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HomeMy WebLinkAboutMN-BPW-2009-12-09BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. December 9, 2009 PRESENT: Mayor Peterson Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra OTHERS PRESENT: City Attorney - Hoffman City Controller - Thayer Superintendent of Public Works - Gray Acting Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent of Water and Sewer – Whitney Common Council Liaison – Zumoff Information Management Specialist - Myers City Chamberlain – Parsons Assistant Civil Engineer – Yost Alderperson Myrick EXCUSED: DAC Liaison – Roberts PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Power to Act Approval of the September 2, 2009, November 4, 2009, and November 18, 2009 Board of Public Works Meeting Minutes - Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins RESOLVED, That the Board of Public Works grant themselves Power to Act on the Approval of the Minutes of the September 2, 2009, November 4, 2009, and November 18, 2009 Board of Public Works meeting at the December 16, 2009 Committee of the Whole Meeting. Carried Unanimously SPECIAL ORDER OF BUSINESS A Public Hearing to Consider Certification of Assessment Roll for 2006, 2007 and 2007 Elmira Road Sidewalks Resolution to Open Public Hearing: By Alderperson Tripp: Seconded by Alderperson Jenkins RESOLVED, That the Public Hearing to Consider Certification of Assessment Roll for 2006, 2007 and 2007 Elmira Road Sidewalks be declared open. Carried Unanimously No one appeared to address the Board Resolution to Close Public Hearing: By Alderperson Tripp: Seconded by Alderperson Wykstra RESOLVED, That the Public Hearing to Consider Certification of Assessment Roll for 2006, 2007 and 2007 Elmira Road Sidewalks be declared closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Tripp requested the addition of item 12.1 under “Administration and Communications” entitled “Departure of Fellow Commissioner”. No Board member objected. Supt. Gray stated that there is a proposed substitute resolution from the City Attorney for item 7.1 entitled “Commons Clock Tower”. He explained this resolution provides more detailed information than the one provided with the agenda packets. Board of Public Works – December 9, 2009- Page 2 He further requested the addition of item 11.2 under “Water & Sewer” a Power to Act resolution entitled “Resolution on Choice of Consultant for Water Plant Design and Construction”. No Board member objected. MAYOR'S COMMUNICATIONS: Mayor Peterson reported that she met with Ithaca City School District Superintendent Pastel today to sign the agreement for the Albany Street curb cut. She stated that Traffic Engineer Logue issued the permit for the work today. Mayor Peterson further reported that an agreement was signed at the Special Joint Sewer Committee meeting today with NYSEG to do exploratory work regarding coal tar wells that may be on the property in preparation for clean-up. Mayor Peterson reported that Second Ward Alderperson Jennifer Dotson was heading up a Yard Waste Sub-Committee and asked if any of the Board of Public Works Commissioners were interested in volunteering to serve on the committee. Commissioner Jenkins volunteered to serve on the committee. COMMUNICATIONS AND HEARINGS OF PERSONS BEFORE THE BOARD: Whitney Larsen, Cornell University Student, addressed the Board regarding the Collegetown Trash Plan that she and fellow students, Chelsea Clarke, and Sarita Upadhyah, have been working on. She provided an update to the Board on the work that has been done towards implementation of their proposal that will need the Board’s approval. She stated that the trash cans have been purchased privately and will be donated to the City. The group went to the Public Art Commission who voted in favor of the proposal and offered their assistance. She stated that they have obtained a lot of neighborhood and business support for their proposal. Chelsea Clarke, Cornell University Student, addressed the Board regarding the Collegetown Trash Plan as well. She stated that coordination of trash pick up at the proposed additional locations throughout Collegetown needs to be coordinated. She stated that they also need to find some way to anchor the cans at each location and to protect the public art that will be installed on the trash cans. She further stated that a lot of education will also need to take place to help the program succeed. Sarita Upadhyay, Cornell University Student, addressed the Board regarding the Collegetown Trash Plan. She stated that they