.45
6. Light Industrial Areas $0.39/sq ft/yr + 10% = $0.43
7. All Other Residential Areas $0.30/sq ft/yr + 10% = $0.33
8. Boat Slips $350/slip/season +10% = $385.00
9. Other or Unique To be established by BPW on case-by-case basis
C. For Permits:
The Use Fee shall consist of the sum of the per-square-foot value selected by
the Board of Public Works from the range provided by the appraiser, PLUS 10%
(see Note 1 in III.D, below, for details), as indicated here. (This rate is for use of
unimproved land - unless otherwise noted by # - in these categories; value may
be increased if City-provided improvements are included – see Note 2 in III.D,
below.)
1. # Mobile Food Vending Sites $8.25/sq ft/half-yr + 10% = $9.07
(including “hot truck” sites) (for full-year, add 20%)
2. # Mobile Non-Food Vending Sites $4.13/sq ft/half-yr + 10% = $4.54
(for full-year, add 20%)
3. Outdoor Dining Sites (any location) $1.18/sq ft/half-yr + 10% = $1.30
(for full-year, add 20%)
PART III: NOTES & CONDITIONS
A. USE FEE SHALL BE WAIVED:
1. For minor encroachments (less than 40 square feet and not a mobile vending
cart).
2. For temporary encroachments or use (more than transitory, but not exceeding
5 consecutive days in duration, and not occurring more than 4 times in a year).
B. USE FEE MAY BE WAIVED at the discretion of the Board of Public Works:
1. Where an encroachment benefits a residential property, affects less than 40
square feet, and has existed for a substantial period of time without City objection, and
the City is not inconvenienced by its continuation on a revocable basis.
C. ANY FEE HEREIN MAY BE ADJUSTED OR WAIVED at the discretion of the Board
of Public Works, if it finds that special conditions exist.
D. OTHER NOTES:
1. The cost to the City of the 2010 valuation process (provided by Pomeroy
Appraisal Associates) was $25,000. Apportioned equally over the next 5 years, the
amount to be recovered through use fees is $5,000 per year. The Board of Public
Works has determined that this amount will be recovered by adding 10% to the per-
square-foot value that the Board has selected from each of the ranges provided in the
2010 Pomeroy Appraisal report.
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December 22, 2010
2. Unless otherwise indicated, the Use Fees shown above are for use of
unimproved land. If the land to be used includes City-supplied improvements - e.g.,
paving, landscaping, dock, etc - the BPW may supplement the Fee to reflect that added
value, on a case-by-case basis. See 2010 Pomeroy Appraisal Report for more details.
3. If licensed land is or becomes taxable, the amount of the tax will be added to
the Use Fee.
4. Use Fee rates are for 4/1/11 to 3/31/12; they shall be adjusted for any
increase in the Consumer Price Index (and on notice to licensee) in subsequent years,
until the City’s next appraisal update.
5. Categories of properties (listed in II.C&D, above) are more fully described in
the 2010 Pomeroy Appraisal report, which is available in the City Clerk’s office.
ADJOURNMENT:
On a motion the meeting adjourned at 7:00 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor