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HomeMy WebLinkAboutMN-SJC-2009-12-09 1 SJC MEETING December 9, 2009 SJC Members Staff Wade Wykstra, Chair Mayor Carolyn Peterson Supervisor MaryAnn Sumner Supervisor Herb Engman Pat Leary Mary Tomlan Joel Zumoff Rich DePaolo Eric Whitney Bill Gray Scott Gibson Steve Thayer Dan Ramer Absent Guests Tim Carpenter, Stearns & Wheler/GHD Wade called the meeting to order at 12:35PM. Approval of November 2009 minutes – The November minutes will be constructed using table notes as there was no recording on the tape from the meeting. Miscellaneous Plant Improvements (Update) – Tim Carpenter Tim reported that the digester siding and the concrete repairs are completed. The design phase for the septage receiving facility is now in progress. We are looking to complete the design and put the project out to bid in early 2010 with construction starting in the summer to fall timeframe. Financial Report – Steve Thayer Steve distributed the current financial activity for the past month. We currently have a positive balance of Revenues over Expenses of $674,752. There are some budget items that normally run one to two months behind. These would include health benefits, utilities, etc. Interest & earnings will be booked at the end of December. We have been reimbursed $9529 for taking the plant off line (using generator power) as part of the Energy Curtailment Program. This money is in the J2770 Unclassified account. We received reimbursement once a year. There have been no expenditures for Capital Projects over the last month. 2 Operators Report Summary– Dan Ramer Dave McGeever has decided to retire after 16.5 years of service. Jeremy Giordano is attending his Basic Operations course Our SPDES permit renewal application has been submitted. The City attorney and Susan Brock are working on the NYSEG access agreement. The coating on the deck has been completed. The medical waste collection day is scheduled for March 6, 2010 at the TCAT garage. More details to follow. Johnson Controls is progressing with the Energy Audit and project development phase. They will be walking contractors through the facility to generate information for deciding on the final projects to be included in the performance contract. Chris Kalwara will present an update at the January meeting. NYSEG Access Agreement – Susan Brock Susan presented the SJC with a proposed resolution to allow NYSEG access to the property for investigation related to the former Manufactured Gas Plant. After discussion and changes, the SJC passed the resolution by a vote of 7 to 1 with MaryAnn Sumner voting against. Engineering Report Summary – Scott Gibson The Crane Hogan topic will be discussed in Executive Session. MRB Consultants are in process of final reporting on the Headworks Loading Study. We are still waiting for results from the Cornell Vet School to complete this project. Tim Carpenter will present an update on the septage receiving building design and bid package preparation. Fingerlakes Industrial has submitted their final outfall inspection report and a DVD of inspection services. There were no significant problems to report. Scott suggested moving into executive session to discuss proposed litigation. Moved by Pat Leary and seconded by MaryAnn all agreed to move into executive session. Upon returning from executive session, Wade noted that a new chair person is to be elcted at the January meeting. Carolyn announced that this is Mary Tomlan’s final SJC meeting and thanked her for her service.. On a motion, the meeting was adjourned. The next meeting is scheduled for January 13, 2009 at 12:30PM. 3 SJC RESOLUTION NO. __--AUTHORIZING THE CITY OF ITHACA TO ENTER INTO AN ACCESS AGREEMENT WITH NEW YORK STATE ELECTRIC & GAS CORPORATION FOR ENVIRONMENTAL INVESTIGATION RELATED TO FORMER MANUFACTURED GAS PLANT WHEREAS, the Ithaca Area Wastewater Treatment Facility (“IAWTF”) is owned and operated by the City of Ithaca, Town of Ithaca, and Town of Dryden (“Municipal Owners”), with oversight provided through this Special Joint Committee (“SJC”) composed of representatives from the three Municipal Owners; and WHEREAS, from 1927 until 1932, the New York State Electric & Gas Corporation (“NYSEG”) and its predecessor companies owned and operated a manufactured gas plant (“MGP”) located on what is now IAWTF property, and WHEREAS, pursuant to a consent order with the New York State Department of Environmental Conservation, NYSEG is conducting a remedial investigation to determine MGP impacts on and off the IAWTF property, and WHEREAS, as part of the remedial investigation, NYSEG has requested access to IAWTF property to evaluate surface soil, subsurface soil, aquatic sediment and groundwater quality through the use of soil borings, test pits and monitoring wells, and WHEREAS, NYSEG and attorneys for the IAWTF and the City of Ithaca have prepared a proposed Access Agreement to give NYSEG the required access while protecting the Municipal Owners, SJC and IAWTF against claims arising out of NYSEG’s actions under the Agreement, and WHEREAS, title to the IAWTF property is held by the City of