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Home My WebLink About12-08-14 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, December 8, 2014, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda (Items 1 -5: 15 min.) 2. Mayor's Communications 3. Communications and Hearings from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit 8.2 Highways, Streets and Sidewalks 8.3 Parking and Traffic A. 2015 Parking Rates — Resolution 8.4 Creeks, Bridges and Parks 8.5 Water and Sewer A. Approval of the Intermunicipal Water Services Exchange Agreement - Resolution B. Approval of Stormwater User Fee Credits for Stormwater Utility Law C. 2015 Water and Sewer Rates — Resolution 9. DISCUSSION ITEMS 9.1 Requests for Proposals for the Purchase of Parking Pay Stations 9.2 Request for Encroachment Agreement/License at 171 East State Street — Proposed Resolution 10. New Business 11. Adiournment The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the meeting. Notes for BPW Agenda. December 8. 2014 8.3A 2015 Parking Rates — Resolution The budget has been approved for 2015 by Common Council. It is now time to make any rate changes necessary for 2015. First up are the Parking Rates. 8.5A Approval of the Intermunicipal Water Services Exchange Agreement — Resolution This agreement was approved at Bolton Point on the 13th of November following the Board of Public Works' review on August 18, 2014. A resolution is required to authorize the Mayor's signature and execution of the agreement. 8.51B Approval of Stormwater User Fee Credits for Stormwater Utility Law — Resolution The resolution and credit application have been updated according to the Board's discussion on November 24, 2014. 8.5C 2015 Water and Sewer Rates — Resolution The next rate change the Board needs to consider is water and sewer rates. 9.1 Requests for Proposals for the Purchase of Parkina Pay Stations Frank Nagy has received proposals from several companies for the purchase and maintenance of parking pay stations. He will provide a memo of recommendation, bid tabulation and proposed resolution for the meeting. 9.2 Request for Encroachment Agreement/License at 171 East State Street — Proposed Resolution Scott Dolphin, on behalf of TTH Associates, LLC, owner of 171 East State Street, is requesting an encroachment to install a larger sign for Center Ithaca. Skip Schell, Code Inspector, has provided information regarding the sign request and requirements. Assistant City Attorney Krin Flaherty has provided a proposed resolution for the Board's review. K.athd refiring, Exec. Asst. for Mehnelj. Thorne, P.E. su.Per,w"tendent of PubUo WoV42s Dec tuber 3, 2014 Page 2 8.3A 2015 Parking Rates — Resolution WHEREAS, the Board of Public Works has considered the proposed 2015 rates for municipal parking facilities in order to meet the adopted 2015 budget revenue projection, and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2015, and RESOLVED, That the Board of Public Works hereby adopts the proposed 2015 parking rates as follows in the attached table; and, be it further, RESOLVED, That the Board of Public Works will revisit the parking rates no later than its final July meeting in 2015; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2015, and shall remain until the Board of Public Works directs otherwise. Monthly Permits Actual 2014 Rates Effective 1/1/14 Proposed 2015 Rates Effective 1/1/15 Amount Changed Seneca Garage, Day and Night All Levels, Full Access $79.50 /mo $81.89/mo 3% increase All Levels, Full Access (24/7) $90.00 /mo $92.70/mo 3% increase 1.58% increase Contract with Hotel $52.00 /mo $53.56/mo 3% increase No Change Contract with Cascadilla Plaza, LLC $90.00 /mo $92.70/mo 3% increase No Change Worker's Special (M -F /10 hrs /day, 210 hrs /mo ) $76.00 /mo $76.00 /mo No Change No change Part time Special (24/7, 105 hrs/mo) $65.00 /mo $65.00 /mo No Change No Change Overnight Only Special (5pm -8am) $45.00 /mo $45.00 /mo No Change Primo Part time Special (24/7, 68 hrs /mo) $41.00 /mo I $41.00 /mo No Change Green Street Garage, Day and Night All Levels, including long-term storage All Levels, Full Access $79.50 /mo $81.89/mo 3% increase Contract with Cornell Contract with Ciminelli $54.00 $54.85/ mo 1.58% increase Contract with County (Library) Worker's Special (M -F /10 hrs /day, 210 hrs/mo ) $67.50/ mo $67.50/mo No Change Premium Area Rates Part time Special 24/7, 105 hrs /mo) $58.00/ mo $58.00 /mo No Change Overnight Only Special 5 m -8am) $40.00/ mo $40.00 /mo No change Primo Part time Special (24/7, 68 hrs /mo) $37.00/ mo I $37.00 /mo No Change Cayuga Street Garage, Day and Night (before sales tax) All Levels, including long-term storage $63.00 /mo $65.00 /mo 3% increase Contract with Cornell $48.00 /mo $52.53/mo 1.58% increase Contract with County (Library) $60.48/ mo $65.00/ mo 100% of market Premium Area Rates $116.00 /mo $119.00 /mo 3% increase Page 3 Dryden Road Garage Actual Proposed Amount Changed Seneca, Green, Cayuga Street Garages Contract with Count (DSS) I $48.00 /mo 1 $ No Change Effective Effective Amount Weekly Rates until July 1, 111115 Changed Seneca Garage, Day and Night $22.75 2015,then 3% Increase Green Street Garage, Day and Night $22.75 $23.43 increase 3% Dryden Road Garage, 24 Hours $35.75 $36.82 3% Increase with new school $15 /day Full Access (24/7) $150.00 /mo $150.00 /mo year to $154.50 Discounted Hourly (250 hours) $120.00 /mo $120.00 /mo No change $26.00/ 40 hours Worker's Special (M -F /10 hrs /day, Discontinue 210 hrs/mo $125.00 /mo Downtown garages $5 Part time Special (24/7, 105 hrs /mo) 68.00 /mo $68.00 /mo No Change Overnight Only Special (M- F /6pm -9am/ Parking Meters and Pay and Display No Change $2.00/hour No max. Free Weekends) 125.00/mo $125.00 /mo Primo Part time Special (24/7, No Change 68 hrs /mo) $45.00 /mo $45.00 /mo Other Non Meter Permit Parking Actual Proposed Amount Changed Seneca, Green, Cayuga Street Garages Contract with Count (DSS) I $48.00 /mo 1 $ 1 2% increase Hourly Rates Actual Proposed Amount Changed Seneca, Green, Cayuga Street Garages 2014 Rates 2015 Rates Per hour $1 /hour Effective Effective Amount Weekly Rates 1/1/14 111115 Changed Seneca Garage, Day and Night $22.75 $23.43 3% Increase Green Street Garage, Day and Night $22.75 $23.43 3% Increase Dryden Road Garage, 24 Hours $35.75 $36.82 3% Increase Hourly Rates Actual 2014 Rates Effective 1/1/14 Proposed 2015 Rates Effective 1/1/15 Amount Changed Seneca, Green, Cayuga Street Garages Per hour $1 /hour $1/hour No Change Maximum $7/day $7/day No Change Dryden Road Garage 0-24 $1 /hour $1 /hour No Change Maximum $15 /day $15 /day No Change Bulk Purchase: Garage Tokens or Tracer Tickets $26.00/ 40 hours $26.00/ 40 hours No Change S ecial Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No change Parking Meters and Pay and Display Surface Lot: Green Street Garage? $2.00/hour No max. $2.00/hour No max. No change Page 4 Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2014, based on August 2013 CPI. The percentage change in the CPI from August 2013 to August 2014 was 1.33 %. 