It appears the loggia has been enclosed at the Cornell law school. The fence is down, the landscaping is in place, and apart from some exterior finishing work, that portion of the renovation is complete. The new glazing works well with the collegiate Gothic architecture.
The new west stairwell has yet to be installed, with some plastic sheeting serving as an exterior membrane for the time being. With the old exterior wall removed, installation of the structural frame is likely to start soon, and it seems plausible that Welliver and Cornell would like to have the new stairwell closed up before winter comes. From the inside, it looks like some of the new office and academic space has been completed, while the southwest wing remains in the interior framing stage, with some metal wall studs visible through the hazy plastic sheet separating the construction area from the finished spaces.
After two years of updates, the vet school expansion is practically finished. The exterior finishes are complete, and the Flower-Sprecher library is stocked with bookcases and workstations. Final landscaping and interior finish work appears to be all that is left on the agenda. According to a construction update from the Vet School, the academic spaces officially opened for academic use on September 11th. The exterior landscaping will be finished by October 1st, and offices and labs will be fitted out from now through December. The interior atrium is certainly cavernous and imposing, and it’s a shame the doors were locked during this past weekend’s visit.
The veterinary complex has never been an especially attractive group of structures, and the expansion project, designed by Weiss/Manfredi of New York, manages to add a modern update without being ostentatious. The boost in class sizes will give more students (120 per class, vs the current 102) a chance at Cornell’s quality veterinary education, and the growth provides fringe economic benefits for the Ithaca area as well. The new lecture halls, tutorial and surgery areas will no doubt be put to good use educating students and serving the community at large.
If I want to mark one concerning note, and be the obnoxious discriminating alum at the same time, I could point out that it appears that what was once the #1 vet school in the country is no longer #1 – UC Davis, whose student population is nearly 25% larger, is the new gold standard. So I suppose alumni could take to arguing over where the vet school’s resources would be better used. But, I study puffy clouds and cow farts for a living, and vet school politics is a debate outside this blog’s scope.
While this is the last update for the expansion, the new $7 million, 12,000 SF Community Practice Service Building will continue to use the same tags and headings, since the projects, though separate, have always been included in the same update posts. At this time, general contractor G. M. Crisalli & Associates has completed the foundation and underground utilities, and is erecting the wood framing for the walls of the one-story building. It looks like the front entrance area uses structural steel framing as a canopy. Sections of plywood sheathing are also up, and it looks like they may be planning to use a form of housewrap. A bit surprised they didn’t spring for ZIP panels, but each barrier has its pros and cons. Some interior stud walls have also been assembled. The front sidewalks have already been poured and the curbing extruded, which seems reasonable as heavy equipment enters and exits from the other side of the construction site. The new CPS Building, designed by local firm HOLT Architects, should be open by May 2018.
Upson Hall’s renovation is complete. The building became fully re-occupied as of August 22nd, per the Cornell Daily Sun. It’s been a long time coming. Two phases, 27 months, $74.5 million invested. One supposes that staying cutting edge in engineering requires a certain investment in cutting-edge labs and equipment.
The interior is certainly impressive with its airy, industrial feel. The interior fit and finish appeared impressive, Cornell getting their money’s worth. However, on the outside the quality of Upson’s appearance is diminished somewhat by the puckered seams and slight imperfections of the aluminum panels on the stairwells/elevator cores.
To be totally honest, I was more a fan of the old Upson’s clean modernist lines. Certainly the interior needed work, but this just looks…gimmicky? I dunno how well it’ll age on the outside, but hopefully the inside will lend itself to creating exciting engineering feats and technological advances.
New York’s LTL Architects and engineering firm Thornton-Tomasetti were the primary architects and engineers for the project, assisted by the original architecture firm for the building, Perkins + Will. The landscaping, which will be finished at a later date, was designed by local firm TWMLA. The Pike Company served as the general contractor for the project.
1. Points for being open and blunt, one supposes. The chairman of the town of Lansing Planning Board, typically one of the easiest boards to get approval from in the whole county, voted against the customary declaration of lead agency on the Lansing Trails affordable apartment complex planned for the town center. The reasoning was a fear that its lower-income occupants would create more crime. Rather surprising that it wasn’t veiled behind the usual guise of “concerns about neighborhood character”.
Other PB members did raise more appropriate concerns that the 581-a tax abatement to be pursued by the project may end up offsetting the property tax increase enough to cost the town, mostly through the enrollment of new students in the Lansing school district. A third-party study explained that there would likely be 43 students in the roughly 200-bedroom complex, of whom 14 would be relocations from other parts of town, and 29 who would be new to the district. Reflecting national demographic trends, local school enrollments have been in decline as Millennials are replaced with their less numerous Gen Z peers, so it’s not really a question of capacity since the schools were designed for larger class sizes, but a concern about the tax obligations and avoiding the burdening of other taxpayers. Town supervisor Ed LaVigne has spoken in favor of the project as workforce housing by a responsible developer and property manager.
The Star’s Dan Veaner takes the middle road in his editorial, noting the project fills a need, but worried about the tax impact. I’d argue that’s while it’s a fair question, it’s probably a bit premature. There have been discussions for the other parcels in the town center that just have yet to come forward. Tiny Timbers is potentially 60 units of mid-priced owner-occupied housing (at $200k per home, that would be $12 million without counting site-wide improvements like sidewalks and community greenspace), and there are possibilities for the other parcels that are being drafted up and fleshed out before being made public. We the public don’t know what those are – there could be market-rate senior housing, patio homes and mixed-uses like the projects submitted in 2014. If three or four are affordable housing, sure, be concerned. But the town knows all the proposals, and hopefully its committee selected its choices for each lot with sound logic in mind.
2. Speaking of Lansing Trails, according to the new planning board comments, its name has been changed to “Milton Meadows”. Milton was actually the original name for Lansing, indirectly – Milton was changed to Genoa in 1808, and Lansing was split off from Genoa in 1817, the same year Tompkins County was established. It’s worth noting that “Lansing Meadows” is already taken. This would be name number three, since they had previously changed Lansing Commons to Lansing Trails.
The updated documents note that the second phase and its 56 units aren’t likely to start construction for 3-5 years, depending on external factors such as the availability of affordable housing grants, and how well the local market absorbs phase one.
3. Staying on the topic of affordable housing and taxes, the town of Ithaca will be reviewing a PILOT proposal from NRP Group to offset some of the property taxes with the Ithaca Townhouses project approved for West Hill near the hospital. Readers may recall the Ithaca Townhouses are a 106-unit, two-phase project that will be rented to households making 50-130% of area median income, with an option for renters to purchase units after a 15-year period.NRP Group is asking for the PILOT to offset the higher initial cost of using electric heat pumps in place of conventional gas heating, the difference of which they estimate to be about $300,000 upfront.
The town utilizes a few PILOT agreements, either with some of its 55+ affordable housing (Ellis Hollow Apartments, Conifer Village), the College Circle Apartments that Ithaca College purchased a few years ago, and Ithaca Beer. The combination of a lower assessed value and a PILOT generally seems to take about 25-30% off the total property tax bill.
4. Here’s a little more info on the the proposed Brown Road Pocket Neighborhood in Danby. The above image appears to be the preferred cluster housing that the development team (led by Newfield businessman Mike McLaughlin), but conventional zoning only allows for the layout shown here. Small-scale cluster zoning has found a market in the Ithaca area over the past few years with projects like New Earth Living’s Aurora Street Pocket Neighborhood and the long-planned Amabel project, and Danby’s take on the concept would benefit from lower land costs, which would help keep the overall costs down and make the for-sale homes available to a wider swath of the county’s potential homeowners. The homes, which are modest 1,000 SF one and two-story plans that share a communal parking lot, are designed for residents who wish to age in place.
5. Some revisions have been made to the design of Modern Living Rentals’ 42-unit townhouse project at 802 Dryden. To create a little more visual interest, the townhouse strings have been diversified a bit – the rooflines were modified on two of the six strings to create a hipped roof, while the other four remain gable roofs. The fenestration was also updated, and sections of the building faces were bumped-out modestly, distinguishing individual units within the strings. The overall effect gives them a distinct appearance from their counterparts up the road at 902 Dryden, and allows the team at John Snyder Architects to give the recycled design their personal touch. Other documents, like the cover letter, utilities plan, and landscaping plan can be found here.
The public hearing is scheduled for next week, but to be honest, these haven’t generated much attention, let alone controversy. The biggest issue right now is water supply, which relies on the Bolton Point system shared by both Ithaca and parts of Dryden. 802 Dryden can get its water issue remedied by tapping a segment in the town of Ithaca’s jurisdiction, and Ithaca is interested in transfer control and maintenance of the control valve that allows that to Dryden. Given Charlie O’Connor’s South Hill debate currently underway, the relative shrug this project has received from the public might be a welcome relief.
6. Nothing new on the Ithaca City Planning Board agenda next week. That’s not to say there aren’t several projects in the works, they just aren’t ready to submit formal proposals at this time. Lakeview’s special needs and affordable housing is up for approval, as is Charlie O’Connor’s duplex at 217 Columbia (even if the South Hill overlay goes into effect, this project would be grandfathered in because it started review under existing zoning). It looks like Lakeview will use the same kind of vibratory pile-driving used at INHS’s 210 Hancock, subcontracted to Ferraro Pile and Shoring by general contractor Hayner Hoyt.
