Loading...
HomeMy WebLinkAboutMN-BPW-2014-10-27BOARD OF PUBLIC WORKS PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 4:45 p.m. October 27, 2014 PRESENT: Vice Chair Jenkins Commissioners (3) - Morache, Goldsmith, Warden OTHERS PRESENT: Superintendent of Public Works - Thorne Assistant Superintendent of Streets and Facilities - Benjamin Assistant Superintendent for Water & Sewer - Whitney Common Council Liaison – Fleming Information Management Specialist - Myers Director of Engineering – West Parking Director – Nagy Transportation Engineer – Logue Engineering Technician – Johnson Retired Supt. of Public Works – Gray Engineering Technician – O’Connor Cass Park Recreation Supervisor – D’Alterio EXCUSED: Mayor Myrick Commissioner Darling DAC Liaison – Roberts ADDITIONS TO OR DELETIONS FROM THE AGENDA: Commissioner Goldsmith requested the addition of a brief discussion regarding closed bridges and paths, and shifting their budget from streets which is used for cars and vehicles to the creeks, bridges, and parks budget. No Board Member Objected COMMUNICATIONS AND HEARINGS FROM PERSONS BEFORE THE BOARD: Todd Winkleblack, owner of “Winks Body Shop” (“Winks”) (720 West Court Street) addressed the Board regarding the parking lot at Fulton and West Court Streets. He explained that his business has been at that location for six years and seen steady growth. He would like “Winks” to lease part, if not all, of the parking lot from the City. He would assume maintenance and upkeep of the property for the City – as well as purchasing 20 monthly parking permits for the public parking lot. He stated that the parking lot means a lot for his expanded business to be successful. He recently worked out an arrangement with a couple of insurance companies to use that location for their concierge programs; part of that agreement was that he would provide them adequate and easy to access parking. If he should lose the parking lot, the concierge program would leave as they have strict rules that they must abide. Michael Talarsky, Business Manager – International Brotherhood of Electrical Workers Local Union 241, addressed the Board regarding the lack of use of local workers for new development projects around the City. The Union would like the City to require local labor be used for all new development projects. He explained the benefits to the community of putting local union members to work on the projects, and encouraged the Board to consider passing a resolution to support that effort. Alderperson Fleming arrived at 5:00 p.m. Board of Public Works Meeting Minutes October 27, 2014 2 RESPONSE TO THE PUBLIC: Commissioner Warden expressed his hope that an agreement can be reached regarding the parking lot on West Court and Fulton Streets. It is awkward for any business there to be successful without easy access to parking for their customers. He further expressed his support for the use of local labor on new development projects occurring around the City. Commissioner Goldsmith echoed the above statements regarding the parking lot and use of local labor. He also noted that the Board has a lot to discuss tonight, and suggested that it might be good to have a task force review the use of local labor on new construction projects around the City. REPORTS: Commissioner Warden, liaison to the Sewer Joint Committee, reported that the water treatment plant just finished a trial of “Clearcoat” to treat the water, and it seemed very successful. They are now researching a more permanent improvement for water treatment system. The goal is to use waste more effectively to generate energy and to import waste from other local areas to help generate more energy so the city of Ithaca might become an energy producer. He reported that more information would be coming to the Board in the future on this topic, but that the initial trial was very successful. Commissioner Goldsmith, liaison to the Parks Commission, reported that they discussed one issue that may come to the Board. It is the controversy about the use of the Cascadilla Boat House and safety concerns for the students participating in rowing programs. He wanted the Board to be aware of the issue concerning use of city park land for private use, and public access. Supt. Thorne stated that the parent raising the safety concern came in to speak with him, and he told the parent that it may be more of a legal issue than a Board issue. Common Council Liaison Fleming reported that Common Council is still working on the 2015 budget, and there is another meeting this week. Common Council hopes to vote on the budget on either November 5th or November 13th. She stated that Common Council has a lot of tough choices to make. Director of Engineering West reported that all the curbing is in on Old Elmira Road; the culvert by the former Lucatelli's restaurant was in bad shape and is being redone. They should be able to get that work done, re-pave and buttoned up for the winter very soon. He further reported on the Commons Reconstruction project, and noted that the brick work