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Home My WebLink About04-01-13 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, April 1, 2013, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. A ends 1. Additions or Deletions to Agenda (Items 1 -5: 15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes (5 min.) 6.1 June 11, 2012 Regular Meeting Minutes 6.2 March 11, 2013 Regular Meeting Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit A. Authorization for Temporary Easements for Construction of Marriott Ithaca Hotel — Resolution 8.2 Highways, Streets and Sidewalks 8.3 Parking and Traffic 8.4 Creeks, Bridges and Parks (10 min.) 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Food Truck Roundup Proposal from the Food Truck Association 9.2 Appeals of Snow Removal Bills a. 708 North Cayuga Street b. 1108 North Cayuga Street 9.3 Appeal of Use of City Property Fee from 10. FOR YOUR INFORMATION 10.1 Resolution and Recommendations of the Natural Areas Commission, regarding Gorge Safety, Important Views and the Walkway along Cascadilla Park Place 11. New Business 12. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the meeting. The Board of Public Works meets on the second, third and fourth Wednesdays of the months at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Notes for BPW Agenda, April 1, 2013 8.1A Authorization for Temporary Easements for Construction of Marriott Ithaca Hotel — Resolution The developers for Marriott Ithaca are requesting a temporary easement onto City property surrounding the site during the construction of the hotel. 9.1 Food Truck Roundup Proposal from the Food Truck Association After the Board's discussion of the Food Truck Roundup on March 11, 2013, Jes Seaver has worked diligently to create the enclosed proposal for your review and approval. 9.2 Appeals of Snow Removal Bills We have received two residents appealing the bills they received after the City plowed their sidewalks, both occurring on January 4, 2013. The climate summary from the Northeast Regional Climate Center at Cornell is enclosed for your review for the month of January 2013. 9.3 Appeal of Use of City Propertv Fee from Finger Lakes Boating Center Finger Lakes Boating Center has appealed the license fees and taxes that are charged for the use of 20 boat slips along Cayuga Inlet by Newman Golf Course. Pomeroy Associates completed an appraisal of city property in 2010, which was adopted at $350 /boat slip as the base rate. The 2011 -12 season (from April to March) rate of $385 /boat slip included a 10% appraisal fee. Each year there is a percentage increase to the previous year's fee according to the Consumer Price Index. In 2012 -13, the rate increase was 3.39 %; for the 2013 -14 season, the increase was only 1.74 %. The city's portion of the tax bill that was charged to Finger Lakes Boating Center has been reduced by $1,287 by the City Chamberlain. In reference to the comment in #2, "these are temporary docks and removed each winter and as such they are not the appropriate basis for a tax assessment," the docks are pulled out of the water, but are stored on the property. The property is not available for other use. The square footage that is used by the boating center as estimated on the GIS mapping system is 19,000± square feet, not 4,000 as stated in the letter. Even with reducing the square footage by 25% to account for the high water line, it still comes out to be 14,000 square feet. The Board of Public Works, because owners had already leased slip space in 2010 -11 season, reduced the slip fee to $220 /boat slip. For the following seasons, the Boating Center was aware of the new rates and had time to adjust their fees accordingly. Page 2 10. FOR YOUR INFORMATION 10.1 Resolution and Recommendations of the Natural Areas Commission, regarding Gorge Safety, Important Views and the Walkway along Cascadilla Park Place The Natural Areas Commission is concerned about the walkway along Cascadilla Gorge and Cascadilla Park Place, where an accidental death recently occurred. They have forwarded a resolution for the Board recommending signage and repairs to the walkway and fence. I'athU cjehrLwg, Executive Asslstoly t For R.UU gewjaVVttV'. Abtiv g superLwtewolewt of Public works Mo rch 28, 201s Page 3 8.1A Authorization for Temporary Easements for Construction of Marriott Ithaca Hotel — Resolution WHEREAS, Chapter 170, section 5, paragraph F of the City of Ithaca Code states that the authority to grant approval for a license for any other use of or encroachment upon City real property (except for an encroachment upon parkland, or as otherwise specified) or for a temporary easement (not exceeding one year) is and shall be vested in the Board of Public Works.. WHEREAS, Urgo Hotels, developer of the Hotel Ithaca project, requests a temporary easement for the purposes of constructing said hotel, located at 120 South Aurora Street, and WHEREAS the scope of work undertaken by the Hotel will include the installation of temporary shoring and anchoring, as well as the relocation of City storm sewer, and WHEREAS, the temporary construction easement will expedite the construction of the project while safeguarding and maintaining public infrastructure and public access to South Aurora Street, and WHEREAS, the Board of Public Works has determined that during construction of the hotel the portion of South Aurora Street to be occupied by the developer will not be needed for other City purposes, and WHEREAS, the Board of Public Works has determined that portions of the shoring and anchoring may be abandoned in- place, now be it RESOLVED, That the Board of Public Works grants a temporary easement for construction of the Hotel Ithaca to Urgo Hotels for the duration of one year, and be it further RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works, upon consultation with the City Attorney, to execute such a temporary easement for construction. Page 4 Food Truck Association of Ithaca Food Truck Roundup Proposal March 22, 2013 Contents: Food Truck Association of Ithaca Mission and Policies - pg. 2 -3 Food Truck Roundup Policy Proposal — pg. 4 -6 Roundup Proposed Location Map - pg. 7 Roundup Proposed Location Rendering — pg. 8 FTA Contact: Jes Seaver --- 607 - 351 -8737 — jesseaver @gmail.com Food Truck Association of Ithaca - Mission and Policies The Food Truck Roundup Mission: The Food Truck Association of Ithaca, or FTA, which was formed in October 2012, is an association of small businesses that own and operate premium food trucks in Ithaca, NY. Association members are focused on innovation in hospitality, high quality local foods and community development. The FTA aims to reinvent food truck vending in a way that is beneficial to local residents, business owners, food truck entrepreneurs, and their patrons, as well as the City of Ithaca. Goals: • Create community oriented vending opportunities for our members. • Create fun, clean and innovative environments for mobile vending. • Support local micro businesses, food truck entrepreneurs, and local food producers. Short Term Policy Goals: • Work with the City of Ithaca and local residents to create a policy for mobile vending "Roundups" on City property. • To act as a liaison and stakeholder in continuing to help the City of Ithaca develop an individual mobile vending policy for City property including metered and non metered parking along city streets. Community Impact: The FTA seeks to offer an outdoor dining and recreation experience for the summer /warmer months in Ithaca. It also seeks to promote Food Tourism in Ithaca and Tompkins County and promotes Roundups as an enhancement to the local food service economy. The Roundup will serve as a community building activity by creating a gathering location for informal group and resident interaction. Association By Laws, Rules, and Regulations Summery: • The FTA is a collective of Food Truck owners and operators. • The FTA has founding members who are the core group that creates policy and governs the Food Truck Roundup. • Currently the FTA is only open to food trucks and trailers, no open vending or tent vendors are allowed. 