Speaking of INHS, they will be taking part in the public hearing for their 13-unit Elm Street reconstruction on West Hill, and public hearings are planned for the Nines replacement at 311 College, and Elizabaeth Classen’s ILPC-approved 16-bedroom senior mansion in Cornell Heights. The Nines inspired several letters of protest, and first ward aldermen George McGonigal chimed in his hopes that the affordable housing would be reduced for Lakeview and INHS (the planning board disagrees).
Location: 326 & 328 N Meadow St. and 709 – 713 West Court St.
Applicant: Trowbridge Wolf Michaels for Lakeview Health Services Inc.
Environmental Quality Review Act (“SEQRA”) § 617.4 (11) and is subject to environmental review.
The proposed project consists of the demolition of a two single family homes and one duplex and the construction of a single 12,585 SF apartment building with 13 dwelling units, parking for six vehicles, and other associated site improvements. Due to the slope of the site, the building will have 2 stories facing Elm Street and three stories in the rear. The project requires the consolidation of three tax parcels. The project is in the R-3a Zoning district and is seeking two area variances for relief from rear yard setback and parking requirements. This is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 (1)(h), and the State Environmental Quality Review Act (“SEQRA”) §617.4 (11) and is subject to environmental review.
new structure is proposed to be sited directly behind the existing duplex on the property. As the project will increase the off-street parking required from two to four spaces, the applicant is proposing to shift the existing curb cut to the east and install an expanded parking area and drive aisle along the eastern property line. The project also includes removing a 30”dbh oak and one street tree, closing the existing curb cut, installing a fence, landscaping and walkways. The project is in the R-2a Zoning District. This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the State Environmental Quality Review Act (“SEQRA”) and is subject to environmental review.
Environmental Quality Review Ordinance (“CEQRO”) §176-4 B.(1)(k) and the State Environmental Quality Review Act (“SEQRA”) § 617.4 (b)(11) and is subject to environmental review.
to house up to 16 people on the .446 acre lot. The building will have a footprint of approximately 4,150 SF, including porches. Site improvements include a porte couchere, a driveway and parking area for nine cars, three patios, walkways and landscaping plantings. The site is currently vacant. Site development will require the removal of approximately 25 trees of various sizes. The applicant is proposing to use the Landscape Compliance method, which requires Planning Board approval for placement of the parking area. The project is in the R-2a Zoning District and the Cornell Heights Local Historic District and has received a Certificate of Appropriateness from the Ithaca Landmarks Preservation Commission (ILPC). This is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 (1)(h)(4) and the State Environmental Quality Review Act (“SEQRA”) § 617.4 (b)(11) and is subject to environmental review.
1. Ostensibly, the biggest newsmaker of the past week was the announcement of the Green Street redevelopment in Ithaca’s downtown core. To be frank, I was freaking out at my desk. Even more astounding was that the city slipped it out so casually, embedding it in a monthly PEDC meeting file that typically focuses on more mundane legal and planning concerns.
All photos that follow are from Jolene – pardon the marginal quality, we were both in note-taking mode, and these presentation papers weren’t given out to the public. North is towards the top of the floor plan images.
While the documents have yet to be uploaded to the city’s website, some basic details were released during the meeting – the number of parking spaces for the whole complex is 525. There would be two towers with residential units, a U-shaped west tower and a boxy east tower with projecting corners. 15 floors apiece. 350 units, “designed to appeal to a broad demographic”. Abatement likely, with the details to be ironed out as the percentage of affordable units is determined. The middle portion will also have residential units on top of the existing garage. 30,000 SF of conference space is planned under the eastern tower, if my notes are right.
The first floor appears to have at least two retail spaces, a lobby area, and an office, probably for management of the complex. The middle section will retain access to Cinemapolis and the garage. On levels two and three would be rebuilt garage sections (note the center section was rebuilt ten years ago and unlike the ends, is in good shape). Another floor of parking will be added.
Cooper Carry is the architect, and the initial design looks fairly safe, attractive if not particularly inspired. After the Marriott, it’s good to be wary of potential value engineering. It appears to use brick veneer, Nichiha-like metal panels and maybe fiber cement. Also, with Harold’s Square and City Centre off to the left, this would arguably create a broad-shouldered if stubby skyline for downtown Ithaca, more impressive than many communities Ithaca’s size.
My notes are that Marriott co-developer Jeff Rimland had non-public information about the Green Street garage because he owns the ground facilities under the garage’s eastern deck, and would be impacted by renovations. He was made aware of city looking at their options and put something together. The city only learned about the plan four weeks ago, and mayor Myrick wanted to make sure it was brought forward for public discussion and to determine if it was a wise choice to move froward. Ostensibly, if this came out as a surprise, a hornet’s nest of opposition would be stinging. Being transparent now helps later.
It seems the intent is an RFP for the garage for the sake of fairness, but I dunno how effective that will be. Rimland has a big advantage as owner of a portion of the parcel, since any other developer would need to arrange legal agreements with him in order to carry out a project. It was suggested by Brock, who has never been a fan of development, and I cynically wonder if this was an attempt to ensnare or at least stall the proposal. An RFP does put the city in a more legally comfortable position, perhaps. On the flip side, I cringe at the thought of another Old Library-like mess.
On a final note, there’s also a name, seen in the lower right of the rendering – “Village on the Green”. Very punny guys.
2. The other big news item of the week was 311 College Avenue, more commonly referred to as “The Nines replacement”. The Nines is a much-loved restaurant and bar that has long been a part of Collegetown’s drinking and musical scene – in the late 2000s, if I had to describe Collegetown bars, where Johnny O’s was the “fratty frat” bar and Chapter House the erudite tweed-clothed crowd, The Nines was the laidback, indie band geek-turned-rocker. Add in its location in a ca. 1908 fire station, and one of the few sizable outdoor patios in Collegetown, and one can understand that a project on this site was never going to be warmly received.
Granted, I’ve been raked over the coals a couple of times for the article, whose first headline said The Nines was being kicked out. It was an honest copy-editing mistake. For breaking news I publish ASAP, like with the Green Street development. However, that’s discouraged because the business pieces are useful for filling slow periods during the day, or to give time for others to prep articles during the early morning. Many of my articles are written in the late evening, submitted to the schedule, and skimmed through before hitting the website. In this case, I submitted Sunday night, my editor Jolene read through it early Monday morning, she thought the opening lines implied an eviction and changed the title (the original was a generic “Apartments Proposed for The Nines”). Sometimes title get changed for clarity or Search Engine Optimization (SEO), but this particular time it created a false statement. I didn’t see it until I was at work on Monday, and uncomfortable conversations ensued. Sorry all. The next article won’t wax poetic.
Anyway, with that error noted, it makes this next opinion segment more uncomfortable. I’m not a developer. But if I were one, and heard the property was being put up for sale, I’d probably have steered clear. With all due respect to Todd Fox, my gut feeling is that the cons outweigh the pros.
Ithaca is not an easy city to do a project in. A developer has to pick and choose their battles. In this case, the battle is taking a building with some degree of historic value, but more importantly a lot of local sentiment attached, and proposing to replace it with, frankly, a mediocre design with high-end student units. I understand the economics of the site, the market, and the unfortunate though economically necessary impacts building flush to lot lines has on the ability to install windows on the sides. My concern is external impacts, by creating an emblem for opposition to organize around, because it wraps several perceptibly negative impacts into one proposal. That may make future projects that much more difficult. I worry that whenever a controversial plan is brought forth in years ahead, it will be pejoratively described by NIMBY types as “just like that Nines replacement”.
It has taken years for Ithacans to become slowly more amenable to density and development. Proposals that inadequately address community concerns threaten that progress. Consider the case of Jason Fane. He toyed with the city plenty of times. Eventually it caught up to him and he got burned. The sad part is, 130 East Clinton was a solid project, and to this day I believe that had it been another developer, those apartments would have been built.
Anyway, the ILPC would like to preserve it as-is, which draws the question why the discussion never moved forward 18 months ago when they had the chance. I don’t think that’s likely at this stage, and an overbuild probably wouldn’t work due to development costs (foundation shoring, elevator if 4+ floors) with respect to developable area – the big front yard setback is an impediment to that. I heard that an offer was floated to Neil Golder to move his house at one point during the 201 debate, so maybe moving all or at least the front (1908 wing) of the old station No. 9 is possible, but the expense would be great. As for the new building’s design, maybe modest fixed windows in the north/south brick faces, or glass block features like on Sharma’s 307 design, or even something as minor as a mural on the CMU blocks would help.
But, all that might be grasping at straws. This was always going to be controversial. I won’t fault someone for seeing an opportunity, even if it’s not a plan I’d advocate. It all depends on one’s appetite for development opportunities, and sensitivity to potential blowback.