3 — The County's Mental Health /Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2015 is 100% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot ") expires December 31, 2016. 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. 8 — Rates include sales tax, which must be collected at the Cayuga Garage as it is not owned and operated by the municipality. In 2014, $48.00 without tax equates to $51.84 with tax. In 2015, $48.64 without tax equates to $52.53 with tax. Page 5 Actual Proposed 2014 Rates 2015 Rates Effective Effective Amount Hourly Rates 1 /1 /14 111115 Changed Downtown (begin As Pay Machines are $1.00/hr $1.50/hr installed) 2 hr. max. 2 hr. max. $.50/hr increase Collegetown (begins as pay machines are $1.00/hr $1.50/hr Installed) 2 hr. max. 2 hr. max. $.50/hr increase Thurston & Stewart Ave. & Edgemoor $0.50/hr $0.75/hr (begins as pay machines are installed 9 hr. max. 9 hr. max. $.25/hr increase Foot Notes 1 — Volume discount rate for 104 spaces — see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 — Up to 40 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 100 permits in Green Street Garage, up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates — see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, "from time to time" based on percentage change in the CPI between adjustment dates. The rate was last changed on January 1, 2014, based on August 2013 CPI. The percentage change in the CPI from August 2013 to August 2014 was 1.33 %. 3 — The County's Mental Health /Library agreement for 100 spaces in Green Street Garage (and/or Lot D) has expired. The Board of Public Works agreed to transition the rate charged to County employees to the full market rate over a period of five years. The rate for 2015 is 100% of the market rate. County's DSS agreement for 20 spaces on West State Street (in "Fire Station lot ") expires December 31, 2016. 4 — The Dryden Road garage permits for only day use or only night use were discontinued in 2011, and replaced with a monthly permit valid for up to 250 hours of parking. 5 — Fees charged: Downtown garages, 3:00 a.m. to 8:00 p.m., Monday through Friday: Dryden Road garage and Green Street Surface Lot, 24 hours / 7 days. 6 — The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88 percent of posted rates for the accumulated parking fees. 7 — In 2011, the pay station for the Green Street Surface Lot was put on line, and the hourly rate increased to $2 per hour. 8 — Rates include sales tax, which must be collected at the Cayuga Garage as it is not owned and operated by the municipality. In 2014, $48.00 without tax equates to $51.84 with tax. In 2015, $48.64 without tax equates to $52.53 with tax. Page 5 8.5A Approval of the Amended Intermunicipal Water Services Exchange Agreement -- Resolution WHEREAS, the City and the Town have entered into a binding agreement, dated January 9, 1978 (the 1978 Agreement "), relative to certain interchange of water services, and WHEREAS, the Town required certain remuneration with regard to the Coddington Road Water District at the time of the 1978 Agreement, and WHEREAS, SCLIWC is now the producer of water supplied by the Town to the City under the 1978 Agreement, and WHEREAS, the City and Town wish to update the 1978 Agreement so as to incorporate SCLIWC as a party thereto (now to be the "Amended Intermunicipal Water Services Exchange Agreement "), and WHEREAS, reconciliation of exchanged water services has not occurred in recent memory, and WHEREAS, based on initial efforts to collect and share data, it is believed that the amount of water supplied by the City to the Town under the 1978 Agreement from January 1978 to November 2011 is similar to the amount supplied by the Town to the City during that period, and WHEREAS, ascertaining the exact amounts of water supplied in previous periods by the City and the Town would be extremely difficult, and WHEREAS, the parties hereto desire to set forth the rights, obligations, remuneration, procedures, and duties to hereafter be binding upon and among the parties hereto, and WHEREAS, General Municipal Law Article 5 -G, Section 119 -0, in addition to any other general or special powers vested in municipal corporations and districts for the performance of their respective functions, powers or duties on an individual, cooperative, joint or contract basis, authorizes municipalities to enter into, amend, cancel and terminate agreements for the performance among themselves of their respective functions, powers and duties on a cooperative or contract basis, or for the provision of a joint service, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby approves the Amended Intermunicipal Water Services Exchange Agreement and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the Superintendent of Public Works be and hereby is authorized to administer the same. Page 6 Amended Intermunicipal Water Services Exchange Agreement MADE this 18th day of November, 2014 Among The City of Ithaca, a municipal Corporation with offices at 108 East Green Street, Ithaca, New York, hereinafter called the "City", Southern Cayuga Lake Intermunicipal Water Commission with offices at 1402 East Shore Drive, Ithaca, New York, hereinafter called "SCLIWC ", and The Town of Ithaca, a municipal corporation with offices at 215 North Tioga Street, Ithaca, New York, hereinafter called the "Town ". WITNESSETH: Whereas, the City and the Town have entered into a binding agreement, dated January 9, 1978 (the "1978 Agreement "), relative to certain interchange of water services, and Whereas, the Town required certain remuneration with regard to the Coddington Road Water District at the time of the 1978 Agreement, and Whereas, SCLIWC is now the producer of water supplied by the Town to the City under the 1978 Agreement, and Whereas, the City and Town wish to update the 1978 Agreement so as to incorporate SCLIWC as a party thereto (now to be the "Amended Intermunicipal Water Services Exchange Agreement "), and Whereas, the most current list of City customers receiving SCLIWC water via the Town water distribution system, and the most current list of Town customers receiving City water, excepting those along Taughannock Boulevard, are included in this Amended Intermunicipal Water Services Exchange Agreement as Appendix A and are shown in Appendix B as a GIS key map and service area mapping, and Whereas, Town customers along Taughannock Boulevard receive City water via a master meter by which the City bills the Town for water for these customers, and Whereas, the parties to this Amended Intermunicipal Water Services Exchange Agreement understand that the identified service addresses and accounts in Appendix A as well as remuneration rates might change from time to time, and and Whereas, reconciliation of exchanged water services has not occurred in recent memory, Whereas, based on initial efforts to collect and share data, it is believed that the amount of water supplied by the City to the Town under the 1978 Agreement from January 1978 to November 2011 is similar to the amount supplied by the Town to the City during that period, and Whereas, ascertaining