would be laid in Bank Alley next week and the rest of the work seems to be making good progress. Asst. Supt. Benjamin reported that all the work that could be done this Fall was completed on West Clinton Street with utility patches done. He stated that the street will be milled and repaved next Spring. Crews also repaved a light course on Stewart Avenue - north of Cascadilla Bridge that should hold through the next few years until the whole street can be redone. They have also done some patching on Route 96B on South Hill because the base was failing; they plan to do work on that street next Spring; however, they need NYSEG in first before they can begin their work. Some utility patching was done on Thurston Avenue as well. He noted that the local asphalt plant will close by end of this week. Board of Public Works Meeting Minutes October 27, 2014 3 Director of Parking Nagy reported that Community Service Officers started booting vehicles for unpaid parking tickets today at noon; 3 boots were placed by the end of the day. On October 10, 2014, 710 letters were mailed to those vehicle owners at risk of having their vehicles booted for unpaid parking tickets; since then 45 people have come in to pay for their past parking tickets, and more came in today to do that. He feels that is a very positive response, that over 50 people have paid their long standing upaid tickets in last the 10 days. In addition, parking revenue is up at all garages. He hopes to hire a part-time parking attendant this week, and is still waiting for applications to come in for the Community Service Officer position, which he hopes to start interviewing for soon. APPROVAL OF MINUTES: Approval of the January 13, 2014 and October 6, 2014 Board of Public Works Meeting Minutes – Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache RESOLVED, That the minutes of the January 13, 2014 and October 6, 2014 Board of Public Works meeting be approved, with one minor correction to the minutes of October 6th. Carried Unanimously HIGHWAYS, STREETS AND SIDEWALKS: Recommendation to Fund Utility Upgrades in Neighborhoods with Growth Potential - Resolution By Commissioner Goldsmith: Seconded by Commissioner Morache WHEREAS, many recent public and private construction projects have required utility services to be upgraded before projects could be completed, and WHEREAS, planning and construction efforts require coordination among all utilities which delays project implementation, and WHEREAS, staff have researched and discussed possible solutions to these delays and utility upgrade processes; now, therefore be it RESOLVED, That the Board of Public Works hereby supports the creation of a mechanism to request public utility upgrades within neighborhoods that are experiencing significant development and construction, and be it further RESOLVED, That the Board of Public Works recommends that Common Council allow the City to fund initial utility upgrade fees which would be reimbursed by property owners over time. Carried Unanimously Award of Contract for Professional Services for Spencer Road Sidewalk and Traffic Improvements - Resolution By Commissioner Morache: Seconded by Commissioner Warden WHEREAS, a Capital Project for Spencer Road Sidewalk & Traffic Improvements was authorized in the City of Ithaca 2014 Budget as Capital Project #797 in the amount of $41,000, and WHEREAS, the Engineering Office received two proposals for the requested scope of work, and recommended LaBella Associates as the consultant, and WHEREAS, funds for the study are available from Capital Project #797; now, therefore be it Board of Public Works Meeting Minutes October 27, 2014 4 RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to enter into contract with LaBella Associates for professional services related to Spencer Road Sidewalk & Traffic Improvements at a total project cost not to exceed $41,000. Carried Unanimously PARKING AND TRAFFIC: Award of Contract for Professional Services for the Safe Routes to School Project - Resolution By Commissioner Goldsmith: Seconded Commissioner Warden WHEREAS, a professional services proposal for the non-infrastructure component of the Safe Routes to School project (CP 786, PIN 375564) was received on October 15, 2014, and WHEREAS, staff has reviewed the one proposal received from Bike Walk Tompkins (in partnership with the Ithaca Youth Bureau and Way2Go, a project of Cornell Cooperative Extension of Tompkins County), and made a recommendation for award; now, therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the non- infrastructure professional services contract for the Safe Routes to School project to Bike Walk Tompkins, a project of the Center for Transformative Action, of Ithaca, New York, for an amount not to exceed $5,000, with the understanding that an addendum to the contract will be forthcoming that will likely make the total contract amount not to exceed $40,000, and be it further RESOLVED, That the Superintendent of Public Works of the City of Ithaca be hereby authorized to enter into said