3. For sale: 405 Elmira Road. 0.74 acres of parking lot next to Buttermilk Falls Plaza. List price: $465,000, courtesy of Pyrmaid Brokerage. Also noting – the chain hotelier who bought the former Tim Horton’s next door from the same seller for $640k in January 2016. Timmy Ho’s 0.75 acres is a little small for a hotel on its own, but combined with this lot, suddenly plans start to look quite viable for a mid-sized chain in the city’s suburban-friendly SW-2 zoning. Someone else may come along and buy it, but let’s see what happens.
4. It appears the 24-unit Pineridge Cottages project is off the table. The project, planned for the corner of Mineah and Dryden Roads in Dryden town, was greatly scaled back by developer Ryzward Wawak after water tests led to concerns about having enough to supply all the units. At this time, the plan is for four cottages, each a two-bedroom unit.
5. The Times’ Matt Butler has a nice summary and brief interview with Lakeview Health CEO Harry Merriman regarding the 60-unit affordable housing plan for 709-713 West Court Street. Some of the obstacles the project faced wouldn’t be a surprise to readers of this blog – the soils require a more expensive deep (pile) foundation, and land acquisition costs are climbing, which increases the overall costs involved with bringing a proposal into reality, let alone a plan that focuses on affordable housing. The increase in units from 50 to 60 was driven by the need to balance out revenue with expenditures and make the affordable housing economically feasible. Incremental cost increases per unit are significantly less than overall structural costs, so the per-unit expense for 60 units is less than 50, making the project more appealing in competitive grant processes.
Of the 22 units to be set aside for formerly homeless individuals, six will be reserved for HIV-positive clients of STAP, the Southern Tier Aids Programs. Those infected with HIV tends to experience much higher homelessness rates than the general population, with at least 81 homeless HIV-positive individuals in Tompkins County alone. This makes it hard to do things like refrigerate medication. These six units are a small number perhaps, but for those six folks it will make a huge difference.
6. Another feather in the cap of the local STEM sector of the economy. Biotech startup Jan Biotech Inc., based out of the Cornell Business Park by the airport, has received a $3 million grant from the National Institute of Health (NIH) that will be used in the research and production of an HIV diagnostic for detection and quantification of latent HIV-infected reservoirs in patients – cells that have the virus but aren’t actively producing HIV, which current anti-retroviral therapies struggle with. Potentially, the diagnostic could help test new medicines for their ability to target those cells, and lead to a true cure for the virus before AIDS can occur.
Along with new equipment and renovated facilities, the grant is expect to result in the hiring of another 5 to 10 scientists and engineers for the four-person firm. Which is great, but truly, it’s their work to try and improve our treatment and medicine of a deadly virus that’s more important. The very best of luck to them.
7. A bit of news from the Cornell Daily Sun regarding the additional 2,000 beds Cornell would like to build on its North Campus, as part of its freshman expansion and “Sophmore Village” plan. The university would like to begin construction on the first dorms in 2018, and start increasing student enrollment by 2020. For that to happen, the plans pretty much need to come forward for formal planning board review within the next few months. Presumably, they’d like to have the dorms ready by August 2019 – these will be used as flex space initially, so that existing dorms like Balch and Clara Dickson can start renovation. At a bare minimum, it takes three months to go through the city planning board. Given this project’s proximity to Cayuga Heights, the local patricians will want to have their say as well, even if it is just outside village lines. With the size of the project and a minor amount of inter-municipal complexity, four months from sketch plan to approval seems realistic. Considering the need to request and award contract bids, it would seem plausible that Cornell puts the dorms forward this fall for review, with approval expected by late winter. Bids would be requested and awarded during the Spring, and construction would start by June. Whatever the case, the first construction plans are likely not far off.
1. As Dan Veaner at the Lansing Star reports, the new owners of the Shoppes at Ithaca Mall (aka Pyramid Mall) are planning to roll out new tactics to counter the ongoing, nationwide retail apocalypse currently underway. Instead of leasing locations, the mall owner would like to subdivide retail spaces within the mall under a Planned Development Area (DIY zoning, in essence) so that tenants could potentially own their spaces instead of renting them, under the hope that when they own a store location, they are less likely to close it and will opt for closing rented spaces elsewhere. Because customary use-based (Euclidean) zoning is not suited for this unusual arrangement, a PDA has been suggested, and the village of Lansing seems amenable to the idea.
On a related note, another subdivision of the mall properties would open up a portion of the parking lot behind the Ramada Inn for the development of an extended-stay hotel. This would probably play out over a few years, given the time to design a project, secure a brand and ask for village review/approvals. Market-wise, it’s not implausible, since the other hotels planned, like the Canopy downtown or the Sleep Inn at 635 Elmira Road in Ithaca town, are geared towards the overnight crowd, and the overall market is growing at a sustainable pace. As long as the local economy continues its modest but steady growth, a medium-sized specialty property that opens in two or three years would probably be absorbed by the local hospitality market without too much fuss.
2. Meanwhile, over in the the town of Lansing, a couple of minor notes and some name changes. From the town of Lansing Planning Board agenda, it appears the 102-unit Cayuga Farms development is now going by the name “Cayuga Orchard”. The project, which has been stuck in red tape due to the stringent review of modular sewage treatment systems, is seeking modifications to their plans, which was summarized in the Voice here. The short story is that the project has the same number of units, but the impermeable area has been decreased and the number of bedrooms is down from about 220 to 178. That should help reduce stormwater runoff, and if the town sewer isn’t through yet, it could make the modular system more feasible.
Secondly, Cornerstone’s Lansing Commons Apartments are being rebranded as the “Lansing Trails Apartments”, which makes sense since there aren’t any “Commons” in the town, but the town center property is traversed by numerous recreational foot trails. The town has endorsed Cornerstone’s two-phase, 128-unit development plan for affordable rental housing, though the planning board did express concerns with the impact of dozens of additional school children on a property with 581a property tax breaks, which may result in a 4% increase in school taxes in the default scenario. The number could vary given the number of kids that actually live there – the board ballparked 80 for their back-of-the-envelope analysis, which given 128 units and roughly 208 bedrooms in the project, isn’t unreasonable.
3. On that note, it appears Cornerstone and NRP have applied to the county’s affordable housing funding grant for a bit of financial assistance towards their respective projects. Cornerstone is seeking funds for qualified units within the 72-unit first phase of its Lansing Trails project, and NRP is seeking funding for qualifying units within the 66-unit first phase of its Ithaca Townhomes project on West Hill. Each organization would receive $256,975, mostly in Cornell-donated funds, if approved by the county legislature. The money may be leveraged and with less needed from traditional affordable housing funds, it may make each project more appealing from a federal or state grant perspective, with demonstrated municipal interest and more “bang for the buck” on the grantor’s end.
4. The two-building apartment complex planned at 232-236 Dryden Road is one step closer to construction. According to Tompkins County records, Visum Development bought the two properties on which the project was proposed (114 Summit Avenue and 232-238 Dryden Road) for $7.65 million on Monday the 5th. The properties are only assessed at $2.55 million, but sellers tend to enjoy a hefty premium when developers have intent for their parcels.
The following day, the building loan agreement was filed. The loan, for $16,354,628, was granted by S&T Bank, a regional bank based in Pennsylvania that has no retail banking presence in Ithaca, but has served as the financier for several projects, including the Holiday Inn Express that recently opened on Elmira Road, and Visum’s just-opened 201 College Avenue project.
A breakdown of the costs shows the total project cost is $22,780,334. There’s $13,020,010 in hard costs (materials/labor), $7.65 million for the purchase, $475,000 in soft costs (architect/engineering/legal), $250,000 for the demolition, and the rest is for taxes during construction, interest reserve (interest on the construction loan during construction). $650,000 (5% of the hard cost) is set aside as contingency funds just in case the expenses clock in higher than expected.
Along with the loan, Visum and its investor appear to be putting up $6.325 million in equity. With these hefty sums, one has to be pretty certain of their investment. In Collegetown, they often are.
Visum CEO Todd Fox has previously stated construction is expected to start this month on the 191-bed apartment property, with an eye towards an August 2018 completion.
5. The Old Library property sale is official, on an 11-3 vote. Legislators Kiefer, Chock and McBean-Claiborne voted no, none of which are an big surprise since, as members of the Old Library Committee, they found something to dislike with every proposal back in 2014. If anything, the surprise might have been legislator Kelles, who while not a fan, supported the mixed-use project. Travis Hyde Properties will bring 58 senior apartments, community space administered by Lifelong senior services, and a small amount of commercial space when the building opens in 2019.
6. So this is interesting. Josh Brokaw is reporting over at Truthsayers that Cayuga Medical Center wants to move the Community Gardens off the land. That is a story being covered further by my colleagues at the Voice, but notable to this blog’s purview are two nuggets of information.
One, Guthrie and CMC had *a bidding war* for the property, which explains a couple of things. It explains why CMC paid $10 million for a property the Maguires only paid $2.75 million for, and it offers a clue as to why Guthrie purchased the neighboring Cornell warehouses. They both have had plans for that area, and working together isn’t a part of them.
