HomeMy WebLinkAbout07-08-13 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, July 8, 2013, at 4:45 p.m. in
Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York.
A enda
1. Additions or Deletions to Agenda (Items 1 -6: 15 min.)
2. Mayor's Communications
3. Communications and Hearina_s 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
6.1 June 10, 2013 Meeting Minutes
6.2 June 24, 2013 Meeting Minutes
7. Administration and Communications
8. VOTING ITEMS
8.1 Buildings, Properties. Refuse and Transit (10 min.)
A. Request for Encroachment Agreement/License at 1013 West State Street
— Resolution
B. Request for Encroachment Agreement /License at 314 Cascadilla Street —
Resolution
8.2 Highways, Streets and Sidewalks (5 min.)
A. Award of Bid for East State Street and Mitchell Street Traffic Signals and
Roadway Improvements — Resolution
8.3 Parking and Traffic
8.4 Creeks. Bridnes and Parks (5 min.)
A. Award of Contract for Ithaca Falls Overlook ERP Project, Interim Remedial
Measure -1 — Capital Project 768 — Resolution
8.5 Water and Sewer (10 min.)
A. Amendment to the Plumbing Permit Fees in Municipal Code of the City of
Ithaca Chapter 146 -30 — Resolution
9. DISCUSSION ITEMS
9.1 Proposal for Sixty Foot Dam — Dam Stability Analysis (10 min.)
9.2 Request for Encroachment Agreements for 605 West State Street (5 min.)
9.3 Appeal of Water Bills for: (10 min.)
a. 202 Elmwood Avenue
b. 719 North Aurora Street
9.4 Friends of Stewart Park Report and Update: (15 min.)
a. CFA Grant Submission
b. Food Truck Roundups in Stewart Park
c. Standup Paddleboard Rentals in Stewart Park
9.5 Application for Mobile Vending from 011ie's Ice Cream (10 min.)
9.6 Appeal of Sidewalk Repair Requirement for 116 Kelvin Place (10 min.)
9.7 Sidewalk Policy Proposal (20 min.)
10. New Business
11. Adiournment
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.
Page 2
Notes for BPW Agenda, July 8, 2013
8.1A Request for Encroachment Aareement/License at 1013 West State Street —
Resolution
The resolution approving the lease of city property is provided. It reflects the discussion the
Board held on June 10, 2013.
8.1 13 Request for Encroachment Agreement/License at 314 Cascadilla Street —
Resolution
The property at 314 Cascadilla Street was recently sold. Once a new survey was completed, it
was brought to the attention of the seller that a tiny portion of the house (less than 1 square
foot) is in the City's right of way. Since this encroachment is so small (less than 40 square
feet), the application and annual use fees have been waived. We just need the Board's
approval to execute the license agreement.
8.2A Award of Bid for East State Street and Mitchell Street Traffic Signals and
Roadway Improvements — Resolution
8.4A Award of Contract for Ithaca Falls Overlook ERP Proiect, Interim Remedial
Measure -1 — Capital Proiect 768 — Resolution
Placeholder resolutions are enclosed. The bids for these projects will be opened on July 3,
2013. Final resolutions and bid tabulations will be provided at the meeting.
8.5A Amendment to the Plumbing Permit Fees in Municipal Code of the City of Ithaca
Chapter 146 -30 — Resolution
Plumbing Inspector Marc Albanese has provided a resolution and legislation to modify the
plumbing permit fees for the City of Ithaca. Under Partial Service Users, the Board will need to
choose one of the three bracketed options.
9.1 Proposal for Sixty Foot Dam — Dam Stability Analysis
Rick Gell from O'Brien & Gere will be present to address the Engineering Assessment
Proposal for the 60 -foot dam. This is a continuation of the Board's discussion on June 24,
2013. Permitting of our Water Supply Project is contingent on NYSDEC Dam Safety approving
our permit applications, so we need to address this at the July 8th meeting for discussion and
the next meeting for resolution.
