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HomeMy WebLinkAbout06-11-12 Board of Public Works Meeting pt2I+C'm q.r�- Marina Realty of Ithaca, LLC 525 Taugbannock Boulevard Ithaca, NY 14850 RECEIVED MAR 3 0 2012 Office of the Supt. and Engineering Stephen Flash, Member Manager Email: Steve(ahub2)4.com Office: 204 Minewoods Road Ph.: (607)592-0672 Ithaca, NY 14850 Fax: (607)697 -0410 Mamh 29, 2012 Department of Public Works City of Ithaca 108 East Green Street Re: Use of City owned Property, Taughannock Blvd., Tax Map 43-1-4 (Agway parcel) Appeal of Invoice #: 00016250 Dear Su /Madam: Please accept this letter as an appeal of the Invoice dated March 22, 2012 for a license fee for the above property. Marina Realty of Ithaca (MI11) currently pays the City $200 per month pursuant to a Lease Agreement dated November 1, 1998. (Attached) That agreement is cri endy on a month to month basis and cannot be terminated by the City without a thirty day notice. We have received no such notice. The lease remains valid and enforceable by MRI, and until properly terminated, we will continue to timely pay the required rental This letter will also serve as our objection to the proposed license arrangement and fee proposed by the City. Fist, MRI has continued to pay the $200 primarily as a good faith demonstration to the City of our interest in the overall development of Inlet Island, an interest which the City shares. However, nowhere on the Agway parcel is there any sign or notification that the parking is limited to MRI or Boatyard Grill parking. It is open to the public. Yet, despite its status as free open public parking, MRI pays for insurance, maintenance, snow plowing and the $200 month revenue to the City. Indeed, this parking lot is available solely because MRI at its sole cost and risk demolished the asbestos laden Agway building and fencing. We also dispute the amount of the increase. Having been an oil storage site and a gas station, the Agway parcel is heavily contaminated and unusable for any purpose. As die attached Geologic report indicates, there is an estimated 6,000-6,500 tons of contaminated soil at or below the surface of the lot The City has acknowledged its obligation to remediate this contamination (See attached resolution). This parcel cannot be used fox "Marine Commercial" development until it is cleaned. No developer or lender would touch this property without substantial investment of upfront environmental remediation costs. In addition to the significant existing contamination, the City has dumped additional contaminated soil on the property which has reduced the amount of space available for parking. With this level of contamination, the value of the Agway parcel is less than zero. MRI's payment of $200 month is more than fair. Board of Public Works Office of the Superintendent March 29, 2012 Page 2 of 2 MRI wants to assure that Inlet Island continues as a prime development site that benefits the City. Therefore, we are willing to consider a modest, increase to the monthly payment and a revised license arrangement. However, we will not pay an $11,000 annual fee in exchange for a license that is terminable by the City. We request that you share with us the appraisal and will be happy to meet to discuss mutually acceptable terms. Very truly yours, 6, V v� Stephen B. Flash, Member Manager Marina Realty of Ithaca, LLC Cc: Debts Parsons ]oAnn Cornish LEASE AGREEMENT The parties agree to lease 506 Taughannock Boulevard, Ithaca, N.Y.: Date of this Lease: Parties to this Lease and address: 1. Term: 2. Premises rented: 3. Rent: November 1, 1998 Landlord: City of Ithaca Landlord's Agent: Ithaca Board of Public Works Agent's Address: Superintendent of Public Works 108 East Green Street Ithaca, NY 14850 Tenant: Marina Realty of Ithaca, LLC Address: 202 East State Street, Suite 401 Ithaca, NY 14850 Seven months: beginning: November 1, 1998 ending: May 31, 1999 506 Taughannock Boulevard, Ithaca, N.Y. (tax parcel ID # 43 -1 -4), also known as the "Former Agway Site;' for outdoor storage use. The premises rented include only the outdoor areas on the site. Tenant does not have right to enter or use the building on the premises. The monthly rent is $200. You, the Tenant, will pay this monthly rent to the Landlord as follows: The first and last month rent, a total of $400, is to be paid in full on or before November 1, 1998 or the date of signing of this lease, whichever is later. In addition, a separate security deposit of $200 is to be paid in full at this lime. Rent payments should be made payable to the "City of Ithaca' and sent to the following address: Superintendent of Public Works 108 East Green Street Ihaca, NY 14850 City of Ithaca/MRI Lease Agreement 506 Taughannock Boulevard Page 1 of 3 City of Ilhaca/MRI Lease Agreement 506 Taughannaek Boulevard Page 2 of 3 It is further agreed that Tenant will pay an additional charge of $10.00 for every full week rent is past due, if rent is not paid on the I' of the month. 4. Agreement to Landlord leases the Premises to you, the Tenant, for the Term. You, the lease and pay Tenant, agree to pay the Rent and other charges as required in the Lease. rent: You, the Tenant, agree to do everything required of you in the Lease. 5. Default: Failure of the Tenant to pay rent when it becomes due constitutes default of Us agreement. If you, the Tenant, fail to pay the Rent, or any pan of the Rent when it becomes due, the landlord may sue you for it, or re -enter the Premises, or use any legal remedy. The use, possession, or sale of illegal drugs on these premises is an illegal Illegal purpose. Upon receipt of credible information that the Tenant is involved Drugs in or allowing the use, possession, or sale of illegal drugs at this property, constitutes default of this lease agreement. The premises were purchased m part of the Cass Park purchase with federal Conversion Land and Water Conservation Funds, conveying a park status on the From premises. The City is in the process of convening this parcel to non -park Park Status status and acquiring replacement park properties. The City has gained both state legislation approving alienation of the premises (1995) and National Park Service approval for conversion of the premises (1997). The terms of this lease agreement have been verbally approved by Mr. Victor Disanto of the New York State Office of Parks, Recreation & Historic Preservation (NYSPR&HP). However, should the NYSPR &HP notify the City of Ithaca that the use of the premises violates state or federal laws, contracts or regulations regarding the park status of the premises, this lease agreement shall be void, and the tenant shall vacate the premises within forty -eight hours of receipt of notice from the Landlord. Prepaid rent shall be refunded to the Tenant on a pro -rate basis. 6. End of Term: You, the Tenant, agree that at the and of the Term you will surrender the Premises in as good condition, as now, except for ordinary wear and damage by the elements. Any repairs to modifications of the fencing and entrance.gate necessary to move boats onto the premises shall receive prior permission of the Assistant Superintendent of Streets and Facilities (Richard Ferrel: 272- 1718). 7. Subleasing: Subleasing of the premises is not permitted without the advance written consent of the Landlord. City of Ilhaca/MRI Lease Agreement 506 Taughannaek Boulevard Page 2 of 3 S. Conditions of Occupancy: Liability Insurance Indemnification Landlord Access 9. Changes: 10. Quiet enjoyment: 11. Signatures: Tenant shall maintain adequate general liability insurance for the term of the lease listing the City of Ithaca as an additionally insured party. Proof of such satisfactory insurance coverage shall be furnished to the Superintendent of Public Works as a condition of entering this agreement. The Contractor shall defend, indemnify, and hold the City of Ithaca and/or the Board of Public Works harmless from property damage and/or personal injury and any claims against the City of Ithaca and/or the Board of Public Works arising from the negligence of the Tenant. The Tenant agrees to allow the City's representative access to the premises and move any storage, at Tenant's sole cost, to allow the City to conduct any investigation of environmental contamination at the premises, upon 24 hours prior notice. Such investigation may include soil borings at numerous locations at the premises. This Lease can be changed only by an agreement in writing signed by both parties to this Lease. Landlord agrees that if you, the Tenant pay the rent and are not in default under this Lease, you, the Tenant may peaceably and quietly have, hold and enjoy the premises for the Term of this Lease. Landlord: Alan J. Cohen, Mayor Tenant: Stephen B. Flash Marina Realty of Ithaca, Inc. 1/7 /a9 Date U7i9T- Date ,\plannin&m clscc]aF:�Y1n ugmcmns.dac City of IthacalMR1 Lease Agreement 506 Taughannack Boulevard Page 3 of 3 LEASE AGREEMENT EXTENSION The Parties agree to extend the lease of 506 Taughannock Blvd., Ithaca, New York, as follows: Pursuant to Section 9 of the Lease executed by the City of Ithac. , Landlord, and Mariaa Realty of Ithaca, LLC, Tenant, January 7, 1999, said lease attached and incorporated by reference, Landlord and Tenant agree to extend the terms of the lease through May 31, 2000. In the event that the premises are sold to the Tenant herein prior to May 31, 2000, then this lease shall terminate and pro rata adjustments of rent paid at that time shall be made. In the event that the premises are sold prior to May 31, 2000, to an entity other than the Tenant herein then Tenaut agrees to surrender the premises on May 31, 2000, provided that the Tenant has been reimbursed from the City for all reasonable documentable out of pocket expenses incurred in remediating the site pursuant to the City's resolution of March 5, 1999. City of Ithaca Ln A"ti Marina Realty of Ithaca, LLC By Stephen B. Flash f m 14 A 1gy by I WR p9; n 1 Von no -,;.I N'T LEASE AGREEMENT EXTENSION The Patties agree to extend the lease of 506 Taughannock Blvd., Ithaca, New York, as follows: pursuant to Section 9 of the Lease executed by the City of Ithaca, Landlord, and Marina Realty of Ithaca, LLC, Tenant, January 7, 1999, said lease attached and incorporated by reference, Landlord and Tenant agree to extend the terms of the lease through May 31, 2000. In the event that the premises are sold to the Tenant berein prior to May 31, 2000, then this lease shall terminate and pro rata adjustments of rent paid at that time shall be made. In the event that the premises are sold prior to May 31, 2000, to an entity other than One Tenant herein then Tenant agrees to surrender the premises on May 31, 2000, provided that the Tenant has been reimbursed from the City for all reasonable documentable out of pocket expenses incurred in remediating the site pursuant to the City's resolution of March 5, 1999. City of Ithaca m Marina Realty of Ithaca, LLC By Stephen B. Flash -- .—WO rm, .9 umqQ K"! I WO so, .5 and Epic --rf: -low" -- .