Two, Park Grove Realty is involved with CMC. They’re a young Rochester-based company generating lots of news in Lansing with a lawsuit-laden 140-unit townhouse project, and they purchased the Chateau Claire apartments and renovated them into the upmarket Triphammer Apartments, which generated its own share of controversy.
Anyway, it makes the commotion down by Carpenter Business Park that much more interesting. Nothing has come public yet, but keep an eye on it.
7. On a related note, it’s not much of a physical change, but Maguire is using some of that cash windfall to officially acquire the former Bill Cooke Chevy-Olds-Caddy dealership on Lansing’s Cinema Drive. The franchise rights were transferred over ten years ago, but the property itself was still under the ownership of the Cooke family. Thursday’s sale was for $2,015,000. The 4 acres and 19,857 SF building was assesses at $1.8 million, so it appears the sale price was a fair deal for both sides.
I would be remiss not to point out that the buyer was “Maguire Family Limited Partnsership”. No LLCs cloaking this purchase like with Carpenter Business Park.
7. Now that the state has okayed the Cargill expansion, the above-ground portion of the project has to go before the Lansing planning board. The surface facilities, expected to cost $6.8 million, consist of a 10,000 SF administration building, a 2,100 SF maintenance building, a 2,600 SF hoist house, parking, landscaping and signage. A hoist house is essentially an industrial-strength engine room for operating the lift that brings people and equipment up and down from the shaft. It’s likely the primary cost contributor in the surface portion of the project.
As seen in the renders above, it’s designed for functionality rather than aesthetics, though Cargill did attempt to make the shaft building barn-like to blend in better with the farms. Construction on the above-ground structures is expected to start next year and run for about 18 months (the mine is being built from the bottom up). Although not shown in the renders, trees will be planted around the developed area to provide a green screen and help dampen noise.
The rough construction timeline for the Maplewood structures looks something like this: Apartment buildings B and C started construction first in the spring, and the first townhouses were scheduled to begin in May. All of the major apartment buildings are expected to start construction by the end of August, while the last of the townhouse strings will not begin build-out until January 2018. Roughly speaking, the ends of the project site have earlier starts than structures in the middle of the site, and the more traditional-looking townhouse units start construction before the more modern strings.
The timeline is likely slightly behind schedule. During the mid-August site visit, a worker said that five of the foundations had been completed, but it seems at least six should have been finished by that point. The reason given for the relatively slow progress has been the wet summer, which has interfered with certain parts of the construction. For example, concrete pouring and curing for the foundations becomes a lot more complicated with the presence of frequent downpours. Rainwater can damage the foundation during certain stages of the process by causing the new pour to become soft again, reducing its structural integrity. Depending on timing, extra precautions have to be taken, or even worse, if it’s a real washout of a day the pour simply can’t take place at all. Several construction days have been lost, and to pick up the slack, the project asked for and received approval to increase the workday from 8 AM – 6 PM, to 7 AM – 7 PM, with the town’s stipulation that the extra two hours keep work noise below 85 decibels.
The photos below come from three separate time periods – February, which was mostly just site prep and excavation for underground utilities, the continuation of utilities excavation and installation in April, and the readying of connections to those new utilities in August. The circular concrete structures seen in April and August are for underground electric utility junctions. Similar structures may be used for wastewater pipes and drainage pipes. The teal pipes are PVC sewer pipes, and the rectangular precast concrete sections are protective covers. New curbing is being installed along Mitchell. I don’t know what the ridged crescent-shaped orange structures are, but if a reader knows, feel free to chime in in the comments.
Above-ground, it looks like the masonry stairwells for apartment buildings B and C have been built as of August. The slots in the sides suggests structural steel frames. A trailer on-site belongs to Peppard & Sons Masonry of Lockwood, so they may be the pertinent sub-contractor. Foundation slabs can be seen, and wood forms have been prepared for future pours.


§17-2A-1. Duties of state road commissioner transferred to Division of Highways; department to act through commissioner of highways; office of commissioner of highways created; appointment, etc.
§17-2A-2. Qualifications; residency and office requirements; devotion of full time to duties; supervisory authority; oath; bond.
§17-2A-4. Selection, organization, classification, etc., of personnel; business manager and chief engineer assistants; employees' bonds.
§17-2A-4a. Payment of reasonable traveling expenses of prospective employees and moving expenses of new and transferred employees.
§17-2A-4b. Scholarships for training highway personnel; other training programs; notes for money advanced; payment or cancellation of notes.
§17-2A-5. Disqualifications of commissioner and personnel; vacation of position.
§17-2A-6. Accounting and auditing; financial reports.
§17-2A-6a. Independent performance audit of the Division of Highways.
§17-2A-8. Powers, duties and responsibilities of commissioner.
§17-2A-8a. Authority to employ expert witnesses in eminent domain proceedings; compensation.
§17-2A-8b. Authority to provide emergency road service.
§17-2A-8c. Use of public carriage for designated employees.
§17-2A-8d. Reimbursement for volunteer fire departments.
§17-2A-9. Persons required to assist commissioner.
§17-2A-10. Production of documentary evidence and testimony at hearings, etc.; contempt for disobedience; self-incrimination.
§17-2A-11. Road maps; digital road map.
§17-2A-12. Traffic control factors; parking regulations.
§17-2A-13. Purchase or acquisition of materials, supplies and equipment.
§17-2A-14. Disposition of surplus, etc., equipment and materials; inventories.
§17-2A-15. Other code provisions relating to purchasing not controlling; exceptions.
§17-2A-16. Prequalification disclosure by vendors; register of vendors.
§17-2A-17. Acquisition of property for state road purposes; "state road purposes" defined.
§17-2A-17a. Acquisition of property for utility accommodation purposes; utility defined.
§17-2A-18. Acquisition of real property not needed for road purposes.
§17-2A-19. Sale, exchange, or lease of real property.
§17-2A-19a. Transfer of airspace; procedures to be followed.
§17-2A-20. Relocation assistance to and replacement housing costs for persons dislocated by highway construction.
§17-2A-21. Commissioner authorized to contract for implementation of litter control programs.
§17-2A-22. Administration of engineering and design related service contracts.
§17-2A-23. Administration of commercial vehicle and equipment related work orders.
§17-2A-24. Special employment procedures for Division of Highways personnel.
The office of state road commissioner heretofore existing is hereby continued in all respects as heretofore constituted, but is hereby designated as the West Virginia Division of Highways. All duties and responsibilities heretofore imposed upon the state road commissioner and the powers exercised by him are hereby transferred to the West Virginia Division of Highways and such duties and responsibilities shall be performed by said division and the powers may be exercised thereby through the West Virginia commissioner of highways who shall be the chief executive officer of the division.
There is hereby continued the office of West Virginia commissioner of highways who shall be appointed by the Governor, by and with the advice and consent of the Senate, subject to the provisions of section two-a, article seven, chapter six of this code.
The commissioner shall be a person who is experienced in highway planning, finance, construction, maintenance, management and supervision qualifying him for the duties of his office; shall devote his full time and attention to his official duties and responsibilities; shall reside at and maintain his office headquarters at the state capital; shall be the chief executive officer of the commission and, subject to other provisions of law, shall have direct and full control, management and supervision of the entire state road program and system; and shall, prior to assumption of the duties of his office, take and subscribe to the oath prescribed by the Constitution and execute a bond, with surety approved by the commission, in the penal sum of $25,000, which executed oath and bond shall be filed with the Secretary of State. Premiums on the commissioner's bond shall be paid from commission funds.
The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
The commissioner shall be in charge of and responsible for the selection, employment and effective organization of all commission personnel for the entire state road and highway program. He may establish such divisions, sections and other functional and organizational units within the commission as may be necessary and practical in the full and effective discharge of the duties and responsibilities of his office. Except as otherwise provided by law, all commission personnel shall be classified pursuant to the job classification system and shall be paid pursuant to the salary scale established by the commissioner.
The commissioner shall select and employ a business manager assistant and one or more chief engineer assistants who shall be registered professional engineers, and shall establish such other offices, activities, divisions, sections and organizational units as may be necessary and practical. The business manager assistant shall be in charge of and responsible for matters of finance and such other functions as may be assigned to him from time to time by the commissioner. The chief engineer assistant or, if the commissioner has selected and employed more than one chief engineer assistant, the chief engineer assistants shall be in charge of and responsible for planning, equipment, materials, construction, maintenance, and such other functions as may be designated by the commissioner as well as such other functions as may from time to time be assigned to such chief engineer assistant or assistants by the commissioner.
The commissioner shall require every employee who collects fees or handles funds or who has custody or control of equipment or supplies belonging to the state to give bond, with such sureties and in such penal sum as may be approved by the commissioner, for the faithful discharge of each such employee's duties and his accounting for all such fees, funds, equipment and supplies coming into his hands or under his custody or control. All such bonds, when approved by the commissioner, shall be filed in the office of the Secretary of State. Premiums on all such bonds shall be paid from commission funds.
(3) All or part of the reasonable expense incurred by a technical or supervisory employee of the commission, but excluding all employees at the county level, in moving his household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state: Provided, That no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months.
The expenditures for such payments shall be made from the state road fund, and shall be a cost of administration of said commission.
