HomeMy WebLinkAboutMN-BPW-2009-06-10BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 4:45 p.m. June 10, 2009
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Deputy City Controller - Andrew
Superintendent of Public Works - Gray
Acting Assistant Superintendent of Streets and Facilities - Benjamin
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Zumoff
DAC Liaison – Roberts
Information Management Specialist - Myers
Traffic Engineer – Logue
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
Approval of the August 9, 2006 Board of Public Works Meeting Minutes -
Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the August 9, 2006 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously
Approval of the May 6, 2009 Board of Public Works Meeting Minutes - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the May 6, 2009 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously
Approval of the May 20, 2009 Board of Public Works Meeting Minutes - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Minutes of the May 20, 2009 Board of Public Works meeting be
approved with noted corrections.
Carried Unanimously
Power to Act – Approval of the May 13, 2009 and May 27, 2009 Board of Public
Works Meeting Minutes - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the Board of Public Works grant themselves Power to Act on the
approval of the minutes of the May 13, 2009 and May 27, 2009 Board of Public Works
meeting at the June 17, 2009 Committee of the Whole Meeting.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Superintendent Gray requested the addition of the following items:
7.4 – Power to Act on Award of Contract for GIAC Renovations – Resolution
8.1 – Conduit Agreement between City of Ithaca and Time Warner Cable – Resolution
A report on the Wood Street Basketball Court
A report on the Congo Square Market at Southside Community Center
No Board member objected.
Board of Public Works – June 10, 2009- Page 2
MAYOR'S COMMUNICATIONS:
Mayor Peterson welcomed Acting Assistant Superintendent of Streets & Facilities Ray
Benjamin to the meeting. Former Assistant Superintendent of Streets & Facilities Rick
Ferrel retired last week.
Mayor Peterson requested the addition of parking at Temple Beth-El to a future agenda
of the Board. Parking issues during Rosh Hashanah and Yom Kippur need to be
resolved.
COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD:
Stacey Black, Town of Groton, addressed the Board regarding apprenticeship
requirements for city projects. He represents the local electricians’ union and stated that
all their apprentices either live in the city or in the county so there is great benefit in
putting people from the community to work for the community. There are many
advantages to this program and he encouraged the City to require the use of
apprentices for their projects.
Alex Parillo, Village of Candor, addressed the Board regarding apprenticeship
requirements for city projects. He represents the Laborers Local 785 and is the
apprenticeship coordinator for sixteen different fields of labor. He reported that most of
their apprentices are from the local community and explained the advantages of using
them in city projects. He encouraged the City to consider these things as they award the
project for renovations at GIAC.
Fay Gougakis, City of Ithaca, addressed the Board regarding the new “unsafe” bike lane
on East Green Street and the danger it poses to bicyclists. She encouraged the Board
to reconsider this project for safety reasons.
Claudia Jenkins, on behalf of her sister, Patricia Cook, 621 West Green Street,
addressed the Board to report that the City recently planted a tree in her front yard
where there has not been one for 30 years. She does not want one and requested that
it be removed.
RESPONSE TO THE PUBLIC
Acting Asst. Supt. Benjamin responded to comments made about the tree in front of 621
West Green Street. He stated that the tree could not be removed until Fall in order to
save it for relocation to another area of the City.
Commissioner Schlather responded to comments made about apprenticeship
requirements for city projects and wondered if the Board should provide any type of
recommendation to Common Council about the requirement. He further responded to
comments made about the bike lane on East Green Street and noted that he thought a
valid point had been made regarding concern for bicyclists’ safety.
Mayor Peterson responded to comments made about the new bike lane on East Green
Street and noted that the new lane is awkward for bicyclists that may not want to go up
East State Street. She felt that Ms. Gougakis made a valid point about it being unsafe
for bicyclists who want to use the left hand lane and not travel up East State Street.
Supt. Gray apologized to Ms. Gougakis if she felt that he and the Board had dismissed
her concerns about bicyclist safety on East Green Street. He explained the history
behind the development of the bike lane on Green Street. He stated that he would ask
staff to review feedback on the new bike lane and report back to the Board.
Commissioner Brock thanked the speakers for their comments and noted that their input
is meaningful to the Board. She stated that bicyclists do have a right to ride in the center
of the traffic lane and that some roads are marked with “sharrows” to remind motorists
of that right. She suggested some educational outreach be done for the public regarding
bicyclists' rights, the purpose of sharrows, and bike lanes in order to promote safety.