—WO rm, .9 umqQ K"! Marina Realty of Ithaca, LLC 201 East State Street, Suite 401 - - Ithaca, NY 14850 . (607)773-0670 - - .Vmk Camparnolo - vM Cbru Purdy - oryt B,A A - '.January 7, 1999 _ Superintendent of Public Works. _ - - -. 1108 East Green Street- - Ithaca, NY 14850. BY HAND Re: Lease of 506 Taughannock Boulevard - AKA "Former. Agway Site".. Dear silal�dam. Enclosed . please find: the pioposed lease executed this dare by myself and previously executed; though undated, 6j Mayor Cohen: I received this lease from Nc1s: Bohn on December 2;.1998. -"rve enclosed a check, made payable to the City; for $800 representing December (fast month); January (present month), last month aodsecuriry - deposit payments. Our insurance agent, Thgmas Corey of rue Insurance, advises that the Certificate' of Insurpnce"naming the City ii an additional insured will be forwarded to the Superintendent withinthepeat one or two days. - Thank you for your. time and attention to this matter. if there should be any, questions, please'do not hesitate to contact me.' - - - Very. truly yours, Stephen B. Flash Enc.: as noted cc: Nan Cohen - .. . Nels Bohn F' MARINA REALTY OFiTHACA, LLC - 1053' 202 E STATE ST. STE 01 R-HACA, NY 14M - - - - - G ePlxpl r� PAY DATE II7�91 ORDER OF :'i."Yyu - ` '�.$ £gob pp LAW 4•Tlvpt%.„..�..�- DOLLARS OIE= McTBank.:__ _ — ' - eioueb.aea- n.�nmmv FOR r "A+ 1:02200001.61: OL528 ... 8 -� GeoLogic GeoLo IC NY. Inc. _ FO. 1111e;,wi 1rr M3r.� -iai . F., Nr 11, d February 5, 1999 Dr. Chris Purdy 1018 Ellis Hollow Road Ithaca, NY 14850 Reference: Subsurface Investigation Former Agway Property Project No. 97031 Dear Dr. Purdy: This letter report presents the findings of the Subsurface Evaluation we conducted on a portion of the former Agway property, Ithaca, New York, SCOPE OF SERVICES The scope of services conducted by GeoLogic included: Providing a hydraulic probe to advance 24 direct push sampling probes on the site; Screening the recovered soil samples with a photoionization detector (PID) for the possible presence of petroleum hydrocarbons; Preparing this letter report outlining the extent of subsurface soil contamination, based on the hydraulic probe and photoionization screening results. Soil & Groundwater Samplin Direct push sampling probes were advanced at 24 locations (see attached Drawing). Soil samples were obtained from all 24 -probe locations to evaluate subsurface soil types at the site and screen soils with a PID for the presence of volatile organics. The soils and corresponding PID readings encountered at the site are summarized in the attached table. The following assumptions are based on our field observations and PID readings Soils with PID readings above 100 ppm and above the water table be removed from the site; Soils underneath the building and aboveground storage tank areas are contaminated; Soils in the northeast and southeast comers of the property will not be excavated; The maximum depth of the excavation will not exceed 7 feet; In some areas, it may be possible to scrape off the top foot of soil which is not contaminated and not dispose of this soil in a landfill. Ithaca Boating Center February 5, 1999 Page 2 Based on the above information and assumption, we estimate that approximately 4000 to 4500 cubic yards (6,000 to 6,750 tons) of soil will need to be removed from the site and property disposed of. As we mentioned in our December 11, 1998 proposal, we recommend that an environmental monitor be on -site during the excavation/remediation process. The environmental monitor will: 1. Monitor the excavation of the contaminated soil. 2. Screen soil samples with a photoionization detector (PID) for the presence of petroleum and assist in determining the extent of soil removal. 3. Obtain selected soil samples from the bottom and sides of the excavation for analysis of petroleum compounds on the NYSDEC "STARS" list. 4. Prepare a remedial report for submittal to the NYSDEC that will include documentation of the extent of soil removal, analytical results, and bills of lading and receipts from the landfill documenting proper disposal of soil removed. If you have any questions concerning this report please do not hesitate to call us at (607) 836 -4400. - Sincerely, G ogic NY, In . Y Jo ph L. Nossal Hydrogeologist Marjory Ri aldo- President Enc: (cable, Drawing) W: File projecWe70316epon /agvray soil report AGWAY TERMINAL TAUGHANNOCK BLVD ITHACA NY PROJECT # 97031 Approx. PID Location Depth of Depth to Soil Sample Description Reading Soil Samples Water rnnm\ B-1 8 0.1.0 Brown/Grey F -C Sand & Gravel 2 -10 2.0.3.5 Black Slag, cinders, coal, ash w /S&G 55-80 3.5 -4.5 Black Slag, cinders, coal, ash w /58G 120.270 4.5 -8.5 Grey /Black Silly Clay 225. 250_.. 8.5 -8.0 Grey /Black Sill Clay 40.80 4.0 Water Soil appeared saturated - Sheen/odor- B-2 8 0.1.5 BrownlGrey F -C Sand & Gravel 410 1.53.0 Black Slag, cinders, coal, ash w /S&G 45.55 3.0 -8.0 Black Slag, cinders, coal, ash w /S&G 200.220 8.0.7.0 Grey /Brown Silly Clay 225.250 7.0 -8.0 Grey/Brown Silt Clay 0 4.0 Water Soil appeared saturated - Sheen/odor ' B-3 8 0.1.5 Brown/Grey F -C Sand & Gravel 0.10 1.5.3.0 1 Black Slag, cinders, coal, ash WS8G 80.00 3.0.3.5 Black Slag, cinders, coal, ash w /S&G 150 3.5 -7.0 Grey /Black Silty Clay 100.150 7.0 -8.0 Grey/Black Silty Clay 5.15 3.5 Water Soil appeared saturated - Sheenlodor B-4 8 0.0.5 Brown/Grey F -C Sand & Gravel 0.20 0.5.3.8 Black Slag, cinders, coal, ash w/S&G _ 500.850 3.8-4.0 Black Slag, cinders, coal, ash wlS&G 500.850 4.0.8.0 No Recovery 8.0.7.5 Grey Silty Clay 100.150 7.5.8.0 Grey Silly Clay 5-15 3.8 Water Soil appeared saturated - Sheenlodor B -5 8 0-0.3 Concrete 0.5 -3.5 Black Slag, cinders, coal, ash w /S&G 500.1300 3.5.4.5 Black Slag, cinders, coal, ash w /S&G 1200 -1250 4.5.7.5 Grey Silly Clay 3004100 _ 7.54.0 Grey Clay 50410 3.5 Water Soil appeared satunded - Sheen/Odor PID Approx. _ nascriotion Reading Approx. PID Location Depth of Depth to Soil Sample Description Reading Soil Samples Water (Ppm) B-13 8 0.2.0 Brown F -C Sand & Gravel 10.20 2.0.3.8 Black Slag, cinders, coal, ash 200420 3.8.5.5 Brown/Grey Silly Sand 80-120 5.5 -7.5 Grey Silty Clay 800 -1200 1 7.5 -8.0 Grey Silty Clay 50.100 ' 4.0 Water Soil appeared saturated - odor 8.14 8 0-3.7 Brown F -C Sand & Gravel, Some Silt 0.2 3.74.0 Grey Clayey Sill so-so 4.0 -8.0 No Recove 3.8 Water Soil appeared saturated - odor B-15 4 0.3.5 Brown/Black Silly Sand & Gravel & Slag 0.2 3.5 -4.0 Brown/Grey Silly Clay 0.2 S-18 8 0.3.5 Black Slag. Cinders, Sand & Gravel 0-10 3.5.4.0 Black Slag, Cinders, Sand & Gravel 150.200 4.0.5.0 Grey Silt w/little sand 0.5 5.0.8.0 Grey Silty Clay 0.5 4.0 Water Soil appeared saturated - odor B-17 4 0.3.8 3.8.4.0 Black Slag, Cinders, Ash, Sand & Gravel Grey Silly Clay 0.2 0.2 3.8 Water Soil appeared saturated - odor B -18 8 0.3.8 3,8 -8,0 Black Slag, Cinders, Ash, Sand &Gravel Grey Silly Clay 0.2 0.2 3,8 Water Soil appeared saturated - odor B-18 8 0.1.5 1.5 -3.8 Brown F-C Sand &Grovel 8 Sill Black Slag, Cinders, Ash, Sand & Gravel 0 0.2 3.84.2 Black Slag, Cinders, Ash, Sand & Gravel 0.2 4.2 -8.0 Grey Silty Clay 0.2 3.8 Water Soil appeared saturatetl -odor B-20 8 0 -1.5 1.5.3.8 Brown F -C Sand & Gravel & Silt Black Slag, Cinders, Ash, Sand & Gravel 0 0.2 , 3.842 Black Slag, Cinders, Ash, Sand & Gravel 0.2 4.2 -5.5 Grey Silly Clay 10.15 _ 5.5 -B.0 Grey Silly Cla 0.2 3,8 Water Soil an neared satursled Approx. PID Location Depth of Depth to Soil Sample Description Reading o..:. e... -.. I— (ppm) Notes: F -C = Fine to Course S & G = Sand & Gravel B-2/ 8 0.1.5 Brown F -C Sand & Gravel & Sill 0.t 1.5.3.8 Black Slag, Cinders, Ash, Sand & Gravel 0-2 3.8-4.0 Black Slag, Cinders, Ash, Sand & Gravel 25.35 4.0.8.0 No Recovery 10.15 3.8 Water Soil appeared saturated - odor B,� 8 0-3.5 3.5.4.5 Black SIaB. Cinders, Ash, Sand &Gravel Black/Gre Silty Clay 0 0.2 4.5-8.0 Gre Silt Clay 25.50 5.0 Water Soil appeared saturated -odor B-23 5 0-3.0 3.0 -4.5 4.58.0 Black Slag, Cinders, Ash, Send & Gravel Greyish Black Silty Clay Grey Silt Clay 0 0.2 45-100 5.0 8.".0 Water Grey Slit Cie Soil appeared saturated - odor 0.2 B-24 8 0.2.0 2.0.3.0 Brown F -C Sand & Gravel & Sill Black Sign0.2 0 3.0 -4.0 4.0 -8.0 Water Brown Clayey Silt 0-2 Gre SIIty Clav 0.2 ._. Notes: F -C = Fine to Course S & G = Sand & Gravel U •� J yµyµ 4L 4 LLk 4 rs + W + \JpES / +m 18.7 Agreement with Marina Realty of Ithaca LLC to remediate 506 Taughannock Boulevard (tax parcel #43-1-4) By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, the City owns the "former Agway" parcel located at 506 Taughannock Boulevard (tax parcel #43 -1 -4), and WHEREAS, both the 1992 Report of the Inlet Island Land Use Committee and the 1998 Inlet Island Urban Design Plan encourage private sector use of the parcel as part of the redevelopment plans for Inlet Island, and WHEREAS, the City intends to solicit proposals for purchase and redevelopment of the property to a qualified sponsor for a use consistent with the Inlet Island plans, and WHEREAS, analysis of recent soil boring_q conducted by Geologic NY, Inc. confirms that extensive soil contamination is present on the parcel, and WHEREAS, the City, as owner of the parcel, is a responsible party to remediate environmental contamination on the parcel, even after conveyance of the property, and WHEREAS, MRI has submitted a work -scope plan to the NYS Department of Environmental Conservation (DEC) to remediate environmental contamination at the site to the satisfaction of the DEC and to such level as to obtain a "No Further Action letter," and WHEREAS, the City was awarded $350,000 in Brownfield Economic Development Initiative (BEDI) grant funds from the U.S. Department of Housing & Urban Development to remediate the nearby Ithaca Boating Center brownfield site, where MRI plans to construct a restaurant, and WHEREAS, there may be a surplus of approximately $100,000 in BEDI funds to clean up the Ithaca Boating Center site if remediation can commence in early March while water levels are low in the Cayuga Inlet and off - season truck hauling rates are available, and WHEREAS, MRI proposes to undertake remediation of the parcel at the same time in March as they clean up the Ithaca Boating Center site with all remediation costs for both sites that go beyond funding available from the BEDI grant to be borne by MRI, and WHEREAS, in return for undertaking the remediation, MRI seeks: l.an opportunity to submit a proposal to purchase and redevelop the site in response to an RFP to dispose of the property, and 2. financial reimbursement from the City for all reasonable, documentable, out -of- pocket expenses incurred in remediating the site in the event they do not acquire title to the property, now, therefore, be it RESOLVED, That in exchange for MRI undertaking environmental remediation of the 506 Taughannock Blvd. parcel to DEC's satisfaction, the City hereby agrees to reimburse MRI for reasonable and documented out -of- pocket expenses incurred to environmentally remediate 506 Taughannock Boulevard in the event MRI does not eventually acquire title to the property, and be it further RESOLVED, That this guarantee is only binding on the City if MRI bids a purchase price for the parcel equal or greater than their out -of- pocket remediation