9.2 Request for Encroachment Agreements for 605 West State Street
The owner of Finger Lakes Beverage Center at 605 West State Street is requesting an
encroachment agreement to install an overhang over the sidewalk on the West State Street
side of the building. The projection of the overhang is proposed to be 3'6" from the exterior
face of the building, with the height clearance of 9'6" above the sidewalk. The application,
survey and site plan are enclosed for your reference.
9.3 Appeal of Water Bills
Recommendations from Senior Water Meter Technician Barb Frycek are enclosed for your
review. For 202 Elmwood Avenue she recommends a reduction of the water bill by $20.40
due to an incorrect meter reading. The owners of 719 North Aurora Street have asked for a
reduction in their water bill.
Page 3
9.4 Friends of Stewart Park Report and Update
Rick Manning has requested some time to update the Board on several items that the Friends
of Stewart Park are working on. The first items are a Stewart Park Rehab Action Plan update
and CFA Grant Application submission to request funds for a roof replacement of the large
pavilion or the boathouse. The deadline for this application is August 12tH
The Food Truck Association would like to hold Food Truck Roundups in Stewart Park. The
potential dates for these roundups are August 3rd, August loth and September 14th. At this
time, only one small event is planned for Stewart Park on August 3rd. According to City Code
336 -21, "No person shall solicit in the park for any purpose whatsoever without obtaining a
permit from the Superintendent of Public Works or his /her authorized agent."
Jennifer Miller owns and operates Paddle -N -More in Myers Park, Lansing. This business rents
out paddleboards, including instruction. Friends of Stewart Park would like her to begin
teaching and renting paddleboards in Stewart Park near the boathouse, with paddling in Fall
Creek. They are proposing that Paddle -N -More offer Standup Paddleboard Rentals with
Instruction every Thursday evening from 5 p.m. to 7 p.m. beginning July 11th and go through
the end of August. Information is provided in the packet.
9.5 Application for Mobile Vending from 011ie's Ice Cream
011ie's Ice Cream Truck has turned in an application to sell ice cream at several locations
within Cass Park. The map of Cass Park and the vending application are enclosed for your
review.
9.6 Appeal of Sidewalk Repair Requirement for 116 Kelvin Place
This appeal is being brought back for further consideration by the Board. An inspection of the
sidewalk has been completed. A memo and additional information is provided to assist with
making a determination.
9.7 Sidewalk Policy Proposal
The Sidewalk Task Force has met and prepared a draft Sidewalk Policy proposal for the
Board's discussion. The Task Force, headed by City Attorney Ad Lavine, is seeking Board
input into upcoming Common Council consideration of the proposed Local Law.
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Page 4
8.1A Request for Encroachment Agreement/License at 1013 West State Street
WHEREAS, Jerry Dietz, the owner of the property at 1013 West State Street (Tax Map Parcel
No. 58 -1 -2), in the City of Ithaca, has requested an encroachment agreement/license from the
City onto adjacent City -owned real property located at 1013 West State Street.
WHEREAS, the encroachment consists of the following:
A rectangular area, located approximately 30 feet from the eastern bank of the Flood
Control Channel and adjacent to the northwestern face of the building located at 1013
West State Street, to encroach on City land by a distance of approximately 15 feet, for a
span of approximately 37 feet, and encompassing approximately 555 square feet, which
is shown on a drawing entitled "Jerry Dietz's Just Because Preliminary" prepared by
JKD Architect, dated May 25, 2013, and
WHEREAS, that the property owner plans to create a patio and awning covering within the City
owned property, and
WHEREAS, the property owner agrees to mow, trim, and maintain grass on the City owned
property, including the patio area and an area within the distance of 40 feet from the northwest
side of the building located at 1013 West State Street, and
WHEREAS, if the property owner elects to terminate this license or discontinue use of the
licensed property, the property owner shall bear the cost of restoring the licensed area to lawn,
and
WHEREAS, such license shall be subject to any Department of Environmental Conservation
easement or any other property rights of the State of New York; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs; and
WHEREAS, the 2013 -14 schedule of fees for use of City -owned property requires an initial
application fee of $100 for new licenses, and stipulates that the annual use fee for Marine
Commercial license fee category shall be calculated at $0.47 per square foot
thereafter subject to adjustment by the consumer
price index and property taxes assessed against the City, now therefore be it
RESOLVED, That the Board of Public Works hereby grants the request for an encroachment
at 1013 West State Street, as proposed, contingent upon: the execution of a
license /agreement containing a term or condition of such agreement which states that the
property owner agrees to mow, trim, and maintain grass on the City owned property, including
the patio area and an area within the distance of 40 feet from the northwest side of the building
located at 1013 West State Street; the property owner shall bear the cost of restoring the
licensed area to lawn if the property owner elects to terminate this license or discontinue use of
the licensed property; the license shall be subject to any Department of Environmental
Conservation easement or any other property State of New York;
subsequent terms); and submission of
the required application form and fee (and renewal fees for any
submission of proof of required insurance, and be it further
Page 5
RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is
hereby authorized to execute a license /agreement allowing said encroachment, revocable
upon 90 days' written notice by the City in the event that the encroached upon City property is
required for any City purpose, and containing the usual terms and conditions, including those
specified in Chapter 170 of the City's Municipal Code.