contract under the usual terms and conditions. Carried Unanimously The following two resolutions were provided for the Board’s consideration and discussion. The Board would need to select the one they wish to act upon. Resolution to Modify the Public Parking Lot at the Corner of Fulton Street and Court Street to Permit Only Parking WHEREAS, the public parking lot at the corner of Fulton and Court Streets, containing 30 parking spaces plus two handicap spaces, currently does not generate revenue and is only an expense to the City in regards to maintenance, snow removal, landscaping, salt, sweeping and general cleaning, and WHEREAS, Wink’s Auto Body Shop, located next to the parking lot, has submitted an offer to buy 20 permits each month and complete all general maintenance for the entire parking lot, including snow removal, salting, sweeping, sidewalk, striping, and landscaping, which will reduce annual expenses for this lot and generate annual revenue of $4,800 where it has never generated revenue before, and WHEREAS, ten additional parking spaces would remain available for public use through the sale of monthly permits by the City; now, therefore be it RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works, upon consultation with the City Attorney, to enter into an annual agreement with Wink’s Auto Body Shop for the purchase of 20 parking permits each month and the maintenance of the parking lot, which agreement shall be reviewed and renewed each year, and be it further Board of Public Works Meeting Minutes October 27, 2014 5 RESOLVED, That the City change the status of the public parking lot to a Permit Only Lot and will sell the additional ten parking spaces to the public as needed through the City Chamberlain’s Office. Resolution to Convey the Public Parking Lot on the Corner of Fulton Street and Court Street to the State of New York WHEREAS, on May 1, 2004, the State of New York, acting by and through the Department of Transportation, deeded a piece of property in the West End known as Parcel 115, and more commonly known as the public parking lot on the northeast corner of Fulton Street and Court Street, to the City of Ithaca, to use and to maintain exclusively as public parking, and WHEREAS, the deed includes a “reverter” clause stating, “that if any portion of the premises herein is no longer used and maintained as a public parking lot, title to such portion or portions of the premises herein conveyed shall automatically revert to and vest in the Grantors without re-entry or other affirmative act by the Grantors, and at no cost to the Grantors,” and WHEREAS, despite varied attempts to manage the parking lot, there does not seem to be a public demand for the parking lot unless it is free to users, and even then, the benefit seems to be more for private businesses in the area and not the general public, and WHEREAS, owning and maintaining the parking lot carries a public cost with little public benefit, particularly in light of the fact that the City changed regulations for on street parking between Fulton Street and Meadow Street to allow additional parking, and WHERAS, the Parking Director and the Transportation Engineer, after consultation with other City departments and divisions, have recommended that the lot be returned to the State of New York, and WHEREAS, typically, the Board of Public Works has the power to acquire property in accordance with the City Charter, but does not have the power to dispose of property; however, in this case, it seems that a public statement that the parking lot no longer serves a public purpose would be sufficient to return the title to the State of New York; now, therefore be it RESOLVED, That the Board of Public Works hereby determines that the parking lot at the corner of Fulton Street and Court Street (the same as the abovementioned Parcel 115), no longer serves a public purpose and that the Board of Public Works no longer desires to own or to maintain the parking lot, and be it further RESOLVED, That upon determination of the City Attorney, this resolution shall either be used as a recommendation to Common Council to return title to the premises to the State of New York, or as a statement to the State of New York itself to activate the abovementioned “reverter” clause. Transportation Engineer Logue joined the Board for discussion of this item. He explained that there has been a lot of discussion over past years about this parking lot. The question being: is this really a public parking lot or is it more private in use? He stated that people don't want to pay to park in the lot. In his opinion, there is no public use for it, and it does have a private use that outweighs the cost to the City to maintain it. If the City gives it back to New York State, it will mean that it gives up control of what the parking lot might be used for; it is a very developable lot. The State would probably auction it off, and he would be comfortable if it were to go back to the State. He is also not sure about the legal side of the use of the property