costs or the City retains the parcel, and be it further RESOLVED, The City is under no obligation to convey the property to MRI as a result of these improvements, and be it further RESOLVED That the Mayor, upon review by the City Attorney, the Director of Planning & Development and the Chair of the Planning and Economic Development Committee, is authorized to develop and execute appropriate documents to implement this agreement. Carried Unanimously STATE OF NEW YORK COUNTY OF TOMPKINS SS: CITY OF ITHACA I, Julie Conley Holcomb, City Clerk of the City of Ithaca, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a regular meeting held on the 3r° day of March, 1999, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the City of Ithaca, this 5" day of March, 1999. "Ae Conley HoIc CMC City Clerk City of Ithaca, New York CITY OF ITHACA —superintendent of Public works 108 East Green Street, Suite 202, Ithaca, N.Y. 14850 Tane: (607) 274 -6527 Fax: (607) 274 -6587 2011 -2012 APPLICATION FOR MOBILE VENDING (Other than Ithaca Commons) CONTACT NAME Tb t4 P Vs LO DATE OF BIRTH ro ro 80 NAME OF BUSINESS L RLV IZVLK MAILINGADDRESS f0$ %x N lhwo(i 5T PHONE 00-7 3$( 33'/4 almhcA 14 E -MAIL ADDRESS: 1 k e7 irk&1 I • con. _ DATE OF APPLICATON: 5 9 12. L TYPE OF PERMIT REQUESTED: Mobile vendors: RECEIVED A $100 security deposit refundable upon satisfactory site inspection at th end of the contract term — Required for all vendors. Seasonal(APHI I - October 3l)— Rate $400 MAY 0 9 2012 [� Annual (April to April ONLY) —Rate $500 Office of the Special Events (No more than 5 consecutive days) — Rate $60 per day Supt. and ❑ Expansion sites may expand to 20' x 20' at the following rates upon appr Lai rom the �p�gdRRblOftinl of Public Works: o Seasonal (April 1- October 31) — Rate $800 ❑ Annual (April to April ONLY) — Rate $1,000 Other ❑City funded projector 501(C)(3) Organizations $60 per month All fees are due with the submission of the completed application and all required documentation. Fees are non- refundable unless otherwise specified herein. Mobile Vending agreements do not include vending at the special events listed below- Permission to vend at these events is subject to approval by the event organizer (the event organizer may charge fees and require a separate security deposit). Event organizers are not obligated to accept your application should you choose to apply to vend at one of their events. • Chili Cook —Off— February 20, 2010 (if you are interested in vending during this event, for an additional fee, please contact the Downtown Ithaca Alliance at (607) 277 -8679) • Ithaca Festival —June 3 -6, 2010 (if you are interested in vending during this event, for an additional fee, please contact the Ithaca Festival Office (607) 273 -3646 or visit their website at www ithacafestival org) • Apple Harvest Festival — October 1 -3, 2010 (if you are interested in vending during this event, for an additional fee, please contact the Downtown Ithaca Alliance at (607) 2277- 8679.) REQUESTED SITE LOCATION: PtE S'�, C.LST�F -� ED 1 TNf%% Y SUBrt- //fl Lper yEAd?�. r% LIkS MVL -tIPLE �PoVOJC� LOLRIfOi✓S (Note: Site preference will be given to returning vendors, then on a first come basis. We suggest that you spend some time reviewing the vending sites before you select and commit to a site.) ' r REQUESTED VENDING DAYS: M T W Th F Sa Su DATES: AP <l� 11 TO: AML '13 (Circle the days of the week) REQUESTED VENDING HOURS: START /0 A.M.M.M. FINISH /0 A.M.IP.M. (Note: Vending hours are limited to 10 a.m. to 16—p m unless special permission has been granted by the Superintendent of Public Works) jei ft 0160nl165/00V {r24 3Af4 [mil 4 SHT 44m A/76'Nls and trash placed in their containers. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. • Vendors shall keep public spaces within a ten -foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. • No music, amplified sound, or repetitive noise may be played by the vendor that can be heard outside of the vending site. • If the vending site remains vacant for three (3) consecutive weeks without permission from the Superintendent's Office, it will be considered abandoned and re- assigned and no fees will be refunded. • The City reserves the right to move vendors for necessary maintenance and repairs to City property. • The City does not provide water or electric service to mobile vendors. • All permit holders shall cooperate with City of Ithaca employees. • Applicant shall indemnity the City of Ithaca and hold it harmless with regard to any and all claims arising from the operation of the site by the vendor as herein contemplated and permitted. Fire Code Raouirements: Requires a permit for the use of LPG under Chapter 181: Fire Prevention Code. This permit is available through the City of Ithaca Fire Department. Requirements for Propane Usage For Events on City of Ithaca Property - NYS Variance 2006 All propane piping and fittings shall be maintained in accordance with the Mechanical & Fuel Gas Code of New York State LPG tanks shall be located outside any tent or canopy. All propane tanks are required to be secured from tampering, damage or upset. All hoses and plumbing between the tank and appliance is protected from being damaged or disrupted and is not in the public way. Cooking and heating equipment shall not be located within 5 feet of LPG Tanks. Outdoor cooking that produces sparks or grease laden vapors shall not be performed within 5 feet from canopies used for cooking Minimum 1 fire extinguisher 10 -B rated, K extinguisher for cooking with vegetable. oil #41e- ec li ss K Fire Treatment Cerfrtcation or Label required (NFPA 701, ASTM E84, or CPAI 84) for all tents, canopies, and membrane structures used for cooking with LPG. Ground covers under cooking equipment shall be fire resistant, or treated with a !re retardant. 8 feet shall separate cooking tents using LPG from other buildings 20 feet shall separate cooking tents using LPG from other non - cooking tents or membrane structures. Tents can be only grouped with maximum aggregate size of 400 square feet, with like uses. Non - cooking with non - cooking and cooking with cooking. 6 foot fire breaks between every 400 square feet of grouped tents. 14 foot fire lane shall be maintained. Security Deposit: A $100 refundable deposit is required for all vendors at the time of application for their mobile vending permit. All sites are subject to periodic review and the deposit will be refunded upon final site inspection by the Department of Public Works staff at the end of the agreement period. If grease or other stains are found at the vending site, the Department of Public Works staff shall make arrangements with the vendor for clean -up within a specified time period. If the site is not cleaned -up within that time period, the Department of Public Works will clean the site and a fee will be charged that will be subtracted from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. Permit Revocation: The Superintendent may terminate this agreement at any time without cause, in which case the contractor shall be reimbursed on a prorated basis for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. The Superintendent may suspend or terminate this agreement at any time for cause, including but not limited to: • Violation of the Rules of Operation USE OF TENT OR CANOPY PLANNED© YES NO 7WZ* #43 #4410- 'Sf✓r (.E -"'l &Y'700 1J (Note: Use of tents and canopies may be subject to separate approval as well as utility clearance depending on proposed site. All approved tents and canopies ,ed need to be secured appropriately for inclement weather conditions.) USE OF VEHICLE NEEDED® YESL7 NO Explain: M15 y.5 c rrOPr[.6 rCvcK W11060E A-OOD IS 4"AW xINTiOB HAVE YOU EVER BEEN CONVICTED OFA CRIMEg] YESPT�NO Explain: Lh A copy of a New York Sales Tax Certificate (NYS Taxation & Finance Office (800) 225 -5829) www.tax.nv.us Insurance Certificate of Liability in the amount of $1,000,000 naming the City of Ithaca as an Additional Insured (Contact your local Insurance company for more information) ❑ Proof of Workers' Compensation and Disability Coverage required by New York State. Please note the "ACCORD" form is no longer acceptable proof of workers' compensation coverage. Contact New York State rJ A Workers' Compensation at 1- 866- 802 -3604 or visa their website at www wcb statenv. us with questions: or Completed NYS Workers' Compensation waiver If the applicant Is not required to provide such coverage. Contact New York State Workers' Compensation at 1-866- 802 -3604 or visit their website at www.wcb.state.nv.us with questions. Health Department Certificate, if applicable (Tompkins County Department of Health (607) 274 -6688) L� List of items offered for sale along with their respective prices. This is considered part of the permit, If approved, for its duration. A copy of your cart specifications or a description and sketch of your site layout. A written description of your waste disposal plans for trash, water, grease, and other materials. City Staff will review description and modifications may be required before a contract will be issued. ❑ Proof of 501(0)(3) Designation If applicable N /A n Copy of I'D permit for solid, liquid or gas fired cooking /heating appliances NK ,z6spt 0AV . TANKS Net oN 6PovN o Rules of Operation: • Vending sites are 10' x 10' in size and vendors are required to keep all of their equipment within their assigned site. If requested as an "expansion" sites, the site may expand to 20' x 20' in size for an increased fee. • Vendors shall not block or Inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. • Vending hours are from 10:00 am - 10:00 pm unless the Superintendent of Public Works grants special permission for different hours. • Vending carts must be attended at all times. • Vendors found setting up in locations other than their assigned site will be subject to the revocation of their mobile vending permit without reimbursement of fee or security deposit. • Tents with two sides and canopies, if permitted, are allowed but must be secured appropriately for inclement weather conditions. • All carts, tents and canopies must be removed from the vending site at the close of business each day. • Food vendors must maintain the submitted food menu and prices throughout the permit period unless the Superintendent of Public Works grants special permission for a different menu and different prices. • Smoke and /or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. • Vendors are responsible for trash and waste disposal, Vendors shall provide a container for trash and litter attached to their carts. Vendors shall be responsible for the removal of litter which results from their operation • Dumping in City hash cans, grates, storm sewers, or other areas • Fraud, misrepresentation or false statements in the permit application. • Fraud, misrepresentation or false statements made in connection with the selling of merchandise. • Violation of any ordinances, regulations or laws applicable to the holder of such a permit. • Conduct of the business permitted In an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. If the agreement Is suspended or terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the Board of Public Works no sooner than 10 days after requesting such a hearing. The Board of Public Works shall have the right to suspend, terminate or re- instate the agreement. Such decision shall become effective Immediately. Any applicant whose permit is terminated under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. I, the undersigned Applicant, have read and understand the Rules of Operation, Fire Code Regulations, and Special Event criteria, and agree to abide by them. addition, my signature on this application constitutes consent for the City of Ithaca to conduct a background check. n 2 Signature of Applicant: Date: $ 4 � APPLICATION APPROVAL: Security Deposit of $100 paid on _ Fee of $ paid Waste Disposal Plan Approved by: _ NOTES: FOR OFFICE U SE ONLY (date) by cash or check # _ (circle one) _(date) by cash or check #_ (circle one) on Date: Approved by: William J. Gray, P.E., Superintendent of Public Works Mobile Vending Agreement Issued END OF CONTRACT Site Inspected by DPW Staff Person: Site lnspectionF] Passeco Failed Security Deposit of $100 refunded on By: Superintendent of Public Works Offce (Note: security deposit will only be refunded upon successful completion of site inspection by DPW staff. If site fails inspection, security deposit is forfeited to pay for cost of DPW to clean site) 06/09 Rev.: 02 /10,02/12 617112- 76 Gf,Sa/h /T r�,n cEQJ ' �f 4ry9.9VAoO- TH /s AOVCk� CK) U Mao _ Of�uilfEl� QC3lN^� -�lT fks�v .t i9-S A cH�t.t roe r O 200 m zz< T .ten s K N 0 o a D 0 m m 0 co N Q m m T m � q � u m � a m m o m ¢ o amp � m m aa^ N m m m m a .