8.113 Request for Encroachment Aureement/License at 314 Cascadilla Street —
Resolution
WHEREAS, Susan Eschback, property owner, seeks an agreement for a minor encroachment
for her residence located at 314 Cascadilla Street (Tax Map Parcel No. 45. -6 -5), in the City of
Ithaca due to a corner of her residence being located within the City's right of way; and
WHEREAS, the encroachment would consist of the following:
A northwest corner of the building's northerly projections, measuring
approximately 5 inches by 10 inches, entering the City's right way, as shown on a
survey by T.G. Miller, P.E., dated June 4, 2013; and
WHEREAS, the encroachment, which does not exceed 40 square feet, is a minor
encroachment as defined in Chapter 170 of the City of Ithaca Municipal Code; and
WHEREAS, it appears that the building encroachment does not interfere with the City's
airspace or the sidewalks as currently constituted; and
WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public
works uses or needs, due to the existing encroachments at this location; now therefore be it
RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation
with the Superintendent and the City Attorney, to sign a revocable encroachment license
agreement for the minor encroachment into the City's right of way at 314 Cascadilla Street,
containing the usual terms and conditions; and be it further
RESOLVED, That the encroachment agreement shall not be subject to a fee at this time, per
Chapter 170 of the City of Ithaca Municipal Code, which provides that the application and
annual use fees shall be waived for a minor encroachment.
Page 6
AGREEMENT / REVOCABLE LICENSE FOR
USE OF CITY REAL PROPERTY
THIS AGREEMENT, made this _ day of , 2013, by and between:
► Melissa Holland and Sharon Loucks, as Executors ofthe Estate ofAnnie Scott (hereinafter referred to
as "LICENSEE "),
and
► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green
Street, Ithaca, New York (hereafter referred to as "CITY "),
WITNESSETH THAT:
WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City
of Ithaca, County ofTompkins, State ofNew York, commonly known and designated as 314 Cascadilla
Street, Ithaca, New York, and as Tax Map Parcel No. 45. -6 -5; and
WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of
Ithaca owned by CITY, for the benefit of the above - referenced parcel of LICENSEE, which CITY -
owned land consists of less than 1 square foot and is adjacent or proximate to said parcel of LICENSEE,
and which use can be described as follows:
To have structure (home) at 314 Cascadilla Street remain in its present location which
encroaches upon the right of way of Monroe Street by approximately 0.7 feet.
and
WHEREAS, Chapter 170 ofthe Municipal Code ofthe City of Ithaca establishes the process and
the terms and conditions by which the CITY may license the use of and/or encroachment upon its real
property to a person or persons; and
WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an
agreement containing a revocable license that allows the above - described use or encroachment, subject
to certain conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
including receipt by CITY from LICENSEE ofthe fees described herein (either in full, or pursuant to an
installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators,
successors and assigns, do hereby covenant and agree as follows:
1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use
the City -owned land described above, subject to the terms and conditions set forth herein. The CITY
reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the
event that the CITY, in its sole discretion, has determined that emergency entry is required) for the
purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition.