Board of Public Works – June 10, 2009- Page 3
BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT:
Authorization of License for 7th Art/Cinemapolis Sign - Resolution
By Commissioner Schlather: Seconded by Commissioner Tripp
WHEREAS, on May 6, 2009, the Board of Public Works approved in concept (and with
certain conditions) a request from 7th Art Corporation (operator of Cinemapolis theaters,
which have recently been relocated to City-owned space beneath the Green Street
Parking Garage) for a license to attach two signs to said Garage, and
WHEREAS, further research by the City Attorney indicates that the proposed location of
one of the afore-mentioned signs (on the south face of the Garage) is within the
premises leased (for use) by the City to the Ithaca Urban Renewal Agency, and
subleased to Cayuga Green, LLC, as developer, and subsequently to 7th Art, and
WHEREAS, the other sign proposed by 7th Art is (two sided 18 inches tall and 8 feet in
length and occupies encroachment area within the meaning of Chapter 170 of the City
of Ithaca Municipal Code), and
WHEREAS, pursuant to amendments to Chapter 170 of the City of Ithaca Municipal
Code (now known as “Use of City Real Property”) recently enacted by Common
Council, the annual use fee for an encroachment is waived if the area encroached upon
consists of less than 40 square feet, now therefore be it
RESOLVED, That the Board of Public Works hereby determines that the sign proposed
by 7th Art for the south façade of the Green Street Parking Garage does not constitute
an encroachment, as it was contemplated in the lease and subleases under which 7th
Art occupies space, for consideration, beneath or associated with the Green Street
Parking Garage, and be it further
RESOLVED, That the Board hereby determines that the sign proposed by 7th Art for the
extension of the Home Dairy Alley, may involve an annual use fee under Chapter 170 of
the City of Ithaca Municipal Code to be determined by staff, and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney and the
Superintendent of Public Works, be and hereby is authorized to execute a revocable
license agreement, between the City and 7th Art Corporation, whereby 7th Art may
attach to the Green Street Parking Garage structure a sign (as requested) for its
theaters, in the Home Dairy Alley Extension, which license shall contain the usual terms
and conditions.
City Attorney Hoffman explained the resolution he provided to the Board at the start of
the meeting. He stated that he reviewed the lease document and the City owns the
garage and ground level. The City leased it to the Ithaca Urban Renewal Agency who
then sublet it to 7th Art Corporation. He further stated that the lease includes a provision
for signage on the facade of the garage on the south side of the garage (facing Green
Street) and the intent is to allow the sign to hang and project over the State’s right-of-
way and be included in the rent from the lessee. He does not believe this request
constitutes an encroachment. If the Board accepts that approach then it needs to make
a decision on the proposed sign to be located in Home Dairy Alley extension next to the
new theatre which is an area not included in the lease and under the new Land Use
legislation would be considered an encroachment. He explained the dimensions of the
sign, the language in the new legislation and suggested that the Board recommend no
fee right now with a revocable license so terms could be changed in the future if need
be.
Supt. Gray stated that he would not recommend a complete waiver of the fee. He noted
that the legislation does provide for exemptions; however, he would not grant it to other
businesses for commercial purposes. He suggested a nominal fee.
Discussion followed on the floor regarding the request, the new legislation and past
practice. Further extensive discussion followed on the floor regarding the design of the
sign, the location, the dimensions, and how measurements were calculated, including
the consideration of air rights.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Board of Public Works – June 10, 2009- Page 4
PARKING AND TRAFFIC:
Request for Hardship Inclusion into the Residential Parking Permit System –
Resolution
By Commissioner Brock: Seconded by Commissioner Jenkins
WHEREAS, the Board of Public Works (BPW) has promulgated regulations (adopted
June 9, 2004) for implementation of the Residential Parking Permit System, which was
established by Common Council on May 6, 1998 after an act of the New York State
Legislature, and
WHEREAS, in accordance with Section 260-4 of the City Code and in accordance with
the BPW regulations, the BPW may grant hardship requests, and
WHEREAS, the Board of Public Works has received a written petition for a hardship
request from Neil Schill and Anne Achenbach, the current owners of a single family
home at 108 Schuyler Place, and
WHEREAS, the Board of Public Works agrees with the City Transportation Engineer’s
recommendation to grant the request, and
WHEREAS, the Board of Public Works recognizes that the hardship is not self-imposed
but rather results from their property on Schuyler Place being included in the B-4 Zone
for business property along Seneca Way and up East State Street to Schuyler Place,
which excludes them from participate in the permit system, now, therefore be it
RESOLVED, That the Board of Public Works hereby approves the hardship request for
108 Schuyler Place, allowing the residents of said property to petition for the
establishment of a Residential Parking Permit System block, and to purchase parking
permits otherwise in accordance with the above-mentioned regulations, and be it further
RESOLVED, That the existing residential parking permit for the block shall stay in place
until a new petition has been received by the Clerk’s Office or until July 31, 2009,
whichever comes first.