-R j T �'O ° -rvnmo nmm -o a oca � n�� x pmN — m =m a � r CD am m T ^ and o D x T m N rn p v m o CERTIFICATE OF LIABILITY INSURANCE D 5//9/29/2 012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyliesl most be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endomemerd. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER First Niagara Risk Management, Inc CONTpm Melanie K Martin roue PHONE FAX EMmL .melanie.martin @form. tom 501 S. Meadow Street INSURE S AFFORDIHGCOVERAGE NAICA INSURERAD den Mstual Insurance compaurey EACH OCCURRENCE Ithaca MY 14850 INSURED INSURER B: INSURERC. John P Vico INSURER D. 108 1/2 N Meadow St MEO EAR (AM Vn pwwn) msuRER E: A INSURER P: X Ithaca NY 14850 COVERLACES r.FRTTFICATF NIIMRFR-CL1252 68 6 82 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPEOFMSUPANGE AUDI- u— PDLICY No". pOI1CY EFF aIYYYV PYIXP Ot1CA. LIMITS GENERAL LWNDTY EACH OCCURRENCE 3 1,000,000 PREMISES E.—. S 50,000 X COMMERCNL GENERAL Le94RY MEO EAR (AM Vn pwwn) 3 1,000 A CNIMS —F '5x], OCCUR X 122230 /3/2012 13/2013 PERSONALSADVINJURY $ 1,000,000 T GENERAL AGGREGAM 3 2,000,000 GEN'L AGGREGATE LIMIT APPDES PER PRODUCTS � COMPNP ADD 3 21000,000 S X POLICY PRO LOC ADTOMOMLELABIUTY INEO SINGIE mAn Ee ffiA INIURYIPw panto) $ ANY AUTO INJURYIPneA.1 3 AUL WNEO SCHOEgDLEO AUTOS NON -ONMED HIRED AUTOS p Os RTY ONAAGE w3 3 rR� 8 UMBRELLA WB OCCDRCCURRENCE 3 GATE S EXCESS WB CIAIMS MADE OEO RE 3 S COMPENSATION WORMERS CONPEUBATWN WL STpTU ION - ANDEMPLOYERSWBBnY PROPNIETOWPARTNERrc %ECInIVE YIN EL EACH ACCIDEm S EL DISEASE - EA EMPLOY S OFAOEWMEMOER EXCLUDED% (MRSA.". NH' NUA EL DISEASE - POIICY LIMIT S IUm NNa��' OESCHIPTON OF OPEAp90N5 Eebr certificate e Rol le L isTpN included IAl \cll edit Insured, $cATI H, as r le IgW t Certificate Bolder i ncluded as Additional Insured, ATIAA, as respects general liability arising out of work performed by the Named Insured. CERTIFICATE HOLDER VANI CLLA 1IVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EWIRNDON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ithaca 108 E Green St. Ithaca, NY 14850 AUTxORGED aEPRE3FNTAnvE Ith M Strakhov /BDENMA """'1�� -���j ��✓ ACORD 25 (2010 106) C 1988 -2010 ACORD CORPORATION. All rights reserved. Certificate of Attestation of Exemption From New York State Workers' Compensation and /or Disability Benefits Insurance Coverage *•This form consof be used to waive the workers' compensation rights or obligations of anypariy. +* The applicant may use this Certificate of Attestation of Exemption ONLY to show a government entity that New York State specific workers' compensation and/or disability benefits insurance is not required The applicant may NOT use this form to show another business or that business's insurance carrier that such insurance is not required. Please provide this form to the government entity from which you are requesting a permit, license or contract This Certificate Will not be accepted by government officials one year after the date printed on the form. In the Application of (Legal Entity Name and Address): JOHN P. Wco DRA: M MS MUCK in in N. MEADOW ST. FMACA, NY IJSSa PHONE:W- 151 -37M FEDi: X1O[xX9N5 Business Applying For: Health Permit or Uceme From: TOMPKINS COUNTY DEPARTMENT OF HEALTH The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE SPECIFIC WORKERS' CONTENSATION INSURANCE COVERAGE for the fallowing reason: The business is owned by one individual and is not a corporation. Other than the owner, there am no employees, day labor, leased employees, borrowed employees, Part-time employees, unpaid volunteers (including family members) or subcon sums. Disability Benefits Exemption Statement: The above named business is certifying that it is NOT REQUIRED TO OBTAIN NEW YORK STATE STATUTORY DISABILITY BENEFITS INSURANCE COVERAGE for the following reason: The business MIDST be either. 1) owned by one individual; OR 2) is a partnership (including LLC, LLP, PLLP, RLLP, or LP) under the laws of New York State and is not a cmporation; OR 3) is a one or two person owned corporation, with those individuals owning all of the stock and holding all offices of the corporation (in a two person owned corporation each individual must be an officer and own at least one share of stock); OR 4) is a business with no NYS location. In addition, the business does not require disability benefits coverage at this time since it has not employed one or mom individuals on at least 30 days in any calendar year in New York Sate. (Independent contractors are not considered to be employees under the Disability Benefits Law.) L JOIN P. VICO, am the Sole Proprietor with the above -Boned legal entity. I affirm that due to my position with [be above -maned business 1 have the knowledge, information and authority to make INS Certificate of Avialmiom of Exemption. I hereby affirm that the satements made herein are rive, that 1 have not made any materially false statements and I make this Certificate of Amp moon of E.xemptioo under the penalties of perjury. I further affirm that 1 understand that my false satement representation m concealment will subject mew felary criminal persecution. includingjail and civil liability in mcordance with the Workers' Compensation Law and all other New York Sate laws. By mu mitdng Ws Certificate of Aoeaafion of Exemption a the government entity listed above 1 also hereby affirm that ifoueuvtsances change so does, workers' compensation insurmce and/or disability benefits coverage is required, the above -armed legal entity will immediately acquire appropriate New York Sate specific workers' compensation insurance and/or disability tem fits coverage and also immediately fomish Proof or mat coverage on fours approved by the Chair of the Workers' Compensation Board to the government muty listed above. / SIGN SI stare: Date: 3/16 /i2 HERE g" !!! Exemption CePtiticate Number Received 20E-02T18 MaFh 26, 2012 { i NYS Workellos Compensation Board C 200 LuMs TOMPKINS COUNTY HEALTH DEPARTMENT PERMIT To Operate a Mobile Food Service Establishment This is to certify that -LOH*P YICO the operator of CIRCUS TRUCK �� at THROUGHOUT TOMPKINS CO Located in the COUNTY of TOMPKINS in TOMPKINS Q is granted permission to operate said establishment in compliance with 7 of Subpart 14-4 of the State Sanitary Code and under the following conditions: (1) This permit is granted subject to any and all applicable State, Local and Municipal Laws Ordinances, Codes, Rules and Regulations. (2) Permit valid onty wi Vegan Epicure, 1251; frwnatysbu[g Rd., lthacg, as commissary. /NT O� Effective Date May 02, 2012 L,aMCA oy— Permit is NON - TRANSFERABLE P. oftw This permit expires on March 31, 2013 and may be revoked or suspended for cause. THIS PERMIT SHOULD BE POSTED CONSPICUOUSLY Facility Code 54 -AK32 Permit Number AK32 Operation ID 752380 L/ ST op ITEM /r""S o,cFEQE D r"a S9L� r"VEIR ACaOF CTi Ve p<iCE S) Pp_ ICE Sf1/aDfi�l GiiES Z ?lj o�� 7nx TO �. 33 ref's SAY Z �s rL vS tAK Pia MY If • S 1 `� -ro rAY Foot �,o�vG CoaC� Pc ,os TAY 3.67 'io 4. ► 2 PL&d MY (� R ►cam SAIL DES PwJ TAY a 35 +. 3.0 Pws 1AY g, ) 50 UP o- a3 € n - ° m ro- I t ei S e a _ g o Y ` � 6 8i = xa it 5 a i S PLAN SPECIFICATIONS AND REQUIREMENTS Plan size Floor Plan is on 11" x 17 ". Scale for the floor plan is W = 'h foot Fam_ptmem Most of the equipment on the truck is shown on the floor plan by number. The munbers correspond to the provided equipment list. The reason for this system is because it makes the plan mom organized. Any equipment that is not numbered is clearly labeled on the play Please keep in mind that it is sometimes impossible to find maketmodel numbers on used equipmem. In these cases, a description of the equipment is provided. Ail surfaces that will be in contact with food will be NSF approved or equivalent. Hot Holdine/CoolinetRef ieeration Food will be cooked to proper temperature when it is ordered Until the point it is ordered, it will be kept inside refrigeration units or the freezer. All refrigeration and freezers will be equipped with accurate thermometers which will be monitored regularly. While in refrigeration, food will be checked regularly with an accurate metal probe thermometer to ensure cold holdmg food safety standards are met. For hot holding, a commercial grade countertop steam table will be used All food required to be held at a hot holding temperature will be regularly checked with an accurate metal probe thermometer. Food Preparation Sink There will be one food prep sink located on the truck, primarily for washing vegetables. It is clearly labeled on the floor plan- Hand Washing Side There will be one hand washing sink located on the truck It is NSF approved and has a built in 8" splashguard to prevent cros contamination. Aisle SpogaMmm Sfze As this truck has a width of only 7 feet, it will be necessary to waive the minims® of 36 inches for aisle space. Service Window The truck will need to have an open service window with an awning that is approximately 35 degrees. It will be necessary to waive the requirement to have a closed and/or screened window for service. It is common for food trucks to have an open service awning window to serve food to the public. All surfaces will be wiped down and sanitized very frequently to accommodate this satuation. Areas As this is a mobile vehicle, certain auxiliary areas will be non- existent (ex restmoms, offices, etc.). Entrances are clearly labeled on the Door plan. Chemicals will be safely stored away from the food preparation area in