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HomeMy WebLinkAbout03-28-16 Board of Public Works Meeting AgendaBPWDATE: March 14, 2016 Meeting TIME: 4:45 pm LOCATION: 31d Floor, Board of Public Works City Hall, Council Chambers 108 E. Green St.. Ithaca AGENDA 4. Response to the Public No Commissioners 5. Administration & Communications A. Public Hearing — Proposed Changes to North No Mayor Myrick 20 min. Tioga Street to Implement Ithaca's Bicycle Boulevard Plan B. Approval of Meeting Minutes Yes Mayor Myrick 5 min. 1. February 22, 2016, Meeting Minutes 6. New Project Presentation A. Water Treatment Plant Rebuild Project Update No Rick Gell, O'Brien & 20 min. 411 College Avenue —Resolution Time Topic Voting? Presenter(s) Allowed 1. Call to Order /Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick Resolution 3. Communications and Hearings from Persons No Public 5 -15 Before the Board Resolution Construction Program — Resolution min. 4. Response to the Public No Commissioners 5. Administration & Communications A. Public Hearing — Proposed Changes to North No Mayor Myrick 20 min. Tioga Street to Implement Ithaca's Bicycle Boulevard Plan B. Approval of Meeting Minutes Yes Mayor Myrick 5 min. 1. February 22, 2016, Meeting Minutes 6. New Project Presentation A. Water Treatment Plant Rebuild Project Update No Rick Gell, O'Brien & 20 min. 411 College Avenue —Resolution Gere An update on the project will be presented to the Board. 11. Creeks, Bridges & Parks 7. Reports No Various 20 min. A. Special Committees of the Board A resolution is supplied for the Board's consideration. B. Council Liaison B. Award of Contract for Cass Park Ice Rink Yes C. Board Liaisons Renovations Phase II, General Construction — D. Superintendent and Staff Resolution 8. Buildings, Properties, Refuse & Transit C. Award of Contract for Cass Park Ice Rink Yes A. Award of Contract for Professional Services for Yes Dir. of Eng. Logue 5 min. Construction Materials Testing Services for 2016 Resolution Construction Program — Resolution Proposals were received and reviewed. Staff has made a recommendation for the award of this contract. 9. Highways, Streets & Sidewalks 10. Parking & Traffic A. Denial of Encroachment Request from Ruloff's at Yes Supt. Thorne 5 min. 411 College Avenue —Resolution Per the Board's discussion, a resolution is provided for the denial of the request. 11. Creeks, Bridges & Parks A. DeWitt Park Lighting — Resolution Yes Asst. Supt. Benjamin 5 min. A resolution is supplied for the Board's consideration. B. Award of Contract for Cass Park Ice Rink Yes Dir. of Eng. Logue 5 min. Renovations Phase II, General Construction — Resolution C. Award of Contract for Cass Park Ice Rink Yes Dir. of Eng. Logue 5 min. Renovations Phase II, Electrical Construction — Resolution Time Topic Voting? Presenter(s) Allowed Bids were received for the renovation of Cass Park lce Rink. Staff has reviewed the bids and have made recommendations for award of contract. 12. Water & Sewer A. Award of Bid for Water & Sewer Division "Trench Yes Asst. Supt. Whitney 5 min. Shield System" — Resolution Bids were received and reviewed by staff. 13. Discussion Items A. Friends of Stewart Park Update No Rick Manning & 10 min. Diane Riesman The Friends of Stewart Park have provided a memo with an update on a couple of projects they have undertaken. Rick and Diane will be present to give an overview and answer questions B. Appeal of Water and Sewer Bill for 424 Richard No Asst. Supt. Whitney 10 min. Place The property owner has submitted a protest to the water and sewer bill he received for the last quarter of 2015. Staff has reviewed the account and provided information for the Board. C. Recommendation to Establish a Capital Project No Asst. Supt. Whitney 15 min. and Funding to Replace a portion of the Sanitary Sewer Main along the South Hill Trail above Renzetti Place — Proposed Resolution Two sewer mains are in need of replacement along the South Hill Trail above Renzetti Place. Staff is requesting the Board recommend that Council establish a capital project for this work. D. Buffalo Street Municipal Parking Lot No Dir. of Parking Nagy 10 min. A neighboring business has submitted a request to purchase parking for his customers in this lot. An existing agreement with Mr. lacovelli, owner of the neighboring apartment building, comes to an end on March 31, 2016. The City could install a pay machine in this lot like the one located in the Green Street Garage Surface Lot. Staff is requesting direction from the Board. 14. New Business No 15. Adjournment Yes Page 2 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, Director of Engineering Date: March 9, 2016 Re: Tioga Street - Bicycle Boulevard At your meeting on Monday, March 14th, you will be holding a public hearing about the proposal to implement portions of the Bicycle Boulevard plan for North Tioga Street from the Commons to Farm Street. This segment would complete the bicycle boulevard related work on Tioga Street that was started under the Safe Routes to School project last year. We are also collecting written public comments until Monday. We will print out packets of all the comments we receive by noon on Monday and hand them out at your meeting. Any comments that we receive later in the day, we will forward by email. At your last meeting you requested a fourth option that would allow the Bike Boulevard route to connect to the Commons without removing parking. As we noted previously, we were concerned about just continuing the treatments we used in the neighborhoods into the central business district due the increased traffic volumes, and felt that changing to standard bike lanes would be preferable. However, if the Board is not willing to remove parking, perhaps intensifying the amount of traffic calming would be an acceptable way to still design for this facility. Attached is a proposal showing the number of speed humps that I think would be necessary to keep speeds down to levels suitable for the bike boulevard. We would complement these with reducing the speed limit to 25mph, and installing the large pavement markings and wayfinding signs that we used elsewhere along the route. We are still collecting parking occupancy data with the Parking Division. We should have that information for your next meeting. At that time, we can also discuss the public comments and the alternatives for this project. `An Equal Opportunity Employer with a commitment to workforce diversification." ca EXISTING SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP PROPOSED SPEED HUMP E. SENECA ST. FT FT FT FT FT 8A. Award of Contract for Professional Services for Construction Materials Testing Services for 2016 Construction Prouram — Resolution WHEREAS, Proposals were received on Friday March 4, 2016 for the Contract for Professional Services for Construction Materials Testing Services, and WHEREAS, The