Mr. Schill, property owner for 108 Schuyler Place, joined the Board for the discussion of
this item.
Traffic Engineer Logue addressed the Board and gave them the background information
on the reason for this request and the process that had been followed for issuing
residential parking permits for this block. He stated that the owners of 108 Schuyler
Place have a compelling case for their hardship request and noted that he supports the
request.
Discussion followed on the floor regarding what accommodations are made in the
legislation for hardship requests that involve health reasons and if there was a
requirement to include specific health reasons for a hardship request. It was noted that
municipalities should be careful about what they require in these cases as that is private
information. A simple statement that the hardship request is needed for medical/health
reasons should suffice.
Mayor Peterson noted that prior to this request the Planning Dept. had been reviewing
zoning on East State Street near Schuyler Place and were thinking that this property
should probably be rezoned.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Appeal of Trash Violation for 215 Ridgedale Road - Resolution
By Commissioner Tripp: Seconded by Commissioner Jenkins
WHEREAS, a recycling violation written for 215 Ridgedale Road on July 24, 2008, has
been appealed to the Board of Public Works by the property owner on the grounds that
it is unfair to charge the owner a solid waste fee for a simple mistake that is not a
habitual action, and
Board of Public Works – June 10, 2009- Page 5
WHEREAS, staff followed the Board’s standing policy to tag solid waste or recycling
materials with a warning tag that gives the property owner a twenty-four (24) hour grace
period to remove the improperly placed material in order to avoid the department
picking up the material and sending a bill for the special service, and
WHEREAS, City Code mandates the fee and special collection to assure that materials
are picked up or removed in a timely manner to protect public health and to avoid the
material being scattered by dogs, the wind or vandals, and
WHEREAS, Common Council denied the Board’s previous request to be able to
expunge a solid waste fee on the basis of a first time or infrequent occurrence, now
therefore be it
RESOLVED, That the Board of Public Works denies the request to expunge the $20
recycling violation for 215 Ridgedale Road dated July 24, 2008.
Carried Unanimously
Consent to Lead Agency Designation for Collegetown Terrace Apartments –
Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca Planning and Development Board has one pending
application for site plan approval for the Collegetown Terrace Apartments, located on
East State Street in the City of Ithaca by Collegetown Terrace Apartments, LLC
Applicant/Owner and
WHEREAS, the Planning Board has indicated its intention to act as lead agency for the
environmental review of a proposed site plan for the Collegetown Terrace Apartments;
and
WHEREAS, the applicant proposes to construct rental housing aimed at students with
approximately 1,260 bedrooms (a net gain of 625 bedrooms), a large majority of which
will be singly occupied, in new and existing apartment buildings on a contiguous site of
approximately 16.4 acres. The proposed new building design calls for seven new
structures, six of which will be 65’ wide with three or four stories of apartments and up to
two levels of parking at grade or below. Site development will require the demolition of
all existing buildings and associated structures, roadways, some vegetation, and
landscaping on the project site, with the exception of those buildings within the East Hill
Historic District. The project is on the R-3A and P-1 Zoning Districts and a portion of the
site is in the East Hill Historic District. This is Type I Action under both the City of Ithaca
Environmental Quality Review Ordinance (174-6 (B)(1)(d), (h)[2], [3] & [4] & (k), (n), &
(3) ) and the State Environmental Quality Review Act (617(b)(5)(iii) and is subject to
environmental review. An Environmental Impact Statement is anticipated for this project,
and
WHEREAS, the Board of Public Works may be an involved agency for the purposes of
environmental review of this action, now therefore be it
RESOLVED, That the Board of Public Works hereby consents to the designation of the
Planning Board as lead agency for the environmental review of the proposed
Collegetown Terrace Apartments.