are meeting with the Landlord Association to help educate them on the trash plan as well. They are also working to obtain quotes to modify the trash cans to have the appropriate size openings. Fay Gougakis, City of Ithaca, addressed the Board in support of education of college students regarding noise levels on The Commons because of the residents who live there. She further addressed the Board regarding the ban on texting while driving, the bike lane on Green Street, and gas drilling. She urged the Board to protect the City’s water source from the gas drilling activities. The following merchants/downtown business owners/downtown employees addressed the Board in opposition to the removal of the one hour free parking in city parking garages and some offered possible alternatives to consider instead: Joseph Gaylord Deirdre Kurzweil Steven Hugo Kristen Lewis John Guttridge Gary Ferguson Board of Public Works – December 9, 2009- Page 3 RESPONSE TO THE PUBLIC Commissioner Wykstra thanked Ms. Gougakis for her reminder to protect the city’s water supply. He further stated that some of the information that the public referred to regarding alternatives to the loss of the free one hour parking would be useful to the Board. Alderperson Zumoff thanked the speakers for their comments and responded to comments made about a survey that was done about downtown parking. Commissioner Schlather thanked the speakers for their comments. He responded to comments made about the Collegetown trash plan proposal and questioned whether the City would be able to accommodate the eight additional sites for pick-up. He encouraged Acting Asst. Supt. for Streets and Facilities Benjamin to meet with the students and Alderperson Myrick to discuss the plan further. BUILDINGS, PROPERTIES, REFUSE, AND TRANSIT: Power to Act - Commons Clock Towers – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board grant themselves Power to Act on the Commons Clock Tower at the December 16, 2009 Committee of the Whole meeting. Carried Unanimously Proposed Collegetown Trash Plan – Discussion and Possible Resolution Mayor Peterson noted that a resolution was not provided for the Board’s consideration today. She suggested that Asst. Supt. for Streets and Facilities Benjamin, one or two Board of Public Works Commissioners, Alderperson Myrick, and possibly Alderperson Tomlan meet with the students to discuss the logistics of the proposal. Commissioner Tripp stated that she is not supportive of the proposal, based upon her experiences from the past because of the problem with household trash being placed in receptacles, as well as the additional costs to the City. She would like to see a pilot program with current trash can locations and the newly designed cans. Commissioner Tripp volunteered to serve as the BPW liaison to the noted meeting scheduled for January 13, 2010. Mayor Peterson requested that this item be placed on a January agenda keeping in mind the Cornell University break schedule, with possible power to act. 2010 Trash Disposal Rates – Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS the Board of Public Works has reviewed and discussed information from the Solid Waste Division and the Chamberlain’s Office regarding trash tags, and WHEREAS the Department of Public Works recommends the elimination of the 20 lb. trash tag, leaving only the 35 lb. trash tag for residents to purchase, now therefore be it RESOLVED, That the Board of Public Works eliminates the Small Tag and adjusts the purchase price of the 35 lb. tag from $4.00 to $3.25 per tag, effective January 1, 2010. Carried Unanimously Power to Act – Request for Easement for 934 Stewart Avenue - Resolution By Commissioner Tripp: Seconded by Commissioner Jenkins RESOLVED, That the Board grant itself Power to Act at the December 16, 2009, Committee of the Whole Meeting to review and vote on a request for an easement at 934 Stewart Avenue. City Attorney Hoffman stated that he reviewed the assessment department information for this address and noted that it is not a typical situation. He explained that the ramps from the house to the sidewalk are actually in the air because of the topography of the area. He suggested that staff from the Department of Public Works inspect the property to make sure they are comfortable with the railings and public sidewalk. A Vote on the Resolution Resulted As Follows: Carried Unanimously Board of Public Works – December 9, 2009- Page 4 HIGHWAYS, STREETS, AND SIDEWALKS: Certification of Assessment Roll for 2006, 2007 and 2007 Elmira Road Sidewalks – Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, notices of defect, public hearings and notices of assessment were provided to property owners related to the installation and repair of their sidewalk in 2008; now, therefore be it RESOLVED, That the Board of Public Works approves the finalization of the attached list of uncontested assessments including the 25% administrative fee required by City Code, and requests Common Council to direct the City Chamberlain to collect such assessments. Address Property Owner Tax Parcel # Charges 2006 Sidewalk 105 Lewis St Stephanie Hsu 27.