lowest price proposed that met the terms of our request for proposals was provided by CME Associates, Inc. located at 701 B Chemung Street, Horseheads, New York, 14845, with a proposal not to exceed $25,814.80 for Testing and Inspection Services, and WHEREAS, Funding for the Contract for Professional Services for Construction Materials Testing Services for the 2016 Construction Program shall be provided through Operating Budgets and Capital Programs, and WHEREAS, It is the recommendation of the City's Engineering Department that the Contract be awarded to, CME Associates, therefore let it be RESOLVED, That the Board of Public Works award the Contract for Professional Services for Construction Materials Testing Services for the 2016 Construction Program to CME Associates, Inc. 701 B Chemung Street, Horseheads, New York, 14845, and be it further RESOLVED, That the Superintendent of Public Works be authorized to enter into and administer this contract. Page 3 JCITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 To: Board of Public Works From: Leland O'Connor, Engineering Technician Date: March 14, 2016 Re: Recommendation for Award of Contract, Construction Materials Testing Services On March 4, 2016, proposals were opened for the 2016 Construction Materials Testing Services. Three proposals were received; the proposal tabulation is attached. This is a recommendation to award contract to CME Associates, Inc., 701 B Chemung St, Horseheads, NY 14845. This professional service provides testing and materials inspection services for various capital projects and public works projects throughout the City. If you have any questions, you can reach me at 793 -8403 or loconnor @cityofithaca.org. "An Equal Opportunity Employer with a commitment to workforce diversification." LL O YZ Z O2 �Q Wa ZW Q � aZ =z � W 2 OQ La W Oa r- 0 t Q £ _e c o as rn c c O m o m C .� O V 10 ao c N O C s v� S d: c� Z us a 0 m r Z `m e = a m° V r G Z E ti 1 00 0.9 In co 0 m N i r Z 0 a IL EL O C V 0 0 co rn N M 69 J H O D W W V x W O 10A. Denial of Encroachment Request from Ruloff's at 411 College Avenue — Resolution WHEREAS, the Owner of Ruloffs, located at 411 College Avenue, has submitted an Application for Use of City Property to provide and maintain existing, unpermitted benches and attached business signage on a sidewalk bump -out within the City ROW in front of Rulofrs, and WHEREAS, the 400 block of College Avenue experiences high pedestrian traffic with relatively narrow sidewalks, and the existing benches reduce the amount of space intended for pedestrian use, and WHEREAS, there are currently no design guidelines for the Collegetown streetscape, and the Board of Public Works does not wish to evaluate the aesthetic aspects of various streetscape elements in the absence of design guidelines, now therefore be it RESOLVED, That the Board of Public Works denies the Application for Use of City Property for the existing benches in front of Ruloffs, and be it further RESOLVED, That the Board of Public Works supports the development of design guidelines and approval processes for the Collegetown streetscape. Page 4 I IA. DeWitt Park Improvements — Resolution WHEREAS, the City of Ithaca Department of Public Works and Parks Commission have identified public safety needs at DeWitt Park, which include increased lighting and landscape modifications, and WHEREAS, capital funding for public safety improvements in DeWitt Park were not established in the 2016 budget, and WHEREAS, it was recently discovered that a trust fund consisting of private donations, with a current balance of $2,892.90 (known as the DeWitt Park Improvement Fund) was established for the sole purpose of non - specific improvements to DeWitt Park, now therefore be it RESOLVED, That the Board of Public Works supports utilizing the trust fund account to supplement operating funds for public safety improvements at DeWitt Park up to the full balance of the trust fund, and be it further RESOLVED, That the Board of Public Works directs the Superintendent of Public Works to work with the City Chamberlain and City Controller to access the trust funds for this purpose. Page 5 11A. DeWitt Park Improvements— Resolution WHEREAS, the City of Ithaca Department of Public Works and Parks Commission have identified public safety needs at DeWitt Park, which include increased lighting and landscape modifications, and WHEREAS, capital funding for public safety improvements in DeWitt Park were not established in the 2016 budget, and WHEREAS, it was recently discovered that a trust fund consisting of private donations, with a current balance of $2,892.90 (known as the DeWitt Park Improvement Fund) was established for the sole purpose of non - specific improvements to DeWitt Park, now therefore be it RESOLVED, That the Board of Public Works supports utilizing the trust fund account to supplement operating funds for public safety improvements at DeWitt Park up to the full balance of the trust fund, and be it further RESOLVED, That the Board of Public Works directs the Superintendent of Public Works to work with the City Chamberlain and City Controller to access the trust funds for this purpose. Page 5 11 B. Award of Contract for Cass Park Ice Rink Renovations Phase II, General Construction — .Resolution WHEREAS, bids were received on Tuesday February 16, 2016, for Cass Park Ice Rink Renovations Phase II, General Construction Contract and WHEREAS, Capital Project 733 funding was approved by Common Council on November 4, 2015, and WHEREAS, Edger Enterprises, Inc., 330 East 14"' Street, Elmira Heights, New York. 14903 did submit a bid for: General Construction Base Bid of $997,000 and Alternate 1 Roof Extensions of $58,200 and Alternate 2 Re staining Wood Arches of $21,000 and Alternate 3 Mech. Fastened Roof System of ($67,300.) Total Proiect Cost $1,008,900, now therefore be it RESOLVED, That the contract for General Construction Base Bid including all three Alternates is hereby awarded to Edger Enterprises, Inc., 330 East 14th Street, Elmira Heights, New York 14903 for their low submitted bid of $1,008,900, and be it further RESOLVED, That the Superintendent of Public Works be authorized to enter into and administer these contracts. Page 6 11C. Award of Contract for Cass Park Ice Rink Renovations Phase II, Electrical Construction — Resolution WHEREAS, bids were received on Tuesday February 16, 2016, for Cass Park Ice Rink Renovations Phase II, Electrical Construction Contract, and WHEREAS, Capital Project 733 funding was approved by Common Council on November 4, 2015, and WHEREAS, Billitier Electric, Inc., 760 Brooks Avenue, Rochester, New York 14619 did submit a bid for: Electrical Construction Base Bid of $92,000 and Alternate 1 E -1 Colored Lighting $41,400 and Alternate 2 E -2 Omni Directional Speakers $4,000 and WHEREAS, the Total Protect Cost including the two alternates of $138,200, now