HomeMy WebLinkAbout2020-04-16TB 4-16-20
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TOWN OF DRYDEN
TOWN BOARD MEETING
April 16, 2020
Held via Zoom
Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley,
Cl Kathrin Servoss, Cl Loren Sparling,
Elected Officials: Bambi L. Avery, Town Clerk
Rick Young, Highway/DPW Superintendent
Christopher Clauson, Asst DPW Superintendent
Other Town Staff: Ray Burger, Planning Director
Khandi Sokoni, Town Attorney
Jennifer Case, Bookkeeper
Supv Leifer opened the meeting at 6:00 p.m.
Approval of Minutes
RESOLUTION #57 (2020) – APPROVE MINUTES
Cl Skaley offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of March 12
and March 19, 2020.
2nd Supv Leifer
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
HIGHWAY DEPARTMENT
R Young reported that he will have some of his staff working and they will do what they
can. They’ve done some driveway pipes. They have one person in a truck and have masks for
employees. It appears that CHIPS and PaveNY money may not be certain this year and he will
not spend any CHIPS funding unless he knows that it will actually be received. He could
spend local money up to the amount budgeted for CHIPS money then apply for reimbursement
and see what happens. Cl Leifer agreed that would be a good way to proceed.
Town Highway Superintendents met with the County Highway Manager. There is a lot
of conflicting instruction and direction. R Young said he will continue to do what he can within
limits including getting some plow damage cleaned up. He’ll need to discuss the multi-modal
grant with the Supervisor. Staff continue to clean trucks and office equipment.
PLANNING DEPARTMENT
R Burger said they have had some instances of businesses attempting to remain open
when they shouldn’t. Two code enforcement officers have been coming in and handling
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inquiries and applications and issuing building permits for solo projects. Meetings with
developers are being held via zoom for possible future matters.
The Planning Board held a meeting on the comp plan last night and will meet next
week. There are two sketch plans on that agenda (5-9 Freese Road and the Dollar General
Store at 1408 Dryden Road). They are looking at doing a community survey for the comp plan.
IAWWTF
The boilers at the Ithaca Area Wastewater Treatment Plant need to be replaced and they
will first do a feasibility study. There will probably b e a proposal from that to do a replacement
and then the town will likely need to do a public interest order for that larger project. The cost
to the town for the study is less than $400.00.
RESOLUTION #58 (2020) – AUTHORIZING IAWWTF BOILER
REPLACEMENT ENGINEERING STUDY
Supv Leifer offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden is a party to a Joint Sewer Agreement among the Town
of Dryden, Town of Ithaca and City of Ithaca (“Owners”), dated December 22, 1981 , and amended
April 11, 1984, which governs the operations of the Ithaca Area Wastewater Treatment Facility
(IAWWTF) located at 525 Third Street in the City of Ithaca, and
WHEREAS, the IAWWTF is owned and managed jointly by the City of Ithaca, Town of
Ithaca and Town of Dryden, which wastewater treatment facility provides wastewater treatment
services for the Town of Dryden Consolidated Sewer District, previously comprising Sewer Benefit
Districts known as Varna (SS2), Monkey Run (SS4), Turkey Hill (SS5), Peregrine Hollow (SS6)
and Royal Road (SS7) which effective January 1, 2020 became the Town of Dryden Consolidated
Sewer District, and
WHEREAS, MRB Group, Engineering, Architecture, Surveying, P.C., submitted a
proposal for engineering services dated February 11, 2020 to the Chief Operator of the IAWWTF
seeking to prepare a Boiler Evaluation Study in which MRB would evaluate the existing condition
of the equipment in the boiler room at the IAWWTF and identifying what equipment will be most
useful in the future, and
WHEREAS, the study proposed by MRB proposes to review:
A. Boiler Evaluation -
a. Assess existing boilers.
b. Identify replacement boiler options (number, styles, sizes, duel fuel options).
B. Energy Evaluation –
a. Evaluate Biogas and Natural Gas usage at plant.
b. Evaluate redundancy needs.
c. Evaluate biogas use in microturbines with heat recovery vs use for heating.
d. Consider potential heating needs for future sludge processing projects.
e. Check for current grant funding opportunities to see if either the study/design
phase or construction phase might be eligible.
WHEREAS the Special Joint Committee (SJC) which provides oversight of the operations
of the IAWWTF by resolution adopted on March 18, 2020 recommended to the Owners to
establish IAWWTF Capital Project 423J Boiler Room Evaluation in an amount not to exceed
$18,500, and
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WHEREAS the SJC recommended to the Owners that this project be authorized and
funded from the IAWWTF Capital Reserve fund in an amount not to exceed $18,5 00 for the
Engineering costs required for Ithaca Area Wastewater Treatment Facility Boiler Room
Evaluation, and
WHEREAS, the Boiler Evaluation Study has heretofore been determined by the Town
Board to be a "Type II Action" pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, and will not require any environmental review for the following reasons: Under Section
617.5 (c) (24) of the SEQRA regulations information collection including basic data collection and
research, water quality and pollution studies, traffic counts, engineering studies, surveys,
subsurface investigations and soils studies that do not commit the agency to undertake, fund or
approve any Type I or Unlisted action are Type II actions, and
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, as
follows:
1. The Town Board finds that the Boiler Engineering Study proposed by MRB is in the public
interest.