2. The use by LICENSEE of the above - described property of the CITY does not constitute and
shall never ripen into or become a right to use any portion of such property without the consent of the
CITY, but is and shall continue to be only a use by sufferance of said property ofthe CITY, as evidenced
by a duly executed and current License /Agreement.
3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall
be for the period commencing July 1, 2013 (or on the date by which all application and use fees and any
required forms described herein are received by CITY, whichever date is later) and expiring on June 30,
2014. This License shall renew automatically thereafter, for one -year terms, with the same terms and
conditions (except that the amount of the Use Fee may be revised annually, per the provisions of
Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms,
proof of insurance and the full and proper fee for the renewal period, before the commencement of such
new term (i.e., before July 1 "), and provided that the CITY has not notified LICENSEE, by May 1 ", of
the CITY's intention not to renew for the following license year.
4. Notwithstanding any other provisions herein, the License contained herein may be terminated
by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such
early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused
portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8,
below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the
licensed premises as described below.
5. Notwithstanding any other provisions herein, the License contained herein maybe revoked or
modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens
property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent
has determined that LICENSEE has failed to comply with any substantive term herein, and that
LICENSEE has not cured such breach within the notice period, or (c) upon at least three months'
written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the
licensed premises is required for a public purpose. LICENSEE may appeal a non - emergency revocation
or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the
receipt of the revocation notice. In the event of such early termination (or modification that affects the
amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the
unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in
compliance with the provisions of Paragraph 8, below.
6. This Agreement/License shall not take effect until fully executed and until the application and
use fees set forth below have been received by the City.
Application Fee: An Application Fee in the amount of $50.00 is hereby waived, in accordance
with City Code 170 -10 for minor encroachments.
Annual Use Fee: In accordance with City Code 170 -1 OB, the Annual Use Fee for this license is
waived for this minor encroachment. The City land in question was deemed to be in the "Other
Residential Areas" category, and to consist of less than one (1) square foot.
In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by
CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous
year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5
K
years). If the CITY intends such adjustment, LICENSEE shall be so notified by April l ' prior to the
expiration of the current term.
Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the
amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be
different from the amount stated above. In that event, the CITY shall send a Notice of Correction to
LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective
and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are
reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a
corrected Use Fee, as of the date such taxes become due.
7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and
serviceable condition, in accordance with all applicable ordinances ofthe CITY and such that no hazard
is posed to the public from the public's use of or proximity to said premises, and to repair or remove any
unsafe or improper structure or thing thereupon, as directed by'the CITY. In the event of LICENSEE's
failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same
and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge).
8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end ofthe term (in the absence
of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed
premises in as good order and condition as they were at the commencement ofthe License (reasonable
use and wear excepted), unless the CITY agrees in writing to accept the premises in a different
condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and
original ground cover, if applicable, and removal of any debris and any structures installed by
LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be
presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the
required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may
thereafter cause the restoration to occur and may subtract the cost thereof from any pro-rated refund due
to LICENSEE and /or may assess the cost thereof (plus 25 %) against LICENSEE and its benefited
property.
9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees
harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon
City property, by LICENSEE or its servant or agent, or by any member of the public, or from any
negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance ofthe
afore - mentioned encroachment, or the failure to maintain the same in good repair and safe condition,
including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City
harmless from any costs the City may incur, including legal fees, due to any claims which may arise out
of LICENSEE's obstructing, encumbering or occupying any portion of the public area of any adjacent
street, including the sidewalk.
10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of
at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said
insurance policy, and to provide written proof of such insurance from the insurer, at the time of
execution of this agreement, by the time of the annual anniversary of said original execution if this
License is to be renewed, and as may be otherwise required by the City.
3
11. In the event ofthe expiration and non - renewal, or termination, ofthis License, failure ofthe
LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties,
pursuant to the Municipal Code ofthe CITY.
12. This License is transferable to a subsequent owner or lessee of the benefited property, but
only upon proper re- application by said subsequent owner or lessee and submission of written proof of
required insurance in the new licensee's name.