the front of the truck. (Thee is a sliding metal door that separates the front of the truck from the aluminum box). Personal belongings will also be kept in the front of the truck, away from the food preparation area. Source of Water Supply /Sewage Disposal This truck will have Its own fresh water and waste water tanks. It may be necessary to waive the 40 gallon fresb/15% greater waste tank rule. Tanks that are slightly smaller may be enough for the amount of water that will be used. A professional plumber will be installing the plumbing upon construction approval. They will be able to provide a more sophisticated copy of the plumbing plan at this time upon request. As the truck is a mobile vehicle, it cannot be connected to the municipal water supply /sewage system Dirty dishes will be washed in a commissary that is connected to the municipal water supply /sewer system. The water supply on the truck will be rued for hand washing, prep work, and to assist in cleaning surfaces in conjunction with appropriate products. Source of Electric Supply The truck will have 115 V electric service. It will have its own plug for 50 AMP outlet service. During times when electric service is unavailable, the electric supply will come from a super quiet generator located outside of the truck (noise level will not exceed 60 decibels). The truck will have electric service installed by a professional electrician upon approval for construction. Proposed Meru A copy of the proposl tied menu has been enclosed with the plan. Seating Capacity Seating capacity does not apply to the truck. Proiected Daffy Meal Volume Projected daily meal volume is between 100 and 150. Frequency of Food and Food Related Item Deliveries Weekly Hours of Operation Lunch Monday thru Friday from 1030AM to 23OPM. Late Nights Friday and Saturday from IOPM to 3AM WASTE DISPOSAL PLAN A constant effort will be made to be as environmentally friendly as possible. TRASH - Will provide at least one trash can on site at all times (more when necessary). Bagged trash will be disposed of in an approved dumpster with permission. When a dumpster is not available, bagged trash will be kept in covered containers until regular city trash pick -up day (curbside pick -up with city tags). WATER — Will be disposed of at the commissary or another approved location. Please keep in mind that dish washing is being done at an approved commissary. GREASE — Will be put into original oil containers and given to friend to be recycled into fuel. When friend does not need it or cannot pick it up, it will be placed into an approved grease dumpster with permission. RECYCLING — Will be placed in an approved recycling dumpster with permission. When a recycling dumpster is not available, all recyclable items will be kept in a covered container until regular bi- weekly curbside city recycling pick -up. fm5lb)e- LO cal, 6 City Streets and Roads City of Ithaca, N I < L e 54eC C�j 0,10 COA-A�M _S _ _y Fp LOe �l "-t5 '5tr 14 �2a(A '1196) r) .2- t/xdc- 'V& Trig toV}HO Pot)L-p e6 P"" 6v C&f J&V -r ? JrS tW--gF- Ly- �j c4tJ 7TMr Sl*" t-ten LAW of- -r,,,40rc- tvc'tfl�s- vise wS nh '0� Arrv*- Llw, vw 0 0.125 Ot25 015 0.75 � Mle I DOW trial MIA I A w tr: GIs ftI .q "..'W.. M'Q mw yP I f .� ooq` i`e0 poAGTEO CITY OF rMACA 108 East Green Street, Ithaca, New York 14850 -6590 DEPARTMENT OF PUBLIC WORKS William J. Gray, P.E. Superintendent / City Engineer Telephone: 607 /274 -6527 Fax: 607/274 -6587 May5,2011 John P. Vico Circus Truck 108 Y. N. Meadow St. Ithaca, NY 14850 RE: Application for Mobile Truck Vending Dear Mr. Vico: I understand that you submitted your application for mobile vending from a truck for review- The application was not signed and dated by the applicant and did not include a certificate of insurance. It is probably obvious to you that the City's mobile vending program is oriented towards actual cart vending. We are not providing permits and parking rights of the type you appear to be seeking to run what we refer to locally as a "hot truck." We would not issue a permit for this type of vending from a street location. We would expect this type of vending to be done at special events where a street has been closed to traffic and turned over to the event, or from private property where you don't need a permit from my department. The following are answers to questions we typically get related to operating a hot truck in the City of Ithaca: 1. We have two Hot Trucks in town. They are "grandfathered in" because we are no longer granting the kind of rights they have on City streets and have not granted them for more than thirty years. Our mobile vending permits cover a program of carts that are truly mobile. It is my understanding that we are actually required to allow (by permit) mobile cart vending of that kind, just as we are required under the law to allow paper boxes to exist on the street right of way. The dedicated use of public property similar to the hot trucks you are familiar with actually takes that property out of the public domain and creates a taxable use of City property because it is in commercial use to the benefit of a private party. The two existing hot trucks are not in commercial districts like the ones you indicated you wanted to circulate, though You could not get similar rights. 2. Since the City does not grant the type of fixed rights that you envision for a hot truck, you would probably not have any option but to move about. I believe that the mobility that works for an ice cream truck and its discretionary or impulse purchase would not be "An Equal Opportunity Employer with a mmmitment to workforce diversification." John P. Vico Page 2 May 5, 2011 as effective for a food purchase which tends to be more fixed in time and meal oriented. In addition, I expect you would need certain stability so that when someone was hungry at midnight and wanted `that good Mexican food" (pick your specialty), they knew where to go and get it. The only way I can picture this working would be an agreement with a private property owner that allowed you to operate with reasonable certainty out of a fixed location at fixed times; however, in that case you may run into zoning land use issues. I am familiar with these types of trucks visiting construction sites or training sites at meal and break times. The City cannot provide that kind of certainty in the public environment. The closest we come is to have a contract with the Ithaca Farmer's Market for their summer Tuesday and Thursday Markets around Dewitt Park. 3. Late night operations would be a potential problem that could run afoul of the City's noise ordinance as the allowable sound levels drop dramatically at 10 p.m If you were not in a residential neighborhood (near bars in a commercial district), you might not have complaints. These laws still apply to the existing hot trucks, but they have locations that are specialized in the type of residential neighborhoods they serve. I have never heard of a complaint. There may be land use issues I am not aware of if you were in conventional residential districts. Universities have their own special zoning. If you were in commercial zones, I don't believe there would be a zoning issue. 4. Different locations have different approaches to problems and opportunities. You are doing the right thing by doing your research and collecting information to find the issues and trying to resolve them, or reconfigure your program to bypass them I have tried to indicate that there are versions of your proposal that can work. I am not aware of anything like our hot trucks that would work today. It say, you could get a permit from Ithaca College to park on campus near the dorm complex and set up a hot truck on private property, you might have a direct parallel situation. If Cornell would allow it in the parking lots off Jessup Road, you might be able to have a strong parallel. However, neither would probably allow "permanent" sitting or electric service. I hope this helps as you consider your application for mobile vending and your new business venture. Very truly yours, William J. Gray, P.E. Superintendent of Public Works WJG/kdg i-e rn 9. y Holiday Inn — Ithaca Site plan approval Appeal to Board of Public Works June 11, 2012 The proposed site plan for the renovated and expanded Holiday Inn contemplates maintaining the three existing curb cuts on S Cayuga Street. The plan is based on a number of key considerations • Safety and security of pedestrians and hotel guests. • Creating necessary on premise passenger drop off and drive lane infrastructure to handle the significant increase of patrons and vehicles that will be a product of the enlarged and enhanced facilities (see below Schedule 1 for existing and new facilities and capacities). • Safe and convenient main entry door access for conference center patrons and hotel /restaurant patrons. • Maintain the three existing curb cuts on S Cayuga Street (north, middle and south) no additional requests. • Proper site planning that will allow all vehicles to fully enter onto the hotel premises and navigate on premise without continued crossing or interruption of public sidewalks. • Proper streetscape planning for the inevitable vehicular and pedestrian connectivity necessary between the hotel and the parking garage across the street. The attached site plan (Exhibit A) has three requested considerations The primary and critical request is to change the existing north curb cut on S Cayuga Street from one way egress to one way ingress allowing for the construction of a dual lane driveway in front of the conference center. This new driveway will match and merge into the existing driveway at the hotel main entrance. Remove five parking meters on S Cayuga Street. Three meters to be removed on the west side of Cayuga Street between the north and middle curb cuts. One west side meter between the middle and south curb cuts and one east side meter in front of the pedestrian exit door of the garage. Create a mid street pedestrian crossing connecting the front door of the hotel and the pedestrian door of the garage using the area created by removing the last two meters. HI Ithaca BPW appeal6 -11 -12 The proposed curb cut change for the north driveway on S Cayuga Street has been denied. The alternative suggested by City Transportation requires us to close the north curb cut leaving us with only the middle and south curb cuts for all S Cayuga Street vehicular ingress /egress. As a part of this alternative plan the three parking meters between the north and middle curb cuts would be removed to create a short term loading/unloading zone at the street curb in front of the conference center. We have a number of issues with the alternative suggested by Transportation • There is no proximate vehicular or pedestrian access to the main door of the conference center. The walking distance from the S Cayuga curb to the front door of the conference center is about 35 feet with no weather protection. We believe human nature will prevail and most visitors to the conference center arriving by motor vehicle will seek a convenient weather protected drop off zone for their