therefore be it RESOLVED, That the contract for Electrical Construction Base Bid including two Alternates is hereby awarded to Billitier Electric, Inc., 760 Brooks Avenue, Rochester, New York. 14619 for their low submitted bid of $138,200, and be it further RESOLVED, That the Superintendent of Public Works be authorized to enter into and administer these contracts. Page 7 n -F, -� --j 0'���' To: From: Date: Re: CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 Board of Public Works Brooks Hendrix, City Civil Engineer March 14, 2016 Recommendation for Award of Contract, Capital Project # 733, Cass Park Ice Rink Renovations Phase II On Tuesday November 4, 2015 funding in the amount of $1,300,000 was appropriated to Capital Project 733. Bids were received for the Cass Park Ice Rink Renovations Phase II, Capital Project #733, on Tuesday February 16, 2016, for both the General Construction Contract and the Electrical Construction Contract. This project is Year 1 of 2 of Cass Park Ice Rink Renovations Phase 11. The project will replace the roof at the Cass Park Ice Rink that has definitely exceeded its useful life. There is a long record of severe leaking in various parts of the building. In preparation for Year 2 insulation is being installed as a requirement for enclosing the Rink. In addition the interior of the rink will cleaned up and made much more inviting. The project will include the following: . • Remove the low E Ceiling and remediate the hazardous bird droppings. • Replacement of all the high bay lighting with LED Fixtures. • Staining the Wooden Arches • Painting the underside of the roof deck Beyond the merits of the project, there are strong reasons the City should move forward with this project. • Five General Construction bids and eight Electrical Construction bids were received. • The proposed total project cost is within 15% of the architect's estimate of $1,300,000. • The contractor that submitted the lowest qualified bid, Edger Enterprises will be sub - contracting J &13 Installations for the roof installation. J &B Installations, Inc. has successfully completed several projects for the City of Ithaca (the bid tabulation is attached). I recommend the award of the General Construction contract to Edger Enterprises, Inc. for their low bid of $1,008,900. I recommend the award of the Electrical Construction contract to Billitier Electric, Inc. for their low bid of $138,200. If you have any questions, you can reach me at 279 -7171 or bhenddx @cityofithaca.org. "An Equal Opportunity Employer with a commitment to workforce diversification." m O o O 0 O 0 C! °o F o 0 N O O C E N O a Of O aJ O N iY9{ O i/L to q} ��/► E N M Q p O O O O O O C p 0 o 0 O oO M 4/ al Q N LL n "' n in ► Kj v b vim.. Cd C al V N Q Q' V 0 O O O O O o aa. 00 CD O o G 0 p C� m O a o 00 Y C Q ,C A Y A N N N N V} N V► ry yt N w N0 O O O O O O O 0 C al 00 a oQ m c9 c w `m 0 o O N7 Q o K N H N N ao' N eo N O o o O O O_ O 0 O 0 O m O O 0 O O N O O m O N Wf 001 001 in V1. O � • I I I E Z 7 '0 Z / 7 Q ti i zp Y d 7 O ' C O C m E as N f0 d Ln > c N O Q u a Z cr N > a_V m m , ? 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Award of Bid for Water & Sewer Division "Trench Shield System" — Resolution WHEREAS, bids were received on March 4, 2016 for a trench shield system to be used to provide OSHA required personnel protection during excavation for construction and maintenance of our underground utilities, and WHEREAS, preliminary vendor quotes of $35,000.00 was budgeted in the 2016 Budget under "Construction Equipment" with $14,000 in F8316 -220 and $21,000 in G8116 -220, and WHEREAS, staff has reviewed the 4 bids received and made recommendations for award, now therefore be it RESOLVED, That the Board of Public Works hereby awards the Bid for the specified Trench Shield System components to American Shoring, Inc., 207 Lake Street (Route 32), Newburgh, NY 12550, NY, for a total of $16,600.00 Page 8 E 2§2§882 2 G §I o © z § w §■w$$ .4 wdad cd "o cd d $ Cd q # §§ fA&� �__ & . w 0 m CO cm G E 8888888 o ICD 2 cc Gn-2�got a J w@ -r 0 22&#& ®2 § \ \ƒLO @ E J Co 4) c § r E § �ReI 0- . 2 ea 2888888 «_« G �z § 'teq@BNBG 8 § 7 431 1-cl e�Ne e 41) V), � § q w 2 ap /! r- 8288088 dQWOOOM eN_NW_N =kZV &. 0 2 2�® \7E7 & z •��� § §�§I ' <m2a § 2 C c g ■ § V �e IL L IM =�vE cc 0 0 " 61 :90 0 m �®2 .0 J2 C4 � CD m w I ��■ LL F-� 0 _ ��k§ § e e §' Co � 2w N N X C 2 wk ��I xx.LUXCo 22 tea■ �� -■�_� «m 0.< /� � zLU ■ �L2.. ■��� � �22LL Z LU _N -V■_� U Din B Friends Stewart . Y SF � iend o f teivd`?rt Board of Public Works. Meeting Monday, March 14, 2016 PARK REVITALIZATION PROJECT UPDATES Rick Manning, Exec. Dir. /FSP • Picnic Pavilion Restoration In 2013, Friends of Stewart Park received a $70,500 grant over 4 years to enhance Stewart Park buildings, specifically the Picnic (Large) Pavilion. $20,500 was contributed to the bathroom project in year one. Now, the Tompkins County Tourism Program has authorized $40,000 ($15,000 for year two and $25,000 for year three of the grant) to be spent to address the pavilion's door and window units. Most of this funding will be spent on restoring 3 north - facing units with laminated glass that is vandal resistant and will allow the City to NOT have to protect the units during the winter months. Remaining funds will be spent on restoring one additional door in the fall of 2016. FSP hopes to raise additional funds during the summer towards this project. Also, there is $10,000 remaining in year four of the County Grant that will be spent on doors, or interior projects such as lighting or painting. FSP is requesting permission to restore and install three door window units in April 2016. The Ithaca Youth Bureau has identified a two -week time period during which this work can be done. • Fuertes Bird Sanctuary Overlook Restoration The Friends of Stewart Park received a grant from a local family foundation for $10,000 to restore the stone overlook near the Boathouse. This involves repointing the stone walls, resetting stone landings, and replacing the metal railing. The Cayuga Bird Club, which originally funded the project in 1934, will provide a matching grant (likely in the $2 — 3,000 range but not yet confirmed). The foundation requested that FSP raise $5k in matching funds to release their $10,000 for the project. We are confident we can raise this funding within the next two months. dF Our goal is to raise $20,000 in total (including the $10,000 already raised) which would allow for planting along the pond bank in consultation with Jeanne Grace; creating an accessible connection to the Waterfront Trail; and designing and installing an interpretive panel on the history of the overlook and habitat of the pond area which is a very important area for migrating songbirds. No action is required at this point. FSP will return with more details in the future. February 4, 2016 TO: Board of Public