13. All notices provided for herein shall be sent to CITY at the address set forth above (in care
of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at
the address set forth above, or at any other address provided in writing to CITY by LICENSEE.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day
and year first above written.
(signature)
(print name and title)
CITY OF ITHACA
LI-0
Svante L. Myrick, Mayor
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
(Licensee)
On this day of , 2013, before me, the undersigned, a Notary Public in and for said State,
personally appeared , personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the
instrument, the individual, or person on behalf of which the individual acted, executed the instrument.
Notary Public
E
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On this day of , 2013, before me, the undersigned, a Notary Public in and
for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on
the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say
that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal
corporation described in and which executed the above instrument; and that he signed his name thereto
upon authorization of the Board of Public Works of such corporation.
Approved as to form and content:
City Attorney
5
Notary Public
Date
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8.2A Award of Bid for East State /MLK Jr. Street and Mitchell Street Traffic Signal and
Roadway Improvements — Resolution
WHEREAS, bids were received on July 8, 2013 for the East State /MLK Jr. Street and Mitchell
Street Traffic Signal and Roadway Improvements, CP 775, and
WHEREAS, staff has reviewed the [numberl bids received and made a recommendation for
award, now therefore be it
RESOLVED, that the City of Ithaca Board of Public Works hereby awards the contract for the
East State /MLK Jr. Street and Mitchell Street Traffic Signal and Roadway Improvements to
[Contractor Namel, faddressl for their low bid meeting specifications of $ amount .
8AA Award of Contract for Ithaca Falls Overlook ERP Project, Interim Remedial
Measure -1 — Capital Proiect 768 — Resolution
WHEREAS, bids were received on July 3, 2013 for Ithaca Falls Overlook ERP Project, Interim
Remedial Measure -1, and
WHEREAS, the Common Council established Capital Project 768 for the Falls Overlook
Investigation /Remediation, and
WHEREAS, Contractor, Address submitted the lowest responsible bid for General
Construction work of $ XXX,XXX.XX now therefore, be it,
RESOLVED, That the contract for General Construction work for the Ithaca Falls Overlook
ERP Project, Interim Remedial Measure -1 is awarded to Contractor, Address for the lowest
responsible bid for General Construction work of $ XXX,XXX.XX, and be it further,
RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the
Superintendent of Public Works be and hereby is authorized to administer the same in
consultation with Barton & Loguidice, the City's consulting engineer on the project.
Page 7
Item 9.';z
CITY OF ITHACA
108 East Green Street, Suite 202 Ithaca, New York 14850 -5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274 -6530 Fax: 607/274 -6587
To: Board of Public Works
From: Tim Logue, Transportation Engineer
Date: July 2, 2013
Re: Award of Contract - East State /MLK Jr. Street and Mitchell Street
Traffic Signal and Roadway Improvements, CP 775
As discussed at your last meeting, bids are due for the abovementioned project
on July 3rd. We will evaluate bids and then ask you to award the contract at your
meeting on July 8th. This project is a little behind schedule. I am hoping to not
wait until later in July to award contract, particularly because there is a long lead
time on the signal poles, which pushes project completion into October or
November. We have directed the contractor to complete the roadwork in August
and then maintain temporary traffic control until the signal is completed.
The total budget authorization for this project is $450,000, with two project
agreements available for reimbursement up to $250,000. We have a design
contract with Creighton Manning Engineering for $44,620 and we have
authorized an agreement with Erdman Anthony for construction inspection
services for an amount not to exceed $31,000. We have budgeted $50,000 for the
street work that the City crews are doing. This leaves an available balance of
$324,380. I will bring a bid summary to your meeting on July 8d~. If you have any
questions, feel free to contact me at 274 -6530 or timloOcityofithaca.org.