for “Wink’s” proposed use of the parking lot. Board of Public Works Meeting Minutes October 27, 2014 6 Director of Parking Nagy explained that the other aspect for the Board to consider is a business owner trying to expand their business, bring in more customers to the City which, in turn, would increase sales tax and income for the City. The business owner is also proposing to assume all the maintenance of the parking lot, which would reduce costs for the City. In addition, the business owner proposes to purchase 20 parking permits each month from the City Chamberlain’s Office. He stated that the City could enter into a written contract with the business owner that includes the maintenance of the parking lot as well as the purchase of parking permits. The City has been picking up the expense for the parking lot for many years. This proposal would allow the City to receive revenue for the parking permits and not have the expense of maintaining the parking lot. He asked the Board whether they want to support a local business in this instance or turn the property over to New York State, where the City would not have control over the property and its future development. Retired Superintendent Gray addressed the Board. He stated that, as the former Superintendent for the City, with knowledge of the history of this property, he supports the suggestion that Director of Parking Nagy is recommending. He stated that the City ran into some problems with a similar situation where it turned over a portion of the Seneca Street parking garage to a private entity. He would suggest that the parking permit option is a good one because either way the permits are going to be paid for because either the business owner will buy them or the public will purchase them. He would encourage the Board to listen to Director of Parking Nagy because parking is his specialty. He further stated that the previous business owner was not successful with New York State in trying to get the property back for private use. He would suggest that the City try this approach, with parking by permit only because there is someone interested in paying for the permits, and the business owner will maintain the parking lot. He stated that he would not want the City to make the same mistake as was done with the Hilton Hotel and the Seneca Street parking garage; he thinks the proposal from the Director of Parking can work -- as long as a different process is followed. Commissioner Warden stated that the issue to him is supporting a private business that could really use the parking lot; he also wants to avoid costs to the City. Retired Supt. Gray further noted that eventually the City will arrive at a point where this parking lot really does not have a public purpose; maybe in a year or two. At that point, the City could either buy the lot or turn it over to Ithaca Urban Renewal Agency to then work with a private property owner; that way the parking lot can be used in the best way for that property owner. Otherwise, at that point, the City could return it to New York State who will sell it at auction; with no control over it by the City at that point. Supt. Thorne suggested that the Board postpone voting on this item today because of the different points that were raised; he would also like to get a legal opinion about the business owners’ proposed use and what the City’s options might be. Commissioner Goldsmith expressed his support for making the parking lot by permit only. Supt. Thorne stated that this item would come back to the Board with a recommendation from City Attorney in two weeks. He noted that the above two resolutions might then be reworded for the Board’s consideration. Board of Public Works Meeting Minutes October 27, 2014 7 Resolution to Amend Vehicle and Traffic Schedules to Allow Short Term Parking Along the West Side of Cornell Street, between Valley Road and the Annex Crosswalk By Commissioner Morache: Seconded by Commissioner Warden WHEREAS, the Board of Public Works is authorized by Section 346-4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, and WHEREAS, the Belle Sherman Parent Teacher Association has petitioned to change the on-street parking regulations for the west side of Cornell Street between Valley Road and the crosswalk to the Belle Sherman Annex to allow for short term parking during the school day, and WHEREAS, the Transportation Engineer and Parking Director are both comfortable with a one hour parking limitation, Monday through Friday from 8 a.m. to 4 p.m., with the understanding that outside those hours, the regulation would otherwise be the default odd/even rule, now therefore be it RESOLVED, That the entry for the west side of Cornell Street is hereby deleted from Schedule XIV, No Standing, and is hereby added to Schedule XVIII, Time Limit Parking as follows: Name of Side Time Limit; Location Street Hours/Days Cornell Street West One Hour; From Valley Road 8am to 4pm/ to the Annex crosswalk Monday - Friday Carried Unanimously CREEKS, BRIDGES AND PARKS: Request to Increase Pavilion