Supt. Gray stated that he had a copy of the Long Environmental Assessment form if
Board members were interested in reviewing it. He further stated that the Board would
be involved in this project in the future as water and sewer permits are issued.
Board of Public Works – June 10, 2009- Page 6
It was noted that the Natural Areas Commission and Disability Advisory Council should
be contacted to provide input on this project as well.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Disability Advisory Council Liaison Roberts left the meeting at 6:10 p.m.
Power to Act – Award of Contracts for GIAC Renovations – Resolution
By Commissioner Schlather: Seconded by Commissioner Brock
RESOLVED, That the Board of Public Works grants themselves the Power to Act at the
June 17, 2009, Committee of the Whole Meeting to award contracts for the renovations
to the Greater Ithaca Activities Center.
Commissioner Schlather asked if the Board could be provided with the bid documents
as soon as possible. He also requested that the Board be provided with something that
would describe what the project looks like.
A Vote on the Resolution resulted as follows:
Carried Unanimously
HIGHWAYS, STREETS, AND SIDEWALKS:
Conduit Agreement between City of Ithaca and Time Warner Cable - Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership, a New York
General Partnership, organized and existing under the laws of the State of New York
(hereafter “Licensee), for its own use desires to place and maintain underground
facilities of its cable system in the City’s conduit system; and
WHEREAS, Licensee has represented to the City that Licensee needs this license
primarily in order to connect, and provide services to, the Tompkins County Public
Library, and
WHEREAS, the City is willing to permit, to the extent it may lawfully do so, the
placement of said cables, equipment and facilities in its conduit system where
reasonably available and where such use will not interfere with the City’s own uses, now
therefore, be it
RESOLVED, the Board of Public Works hereby approves a license agreement between
the City of Ithaca and Licensee, to be executed on behalf of the City of Ithaca by the
Mayor provided that such license agreement includes the terms and conditions as set
forth in the draft agreement reviewed by the Board (dated “ June 2009”), with the
following modifications: (1) the agreement shall be revocable upon one years’ notice;
and (2) the occupancy fee shall be the larger of: (a) the amount specified in Appendix 1
of the draft agreement, or (b) such amount as determined hereafter under Chapter 170
of the City of Ithaca Municipal Code, including all administrative and application fees
required thereunder.
Supt. Gray reported that Time Warner has been trying to get a connection to the library
for a long time and would like to move forward with this project as soon as they can. He
stated that staff have told him that this is not a problem and would recommend that the
Board grant approval.
Discussion followed on the floor about what the service would provide, would it be in
place for use during the summer while school is out and whether there is space in the
conduit to accommodate their use as well as any future use the city might have.
Supt. Gray stated that there is legislation in place that does not allow for overhead wires
and the city does have plenty of room in the conduit to accommodate their request.
Discussion followed on the floor regarding the rate that would be charged for the use of
the conduit, whether it is a fair market rate, and the need to request that the agreement
be revocable upon one years’ notice in case changes are required under the new land
use legislation the City just adopted.
Board of Public Works – June 10, 2009- Page 7
Mayor Peterson noted her reservations about proceeding with a vote on this today as
she has not had a chance to read the agreement. She also has concerns about the
changes the Board has proposed. She would prefer to have the resolution come back to
the Board after further review by the City Attorney.
A Vote on the Resolution resulted as follows:
Ayes (4) Schlather, Wykstra, Brock, Jenkins
Nay (2) Tripp, Peterson
Abstentions (0)
Carried
CREEKS, BRIDGES, AND PARKS:
Lead Agency Declaration for the Environmental Review of the Cayuga Waterfront
Trail Phase 3 - Resolution
By Commissioner Schlather: Seconded by Commissioner Jenkins
WHEREAS, the State Environmental Quality Review Act (SEQR) and the City of
Ithaca Environmental Quality Review Ordinance (CEQR), Section 176 of the City
Code, require that a lead agency be established for conducting environmental
review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary
responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed construction of Phase Three of the Cayuga Waterfront
Trail is a “Type I” action under CEQR and is an “Unlisted” action under SEQR;
now, therefore, be it
RESOLVED, That the City of Ithaca Board of Public Works does hereby declare its
intent to be lead agent for the environmental review of the proposed construction of
Phase Three of the Cayuga Waterfront Trail, and be it further
RESOLVED, That notice of this intention be provided in a timely manner to all involved
agencies.