2 • Food Truck owners may petition the FTA for membership using an FTA application form. New members are voted in by the founding members with a 2/3 vote. • Guidelines for membership: local food component, clean and professional exterior and interior of truck, proper insurance, food type /style — complimentary menus. • Roundup Guidelines: 1 truck per 100 anticipated patrons per 4 hour period (this number reflects a bottom line number of potential revenue to the Food Truck owners, it is a reasonable reflection of what a business owner would need to produce to reasonably continue in business) • FTA Starting Members may vote if number of patrons is less than 100 to allow more trucks at the event. Founding Members: This group represents members who have been working on the Food Truck Roundup concept since October of 2012. Members have a vested interest in the Ithaca community and in the local food truck industry. Jes Seaver Mandy Beem - Miller Katy Walker Starting Group Members: This group represents the Food Trucks that would participate in the Thompson Park Roundup in 2013. This group represents business owners that have been working in food trucks or in the food service industry and are currently owners of Food Trucks. Mandy Beem - Miller — The Good Truck: Locally Driven Tacos Jes Seaver— Le Crepe de Luc: Handspun Crepes in the French Style Katy Walker — Silo: Farm to Food Truck Blake Fall Conroy — The Ice Box: Maryland Style Snowballs (shave ice) JP Vico — Circus Truck: Additions to this line up that would currently be considered for membership are Chinese, Vietnamese, Japanese, Thai, Indian, African, Caribbean etc. 3 Food Truck Roundup Policy Proposal The Food Truck Association of Ithaca — (FTA) Mission and Goals 2013 The Food Truck Association of Ithaca is a local business collective formed to increase the frequency and visibility of premium mobile food truck vending in Ithaca. Food Truck Roundups will be in locations that 3 - 7 food trucks can gather during peak meal hours to serve food and create a food court environment. A Roundup creates an environment that is fun, family friendly, and conducive to community building. Roundups also serve to support local micro businesses and local food producers. Food Truck Roundup at Thompson Park Location and Location Use: Road frontage parking spaces along the Cayuga St. and or Marshall St. sides of Thompson Park. Food Trucks would serve to the sidewalk side. Parking spaces would need to be blocked off beginning at 4:00pm at these locations. DPW will provide appropriate no parking signage that will be installed by FTA members following DPW instructions. FTA members will remove signage after Roundups and keep for installation of future round ups (the FTA is open to suggestions for other No Parking solutions). See No Parking Sign Schedule. The FTA will require 150' for parking of Food Trucks for the Roundup along Cayuga St (location #1) and 125' along Marshall St. (location #2). The Roundup will only use 1 location at a time — usually location 1. Location 2 will be used during events that use Cayuga St. such as the Ithaca Festival parade and Streets Alive etc. Please see attached map. A Pedestrian crossing cone is requested for the Cayuga /Farm and the Cayuga Marshall crosswalks during Roundup operating times. This will help to mitigate any issues with increased pedestrian street crossing traffic. DPW will provide the traffic cones and the FTA will place them in the crosswalk during operating hours and keep them for weekly use. Alternatively the FTA will purchase the proper cones with guidance from the DPW. The FTA will monitor the park for wear and tear. Reports will be given to the BPW on a monthly basis containing information on patron attendance during event hours, park use and any other information or incidents deemed pertinent. 4 Hours of Operation and Frequency: May 1 st — Sept 31 st, 2013 (22 weeks) Wednesdays - 5pm — 9pm- set up 4:30pm, tear down until 9:30pm Sundays —10am to 2:30pm set up 9am, tear down 3:OOpm Trash Removal: The FTA will provide garbage, recycling and compost receptacles and remove any and all waste produced at the site. FTA members will ensure that any litter left by patrons or passersby in the park is completely removed. Fees: Each individual food truck will pay a use fee that will be collected by the FTA and paid to the City of Ithaca of $20 per vending event. Fees will be delivered to City Hall once a week on Mondays. The FTA will charge a small fee to its members for waste disposal fee etc. Parking: Parking may take place along any city street where parking is permitted. The target demographic is primarily local pedestrians and those residents within walking distance; this includes both the Fall Creek and North Side communities. Parking complaints should be forwarded to the FTA manager and, if a long -term issue arises, reported to the BPW. Patrons will be discouraged from parking in local business lots. Emergency Plan: In the event of a weather emergency such as a thunder and lightening storm or wind storm, the FTA will shut down the Roundup and remain closed until after the storm emergency has passed. In the event of a medical emergency, Bangs Ambulance will be promptly called. Any incidents requiring emergency shut down or medical assistance will be reported to the Superintendent of Public Works within 7 days. No Parking Sign Schedule: No Parking signs will be set up 24 hours before the start of the Roundup set up hours. Signs will read appropriate times i.e. 4:30 pm Sign installation times: Tuesdays before 4:30pm Saturdays before 10am 5 Food Truck Roundup at Cass Park - Proposal creation in progress Location: North side of Cass Park exact location TBD based on existing events, parking and crowd flow. A walk through with park managers is requested. Times: Running May — Sept, 2013 (22 weeks) Weekly as well as for special events Days and times TBD based on further discussion with Park staff Details: The FTA would provide garbage, recycling and compost receptacles and remove all waste produced. 