`An Equal Opportunity Employer with a commitment to workforce diversification." c�
8.5A Amendment to the Plumbing Permit Fees in Municipal Code of the City of Ithaca
Chapter 146 -30 - Resolution
WHEREAS, Plumbing Permit Fees are a necessary and reasonable cost to the public for the local
administration and enforcement of public health and sanitation laws required by State regulations, and
WHEREAS, it is a necessary function of government to assess public service activities from time to
time to determine the actual cost to the community and to establish reasonable fees for the proper
discharge of said public services, and
WHEREAS, the current Plumbing Permit Fee structure for the City of Ithaca is significantly lower than
the surrounding area, owing mostly to the fact that these fees have not been changed in over 40 years,
and
WHEREAS, it is desirable to have a more actuate cost sharing of plumbing review and inspection
services in the form of Plumbing Permit Fees for end users who are the primary recipient of those
services than to rely on rate payer revenues, now therefore be it
RESOLVED,
Chapter 146, Building Code Enforcement, Article 4, Plumbing, Section 146 -30 Permits, C. Fees
shall be amended by adding enumeration (1) as follows:
(1) City of Ithaca Plumbing Permit Fee Schedule
New construction
• Single Family Residences: $25 application fee plus $5 per fixture
• Multiple Residences 2 -10 units: $100 application fee plus $ 5 per fixture
• Multiple Residences 11 -20 units: $250 application fee plus $5 per fixture
• Multiple Residences 21 units or more: $500 application fee plus $5 per fixture
• Commercial or Other Plumbing work under $25,000: $100 application fee plus $10 per fixture.
• Commercial or Other Plumbing work between $25,000 to $100,000: $250 application fee plus $10
per fixture.
• Commercial or Other Plumbing work between $100,000 to $500,000: $500 application fee plus $10
per fixture.
• Commercial or Other Plumbing work over $500,000: $750 application fee plus $10 per fixture.
Renovations and Additions:
• Single Family Residences: $25 application fee plus $5 per fixture
c Multiple Residences: $100 application fee plus $ 5 per fixture
• Commercial or Other Plumbing work: $100 application fee plus $10 per fixture.
Partial Service Users
All permit fees for work conducted on premises [not connected to City water and sewer service] [or]
[not anticipated to be connected to City water and sewer service once connected to any water or sewer
service] [or] [not actually connected to City water and sewer service within six months of project
completion] shall be based on the City of Ithaca Plumbing Permit Fee Schedule for Commercial or
Other Plumbing work plus 15 percent of the total therein specified.
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Legislative Intent
The revenues collected by the City through the regular issuances of water and sewer bills establish the
budget and spending allowances of the Water and Sewer Division. The office of the Plumbing Inspector
is an expenditure within that Division. Although plumbing permit fees do contribute to the Water and
Sewer revenues, 95% of the expenditures required for plumbing services are now covered by rate payer
revenues. It is the intension of this legislation to shift more of that cost onto the primary user of the
service, specifically, the permit holder in the form of plumbing permit fees that more accurately reflect
the actual cost to the City to provide plumbing review, inspection and enforcement.
This proposed Plumbing Permit Fee structure will bring our rates in line with the rates of other
jurisdictions in our area while providing a more equitable cost sharing solution between the rate payers
and permit holders. A planned "phase -in" of all rates seems impractical and counterproductive due to the
historically low existing rates.
Slidin Scale.
The fee schedule keeps the Single Family Residential permits at a reasonable cost at somewhere in the
$30 -$40 range for most work while providing a "sliding scale" for all other types of construction. The
increases in the fees are proportional to the amount of review that is associated with more complicated
or compound plumbing construction (multiple types, high rises, mixed uses). The issues that necessitate
a higher degree of plan review such as: fire flows, large meter sizing, valve placements, equipment
locations, backflow requirements, grease trap sizing, utility service sizing and entrance coordination,
storm water regulations, sanitary discharge requirements and others, qualify the higher fees.
Within the "sliding scale" fees there are two general categories of Multiple Residence and Commercial.
In the Multiple Residence fees, the Mplication cost increase with the number of units and reflects the
increased administrative effort needed to approve plans and specifications, coordinate with department
personnel and resources, and to execute the requirements for issuing the permit. The fixture fees are
universal for multiple residence applications and represent the costs associated with inspections and the
administration of the actual construction phase.