the exact amounts of water supplied in previous periods by the City and the Town would be extremely difficult, and Whereas, the parties hereto desire to set forth the rights, obligations, remuneration, procedures, and duties to hereafter be binding upon and among the parties hereto, and Whereas, General Municipal Law Article 5 -G, Section 119 -0, in addition to any other general or special powers vested in municipal corporations and districts for the performance of their respective functions, powers or duties on an individual, cooperative, joint or contract basis, authorizes municipalities to enter into, amend, cancel and terminate agreements for the performance among themselves of their respective functions, powers and duties on a cooperative or contract basis, or for the provision of a joint service; NOW, in consideration of the mutual covenants and provisions contained herein, it is hereby agreed as follows: A. Interconnection of Supply: SCLIWC and City 1. There has been a long history of cooperation and support in water supply between SCLIWC and the City since the start up of SCLIWC in 1976. This agreement should facilitate that cooperation. 2. The direct interconnection between supplies now occurs in the Interconnection Building (new 2014) located on Water Street, adjacent to the City's Water Treatment Plant. This building now allows connections between SCLIWC's transmission main and several different City pressure zones, and metering of flows in both directions. It is expected to serve as the exchange point for most emergency or planned exchanges which are general in nature and not designed to serve a specific area over a long period such as those covered elsewhere in this agreement. 3. Emergency Operations: Both systems shall coordinate operations and cooperate as outlined in their Emergency Response Plans, filed with the New York State Department of Health. Both systems, in coordination with the Cornell Water Plant, shall strive to keep all parties informed and to limit the impacts as much as possible. 4. Planned Operations: In many cases, planned operations can provide the opportunity to operate systems in an emergency configuration but not under emergency conditions. Adequate notice, and planning can reduce impacts of maintenance or system improvement operations as well as provide training for emergencies. B. Mains and Technical Procedures Pertaining to the Town and City Water Systems. 1. The Town has closed and will leave closed a valve or valves in Lake Street so that the water main existing in Rosemary Lane and connecting into the City on Lake Street has been isolated from the Town's system and remains a portion of the City system. 2. The water main in James L. Gibbs Drive has been and shall remain isolated from the Town water system in such a way that the property known as the City of Ithaca Youth Bureau, 1 James L. Gibbs Drive, receives water service from the City. The parties have heretofore installed valves acceptable to both parties isolating the City system from the Town system in a manner mutually satisfactory. C. Interchange of Service — Town and City Distribution Systems 1. City properties being served by Town water are identified in Appendix A, Section 1. 2. Town properties served by City water, excluding those properties along Taughannock Boulevard, are identified in Appendix A, Section 2. 3. The City recognizes Town ownership of the twelve inch main in Pearsall Place. The Town may, at its option, reconnect this main and use it to serve Town residents on Pearsall Place. The Town agrees that the City, at its option, may serve any of the addresses or locations mentioned in Appendix A, Section 1 of this Amended Intermunicipal Water Services Exchange Agreement, The City agrees that the Town, at its option, may serve any of the addresses or locations mentioned in Appendix A, Section 2 of this Amended Intermunicipal Water Services Exchange Agreement and the Town properties along Taughannock Boulevard. In the event that either system elects to exercise an option under this paragraph, and in the absence of any other mutually agreeable arrangement, the system exercising the option will be responsible for valving or stubbing at the "T" on the other system's main. 4. City residents served with Town water will be billed by the City and the City will be responsible for their service from the corporation -cock at the Town main. 5. Town customers served with City water will be billed by the Town and the Town will be responsible for their service from the corporation -cock at the City main. 6. Prior to February 1 of each year, the City and Town will reconcile the water exchanged under this Amended Intermunicipal Water Services Exchange Agreement during the preceding year. The party using the greater amount of water shall pay the other party for the difference in water exchanged. Water supplied by the City to Town customers shall be charged at the City retail water rate in effect during the year the invoice is prepared. Water supplied by the Town to City customers shall be charged at the SCLIWC water rate plus the Town water surcharge rate in effect during the year the invoice is prepared. For the purposes of this agreement, annual consumption shall consist of the four quarters billed in that year, even though it may contain water consumed in another calendar year. This paragraph shall be retroactive to November, 2011, the time that Town of Ithaca East Shore customers were returned to SCLIWC water. The City shall pay the Town for the difference of water used by City customers in Section 1 of Appendix A and water used by Town customers in Section 2 of Appendix A, from November 2011 until the effective date of this Amended Intermunicipal Water Services Exchange Agreement, such payment to be made within 90 days of the effective date of this Agreement. The Town and SCLIWC rates in effect on the effective date of this Amended Intermunicipal Water Services Exchange Agreement shall apply. The water balance for the period November 1, 2011, to December 31, 2013, is contained in Appendix C. The calculated payment due may be adjusted in accord with this paragraph, if required. If the amount of water from the Town and SCLIWC used by the City exceeds the amount of water from the City used by the Town, the Town shall pay SCLIWC, at the SCLIWC rate in effect during the year the invoice was prepared, for the difference in water supplied to customers in Appendix A, Section 1 and water supplied to customers in Appendix A, Section 2. Such payment shall be made by April 1 of the year following the supply period. The Town shall pay SCLIWC for the difference in water used by City customers in Appendix A, Section 1 and water used by Town customers in Appendix A, Section 2A from November 2011 until the effective date of this Agreement, within 90 days of the effective date of this Amended Intermunicipal Water Services Exchange Agreement. The SCLIWC rate in effect on the effective date of this Amended Intermunicipal Water Services Exchange Agreement shall apply. If the amount of water from the City used by the