2. The Town Board authorizes the Boiler Engineering Study which consists of:
A. Boiler Evaluation -
a. Assess existing boilers.
b. Identify replacement boiler options (number, styles, sizes, duel
fuel options).
B. Energy Evaluation –
a. Evaluate Biogas and Natural Gas usage at plant.
b. Evaluate redundancy needs.
c. Evaluate biogas use in microturbines with heat recovery vs use
for heating.
d. Consider potential heating needs for future sludge processing
projects.
e. Check for current grant funding opportunities to see if either the
study/design phase or construction phase might be eligible.
3. The Town Board authorizes payment for the Boiler Engineering Study in an amount not
to exceed $18,500, with the Owner contributions being as follows:
City of Ithaca: $10,570.90
Town of Ithaca: $7,562.80
Town of Dryden: $366.30
4. The Town Board authorizes the IAWWTF Capital Project 423J Boiler Room Evaluation
Capital Reserve Fund in an amount not to exceed $18,500 and that this project be
authorized and funded from this Capital Fund. The Town of Dryden’s contribution to the
Capital Fund will be paid by expenditure of current revenues and surplus funds from
water and sewer rents and charges from the Town of Dryden sewer districts served by the
said IAWWTF.
5. The proposed Boiler Evaluation Study Project has heretofore been determined to be a
"Type II Action" pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act, the implementation of which as proposed, the Town Board has determined,
will not require any environmental review for the following reasons: Under Section 617.5
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(c) (24) of the SEQRA regulations information collection including basic data collection
and research, water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit the agency to
undertake, fund or approve any Type I or Unlisted action are Type II actions.
6. The Town Clerk of the Town of Dryden is directed to attach a copy of the MRB Boiler
Engineering Study Proposal to the minutes of the Town Board meeting at which this
resolution is approved.
2nd Cl Lamb
Roll Call Vote Cl Sparling Yes
Cl Servoss Abstained
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Supv Leifer said the facility has a upgrade in the future to update the phosphorous
removal system. Documents have been shared with the board. The total project cost is
$102,685.00. The town’s portion of that is $2,033.16 and the board will take action next
month.
Varna Water/Sewer
Cl Skaley that the Supervisor needs authorization to sign several documents in
connection with the application for funding for replacement of the water and sewer
infrastructure in the Varna area. He has prepared a proposed resolution. There is a specific
application that will have to be filled out once the town is in the cue for funding.
RESOLUTION #59 (2020) – AUTHORIZE SUPERVISOR TO SIGN DOCUMENTS IN
CONNECTION WITH APPLICATION FOR FUNDING FOR VARNA WATE R/SEWER
REPLACEMENT
Cl Skaley offered the following resolution and asked for its adoption:
WHEREAS, the Town of Dryden has initiated actions to apply for funding from the
Environmental Facilities Corporation to replace sewer and water mains in the Hamlet of Varna,
and
WHEREAS, there are several incremental steps needed to be advanced in order to complete an
application for funding separately the sewer and the water main replacement, and
WHEREAS, these incremental steps include the following: full engineering report, a smart
growth assessment form, a SEQR, a certified resolution authorizing the Town to apply which
includes the need to borrow funds—this includes Bond Anticipation Note resolutions each to
borrow for sewer main replacement and to borrow for water main replacement, and finally a
SHPO letter establishing that there are no historical artifacts within the project area, and
WHEREAS, several of the forms for the application process require that the Supervisor sign
documents and also schedule hearings, be it therefore
RESOLVED, that the Supervisor is hereby granted authority to sign necessary documents and
to schedule appropriate hearings as appropriate so as to complete the overall application in a
timely manner.
2nd Supv Leifer
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Roll Call Vote Cl Sparling Yes
Cl Servoss Abstained
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Freese Road Bridge
Cl Lamb read a proposed resolution regarding Freese Road Bridge, seconded by Supv
Leifer. He said this is an attempt to meet the core needs of the town (pedestrian and vehicular
safety) and the desire of the community for a single lane bridge. The state would require the
mitigation of a signal light on each end of a single lane bridge. It is not anticipated that traffic
on this road will increase in the future. R emoving the pier from the creek will result in
improved hydraulics for the creek. Cl Lamb would like this resolution to pass unanimously
because he anticipates there still may be an adverse impact by removing the historic bridge.
This is preferable to the twinning option. Cl Servoss said this is not her preference, but
because the resolution will pass anyway, she will vote yes.
Board discussion/comments:
• Choosing alternative 6 will allow for adding a pedestrian walkway.
• Bruce Brittain has submitted some sketch and the board would like to see some of those
components incorporated in the design.
• The bridge would be built to accommodate emergency vehicles.
• This work could be taken into account in the flood plain study.
• Traffic on the road is not anticipated to increase.
• The resolution represents a reasonable compromise of the interests of the community and
concerns of NYS DOT and others involved.
Laurie Snyder – This is a compromise. It meets some of the community’s strongly held
feelings and there are some things that were not part of their original set of goals. This is
positive step forward in the 3.5 year impasse.