Reservation Fees - Resolution By Commissioner Warden: Seconded by Commissioner Goldsmith WHEREAS, staff from the Ithaca Youth Bureau and the Department of Public Works have proposed adjustments in pavilion reservation fees at Cass Park and Stewart Park for 2015, and WHEREAS, the Parks Commission has reviewed and approved of these adjustments, and WHEREAS, the proposed fees offer a new and appropriate discount to individuals and families from the City of Ithaca; now, therefore be it RESOLVED, That the Board of Public Works hereby approves the proposed fees as follows: Board of Public Works Meeting Minutes October 27, 2014 8 Proposed new fees Individuals and Families from the City of Ithaca City Discount Proposed new fees All Organizations & Non- Resident Individuals and Families Cass Park Up to 24 people 25 – 74 people 75 + people or Exclusive Use $36.00 $72.00 $90.00 $47.00 $94.00 $117.00 Stewart Park Small Pavilion Up to 24 people 25 – 74 people 75 + people or Exclusive Use $36.00 $72.00 $120.00 $47.00 $94.00 $156.00 Stewart Park Large Pavilion Up to 24 people 25 – 74 people 75 – 99 people 100 – 149 people 150 + people or Exclusive Use $40.00 $80.00 $120.00 $160.00 $180.00 $52.00 $104.00 $156.00 $208.00 $234.00 and WHEREAS, the Town of Ithaca is in the process of deciding whether or not to maintain the current level of funding for waterfront parks and recreation facilities, and WHEREAS this funding, currently in the amount of $111,240, helps to offset some of the costs associated with maintaining these important parks and facilities; now, therefore be it further RESOLVED, That if the Town of Ithaca maintains funding at this level, the aforementioned City Discount would also be extended to individuals and families from the Town of Ithaca. Commissioner Warden expressed his support for the increased fees, and noted that he would have proposed a higher fee for non-city residents; he likes it being as low for city residents as possible. Supt. Thorne noted that he agreed the fees should be higher; however, when they reviewed rates that other parks in area were charging, the proposed fees fall within the same ranges. A lot of those other parks also charge for parking, and that will be a discussion coming back to the Board in the future. A Vote on the Resolution Resulted As Follows: Carried Unanimously Board of Public Works Meeting Minutes October 27, 2014 9 WATER AND SEWER: Approval of Memorandum of Understanding (MOU) with Southern Cayuga Lake Water Commission and Cornell University for Water Supply during Water System Renovations - Resolution By Commissioner Warden: Seconded by Commissioner Goldsmith WHEREAS, the City is undertaking significant improvements to its water supply and distribution system, with the central focus being the replacement of the City's 1903 Water Filtration Plant, and WHEREAS, the staff and the City's design engineer (O'Brien & Gere) have been working with staff from both the Southern Cayuga Intermunicipal Lake Water Commission (Bolton Point) and Cornell University concerning water supply during the construction of the City's new water treatment plant, as reflected in the approved construction project budget allowance for purchased water needed during the two year construction period, and WHEREAS, the City has produced an engineering report which looks at the joint operations needed at the three plants to provide water to the City's distribution system, while maintaining service to the two supplying system's consumers, and addresses the regulatory concerns of the Tompkins County Health Department during the construction period; now, therefore be it RESOLVED, That the Board of Public Works approves the Memorandum of Understanding (MOU and attached engineering report dated October 22, 2014 – located after the last page of the minutes) with Bolton Point for water supply during the construction period, in its current form, for the Superintendent's signature, as well as any minor changes that may be requested or agreed to by the Mayor and City Attorney, provided they do not constitute a substantive change, and be it further RESOLVED, That the Board of Public Works authorizes the Superintendent's signature on the parallel agreement (MOU) with Cornell University for water supply during construction, provided that the document is substantially the same as the reviewed MOU and complements the Bolton Point agreement in the manner outlined in the attached engineering report, and be it further RESOLVED, That the Board of Public Works directs the Superintendent to provide an update to the Board on the status of these agreements by its second meeting in December 2014. Retired Supt. Gray explained to the Board that this should be treated as a purchase of water from a supplier because this was not folded into the water plant reconstruction contract. He stated that the filtration process on City property at the site would be at a cost of $1,000,000.00 so this proposal was arranged instead because it would cost the City less money. He further stated that under the City