Traffic Engineer Logue addressed the Board to explain the status of Phases I and II of
the Cayuga Waterfront Trail. He explained that as part of the environmental review
process that a lead agency needs to be designated. He further stated that it has not
been determined whether Phase III of the trail will need to go through site plan review,
but he does not believe that it will. This will also need to go before Common Council
who will need to approve of the funding.
Mayor Peterson stated that the Planning Board would like to be the lead agent. She
further stated that there has been some inter-departmental discussions and that
normally the first step in this process would be that a declaration of intent to be lead
agent would be made.
Extensive discussion followed on the floor regarding the process that is normally
followed for environmental review of projects and what Board would be the most
appropriate to be the lead agent.
A Vote on the Resolution resulted as follows:
Ayes (4) Schlather, Brock, Jenkins, Wykstra
Nays (2) Tripp, Peterson
Abstentions (0)
Carried
ADMINISTRATION AND COMMUNICATIONS:
Mayor Peterson stated that there would be a Special Common Council meeting to
discuss water plant issues relating to redundancy, implementability, and reliability on
June 24, 2009 at 5:30 p.m. That means if the Board of Public Works wants to have a
special meeting that day as well that perhaps it should start earlier. She suggested 3:30
p.m. and the Board agreed to that earlier time.
Board of Public Works – June 10, 2009- Page 8
Mayor Peterson left the meeting at 6:55 p.m.
WATER AND SEWER:
Appeal of Water Bill for 118-138 Prospect Street – Resolution
By Commissioner Tripp: Seconded by Commissioner Wykstra
WHEREAS, on April 4, 2007, City Water Meter Technicians found the water meter
bypass open, the City’s lock and chain cut and removed at 118-138 Prospect Street,
contrary to Rules and Regulations adopted by the Board. The Water Meter Technicians
also observed that little consumption had been registered by the water meter, and
WHEREAS, there was no reliable reading from the water meter on which to base an
estimated bill for the quarterly water consumption. There was also no long term
consumption history from previous years covering the same quarterly billing period on
which to base an estimated bill. {The building had just recently undergone a big use
change, a conversion from the Babcock Hall Offices to the City View Apartments}, and
WHEREAS, an estimated maximum consumption of 4,000-hcf totaling $24,840.00 was
estimated based on an assumed high flow rate through the bypassed meter and billed
on May 1, 2007 for the quarter ending March 30, 2007, and
WHEREAS, on May 25, 2007 Ithaca Renting provided subsequent documentation that
the bypass had been unintentionally compromised by a plumber performing a required
backflow prevention test, and
WHEREAS, Marc Albanese, Chief Inspector of Plumbing for the City of Ithaca had
come to the same conclusion during his inspection on May 7, 2007, and
WHEREAS, the City of Ithaca now has two good representative quarters of
consumption for this property from the April 1, 2008 and the April 8, 2009 meter
readings, now therefore be it
RESOLVED, That the City of Ithaca expunges the $24,840.00 billed on May 1, 2007,
and be it further
RESOLVED, That the City of Ithaca estimates the bill for the quarter ending March 30,
2007 based on an average of the same quarterly consumption from 2008 and 2009.
The average amounts to 1,071-hcf, from 1,292-hcf for the quarter ending April 1, 2008
and 850-hcf for the quarter ending April 20, 2009. At the 2007 rate of $6.21/hcf the new
estimated bill totals $6,650.91 and directs staff to reissue a corrected bill of $6,650.91
plus two years’ simple interest at 9% (2 x .09 x $6,650.91 = $1,197.16) for a total bill of
$7,848.07.