3 -5 food trucks is the initial attendance goal. Fees: Each individual food truck would pay a use fee that will be collected and paid to the City of Ithaca, suggested price $20 per vending event. The FTA will charge a small fee to its members for waste disposal fee etc. Food Truck Roundup Potential Future Locations: Stewart Park Washington Park Other City Property and Parks T Marshall Street Mill 1 r • � ' � oil 1 i 1 1� m rt i Crosswalk Cone W Vehicle Traffic M Food Truck ■ No Parking Sign Tree /Bush Utility Pole /Guy wire Compost/Trash Station • Farm Street Food Truck Roundup Proposed Location Map Thompson Park 0 50 100 Feet Roundup Proposed Location Rendering BY HAND Ms. Debra Whitney Chamberlain's Office 108 E. Green Street Ithaca, NY 14850 Peter J. Miller 708 N. Cayuga Street Ithaca, NY 14850 Dept. of Public works�� MAR 2 5 2013 office of the Superintendent and Engineering Division c 0? Re: 708 N. Cayuga Street -request for waiver of snow removal charge (Invoice # 00017509) Dear Ms. Whitney: I write to request the waiver of the $50.00 labor charge for sidewalk snow removal which was placed on my account earlier this year. I would have written this letter sooner and apologize for the delay, but I have been away quite a bit this winter and one of the clerks in your office told me that I could still request this waiver. As background, because I have tenants in one unit in my two family home, and also because I live on a busy street, I am always very conscientious about shoveling the snow from my sidewalk after snowfalls (and when I'm away my tenants do the same on my behalf), and I had shoveled my sidewalk several times in the days prior to the City doing this clearing. Accordingly, I was very surprised and upset when I received the $50.00 invoice for snow removal labor. I met with Cliff Murphy of the streets department to find out why this charge was imposed and he said that his crew cleared my sidewalk because a thin layer of hard packed snow had built up on the sidewalk. He acknowledged that few residents consistently shovel all the way down to the bare sidewalk but said that this was nonetheless the requirement. After meeting with Cliff I obtained salt and have used it since to make sure that my walk remains clear all the way down to the cement. As stated above, I and my tenants are always very careful to clear the sidewalk quickly after every snowfall. I did not realize, however, that the walk had to be clear all the way down to the bare cement. In my meeting with Cliff he acknowledged that N. Cayuga Street receives more scrutiny than many other streets because it is an emergency route and also has a lot of foot traffic. While I do not feel that selective enforcement of the snow removal rules is fair, I will continue to do my very best at all times to keep my walk clear of snow and ice. For these reasons it is respectfully requested that this labor charge be waived. Thank you for your time and consideration of this matter. Sincerely, Peter . Miller CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to : PETER MILLER 708 N CAYUGA St ITHACA NY 14850 Invoice Date : 01/10/2013 Invoice # : 00017509 Account # : 00004377 Due Date: 02/11/2013 Streets & Facilities Division General Billing Information (607) 274 -6580 Information specific to bill (607) 272 -1718 Property : 708 CAYUGA St N Invoice From: Streets & Facilities Invoice Ref. SNOW REMOVAL Entry Date Item Category Item Description Qty Price Total 01/04/2013 LABOR PUBLIC WORKS - REMOVAL OF 1.00 $50.00 $50.00 SNOW Total: $50.00 -�L-.iRL-nJ DUE f9f'& OF-- bOTF -t CO. cc cf fwpe� Additional Description: SNOW REMOVAL - DATE OF EVENT 12/30/12 BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR$3.00 PER MONTH, WHICHEVER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER 1 ST ARE ADDED TO THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING; AND COLLECTED AS A PART THEREOF. Make check payable to: Fir CITY OF ITHACA CHAMBERLAINS OFFICE `k 108 E GREEN STREET ITHACA NY 14850 PETER MILLER 708 N CAYUGA St ITHACA NY 14850 Return this portion with your payment Invoice Date : 01/10/2013 Invoice # : 00017509 Please Pay on or before $50.00 02/11/2013 Amount Paid INVO0017509 11111111111111111111 IN IIII 00000000000000000175090000000000000400000001000000005000000 708 N. Cayuga St.— Before 708 N. Cayuga St. —After t � 4 Superintendent of Public Works 108 E Green St. Ithaca, NY 14850 Dear Mr. Benjamin: RECEIVED L,ept. of Public Works MAR 0 5 2013 �u Ln February 28, 2013 I am writing to dispute a fee I am being charged for removal of snow from my sidewalk on January 4, 2013 (1108 North Cayuga St). I believe that there was an error and that this fine was mistakenly applied to my residence. I was home on January 4 and I have a routine of removing snow for myself and an elderly neighbor whenever there is snowfall. If I didn't remove my own snow, then I did not remove his either, but he did not receive any such notice. I believe it is impossible that this could have happened, and there must be a mistake in your records. Furthermore, while I don't recall the weather on that date, I've investigated this and found there was a total precipitation of 0.00 inches on January 4, 2013. There was also a total precipitation of 0.00 inches on January 3, 2013. You may see this for yourself by visiting one of the many websites that provide historical weather information. An example is provided below. www.wunderground.com /history /airport/KITH /2013 /1 /4 /DailyHistory.html ?reg city= NA &reg st ate= NA&req statename =NA Lastly, I received this bill 6 weeks after the snow removal allegedly occurred. It is unfair to submit this bill to me at such a late date when I cannot easily determine what actually occurred on that date (unlike a parking ticket which one receives at the time of the offense). Once again, I believe this fine was mistakenly applied to me, and with this letter, I request that you cancel this fine, and provide me with some kind of verification letter that I can keep with my records. Alternatively, if you have some evidence that there was snow removed from my sidewalk on that date (photos? affidavrts), would you please contact me and provide that evidence? Thank you for your attention. Respectfuliy, Charles Izzo 1108 North Cayuga St. Ithaca, NY 14850 CITY OF ITHACA 108 E GREEN STREET ITHACA NY 14850 Bill to : CHARLES V IZZO SANFILIPPO LISA 1108 N CAYUGA St ITHACA NY 14850 Property : 1108 CAYUGA St N Invoice From: Streets & Facilities Entry Date Item Category 01/04/2013 LABOR Invoice Date: 02/08/2013 Invoice # : 00017630 Account # : 00006031 Due Date: 03/11/2013 Streets & Facilities Division General Billing Information (607) 274 -6580 Information specific to bill (607) 272 -1718 Invoice Ref. SNOW REMOVAL Item Description Qty Price Total PUBLIC WORKS - REMOVAL OF 1.00 $50.00 $50.00 SNOW FROM SIDEWALK Total: $50.00 Additional Description: SIDE WALK SNOW REMOVAL BILLS NOT PAID WITHIN 30 DAYS ACCRUE A LATE PAYMENT PENALTY AT THE RATE OF TWELVE PERCENT PER ANNUM OR$3.00 PER MONTH, WHICHEVER IS GREATER, PURSUANT TO CITY CODE. BILLS REMAINING UNPAID ON NOVEMBER 1 ST ARE ADDED TO THE FIRST INSTALLMENT OF THE NEXT CITY TAX BILLING AND COLLECTED AS A PART THEREOF. Make check payable to: CITY OF ITHACA CHAMBERLAIN`S OFFICE '' II 108 E GREEN STREET ITHACA NY 14850 CHARLES V IZZO SANFILIPPO LISA 1108 N CAYUGA St ITHACA NY 14850 Return this portion with your payment Invoice Date : 02/08/2013 Invoice # : 00017630 Please Pay on or before $$0.00 03/11/2013 Amount Paid INVO0017630 f SINN 1111111111111 IINI II III 111111 NCI IIII! 11111111 oil 11 000000000000000001 763000000I300000fl04000000010000000050 00007 te_ukw fi- oice hitxinL, 1108 N. Cayuga St.— Before 1108 N. Cayuga St. After Ithaca Climate Summary Monthly Climate Summary for Ithaca, NY January 2013 http://www.nrcc.comell.edu/clirnate/ithaca/moncrt-01-13.html Day 1 - 2 3 4 5 6 Max Temp _ 34i- 28 25 30 34 33 37 Min Temp -_ 16 - 2 13 16 I - 27 23 25 23 17 Avg Temp _ 25__ .._ 15 19 23 31 28 31 29 29 Departure from Normal 9 1.. -5 -1 7 4 8 6 HDD 50 40_ 46 42 34 37 34 36 36 CDD 0 f _ -_0 0 0 0 0 0 0 0 Precipitation Trace - Trace 0.02 Trace 0.00 0.00 Trace 0.00 0.00 Snowfall 0.1 0.2 Trace Trace 0.0 0.0 Trace 0.0 Snow Depth - -- 8- r 8 - 8 7 7 5 5 4 7 8 9 34 40 0.0 10 - 11 12- - 47 40 31 - 27 39 - 34 _6_ _ 16 _ 11- _ 26 31 0 �0 0 0 0 0 0 0.00 - 0.00 0.07 Trace 0.03 0.00 0.06 0.0 0.0 - 0.0 0.0 0.0 0.0 0.7 - -0.2 - 1.0 _- 0.0 _Y 0.0 0.0 _1.0_ 0.0 _ Trac_e- -- 2.0 - -- 1.0 0.7 1.5 - 0.0 0.0- 0.0 8.4 2 Trace 0 0 0 _ _ 1 _ 1 _ _ _2 _ _1 - 0 0 1 - -1 - - 1 - - - _ 3 -- 40 35 _ 38 15 22 28 12 9 8 - -- 0 - - 1 - -- - 18 7 -7 - - -16 -- - - - 19 -_ 27 21 15 31 34 - 35- 43 42- 25 _ 36 50 59 - -62 13 49 39 44 50 14 15 58 42 42 26 27 - -27 - 10 -_ - 12 31 17 _ 6 -2 - -- 34 �_ 31 -. 