The Legislature hereby declares that there is a wide and continuing need for trained personnel in the Division of Highways of this state and that the scholarships herein provided will aid the Division of Highways in attracting and holding competent employees.
The commissioner of highways is empowered to enter into contracts for training programs with state colleges, universities and other training sources and to award scholarships to competent persons, whether presently employed by the Division of Highways or not, for the purpose of enabling and encouraging such persons to attend a college or university to pursue the course of study as may be approved by the commissioner of highways, but the number of persons holding such scholarships at any one time shall not exceed fifteen. Each scholarship shall carry a stipend in an amount fixed by the commissioner of highways not in excess of $12,000 in the aggregate. The necessary expenditures for the scholarships shall be made from the funds available to the Division of Highways. The recipient of a scholarship shall execute notes and shall deliver said notes to the commissioner of highways. Each note shall be in the amount of the sum received from the state road fund and shall be payable on demand to the Division of Highways. The commissioner of highways shall hold said notes and if, for any reason, except death or physical or mental disability, or being drafted into the armed services, the recipient of a scholarship fails successfully to complete the course of study for which the scholarship was granted or if after the completion of the prescribed course of study does not continue or become an employee of the Division of Highways, or ceases to be an employee before all the notes have been paid or canceled, the commissioner of highways shall make demand for payment of all of the unpaid and uncanceled notes and shall promptly enforce collection thereon and shall deposit the sums so collected thereon in the state road fund. The commissioner of highways is authorized to credit the oldest outstanding notes in the sum of $1,500 every six months that the recipient of the scholarship is employed by the Division of Highways after completing the course of study for which the scholarship was granted. The commissioner of highways shall have the power and authority to make all necessary rules to carry this section into effect.
No person, while in the employ of or holding any official relation to any person, firm or corporation selling or furnishing materials entering into the construction, reconstruction, repair or maintenance of any state roads or highways, or any part thereof, or who is pecuniarily interested therein as a stockholder or otherwise, shall be appointed commissioner or be otherwise employed in any capacity or employment by the commission or commissioner. Any such interest in or connection with any such person, firm or corporation, acquired by the commissioner or any such employee of the commission or commissioner subsequent to his appointment or employment, shall immediately disqualify such person from holding the office of commissioner or any other position or employment by the commission or commissioner and such office or position of employment, as the case may be, shall be immediately vacated.
No person may be appointed as commissioner or employed in any other capacity or employment by the commission or commissioner when he is a candidate for or holds any public office or is a member of any political party committee. In the event the commissioner or any employee of the commission or commissioner becomes a candidate for or holds any public office or becomes a member of any political party committee, his office as commissioner or position as employee, as the case may be, shall be immediately vacated.
The commissioner, by and through his business manager assistant, shall centralize, standardize and integrate the budget, accounting and auditing services of the entire state road and highway program. Whenever there is provided by law a uniform system of accounting and auditing and policies and practices relating thereto for all state officials, departments and agencies, such uniform system shall be adopted by the commissioner. Until such system, policies and practices are formulated and prescribed, the commissioner shall establish his own system, policies and practices for all accounting and reporting services.
All commission accounting and auditing services shall be on the fiscal year basis. The commissioner shall prepare an annual financial report covering all receipts and disbursements for each fiscal year and shall deliver such report to the commission on or before December 1, next succeeding the end of the fiscal year.
The commissioner shall report quarterly to the commission on finances, personnel and other aspects and phases of the road program and system.
(a) Beginning May 1, 2015, the Division of Highways shall provide access to and make available all of the Division's books, accounts, records and any other information requested by the independent qualified firm that may be selected by the Joint Committee on Government and Finance to conduct a performance audit of the Division of Highways and any one or more of the individual district within the state road system for the preceding three fiscal years, as determined by the Joint Committee on Government and Finance.
(b) The independent qualified firm selected to conduct the performance audit shall be selected by the Legislative Auditor under the oversight of the Joint Committee on Government and Finance on a competitive bid based upon price and qualifications. The performance audit shall be conducted in accordance with the generally accepted government auditing standards. The audit may include, but not be limited to examination of areas of inefficiency, best practices, the appropriateness of staffing across functions and locations, vehicles allocated within the agency, compensation levels including overtime and relation to employee turnover, procurement practices, existing or recommended system of performance benchmarks, organizational structure, and internal operating or management policies.
(c) The independent qualified firm shall submit the final report of the audit to the Joint Committee on Government and Finance, with a copy to the Governor, on or before December 31, 2015. The Joint Committee on Government and Finance may authorize extension of the reporting requirement or expansion of the terms of the audit. The Joint Committee on Government and Finance shall pay the costs associated with the performance audit prescribed by this section.
(a) Except as provided in subsection (b) of this section, the commissioner shall utilize the Attorney General for all legal assistance and services as provided by law.
(2) Employ such additional legal counsel as he or she deems necessary upon a reasonable fee basis to perform legal services in acquiring, by right of eminent domain or otherwise, property, or an estate, right or interest therein.
(40) Provide family restrooms at all rest areas along interstate highways in this state, all to be constructed in accordance with federal law.
Notwithstanding any law to the contrary, the commissioner may employ as witnesses to testify in eminent domain proceedings such persons who are qualified to give competent testimony as to the value of the property, or estate, right or interest therein, being condemned in an eminent domain proceeding, as he deems necessary. Each such person so employed shall receive for his services the sum agreed upon in a written contract signed by the commissioner and such person. The sum contracted to be paid, however, shall not be made contingent upon the outcome of the action or hearing in which the competent testimony is to be given.
In addition to the other powers given and assigned to him in this chapter, where an emergency exists, the commissioner may authorize the use of state road commission vehicles to provide towing service to vehicles stranded on any highway in this state, or may provide a sufficient quantity of gasoline or other fuel for the vehicle to propel it to a point where such fuel may be purchased.
In addition to the other powers given and assigned to him in this chapter, the commissioner of highways shall have authority to use, and permit and allow or disallow his designated employees to use, publicly provided carriage to travel from their residences to their workplace and return: Provided, That such usage is subject to the supervision of such official and is directly connected with and required by the nature and in the performance of such official's or designated employee's duties and responsibilities.
(a) In addition to the other powers given and assigned to him or her in this chapter, the Commissioner of the Division of Highways may enter into reimbursement agreements, based upon reasonable actual costs incurred, with volunteer or part-volunteer fire departments for services provided by volunteer or part-volunteer fire departments relating to tree or debris removal from state highways and rights-of-way when the commissioner requests such services.
(b) A volunteer or part-volunteer fire department may be reimbursed without a prior request by the commissioner when the traveled way of a state highway is obstructed by a fallen tree or other debris and the volunteer or part-volunteer fire department is the first responder: Provided, That the volunteer or part-volunteer fire department subsequently enters into a reimbursement agreement with the commissioner to recoup only the costs actually incurred to clear the traveled way of the state highway to permit the public to safely travel upon it.
(c) The commissioner shall retain authority to properly remove and dispose of any cleared trees, debris, or other obstructions cleared from the traveled way by a volunteer or part-volunteer fire department, and the commissioner shall not reimburse a volunteer or part-volunteer fire department for any final disposal of any cleared debris or obstruction.
(d) The commissioner shall not reimburse a volunteer or part-volunteer fire department for services contracted out by the volunteer or part-volunteer fire department.
(e) The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to effectuate the purposes of the section. Any rule promulgated pursuant to this section shall include provisions establishing minimum reporting, auditing, and other necessary documentation requirements to approve reimbursement requests submitted to the commissioner.
At the request of the commissioner, the dean of the college of engineering of West Virginia University, the director of the experiment station of the university and the heads of the several departments of science shall render to the commissioner all necessary aid and assistance in the performance of his duties, as the requirements of their respective offices and positions will permit, without extra charge or compensation for the service.
In any hearing, investigation or proceeding conducted by or before the commission or commissioner, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing and summons may be issued therefor by the commissioner or any member of the commission. In case of disobedience to a summons or other process so issued, the commissioner, a member of the commission or any party to the proceedings may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books and documents. And upon proper showing, such court shall issue an order requiring such persons to appear before the commissioner or commission, as the case may be, and produce all books and papers and give evidence touching the matter in question. Any person failing to obey such order may be punished by such court as for contempt. A claim that any such testimony or evidence may tend to incriminate the person giving the same shall not excuse such witness from testifying, but such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify.
(a) The commissioner shall prepare and currently maintain a master road and highway map which will show all of the state roads and highways located, created and classified as provided by law; the mileage of roads and highways; the status of improvements; and travel conditions when practical. The commissioner may make economical reproductions of the map for official use and public information purposes, including a digital road map. The goal is for the maps to be computerized and searchable by the public to map routes for travel throughout the state.
(b) The digital road map shall indicate whether public roads are unpaved and unimproved, unpaved and improved, unlined and paved, or lined and paved. The digital road map shall further indicate the types of vehicles that may use each road, including full-size vehicles and off-highway vehicles, such as all-terrain vehicles, utility-terrain vehicles, motorcycles and off-road vehicles.