Carried Unanimously
Appeal of Water Bill for 109 Dryden Road – Resolution
By Commissioner Tripp: Seconded by Commissioner Schlather
WHEREAS, on September 30, 2008 the meter reading at 109 Dryden Road produced a
consumption reading of 2,326 units of 100 cubic feet (hcf) and the reading from the
outside remote was 2,013-hcf. The discrepancy between the inside meter reading and
the outside remote reading was 313-hcf. This difference was billed on November 1,
2008. The amount of that bill attributable to the 313-hcf at $6.64/hcf was $2,078.32, and
WHEREAS, both the water meter serial number tracking for this billing and the reading
discrepancies between the inside meter and the outside remote have been
documented, substantiated, and explained to the owner by Barb Frycek, Senior Meter
Technician, and
WHEREAS, the Board of Public Works resolved on February 11, 2009 to direct the staff
to make a final adjustment to the protested bills by prorating the discrepancy between
meter reading over the entire period between actual meter readings and then bill for
only the last six years when the period is greater than six years, and
WHEREAS, staff prepared an adjusted bill in accord with the BPW’s direction.
{reference attached spread sheet record of the adjustment made} The adjusted bill
reflected a reduction of $600.53, totaling $1,477.79, now therefore be it
Board of Public Works – June 10, 2009- Page 9
RESOLVED, That the billing for this account be credited $601.50 to reflect this
adjustment, less any credits applied to account to date.
Carried Unanimously
Appeal of Water Bill for 900 Stewart Avenue – Resolution
By Commissioner Wykstra: Seconded by Commissioner
WHEREAS, on October 20, 2008 the meter reading at 900 Stewart Avenue produced a
consumption reading of 1,271 units of 100 cubic feet (hcf). No outside remote was ever
installed at 900 Stewart Avenue, and
WHEREAS, the property has reportedly been vacant over a long period of time. The
owners did not opt to have the water meter removed and the water service shut off, and
have been paying the minimum bill all along. The last time the meter was actually read
was on January 25, 1996. Since the property was noted as vacant in the meter book,
the water meter was not read, and consumption was estimated at zero for the entire
time period, and
WHEREAS, the bill of December 20, 2008 in the amount of $18,099.04 reflected a
double charge for the 1,271-hcf consumption due to a duplicate data entry error. This
entry error was discovered and corrected on January 5, 2009 leaving a balance of
$9,049.52, and
WHEREAS, the Board of Public Works resolved on February 11, 2009 to direct the staff
to make a final adjustment to the protested bills by prorating the discrepancy between
meter reading over the entire period between actual meter readings and than bill for
only the last six years when the period is greater than six years, and
WHEREAS, staffs long term estimation of a zero read essentially created a situation
analogous to the inside meter outside remote discrepancy staff prepared an adjusted
bill in accord with the BPW’s direction. {reference attached spread sheet record of the
adjustment made} The adjustment considering only a 6-year span would reduce the bill
from $9,049.52 to $3,413.52, and
WHEREAS, the owner has been paying the minimum bill each quarter all along, and the
usage allowed under minimum billing for the entire period would effect a credit of 720-
hcf or $5,126.40 which more than negates the bill adjusted in accord with the BPW’s
direction of February 11, 2009, now therefore be it
RESOLVED, That all billing in excess of the minimum billing rate be expunged for this
account up to and through the March 23, 2009 bill.
Motion to Table:
By Commissioner Wykstra: Seconded by Commissioner Tripp
RESOLVED, That the Board table discussion of this item pending a new resolution that
will reflect suggested changes by staff to the July 8, 2009 regular voting meeting.
Carried Unanimously
REPORTS:
Superintendent Gray announced that there would be an opening ceremony for the new
basketball court at Wood Street Park on Friday, June 19, 2009 at 5:30 p.m. He invited
Board members to attend and say a few words. Commissioners Brock and Wykstra
stated that they would attend, and Commissioner Schlather stated that he would as well
and plan to say a few words.
Supt. Gray further reported that Southside Community Center would be hosting Congo
Square Market on Fridays from 4 pm to 8 pm starting June 12, 2009. Discussion
followed on the floor about what this would entail and if neighbors were notified. He
stated that if the Board didn’t object he would handle this request administratively and
report back to the Board on how it goes.
Commissioner Wykstra noted the need for Park Rangers in the Six Mile Creek Natural
Area.
Board of Public Works – June 10, 2009- Page 10
Acting Asst. Supt. Benjamin responded that the position got approved by the vacancy
review committee. Staff are waiting for the list of approved candidates from the Human
Resources department so they can begin interviews.
ADJOURNMENT
On a motion the meeting adjourned at 7:20 p.m.
Sarah L. Myers Carolyn K. Peterson
Information Management Specialist Mayor