Ithaca for the benefit of the 3 Municipal Owners, and WHEREAS, the SJC representatives of the Municipal Owners hereby wish to delegate to the City the authority to enter into the Agreement and execute it on their behalf, NOW, THEREFORE, be it RESOLVED, that the SJC approves the Access Agreement, and be it further RESOLVED, that the City of Ithaca is hereby authorized to enter into the Access Agreement, and the Mayor of the City is authorized to execute the Access Agreement, all on behalf of the three Municipal Owners, with said Access Agreement being subject to the approval of the attorney for the Ithaca Area Wastewater Facility and the City of Ithaca Attorney. MOVED: Herb Engman SECONDED: Joel Zumoff VOTE: Passed 7 – 1 MaryAnn Sumner voted against 4 ACCESS AGREEMENT THIS AGREEMENT, by and between NEW YORK STATE ELECTRIC & GAS CORPORATION, a corporation organized and existing under the laws of the State of New York having an office at the James A. Carrigg Center, 18 Link Drive, Binghamton, New York 13902 (hereinafter referred to as “NYSEG”), and, CITY OF ITHACA, 108 East Green Street, Ithaca, NY 14850 (hereinafter referred to as “Owner”). RECITALS: WHEREAS, the Ithaca Area Wastewater Treatment Facility is owned and operated by Owner, Town of Ithaca, and Town of Dryden (“Municipal Owners”), with oversight provided through a Special Joint Committee composed of representatives from the three Municipal Owners; and WHEREAS, NYSEG has the need to perform soil and ground water testing and other investigations, assessments, and related work activities upon the Ithaca Area Wastewater Treatment Facility property located at 545 Third Street, City of Ithaca, County of Tompkins and State of New York; and WHEREAS, NYSEG must temporarily use, occupy, excavate, and travel over the Ithaca Area Wastewater Treatment Facility property in order to perform the testing, investigations, assessments, and work; and WHEREAS, the SJC representatives of the Municipal Owners are willing to permit NYSEG to use the Ithaca Area Wastewater Treatment Facility property for these purposes subject to the conditions of this Agreement; and WHEREAS, the SJC representatives of the Municipal Owners have delegated to the City the authority to enter into this Agreement on their behalf; NOW, THEREFORE, the parties agree as follows: Section 1. Grant. Owner, being the record owner of or having an interest in land situate in the City of Ithaca, County of Tompkins, State of New York, fronting the streets or highways known as Third Street (the “Premises”), which Premises are shown in Exhibit A, attached hereto and made part hereof, for and in consideration of the sum of One Dollar ($1.00) duly paid, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the performance of the covenants and agreements as herein set forth and expressed, does hereby grant to NYSEG, its successors and assigns the following. (a) A temporary license to enter upon, travel over, and occupy the Premises for the purpose of conducting sampling and evaluation of soil, groundwater, bedrock and soil vapor for a site investigation into the extent of a former manufactured gas plant’s impacts to the Premises and surrounding area. All site investigation work shall be identified in, and performed in accordance with, a New York State Department of Environmental Conservation (NYSDEC)- approved Work Plan (or any NYSDEC-approved amendment thereof). This license is granted for the accommodation of NYSEG’s employees, agents, contractors, and subcontractors, as well 5 as construction and other equipment, vehicles, materials, tools, accessories and other necessary items required for the performance of such site investigation work on the Premises; and (b) The license also allows NYSEG to use, as a means of entering onto and departing form the Premises, the present and existing roads and driveways located on the Premises leading to adjoining streets, avenues and highways for all of the purposes set forth herein. (c) The license gives NYSEG non-exclusive rights to enter onto and use the Premises as described above. The license is limited in purpose and scope to the amount of access reasonably required to perform the work, and it does not create any relationship between NYSEG and Owner or the other Municipal Owners other than licensee and licensor. (d) For each stage of the work, NYSEG shall provide Owner a minimum of two (2) business days notification by telephone before entering the Premises to exercise rights granted herein. Such notification shall be made to the Ithaca Area Wastewater Treatment Plant Chief Operator at 607-273-8381 and the City of Ithaca Mayor at 607-274-6501. Owner warrants good title to the Premises and has all requisite authority and right to grant NYSEG this license. Section 2. Other Consideration. As further consideration for the foregoing grant, the Owner and NYSEG agree as follows: (a) As part of the use of the Premises herein, NYSEG will be permitted to conduct the investigation work specified in a NYSDEC-approved Work Plan (or any NYSDEC-approved amendment thereof). NYSEG will provide Owner with copies of all NYSDEC-approved Work Plans