Works, City of Ithaca Mayor Svante L. Myrick, Chair Claudia Jenkins, Vice -Chair Jonathan Greene Mark Darling David Warden Donna Fleming, Common Council Liaison Larry Roberts, DAC Liaison FROM: Frank F. "Mike" Powers, acct 8118858000 RE: 4th quarter 2015 water and sewer bill I am writing to appeal my fourth quarter 2015 water and sewer bill. On December 9 we received an "out of range" notification from the Office of the Chamberlain that our water usage for the fourth quarter, as measured on December 3, was 35 units. This is 67 percent higher than our average quarterly water usage of 21 units and 169 percent higher than our third quarter usage of 13 units. The lower third quarter usage reflected the fact that my wife and I were away much of the quarter. We were also away during much of the fourth quarter so the usage should have been similar. Our bill arrived on December 14. On December 17 I called Barbara Frycek in the Water and Sewer Division and asked that a technician cnme to the house to pull usage data for the quarter from our meter. This was done the next day and data was gathered from September 18 onward. Note that data from the first two weeks of the quarter, September 4 to September 18, were unable to be pulled. A second attempt on January 29 also failed to pull the data. I have sent the data file to Kathy Gehring along with this letter An analysis of the September 18 to December 3 usage shows no anomalies. We used 9 units, or 6,732 gallons, during that 76 -day period. These numbers are consistent with our normal usage pattern and reflect the time we spent away during the quarter. This means that the supposed consumption of the other 26 units, or 19,448 gallons, occurred between September 4 and September 18, the 14 -day period for which no usage data can be obtained. In short, here are the numbers: • September 3 reading: 623 • September 18 reading: 649 • Length of time: 14 days. Billed for: 26 units /19,448 gallons. Daily average: 1,389 gallons. • Usage data available: No • September 18 reading: 649 • December 3 reading: 658 • Length of time: 76 days. Billed for: 9 units /6,732 gallons. Daily average: 88.6 gallons. • Usage data available: Yes The numbers from September 3 to September 18 defy any common sense explanation. I believe the meter malfunctioned at some point between those two dates. Unfortunately, since the data for those two weeks cannot be retrieved, the exact date(s) and time(s) of the malfunction cannot be determined. I have done some research on Master Meter Systems, the meter's manufacturer, and have found, as you would with any mechanical devices, documented instances of malfunction. Barbara explained to me that appeals such as this result in the meter being removed from the residence and taken down to the division for testing, with the customer in attendance. I appreciate this but do not believe it will explain what happened. I have been monitoring the meter daily since this issue arose and all appears normal. Testing will not explain what happened between September 3 and September 18. Given these inexplicable numbers, I am asking that my fourth quarter bill be reduced to the average consumption of the previous four quarters (13, 17, 16, 20), or 16.5 units. Thank you for your time. I would also like to thank Barbara, who has been very helpful and has taught me more about Ithaca's water system than I ever thought I would know. I can be reached at 607 - 339 -7524 or ffplCa cornell.edu if you have any questions. Cc: Michael J. Thorne RE: appeal letter RE: appeal letter Erik Whitney https: // mail. cityofithaca. org /owa/ ?ae= Item &t= IPM.Note&id =RgA.. - Sent: Tuesday, March 08, 2016 2:42 PM To: Kathy Servoss; Michael Thorne Cc: Barbara Frycek Attachments:424richard pi sept -dec dat -l.pdf (318 KB) ; 424 Richard PI- 1.dooc (185 KB) Hello Kathy, The meter at 424 Richard Place appears to be working well and registering the flow which passes. Being a positive displacement meter there is no question in my mind that the reading on the register reflects the volume of water which passed through the meter. The digital memory of the data log function on the meter is only sized to keep the previous three months-of data plus or minus a couple of weeks depending on the number of data points captured. Mr. Powers called Barb Frycek, Sr. Water Meter Technician on 12/17/15. On 12/18/15 a data log was performed on the.water meter, the data log captured data from 9/18/15 through 12/18/15, for exactly 3- months as designed. The mechanical register ( "odometer ") keeps a running total from day one and is what the billing is based on. The fact that for the time frame in question the detailed usage pattern was not available has no bearing on the actual read, if available it would have only shown time vs. usage on a hourly basis. If the Owner doubts the water meter accuracy we can bench test water meter with the Owner present. Note Data Log and Screen Shot of recent billing record is attached. Not necessary to reprint in agenda, but we may want a copy on hand at the meeting. Regards, Erik Whitney, PE Assistant Superintendent City of Ithaca DPW Water & Sewer Division 510 First Street, Ithaca NY 14850 0: (607) 272 -1717 C: (607) 280 -1041 From: Kathy Servoss Sent: Tuesday, March 08, 2016 1:49 PM To: Michael Thorne; Erik Whitney Subject: RE: appeal letter Hi Erik, Do we have a recommendation for this appeal? I'd like to put it on next Monday's BPW meeting agenda for discussion. Do you agree? - Kathy Servoss Executive Assistant Supt. of Public Works, Engineering, & Parking City of Ithaca 108 E. Green St. 1 oft INP -11r. 1,2d PN4 RE: appeal letter Ithaca, NY 14850 607- 274 -6527 From: Michael Thorne Sent: Thursday, February 04, 2016 1:04 PM To: Erik Whitney Cc: Kathy Servoss Subject: FW: appeal letter Hi Erik, https://mail.cityofithaca.org/owa/?ae=ltem&t--IPM.Note&id=RgA take a look at this appeal. One more email to follow. Michael Thorne, P.E. Superintendent of Public Works City of Ithaca 108 E. Green Street Ithaca, NY 14850 607 - 274 -6527 From: Mike Powers [ffpl @cornell.edu] Sent: Thursday, February 04, 2016 11:24 AM To: Kathy Servoss Cc: Michael Thorne Subject: appeal letter Dear Kathy - Please find attached a letter to the Board of Public Works appealing my 4th quarter 2105 water and sewer bill. Please forward the letter to the members of the board. I will follow with the usage data file that was obtained on December 18. Thank you. Frank "Mike" Powers )nf2 ti•c1-.nIcq.i.crti 4 13C. Recommendation to Establish a Capital Project and Fundina to Replace a portion of the Sanitary Sewer Main alone the South Hill Trail above Renzetti Place — Proposed Resolution WHEREAS, two sanitary sewermains along the west end of the South Hill Trail have experience storm related high flows on at least two occasions since 2011 resulting in overflows which spilled onto the trail and along the south ditchline of