Commercial and Other
The Commercial or Other (Academic, Industrial, etc) application fees are similar to the Multiple
Residences fees accept that, instead of units, the fee is based on the dollar value of the plumbing work
(Actual Total of Labor and Material). Our Building Department uses a similar method of total
construction cost to determine the Building Permit fee. The actual formulas may vary but the concept
and premise are the same. The dollar value is used to represent the amount of plumbing work or
equipment being installed. The greater the dollar value, the greater the administrative review. Fixture
fees are higher but universal within the category and represent the costs associated with inspections and
the administration of the actual construction phase. The higher fixture costs associated with commercial
plumbing equipment is justified in that there can be found in these types of fixtures more specialized and
unique installation requirements than standard household plumbing. Here the gamut extends beyond
bathrooms and kitchens to plumbing items designed for other Industries. Examples are: cooling towers
and chillers, steam and hot water boilers, commercial dishwashers, chemical rinse dispensers, sterilizers,
surgery tables, dental aspirator, medical vacuum/water systems, fume hoods, lab sinks, wok stoves,
landscape irrigation systems, grease and sediment interceptors, sewage ejectors, water filtration systems,
make -up water for fan/coil systems, etc... Commercial plumbing fixtures will therefore require more
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effort and knowledge of code and manufacturers requirements than fixtures associated with Multiple
Residences.
Plumbing Permit Fees for partial service users within the City of Ithaca
Water and Sewer revenues make up the largest funding source for plumbing inspection services. This
revenue stream is generated by quarterly billings for waxer usage (metered water) and sewer charges
based on water consumption. However, not all properties within the City take both water and sewer
from the City. These customers are identified herein as "partial" service users since the City bills them
for water only or for sewer only and, as such, they contribute less to the Water and Sewer revenue
budget for similar service.
This proposal adds a "cost recovery" fee for properties identified as partial service users of 15% added
to the total cost of the Plumbing Permit. It is intended to help defray costs that full rate payers subsidize
now and create a more equitable end user fee that more accurately reflects the true costs of providing
plumbing review and inspection services for each user type.
Cost Justification
The old black leather -bound ledger found in the Vault at the Water and Sewer Division held the
historical record of plumbing permits issued in the City of Ithaca. The first entry, dated October 31,
1973 was issued to a plumbing contractor by the name of Albanese. The permit was for a new house to
be built at 253 Westwood Knoll and included the installation of 14 plumbing fixtures at $1 per fixture
and an application fee of $5 as a single family residence... total $19. If Mr. Albanese were to apply today
for the same permit (40 years later) it would be issued at the cost of...$19! Let this be submitted as cost
justification #1.
A cost comparison of Plumbing permit Fees among other jurisdictions in our area was done in 2012 and
reported in an e-mail to the Superintendent of Public Works and to the Assistant Superintendent, Water
and Sewer Division attached. The proposed fee structure is well within the ranges being charged in
areas such as: Cortland, Elmira, Auburn, and the Bolton Point Water Authority (Town of Ithaca,
Lansing, Dryden....)
The actual cost vs. revenues for the City is represented in the bar chart below. The proposed fees will
not exceed the cost of supply plumbing inspection services. It is evident that water and sewer rate payers
will continue to be the major funding source for plumbing services even after shifting more of the costs
to the permit holders.
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2012 Plumbing Permits:
Actual Plumbing Permit Fees
collected in 2012 $5,138.00
Proposed Plumbing Permit
Fees $36,135.00
® (Plumbing Inspection Expenditures)
Salary
Overhead (200 -400 accounts)
Inspection Services Contract
Staff assistance
Plumbing Permit Fees Collected in 2012
Proposed Plumbing Permit Fees
An analysis of 2012 Plumbing Permits for the City of Ithaca shows:
Number of permits ...........................117
Total revenue from permits ............ $5,136
Expenditures:
Inspector's salary ........................$64,493
Salary overhead (40 %) ..................$25,797
Contractual services .....................$12,000
Office overhead and staff support ......... $8000
Total budgeted expenditures...... ($110,290)
Revenues from Proposed Fees ..................$36,135
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