Linda Lavine – Is thrilled. It has been a long time coming and she thinks it is the
perfect compromise. She applauds everyone for what seems to be a reasonable solution.
Chuck Geisler – Thanked Rick Young, Kathy Servoss and others who initially
expeditiously and professionally applied for the grant. We’ve all learned a lot about traffic and
technology. Bruce Brittain coming forward further dignified the compromise. He is grateful to
all parties. The symbol of a bridge is bringing a community together and this is a good motion.
Martha Robertson – Thanked everyone involved in this who has evolved and moved and
studied. David Weinstein is now clearly the bridge expert of Tompkins County. She hopes that
DOT will realize that the traffic lights are overkill and not necessary. She thanked Dan Lamb
for going through this and for really listening and thanked the board for paying attention to
what is clearly a community value and a community interest.
Khandi Sokoni, as counsel for the town – said someone should address safety because
earlier in the process when options were being reviewed the board had asked her to advise on
whether the town would ever be liable on safety grounds if they chose an option that wasn’t
safe. It would be good if the record reflected to what extent safety is involved in this decision.
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Cl Lamb – The town is conforming with the state DOT one lane bridge policy, so that
box is checked. We are building it to their design standards. That liability question had been
raised at a meeting in January in Varna and the State’s answer was that everyone would be on
the hook, town, county, and state. There wasn’t a precedent to look at and the state couldn’t
say who would be most liable. He said the town is conforming with what the state is requiring
in terms of mitigation for safety.
Cl Skaley – B & L studies had shown average speed on a one lane bridge at 28 mph and
on a two lane bridge at 45-50 mph. Wider areas allow for faster traffic. Speed is a bigger
indicator of potential accidents than other things. It is something that we can control , and a
one lane bridge allows people to see what is coming on the other side and stop and wait. He
doesn’t believe this new proposal will generate any safety issues.
David Weinstein – commended the board for being willing to consider and support a
compromise like this. He will do whatever he can to work with the SHPO folks to understand
that this is really a preservation of history that is supported by the community.
M Robertson – Speed is really the most important safety issue.
Resolution #60 (2020) -Amendment to the Purpose and Needs Statement and Alternative
Comparison Table for the Freese Road Bridge over Fall Creek Project, PIN #3756.41
Cl Lamb offered the following resolution and asked for its adoption:
Whereas, the Town of Dryden was awarded a BridgeNY Grant in January 2017 for the
rehabilitation or replacement of the Freese Road Bridge over Fall Creek, BIN #3209800, and
Whereas, the Town acknowledges correspondence from the New York State
Department of Transportation received on March 26, 2020, that clarified and confirmed the
State’s One-Lane Bridge Policy,
Whereas, thirteen alternative designs were discussed and researched, with extensive public
input, during the preliminary design phase, and
Whereas the Town has received considerable input from the community in support of
maintaining a single lane bridge in Varna, and
Whereas the Town wishes to revise its prior Purpose and Needs Statement for the Freese Road
Bridge project, deleting “Need to improve Bridge Infrastructure to provide a safe, unposted,
two-lane crossing”, and
Whereas, the Town Board has re-examined Alternative 6, in consultation with the Town
Highway Superintendent, the Friends of the Freese Road Bridge group, and the Town’s
engineering consultant, and has determined that Alternative 6 meets the revised Purpose or
Needs Statement, and
Whereas, Alternative 6 would cause a new single span, one-lane bridge to be constructed while
re-using the existing truss from the current one lane bridge as a façade, now therefore be it
RESOLVED, that the Town Board establishes Alternative 6 as its preferred alternative.
2nd Supv Leifer
Roll Call Vote Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
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Cl Lamb Yes
Supv Leifer Yes
COVID-19 – Proactive Planning Tools
Nina Saeli, Public Health Preparedness Coordinator, gave the attached presentation on
responding in a pandemic and slowing the spread of disease.
The information and structure presented can be utilized by the town and its Safety and
Emergency Preparedness Committee. There are other groups working in the community to fill
in gaps and this process would potentially identify areas yet to be addressed.
COUNTY BRIEFING
Martha Robertson gave an update from the Facilities & Infrastructure Committee
meeting this morning. The Etna bridge project is moving forward, and we have to figure out
how to hold public meetings and have some outreach because this is a federal aid project.
Over 1,000 responses were received on the Route 13 survey and the results should be
available soon. That committee meets again next week.
M Robertson said she hopes the Planning Board takes time to introduce the project to
the west side of town. She doesn’t think people are aware of it and with the pandemic it may be
difficult to get people’s attention at all. She asked that comprehen sive outreach to the west
side happen.
The weekly calls with Jason Molina and Frank Kruppa are a good way to get
information. There are also weekly calls (Thursday at 9:45 a.m.) with non -profit agencies.
She is chair of the budget committee this year as well as the Tompkins Inter-
governmental Relations Committee and that committee has been actively lobbying with respect
to the federal stimulus bills. At this point the county could be looking at a 9 to 19-million-
dollar shortfall with sales tax being the biggest gap. But it’s too early to know because we don’t
know what’s coming from the federal government. The way the state budget was negotiated the
Governor has the right at three different points in the year to unilaterally re -calculate things
like reimbursements for probation and public health that the county depends on. They will
have a budget retreat at the end of April to look at the big picture. Sales tax for the first few
months of the year came in over budget.