Town exceeds the amount of water from the Town used by the City, SCLIWC shall pay the Town, at the SCLIWC rate in effect during the year the invoice was prepared, for the difference in water supplied to customers in Appendix A, Section 2 and water supplied to customers in Appendix A, Section 1. Such payment shall be made by April 1 of the year following the supply period. The Town shall have the authority to install master meters in water main connections supplying groups of City customers for the purpose of determining consumption for billing to the City. The City shall have reciprocal rights. The City shall continue to supply water to the Town properties along Taughannock Boulevard via the Taughannock Boulevard master meter and shall quarterly bill the Town based upon the consumption registered by that meter, using the City retail rate in effect when the water is consumed. The Town shall own and be responsible for maintenance and upkeep of the Taughannock Boulevard meter vault and interior piping and valves excluding the meter; the City shall own, read, and be responsible for maintenance and upkeep of the meter. 7. There will be no charges to the Town or to the City for water used through hydrants (i.e., no hydrant charges) provided both parties maintain similar water use patterns such as water quality flushing and intermittent hydrant flow testing for insurance and computer modeling purposes. Water sold by meter from a hydrant shall be paid to the supplier of water. D. Coddington Road Water District 1. It is hereby acknowledged that the City has paid the Town $28,500.00 on February 1, 1978 to buy out the City's responsibility for the capital costs of the Coddington Road water district. It is hereby further acknowledged and agreed that the City owes no further payments to the town with respect to water service in the former Coddington Road water district except as otherwise provided for in this Amended Intermunicipal Water Services Exchange Agreement. 2. It is agreed that the City retains the option of building a separate main to serve its Coddington Road area, but the construction of such a separate main shall be at the City's expense. E. Maintenance of Respective Systems I. Both parties agree to maintain their respective systems in a good and workmanlike manner so as to minimize waste from the other party's system and will endeavor to operate and maintain their own systems in as cost - effective a manner as possible consistent with good current engineering practices. Each party's responsibility for its own hydrants connected to the other party's mains will begin at the "T" on the main. F. Modification of Amended Intermunicipal Water Services Exchange Agreement 1. Provisions of this Amended Intermunicipal Water Services Exchange Agreement may be modified only with written approval from all signatory parties hereto, except Appendix A which will be updated by City, Town and Bolton Point staff as needed for billing under paragraph B.6. G. Termination of Agreement 1. This Amended Intermunicipal Water Services Exchange Agreement may be terminated as to the on -going responsibilities of each party at any time after 5 years from the date hereof provided that the party seeking to terminate same has given the other party at least 3 years prior notice of its intent to terminate same. Notwithstanding the foregoing, termination pursuant to this paragraph shall not relieve any party hereto from any obligations arising prior to such termination, including, but not limited to, payment of any amounts owed by any party hereto. H. Notice 1. Whenever in this Amended Intermunicipal Water Services Exchange Agreement it shall be required or permitted that notice or demand be given or served by any party to this Agreement, such notice or demand shall be given in writing to the Town Supervisor, City Mayor and/or SCLIWC General Manager, as the case may be, at the addresses for the Town, City and SCLIWC respectively indicated above, and in the following manner: All such notices shall be (i) delivered in person with written proof thereof, and in such case shall be effective as of the date of such personal delivery; or (ii) sent by certified or registered mail, return receipt requested, and in such case shall be effective as of the date three (3) days following the date upon which such mailing is deposited; or (iii) sent by a nationally recognized overnight courier, and in such case shall be effective one day after the date of delivery to such courier. The address of any party hereto may be changed from time to time by such party providing written notice as required in this paragraph. I. Dispute Resolution 1. Should any dispute arise between and/or among the parties respecting the terms of this Amended Intermunicipal Water Services Exchange Agreement and written notice thereof be given by one party to the other(s) (such written notice to provide a brief summary of the dispute), the parties hereby agree that for a period of sixty (60) days following such written notice they will negotiate in good faith as to the disputed matter. In the event that such good faith negotiations are unsuccessful and the parties involved are thereby unable to reach agreement on all required matters within the sixty (60) day period provided for above, any matter upon which the parties have agreed shall be reduced to a written agreement executed by the parties involved, and any unresolved matter(s) shall be submitted to the American Arbitration Association (AAA) for binding arbitration in accordance with the following procedure: (i) Within thirty (30) days after the expiration of the (60) day negotiation period provided for above, the parties involved shall, in conjunction with AAA, agree upon one arbitrator to resolve the disputed matter(s); provided, however, that if the parties involved cannot agree on an arbitrator within such thirty (30) day period, AAA shall select the arbitrator. The arbitrator so designated shall have expertise in municipal matters, and shall not have previously provided services to the Town, City or SCLIWC. (ii) Within such time as may be provided in AAA rules and regulations, the arbitrator and the parties involved shall meet, at which time the parties involved shall provide the arbitrator with any written documents executed by the parties involved as indicated above providing for the matters upon which the parties involved have agreed, and shall be further required to set forth in writing at the meeting all disputed issues and their respective proposed determination on each such issue. Any clarification or modification to the written materials issued by either party shall be submitted to the arbitrator and other party no later than ten (10) days after the meeting. (iii) Following such preliminary meeting, the arbitrator shall set a date for a hearing which shall be no later than thirty (30) days after the submission of written proposals pursuant to subparagraph (ii) above. Each such party shall have the right to be represented by counsel at such hearing. The arbitration shall be governed by the rules of AAA; provided, however, that