Renzetti Place., and WHEREAS, the carrying capacity of the two mains is exceeded during high flows due to slope, size, and both mains being connected perpendicular to the flow in the Hudson Street sanitary sewermain at the same location, and WHEREAS, installing 4 new manholes and 463 feet of new 15 -inch diameter pipe and making a new point of connection with the sanitary sewermain on Hudson Street downhill of the existing connection will provide both increased slope and a more hydraulically efficient transition in that the flows will be converging in the same direction, and WHEREAS, City Department of Public Works Water & Sewer Division staff have estimated the maximum cost for this project to be $36,000.00, and WHEREAS, a 41.57% share of the costs of this sanitary sewer project could be reimbursed by the Town of Ithaca under the Joint Sewer Interceptor Agreement, not to exceed $14,965.20, and WHEREAS, City Department of Public Works Water & Sewer Division staff estimates our Crews could complete this work in two to four weeks. Work would be schedule for Summer or Fall of 2016, now therefore be it RESOLVED, That the Board of Public Works recommends that Common Council establish a capital project with funding not to exceed $36,000.00 to facilitate the construction of a 463 -foot length of sanitary sewermain along South Hill Trail above Renzetti Place. Page 9 ..........This is an ACTUAL NOTIFICATION.......... EAS Event Code: Is Secure? 0 Notification ID: 4508951 CAP Identifier: NYAlert- ALLHAZALERT- 4508951 Post Web Site? False Post Jur RSS Feeds? False Post Public Org RSS Feeds? False Post Hidden Org RSS Feeds? False Gateways: EmailMobile AlertsSMS (Priority - NYALRT)SMS (Priority - Failover) Headline: UPDATE: 4 -Hour: Sanitary Sewer Partial Blockage with High Flows Activation Time: 02/19/16 10:01 AM Expiration Time: 02/25/16 2:53 PM Issued By: NYS - Dept. of Environmental Conservation Issued To: NY0026638_4, Tompkins-2 Description: Location of Discharge: S Hill Recreation Way, Ithaca, NY 14850, USA Additional Address Info: Sewer partial blockage and high flow combination Name of Waterbody Affected: Description of Discharge: Manhole surcharge caused by excessive weather conditions. Flows likely caused a blockage exacerbated by existing root intrusion. Potential public area(s) impacted: The following public areas were potentially impacted: Other: Recreational trail Facility name: Ithaca Area Wastewater Treatment Facility, Facility ID: NY0026638 Date and Time of Discharge: 2016- 02- 17T04:00:00 Duration of Discharge: 31.0 hours ended. Reason for Discharge: Root Intrusion: Jetting revealed a root ball Weather Conditions: 1.5" rain, 4" snow melt, flash ground thaw Blockage: High flows yielded a partial blockage including roots Volume or Rate of Discharge: 18600 Gallons (Estimated) Treated State of Discharge: Untreated Steps Taken to Contain Discharge: Jet cleaning removed blockage when flows subsided to manageable conditions. For more information on this and other discharges, visit SPRTK [Disclaimer: Daily and/or termination reports will be provided for ongoing discharges. The information provided in this message is accurate at the time of report using existing systems and models.] Instructions: F- U w 3 O F- z w 2 w U Q J a w Ix z Z> Ix w w U) w U Q J a w N z w OC :7 ui V tD i%i �V i1h i? In r 4 M Ln M a a in 114 E H W 0 0 0 0 0 0 0 0 0 0 0 a+ 1n 0 0 0 0 0 0 0 0 0 0 G n/) ui 0 0 0 0 L 7 0 0 0 0 M V). 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O m= c V Q C U l6 O E �^ N m M aJ o to .O 00 r�-1 G 11 u CC C7 — W J ri N M Ln tm r*% 00 m O vi ri ri O N O �-1 41 V CL c a, N a) 7 a� a, i C a o� O U _ a, OA C C O U N r-1 76 O H O N O �-1 41 V CL c a, N a) 7 a� a, i C a o� O U _ a, OA C C O U N r-1 76 O H RE: Parking in Buffalo Municipal Lot RE: Parking in Buffalo Municipal Lot Krin Flaherty Sent: Wednesday, March 09, 201610:42 AM To: Kathy Servoss Cc: Lisa Nicholas Categories: BPW Attachments:Seneca St, W, 602 -612 (Mar —I.pdf (2 MB) ; 611 W HI Kathy, https://mail.cityofithaca.org/owa/?ae=Iteln&t=EPM.Note&id=RgA.. Buffalo St (pkg lot —I.pdf (269 KB) Here you go. Attached is the license agreement for that lot. The relevant BPW resolution is at the end of the license. We had to amend to correct the fee imposed, so I've attached that amendment here too. I believe that the lacovelli property needs access through the lot for purposes of its site plan. I've copied Lisa Nicholas in case she has a different recollection of why this may have been required. It may be simpler to handle lacovelli's building access (if it truly is required) by easement, but that would have to go through Council, and the City would have to receive fair market value compensation for the easement rights. Let me know if you have any questions, and I'm happy to help as this develops. Thanks! Krin Krin Flaherty Assistant City Attorney 108 E. Green Street Ithaca, New York 14850 Tel: (607) 274 -6504 Fax: (607) 274 -6507 This e-mail contains information that may be privileged and confidential. If you are not the intended recipient, please delete this e-mail and notify us immediately by reply email, or at (607) 274 -6504. From: Kathy Servoss Sent: Tuesday, March 08, 2016 2:40 PM To: Krin Flaherty <KFlaherty @cityofithaca.org> Subject: FW: Parking in Buffalo Municipal Lot Hi Krin, Would you mind looking for an agreement that the City made for the Buffalo St. Parking Lot, please? I think it may have been in 2010 -2012 and possibly with Iaccovelli, maybe. It had to do with an easement for the residents of the apartment building to go through the lot to get to the apartment's parking lot. Dan Hoffman was lead attorney on the agreement. RE: Parking in Buffalo Municipal Lot n -,r 3 https: // mail. cityofithaca. org /owa/ ?ae= Item &t= IPM.Note &id =RgA.. Is that enough information? : -) I just can't seem to find the documents in our office! - Kathy Servoss Executive Assistant Supt. of Public Works, Engineering, & Parking City of Ithaca 108 E. Green St. Ithaca, NY 14850 607 - 274 -6527 From: Frank Nagy Sent: Friday, March 04, 2016 3:17 PM To: Kathy Servoss Cc: Michael Thorne Subject: FW: Parking in Buffalo Municipal Lot Kathy I would like to get this on the discussion section at the next DPW meeting. We could put a Parkeon Machine in there that we have left over from the Mayor lot that is now closed for construction and slated to be sold for hotel. We could also add Parkmobile to the lot as well. We could solve two birds with one stone. Thanks Frank Frank Nagy Director of Parking City of Ithaca, NY 607 - 220 -3362 cell From: Michael Persoleo, DC [michaelpersoleo @yahoo.com] Sent: Wednesday, March 02, 2016 11:48 AM To: Frank Nagy Subject: Parking in Buffalo Municipal Lot Mr. Nagy, We spoke yesterday about the possibility of yearly parking spaces in the Buffalo St. Municipal lot located between Fulton and Meadow Streets. My wife and I own the