ADVISORY BOARD UPDATES
Conservation Board – met in February and discussed the comp plan process. They are
concerned about preserving agriculture because it maintains open space and would like the
natural resources plan they produced incorporated into the comp plan process.
Ag Committee – Supv Leifer said there is an effort to obtain masks for agriculture
workers.
DRYC – Supv Leifer said the rec department is pretty much shut down. The County
has put out some guidance about trail use and maintaining social distancing protocol. Cl
Sparling said there will be some programming available to youth through Cooperative
Extension.
Planning Board – The comp plan steering committee had a successful zoom meeting.
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Pursuant to the Governor’s executive order, there will be no late charges levied on
water/sewer charges billed or to be collected in April.
Cl Skaley said he has drafted a local law which incorporates what the Planning Board
presented in February. It is currently being reviewed by the Planning Director, the town
attorney, and David Weinstein representing the Planning Board. After review, he will forward it
to the entire board.
On motion made, seconded and unanimously carried, the meeting was adjourned at
8:00 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
www.mrbgroup.com
Engineering, Architecture, Surveying, D.P.C.
The Culver Road Armory - 145 Culver Road, Suite 160, Rochester, NY 14620 - 585-381-9250; FAX 585-381-1008
February 11, 2020
Mr. Carl Kilgore, Jr.
Chief Operator
Ithaca Area WWTP
525 Third Street
Ithaca, NY 14850
RE: PROPOSAL FOR PROFESSIONAL SERVICES
BOILER ROOM EVALUATION
ITHACA AREA WWTP
Dear Mr. Kilgore:
We are pleased to present our proposal for assistance in evaluating the existing
condition of the equipment in the boiler room at the WWTP, and identifying
what equipment will be most useful in the future.
I. Background
The boiler room at the WWTP has a number of boilers used for comfort
heating of indoor spaces and for process heating of the anaerobic
digesters. After the major WWTP upgrade in 1987 the boiler room
contained one biogas boiler, one natural boiler and one dual fuel boiler.
In 2015 the natural gas boiler was replaced with tw o new high efficiency
CAMUS Model DRNH-2000-MSI natural gas boilers. The biogas boiler and
the dual fuel boiler have been in service for 32 years and are
approaching the end of their useful lives, as evidenced by frequent water
leaks. Both of the newer high efficiency boilers have proved to be
maintenance intensive and one may already be approaching the end of
its useful life.
More recent improvements, installed as part of the microturbine and
biogas upgrade project in 2007-2009, resulted in the installation of biogas
monitoring, pressurization, and storage systems. These improvements
have allowed for higher utilization of biogas in both the boilers and
microturbines in recent years. A study is needed to determine if the
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2020
Page 2
biogas produced is more valuable when used in boilers to produce heat,
or in the microturbines to produce heat and electricity, or a combination
of both.
II. Scope of Services and Compensation
MRB Group will assist the City in performing the following services:
Boiler Evaluation: Our sub-consultant, Jade Stone Engineering, will visit the
boiler room and assess the condition of the existing boilers based on visual
inspection. Jade Stone will then:
A. Identify what large, durable, cast iron or other design sectional
boilers are commercially available for WWTP boiler room service,
and obtain pricing quotations for these items sized to replace the
existing dual fuel boilers (2 boilers or different sizes). Obtain pricing
quotations from 3 different vendors, if that many vendors exist.
B. Identify what high efficiency natural gas boilers are commercially
available for WWTP boiler room service and obtain pricing
quotations from 3 vendors for these boilers based on the same heat
input as for the dual fuel boilers in item A above.
C. Identify commercially available boilers with dual fuel (natural gas or
biogas) burners and comment on how the blower controls on these
dual fuel boilers must be changed in order to switch between fuels.
If such boilers are commercially available, obtain pricing quotations
from 3 vendors for equipment sized to replace the existing dual fuel
boilers.
D. Provide a letter report:
1. Describing the current condition of the existing boilers and a
priority order for replacement of the boilers if that is indicated
2. Including the information gathered as part of items A-C above.
Energy Evaluation: MRB Group staff will provide the following services:
E. Gather the records of the last three years of biogas production and
usage to determine how much biogas has been produced, how
much has been used in microturbines, how much has bene used in
boilers, and how much has been flared. A table reflecting the
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2020
Page 3
monthly biogas usage will be prepared to allow the City to observe
the seasonal changes in how biogas is used.
F. Gather the records of the last three years of natural gas usage and
prepare a table showing this data on a monthly basis. We will verify
that all of the natural gas used at the plant is used for comfort and
process heating.
G. Evaluate the existing comfort and process heating loads at the
WWTP to determine how much boiler capacity is required currently
and make estimates of future heat needs which will be affected by
the sludge thickening project and other planned projects.
H. Determine the current cost of electricity and natural gas based on
monthly utility bills and identify the billing rate structure for each
energy source. Understanding the demand/usage billing rate for
electricity is critical in the analysis of energy usage, and will be
described in the report prepared for this project.