-5-2 $250.00 2007 Sidewalks 402-404 Esty St. David W. Mitchell 51.-1-12 $7,844.65 216 Washington St Francine M. Wilson-Jasper 51.-6-9.2 $5,355.52 2007 Elmira Road Sidewalks 347 Elmira Rd. Katzkidd Investments 125.-2-1 $10,558.30 341-343 Elmira Rd Americo Real Estate Co 125.-2-2 $27,406.26 Asst. Supt. for Streets and Facilities Benjamin stated that NYSEG removed the sidewalks at 402-404 Esty Street/216 Washington Street when they were doing the removal of coal tar in that area. The City replaced the sidewalks and billed NYSEG for the work. Asst. Civil Engineer Yost reported that property owners received written notice of the pending bill two weeks ago; they also received notice about today’s public hearing. The time to protest the bill ended after the public hearing today. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the resolution be amended to remove the two sidewalks under the heading “2007 Sidewalks” for 402-404 Esty Street and 216 Washington Street pending investigation as to whether the bill has been paid and if it has then to expunge the bill, and be it further RESOLVED, That the title of the resolution be amended to read as follows: “Certification of Assessment Roll for 2006 and for 2007 Elmira Road Sidewalks – Resolution” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as Follows: Carried Unanimously Appeal of Sidewalk Assessment for 334, 334 and 328 Elmira Road - Resolution By Commissioner Schlather: Seconded by Commissioner Tripp WHEREAS, Reuben and Milton Weiner, owners of 334 Elmira Road (tax parcel 121.-1- 4) and 334 Elmira Road (tax parcel 121.-1-5) and 328 Elmira Road (tax parcel 121.-1- 1), received a 2006 sidewalk assessment for sidewalk work completed adjacent to their properties, and WHEREAS, the owners were notified on July 6, 2005 that the Board of Public Works was directing them to install new sidewalk at their own expense, and WHEREAS, after the owner deadline expired on June 15, 2006, City of Ithaca’s contractor installed sidewalk, driveway aprons, required curb and performed associated traffic maintenance, protection, and site restoration work, and Board of Public Works – December 9, 2009- Page 5 WHEREAS, Elaine Weiner spoke on behalf of Reuben and Milton Weiner at the Public Hearing held on June 6, 2007 protesting that no curb exists, the 25% administrative fee is a concern and requested an itemized bill, and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that city’s sidewalk crew completed the necessary sidewalk replacement work, and determines that the owner is responsible for payment, therefore and the Board further finds: • 66 feet of curb was reset at tax parcel #121-1-4 and 40 feet of curb was reset at tax parcel #121.-1-5; • the 25% administrative fee is required by City Code; • and an itemized bill can be provided along with the final bill, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 334, 334, 328 Elmira Road, and be it further RESOLVED, That the total sidewalk assessment including the 25% administrative fee shall remain at: AddressTax Parcel #Owner Assessment 334 Elmira Rd121.-1-4Reuben & Milton Weiner16,444.30$ 334 Elmira Rd121.-1-5Reuben & Milton Weiner11,723.88$ 328 Elmira Rd121.-1-1Reuben & Milton Weiner27,769.13$ Carried Unanimously Appeal of Sidewalk Assessment for 344 Elmira Road- Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, Byway Partnership, owners of 344 Elmira Road, received a 2008 sidewalk assessment for sidewalk work completed adjacent to their property, and WHEREAS, Byway Partnership received sidewalk notice in 2007, that the Board of Public Works was directing them to install new sidewalk at their own expense, and Marty McElwee, representing Byway Partnership has had several written and verbal communications with staff regarding concerns before and after the sidewalk work adjacent to their property, and WHEREAS, Mr. McElwee appeared at the March 4, 2009 Public Hearing to request that the 25% administrative fee on the proposed assessment be waived