passenger(s). • While the passenger drops off logistics are a legitimate concern, we believe passenger pick up will exacerbate this situation. It is safe to assume when conference center functions end most patrons will leave the facility at the same time. Thus, a large volume of people will simultaneously seek a convenient, safe, well lit, weather protected passenger pick -up zone. The only one available will be the existing hotel front entrance. A large volume of vehicles will look to enter the premises for these pick -ups. We reference Schedule 1 once again to indicate the expected volume. The existing hotel entrance; the doorway, the drop off and pick up zone and the drive lane would be severely compromised if forced to accommodate all of the expected volume of people and vehicles. • We believe the recommended S Cayuga Street curbside zone will be largely ignored for the reasons stated above. However if we are incorrect we have legitimate safety and capacity concerns if the curbside zone proposed by Transportation is used as intended. Exhibit B indicates the vehicle cue for the curbside zone, a total of five vehicles. We believe this cue is inadequate for peak periods of passenger drop off and especially passenger pick up. The cue will likely exceed five cars frequently and stack towards Green Street and obstruct the south driveway of the convenience mart. • We are also concerned by an unsafe on street condition that is likely to develop at the end of conference center functions. Vehicles exiting the parking garage will want to enter the curbside pick up cue across the street. The safe path is a left on S Cayuga and a tour around the block with a series of right hand turns (although encouraging this path violates our agreement with the neighbors to keep the conference center traffic out of the neighborhood and on S Cayuga Street). The more likely scenario is a right turn out of the garage and a mid street U turn into the cue. At peak periods of passenger pick up we see this as an unsafe proposition that we are encouraging. Much of this activity we be conducted late at night making the situation worse. HI Ithaca BPW appeal 611 -12 Our proposed site plan will negate these issues by creating a two lane driveway on premise. Exhibit C shows a longer cue of seven vehicles. In addition the drive lane can be used for quick drop off and pick up overflow. Obviously the drive lane at the street curb zone cannot be used in this manner. The proposed site plan will enhance pedestrian safety as well by eliminating the constant vehicle door openings onto the sidewalk and pedestrian right of way. Vehicles exiting the garage will be able to safely make a right turn onto S Cayuga Street and then a left turn into the conference center driveway. There is approximately 90 feet of S Cayuga Street way between the right turn to the left turn. This program will also keep the conference center traffic out of the neighborhood. A final comment; Exhibit A is a revision from our original submittal wherein we requested an additional (fourth) curb cut on S Cayuga Street creating separate ingress and egress for the conference center and hotel. In the spirit of compromise and recognizing Transportation safety concerns we have abandoned this plan. Also, in Transportation's decision no other meter removals were accepted and the mid street pedestrian crossing location was also not approved. Schedule 1 Facilities size and capacities Existme New Guestrooms 180 195 Restaurant seating 90 100 Meeting rooms square feet 4,000 14,000 Meeting rooms capacity 250 800 Rooftop square feet 0 7,500 Rooftop capacity 0 300 M�� ., -IM NOR y V%/ xAl 3 1 , :.a r� ii ri EN (5/2312012) Kathrin Gehring - Re: more yard waste Page 1 I +evn 9.5 From: Jennifer Dotson To: ellen.mccollister@gmail.com; robmorache @gmail.com CC: BPW @cityofithaca.org; Council @cityofithaca.org; MayorMyrick @cityofithaca... Date: 4/30/2012 9:30 AM Subject: Re: more yard waste Hi, The yard waste group is meeting Monday morning. We welcome your input, particularly about solutions that meet the goals of reduced City subsidy & GHG emissions while still meeting our other community goals. For background, the fee was recommended by the ad hoc committee (after the plastic bag ban & extensive outreach, both of which were done) but never taken up by BPW. Then Carolyn simply included it in the 2012 budget. I am looking for the memo that went out from the ad hoc committee with recommendations. The ad hoc group was already planning to meet this spring after the fee was in effect, to assess how things were going. (!) The group includes Dan Spencer <dspencer @cityofithaca.org >, Adam Michaelides <acm1 @comell.edu >, Thomas Shelley <tjst @comell.edu >, claudia jenkins <suziedl60 @gmail.com >, and Ray Benjamin <RAYB @cityofithaca.org >. I've asked the group to "Bring your best information & ideas for handling yard waste in the City. (Any available updated program costs, particular themes in resident concerns, costs & logistics for alternatives to handle some /all materials, ideas for funds, ideas about WHETHER this should be self - funding or subsidized by taxpayers, etc, etc, etc.)" and I'll ask the same of this larger group, to share with us for Monday's discussion. Jennifer Jennifer Dotson First Ward Alderperson, Green Party Chair, Planning and Economic Development Committee City of Ithaca, NY (607) 351 -5458 jdotson@cityofithaca.org Jenniferpotson.org >>> Ellen McCollister <ellen.mccollister @gmail.com> 04/30/12 09:12 AM >>> All: I don't want to deluge everyone with emails about the yard waste policy, but here's a good point from a constituent about the unintended consequences: (5/23/2012) Kathrin Gehring - Re: more yard waste Page 2 • I just had a lengthy conversation with a customer last week about this. This person is • a renter whose landlord refuses to gather and put out yard waste. She (the • tenant) has always done it before, wanting to keep the yard neat, but now • doesn't feel she should have to pay for it. (Her unit is not the sole one in • the residence.) She suggested that it would be much more fair if any • charge that had to be levied were incorporated into or added to the solid waste • charge, which would then be paid by the property owner. I'm glad this issue is under discussion again, and I hope many of the ideas raised can be explored in refining the policy. The easiest thing to do in the short-run might be to repeal the policy, and then collect yard waste less often (as Jennifer suggested) until a longer -term solution and set of incentives can be crafted. Ellen McCollister, Alderperson City of Ithaca Third Ward emccollister @cityofithaca.org 272 -5936 On Apr 28, 2012, at 2:38 PM, Robert Morache wrote: > I'm one of those guys who rakes up my neighbor's leaves before they bag them. There are many of us who want leaves and many who don't. The City may be able to eliminate a large part of the pickup problem by simply matchmaking the "want's" with the "don't wants ". We've heard of free - cycle... how about leaf- cycle? > Can the City website accommodate this before fall? Website enhancements are cheaper than diesel fuel, and neighbors will have yet one more way to get to know each other. After one year of matchmaking its likely the trading would sustain itself with little effort. We need to facilitate people - connections rather than throwing money at the problem. > Though more complicated than simply trading, Jen's idea of neighborhood compost can work too, if there is a place on each block to gather it all together, and maybe a master composter to manage each location. The only big problem might be wood and limbs, but a few pickups, or seasonal block by block chipping events could deal with that. Woody stuff might also be useful to some as kindling, so it should be listed on some kind of leaf -cycle webpage separate from leaves. I would love to see a system that eliminates the regular pickups, and puts nutrients back into City soils. > > Rob M > On Sat, Apr 28, 2012 at 2:19 PM, Cynthia Brock <cbrock @cityofithaca.org> wrote: > I, for one, would love to see this as an opportunity to promote new "business" for the (5/23/2072) Kathrin Gehring - Re: more yard waste Page 3 industrious person looking for side income. As someone who is too lazy and cheap to go out and buy yard waste bags and tags, I take my leaves, put them in an old trash can, mulch them up with my weed whacker and spread them around like mulch (and now I don't have to buy mulch). I'd love for someone to come in and mulch people's leaves on site. Even I'd pay for for that service! > Cynthia Brock > First Ward Alderperson, City of Ithaca > (607) 398 -0883 > cbrock @cityofithaca.com > On Apr 28, 2012, at 1:28 PM, "Jennifer Dotson" <jdotson @cityofithaca.org> wrote: > > I believe there were regulatory requirements that the City couldn't fulfill with our compost site. Also I believe all of this is going to Cayuga Compost in Trumansburg, so it's either the City or the County trucking it, with no real option to avoid that trip (and its cost to taxpayers). > > There is also the impact of running diesel trucks around the City to do the household pickup. Is that a service we are willing to continue funding (possibly when compared against other services)? > > A piece of the solution that we don't have really solid plans for is enhancement and support for community/neighborhood compost systems and "market ". These have been an ongoing part of the development of changes to the yard waste program, and could include (a) neighborhood compost sites for larger volumes or slow- decaying (woodier) materials, (b) informal trading of bags of yard waste either within or among neighborhoods. > > The Ad Hoc Yard Waste Committee is meeting in the next week or two, and is eager for your thoughts. We would like to bring forward something that is most feasible and effective given all these issues, long and short term, and affecting us individually, in neighborhoods and the City as a whole for financial and GHG budget purposes. > > Jennifer > > Jennifer Dotson >> First Ward Alderperson, Green Party > > Chair, Planning and Economic Development Committee > > City of Ithaca, NY > > (607) 351 -5458 > > jdotson @cityofithaca.org > > Jenniferpotson.org > »» Robert Morache <robmorache @gmail.com> 04/28/12 08:32 AM >>> > > Why on earth did the State close our composting site? Where was it? (5/2312012) Kathrin Gehring - Re: more yard waste Page 4 > > Can the recycling center handle the volume we would bring? Do they make > > compost available to the public? > > It seems that a city like ours should have its own site so we can use the > > compost in our parks and make it available to home owners. If there is free > > finished compost available to city residents, that may take some bite out > > of increased taxes to cover the pickup costs. Can /should we explore getting > > our own compost site again? Could we partner with the recycling center to > > boost their capacity, if need be? > > Though I supported the fee initially, the argument that leaf waste is not > > controlled by the resident is swaying my thinking. The purpose of the trash > > tag (besides funding trash pickup) is to reduce the amount of garbage > > produced by making one's consumption conscious, and also shift the waste > > stream into recycling. There is no way to create the same dynamic with > > leaves, since the resident can't control the wind. I get why people see > > this as fundamentally unfair. > > Rob > > On Fri, Apr 27, 2012 at 6:28 PM, Chris Proulx <cproulx @cityofithaca.org >wrote: >>> I have a couple of questions: > >> 1. Do we know how much estimated impact is in the budget for yard waste: »> revenue and costs? > >> 2. 