I. Quantify the cost to own and operate the boilers and the
microturbines by determining the ongoing capital costs for each
item, including the cost to operate the biogas cleaning skid, and
the cost of contract maintenance on the boilers and microturbine
systems.
J. Use the data gathered on biogas production, utility costs, and
operation and maintenance costs to determine the most
economically beneficial biogas usage plan.
K. Evaluate redundancy/back-up provisions. The original design had a
form of redundancy with a single dual fuel boiler being available as
a back up to either the natural gas boiler or the biogas boiler. We
will comment on what redundancy makes sense for an updated
boiler room arrangement.
L. Evaluate the effect of using high efficiency boilers versus lower
efficiency (more robust) boilers on both fuel and maintenance
costs. The lower efficiency boilers have lasted over 30 years in the
existing boiler room and clearly have certain advantages over the
higher efficiency boilers. Our report will quantify the economic cost
of fuel usage and maintenance of low and high efficiency boilers.
M. Check the current NYSERDA PON schedule, and WIAA list of grant
opportunities, to see if either the study, design work, or the
construction phase of a future boiler room project might be eligible
for grant funding.
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2020
Page 4
N. Prepare a report containing the information gathered during the
project and provide the City with 3 paper copies of the report plus
an electronic copy.
O. Meet with you and other City staff to discuss the draft findings and
respond to any questions or comments in our draft report.
P. Provide you with 3 paper copies and a pdf copy of our final report.
We propose to perform the scope of services described on a lump sum
fee basis.
Boiler Room Study Report (Lump Sum) .......................................... $18,500.00
The cost figures shown above represent our lump sum amount. Any
additional work beyond this fee and outside the scope of this proposal
would be reviewed with the Client. MRB Group shall submit monthly
statements for services rendered during each invoicing period based on
the efforts performed during that period. MRB Group Standard Rates are
subject to annual adjustment.
III. Additional Services
The following items, not included in the above services can be provided
on an hourly basis, but would only be performed upon receipt of the
City’s authorization.
A. Detailed design work for boiler, pumping, or piping systems.
B. Preparation of construction documents for the boiler room project.
C. Preparation of grant funding applications.
D. Additional review meetings beyond those described.
E. Preparation of drawings of the boiler room.
IV. Commencement of Work
Upon receipt of the signed proposal, MRB Group will begin work on the
project. We anticipate completing the project in 3-4 months from starting
the work.
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2020
Page 5
V. Standard Terms and Conditions
Attached hereto and made part of this Agreement is MRB Group’s
Standard Terms and Conditions.
If this proposal is acceptable to you, please sign where indicated and return
one copy to our office. We have included an additional copy for your records.
Thank you for your consideration of our firm. We look forward to working with
you on this project.
Sincerely,
Timothy P. Carpenter, P.E. James J. Oberst, P.E., LEED AP
Project Manager Executive Vice President/C.O.O.
J:\630006\Ltrs-Proposals\2020\tpc-Ithaca Boiler Room Evaluation 2020 Rev 1.doc
Enclosure
PROPOSAL ACCEPTED FOR THE ___________________________________ BY:
Signature Title Date
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2019
Page 6
MRB GROUP, ENGINEERING, ARCHITECTURE, SURVEYING, D.P.C.
AGREEMENT FOR PROFESSIONAL SERVICES
STANDARD TERMS AND CONDITIONS
A. TERMINATION
This Agreement may be terminated by either party with seven days’ written notice in the event of
substantial failure to perform in accordance with the terms hereof by one party through no fault of the
other party. If this Agreement is so terminated, the Professional Services Organization (hereinafter referred
to as P.S.O.) shall be paid for services performed on the basis of his reasonable estimate for the portion of
work completed prior to termination. In the event of any termination, the P.S.O. shall be paid all terminal
expenses resulting therefrom, plus payment for additional services then due. Any primary payment made
shall be credited toward any terminal payment due the P.S.O. If, prior to termination of this Agreement,
any work designed or specified by the P.S.O. during any phase of the work is abandoned, after written
notice from the client, the P.S.O. shall be paid for services performed on account of it prior to receipt of
such notice from the client.
B. OWNERSHIP OF DOCUMENTS
All reports, drawings, specifications, computer files, field data and other documents prepared by the
P.S.O. are instruments of service and shall remain the property of the P.S.O. The client shall not reuse or
make any modification to the instruments of service without the written permission of the P.S.O. The client
agrees to defend, indemnify and hold harmless the P.S.O. from all claims, damages, liabilities and costs,
including attorneys’ fees, arising from reuse or modification of the instruments of service by the client or
any person or entity that acquires or obtains the instruments of service from or through the client.
C. ESTIMATES
Since the P.S.O. has no control over the cost of labor and materials, or over competitive bidding and
market conditions, the estimates of construction cost provided for herein are to be made on the basis of
his experience and qualifications, but the P.S.O. does not guarantee the accuracy of such estimates as
compared to the Contractor's bid or the project construction cost.