Chiropractic Office at 208 N. Meadow St., which backs up the the parking lot in question. We are growing and looking to add others health care providers to our office, but our current parking is limited. We first spoke a few months ago about renting several spaces on a yearly or semi permanent basis. When you brought this topic to the City they responded by saying that public spaces RE: Parking in Buffalo Municipal Lot https : / /maii.cityofithaca.org/owa/ ?ae= Item &t= IPM.Note&id =RgA.. shouldn't be dedicated for private use. Yesterday you mentioned the possibility of changing the lot back to a pay station lot, which would be easier for my patients as well as others using the lot for local businesses. If the lot were changed to metered parking or if a pay station were added, our patients could easily walk between our office and the parking lot. This scenario would be ideal for our patients as well as clients of other professionals in our building. If parking passes are still available monthly or yearly, tenants of ours would have the option of long term parking for themselves and tenants of the apartment building would still be able to use the lot. Since the lot adjacent to ours was developed and a wall was constructed along our drive way it has become difficult for many of our patients to access our parking lot. I have several patients who have offered to write the city on my behalf about the lack of parking in our area and the difficulty of accessing our parking lot. I would be happy to forward their comments if such information would be of help and please let me know if there is anything I can do. Yours in Health, Michael Persoleo AGREEMENT / REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT; made this 17 day of yyi a r c. �\ . 2015, by and between: 10- James lacovel li, the owner of the property at 602-6 12 West Seneca Street, Ithaca New York 14850. (hereinafter referred to as "LICENSEE "), and R The CITY OF ITHACA, NEW YORK, a municipal corporation having offices ai 108 E. Green Street, Ithaca, NeAv York (hereafter referred to as "CITY "), WITNESSETH THAT: WHEREAS, LICENSEE is the.owner of a parcel ofland with improvements thereon in the City of Ithaca, County of Tompkins, State ofNew York, commonlyknown and designated as 502 -612 West Seneca Street, Ithaca, New York, and as Tax Map Parcel No. 59- 7 -17 ;. 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 approximately 1,950 square feet and is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: use of a north -south aisle approximately 15 feet wide by 130 feet in length through the Cit}, -amwed packing lot parcel at 611 {Pest Bq}jalo Street for tvlticular ingress and egress to LICENSEE's adjacent parking lot, as illustrated on a site plat map prepared by L. Fabhroni, P.E., _,tor "Jacaivili 612 W Seneca Apartments; " dated 7115110 and attached and incorporated into this Agreement as "Exhibit A" and WHEREAS, Chapter 170 ofthe Municipal Code ofthe Cityof 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- describcd 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 fires described herein (either in full, or pursuant io 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, LICENSED shall have the right to occupy and lawfully use the City -owned land described above, subject to the terns and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (car 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 of the 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 August 1, 2013 (the date upon which the project was substantially complete and granted a certificate of occupancy by the City) and expiring on March 31, 2016. This License shall roew automatically thereafter, for one -year tams, 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 (Le., before April I), and provided that the CITY has not notified LICENSEE, by March I ", of the CITY's intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein maybe terminated by LICENSEE, for any reason, upon at least 30 Clays' 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 may be 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 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 ofthe use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the previsions 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 $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of 'this fee is to cover the amount of City staff time typically associated with the processing of such applications. This fee is due by April 1, 2015. Annual Use Fee: The Total Use Fee for the initial term ofthis license (August 1, 2013 to March 31, 2016) is $3,038.75. This fee is based can the October 13, 2010 Board of Public Works resolution, which is attached and incorporated into this Agreement as Exhibit B. A check in the amount of $3,038.75, payable to the City cd' Ithaca. must be submitted to the City Chamberlain's office by April 1. 2015. 2 This Use Fee represents the estimated fair rental value ofthe City land in question for the initial term commencing in August 2013 when LICENSEE received its Certificate of Occupancy, and is based upon a report by Pomeroy Appraisal Associates (copy available in the City Clerk's office) and the October 13, 2010 resolution ofthe Board of Public Works, The City land in question was deemed to be in the "Primary Highway Commercial (Rt 13/Elmire Road Corridor)" {category, and to consist of approximately 1 .950 square feet. The fair rental value ofsuch land with improvements was deemed to be $1.15 per square foot for 2013-2014,$1.17 per square foot for 2014-2013, and $1.18 for2015- 2016. To represent the use as a shared use, the City reduced the fee by 50 %. Upon written notice of LICENSEE's intent to perform the work described in the October 13, 2010 Board of Public Works resolution, and upon of erofproofofcompletion ofthe work acceptable to the Assistant Superintendent of Streets and Facilities, LICENSEE's Annual Use Fee. may be reduced in an amount equivalent to the credits authorized by the October 13, 2010 Board of Public Works resolution. 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 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February i ' prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the tight to correct the amount of the Use Fee at anytime, if the square footage of land occupied by LICE1wNSEE 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 ofthe 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 ofassessed 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 afar proximity to said premises, and to repair orremove 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). In order to claim credits toward LICENSEE's Use Fee, LICENSEE must notify the Assistant Superintendent of Public Works in writing of LICENSEE's intention to perform the work described in the Octobcr 13, 2010 Board of Public Works. LICENSEE must provide proof that in the Assistant Superintendent of "Public Work's sole discretion, LICENSEE has completed the work and satisfied its obligations to be eligible for the credit in a use fee year. 10 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the 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 of the 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 ofgrade 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 preppy. 