the arbitrator shall have the sole discretion with regard to the admissibility of testimony and other evidentiary materials. (iv) The arbitrator shall use his or her reasonable best efforts to rule on the disputed issues within thirty (30) days after the completion of the hearing described in subparagraph (iii) above. The determination of the arbitrator as to the resolution of any disputed issues shall be in writing, delivered to all parties hereto, and binding and conclusive upon all parties hereto. Each party involved agrees to proceed in accordance with such determination, including taking all actions necessary to give full force and effect thereto. Any arbitration determination may be entered in and enforced by any court having jurisdiction thereof, and the parties hereby consent and commit themselves to the jurisdiction of such court for purposes of the enforcement. (v) In connection with any arbitration proceeding hereunder, each party involved shall be responsible for its respective costs and expenses, including, but not limited to, attorneys' fees, unless the arbitrator, for good cause, directs otherwise in his or her written determination. J. Indemnification 1. Each party to this Amended Intermunicipal Water Services Exchange Agreement shall indemnify and hold harmless the other parties from and against all suits or claims for injury or damages to person or property allegedly caused through negligent acts or omissions of the indemnifying party.. K. Force Majeure 1. Any delay in or failure of performance by any party hereto under this Amended Intermunicipal Water Services Exchange Agreement shall be permitted and deemed excusable if such delay or failure is caused by occurrences beyond the control of the Town, City or SCLIWC, including, but not limited to, acts of God, compliance with any order or request of any governmental authority, acts of war or terrorism, sabotage, accidents, strikes or other concerted actions of employees, weather, and any other cause not within the control of the Town, City and/or SCLIWC, as the case may be. L. Miscellaneous 1. This Amended Intermunicipal Water Services Exchange Agreement (i) shall be governed by the Iaws of the State of New York, (ii) constitutes the entire agreement between the parties hereto with respect to the subject matter herein, (iii) supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties hereto with respect to such subject matter, and (iv) may not be modified in any way unless in writing signed by all parties. 2. The waiver by any party of a breach or violation of any term or provision of this Amended Intermunicipal Water Services Exchange Agreement shall not operate or be construed as a waiver of any subsequent breach or violation. 3. If any court of competent jurisdiction holds any provision of this Amended Intermunicipal Water Services Exchange Agreement invalid or unenforceable, the other provisions thereof will remain in full force and effect. Any provision of this Amended Intermunicipal Water Services Exchange Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 4. The parties hereto agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this Amended Intermunicipal Water Services Exchange Agreement. 5. Each party executing this Amended Intermunicipal Water Services Exchange Agreement represents and warrants that (i) he or she has the specific authority to bind the party on whose behalf he or she is signing this Amended Intermunicipal Water Services Exchange Agreement, (ii) the consent of any third party is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this Amended Intermunicipal Water Services Exchange Agreement has undertaken all actions required to enter into this Amended Intermunicipal Water Services Exchange Agreement, and (iv) his or her signature represents the binding obligation of such entity. M. Supersedence of 1978 Agreement 1. This Amended Intermunicipal Water Services Exchange Agreement supersedes the 1978 Agreement in its entirety. N. Execution 1. This Amended Intermunicipal Water Services Exchange Agreement may be executed in counterparts by and among the parties hereto, and such counterparts shall together comprise a single and binding agreement. This Amended Intermunicipal Water Services Exchange Agreement may be executed by facsimile or electronic signatures, which signatures shall be accepted as if they were original execution signatures. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written, Signature and date for Town of Ithaca: Signature and date for City of Ithaca: Signature and date for ) ly Page 9 of 33 8.513 Approval of Stormwater User Fee Credits for Stormwater Utility Law — Proposed Resolution WHEREAS, on August 6, 2014, Common Council adopted a local law authorizing the creation of a Stormwater Utility and the Establishment of a Stormwater User Fee, creating a new Chapter 283 of the City Code, entitled "Stormwater Utility ", and WHEREAS, the Stormwater User Fee charged for a lot is based on the amount of impervious surface area on the lot, and WHEREAS, Section 283- 2(C)(1) of the City Code allows eligible owners to file an application contesting the calculation of impervious surface area on their lot, and WHEREAS, Section 283 -3 of the City Code authorizes Stormwater User Fee Credits for those practices or structures that reduce the quantity and /or improve the quality of runoff from eligible properties and are included on a list of "Approved Stormwater User Fee Credits," to be established by the Board of Public Works and maintained by the Superintendent of Public Works, and WHEREAS, Section 283 -3(E) requires an eligible property owner to apply for Stormwater User Fee Credits in a form that is satisfactory to the Superintendent, now therefore be it RESOLVED, That the Board of Public Works establishes the following list of Approved Stormwater User Fee Credits, to be updated by the Board from time to time: Treatment Quality Credits New York State Department of Environmental Conservation 2010 Stormwater Design Manual Reference Section Rain Garden 5.3.7 Green Roof 5.3.8 Stormwater Planter 5.3.9 Porous Pavement 5.3.11 Bioretention F -5 6.4 Quantity Attenuation Credits Stormwater Pond 6.1 Stormwater Wetland 6.2 Stormwater Infiltration 6.3 Stormwater Filters 6.4 Open Channel 0-1 6.5 , and be it further RESOLVED, That the Board of Public Works approves the attached "Stormwater User Fee Revision /Credit Application" as a form by which owners may: e contest the calculation of impervious area on their lot under 283- 2(C)(1), and Page 7 • apply for Stormwater User Fee Credits under 283 -3, in a manner that is satisfactory to the Superintendent under 283 -3(E), and be it further RESOLVED, That the Board of Public Works establishes Application Fees to pay for a portion of the staff time and processing costs involved in reviewing applications in the amount of 50.00 for Part 1 of the application and $200 plus 10% of the Calculated User Fee Credit for Part 2 of the application, and be it further RESOLVED, That no approved credit shall take effect prior to January 1, 2015. Page 8 4 City of