D. INSURANCE
The P.S.O. agrees to procure and maintain insurance at the P.S.O.'s expense, such insurance as will
protect him and the client from claims under the Workmen's Compensation Act and from claims for
bodily injury, death or property damage which may arise from the negligen t performance by the P.S.O.
or his representative.
E. INDEPENDENT CONTRACTOR
The P.S.O. agrees that in accordance with its status as an independent contractor, it will conduct itself
with such status, that it will neither hold itself out as nor claim to be an officer or employee of the client, by
reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any
right or privilege applicable to an officer or employee of the client, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits or Social Security coverage.
Mr. Carl Kilgore
Ithaca Area WWTP
RE: BOILER ROOM EVALUATION
February 11, 2020
Page 7
F. SUCCESSORS AND ASSIGNS
The client and the P.S.O. each binds himself and his partners, successors, executors, administrators and
assigns to the other party of this Agreement and to the partners, successors, executors, administrators and
assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the
client nor the P.S.O. shall assign, submit or transfer his interest in this Agreement without the written
consent of the other.
G. P.S.O. NOT RESPONSIBLE FOR SAFETY PROVISIONS
The P.S.O. is not responsible for construction means, methods, techniques, sequences or procedures, time
of performance, programs, or for any safety precautions in connection with the construction work. The
P.S.O. is not responsible for the Contractor's failure to execute the work in accordance with the Contract
Drawings and/or Specifications.
H. INVOICES AND PAYMENT
Client will pay MRB Group, Engineering, Architecture, Surveying, D.P.C. for services in respect of the
period during which Services are performed in accordance with the fee structure and work estimate set
forth in the proposal. Invoices will be submitted on a periodic basis, or upon compl etion of Services, as
indicated in the proposal or contract. All invoices are due upon receipt. Any invoice remaining unpaid
after 30 days will bear interest from such date at 1.5 percent per month or at the maximum lawful interest
rate, if such lawful rate is less than 1.5 percent per month. If client fails to pay any invoice when due, MRB
may, at any time, and without waiving any other rights or claims against Client and without thereby
incurring any liability to Client, elect to terminate performance of Services upon ten (10) days prior written
notice by MRB to client. Notwithstanding any termination of Services by MRB for non-payment of
Invoices, Client shall pay MRB in full for all Services rendered by MRB to the date of termination of Services
plus all interest and termination costs and expenses incurred by MRB that are related to such termination.
Client shall be liable to reimburse MRB for all costs and expenses of collection, including reasonable
attorney’s fees.
I. FEES REQUIRED FROM JURISDICTIONAL AGENCIES
MRB Group, D.P.C. is not responsible for nor does the Compensation Schedule established in the
Agreement include fees or payments required of jurisdictional agencies. The client herein agrees to pay
all application, entrance, recording and/or service fees required by said agencies.
J. P.S.O. NOT AN EMPLOYEE
The P.S.O. agrees not to hold himself out as an officer, employee or agent of the Owner, nor shall he
make any claim against the Owner as an officer, employee or agent thereof for such benefits accruing
to said officers, employees or agents.
K. INDEMNITY
The Owner will require any Contractor and Subcontractors performing the work to hold it harmless and
indemnify and defend the Owner and P.S.O., their officers, employees and agents from all claims
resulting from the Contractor's negligence in the performance of the work.
RESOLUTION #64 (2020) – ADOPT PUBLIC INTEREST ORDER IAWWTF GRIT
REMOVAL IMPROVEMENTS
Councilperson Skaley offered the following resolution and asked for its adoption:
RESOLVED, that Dryden Town Board hereby adopts the following Public Interest Order
In the Matter
of
the Proposed Improvement Project Pursuant to
Town Law §202-b for the Wastewater
Treatment Plant in the City of Ithaca serving the
Town of Dryden known as the Actiflow Capital
Project
ORDER CALLING
PUBLIC HEARING
WHEREAS, a plan and proposal have been duly prepared in such manner and in such detail
as heretofore has been determined by the Town Board of the Town of Dryden, Tompkins County,
New York, relating to the Capital Project recommended by the Special Joint Committee (SJC) for
Replacement Pumps and Piping for the Actiflow High Rate Sand Ballasted Tertiary Treatment
Phosphorus Removal System, pursuant to Town Law § 202-b, at the Ithaca Wastewater Treatment
Facility (IAWWTF) in the City of Ithaca owned and managed jointly by the City of Ithaca, Town
of Ithaca and Town of Dryden (Owners), which wastewater treatment plant provides wastewater
treatment services for the Town’s Consolidated Sewer Districts served by such wastewater
treatment plant, such improvements to be constructed and owned by Owners, and
WHEREAS, said plan and report have been prepared by Koester Associates and have been
filed in the office of the Town Clerk where they are available for public inspection, and
WHEREAS, on April 15, 2020, the Special Joint Committee SJC resolved to recommend
to the Owners to establish IAWWTF Capital Project 424J Replacement Pumps and Piping for the
Actiflow Tertiary Treatment Phosphorus Removal System in an amount not to exceed
$102,685.00, and
WHEREAS, the SJC thereby recommended authorization of this project contingent upon
action by Owners committing their percentage of reimbursement shares to the Joint Activity Fund
allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $58,674.21
Town of Ithaca 40.88 $41,977.63
Town of Dryden 1.98 $2,033.16