In the interest of safety and the convenience, coordination and control of pedestrian and vehicular traffic, the commission may from time to time cause surveys and findings to be made as to the necessity and propriety of setback lines, traffic islands, curb separations, entrance approaches, sidewalks and other traffic control factors. The commission may, pursuant to such surveys and findings, promulgate and enforce reasonable rules and regulations relating to and controlling the location, construction and maintenance of all such traffic control factors, but shall not in any case unduly interfere with any abutting property owner's entrance or access rights or approaches to any road or highway unless with the consent and voluntary action of such abutting property owner or through appropriate proceedings in court in the exercise of the right of eminent domain for determination of the lawful rights of the respective parties and the damages, if any, to be assessed. The limitations of this section on the commission's authority to regulate entrance and access to roads and highways shall not apply to freeways as defined in section thirty-nine of article four of this chapter.
The commission may regulate and, when the safety and convenience of the traveling public so require, may prohibit parking of vehicles on and along roads and highways and the rights-of-way thereof.
All materials, supplies and equipment required for the state road program and system shall be purchased and acquired by the commissioner through the department of purchases, except as otherwise provided by law. The director of purchases shall adopt rules and regulations governing and controlling acquisitions and purchases in accordance with accepted business practices so that no persons shall be precluded from participating and making sales thereof to the commission; shall establish and prescribe specifications, in all proper cases, for materials, supplies and equipment to be purchased; shall adopt and prescribe such purchase order, requisition or other forms as may be required; shall negotiate for and make purchases and acquisitions in such quantities, at such times and under contract, in the open market or through other accepted business methods and practices, as may be practicable in accordance with general law; shall determine whether to advertise for bids, to purchase by means of sealed bids and competitive bidding or to effect advantageous purchases through other accepted methods and practices; and shall post in a public place in the offices of the commission and the department of purchases, available to the public during all business hours, notices of all acquisitions and purchases to be made, at least two weeks prior to making such purchases.
All purchases and acquisitions shall be made in consideration and within limits of available appropriations and funds and in accordance with applicable provisions of article two, chapter five-a of this code, relating to expenditure schedules and quarterly allotments of funds.
The director of purchases shall make available the facilities and services of his department to the commissioner in the purchase and acquisition of materials, supplies and equipment and shall cooperate with the commissioner in all such purchases and acquisitions upon request of the commissioner. The actual expenses incurred by the director of purchases in all such cases shall be paid by the commissioner.
The commissioner shall dispose of obsolete and unusable equipment, surplus supplies and other unneeded materials, either by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise. The commissioner shall adopt and promulgate rules and regulations governing and controlling the disposition of all such equipment, supplies and materials. He shall advertise, by newspaper publication or otherwise, the availability or sales of such disposable equipment, supplies and materials and may sell same, in whole or in part, at public auction, or may transfer, exchange or trade same (if by exchange or trade, then without advertising), in whole or in part, as sound business practices may warrant under existing circumstances and conditions. The commissioner shall inventory all such disposable equipment, supplies and materials from time to time as quantity and stocks may warrant but shall make a complete semiannual inventory thereof as of the thirty-first day of March and September 30, of each year. He may report such inventories to the director of purchases whose services and facilities shall be available to the commissioner in making advantageous disposition of any part or all of such disposable equipment, supplies and materials. Such inventories shall briefly describe the disposable items, the date of purchase thereof, the vendor to the commissioner, the purchase price paid therefor and the commissioner's order number authorizing disposition thereof and shall indicate briefly the reason said items are no longer needed or can no longer be used by the commission. All such inventories shall be kept as public records open to public inspection at the office of the commissioner for a period of five years and may thereafter be destroyed.
The provisions of article three, chapter five-a of this code shall not control or govern the purchase, acquisition or disposition of any equipment, materials or supplies by the commissioner, except as provided in sections thirteen and fourteen of this article. The commissioner may, in his discretion, resort to applicable provisions of said chapter five- a and to rules, regulations and practices of the director of purchases in purchasing, acquiring or disposing of equipment, supplies and materials.
Every person, firm or corporation selling or offering to sell to the commissioner of the West Virginia department of highways, upon competitive bids or otherwise, any materials, supplies or equipment shall comply with all of the provisions of section fourteen-a, article three, chapter five-a of this code and shall file with the director of the Purchasing Division of the State of West Virginia the affidavit required therein.
Any person, firm or corporation failing or refusing to comply with said statute as herein required shall be ineligible to sell or offer to sell commodities to the commissioner as hereinabove set forth.
In addition to all other powers given and assigned to the commissioner in this chapter, the commissioner may acquire, either temporarily or permanently, in the name of the state road commission all real or personal property, public or private, or any interests or rights therein, including any easement, riparian right, or right of access, deemed by the commissioner to be necessary for present or presently foreseeable future state road purposes by gift, lease, grant, bequest, devise, agreement, purchase, exchange, right of eminent domain, or other lawful means. Such real property may be acquired in fee simple or in any lesser estate or interest therein, except in the case of a public road the right-of-way only shall be acquired. Acquisition of such personal property shall be subject to the provisions of sections thirteen and fifteen of this article. The acquisition of any and all such real and personal property is hereby declared to be a cost of highway construction. Nothing in this section shall be deemed to restrict or relinquish any right the state or any agency thereof now or hereafter possesses or may exercise by virtue of the police power or other lawful authority.
(o) Acquisition of real property, not needed as such for a state road, for the purpose of moving and relocating thereon a building or other structure or appurtenance which is situated on a lot or tract of land all or a portion of which is needed for a state road and which, after relocation, will be suitable for the purpose for which it was used prior to its being relocated: Provided, however, That such additional real property may be acquired by the commissioner by condemnation only if the following conditions are satisfied: (1) The building or other structure or appurtenance is of substantial value, (2) the real property on which it is to be relocated is not substantially improved and is adjacent to or near the location from which it is to be removed, (3) the owner of the real property needed for the state road has entered into a written agreement with the commission to accept in exchange the additional property with the relocated building or structure or appurtenance thereon, (4) substantial savings in expenditure of state road funds will result from condemning the additional property and relocating the building or structure or appurtenance rather than condemning the lot or tract, or the portion thereof, on which the building or other structure or appurtenance may be located, and (5) the real property with the relocated building or structure or appurtenance thereon will be relatively equal in value to the real property needed for the state road.
(a) The Legislature finds that it is in the public interest for utility facilities to be accommodated on the right-of-way of state highways when such use and occupancy of the highway right-of-way do not adversely affect highway or traffic safety or otherwise impair the highway or its aesthetic quality, and do not conflict with the provisions of federal, state, or local laws, legislative rules, or agency policies. Utilities provide an essential service to the general public and, as a matter of sound economic public policy and law, utilities have used state road rights-of-way for transmitting and distributing their services. Such accommodation of utility facilities on the right-of-way of state highways serves an important public purpose by increasing public access to utility services.
(b) “Utility” means, for purposes of this chapter, privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, data, information, video services, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term “utility” also includes those similar facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use.
(c) In addition to all other powers given and assigned to the commissioner in this chapter, the commissioner may acquire, either temporarily or permanently, in the name of the Division of Highways, and adjacent to public roadways or highways, all real or personal property, public or private, or any interests or rights therein, including any easement, riparian right, or right of access, determined by the commissioner to be necessary for present or presently foreseeable future utility accommodation purposes.
(d) Notwithstanding any provision of this article, the commissioner may lease real property held by the Division of Highways or any interest or right in the property, including airspace rights, if any, for the purpose of accommodating any utility that has requested a lease if the commissioner finds, in his or her sole discretion, that entering into the lease agreement with the utility is in the public interest. The term of any accommodation lease authorized by this section shall not exceed 30 years. Neither competitive bids nor public solicitations are required prior to entering into a utility accommodation lease. Any utility accommodation lease shall require the utility to pay fair market value for the real property interest as determined by the commissioner using common valuation methods, which shall include consideration of the use of the property for utility accommodation purposes: Provided, That amounts paid for property damage by the division in a condemnation case shall not be considered in the commissioner’s determination of fair market value. The commissioner shall have the option to charge and collect a one-time lease payment or fixed installment lease payments from a utility in connection with an accommodation lease. All moneys received from utility accommodation leases shall be paid into the state Treasury and credited to the State Road Fund. The provisions of this subsection are completely voluntary and shall not be interpreted to require any utility to lease any real property, or any interest or right in the property, from the commissioner: Provided, however, That for any utility which is not subject to the jurisdiction of the Public Service Commission, the lease shall not contain any exclusivity provisions.
In connection with the acquisition of real property, or any interest or right therein, for state road purposes, the commissioner may acquire, by any lawful means other than by eminent domain or condemnation, an entire lot, block, or tract of real property, or any portion thereof, even though it is not needed for present or presently foreseeable future state road purposes, if uneconomic remnants would be left the owner or if severance or consequential damages to the remainder make acquisition of the additional property more economical to the state.
(a) The Division of Highways, subject to the provisions of this section, may sell, exchange or lease real property, or any interest or right in the property, held by the Division of Highways. When the real property, or any interest or right in the property, is being held for future road purposes, it may be leased.