Charter the Board of Public Works has to approve these contracts. He would request that the Board approve the resolution as presented. The MOU is the one that Bolton Point wants, and he, as does the City, wants the water so this is where we are. We are at a point where a decision has to be made to keep on schedule because we're out of time. He is comfortable, after years of discussion with staff at Cornell University, Bolton Point, and the City that the MOU spells out pretty clearly what needs to occur. The contractor is already starting to demolish the current water plant. He stated that Bolton Point has a concern as to how the City will pay for the water. He apologized for coming to Board at the tail end of the process. He wrote the engineering report which was reviewed by Liz Cameron, Director of Environmental Health at Tompkins County Health Department, and he made her corrections to it, so he is now asking for the Board’s approval. Board of Public Works Meeting Minutes October 27, 2014 10 Supt. Thorne noted that he is anticipating a similar MOU with Cornell University that will need to come before the Board for approval as well. Commissioner Goldsmith asked what this MOU would cost, and Retired Supt. Gray responded that the cost will be $500,000, which has been reserved in the budget for this purpose. A Vote on the Resolution Resulted As Follows: Carried Unanimously Retired Supt. Gray thanked the Board and Liz Cameron for helping the City through this process, and getting things organized. There will be some follow-up public information in conjunction with the County since the City will be using three systems cooperatively. Everything can't be anticipated that will happen during the construction process, and hopefully the public will never see the impacts of the construction of the new water plant. He noted that there will be a big public information effort with ten individual events scheduled over the next two years; the public may be asked for water conservation efforts as well. DISCUSSION ITEMS: Woodcrest Avenue Water Issue Update: Asst. Supt. Whitney reported that there have been no coloring problems recently; some taste changes occur when seasons change. There are some issues with the water mains, and they have done work to address them. The Tompkins County Health Department has a chart regarding the violations with iron and color issues; mainly on Homestead Terrace. In the Mayor's proposed 2015 budget there is funding for cleaning of those water mains, and if that doesn't work they will need to be relined at a cost of $90.00 per linear foot proposal. That would be a quarter to a third of a million dollar project, if needed, next year. Alderperson Fleming asked if there is still rust in some homes on Woodcrest Avenue and Homestead Terrace. Asst. Supt. Whitney responded that he has not heard of any in about a month. For now, he feels the problems have been resolved until the weather warms up again. There were a lot of concentrations of iron and rust seen when the lines flushed initially; they are flushing a couple times a day and are looking at tying in a second flush point that doesn't waste the water. He noted that they want to keep a 900 gpm flow - similar to what was done with Mitchell and Kline Roads with the gravity fed system. A lot of the problems are related to the age of the lines. He further noted that in the Cornell Heights area they did similar extensive cleaning and he has not heard of any problems. Supt. Thorne stated that even if they have to reline the mains that will be less disruptive and a lower cost solution than to replace the lines. Commissioner Warden questioned what the durability/life expectancy of the lines would be by relining them? Asst. Supt. Whitney responded that where cuts in the cross sections have been made in the cast iron it looks good, so they should be able to extend the life cycle of the lines by 50 years or so. Board of Public Works Meeting Minutes October 27, 2014 11 Request for Emergency Capital Improvement Project for Water Main Replacement Along Willard Way: Asst. Supt. Whitney explained that there is another old 4" water line on Willard Way similar to what was replaced on Edgecliff Place where the increased flow was needed for their fire suppression. This is a similar situation; this is an old 4" cast iron system laid in the 1930's; there is no way with that size pipe to meet fire flow requirements. They will need at least a 6" main to maintain fire flow and water supply. He stated that this will be an emergency Capital project that will need Common Council approval, after the Board makes a recommendation to them. He noted, that this issue would come up again in the near future on Osmun Place near The Chapter House because they are experiencing a similar situation. A resolution for this item will come back to the Board for approval at the November 10th meeting. Bridges/Paths: Cascadilla Park Road Trail: Supt. Thorne reported that the Mayor asked staff to close the trail because of safety concerns. Crews put up chain link