on the basis that: • his contractor, McPherson Builders, obtained a permit and constructed sidewalk adjacent to his property and would have also built the sidewalk segment the City built if he’d know it was required and; • his cost to do the work privately would have been one-third less than the City charged, and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by the owner and staff regarding the appeal; now therefore be it Board of Public Works – December 9, 2009- Page 6 RESOLVED, That the Board recognizes that city’s sidewalk crew completed the sidewalk replacement work, and notes that McPherson Builders performed the work without a permit and as a consequence did not discuss the required scope of work with the City of Ithaca and be it further RESOLVED, That during the protest investigation, it was discovered that the assessment was associated with the incorrect parcel, and be it further RESOLVED, That the Board hereby expunges the sidewalk assessment for 344 Elmira Road and requests that staff assess the correct owner. Discussion followed on the floor regarding whether or not proper notice was given to the appropriate property owner. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Resolution be amended to read as follows: “WHEREAS, Byway Partnership, owners of 344 Elmira Road, received a 2008 sidewalk assessment for sidewalk work completed adjacent to their property, and WHEREAS, Byway Partnership received sidewalk notice in 2007, that the Board of Public Works was directing them to install new sidewalk at their own expense, and Marty McElwee, representing Byway Partnership has had several written and verbal communications with staff regarding concerns before and after the sidewalk work adjacent to their property, and WHEREAS, Mr. McElwee appeared at the March 4, 2009 Public Hearing to protest the assessment; and WHEREAS, a subcommittee of the Board of Public Works has met with staff and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That during the protest investigation, it was discovered that the assessment should have been associated with a different parcel, and be it further RESOLVED, That the Board hereby expunges the sidewalk assessment for 344 Elmira Road and requests that staff determine and pursue the correct owner for payment as may be permissible by law. Carried Unanimously Main Motion As Amended: A Vote on the Main Motion As Amended Resulted As Follows: Carried Unanimously Appeal of Sidewalk Assessment for 118 Linn Street - Resolution By Commissioner Brock: Seconded by Commissioner Wykstra WHEREAS, Donald Spector & Stacia Zabusky, owners of 118 Linn Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to their property, and WHEREAS, a sidewalk defect notice dated June 29, 2007 was sent to the owners, and WHEREAS, on behalf of both owners, Donald Spector spoke at the March 4, 2009 Public Hearing and submitted a clarification letter dated May 13, 2009 at the request of the Sidewalk Task Force to appeal the assessment on the basis that: • the bill is illegitimate and legally unenforceable because the City had a duty to provide a forum for appeals regarding the need for the work prior to commencement of the work. The City destroyed the relevant evidence by removing the old sidewalk; • at the time of the original notice, the owners found about 2/3 of the proposed work excessive, but had no opportunity to appeal and were unsure what portion of the remaining work would be billed to them; Board of Public Works – December 9, 2009- Page 7 • the original notice did not provide information on ways owners could get work done; the only option mentioned was that the City would do the work; • the City failed to complete the work on its original timetable and had the owners been given accurate information on the period of time available to arrange work, they would have done so for 10% to 15% of the City bill, based on research by Bryn Lovejoy-Grinnell; • a legitimate charge is 10% to 15% of the amount in the proposed assessment; WHEREAS, a subcommittee of the Board of Public Works has met with staff, and reviewed information provided by the owners and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that City’s contractor completed the sidewalk replacement work, and determines that the owner is responsible for payment because: • There is no record of informal appeal from either owner regarding the defect notice dated June 29, 2007, until 2009 a year after the time of the work although City contact information was included within the notice. The defect notice is a record of sidewalk