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 of the 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. 1.0. LICENSEE hereby agrees to keep the licensed premises insured at all times. in the amount of at least S 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. 11. In the event of the expiration and non - renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. Tliis 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 ofthe City Chamberlain), or to LICENSEE (orany subsequent owner orperson, as described above) at the address set forth above, or at any other address provided in writing, to CITY by LICENSEE. 4 IN WITNESS WHEREOF, this A17eernent has been duly executed by the parties hereto as of the day and year first above written. JAMES iACOVELLI (Licensee) By:e'a, Ames lacovelli, Owner CITY OF ITHACA By: � �-- Svante L. Myrick, Ma r STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of 2015 fire me the undersigned, a Notary Public in and for said State, personally appeared rr - %�s , 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 byher/his signature on the instrument, the individual, or person on behalf of whicli the .indi ' acted, executed the instrument. /1 Notary Puifid 'TRACY VANDEIiZEE NOTARY PUBLIC. STATE OF NEW YONIC STATE OIL NEW YORK ) qua Bed�N�� 1 COUNTY OF TOMPK.INS ) ss: Commission E*res Dec. a, 20 On this &0 day of d , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared S'VANTE L. MYRICK, personally known tome, or proved tome on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that her resides at Ithaca, New York, and that lac is the Mayor cif the City of Ithaca, the municipal corporation described in and which executesd the above instrument; and that he signed his name thereto upoti authorization of the Board of Public Works of such corporation, Approved as to lon7n and content: City At ornw Not ry Publi .` {RIN MARIE SMRY Nunary Public, Skft of NwYork too. 01SA8088225 OusiffieH to Tompkins County :oznmisslon EIVIM&APHI 13,2b-07 do "T hate I Co SIGN, NUIES, of "Flyl, r WUWM *am Now= 0, mm d -LID - BUFFALO IA� FASIR4C 7-P-59-7-10,13,15 1� PUL L IRROS. [tic Pot 4�4 041K)PRAC71C Of') ICE � TP 59-7-16 i WMA -uv"'-IKLD L MATICLEINE PI ILI T .211 1. L.1 AML L J-1 J44MINETTf Fn -TI i WMA Board of Public Works Regular Meeting Page 2 October 112010 Exhibit B. By Commissioner. Seconded by Commissioner RESOLVED, That the Minutes of the September 13., 2010, Board of Public Works Meeting be approved as proposed. Commissioner Brock suggested putting this item on the October 20, 2010 agenda in order to give Board members time to review the modified version of the draft minutes that was previously distributed to the Board.. No Board member objected. AMINISTRATION AND COMMUNICATIONS: IlAayar's'Recommended Budget — First impressions Supt. Gray explained that the City has a total budget of $59 million, and that the Department of Public Works has a $23 million budget. He expressed his disappointment and frustration with. the discussions that Common Council has been having as they go through the department's budget line by line. Discussion followed regarding the proposed budget; Commissioner Goldsmith requested that the Hoard be provided with a five -year project plan for the Department of Public Works, including Transportation Improvement Plan (TiP) projects. Mayor Peterson suggested providing the five -year capital plan to the Board. BPW Review of Charter— Discussion Continued, start at C-62 This item was not discussed. NOTING ITEMS BUIi.IDINGS, PROPERTIES. REFUSE, AND MM§IT: Bequest for License for 61I Wrest Buftlo Street — Resolution By Commissioner Goldsmith: Seconded by Commissioner Brock WHEREAS, James and Antoinette iacovelil.(hereinafter "iscovalii), .owne.rs of record of the property at 602 -612 W. Seneca Street (Tax Map Parcel No. 59- 7 -17), in the City of Ithaca, have requested permission to use an addjacent parcel owned by the City of Ithaca (611 W. Buffalo Street, Tax Parcel No, 59 -7 -9) in. order to provide ingress and egress to a 14 -space .parking lot. proposed to be constructed by lacovelli in the northwesterly comer of lacoveilt's property, to serve a 24 -unit rental complex to be constructed at that site; and WHEREAS, the City-owned .parcel Is currently a parking lot intended for use by residents in the neighborhood in Its vicinity; and WHEREAS, the parking area proposed by lacovelli would in effect act as an extension of the City - owned parking lot, with Ingress and egress to be achieved by way of a continuous north -south aisle from W. Buffalo Street, as illustrated on a site plan map prepared by L. Fabbroni, P.E., for `lacovelli 612 W. Seneca Apartments," dated 7115110; and WHEREAS, the Superintendent has reviewed this request and does not anticipate any conflicts in the near future, from a public works standpoint, with the proposed shared use of the property at tit 1 W. Buffalo Street; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca stipulates that as a general practice the City shall receive value equivalent to fair market rent for use of City land by others; and WHEREAS, while the Board of Public Works has not yet adopted a schedule of fees for such usage, pursuant to Chapter 170, the City nevertheless has an estimate of the fair market value, generally, of =unimproved) "prime commercial highway land" (e.g., along Route 13), from a professional appraiser retained by the City, which base value is $9.50 per square fool. assuming a rate of return of 10% for the City, as the appraiser recommends, the fair rental value is $1.02 per square foot per year; and Board of Public Works. Page 3 October 13, 2010 Regular Meeting Exhibit B WHEREAS, the Clty-owned land through which access is requested has been improved by the City, which improvements include a concrete driveway apron from Buffalo Street, a concrete sidewalk between the apron and the parking area, and an asphalt surface on the parking area; and WHEREAS, the City's appraiser has valued said improvements (in their original state), and has concluded that they add $0.33 per square foot per year to the base value (for a total 61$13S/square foottyearj; and WHEREAS, to provide the requested access to a parking area at the rear of 602 -610 W. Seneca Street, lacovelli would require shared use of a corridor through the City-0wned parcel at 611 W. Buffalo Street, approximately 15 feet wide by 130 feet in length (to the street line), comprising approximately 1,950 square