and written amendments before commencing the work in said Work Plan or amendment. The investigation work consists of soil borings, test pits and installation of monitoring wells. Soil, groundwater and aquatic sediment samples will be collected and examined by a field geologist. Where appropriate, samples will be submitted to a laboratory for analysis. The location of borings, test pits and monitoring wells will be situated as mutually agreed to by the Owner, NYSEG and the NYSDEC. Monitoring wells will be installed with flush mount access boxes and may require follow up sampling to assess groundwater quality over time. NYSEG agrees to provide all plans and report (including validated sampling results) to the Owner regarding proposed and completed work on the Premises at the same time it submits such documents to the NYSDEC. (b) With the exception of those matters addressed in Section 2(a), above, within thirty (30) days following the conclusion of all investigations, assessments, testing, and work referred to above, NYSEG will cause to be removed from the Premises all debris, surplus material, and equipment and restore the Premises to substantially its condition before the conduct of such investigations, assessments, testing, and work. Notwithstanding the foregoing, NYSEG will be permitted to leave in place any monitoring or testing devices which NYSEG installed and which NYSEG is required to maintain in order to comply with any applicable federal, state, or municipal laws, rules, or regulations. This right will survive the termination of this Agreement. (c) NYSEG agrees that its work and any fencing, equipment, and other materials to be used, operated, installed, or situated on the Premises will be performed, used, operated, 6 installed or situated so as not to interfere with the Municipal Owners’ business operations and access to the Premises by the Municipal Owners and their customers, guests, invitees, contractors and subcontractors. Any obstruction required for the performance of work on the Premises will comply with the foregoing sentence, will be temporary only, and will be removed by NYSEG as soon as practicable following the completion of the activity requiring such obstruction. In addition, NYSEG will use its best efforts to minimize disruption to activities on or near the Premises. (d) NYSEG will use its best efforts to prevent damage to personal property and structures. In the event that lawns, fences, driveways, buildings, or other personal or real property or structures of the Municipal Owners are damaged or disturbed by NYSEG or its agents during the performance of the work, Subject to NYSEG’s right set forth in Sections 2(a) and 2(b), above, NYSEG will repair and restore same to a condition substantially equivalent to that existing before NYSEG’s operations pursuant to this Agreement were commenced, including without limitation the filling of bore holes and test pits. (e) All activities and work to be performed under this Agreement shall be carried out at NYSEG’s sole cost and expense. (f) NYSEG may disclose the results of any testing it performs on soil, groundwater, and air samples taken from the Premises to appropriate federal, state, local and municipal environmental and/or health agencies when deemed reasonably prudent or necessary by NYSEG in order to comply with applicable laws, rules, regulations, or orders. Except as provided in the immediately preceding sentence, NYSEG will maintain such results in confidence and will not otherwise disclose them to any third party without the Owner’s prior written consent. (g) NYSEG shall obtain and maintain during the term of this Agreement, either through a funded program of self-insurance, and\or through insurance policies meeting the requirements hereunder, insurance coverage covering all of NYSEG’s activities at and related to the Premises pursuant to this Agreement of the type and in the minimum amounts listed below. Commercial General Liability—including: Premises/Operations Products/Completed Operations Contractual Liability Independent Contractors Personal Injury Broad Form Property Damage Bodily Injury and Property Damage Limit $1,000,000 each occurrence Products/Completed Operations Limit $1,000,000 aggregate Personal Injury and Advertising Injury Limit $1,000,000 each person or organization General Aggregate Limit $2,000,000 7 Such insurance shall cover damages because of bodily injury, including personal injury, sickness, disease or death, and from claims or damages because of injury to or destruction of property, including loss of use therefrom. Automobile Liability Owned, hired and Non-owned Autos Combined Single Limit for Bodily Injury and Property Damage $1,000,000 each accident Third Party Off-Site Pollution Legal Liability $1,000,000 per occurrence, $2,000,000 aggregate Additional requirements for the Commercial General Liability, Automobile Liability and Pollution Liability policies: Claims-made policies are not acceptable. When umbrella or excess coverage is in effect, it must follow the form of the underlying coverage. A statement regarding Follow Form coverage must be on the certificate