condition on June 28, 2007 when it was created and on April 15, 2008 when it was reviewed and revised. A formal opportunity for appeal was provided at the Public Hearing held on March 4, 2009; • The defect notice was created using long-established inspection criteria. The notice shows large cracks, several missing pieces, spalling, holes and several joints out of level, all classified as the more serious “condemnable condition. This information was reviewed and revised by Ray Benjamin and Lynne Yost when the sidewalk was painted on April 15, 2008 in preparation for construction activities. The owner was billed for 62% of the sidewalk area that was replaced. A small section of driveway apron without noted defects located adjacent to the curb was replaced for sidewalk crew convenience and the owner was not charged for that work. There is no record of owner contact regarding disagreement with the inspection results until public hearing appearance. A portion of the driveway was added in at City expense for construction convenience; • The original notice stated that “if you have any questions, please do not hesitate to contact <name> at <phone> or <email>.” A list of frequently asked questions and answers first written in 2006 that discussed owner work was likely enclosed with the defect notice, although that cannot be confirmed via City records; • The timetable for the work mentioned in the defect notice was the statement “The City has tentatively scheduled your property for this year.” Owners who communicate their intentions to complete their repairs to the City and move forward with their plans are routinely accommodated, occasionally on short notice. The estimate provided by Bryn Lovejoy-Grinnell is unrealistic, with the possible exception of owners who had no material, labor or equipment expenses for removal and installation other than concrete and adequate knowledge, experience and skill to complete the work in accordance with City specifications themselves. Pending work by City of Ithaca was indicated by pink sidewalk paint and notice of the work posted at the property. There is no record of contact from the owners objecting to the pending work; • City charges are based on a long series of competitive public bids for sidewalk repair work and a small inflationary adjustment added each year. Owners retain the option to seek better prices by arranging their own work, and be it further RESOLVED, That the Board hereby denies the request to expunge the sidewalk assessment for 118 Linn Street, and be it further RESOLVED, That the sidewalk assessment including the 25% administrative fee required by City Code remain at $3,760.04. Board of Public Works – December 9, 2009- Page 8 Commissioner Schlather requested that the property owner, Donald Spector, be allowed to address the Board regarding this item. The Board agreed. Mr. Spector read from the City of Ithaca Municipal Code the section relating to the requirements for the City to notify property owners of required sidewalk repair work. He explained the history of the sidewalk work, notice, and correspondence he received from the City about his property. Mayor Peterson noted that Mr. Spector read from the 2007 City of Ithaca Municipal Charter which has since been amended since the time of the work on his property. Discussion followed on the floor regarding what the initial notice to the property owner stated and the process the City follows when notifying property owners of required sidewalk repair work. It was determined that it was not clear which version of the initial notification letter was sent to Mr. Spector as the City does not have those records. Commissioner Schlather requested that the City Attorney review the City Charter that was in effect at the time of this work to determine what process the City was required to follow and what the property owner’s responsibility was at that time. Power to Act – Appeal of Sidewalk Assessment for 118 Linn Street, Appeal of Sidewalk Assessment for 120 Linn Street, Appeal of Sidewalk Assessment for 122-124 Linn Street, Appeal of Sidewalk Assessment for 128 Linn Street, Appeal of Sidewalk Assessment for 405-407 North Aurora Street - Resolution By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works grant themselves Power to Act on the Appeal of Sidewalk Assessment for 118 Linn Street, Appeal of Sidewalk Assessment for 120 Linn Street, Appeal of Sidewalk Assessment for 122-124 Linn Street, Appeal of Sidewalk Assessment for 128 Linn Street, Appeal of Sidewalk Assessment for 405-407 North Aurora Street at