30 22 - - -23 - 40 29 15 -- 6 16 17 34 _33 -- 34 - 34 -� 49 41 _. _0__.... 0 0 0 - 0 0 - _.. 0 - _ -- -0.02 - 0.04 - - 0.00_ _ 0.00 0.00 0.10 _ --- 0.00 --- Trac_e 18 19 -�..- 20 21 _22 23 _23 13 �- - - 24 --- 25 26 27 -11 - -- - 13- 15 19 -6 - -2_ - -3 - 6 11 10 18 32 - 63 -16 - -11 -12- 59- 54 55 47 I 33 - -.22 - 18 0 0 0 0 0 p - 0 0 -_ 0.03 -_r 0.05 0.01 0.02 6 1 3 -3 - - 2 - Trace 0 -_ 0 - 28 29 - -30 - -- 26 39 - - -50 -- 10 24 - --35 - -- -4 10 - - - -- 21 - -- 25 - 4.1 0.13 -- -0.29 - -- 0.78 1.67 31 59 34 47 - 26.7_ L- 22.6 Sums Averages Normals 1064 _ 34.3 _ __ _31.2 592 19.1 _ 13.9 - -W 1180 - 2.7 1316 _I _ 0 _ _- _ -2.12 _- 17_:_9 All observations are for the 24 hours ending at Sam on the date indicated. Click here for an explanation of the information contained in this chart. of 1 3/25/2013 12:10 PM CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CHAMBERLAIN Telephone: 607/274 -6580 Fax: 607/272 -7348 To: Board of Public Works From: Debra Parsons, City Chamberlain Re: Appeal of License Fee Date: March 21, 2013 RECEIVED Dept. of Public Works MAR 2 5 2013 Office of the SupeMntemWt and Engineemng Division received the attached letter from Mr. Flash on behalf of Finger Lakes Boating Center, LLC. The original calculation for this bill included the amount of City taxes, as determined by the County Assessment department. This was on oversight. The city taxes have been removed based on the Board resolution of March 16t ". I have notified Mr. Flash of the correction, and of the basis for the increases in the fees since the original charged in 2011. Mr. Flash would like to contest the basis for the establishment of the original fee. He would also like the City to challenge the assessment as determined by the County. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 GER s BOATING CENTER Debra Parsons Chamberlain, City of Ithaca 108 East Green Street Ithaca, NY 14850 March 20, 2013 Re: Use of City Property at along Golf Course and Inlet Tax Parcel 2.- 2 -2./1 730 Willow Ave, Ithaca, NY 14850 435 Old Taughannock Blvd. Phone: 607.272.9227 www.sailithaca.com Finger Lakes Boating Center (FLBC) appeals the fees and taxes that the City proposes charging for the use of land along the inlet for access to our docks that we rent to our customers. There are several grounds for this appeal: 1) The "fee" sought by the City is for the 20 slips along Cayuga Inlet. Those slips are created by docks we own and are not City docks. The proposed fee is $11,746.60 and includes City, County and School taxes. The County assesses the land at $1.00 and the total value of the parcel (1- 2 -1/1) at $99,000. Per the attached "Ad Valorem Rates" schedule the tax portion of that is $3,646.59 leaving the per slip license fee at $8,100 or $405 /slip. a. The proposed rate of $405 /slip /season represents a 12.86% increase over the $350 rate assessed in 2011 and collected in 2012. The CPI increase from 2011 to date is negligible if not negative and is certainly not 12.86 %. Perhaps the City slipped a digit and meant to calculate a 1.286% increase raising it to $354.50 per slip. b. There is no authority to levy City tax. The City Resolution approved March 9, 2011 (attached) allows "full recapture of County and School District property taxes now being assessed (on the basis of 'non-public' use) for the land in question...." Any requirement that the Finger Lakes Boating Center pay City taxes is simply increasing the license fee as the City simply pays itself any such tax collected. The City portion of the taxes is $13.08/1000 or $1,294.92 for this year and the proposed fee should be reduced accordingly. The School and County tax balance is, therefore, 2,351.67. C. Assuming a 1.286% increase in slip fee was intended and the City tax portion is deleted the net fee this year would be 7,090.00 + 2351.67 = 9441.67. 2) Please take notice that the above calculation for the amount due this year does not constitute an acceptance of the license fee and tax calculation going forward. The 2011 "License /Encroachment Agreement" is based upon the reclassification by Tompkins County of "the City owned land used for the docks as taxable ". (City letter of March 4, 2011— attached). These are temporary docks owned by FLBC and removed each winter and as such they are not the appropriate basis for a tax assessment. Their rental value is not something that can be taxed. The appropriate tax, if there is to be one at all, is on the .�►Nh & 730 Willow Ave, Ithaca, NY 14850 435 Old Taughannock Blvd. Phone: 607.272.9227 www.sailithaca.com land owned by the City and used by FLBC. The appraisal used to establish land value should be the basis for any tax assessment. The land consists of approximately 3,000 to 4,000 square feet between the public walkway and the high water mark (about 1 /10th of an acre). The Appraisal commissioned by the City that is the basis for the new fees also appraises waterfront land at approximately $165,000 /acre and, if used seasonally equates this to be $00.35 /sq. ft. By virtue of the appraisal the assessed value should be approximately $16,500 and that is the appropriate value upon which to assess county and school taxes over and above a license fee charged by the City. This letter then serves as a request that the City join the undersigned in grieving the taxes levied on its parcel. 3) This letter also serves as a request that the basis for the license fee be reconsidered for next year. It is inappropriate for the City to levy a license fee on that which it does not own. It does not own the docks and the appraisal clearly is based upon a perceived rental value of 20 slips that the appraiser appears to have assumed were owned by the City. Thus, the appraiser errs in deriving a real estate value that has become a taxed assessment based on a per slip fee. This mistake is evident in the following statement in the appraisal: "To allow the entrepreneur (e.g. marina operator) adequate incentive to rent the slips there must be sufficient profit beyond the annual slip paid to the City of Ithaca." a. Carried to its logical extreme, Finger Lakes Boating Center is considering reorienting the docks next season so that there is but one long slip rather than 20 short ones with the understanding that the rent and tax and license fee will be 1 /20th of what it is now. Conversely, if we could rent the docks at 5 times the amount they are now the fee would no doubt go up 500% rendering this, in essence, a graduated income tax. b. Additionally, the City appraisal for the slips clearly underestimates the cost of maintaining the slips when it factors $34 /slip for Administrative costs and $0.00 for Operating Expenses. Perhaps these calculations are again born out of the Appraiser's mistaken believe that the City owns the slips. Finger Lakes Boating Center acknowledges that in order to access its docks and allow our customers access to them we must encroach upon City land and that we therefore need to pay our fair share for that privilege. The City too needs to acknowledge that administrative costs of labor, maintenance, insurance etc. is considerably more than the 5.0% of income projected by the appraiser. $34 /slip /season does not come close to costs of maintaining our slips. We borrowed to pay for the docks and thereby have made a significant investment in the future. The City is determining what our reasonable value is and charging a rental fee at an amount that it thinks allows us a reasonable profit having taken none of the risk and not owning the docks it is "renting" to us. Given that the City is not offering us a long term lease we can't do any improvements, such as supply electric and water. The lack of the improvements, combined with the high license fee limits our competiveness and increases our .