1 was under the impression that we added the fee because we had real > >> costs to truck the yard waste to Cayuga Compost in Tburg, plus a fee to > >> Cayuga Compost. This was a change after the State closed our own compost > >> site. > >> But it appears the County is collecting both yard waste and food scraps at > >> the Recycling Center for free if residents bring the materials in. > >> Why couldn't we truck the materials to the recycling center instead of > >> Tburg and lower our costs and perhaps return to free pickup? > >> Chris »> On Apr 27, 2012, at 5:42 PM, "J.R. Clairborne" <jclairbo @cityofithaca.org> > >> wrote: (5/23/2072) Kathrin Gehring - Re: more yard waste Page 5 >>> Hello good people, »> Seph, I join Graham and Ellen in thanking you for sharing directly Ms. > >> Cornish's letter. The sentiments expressed by her have been getting louder > >> from people over the past few years, especially after we (Council) required »> bins or paper bags for people gathering their yard waste. While City > >> residents I've heard from understand the City is under financial duress, > >> the new fee has simply ticked some folks off. Their comments get more > >> agitated when they talk about either the leaves from the City - planted tree > >> or having to deal with the leaves from neighbors' trees. Ms. Cornish's > >> letter is very gracious in her complaint. > >> I support and add my voice to the comments of Seph, Graham, and Ellen > » regarding the need to find a new solution and not frustrate our taxpayers > >> more regarding this topic. Over the last few years, there were folks who > >> wanted to set up an exchange and pick up of paper yard -waste bags for the > >> compostible materials that would be gathered. Those seeking the exchange > >> planned to use the materials gathered for their own composting purposes. > >> Maybe this is a starting place to finding a solution to using City > >> resources to pick up yard waste, or it can at least help propel the »> conversation. »> Take care all, > >> J.R. »> J. R. Clairbome > »2nd Ward Alderman »> Chair, City Administrative Committee > >> City of Ithaca Common Council »> 108 E. Green St. > >> Ithaca, New York 14850 > >> 607.272.4905 • jclairbo @cityofithaca.org • www.cityofiithaca.org > >> *The Second Ward is Powered by the People! > » »> Ellen McCollister <ellen.mccollister @gmail.com> 4/26/2012 12:59 PM >>> > >> Seph, > >> Thank you for sharing this email. At the risk of getting on my soap box, > » here I go... > >> As I've mentioned to many of you, the sentiment of many residents of the > » Third Ward and elsewhere is that the new yard waste policy is unfair to (5/23/2012) Kathrin Gehring - Re: more yard waste Page 6 > >> people of lower incomes, has unintended negative consequences, and is > >> another way in which the City negatively differentiates itself from the > >> Town. We nickel and dime our residents to death while residents elsewhere > >> in the County can count on having their tax dollars go for basic services. > >> Besides the street tree issue and who should be responsible for those > >> leaves, we've already seen illegal dumping the gorges, or no raking at all, > >> which means that the City has more detritus headed for the storm sewers. > >> It's hard enough to get landlords throughout the City to maintain the > >> exterior of their properties. Now we've given them another reason not to > >> take care of their yards. Most City lots are small and have very limited > >> space to compost the leaves from the numerous trees (which, presumably, we > >> want to continue to see planted, even though they get torn up every weekend »> during Collegetown partying.) > >> After the extensive damage to trees and shrubs during the heavy, wet snow > >> of a few days ago, many residents had a massive clean -up to do and nowhere > >> to put it, through no fault of their own. And now we expect them to pay > >> for removal? »> I am a firm believer in composting and encouraging residents to do it when »> they can. But let's be reasonable about it. We've all heard complaints. > >> At the very least, we need to revisit this issue. »> Ellen McCollister, Alderperson »> City of Ithaca Third Ward > >> emccollister @cityofithaca.org > >> 607.272.5936 > >> On Apr 26, 2012, at 11:18 AM, Joseph Murtagh wrote: >>> Hi all, > >> I wanted to share a letter I received (see attached) from Louise Cornish > >> (the mother of our very own JoAnn Cornish) who wrote to me as her city >>> representative concerning the issue of yard waste. I've had a lot of > >> complaints about the new city yard waste fees from constituents, but this > >> one stood out, one, because it's rare that I receive snail mail from > >> constituents, and two, because it encapsulates so much of what residents > >> feel is unfair about these new fees. > >> At any rate, I promised her I would share her concerns with the Mayor, the > >> BPW, and Council. I've heard a ton of complaints about this new policy from > >> residents, and I'm hoping that we might jumpstart (or revive, as the case (S/23/2012) Kathrin Gehring - Re: more yard waste Page 7 > >> may be) a conversation about charging residents for the removal of yard > >> waste. From brief conversations from the Mayor, I understand that there is > >> a desire to find a solution to this problem - not sure exactly what form > >> that might take, but I was glad to hear that there is interest in it. > >> Thanks, > >> Seph »> Joseph Murtagh, Alderperson »> City of Ithaca, Second Ward > >> 585- 703 -2582 > >> jmurtagh @cityofithaca.org >>> <Yard Waste Letter.tif> P •...III' :., CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 COMMON COUNCIL counN(a)dtyofithaca.org 607/274 -6570 H-Cm9. (0 TO: Board of Public Works FROM: Jennifer Dotson, Chair, Planning and Economic Development Committee of Common Council DATE: June 5, 2012 RE: Parking Management System Changes and Proposed New Staff Position In 2010, Mayor Carolyn Peterson charged an Ad Hoc Parking Group to assess and suggest improvements to the City's parking management system. This committee was a direct outgrowth of the merging in late 2009 of two existing different inter - departmental groups, one focused on parking operations, and the other on parking policy. This Ad Hoc Parking Group has been convened by Chamberlain Deb Parsons, with my support, and also included Bill Gray, Tim Logue, Gary Ferguson, Steve Thayer, Jennifer Kumnir, JoAnn Cornish, John Norman, Julie Holcomb, Nels Bohn, Ray Benjamin, Rick Searles, Svante Myrick, and Cynthia Brock. In short, the consensus of the Ad Hoc Parking Group has been that the City's current approach to managing parking (particularly off and on street City- owned, but also privately owned, through zoning and other tools) does not effectively serve our goals, and requires significant changes. This Ad Hoc Parking Group, over the past two years, has developed drafts of a few different approaches to improving the system. In 2008, Tim Logue and Kent Johnson in the Engineering Department developed a draft City of Ithaca Transportation Plan as a start at a coordinated approach to transportation policy issues (including parking among many other specific topics). This document (and others, including a draft checklist for its implementation by staff and boards) is useful for coordinating policy setting, but did not directly address operational changes that the Ad Hoc Parking Group felt were urgent to address consistent financial losses from the management of City-owned parking, both in garages and on- street. A subgroup of the Ad Hoc Parking Committee (again led by Deb Parsons, with myself, Steve Thayer, Tim Logue, and Bill Gray) developed several documents focused particularly on management of off and on street City-owned parking, and these have led to the Analysis of Various Parking Management Scenarios for the City of Ithaca that is attached here. The subgroup focused on three types of issues in this analysis: interest in stemming significant financial losses from City-owned parking, problems with coordination of parking - related operations spread among 5 different City departments (and the first priority of none), and problems with cohesively progressing parking related projects (e.g., issues with public and private parking demand and supply in the West End, customer service /cleanliness improvements in the Seneca Street garage, among others). After considering privatization of City garages, creation of a new Parking Business Manager position (and associated restructuring of other job titles into a new Division of Parking within the Department of Public Works), restructuring of the current shared man agement system, and a "null option" of continuing the status quo, the Ad Hoc Parking Group reached a strong consensus that the creation of a Division of Parking (including a new Parking Business Manager position and associated reorganization of other parking - related positions) is the best way to reduce the City's financial losses in this area, while also creating capacity to efficiently realize other City goats related to parking. "An Equal OpWouniry Employerw dt a commitment w worldorce divmirim ion." Parking Management in the City of Ithaca The Business Case In 2011, the City of Ithaca parking system (including all parking garages and meters) generated over $2 million in revenue, with greater expenses. Parking is a business in the City. We manage it as infrastructure. At least four departments are regularly involved in the management of parking leading to duplication of effort and no clear path to reach desired outcomes. Each involved department approaches parking from a different perspective, with different goals: those that maintain the parking meters aim for consistency in pricing across the City for efficiency's sake, while other departments explore and advocate for dynamic pricing; a payment to a vendor was withheld by the Chamberlain's office for perceived poor performance after another department had negotiated a resolution; an agreement to provide the Hilton Hotel patrons with parking paid by the Hotel, without careful consideration of the operational issues, has caused problems of putting the agreement into action for the City and for the Hotel. There is a disconnect between construction and operational issues, such as the City's ongoing management of the trash receptacles under the Green Street garage, taken over during the reconstruction but never transferred to private management as was originally intended, or the failure to fix the cable barriers in Green Street garage, a product of poor design during