the December 16, 2009 Committee of the Whole Meeting. Carried Unanimously Appeal of Sidewalk Assessment for 430 North Aurora Street By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, James W Lane, owner of 430 North Aurora Street, received a 2008 sidewalk assessment for sidewalk work completed adjacent to his property, and WHEREAS, a sidewalk defect notice was sent to the owner dated July 6, 2007, and WHEREAS, the owner filed a written appeal dated February 18, 2009 to the assessment on the basis that his defect notice indicated that none of the planned work was owner responsibility so he took no action. WHEREAS, a subcommittee of the Board of Public Works has met with staff, and reviewed information provided by the owner and staff regarding the appeal; now therefore be it RESOLVED, That the Board recognizes that the city sidewalk crew completed the sidewalk replacement work, but has determined that the property owner is not responsible for payment because of a notice error, and be it further RESOLVED, That the Board hereby expunges the sidewalk assessment for 430 North Aurora Street. Carried Unanimously Board of Public Works – December 9, 2009- Page 9 PARKING AND TRAFFIC: 2010 Parking Rates - Resolution By Commissioner Schlather: Seconded by Commissioner Brock WHEREAS, the Board of Public Works has considered proposed 2010 rates for municipal parking facilities in order to meet the adopted 2010 budget revenue projection; now, therefore be it RESOLVED, That the Board of Public Works adopts the proposed 2010 municipal parking rates as follows in the attached table; and, be it further RESOLVED, That during the Spring of 2010 (May meeting, January to April data) the Board of Public Works shall review the revenues generated by, and the use levels of, these parking facilities in order to assess and determine whether further adjustments are required to meet revenues for the balance of 2010; and be it further RESOLVED, That a West End Parking Permit system be established for the surface off- street parking lots located on Inlet island and on Fulton Street, effective July 1, 2010 at a proposed quarterly rate of $60; and be it further RESOLVED, That all monthly permit charges in all parking facilities shall be increased annually in future years by 3 percent on January 1st unless the Board of Public Works directs otherwise hereafter. Monthly Permits Actual 2009 Rates Effective 8/1/09 Proposed 2010 Rates Effective 1/1/10 Proposed 2010 Rates Effective 8/1/10 Seneca Garage, Day and Night All Levels $76.00/mo $80.00/mo $80.00/mo Contract with Hotel1 $45.03/mo $45.03/mo $46.38/mo Contract with Ciminelli2 $76.00/mo $80.00/mo $80.00/mo Contract with Thomas3 $76.00/mo $80.00/mo $80.00/mo Green Street Garage, Day and Night All Levels $64.00/mo $70.00/mo $70.00/mo Contract with Ciminelli2 $50.50/mo $50.50/mo $50.50/mo Contract with Thomas Assoc.3 $50.50/mo $50.50/mo $50.50/mo Cayuga Street Garage, Day and Night All Levels, including long-term storage $54.50/mo $56.00/mo $56.00/mo Contract with Ciminelli2 $44.90/mo $44.90/mo $44.90/mo Contract with County (Library)4 $44.90/mo $44.90/mo $44.90/mo Contract with Thomas Assoc.3 $44.90/mo $44.90/mo $44.90mo Premium Area Rates $100.00 $103.00/mo $103.00/mo Dryden Road Garage Day 6:00 a.m. – 9:30 p.m. $107.00/mo $110.00/mo $110.00/mo Night 6:00 p.m. – 6:00 a.m. $107.00mo $110.00/mo $110.00/mo Day and night (24 hours) $214.00/mo $220.00/mo $220.00/mo Other Non-Meter Permit Parking Contract with County (DSS)4 $44.90/mo $44.90/mo $44.90/mo Weekly Rates Actual 2009 Rates Effective 1/1/09 Proposed 2010 Rates Effective 1/1/10 Proposed 2010 Rates Effective 8/1/10 Seneca Garage, Day and Night $23.00 Green Street Garage, Day and Night $20.00 Dryden Road Garage, Day OR Night $32.00 Dryden Road Garage, 24 Hours $64.00 Hourly Rates Actual Proposed Proposed Proposed Board of Public Works – December 9, 2009- Page 10 2009 Rates Effective 8/1/09 2010 Rates Effective 1/1/10 2010 Rates Effective 6/1/10 2011 Rates Effective 1/1/11 Seneca, Green, Cayuga Street Garages6 0 – 1 0 0 $.50/hour $1/hour Every hour thereafter $1/hour $1/hour $1/hour $1/hour Maximum $10/day $10/day $10/day Dryden Road Garage 0 – 24 $1/hour $1/hour $1/hour $1/hour Maximum $12/day $15/day $15/day $15/day Dryden Road Summer Rates (June 1 – August 15) 0 – 24 $0.75/hour $0.75/hour $0.75/hour $0.75/hour Maximum $12/day $15/day $15/day $15/day Bulk Purchase: Garage Tokens or Value Card $26.00/ 40 hours $26.00/ 40 hours $26.00/ 40 hours Parking Meters and Pay and Display Surface Lot: Green Street Garage7 $1.50/hour 2 hour max $1.50/hour No max $1.50/hour No max $1.50/hour No max Downtown $1.00/hr 2 hr. max $1.00/hr 2 hr. max $1.00/hr 2 hr. max Collegetown $1.00/hr 2 hr. max $1.00/hr 2 hr. max $1.00/hr 2 hr. max Thurston & Stewart Ave. & Edgemoor $0.25/hr 9 hr. max $0.25/hr 9 hr. max $0.25/hr 9 hr. max 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. There has been a decrease in the CPI between August 1, 2008 and August 1, 2009, so no change has been calculated. We can look at this again next year if the CPI starts going up. 