�GER L 730 Willow Ave, Ithaca, NY 14850 435 Old Taughannock Blvd. Phone: 607.272.9227 BOATING (ENTER www.sailithaca.com vacancies. Combined with a 12.86% increase over last year this is simply not a sustainable economic model. We propose increasing license fee by 1.286% and assessing only County and School tax for this year for a total of $9,441.67. We could agree to pay this with the further understanding that we can also move forward with our request to modify the tax assessment calculation and have the City consider offering a longer term license of the property. This should be a license to use the property and not a lease to rent docks we already own. Thank you for your time and consideration and we look forward to hearing from you soon. Respectfully submitted Stephen B. Flash Finger Lakes Boating Center, LLC Member Enc.: as noted View Larger Photo - Image Mate Online Photo for 2.- 2 -2./1 in City of Ithaca Page 1 of 1 - e= File Photo http: // asmsdg .tompkins- co.orgibigPhoto.aspx ?file= VOL31T000313 /5007000020000002002... 3/5/2013 Ad Valorem Rates FINAL 2013 TAX RATES 2012 (Per $1,000 of Based on JULY 2012 Village Tax Rates Assessed Value) Final Assessment Rolls as of 611/12 MUNICIPALITY TOWN TOWN COUNTY FIRE LIGHT AMBULANCEI WATER SPECIAL VLG TOTAL GENERAL HIGHWAY & SEWER DISTIUNIT CAROLINE 6.185857 3.405203 1.528630 0.027856 11.147546 Brooktondale 6.185857 3.405203 1.343652 0.027856 10.962568 Slaterville 6.185857 3.405203 1.455287 0.027856 11.074203 DANBY 6.000797 4.076308 1.4260071 11.503112 West Danby 6.000797 4.076308 1.4260071 3.689033 15.192145 DRYDEN(OUTSIDE) 1.437610 6.802058 1.158253 0.405539 • 9.803460 Freeville (village) 1.437610 6.795705 0.405539 4.179917 12.818771 Dryden (village) 1.437610 6.795705 0.405539 7.647471 16.286325 Etna 1.437610 6.802058 1.158253 0.262928 0.405539 * 10.066388 Varna 1.437610 6.802058 1.158253 0.193117 0.405539 * * 9.996577 McLean 1.437610 6.802058 1.815000 0.405539 * 10.460207 Mdw. Leisure 1.437610 6.802058 1.158253 * 0.405539 * 9.803460 Sapsucker Rd. 1.437610 6.802058 1.158253 0.405539 * 9.803460 Cortland 1.437610 6.802058 1.158253 0.405539 * + 9.803460 Monkey Run 1.437610 6.802058 1.158253 0.405539 * * 9.803460 Turkey Hill 1.437610 6.802058 1.158253 0.405539 * + 9.803460 Snyder Hill 1.437610 6.802058 1.158253 0.405539 * * 9.803460 Hall Road 1.437610 6.802058 1.158253 0.405539 * 9.803460 Peregrine 1.437610 6.802058 1.158253 0.405539 * * 9.803460 ENFIELD 5.566183 2.912042 1.817922 10.296147 GROTON OUTSIDE 6.184972 4.108003 0.803511 11.096486 Groton (VILLAGE) 3.919363 6.795705 1 8.391001 19.106069 Pmuville 6.184972 4.108003 0.8035111 0.376507 11.472993 McLean 6.184972 4.108003 1.8150001 0.403117 12.511092 ITHACA(OUTSIDE) 1.778355 1.110246 6.803029 3.606503 * + 13.298133 Cayuga Hgts (village) 1.778355 6.795705 6.1003290 14.674389 Forest Home 1.778355 1.110246 6.803029 3.606503 0.060302 ' * 13.358435 Glenside 1.778355 1.110246 6.803029 3.606503 0.152225 * * 13.450358 Renwick Hgts 1.778355 1.110246 6.803029 3.606503 0.073175 ' * 13.371308 Eastwood Comm 1.778355 1.110246 6.803029 3.606503 0.149283 ' * 13.447416 Clover Lane 1.778355 1.110246 6.803029 3.606503 0.098253 ' * 13.396386 Winners Circle 1.778355 1.110246 6.803029 3.606503 0.280000 ' * 13.578133 Burleigh Dr. 1.778355 1.110246 6.803029 3.606503 * * • 13.298133 W. Haven 1.778355 1.110246 6.803029 3.606503 + * * 13.298133 Coddington Rd. Light 1.778355 1.110246 6.803029 3.606503 * * • 13.298133 LANSING(OUTSIDE) 1.392410 1 6.800594 0.939491 • 9.132495 Lansing (village FD322 ) 1.392410 6.795705 0.939491 • 0.99 10.117606 Lakewatch 1.392410 6.800594 0.9394911 9.132495 Ludlowville 1.392410 6.800594 0.9394911 0.190317 • 9.322812 Mckinney 1.392410 6.800594 0.939491 * • 9.132495 Warren Rd. 1.392410 6.800594 0.939491 * " 9.132495 NEWFIELD 6.090466 1 3.214460 1.339063 0.013226 * 10.657215 ULYSSES(OUTSIDE) 1.272601 6.801066 1.132153 9.205820 Trnmansburg (village) 1.272601 6.795705 1 1 5.447912 13.516218 CITY OF ITHACA 13.080000 6.800850 * 19.880850 BID 2.289000 BID * Water/Sewer/Light/Special Districts/Solid Waste Charges Determined by Benefit District Tompkins County Department of Assessment Town Rates as of 12/21/2012 Exporkjpg (JPEG Image, 717 x 689 pixels) http:// geo. tompldns- co.org/Geocortex/Essentials /REST /TempFiles /Exp... 1 of 1 3/27/2013 6:01 PM CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -6590 DEPARTMENT OF PUBLIC WORKS William J. Gray, P.E. Superintendent / City Engineer Telephone: 607/274-6527 Fax: 607/274 -6587 730 Willow Avenue, LLC c/o Robert Haney 730 Willow Avenue c� tr rllG� Ca y G � arcV�joI I I z j a Y. Ithaca, New York 14850 Re: Pending New License/Encroachment Agreement for Your Use of City -Owned Land at or near The City Golf Course Dear Mr. Haney: 17�1 hffG�- 2 'e-aFG Your company, as successor to McPherson Sailing Products, has had an agreement with the City of Ithaca that has allowed you to occupy or use City-owned property adjacent to the City Golf Course, for attachment of and access to 10 floating docks (with a total of 20 slips) that you have rented to others, in exchange for your payment of a relatively modest annual license fee. The purpose of this letter is to inform you of a change in City policy regarding such use and how this change is likely to affect your arrangement with the City, in the future. First, I should note that the City recently received a legal opinion that the land occupied by the Golf Course (extending to the Cayuga Inlet) was acquired with the intention of incorporating it into what is now known as Stewart Park, and that it has effectively been treated as park land for well over 50 years. As you may know, parkland enjoys a special, protected status in New York State. It cannot be converted into exclusive, non - public or non - recreational use, for any substantial period of time, without the consent of the State legislature. At this time, it appears that continuation of the arrangement you have had with the City for commercial use of docks attached to City land may not be a legally viable one. It appears that the City will allow that use for the coming boating season, so as not to disrupt your business plans, but it may not be able to offer such an arrangement in the future, for legal reasons. That decision will be up to the Common Council, and will be made soon. Another recent development is that Tompkins County has reclassified the City -owned land used for the docks, as taxable (due to the commercial arrangement). AA a result, the City now must pay property taxes to the County and the School District (and to itself). The total amount of such taxes, for the land used for your docks, is $3,541.06 for 2011. ` Several years ago, the City was told by State auditors that it was not using an appropriate method to determine alr the fair rental value of land it was allowing others to occupy or use, and that the City was likely under- valuing such land in many cases. In addition, the old City policy was incomplete and inconsistent. The Mayor set up a working group to look into these problems and to recommend a new approach to Common Council. In May 2009, the Council adopted a comprehensively revised version of Chapter 170 of the City's Municipal Code (now entitled "Use of City Real Property"). Among other things, this new ordinance: - Requires the City to use a professional appraiser to help it determine (at least every 5 years) the fair rental value (generally, on a per - square -foot basis) of the different types of City -owned land that others are allowed to use for their own benefit. 