fencing and signs, and closed the trail at DeWitt Place up. He stated that staff is reviewing what the original funding was for reconstruction of the trail, and what the scope of work entails. The original trail was 19' wide; the gorge is eroding so the trail in some places is only 4' to 5' wide, and the ground condition is questionable. He has been discussing with the City Attorney what the City's options are and liability concerns; there is also a sewer line in area. There also needs to be a discussion about how much of the trail to do work on in any proposed project. Commissioner Warden stated that erosion will occur in a lot of areas in the City, and in some instances trails will need to be abandoned because the gorge will only keep eroding. Supt. Thorne stated that this trail is one of those issues - how much should the City spend before the trail should just be abandoned. Alderperson Fleming stated that this is a nice trail; the new Cascadilla Gorge trail is beautiful. There are inherent dangers for example, now there are wet leaves, etc., that people could slip and fall on. This work would be redundant to the new trail, and there are so many other areas in the City where the money could be better spent. Director of Engineering West noted that what instigated closing the trail was that the school bus drops kids off right at the start of the trail at Stewart Avenue. It was very prudent to close the trail, and the City was well advised to close it for a number of reasons. The gorge will only continue to erode to the point that we will need to worry about houses going into it, and the City doesn’t have the money to spend on this type of trail. Commissioner Goldsmith noted that when a street caves in, which they do, just like paths, we build retaining walls and all sorts of things to build them up. He is asserting that the City has a bias in the way it does things. The city of Ithaca claims to be bike/pedestrian friendly, but it really isn't. Discussion followed on the floor regarding erosion and its effect on streets, sidewalks, and trails. Also discussed were how projects and funds are established to address those needed repairs, and what types of repairs are done. Board of Public Works Meeting Minutes October 27, 2014 12 Supt. Thorne stated that, as of this afternoon, the Governor of New York awarded the city of Ithaca $600,000 for improvements to the Cascadilla and Sears Street bridge. He noted that it does require a $150,000 match from City. Alderperson Fleming stated that the city of Ithaca does take very seriously the issue of sidewalks and walkways. As a result, the new and innovative sidewalk program was established. In addition, most new roads have accommodations for bikes, new sidewalks, and a new parking revenue program has been established for those who chose to use cars. She would like to think that if we have a narrow road that was on shale and not safe that the City would think about abandoning it (i.e. Forest Home Drive). ADJOURNMENT: On a motion the meeting adjourned at 6:35 p.m. Sarah L. Myers Claudia Jenkins, Information Management Specialist Vice Chair Page | 1     Memorandum of Understanding Between the City of Ithaca and the Southern Cayuga Lake Intermunicipal Water Commission Regarding the Supply of Water by the Bolton Point Water System to the City of Ithaca During the City of Ithaca’s Reservoir Renovation and Water Treatment Plant Replacement Projects The City of Ithaca (City) plans to renovate its reservoir and replace its water treatment plant over the next two to three years. During these projects, the City’s water supply will be supplemented by that of Cornell University and the Bolton Point Water System (BPWS). The parties anticipate that the point of supply from the BPWS will be directly from the BPWS transmission main at Giles Street and Water Street to the 16-in. main from this point to the City water treatment plant. This Memorandum of Understanding (MOU) is meant to document the terms of the supply of water by the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), through the BPWS transmission main, to the City during these construction projects, and also the possible supply of water by the City, to the best of its ability, to SCLIWC. The reservoir renovation project is expected to occur over a three-week period in the fall of 2013; the plant replacement project is expected to occur over a two-year period from fall 2014 through the end of 2016. Obligations of SCLIWC 1. SCLIWC shall provide, to the best of its ability, an average daily flow of up to 1.0 million gallons per day (MGD) for the duration of the two projects. The duration of supply for the reservoir renovation project shall not exceed six weeks and the duration of supply for the water plant replacement project shall not exceed 30 months without prior written agreement from SCLIWC. SCLIWC may, from time to time, for short periods, supply water in excess of 1.0 MGD, but is not obligated to do so. SCLIWC shall at no time supply water to the City at a rate that requires the BPWS treatment plant to exceed its New York State Department of Health (NYSDOH)-approved maximum capacity of 6.75 MGD. The attached engineering report, dated October 22, 2014, which is incorporated here for reference purposes, was developed to review the demand placed on the Bolton Point systems during this period, as well as the regulatory concerns during this period of water transfer. 