Ithaca Stormwater User Fee Revision /Credit Application y�'�'rre�a •�+" INSTRUCTIONS This form is to be used to request revisions to the Stormwater Utility User Fee (PART 1), or to request a credit for stormwater quality or quantity mitigation measures (PARTS 1 and 2). The one -time application fee for PART 1 is $50. The one -time application fee for PART 2 is $200 plus 10% of the Calculated User Fee Credit. Completed forms may be submitted to the Superintendent of Public Works. Residential properties categorized by the County Assessor as 1 -, 2 -, or 3- family homes may not apply for credits, and will not be able to reduce their Stormwater User Fee by applying for revisions unless those revisions reduce the property's impervious surface area to less than 1/4 ERU (575 sf). PROPERTY INFORMATION Property Address Tax Parcel Owner Additional Parcels Owner Address Additional Parcels City, State, ZIP Phone PART 1 -- USER FEE The User Fee is based on the amount of impervious surface area on a parcel. Impervious surfaces include rooftops, concrete or asphalt paving, compacted gravel, or other surfaces identified in the Stormwater Utility Law. The total impervious area (in square feet) is converted into Equivelant Residential Units (ERUs) rounded up to the nearest 0.25 ERU, and each ERU is charged an annual Stormwater User Fee. One ERU is equal to the average impervious surface area of 1, 2, and 3 unit residential properties within the City of Ithaca. 1 ERU = 2,300 sf Annual Fee per ERU = $ 48.00 Example: The total impervious area of a commercial property (rooftops, paved areas, patios, etc.) is 62,860sf. The number of ERUs is: 62,860+2,300= 27.33 ERUs = => 27.50 ERUs The Annual User Fee is: 27.50 x $48.00 = $1,320.00 The current User Fee for the property listed above is based on the impervious surface area shown on the City of Ithaca GIS system. If the applicant wishes to revise the User Fee, please attach drawings indicating the revised calculation Requests for revisions will be field verified by the Department of Public Works. Current User Fee Revised User Fee (if Requested) Total Impervious Area Requested Impervious Area ERU Conversion Factor 2,300 ERU Conversion Factor 2,300 Number of ERUs 0.00 Revised Number of ERUs 0.00 Annual Fee per ERU $ 48.00 Annual Fee per ERU $ 48.00 Annual User Fee $ - Requested Annual User Feel DPW Approved User Fee DPW Reviewer Comments Reviewed By: Date: Property Address City of Ithaca Stormwater User Fee Revision /Credit Application Tax Parcel ,� rQ4l ,-� •,�� I CALCULATED USER FEE CREDIT I Requested Credit: #DIV /01 DPW Approved Credit: Reviewer Comments Reviewed By: Date: City of Ithaca Stormwater User Fee Revision /Credit Application r � LIST OF APPROVED STORMWATER USER FEE CREDITS Quallty3 Quantity" Treatment Treatment Approved Reference Design Efficiency Design Efficiency Mitigation Measures' Section Criteria Credit Criteria Credit Stormwater Qualitys Rain Garden 5.3.7 WQ 100% N/A Note 5 Green Roof 5.3.8 WQ 100% N/A Note 5 Stormwater Planter 5.3.9 WQ 100% N/A Note 5 Porous Pavement 5.3.11 WQ, 100% N/A Note 5 Bioretention (F -5) 6.4 WQv 100% N/A Note 5 Stormwater Quantity6 Stormwater Pond 6.1 WQ, Note 6 QP 100% Stormwater Wetland 6.2 WQ, Note 6 QP 100% Stormwater Infiltration 6.3 WQ, Note 6 QP 100% Stormwater Filters 6.4 WQ, Note 6 QP 100% Open Channel (0-1) 6.5 WQ, Note 6 QP 100% Notes: ' Mitigation measures are reviewed and approved by the Board of Public Works. If the applicant is proposing a new mitigation measure, provide information to the Superintendent of Public Works for consideration. 2 Reference Section is from the 2010 Stormwater Design Manual (SDM) prepared by the New York State Department of Environmental Conservation (NYSDEC) which can be downloaded in PDF format at: http://www.dec.nv.gov/chemical/29072.htmi 3 Full Stormwater Quality credits will be granted if the mitigation measure is designed and constructed in accordance with the referenced section of the 2010 SDM for treatment of the Water Quality Volume (WQv) as defined in the manual. 4 Full Stormwater Quantity credits will be granted if the peak discharge from the 10 -year, 24 -hour storm (Q) is reduced to the pre - development peak discharge. Partial credit will be pro -rated based on the ratio of peak flow mitigated to the 10- year peak flow mitigation, up to 100 %. For example, if the 10 -year peak discharges from the pre- and post - developed site are 5 and 20 cfs respectively, the peak flow must be mitigated by 15 cfs to receive full credit. A mitigation structure that reduces the 10 -year peak flow to 12 cfs would receive a credit of (20- 12)/(20 -5) = 8/15 = 53% credit. 5 Individual Stormwater Quality measures have minimal effect on stormwater quantity. However, if an applicant demonstrates that the combined effect of several stormwater quality mitigation measures results in reduced runoff, quantity credit will be granted as described in Note 4. A separate stormwater credit application will be required. 6 Stormwater Quality credits will be granted if the stormwater quantity measure also treats the water quality volume WQv per the SDM. Reviewed By: Date: 8.5C 2015 Water and Sewer Rates — Resolution WHEREAS, in accordance with City Charter, the Board of Public Works has the authority to set water and sewer rates, and WHEREAS, staff has provided water and sewer usage projections for 2015, now therefore be it RESOLVED, That the Board of Public Works adopts the following water and sewer rates and fees starting for bills due on or after January 1, 2015, and the rates are effective until changed: Basic Rates (per 100 cubic feet): Existing 2014 2015 Water $5.11 $5.62 Sewer $5.47 $5.47 Minimum Billina (per quarter year) METER CU FT SIZE ALLOWED WATER SEWER TOTAL Small 1,200 $67.44 $65.64 $133.08 1" 3,200 $179.84 $175.04 $354.88 1.5" 5,500 $309.10 $300.85 $609.95 2" 11,200 $629.44 $612.64 $1,242.08 3" 16,000 $899.20 $875.20 $1,774.40 4" 24,100 $1,354.42 $1,318.27 $2,672.69 6" 42,100 $2,366.02 $2,302.87 $4,668.89 Other Services • Unmetered sprinkler service: $12 per inch diameter per quarter • Metered water for circuses, carnivals contractors, etc., through suitable connection at hydrant installed by Water and Sewer: charged by use, with minimum bill of $200 per day for the first 7 days and $50 per day.thereafter. • Bulk Water for street sweepers, tank trucks, spray rigs, etc., available at the Water building: $100 per load up to 500 gallons, and $25 per thousand over 500 gallons. • Meter removal, meter resetting, turning water off, or turning water on at curb stop: $40 per event. • Residential Meter Testing: $75 if meter is found to be within industry tolerances; no charge if out of tolerance. • Replacement of frosted or damaged residential meter: • During business hours — cost of the meter plus $50 • After hours without a call -in — cost of the meter.plus $125 • After hours with a call -in — cost of the meter plus $220 Page 9 • Replace damaged AMR meter head, caused by owner /occupant negligence: cost of new meter plus $60. • Special meter reading with corresponding bill: $45 per special read. • Data Logs: the first obtainable data log is free, delivered electronically in a PDF format. Paper copies will be printed upon request at the cost of duplication. All additional data logs shall be charged at $45 each delivered electronically. If a City issue is found as a result of a data log, there shall be no charge. • All other special services: To be billed at cost (including overhead) with supporting bill documentation. Page 10 9.2 Request for Encroachment Agreement/License at 171 East State Street — Proposed Resolution WHEREAS, Scott Dolphin on behalf of TTH Associates LLC, which is the Owner of the property at 171 East State Street, known as Center Ithaca (Tax Map Parcel No. 70.