730 Willow Avenue, LLC Page 2 March 4, 2011 - Lists the terms to be included in all licenses. (This means that the "old" permits and licenses the City has been relying upon for many years must all be replaced.) - Requires the City's Board of Public Works (BPW) to establish a schedule of annual fees for such usage, as well as application and renewal fees. Application and renewal fees are intended to compensate the City for the amount of staff time typically involved in processing these requests. Use fees are intended to represent fair rental value, and to recover the City's costs for the appraisals. - If a licensed property is reclassified by Tompkins County as taxable (as has happened in this case), the ordinance requires the City to "pass on" any taxes that are charged, to the license holder. The City retained Pomeroy Appraisal Associates to provide advice on fair rental values, and that work was completed in late 2010. Using the appraiser's information as a guide, the BPW adopted a schedule of fees for 2011 -12 on December 22, 2010. These new fees will take effect on April 1, 2011. It is anticipated that within the next month or two, the City will terminate your current (2011) license, which it has the right to do, on 30 days notice, and will offer you a new license, at least for the coming year, that incorporates the provisions described above, including recapture of the taxes now being assessed. The appraiser recommended that for the type of arrangement you have, fair rental value should be based on the projected rental income that could be derived from boat slips of this sort (minus the cost of managing the docks, etc). The rate recommended by the appraiser is $350 per season, per rental slip. For your 20 slips, that would amount to a license use fee of $7,000.00 per season. I realize that this (especially combined with a pass- through of the taxes) is a substantial increase from what you (and your predecessor) have paid in the past, but, as indicated, the City is no longer able to justify its historical rates to State auditors. Chapter 170 of the City Code and the fee schedule are both available online, on the City oflthaca website. (www cityo ithaca.or under "News'). Ifyou would like a hard copy of these documents, please contact the City Clerk's office at (607) 274 -6570. The appraiser's voluminous report can be viewed at the City Clerk's office, between 8 :30 am and 4: 30 pm, at City Hall, 108K Green Street, Ithaca, NY. If you have questions about anything in this letter, please feel free to contact me, or City Attorney Daniel Hoffman, at (607) 274 -6504 or dhoffman(a),cityofithaca.org. Sincerely yours, W William J. Gray, P.E. Superintendent of Public Works cc: Mayor Carolyn K. Peterson Daniel L. Hoffman, City Attorney Board of Public Works March 16, 2011 Use of City Real Property — Boat Slips at Newman Golf Course - Resolution By Commissioner Wykstra: Seconded by Commissioner Acharya WHEREAS, in the mid- 1980s, the City granted revocable licenses to private businesses, which allowed them to construct and use moorings for floating docks on City -owned land adjacent to the Newman Golf Course, along the east bank of the Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and associated parking and storage space, on adjacent City land) to others, at market rates, and WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until the present, with the annual license fees having been set according to a formula created by the City many years ago, and WHEREAS, in the course of investigating the potential use of the City's Newman Golf Course for deposit of dredge spoils, the City received a legal opinion from special counsel which concludes that, in light of the circumstances of the City's acquisition of the golf course lands (which extend from Fall Creek to the Cayuga Inlet on the west) and the City's treatment of those lands over the past 75 years or more, "it is very likely that a court would find sufficient evidence of [its] implied dedication [as parkland]," and WHEREAS, the Common Council has not yet considered whether it will accept and affirm this legal opinion, and conform its future treatment of the property with all the conditions and legal requirements applicable to public parkland, and WHEREAS, in the absence of such a determination by Common Council, or direction to the contrary, the Board must assume that it can and should continue to maintain the type of licensing arrangement it has had for over 25 years, at least for the coming boating season, as to do otherwise (for 2011) at this late date would impose an unreasonable economic hardship upon the licensees, who have already made 2011 rental arrangements for the slips in question, with their customers, and WHEREAS, in response to instruction from New York State auditors, that the City obtain fair rental value for use of its land by others, Common Council revised Chapter 170 of the City of Ithaca Municipal Code entitled "Use of City Real Property ", so as to require that fees for such use be based on fair rental value as determined with the assistance of a professional appraisal, and WHEREAS, said appraisal, completed for the City in the winter of 2010/2011, recommended a license fee of $350 per slip, per season, for the boat slips on Pier Road, which rate was incorporated by the Board into its 2011 -12 schedule of fees for the use of City land (adopted on December 22, 2010), and WHEREAS, the Superintendent has notified the current licensees of the possible, future change in arrangements, if the Common Council affirms the status of the land as parkland, now therefore be it WHEREAS, in light of the lateness of City's decision - making and notification of the affected licensees, relative to the timing of their leasing of boat slips to their customers, for the 2011 season, and the substantial increase in fees for this category — which, if the full, $350 /slip rate were applied, along with the pass- through of County and School District taxes (for the first time), would represent a total, one -year increase of approximately 278% ($7,346.28) and 730% ($5,224.16), respectively, for these two licensees - it is reasonable in this case to phase in the base fee increase, over a two - year period, and thus to apply a base rate of $220 per slip for the 2011 season for this particular category (with the understanding that the regular, full rate for the "Boat Slips" category will be applied in 2012, if the licenses are renewed); now therefore be it RESOLVED, That the Superintendent shall offer to the current licensees of the Pier Road dock slips the opportunity to enter into new licenses for the 2011 boating season, which licenses shall be consistent with the terms and conditions stipulated by Chapter 170 of the City of Ithaca Municipal Code, and which shall reflect a base use fee of $200 per slip (plus 10 %, as applied to all categories), for 2011, as well as the full recapture of County and School District property taxes now being assessed (on the basis of "non- public" use) for the land in question, and be it further RESOLVED, That staff is directed to prepare a briefing for the Board, to be