(b) This subsection applies to property held by the division, including a right-of-way, that was not acquired for use, or used, as a highway. When the real property, or any part of the property, or any interest or right in the property, is considered by the commissioner not necessary, or desirable for present or presently foreseeable future Division of Highways purposes, it may be exchanged for other real property, or any interest or right in the property, considered by the commissioner to be necessary or desirable for present or presently foreseeable future Division of Highways purposes, or it may be sold. In addition the division may exchange real property, or any part of the property, or any interest or right in the property, even though it may be necessary or desirable for present or presently foreseeable future Division of Highways purposes, if the exchange is made for other real property, or any interest or right in the property, in close proximity to the property which the commissioner considers of equal or superior useful value for present or presently foreseeable future Division of Highways purposes. In making exchanges the division may make allowances for differences in the value of the properties being exchanged and may move or pay the cost of moving buildings, structures or appurtenances in connection with the exchange.
Every sale of real property, or any interest or right in the property or structure on the property, shall be at public auction in the county in which the real property, or the greater part of the property, is located, and the division shall advertise, by publication or otherwise, the time, place, and terms of the sale at least twenty days prior to the sale. The property shall be sold in the manner which will bring the highest and best price. The division may reject any or all bids received at the sale. The commissioner shall keep a record, open to public inspection, indicating the manner in which the real property, or any interest or right in the property or structure on the property, was publicly advertised for sale, the highest bid received and from whom, the person to whom sold, and payment received. The record shall be kept for a period of five years and may be destroyed after five years.
(c)(1) This subsection applies to property held by the division, including a right-of-way, that was acquired for use, or used, as a highway. The commissioner may transfer, sell or otherwise dispose of any right-of-way properties or any interest or right in the property, owned by or to be acquired by the Division of Highways which the commissioner in his or her sole discretion determines are not necessary or desirable for present or presently foreseeable future highway purpose by first offering the property to the principal abutting landowners without following the procedure for public auction provided in subsection (b) of this section.
(2) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code governing and controlling the making of any leases or sales pursuant to the provisions of this subsection. The rules may provide for the giving of preferential treatment in making leases to the persons from whom the properties or rights or interests in the property were acquired, or their heirs or assigns and shall also provide for granting a right of first refusal to abutting landowners at fair market value in the sale of any real estate or any interest or right in the property, owned by the Division of Highways.
(ii) The primary use of the abutting property has not substantially changed since the time of the acquisition.
(B) When the provisions of paragraph (A) of this subdivision are met, the commissioner shall offer the property for sale to the principal abutting landowner at a cost equal to the amount paid by the Division of Highways in acquiring the real estate. If improvements on the property have been removed since the time of the acquisition, the cost shall be reduced by an amount attributable to the value of the improvements removed. The cost may be adjusted to reflect interest at a rate equal to the increase in the consumer price index for all urban consumers as reported by the United States department of labor since the time of disbursement of the funds.
(d) The commissioner may insert in any deed or conveyance, whether it involves an exchange, lease or sale, the conditions as are in the public interest and have been approved in advance by the Governor.
(e) All moneys received from the exchange, sale, or lease of real property, or any right or interest in the property, shall be paid into the State Treasury and credited to the state road fund.
(f) Notwithstanding the provisions of this section, property may not be transferred, sold or otherwise disposed of unless the commissioner finds that the right-of-way or other property has no significant value to the state as a hiking trail and does not serve as a link between two or more state owned properties. This subsection does not apply to property that lies within six hundred feet of any dwelling house.
In any instance where the West Virginia department of highways has or shall hereafter acquire title to the airspace upon and over any highway or right-of-way for highway purposes, such department may, subject to the conditions herein, transfer such airspace or any part thereof to any person, firm or corporation by sale, lease or permit to use.
When such airspace or any part thereof is determined by the commissioner not necessary, or desirable for present or presently foreseeable future state road purposes, it may be transferred by lease for such period or periods of time and on such terms and conditions, including consideration, as the commissioner shall determine to be fair and reasonable, or it may be transferred by sale, or the commissioner may transfer the use thereof by a permit to use such airspace or any part thereof for such period or periods of time as he shall determine and under such terms and conditions, including consideration, as he shall deem fair and reasonable, except that in the case of a publicly or privately owned utility, no consideration shall be required for an easement through such airspace or any part thereof.
Every such transfer by sale shall be at public auction in the county in which the airspace to be transferred by sale is located, and the department shall advertise, by publication, the time, place and terms of such sale at least twenty days prior thereto. The publication shall be published as a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the airspace to be transferred by sale is located. The airspace shall be sold in a manner which will bring the highest and best price therefor. The department may reject any or all bids received at the sale. The commissioner shall keep a record, open to public inspection, indicating the newspapers in which the airspace to be transferred by sale was publicly advertised for sale, the highest bid received therefor and from what party, the party to whom sold, and the payment received therefor. Such record shall be kept for a period of five years and may thereafter be destroyed. Every such transfer by lease with any party other than another agency of this state or any county or municipality in this state or any agency thereof shall be upon the basis of competitive bids solicited by publication of a notice of the proposed lease published as a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the airspace to be transferred by lease is located.
The commissioner shall adopt and promulgate rules and regulations governing and controlling the transferring of airspaces by sale, lease, or permit to use, pursuant to the provisions of this section, which rules and regulations shall provide for the giving of preferential treatment in making leases or issuing permits to use to the persons from whom the airspace was acquired, or their heirs or assigns.
The commissioner may insert in any instrument executed pursuant to the provisions of this section such conditions as are in the public interest and have been approved in advance by the Governor.
All moneys received from the sale or lease of, or permit to use, any airspace or any part thereof, shall be paid into the State Treasury and credited to the state road fund.
The payment of relocation costs and replacement housing costs to persons dislocated by highway construction is hereby declared to be a cost of highway construction and may be paid from the state road fund, subject to the provisions of this section. The commissioner of highways shall make the payments authorized by this section to reduce hardships to persons so dislocated. In addition, the commissioner shall render advisory assistance to persons affected and shall call upon and coordinate the services of such other agencies of state and local government as may be capable of rendering such assistance to reduce hardships to persons affected and to reduce delays in highway construction. In rendering such advisory assistance, the commissioner may accumulate and maintain lists of various kinds of properties available to which persons affected may be relocated, and acquire and file such other information and take such other action as may be necessary to render such advisory assistance. With respect to persons dislocated by federal-aid highway projects, the commissioner shall provide a relocation assistance program which will comply with and implement the federal laws and regulations relating to relocation assistance to displaced persons as set forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, being Public Law 91-646 enacted by the Ninety-first Congress of the United States of America, and the 1987 amendments thereto known as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987, being Public Law 100-17 enacted by the One Hundredth Congress of the United States of America.
Any individual, family, business concern (including the operation of a farm) or nonprofit organization to be displaced by a highway construction project shall be compensated consistent with the provisions and limitations of federal acts for reasonable and necessary costs to be incurred in consequence of being so displaced. When a family is displaced, no additional payment shall be made to individuals who are members of such family; but, if two or more displaced families occupy the same dwelling or comprise a single household, each family within such dwelling or household may receive relocation costs as provided in this section. Payments under this section are subject to the limitations provided herein and to any rules and regulations made by the commissioner as herein provided.
With respect to state highway projects and federal-aid highway projects, the commissioner shall have authority to make such payments for relocation costs, reestablishment costs, replacement housing costs, including the increased interest costs which the displaced person is required to pay for financing the acquisition of a comparable replacement dwelling, and reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, and expenses incidental to the transfer of property as are authorized by the abovementioned Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, being Public Law 91-646 enacted by the Ninety-first Congress of the United States of America, and the 1987 amendments thereto known as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987, being Public Law 100-17 enacted by the One Hundredth Congress of the United States of America.
The commissioner shall establish by rules and regulations a procedure for the payment of relocation costs within the limits of and consistent with the policies of this section and the aforesaid federal laws and regulations. Such rules and regulations may authorize lump sum payments to individuals or families, in lieu of their respective provable costs, based upon the size of the dwelling being vacated or the number of persons being affected or any other reasonable basis. The commissioner may authorize the obligations of or payment of relocation costs in advance of expenditure for relocation by any person, firm or organization eligible to receive such payment where such advance obligation or payment would speed the clearance of highway construction sites or reduce hardships.
With respect to state highway projects and federal-aid highway projects, the commissioner shall also have authority to comply with the aforesaid federal laws and regulations relating to providing last-resort replacement housing.
Nothing contained in this section or in the federal laws and regulations relating to relocation assistance and payments to displaced person shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of damages not in existence on the effective date of this section or of the federal laws and regulations relating to relocation assistance and payments to displaced persons.
In addition to all other powers granted and duties imposed upon the Commissioner, he or she shall contract with the Secretary of the Department of Environmental Protection and expend moneys from the highway litter control fund to implement the litter control program and litter control maintenance of the highways pursuant to article fifteen-a, chapter twenty-two of this code.