=============
TOTAL: $102,685.00
=============
WHEREAS, the IAWTTF serves the Town of Dryden Consolidated Sewer District, and
WHEREAS, the maximum proposed to be expended for the improvements is $102,685.00
of which Town of Dryden’s share is $2,033.16, with the proposed method of payment being that
the Town will reimburse the City of Ithaca for the former’s share pursuant to a contract betwee n
the Town and the City of Ithaca. The Town will not issue or co-issue any bonds but pay its share
of expenses from sewer rents and charges from the Consolidated Sewer District, and
WHEREAS, due to the Corona Virus/COVID-19 pandemic, the Governor of the State of
New York has authorized municipalities to conduct certain public hearings and meetings by virtual
means in order to ensure the public health and safety, be it now
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden,
Tompkins County, New York, as follows:
Section 1. A public hearing is scheduled for June 11, 2020 at 6:05 PM via Zoom, to
determine whether it is in the public interest to approve a Capital Project for Replacement Pumps
and Piping for the Actiflow High Rate Sand Ballasted Tertiary Treatment Phosphorus Removal
System at IAWWTF, as recommended by the SJC. Access details for the Zoom meeting shall be
posted on the Town of Dryden website at www.dryden.ny.us 24 hours prior to the date of the
hearing. In addition to participation in the public hearing via Zoom, all members of the public
wishing to submit written comments on this proposal may do so in writing addressed to the Town
Clerk at 93 East Main Street, Ithaca, NY 13053 or by email to townclerk@dryden.ny.us
Section 2. The Town Clerk of the Town of Dryden is hereby authorized and directed to
cause a copy of this order to be published once in the Ithaca Journal and also to post a copy on the
Town website and notice boards not less than 10 nor more than 20 days before the date of the
hearing.
Section 3. This order shall take effect immediately.
2nd Supervisor Leifer
The question of the adoption of the foregoing Order was duly put to a vote on roll call, which
resulted as follows:
Roll Call Vote: Cl Sparling Yes
Cl Servoss Yes
Cl Skaley Yes
Cl Lamb Yes
Supv Leifer Yes
Bambi L. Avery
Town Clerk
Building a
Community Incident
Response Structure
NINA SAELI
Incident Command System
A management system designed to enable
effective and efficient domestic incident
management by integrating a combination
of facilities, equipment, personnel,
procedures, and communications operating
within a common organizational structure.
These materials were developed specifically for organizations / communities that have little understanding of the Incident Co mmand System.
Purpose of this Presentation
•Provide ideas and concepts for a
community to respond in an organize
fashion.
•To be modified and used by each community
in a way that meets that community’s needs.
The user(s) of this material must define community for themselves. Community can be a village, town, church, business, school , etc…
Community Mitigation
Measures
•Active measures that individuals and
communities can take to help slow the
spread of illness or reduce the adverse
impacts of public health emergencies.
•These are sometimes called Non-
Pharmaceutical Interventions (NPI’s).
•Only protection a community has when
facing a virus for which there is no vaccine.
Please review the one-page paper on “Community Mitigation Measures” as they drive many of objectives in pandemic incident respon se.
Incident Command
•In ICS, the incident commander is a single
person.
•Some organizations already have a structure
in place for decision making and for the
delegation of tasks.
•For the purposes of this presentation only, I
use a local Town as the community for which
an Incident Response Structure could be
built.
ICS Structure
•The ICS Structure is meant to expand and
contact as needed.
•The structure should as small or large as
necessary to accomplish its mission and
objectives.
•The structure in this presentation is meant
to engage community leaders and members
to work together to build to support one
another during the COVID-19 event.
Structure vs. Community
•The response structure for a small
community may require more people than
are in ‘official’ positions.
•Small communities should use community
members in leadership roles, such as
business owners, ministers, librarians, etc…
•Any desire to build a resilient community
requires that community work together.
Incident Command Team
(Supervisor and Town Board)
•Town supervisors and town board members are
elected officials
•Each has authorities persuaded to their town,
county and state codes/laws.
•Base on the relationship, they can serve as an
Incident Command Team.
•Proposed Mission: Provide guidance and direction
for incident response.
Public Information Task Force
Lead: _____________
Co Lead: _____________
Coordination Teams
_______ Website Team
_______ Newsletter Team
_______ Social Media Team
Duties and Responsibilities : Maintain an open and informative
communications structure between local government and community leaders
and our residents.
Planning Section
Chief: _____________
Deputy: _____________
Teams
_______ (Name) (Planning Project)
_______ (Name) (Planning Project)
Duties and Responsibilities: Documents everything that happens during the
incident. Collaborates to project and forecast what may happen in the future,
including the incident objectives. Develop and coordinate plans to support
incident goals. Conduct risk assessments as necessary based on potential
emergency scenarios.
Logistics Section
Chief: _____________
Deputy: _____________
Teams
_______ Add individuals/teams only as needed
Duties and Responsibilities: Collect all supply requests from community and
collate into a single request to the county. Coordinate with/for other logistical
needs, such as facilities, services, and materials.