presented at or before the Board's meeting on April 27, 2011, regarding the above - referenced legal opinion and the potential implications of parkland status, so that the Board of Public Works may make a recommendation to Common Council as to whether the Council should affirm parkland status, or pursue a different course. Carried Unanimously March 21, 2013 Stephen B. Flash Finger Lakes Boating Center, LLC 730 Willow Avenue Ithaca, NY 14850 Re: Fee for use of City property Dear Mr. Flash: I received your letter regarding the fee that will be charged for the use of City property along the inlet for the period of April 1, 2013 to March 31, 2014. The letter will be referred to the Board of Public Works for their review, but I am able to address a few issues in your letter. I will ask Kathrin Gehring in the Superintendent's office to notify you of the date the Board will discuss your appeal. You are correct that the Board's resolution in 2011 eliminated the pass- through of City taxes. I apologize for the oversight, and have removed it from the pending bill. The new amount, without the City taxes, is calculated as $10,459.08. The original fee as established by the appraiser was $350 per slip. In addition, the Board assessed a 10% per year surcharge to reimburse the cost of the appraisal that was done in 2010, making the established fee for 2011 -2012 $385. The Board passed a resolution on March 16th to adjust the fee for the first year, to $200 per slip, based on conversations with Mr. Cleveland and Mr. Haney. The Board felt that, since the slips had already been rented for 2011, it was unfair to impose the larger fee. However, the resolution stipulates that the full fee would be charged in 2012. A copy of that resolution is enclosed. The original legislation also stipulated that the fee would be increased by the CPI each year through year five, when a new appraisal should be done. The fee for 2012 -2013 was calculated at $398.07, ($385 times the increase in the CPI) and for 2013 -2014 at $405.37, ($397.15 times the increase in the CPI). Please feel free to contact me if you have other questions. Sincerely, Debra A. Parsons City Chamberlain POMEROY Inr APPRAISAL ASSOCIATES, INC. Supplemental Analysis: Marina Boat Slip Rental Rates: In making a reasonable rent determination for city -owned boat slips along Cayuga Inlet and in proximity to Johnson Boat Yard, we contacted local marina operators comprised principally of Ithaca Boatyard, Johnson Marina, Fingerlakes Boating and Alan H. Treman State Park c/o Robert Treman State Park. Ithaca Boating Center 435 Taughannock Blvd. c/o Steve Flash Mr. Flash offers for rent fourteen (14) outside slips along Cayuga Inlet shoreline, available from mid -April to mid- October. The anticipated 2010 slip rental rates are projected to be $37 per foot inclusive of electric and access to baths and showers. This equates to a water-footprint as follows: Length of slip Approximate Width Total Area 14' 10' +/- =140± so. ft. The imputed rental is therefore: $37 x 14' = $518 =140 sq. ft. = $3.70 per square foot per season. Mr. Flash reports full (100 %) occupancy last season and is therefore suggestive of adequate demand. The $37.00 rate reflects a 5.71% increase over the 2009 rate ($35.00 per foot). Summer storage in his water boathouse is based on a seasonal rate of $1,700 ( <40') and $1,850 (? 40') including utilities. Finger Lakes Marine Svice. Water slips will rent for $37 per foot including water but excluding electric Myers Point, Hamlet of Myers ($160 per season also paid by lessee). There are 125± slips of varying widths to accommodate large, medium and small watercrafts (updated 10/29/2010). $42 per foot non - electric; 18' and under = $625 per season Alan H. Treman State $52 per foot electric; 18' and under = $800 per season Park Marina Treman is the largest marina on an inland lake in the State of New York per Ithaca the representative (377 slips total — updated 10/29/2010); no expected increase in rates for 2011. High occupancy experienced in 2009. Johnson Boat Yard $31 -33 per foot non - electric; 18' and under = $550 -600 per season 101 Pier Road, Ithaca JBY has 111 slips with no vacancies at present (per Jim at JBY 10/27/2010) 94 POMEROY CJ!Jr APPRAISAL ASSOCIATES, INC. Analysis: Slip rentals range from $37 to $52 per foot and range widely in terms of amenities offered. Rents were recently updated as of October 2010. Via reverse Income Capitalization, an estimate of fair market rent can be imputed. The process of determining market rent was described previously (i.e. via reverse capitalization) is utilized again. Income Analysis: Income in this analysis is the unknown variable; the analysis will reveal the rent i.e. return to the land that is necessary via the parameters of the income capitalization model. The average annual rent per slip is estimated at say $40.00 per foot times say 30' (boat length) = $1,200 per season. Vacancy and Collection Loss: A reasonable vacancy and collection loss is 2% as previously explained but may also be as low as 0% given the 100% occupancy reported at both Alan H. Treman State Park and Ithaca Boat Yard. Expense Analysis: Operating expenses such as taxes, insurance, maintenance, sweeping, snow, utilities, and repairs are born by the lessor (i.e. marina operator) and in this example, equate to approximately 40% operating expense ratio. This would include Management is estimated at 2% of effective gross income. Capitalization Rate via Band -Of- The - Investment Technique: Return requirements for debt and equity positions discussed previously are applicable. The Band of Investment method is used to derive a direct capitalization rate based on mortgage interest rate and equity return requirements previously described (6.00 % mortgage interest, 8.00% return to equity position) resulting in an overall rate of 8.50%: Percents a of Value Rate Mortgage: 75% x 0.0860* (Rm) = 0.0645 Equity : 25% x 0.0800 (Re) = 0.0200 Overall Capitalization Rate = 0.0845 say 8.50% *6.00% mortgage interest; 20 -yr. amortization Capitalization Rate Summary: The overall capitalization rate is 8.50 %. Interest rates and returns for assorted financial investments were presented earlier in the appraisal (Please see: Interest Rates as of 10/1/2010). Direct Capitalization Summary: Seasonal Boat Slips: Refer to the following for subject's market value estimate via this approach. Fair market rent is derived according to the following reverse capitalization analysis: 95 POIIEROY.4 APPRAISAL ASSOCIATES, INC. Capitalized Value Estimate: Boat Slip Annual Rental Income: 1- Seasonal Waterfront Slip High Slip Rent ( +20 %) _ $1,200 Less: vacancy and collection loss at 2.0% $24 = Effective Gross Income (EGI) $1,176 Less: Operating expenses at 45% ($1,176 x.45) _ $529 = Net Operating Income OI) $34 $647 Divided by overall capitalization rate: 8.50% _ $7,612 Market value: rounded $7,600 Fair arkpt;Rant Analysis Market Value of (1) Seasonal Waterfront Boat Slip: High Slip Rent ( +20 %) _ $7,600 Multiply X Overall Capitalization Rate = 8.50% Net Operating Income Per (NOI) $645 Add: Expenses Administrative @ 5% (divide by $679 by 0.95 ) $34 Operating Expenses: Effective Gross Income: $168 Add: Vacancy and Collection Loss at 2.0% (divide $679 by 0.98 = $693) $14 Total Potential Gross Income — $693 rounded to $695 Since the width of each slip varies it is impossible to determine market rent `per square foot' for waterfront slips. The most practical analysis is valuation of the entire slip, which presumes each slip has uniform dimensions (which they likely