In order to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services, the commissioner of highways may establish cost principles for determining the reasonableness and allowability of various costs. These cost principles will govern the overhead ceilings, salary limits, expense reimbursement and any other cost the commissioner may deem necessary to regulate. The commissioner of highways shall propose a legislative rule pursuant to article three, chapter twenty-nine-a of this code regarding standard cost principles for determining the reasonableness and allowability of various costs. The legislative rule may include provisions for deviations from the standard cost principles in special situations and circumstances.
In order to promote cost effective vehicle and equipment repair work efficiently and effectively and in order to provide for repair work to be done in a safe and timely manner when in-house repair is determined not to be cost effective or practical under the circumstances, the commissioner of highways may establish a cost effective analysis for determining the reasonableness and effectiveness of obtaining repair of vehicles and equipment by certain certified vendors.
The commissioner may issue a commercial work order to certified vendors for repair of vehicles and equipment when the commissioner determines that the repairs would extend the life of the equipment or vehicle a minimum of five years and that the expenditure would be the safest cost effective alternative to purchase of new vehicles and equipment or in-house repair.
Any commercial vendor of vehicle and equipment repair may apply to the commissioner for certification as a certified repair vendor under the provisions of this section. In order to qualify, the vendor must provide proof that it has the trained personnel, the required tools, equipment and facilities to provide the work. The commissioner shall inspect or cause to be inspected the facilities and shall review the qualifications of personnel of vendors applying for certification. If approved by the commissioner, the vendor may be certified as a qualified vendor for the type of repair work the commissioner determines the vendor is qualified to provide.
Prior to issuing a commercial work order with a certified vendor, the commissioner must determine the cost of repair of the vehicle or equipment. If on site inspection is required, the commissioner may issue a work order to provide for the inspection and estimate.
Preference for issuing vehicle and equipment repair work orders shall be given to in-state licensed qualified vendors: Provided, That a vendor which fails to guarantee its work for at least one year, or which fails to guarantee its work for a longer period if the longer period is comparable to that offered by local rebuild or repair shops, or which fails to complete any work order in the time specified within the work order, or which fails to complete any work order to the specifications of the work order, shall be decertified for a period of one year.
Nothing herein requires the commissioner of highways to issue a work order to any particular commercial vendor.
The commissioner of highways shall propose a legislative rule pursuant to article three, chapter twenty-nine-a of this code regarding certification of qualified vendors and awarding work orders. The legislative rule may include provisions for deviations from the standard cost principles in special situations and circumstances.
(1) The Legislature previously commissioned a performance audit to assess and improve the effectiveness and efficiency of the core operations of the Division of Highways. The Division of Highways has long had difficulty filling positions which are essential to constructing and maintaining the state’s highways and bridges. The Legislature finds that the hiring and retention processes of the division must be streamlined to effectively and efficiently meet personnel needs while still affording applicants and employees the due process protections of classified service.
(2) The Legislature has recently approved increased funding for the division which will exacerbate its staffing shortage of hundreds of positions.
(3) The purpose of this section is to allow the Division of Highways to employ qualified applicants to vacant and new personnel positions in the division in a timely manner and to ensure that the Division of Highways has an adequate workforce sufficient to maintain safe roadways for the citizens of West Virginia.
(2) “Division” means the Division of Highways.
(13) For purposes of this section, a vacancy created when an employee of the division separates or goes on terminal leave may be posted upon receipt of the notice that the employee has separated or commenced such leave.
(2) The provisions of this section may not be applied to hiring procedures applicable to any division classified service position or employee in any manner that disqualifies the division for eligibility for any federal highway funds or assistance.
(e) Rules. — The commissioner may promulgate emergency rules and shall propose legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement and comply with the provisions of this section.
(f) The provisions of this section shall apply notwithstanding any provisions of article six, chapter twenty-nine of this code to the contrary.
(g) Classified employees of the division shall continue to be covered by the civil service system and may utilize any applicable public employee grievance process.


Swiss muesli with milk Features: Net weight: 150 g Package weight: 20 g Adding water: not less than 150 ml Weight of the finished product: 300 g Expiration date: 3 years Composition: Oat flakes from wholemeal flour, crispy cereal (wheat flour 51%,extract of malt barley 20%, maize flour by 6%, salt, sugar),milk powder 6%, raisins, glucose, hazelnuts, dried apricots, dried Apple puree, maltodextr..
Fruit muesli from not sifted flour Features: Net weight: 150 g Package weight: 20 g Adding water: not less than 210 ml Weight of the finished product: 360 g Expiration date: 3 years Composition: Cereals wheat 26%, oat flakes, corn flakes (sweet corn, sugar, edible salt, barley malt extract), sunflower seeds, almonds, strawberries, pineapple, hazelnut paste (sugar, hazelnuts 20%, caramel sugar, ..
About approval of Rules of carrying employees of bodies of internal Affairs of the Russian Federation uniforms, insignia and departmental insignia amended on 20 July 2015 THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION ORDER July 26, 2013 575 About approval of Rules of carrying employees of bodies of internal Affairs of the Russian Federation uniforms, insignia and departmental insignia amended on July 20, 2015 ____________________________________________________________________ Document changes made by order of the Ministry of internal Affairs of Russia from July 20, 2015 N 771 Official Internet-portal of legal information www.pravo.gov.ru, 20.08.2015, N 0001201508200016 . ____________________________________________________________________ In accordance with parts 1 and 2 of article 16 of Federal law dated 30 November 2011 N 342-FZ About service in bodies of internal Affairs of the Russian Federation and introducing amendments to certain legislative acts of the Russian Federation and the decree of the Government of the Russian Federation from October, 13th, 2011 N 835 About uniform, the insignia and the rules of supply of clothing for staff of internal Affairs of the Russian Federation ________________ Collection of laws of the Russian Federation, 2011, N 49, art.7020 2012, N 50, art.6954 2013, N 19, art.2329 N 27, art.3477 N 48, art.6165 2014, N 52, art.7542 2015, N 7, art.1022. Footnote in the wording introduced into effect from 31 August 2015 by order of the Ministry of internal Affairs of Russia from July 20, 2015 N 771. Collection of laws of the Russian Federation, 2011, N 43, art.6072 2013, N 9, art.948 2014, N 46, art.6348. Footnote in the wording introduced into effect from 31 August 2015 by order of the Ministry of internal Affairs of Russia from July 20, 2015 N 771. order 1. To approve rules of carrying employees of bodies of internal Affairs of the Russian Federation uniforms, insignia and departmental insignia according to the application. 2. Heads chiefs of divisions of Central office of the Ministry of internal Affairs of Russia, territorial bodies of the Ministry of internal Affairs of Russia at district, inter-regional and regional levels, educational, scientific, health-care and sanatorium-resort organizations of the Russian interior Ministry, district administrations logistics of the Ministry of internal Affairs of Russia, other organizations and subdivisions created to perform the tasks and exercise the powers vested in the bodies of internal Affairs of the Russian Federation Paragraph in the wording entered into force from August 31, 2015 by order of the Ministry of internal Affairs of Russia from July 20, 2015 N 771. 2.1. To organize the study of the Rules approved by this order, employees of bodies of internal Affairs of the Russian Federation. 2.2. When conducting drill parades and intercession before the service to check the compliance by officials of internal Affairs agencies of the Russian Federation of the Rules approved by this order. 3. Control over the implementation of this order to assign to the Deputy Minister, who is responsible for the relevant activities. The Minister the General-the Colonel of police V.Bells Registered in the Ministry of justice Russian Federation September 10, 2013 registration N 29930 App. Rules of carrying employees of bodies of internal Affairs of the Russian Federation uniforms, insignia and departmental insignia App amended on July 20, 2015 I. The main provisions 1. These Rules carry the staff of internal Affairs bodies of the Russian Federation uniforms, insignia and departmental insignia establish procedures for the wearing by employees of bodies of internal Affairs of the Russian Federation of uniform, departmental insignia of the employee, departmental insignia and insignias for special titles. ________________ The Rules . Hereinafter employees . The insignia . 2. The right to wearing of uniform by staff in accordance with assigned special ranks apply to employees and persons dismissed from service in bodies of internal Affairs of the Russian Federation, with the right to wear the uniform prescribed at the time of dismissal. ________________ The internal Affairs . Wearable items of uniform should comply with the samples and descriptions, to be fitted and kept in good condition. 3. Uniforms are classified by employee category and type in the output form of clothing for building and outside building , casual clothing for building and outside the building , special uniform, dress code for bearing outer services patrol and traffic patrol , and each of them season - summer and winter. During work hours, employees are required to wear set for them in the form of clothing, with the exception of who is allowed on duty wearing civilian clothes.
Эмблема герб Министерства юстиции РФ по окружности расположен венок из лавровых веток, перевитый в верхней и нижней его части лентой. В центре - фигура двуглавого орла с поднятыми вверх крыльями, увенчанного одной большой и двумя малыми коронами. В правой лапе орла - скипетр, в левой - держава. Короны соединены лентой. На груди орла - фигурный щит. В поле щита - столп Закона .
Choose and order the ministry of justice. Worldwide shipping. Australia, Japan, South Korea, United Kingdom. We ship to all islands including Antigua, Barbuda, Great Bird, Green, Guinea, Long, Maiden and the York Islands. Easily at the cheapest cost.