Community Support Task Force
Lead: _____________
Co Lead: _____________
Coordination Teams
_______ Food & Nutrition Team
_______ Mental and Spiritual Health Team
_______ ????????
Duties and Responsibilities : To identify possible needs of our residents that
would prohibit them from remaining in isolation and/or quarantine and
identify local resources that could support those needs. Collaborate with the
Good Neighbor Strike Team Lead to 1) support link resources with
individuals/families and 2) continue to update the resource categories as new
information from residents come available.
Good Neighbor Strike Team
Lead: _____________
Co Lead: _____________
Good Neighbor List
_______ (Name)
_______ (Name)
_______ (Name)
Duties and Responsibilities: Collaborates directly with the Community Support
Task Force. Contacts select individuals/households at least once every 2 weeks
to assess their well being.
Psychological First Aid (PFA)
•Good Neighbor Strike Team member should
take a PFA certification course.
•Recommended PFA course:
http://learn.nctsn.org/index.php. Register for an account; take the PFA
course and exam. Although the NCTSN training site tells you to ‘click
Home’ to move to the next module, you may have to exit the site and log
in again to go on to the next module; this is computer dependent.
Essential Services Support
Strike Force
Lead: _____________
Co Lead: _____________
Teams
_______ (Individual)
_______ (Individual)
_______ (Individual)
_______ (Individual)
Duties and Responsibilities: To identify community essential services and work
with those service providers to ensure services are provided safety by
incorporating all community mitigation measures into day to day operating
procedures.
Examples of essential services, utility service providers, food service providers, to include food pantries, and local farms.
Agriculture Task Force
Lead: _____________
Co Lead: _____________
Teams
_______ ….Farm
_______ ….Farm
_______ ….Farm
_______ ….Farm
Duties and Responsibilities: Collaborate and identify methods to fill food
security gaps and support local food systems.
Economic Development
Task Force
Lead: _____________
Co Lead: _____________
Teams
_______ Local Rotary Member
_______ Local business leaders
_______ ?????
_______ ?????
Duties and Responsibilities: Plan, design, and implement ‘Livelihood’ activities
and interventions for residents and businesses.
Recovery Task Force
Lead: _____________
Co Lead: _____________
Teams
_______ (Local Planning Board Member(s))
_______ Highway Superintendent
_______ ?????
_______ ?????
Duties and Responsibilities: Plan, design, and implement ‘Livelihood’ activities
and interventions for residents and businesses.
Volunteer Coordinator
Lead: _____________
Co Lead: _____________
Teams
_______ (Local Planning Board Member(s))
_______ Highway Superintendent
_______ ?????
_______ ?????
Duties and Responsibilities: Responsible for recruiting and managing groups
of volunteers. .
Using Volunteers
•Use established volunteer organizations,
such as Citizen Emergency Response Teams
(CERT), Rotary Clubs, Veteran Organizations,
etc…
•All volunteer activity should be coordinated
through the Incident Command Team to
ensure that efforts are not being duplicated.
Education Task Force
Lead: (School Supervenient)
Co Lead: _____________
Teams
_______ Education Team
_______ Nutrition Team
_______ Facilities Team
_______ Transportation Team
Duties and Responsibilities: : Develop Non Pharmaceutical Intervention (NPI)
Plans to reduce the spreads of disease in schools. Develop methods for
continued education and delivery of health meals to students. Continue to
conduct critical facility functions to ensure facilities are ready to used once
shelter-in-place orders are removed.
Please review the K-12 school NPI planning materials.
Span of Control
•The number of direct report an individual
may have.
•Optimal = 5 direct reports
•Acceptable = 3-7 direct reports
Incident Objectives
•All response work should be driven by well written
incident objectives.
•Objective keep teams focused.
•Track your Objectives (Accomplishments)
•Write SMART objectives:
✓Specific
✓Measurable
✓Attainable
✓Relevant
✓Time-Based
Safety
•Discourage residents from accepting
assistance from unknown persons or
sources.
•Remember the needs of your leaders and
volunteers. Check in on them regularly.
Supporting Documents
•Incident Management Team, MS Excel.
•Resource Tracker, MS Excel.
•Incident Action Objective Tracker, MS Excel.
•Change/Modify as needed; make these your
documents.
Getting Started
•This information is new for a lot of people.
•Do not try to do too much too fast.
•Build your structure slowly, focusing on
what already exists within the community.
•Remember the span of control. Do not
overwhelm individuals.
Incient Position Last Name First Name Position Primary Phone Secondary Phone Email
Incident Command Team Town Supervisor
Incident Command Team Board Member
Incident Command Team Board Member
Incident Command Team Board Member
Incident Command Team Board Member
Incident Command Team Board Member
Public Information Task Force Lead
Public Information Task Force Co Lead
Website Team
Website Team
Website Team
Newsletter Team
Newsletter Team
Newsletter Team
Social Media Team
Social Media Team
Social Media Team
Community Spt Task Force Lead
Community Spt Task Force Co Lead
Food and Nutrution Team
Food and Nutrution Team
Food and Nutrution Team
Mental and Spiritual Health Team
Mental and Spiritual Health Team
Mental and Spiritual Health Team