do not). The capitalized value of a typical slip is $7,600 when $646 net operating income is capitalized at an 8.50% overall capitalization rate To allow the entrepreneur (e.g. marina operator) adequate incentive to rent the slips there must be sufficient profit beyond the annual slip paid to the City of Ithaca. Recommended Annual Rental: We recommend the City of Ithaca rent their slips for 50% of the potential gross rental income or: $695 x 50% = $348 per slip per year Summary: The seasonal slip rental is therefore as follows: Average Slip Rental = $348 per season High Slip Rent ( +20 %) _ $415 per season rounded Low Slip Rent ( -20 %) _ $280 per season rounded .Z Board of Public Works For March 9, 2011 (revised version, suggested by City Attorney) Use of City Real Property — Boat Slips at Newman Golf Course — Draft Resolution WHEREAS, in the mid- 1980s, the City granted revocable licenses to private businesses, which allowed them to construct and use moorings for floating docks on City -owned land adjacent to the Newman Golf Course, along the east bank of the Cayuga Inlet (off Pier Road), which businesses have then rented said dock space (and associated parking and storage space, on adjacent City land) to others, at market rates, and WHEREAS, the City has allowed such licenses to be renewed, each calendar year, until the present, with the annual license fees having been set according to a formula created by the City many years ago, and WHEREAS, in the course of investigating the potential use of the City's Newman Golf Course for deposit of dredge spoils, the City received a legal opinion from special counsel which concludes that, in light of the circumstances of the City's acquisition of the golf course lands (which extend from Fall Creek to the Cayuga Inlet on the west) and the City's treatment of those lands over the past 75 years or more, "it is very likely that a court would find sufficient evidence of [its] implied dedication [as parkland]," and WHEREAS, the Common Council has not yet considered whether it will accept and affirm this legal opinion, and conform its future treatment of the property with all the conditions and legal requirements applicable to public parkland, and WHEREAS, in the absence of such a determination by Common Council, or direction to the contrary, the Board must assume that it can and should continue to maintain the type of licensing arrangement it has had for over 25 years, at least for the coming boating season, as to do otherwise (for 2011) at this late date would impose an unreasonable economic hardship upon the licensees, who have already made 2011 rental arrangements for the slips in question, with their customers, and WHEREAS, in response to instruction from New York State auditors, that the City obtain fair rental value for use of its land by others, Common Council revised Chapter 170 of the Cityl Code ( "Use of City Real Property'), so as to require that fees for such use be based on fair rental value as determined with the assistance of a professional appraisal, and WHEREAS, said appraisal, completed for the City in the winter of 201012011, recommended a license fee of $350 per slip, per season, for the boat slips on Pier Road, which rate was incorporated by the Board into its 2011 -12 schedule of fees for the use of City land (adopted on December 22, 2010), and WHEREAS, the Superintendent has notified the current licensees of the possible, future change in arrangements, if the Common Council affirms the status of the land as parkland, now therefore be it RESOLVED, that the Superintendent shall offer to the current licensees of the Pier Road dock slips the opportunity to enter into new licenses for the 2011 boating season, which licenses shall be consistent with the terms and conditions stipulated by Chapter 170 of the City Code, and which shall reflect the fees recently established by the Board for "Boat Slips," as .well as the recapture of all property taxes now being assessed (on the basis of "non-public" use) for the land in question, and be it further RESOLVED, that staff is directed to prepare a briefing for the Board, to be presented at or before the- Board's meeting on April 27, 2011, regarding the above - referenced legal opinion and the potential implications of parkland status, so that the Board of Public Works may make a recommendation to Common Council as to whether the Council should affirm parkland status, or pursue a different course. ri N M 00 Il. M In O r-I In lD ri M I� rH lD -cl, -;t M O Ln I� M M N ri O O O O Li 6 .' ri O M ri IZ a V? V} V} V} in V} (h V). V} IA - m N I, M n w q n In n qt ri N lD ri lD ll:� I:t m O M lD m ` M N r-I O O O O 00 01 qr r-I r0 rn M 0) i LL N ri f0 Ln L (a Q in V)- in V)- L a V� in in a N O 0) O In Ln m M O 00 q* O e-{ r-I Ln r-I lD g q M 0 O 9 LPI M M N ri O O O O In ri Ch 1* ri L � 00 m rI c-1 U L Q f0 4� Q in V} V� V} to V? VZ• Vh H V} V} V? In O 0) r-, (3) 0 O In m 00 HI, 00 M O Ln -* M M O N r-I r-I CM N N ri O O O O O 00 .4 ri Ln r-I M r-I O N V} f0 O r0 CL_ C L LLI M \ "O M C ri O 0) .p d O .L C C In 'a N 01 O s a0°i E E v cn v c u 3 2 `-° o to z ++ O L m C C f0 C 00 00 04 C E t O E aL+ N C to O 0) cu O U. d m 1 O = U >, 0J U-0 y „� fl- LO 41 C w 01 0 u N M U O L O a O s— Q m 2 2 O RECEIVED Dept. of Public Works To: Board of Public Works MAR 21 2013 From: City of Ithaca Natural Areas Commission Date: March 17, 2013 Office of the Superintendent n ngineering Division Re: Safety concerns with walkway along Cascadilla Gorge and Casca 'lla Par ace. The Natural Areas Commission is concerned with the situation of the walkway along Cascadilla Gorge and Cascadilla Park Place. Safety is of particular concern, especially after a recent accidental death here. RESOLUTION & RECOMMENDATIONS of the NATURAL AREAS COMMISSION, regarding the gorge safety, important views and the walkway along Cascadilla Park Place WHEREAS, the "purposes and duties" of the City of Ithaca's Natural Areas Commission (NAC) include advising the Board of Public Works, Common Council and others and making recommendations as needed regarding natural areas, including maintenance and public concerns; and WHEREAS, the Cascadilla Gorge, being owned by Cornell University, is not a City - designated natural area, but nevertheless is an important, University - designated natural feature, with popular trails both along Cascadilla Creek and on the north rim, offering spectacular views of the gorge, the creek and across the city and Beyond: and WHEREAS, the City of Ithaca.'s Natural Areas Commission (NAC) is concerned with the safety of this walkway, in light of its current state of repair and the risk of accidental injury or death, and about the importance of maintaining an aesthetic, naturalistic experience along the walkway and unobstructed views of the gorge: now therefore it is RESOLVED, that the Natural Areas Commission makes the following recommendations /request: 1. That the City repair the walkway and consider appropriate signage; 2. That the City repair or build or repair railings to meet reasonable safety standards , using aesthetically appropriate materials and preserving the opportunity to enjoy unobstructed gorge views; and 3. That the NAC be considered an "interested agency" that is kept informed of plans for the walkway and Xoe 'd re 'e�w andd t on proposed designs before decisions are made. cMahoon "" NAC Chair. Cc: JoAnn Cornish, Director of Planning & Development Lisa Nicholas, Senior Planner William Gray, Superintendent of Public Works Thomas West, Assistant City Engineer Aaron Lavine, City Attorney