HomeMy WebLinkAboutPWC Minutes 2026-02-24
Town of Ithaca
Public Works Committee
February 24, 2026, 9:00 a.m.
Minutes
Present: Rod Howe, David McCune, Joe Slater, Justin McNeal, Marty Moseley, Kelly Anderson,
Mike Beach, Joe Talbut, Travis Mills, Mike Smith, Max Villanueva, Becky Jordan.
Guests: Scott D’Vileskis; Guy Krogh, Attorney for the Town; David O’Shea, P.E. TG Miller;
Joe Delaney, PE, PgMP, CMM, LEED AP
1. Approval of Minutes:
Approval of January 20 and February 4, 2025, minutes were motioned by Mr. David McCune,
seconded by Mr. Rod Howe. Carried.
2. Member Comments/Concerns
Consider Modifications to Agenda Member Comments/Concerns
a. Consider Modifications to Agenda – None
3. #144 Coy Glen Road – Application to Vary from the Water and Sewer Benefit Assessment
Formula
Mr. Slater - Since 2018 when we performed a townwide sewer study and 2019 when the town
secured a GIS Analyst our GIS program has gotten more robust. The W&S assessment was
revisited which is how capital improvement projects (CIP’s) are funded. Scott reached out this
year questioning the water & sewer benefit definition specifically developed lots served. (1/200
of a unit per foot of frontage in excess of 200 feet) There are utilities, including a sewer main
installed many years ago, along the front of the property. In the early 2000’s the town installed
Coy Glen pump station and extended the water main along Coy Glen Road. Contours along the
front of the property include a stream and a gradual driveway. The property is in a conservation
zone, and the parcel could be subdivided into 7 acre lots. #10. Discusses right to appeal.
Mr. Villanueva – The benefit assessment calculation for this parcel was based off frontage with
infrastructure along the most of property.
Mr. Slater reported similar properties paying W&S benefit tax are located on Elm Street, Five
Mile Drive and Mitchell Street.
Mr. Howe pointed out that part of this is that with GIS we’ve caught up with parcels that should
have been paying the benefit tax and hadn’t been, some for many years. Mr. D’Vileskis property
could potentially be subdivided and developed.
Mr. D’Vileskis – Paying part sewer at .02 rate equal to $15-20/year. Would have tapped into
public water and sewer if the path to hook up through concrete berms along the house, forest and
across stream weren’t so unfeasible. Being charged double benefit unit tax and ad valorem tax.
Put a well in in 2010. Charging 8.5 units is not right as limitations on the property do not allow
for that many houses to be built if developed. 50% tax hike with the $2,700 W&S charge. The
upper half of the property north of the stream is not accessible nor buildable against the gorge.
Worth mentioning is a shed fire in which our shed burned to the ground total loss because there
was no water available nearby. Suggest not so much changing the formula but changing the
process to which property owners are notified of availability. He only knew when property tax
bill arrived. The property deed contains dwelling restrictions on property.
Mr. Howe suggested looking at circumstances with the formula. Scenarios that may point toward
adjustment to the formula. Need to develop a set of criteria to use.
Mr. Moseley shared that in the conservation zone the minimum lot size is 7 acres so theoretically
this parcel could be subdivided into 5 lots. There is a stream setback in back and front of
property along road that would cause complications for development.
4. Right of Way Permitting and Use & Occupancy Fee Schedule Study
Mr. Slater reported receiving numerous requests for fiber in right of way last fall. There are two
types of roads: town owns in fee/outright such as subdivision developments and highway by use
where property owners own to the center line of the road and these are public right of ways.
Utilities get easements from property owners. Engaged with Attorney Guy Krogh and met Joe
Delaney in process.
Mr. Krogh clarified that highways by use or by dedication are broad categories.
Mr. McCune asked who makes designation.
Mr. Krogh replied that there are roads that existed before Tompkins County that have passed
down through generations, military lots, etc. If the town has title to land underneath traveled
lanes, then it’s a highway dedicated to the town or taking it in charge for requisite number of
years creates dedication. General rule implies that the town has right to maintain and the public
the right to travel.
Mr. Delaney looked at two aspects of permit fees. A one-time fee to hook into utility covers
admin fees, inspection(s) and pavement degradation. Reoccurring fee for use & occupancy.
Utility occupying along roadway is occupying space where you could put a sidewalk or other
use. Degradation of highways when there is a road cut is a cost to the town. Compaction is
impossible to match what exists therefore there will be different types of settlement plus road cut
surface seams. Use & Occupancy (U&O) fee is cost based, not to generate revenue.
Franchise/nonfranchise utility agreements. Currently charging 3% fee, this can be up to 5%.
Regulatory structure of rules. U&O only applies to certain entities without government
regulations. U&O annual management and maintenance fee for privilege of occupying public
land, continuous admin burden of GIS database maintenance, locating services, and site
inspections. There is regulatory structure of rules and limitations to be followed regarding U&O
permits. Fees must be based on actual or reasonable estimate of towns cost not to generate
revenue. The town is responsible for verifying contractors pay prevailing wage by NYS law. Fee
schedule consists of variables such as site inspections, staff wage, equipment used, overhead, and
increase in inspections due to poor quality of work or change in plans. Determining and equating
performance bonds. Three components of costs: Administrative costs, (technical costs, standard
and non-standard), inspections (wage, FEMA rate, 10% overhead), pavement degradation.
Recommend U&O fee to non-franchised fiber and wireless infrastructure. Academic institutions
and franchised utilities such as Spectrum, Cable and NYSEG are exempt. NYSEG is exempt as
they are in franchise agreement with NYS as a transportation corporation in which they pay tax
to NYS. Proposed ROW fee structure to involve linear foot calculation. Amend local law re:
U&O fees to the federal standard of 5%. For encroachments it is recommended to have a signed
revocable license agreement and insurance certificate naming the town as additional insured.
Mr. McNeal asked if the above is handled differently for highway owned in fee vs. highway by
use.
5. Project Updates – Mr. McNeal reported
a. Joint Interceptor Study
Larson started field investigation last week of which findings will be shared in a meeting this
week. The city will be included in these meetings.
b. Inlet Valley P.S.
Wrapping up phase 1 & 2
c. TH Court Clerks/Mezzanine
Preconstruction meeting Thursday where we hope to obtain a timeframe.
d. Babcock Preserve
Began a couple of weeks ago. Trees have been cleared and parking area boxed out.
Mr. Slater reported a documented salt usage of 1800 tons this season. The state has been
solicited for salt reduction and we’re trying to stay ahead of that. We are experimenting with
liquid brine for colder temperatures.
Adjourn 10:48 a.m.
The next meeting is scheduled for Tuesday, March 17, 2026.
Submitted by,
Becky Jordan