- 4 -5.1), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent airspace above the street right -of -way for East State Street; and WHEREAS, the encroachment consists of the following: A LED display marquee, at an elevation of 9 feet, 7 inches above the ground and upward 3 feet, 6 inches, encroaching in the street right of way starting from the north face of the building located at 171 East State Street, and extending over the right of way to the north approximately 4 feet, 1 inch for a span of approximately 15 feet, 5 inches running east and west, parallel to the building, thereby encompassing an encroachment into the right of way by approximately 62.95 square feet, which is shown on a drawing entitled 171 State St — Center Ithaca Proposed New LED Marquee" prepared by Scott Dolphin Studio, WHEREAS, it anDears that the proposed overhang encroachment is inside the current location of the existing public sidewalks on the south side of East State Street and will not interfere with the sidewalk and right of way as currently constituted; and WHEREAS, the applicant has submitted a sign permit application for the proposed LED display marquee, and the Building Division has informed the applicant that the proposed marquee will require a variance; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2013 -14 schedule of fees for use of City -owned property requires an initial application fee of $100 for new licenses, and stipulates that annual use fee for the Ithaca Commons, primary or secondary license fee category shall be calculated at $2.77 per square foot resulting in an annual use fee of $174.37 with such rate thereafter subject to adjustment by the consumer price index and property taxes assessed against the City, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 171 East State Street, as proposed, contingent upon the following: • compliance with all requirements of the sign permit application process, including obtaining any applicable variances, and any other City requirements as directed by the Building Division, and • the execution of a license /agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further Page 11 RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license /agreement allowing said encroachment, revocable upon 90 days' written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City's Municipal Code. Page 12 CITY OF ITHACA — Superintendent of Public Works kgehring@ciWiithaca.org 108 East Green Street, Suite 202, Ithaca, N.Y. 14850 Phone: (607) 274 -6527 Fax: (607) 274 -6587 APPLICATION FOR USE OF CITY PROPERTY (see §170 of the City Code for additional requirements. restrictions, and procedures) APPLICANT NAME 6 colt ) b IA � ✓1 T y,r C�/e� � l �C A % a/ E• 577%'�t° S NAME OF ORGANIZATION / BUSINESS N J�SSQ - I C-,t °S 4- MAILING ADDRESS PHONE NUMBER EMAIL ADDRESS DATE OF APPLICATION SUBMISSION All of the following documentation MUST be submitted to the Superintendent's Office, along with this application form, and $100 non - refundable fee, In order for application to be considered complete. **** Incomplete Applications will not be accepted **** I/ Provide a typed explanation of your request clearly indicating the I consider 'on, your intended use(s) of that property, and intended duration of use. A so, includ ae� n any phy ical changes that you wish to make to the City property and any other i formatiorognuo�fedlIi OPSevant, suc as paving, drainage improvements, signs, structures, etc. ❑' $100 non - refundable application fee. Checks payable to the City of Itha . NOV 12 2014 ❑ Property survey produced by a licensed land surveyor showing the City ana tryplmooflRp )EP IA drawing, such as submitted or approved site plan, clearly illustrati g the bounda ' proposed for private use, including physical changes proposed and the ected area (in square feet or acres) ,�f- Insurance coverage consiste t with the terms stated in §170 -9D(1) of the City Code 0.1 P, �-e-- - ------------------ - - - - -- FOR OFFICE USE ONLY Application Fee of $100 paid on it l (date) by cash or- (circle one) Application accepted by: ffag:��' ( Date: 4 f oZ 1 Michael J. Thome, P.E uperintendent of Public Works The Superintendent of Public Works has determined that this request should be properly treated as (check one): ❑ Temporary easement ❑ Permanent easement ❑ Lease ❑ License ❑ Other The Superintendent has determined that this request ❑ does ❑ does not involve the use of public parkland. The Superintendent has determined that this request ❑ does ❑ does not require environmental review. The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease. The Superintendent has determined that additional review /action is necessary from the following (check all that apply): ❑ Mayor ❑ City Attorney ❑ Fire Chief ❑ Board of Public Works ❑ City Clerk ❑ Common Council ❑ Other JAFront Office FiieslFormstUse of City Property Application.doc 171 East State Street Proposed new LED Marquee TTH Associates LLC /DBA - CENTER ITHACA is proposing a new LED display Marquee to replace the existing marquee over the main State Street access to the building Existing CENETR ITHACA logo would be relocated to over the existing structure as per the drawings and externally lit. The main new front screen, facing north, would feature a full color LED monitor capable of live feed from a remote hand held camera, preprogrammed community bulletins and marketing information for the business within Center Ithaca. There would be two identically programmed monitors on the east and west sides of the marquee that would feature the address and name of the Center and it's business tenants. The intent is to retrofit the existing steel supports to hold the new screens, which would require an additional forward projection of approximately 4" ( + / -) from the existing face of the marquee. If there are any questions, comments or suggested design modifications I can be reached at 917 - 558 -3186 Thank You, Scott Dolphin Scott Dolphin Studio 1779 Trumansburg Road Trumansburg, NY 14886 10 STAB L ST - CENTER I I HACA PROPOSED NEW LEE) MAROLIEF Front Elevation scale., Existing exclamation point logo to remain a- T N 61-94 LED screen 1 V-5� SCOTT DOL PHIN stud io i,1'015543186 S4.0tt"lipe in I GACI.Com WWWAC004JOlphin.C" Existing CENTER ITHACA letters from face of marquee to be reused. black powder coated steel mounting grid a ATM Apartmanis ollwas C;enl- t r r Apr 74 ■ `MA L-70 , ff { co � T � r L f J A m ' I 171 STATE ST. - CENTER ITHACA PROPOSED NEW LED MARQUEE East Side Elevation scale: 3/8 " =1' -0" LED screen inset into adapted exi armature West Side Elevation scale: 3/8 " =1' -0" SCOTT DOL PHI[ studio 917 558 3186 scoddolph in 1®aol. com www.scoftdolphin.com screen into ited existing iture FW. Center Ithaca Signage Application FW: Center Ithaca Signage Application Skip Schell Sent: Thursday, November 13, 2014 9:50 AM To: Michael Thorne; Kathy Gehring Categories: Requests Attachments :20141110145531231.pdf (95 KB) Good moming Kathy and Mike, https:H mail. cityofithaca. org/ owa / ?ae= Item&t= IPM.Note &id= RgAA... Below is an e-mail that I sent to Frost Travis and Scott Dolphin regarding the proposed signs at 171 E. State St., Center Ithaca. You may want to check past records as I believe they may have be granted an encroachment agreement for the marquee when Center Ithaca was first constructed. Let me know if I can be of any help. All the best, Skip William "Skip" Schell Senior Plan Examiner Building Division 4th Floor, City Hall 108 E. Green St. Ithaca, NY 14850 (607) 247 -6511 From: Skip Schell Sent: Monday, November 10, 2014 4:04 PM To: Frost Travis; scottdolphini @aol.com Subject: RE: Center Ithaca Signage Application Good afternoon Frost and Scott, Frost; you kind of got right... Center Ithaca went before the BZA on December 2, 2008 for ask for a variance ( #2775) from the sign ordinance ( The "exclamation point" was not part of the package as I believe I looked at it as just a mural, not advertising). The CBD zoning district in which 171 E. State St., Center Ithaca is located allows for 2 wall signs maximum, 50 SF each. Also, per section 272 -5(D), "Any sign displaying flashing or intermittent lights or lights changing degrees of intensity..." is prohibited. As the property has already been granted a BZA variance from the sign ordinance and you are proposing an LED, light changing, advertising Marquee a new variance would have to sought and granted. Please note that the proposed advertising on the marquee which is not located on the property is considered a billboard which is also not allowed by the sign ordinance and therefore would also require a variance from the code. The five signs that are currently in the windows to the south of the building (facing the parking garage) were withdrawn from the BZA variance process and therefore were never granted. Please see attached BZA decision #2775. 1 oft 11/24/2014 11:10 AM V: center ltnaca atgnage Appimmun Let me know if I can help through this process. All the best, Skip William "Skip" Schell Senior Plan Examiner Building Division 4th Floor, City Hall 108 E. Green St. Ithaca, NY 14850 (607) 247 -6511 From: Frost Travis [ftravis @travishyde.com] Sent: Monday, November 10, 2014 3:33 PM To: scottdol phi n 1@aol.com; Skip Schell Subject: Center Ithaca Signage Application Hi Scott, This email is to summarize the conversation that I had with Skip Schell this afternoon regarding the signage application for the Center Ithaca marquee. As it turns out, the exclamation point required its own variance back in 2008. Skip will be sending the decision letter from the BZA approving the exclamation point. Skip had been waiting to contact you because he wanted to remind me of the fact that there was already a variance in place from 2008, something which I had forgotten. Further development of the marquee would require a further variance, something which you may have already known per my recollection of your last email. I let Skip know that we may be taking a different direction altogether with the sign, and would keep him posted. When you and I meet next week, we can discuss this further and see if we need to pursue a variance. Thanks. Regards, Frost Frost Travis Travis Hyde Properties 323 North Tioga St. Ithaca, NY 14850 Office (607) 273 -1654 Mobile (607) 327 -0100 ftravis travishvde.com www.travishyde.com of ? 11 /24/2014 11:10 AM December 17, 2008 Frost Travis 323 N. Tioga Street Ithaca, NY 14850 RE: Board of Zoning Appeals meeting of December 2, 2008 Appeal # 2775 --171 East State Street Board member present: Steven Beer, Ian deRoos, James Marshall Dear Mr. Travis: The Board of Zoning Appeals considered your request on behalf of TTH Associates, LLC, for a variance from Section 272 -68(2) and Section 272 -3 of the Sign Ordinance. Proposed is the installation of six signs on rear the Rothchild's Building, also.known as Center Ithaca, to identify the rear entrance and the types of businesses that are located within the complex. Section 272 -6B(2) limits the number of signs per business to two and Section 272 -3 requires that the front or face of the building be visible from a public or private street or highway. The rear of the Rothchild's Building is largely obscured by the Green Street Parking garage. It was moved to grant part of the variance based on the following findings of fact: 1. The signs are intended to enhance the public walkway that runs along the rear of the building. One sign denotes the name of the complex and points to the rear entry. This sign measures 30." by 8 '. The other five signs, measuring 4' x 8' . each, advertise the services available within the building. These signs will read: 'Shopping'; `Cafes'; 'Apartments'; `Offices'; and `Fitness Center'. These signs will have a tonal colored background bearing images to support the use conveyed by the signage. They would be placed inside the tar ge windows along the fagade. 2. Studies have indicated that a large percentage of visitors to The Commons are from out of town; the signs will inform passers-by of opportunities available within Center Ithaca. 3. The appellant indicated that this sign project is part of an overall plan to include plantings and street furniture along the rear of the building, as part of the Commons Mainstreet Grant project. 4. The City Planning Board agreed that more visual interest is needed along this walkway, but felt that the sign design is bland and their placement in the windows looks temporary. The Board suggested wall-mounted panel signs, and a design more in keeping with the planned cinema which is being constructed adjacent to the Rothchild's Building. S. Members of the Zoning Board felt that the size of the signs is larger than necessary and they could have a better design. b. There were no letters or speakers for or against the variance. 7. Based on the recommendations of the Planning and Development Board and the Zoning Board, the variance request for the five window signs was withdrawn. The motion was made to approve the installation of the 30' x 8" sign on the southwest corner of the building. The Board acknowledges the need for signage on the rear of the building, and finds that this sign is necessary to communicate the presence of the building. Its design will not detract from the appearance of the building and is the smallest size possible to effectively convey the intended information. The appeal was granted by a vote of 3 in favor, none opposed. Sincerely, For the Building Department Phyllis Radke, Building Commissioner 7 PR:lf