construction but an operational headache now. Parking is a field of expertise. Managing parking as infrastructure ignores issues of pricing, promotion, and the relationship of on -street to off-street parking. The office that is most concerned with revenue control doesn't supervise those that collect the money, and since appropriate revenue control often conflicts with operational ease, enforcement of the controls is problematic. The police department enforces parking regulations, but often enforcement doesn't follow parking policy, such as 24 hour enforcement of the Green Street surface lot. The Ad -Hoc Parking Committee believes the City needs to improve the way it manages parking, to maximize revenues and farther the City's transportation and land -use goals. The Options Status Quo- make some variation of the Ad Hoc Committee made permanent Mayor Peterson appointed an Ad Hoc Parking Committee in 2010. As has been previously reported, the committee looked at developing a parking mission statement, developed a checklist to use when making changes to parking regulations or rates, and researched and reviewed methods of parking management. The committee expects it will continue, at least until or unless another method of parking management is put in place. PROS • No increase to current cost of operations, other than the time cost of meeting • Path of least resistance • Avoids the uncertainty of change CONS • Parking remains the "eighth priority" for the five departments most involved in parking operations (Public Works, Planning, Controller, Chamberlain, and Police) • No additional revenues (the City can change rates or hours of operation, but no one is fully responsible for understanding the business dynamics of parking) • Continued loss of revenues due to outdated or broken hardware • No improvements to the City's interface with the parking public (customer service, appearance, etc.) • Continued deferment of routine maintenance (sweeping, washing, etc.) • Duplication of effort, such as the work of DPW installing pay stations as Planning investigates their use • Work at cross purposes, such as the recent efforts to manage the Ber- National contract • No one management level person to make and implement decisions, such as expanding enforcement of Green Street surface lot City contracts for private management of parking operations The committee asked All -Pro Parking, the operator of the Cayuga Garage, to provide the committee with a draft proposal for management of the City's parking garages and parking meters. We asked them to show us what the City might expect to spend and to realize in revenues if we contracted with an outside firm to manage our parking resources. All -Pro provided three different scenarios to manage parking garages; management using current City stag management using All -Pro staff, and management as an agent of the City, which allows us to keep off-street parking sales tax exempt but requires that the City to grant the operator authority to legally commit the credit of the City in order to make exempt purchases on the City's behalf. They did provide an estimated monthly fee to manage parking meters, although the document did not detail what the fee would cover. In all three cases, they estimated an increase in revenues of 8 %, or approximately $95,000 per year using 2010 revenues. Using City staff, they estimated a decrease in annual garage losses of $22,000. Using All -Pro staff the decrease in annual losses was $122,000, and using All -Pro staff, operating as an agent of the City, the estimated decrease in losses was $183,000, the difference being the projected avoided sales -tax on revenues when All -Pro is acting as an agent of the City. All -Pro estimates non- supervisory salaries at half the City's actual, and health insurance at a tenth of the City's apportioned cost. Supervisory salaries are estimated at about one -third more than the City attributes to the parking garages. Management fees ranged from about $45,000 per year to $80,000. PROS CONS • Hiring expertise, with prior training and track record; "professionals" in the parking business • Depending on construct, may be outside of City benefit and wage constraints, retirement liabilities • Parking doesn't end up sacrificed as the lowest priority in multiple departments' work schedule and budget • Framework for promotion of parking already in place • Framework for customer service training already in place • If All -Pro is chosen from RFP or bid documents, may see financial efficiencies for all garages • Professionals may have more credibility when recommending changes to pricing, hours, etc. • More clout with hardware vendors • Cost. Expenses at Cayuga Garage are proportionally more • Since much of the savings is the cost of health insurance, effect of Health Care Reform Act on future expenses unknown • Reluctance to privatize, process of transferring management of City personnel to private company, or negotiation to privatize • Still need someone to manage contract, audit operations City contracts with consultant to train our staff to manage garages All -Pro also drafted a proposal to provide City staff with training to better manage its off-street parking assets. For about $80,000, they would provide 40 hours of on -site consulting per month for the first year, and 10 hours per month for year two and year three. They would assess the City's current status, recommend improvements and train City staff in relation to general operations, financial and administrative considerations, marketing, human resources, repair and maintenance, and long -term planning. PROS • Hiring expertise, with prior training and track record; `professionals" in the parking business • Train City staff to perpetuate improvements • Framework for promotion of parking already in place • Framework for customer service training already in place • More clout with hardware vendors • Similar opportunity of increased revenues to other provided scenarios CONS • Short-term cost, without major changes to City staffing structure. Easy to change direction • Cost • Parking still ends up sacrificed as the lowest priority in multiple departments' work schedule and budget • Serving in advisory capacity. In order to get maximum benefit, City personnel must act on and retain training; buy -in • Consultant would be training us to be their competitors in parking management Create Division of Parking in DPW; hire a Director of Parking Under this option, existing City staff including those in the garages, parking meter maintenance staff; and enforcement personnel would be consolidated into one division, under the supervision of anew Director of Parking or Assistant Superintendent. The intent would be to hire a parking professional to manage on and off street parking. PROS • Four departments reduce their time commitment to parking, freeing time for other activities and to strengthen their roll as advisors to as opposed to participant in parking management • Manage regular maintenance schedule • Manage vendor contracts related to parking garages and lots • Manage parking attendants • Manage on- street parking systems and enforcement, to align goals • Greater focus on appearance of garages, booths and grounds • More efficient management of garages could produce more revenues; using All -Pro's numbers, $95,000 in garage revenues, $57,000 in meter revenues • Hiring expertise; manage parking as a business • May be able to avoid ongoing consultant expenses, such as the City's current Rich and Associates $50,000 contract CONS • Cost of additional staff — Assistant Superintendent or step below • Possible need for support staff • Additional budget lines for office expenses, contracts, etc. • Office space — City Hall, a garage • Enlarging government- long term impact on retirement, insurance liabilities • Success depends on finding good applicants; making good candidate choice The Committee's recommendation The committee recommends the creation of a Division of Parking within the Department of Public Works, to be hired for a conditional period. If, as we believe, the reorganization and change to management improves revenues to the extent the committee believes is possible, the position will pay for itself. If it does not, we can revert to the current organizational structure, with the exception that enforcement personnel would remain within Public Works, and re- evaluate our options at that time. Hiring a parking director will solve many of our ongoing issues. It will make parking the I' priority of a manager level position. We can hire expertise in the business of parking. By consolidating parking operations within one division, it allows us to align goals and expected outcomes by using resources in one department. We can expect improvement in the public face of our parking, so that customer service becomes a priority. We expect an increase in revenues. And the Superintendent will be supervising a City employee, with easier recourse if performance does not meet expectations. The financial implications of this move are exnmttrt m hr .v,sitive a, the Cit B as � ,. feedback from a private sector parking management company it is expected that the City could increase revenues from its parking structures on the order of $100,000 per year . With additional focus on the on- street parking systems (meters and soom pay stations) it is expected that an additional $60.000 approximately, could be raised Lastly, the City does spend money on consultants and parking studies: most of these are capital expenses so the annualized cost of this work is probably not more than a few thousand dollars per Year. On the cost side, it is expected than a Director of Parking type title would command a salary in the $60,000 to $80.000 range Benefit packages for such an emolovee would cost about an additional 40% There would also be a normal. additional office cost, say $2,000 per year . Lastly. because the City wants this person to stay on top of current technologies and management practices, it would be very wise to allow for a travel/training budget at least for the first few years, on the order of $4,000 per year. There may be some one -time costs to furnish an office space or for reorganizing existing work areas as other working groups (namely, garage attendants and Community Service Officers) are moved around With these expected costs and benefits, it is expected that the City of Ithaca would see an annual net positive revenue of approximately $59,000. This is shown below. Cost T e Cost Benefit Type 1 Benefit Pa-r-k-ing Director S 70 000 Additional Garage Revenue 1$100.000 Benefits 28 000 Add'l On- street Revenue 60 000 Office & IEOWag Capitalized studies forgone $1000 TOTAL 104 000 1 1 TOTAL 110 000 Next steps If the Board and Common Council agree, we will need to: • Assign a staff person to "own' the process of setting up this department • Write job specs and set a salary • Determine an organizational structure • Determine which employees would be moved to the new division • Determine which job duties within other departments will be transferred to the new division • Complete the hiring process