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 expires October 31, 2010. 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. Board of Public Works – December 9, 2009- Page 11 5 – 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. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board of Public Works authorize only the monthly and weekly permit rates as specified in the chart for resolution 9.1 entitled 2010 Parking Rates effective January 1, 2010. Carried Unanimously Commissioner Schlather stated that his suggestion is that next week at the December 16, 2009 Board of Public Works Committee of the Whole meeting the Board will give itself Power to Act to approve a resolution that will include those and then it will clearly say that it supersedes this resolution. Commissioner Brock questioned the weekly rates in the chart because it is blank in the resolution. Supt. Gray responded that he was responsible for that. City Chamberlain Parsons handed that it in and we discovered that the Board had actually set weekly rates in the middle of last year and he didn’t know whether to increase them by a dollar, he couldn’t just do it by3%; he didn’t know what the Board would accept and so he left them alone. Commissioners Schlather and Tripp agreed to “do over” the above amending resolution as follows: Commissioner Schlather stated that he would recommend that the Board add a dollar to each one of those numbers. City Chamberlain Parsons stated that those rates were established at a premium over the regular monthly rates. She feels very comfortable if a dollar is added to each of those because it gives the City flexibility if somebody wants the first week of May for instance, to issue that kind of permit, and they are still paying a premium over the regular monthly rate. Amending Resolution: By Commissioner Schlather: Seconded by Commissioner Tripp RESOLVED, That the Board approve both the monthly permits and weekly rates as specified in resolution 9.1 with the further modification that the weekly rates are adjusted to $24.00 effective January 1, 2010 and August 1, 2010 for Seneca Garage, the Green Street Garage day and night $21.00, for the Dryden Road garage day or night it is $33.00 and for the Dryden Road garage twenty-four hours it is $65.00, and be it further RESOLVED, That this authorization will expire when and if this Board supersedes it by any resolution adjusting any of the other parking rates; including these rates hereafter. Carried Unanimously Board of Public Works – December 9, 2009- Page 12 Main Motion As Amended: A Vote on the Main Motion As Amended Resulted as follows: Carried Unanimously Power to Act – Parking Rates – Resolution By Commissioner Schlather: Seconded by Commissioner Wykstra RESOLVED, That the Board of Public Works grant themselves Power to Act on the 2010 Parking Rates at the December 16, 2009 Committee of the Whole Meeting. Carried Unanimously WATER AND SEWER: 2010 Water and Sewer Rates – Resolution By Commissioner Schlather: Seconded by Commissioner Jenkins WHEREAS, the City of Ithaca Common Council adopted a budget that includes revenue projections for the Water and Sewer fund, and 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 2009, 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, 2010: Basic Rates (per 100 cubic feet): Water $3.32 Sewer $4.43 Minimum Billing (per quarter year) Meter Size Cubic Feet Allowed (x100) Water Sewer Total Small 12 $ 39.84 $ 53.16 $ 93.00 1" 32 106.24 141.76 248.00 1.5" 55 182.60 243.65 426.25 2" 112 371.84 496.16 868.00 3" 160 531.20 708.80 1,240.00 4" 241 800.12 1,067.63 1,867.75 6" 421 1,397.72 1,865.03 3,262.75 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 Board of Public Works – December 9, 2009- Page 13 • 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. • All other special services: To be billed at cost (including overhead) with supporting bill documentation. Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 7:35 p.m. Sarah L. Myers Carolyn K. Peterson Information Management Specialist Mayor