of insurance. The City of Ithaca, Town of Ithaca, Town of Dryden, Special Joint Committee, the Ithaca Area Wastewater Treatment Facility, and their elected officials, officers, employees, agents, boards and board members (collectively, the “Indemnified Parties”) shall be named as additional insureds on a direct primary basis under the policies issued for these coverages by the use of Endorsement CG2026, Additional Insured Designated Person or Organization. All insurance shall be written with insurance carriers authorized to issue insurance in the State of New York and have a Best’s Rating of A XI or better. Certificates of insurance shall contain a thirty (30) day notice of cancellation, non- renewal or material changes to the City of Ithaca and the Ithaca Area Wastewater Treatment Facility. Prior to the execution of this Agreement and throughout the term of the Agreement, NYSEG shall furnish the Owner with written evidence from its insurer(s) of the insurance coverage described herein through use of certificates of insurance acceptable to the Owner. Certificates of insurance showing insurance in effect as of the effective date of this Agreement are attached as Exhibit B. NYSEG shall not decrease the limits of such insurance or cancel such insurance during the term of this Agreement. Workers' Compensation and Employers' Liability Statutory coverage complying with NYS Workers' Compensation Law Section 57 General Municipal Law Section 125. Contractor must submit one of the following: CE-200- Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, OR C-105.2- Certification of NYS Workers' Compensation Insurance (U-26.3 for State Insurance Fund version), OR SI-12- Certificate of NYS Workers' Compensation Self Insurance, OR GSI-105.2- Certificate of NYS Workers' Compensation Group Self-Insurance Disability Benefits Requirements 8 Statutory coverage complying with NYS Workers' Compensation Law Section 220 (8) under General Municipal Law Section 125. Contractor must submit one of the following: CE-200- Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, OR DB120.1- Certification of Disability Benefits Insurance, OR DB155- Certificate of Disability Self-Insurance Note: Proof of NYS Workers' Compensation and NYS Disability Benefits must be provided on NYS forms as listed above. The insurance coverage described in this subparagraph is not intended to limit, nor does it limit, the liability of NYSEG for breach of this Agreement or any agreement by NYSEG herein to defend, indemnify and hold harmless the Indemnified Parties. (h) NYSEG and Owner do not waive any rights by signing this Agreement, nor are any rights of the other Municipal Owners waived. Section 3. Duration. Unless the Owner revokes the license earlier, this Agreement will commence on the date hereof, continue until the site investigation work is complete, and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, legal representatives, successors, and assigns of the parties hereto. Section 4. Indemnification. NYSEG agrees to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all liabilities, claims, losses, costs, damages, punitive damages, expenses and reasonable attorneys fees which any of the Indemnified Parties may suffer or for which any of the Indemnified Parties may be held liable by reason of personal injury (including death), damage to, or destruction of, any property, or the creation of or exacerbation of environmental conditions or liabilities arising out of or connected to NYSEG’s actions, or actions of NYSEG’s employees, agents, contractors, and/or subcontractors on the Premises, except to the extent that such damage or destruction is due to the negligence or intentional wrongful acts of the Indemnified Parties, or of the Indemnified Parties’ officers, agents, servants, employees, contractors, subcontractors, lessees, invitees or licensees. Section 5. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed given if delivered by hand, certified mail or commercial courier service upon the other party at the address set forth above. All notices shall be effective upon the date of receipt. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the _______ day of ________________, 2009. 9 IN PRESENCE OF: By:______________________________________ Carolyn Peterson, Mayor City of Ithaca By: ______________________________________ New York State Electric & Gas Corporation STATE OF NEW YORK ) ) COUNTY OF TOMPKINS ) On this __________ day of ______________, 2009 before me, appeared_____________________________________ to me known, and known to me to be the individual(s) described in and who executed the foregoing instrument, and they duly acknowledged to me that they executed the same. _________________________________________ Notary Public 10 STATE OF NEW YORK ) ) COUNTY OF TOMPKINS ) On this __________ day of ______________, 2009 before me, appeared_____________________________________ to me known, and known to me to be the individual(s) described in and who executed the foregoing instrument, and they duly acknowledged to me that they executed the same. _________________________________________ Notary Public