feet, the fair rental value of which area, including the afore- mentioned improvements provided by the City (assumed to be 1,875 square feet of asphalt surface and 75 square feet of sidewalk), is $2,632/year; with standard reductions for operating expenses, the value is $2,450, or $1.25 /square Fool. (which value is intended to incorporate the effect of additional wear and lean upon the City's improvements); and WHEREAS, the use requested by lacovelli is not expected to interfere with normal use of the City's parking area by others, and therefore represents. a shared use (of the access corridor), for which reason the City's appraiser recommends a 50% reduction in the rental amount — i.e., to $1,306 per year, and WHEREAS, lecovelil has indicated an interest in providing certain services for the City parking lot at 611 W. Buffalo Street, during the term of the license, for the sake of efficiency and at lacovelll's cost, in exchange for a reduction in the use fee; and WHEREAS, the Board wishes to receive the following services from lacovelli, the annual "cost" of which, If provided by the City, has been estimated by the Assistant Superintendent for Streets and Facilities, as follows, which amounts can be applied as credits" to any license flee hereunder; • timely plowing and removal of snow from the shared access $200/year aisle and from any unoccupied parking spaces in the City lot (not including "retum.trips" to the site during prolonged storm events or because of the presence of parked cars in the lot) • In addition to basic service described above, include "return $330/near trips' to the site, as required, during prolonged storm events and to remove snow from parking spaces previously occupied by vehicles • Grounds maintenance (clean up, etc; every other week) $3861year Now, therefore be it RESOLVED, That the Board of Public Works hereby authorizes the Mayor, upon consultation with the City Attorney, to sign a revocable licenselagreement containing. the standard terms and conditions of such licenses (where applicable), that would permit lacovelli to use the north -south access aisle of the City -owned parking lot tit 1 W. Buffalo Street for vehicular ingress and egress to and from the lacovelli property at 602- 512 W. Seneca Street, upon Its completed development as a apartment building, subject to any terns and conditions of final site plan approval of the project by the City's Planning and Economic Development Board: and be it further RESOLVED, That the term of the license shall be one year from the `effective date." which is the date of substantial completion of lecovetli's apartment building at 602 -612 W. Seneca Street and the commencement of permitted use of the licensed area by lacovelli (defined as the date of removal of the barrier referred to below); and be it further RESOLVED. That the license shall be subject to an Initial, annual fee of 90 (to be pain upon execution, but to cover the one -year period that starts upon the effective Board of Public Works Page 4 ()doter 13.2010 Regular Meeting Exhibit B date), which fee takes into account (1) the estimated fair rental value of the City land, as improved by the City (approximately $2,4501year, after standard reductions), (2) an additional 80% reduction in said value due to the shared nature of the licensed area (to $1,306tyear), and (3) the value to the City of laoovelli's provision of the services described above (for a total credit of 896 , and be it further RESOLVED, That as part of the consideration to be providers by the licensee, lacovelli shall be required to take responsibility, at licensee's sole cost, for the timely and effective provision of the following services: (1) plowing and removal of snow from the central access aisle of the City-owned lot at 611 W. Buffalo Street and from any unoccupied perking spaces in the City lot (which snow shall generally be moved to a location not on City property); and (2) biweekly grounds maintenance of the entire City lot, and and be it further RESOLVED, That as conditions of the license, the licensee must agree (1) to maintain a clear, physical delineation, and appropriate signage, between the parking spaces . on licensee's property and those City property, and (2) to restore the appropriate full, physical separation and buffer between 6 02 — 612 W. Seneca Street and 811 W. Buffalo Street, on the property of licensee, including a privacy fence at least six feet in height and any required landscaping, upon the termination of the license by either party; and be it further RESOLVED. That the license agreement shall be executed as soon as is practical, but the permission it grants to use the licensed area shall not take effect until the substantial completion of lacovelli's apartment building at 602 -612 W. Seneca Street; and the license shall require lecovaill to erect or leave in place until the effective date (as confirmed by the City) a barrier that effectively prevents vehicular passage between the City property and the lacovelll property during that period. NOTE TO BOARD. As noted previously, the City re fained Pomeroy Appraisal Associates to assist the City with the establishment of fair rental values for land licensed to others. With regard to this license ,request, Pomeroy calculated the value of the underlying land ($9.Sftquwe foot) and the value of the City improvements (asphalt paving = $4.001square (ool; sidewalk = $6 00/square foot). Subsequent to the release of its chart dated 9120110, Pomeroy told Clay otffcials, in a conference on 9130/90, that the City improvements to the lot In fact should tQ be depreciated (as had previously been suggested) for the ,purpose of calculating the rental value. Therefore, the total value of the improved land to be licensed (1950 square feet) Is $26,475. At the rate of return recommended by Pomeroy (IOWyear), the potential. gross income appears to be $9.351square foot: With standard deductions, the net rental rate would be $1.25. Applying a 50% adjustment factor for shared use of the licensed space, the value would be $0.871square f000Pear, or St 3061year for this license. City Attorney Hoffman explained that the resolution was revised since the last Board meeting with changes suggested by the appraisers. He stated that Supt. Gray requested the City only allow snow removal and grounds maintenance by the developer, a value of $916 to the City for those two tasks. Supl. Gray expiained that it is expected that if the agreement is renewed that the fee would W adjusted. Commissioner Wykstra expressed his appreciation for the work put into creating the license agreement and thinks the Board should approve it. Mayor Peterson requested that a record be kept as to the type of services received from the developer over the next year in order to insure that conditions of the agreement are met. A Vote on the Resolution resulted as follows Carried unanimously