2. SCLIWC shall make every reasonable effort to supply water of a quality in compliance with all regulatory requirements and shall immediately notify the City of any water quality violation. SCLIWC shall notify the City as early as possible of any other unusual operating conditions within the BPWS that might affect the supply of water to the City. 3. SCLIWC shall make every reasonable effort to provide uninterrupted supply to the City, but reserves the right to restrict or discontinue supply in the event that supply to its normal customers is jeopardized or if the BPWS is in need of emergency repairs that require disruption of water supply to the City. SCLIWC shall make every reasonable effort to provide advance notification to the City of all anticipated interruptions of water supply to the City. Page | 2     4. SCLIWC shall make every reasonable effort to operate the BPWS in accordance with generally accepted standards to minimize disruptive events such as water hammer and water contamination. 5. SCLIWC shall, at monthly intervals, read the connection point meter provided by the City (see #1 under “Obligations of the City”) and render an invoice to the City in accordance with the provisions set forth in #7 under “Obligations of the City.” Obligations of the City 1. The City shall provide a metering station at or near the point of connection to the BPWS transmission main at Giles Street and Water Street. The metering station shall include a meter, specifications and manufacturer agreed upon by SCLIWC. The metering station shall include all valves and piping necessary to repair, test, and bypass the meter and any required pressure and flow control equipment and associated valves and fittings. The City shall provide any remote monitoring and control equipment needed in the metering station. The City metering station shall include provision to supply water to the SCLIWC transmission system to the best ability of the proposed City treatment plant to pump reserve capacity to the SCLIWC transmission system. 2. SCLIWC and the City acknowledge that significant leakage exists in the City’s clear well, to which the supply from the BPWS transmission main now discharges. The City shall provide a new connection point to a location where the clear well leakage will not affect the amount of water supplied by SCLIWC, in order to minimize unnecessary load on the BPWS. Alternatively, the City may, if possible, remedy the clear well leakage before SCLIWC begins supplying water to the CI. The City shall make every effort to control leakage in all parts of its system in order to minimize unnecessary load on the BPWS. 3. The City shall make every reasonable effort to operate its distribution system in accordance with all applicable federal, state and local laws, rules and regulations and generally accepted standards to minimize negative impacts, including water hammer and water contamination, on the BPWS. The City shall also use all appropriate administrative, safety and security measures, including administering an effective backflow prevention program, to minimize the potential of contamination of water in its distribution system. SCLIWC shall require the installation of an engineered, Tompkins County Health Department (TCHD)-approved backflow preventer at the metering station if the City’s backflow prevention program does not meet the requirements of the NYSDOH Sanitary Code Subpart 5, as determined by the TCHD. SCLIWC reserves the right to discontinue water supply to the City if the BPWS is jeopardized by conditions within the City’s distribution system. Additionally, in the event that SCLIWC reasonably deems it necessary for repair, maintenance, inspection and/or operating purposes in conjunction with the water connection provided for in this MOU, the City hereby grants SCLIWC temporary ingress, egress and access rights over and on the City’s property for such purposes. 4. The City shall notify SCLIWC as early as possible, orally and in writing, of any water quality violations or other unusual operating conditions within the City’s distribution system. Page | 3     5. The City shall make every reasonable effort to coordinate construction phases of these two projects so that its highest demand for supply from the BPWS coincides with periods of low demand on the BPWS. 6. The City shall implement water use restrictions as necessary among its customers to stay within the parameters of this MOU. Additionally, the City shall implement water use restrictions among its customers in the event drought or other unforeseen circumstances so dictate, even if the maximum supply rate established by this MOU is not being exceeded. 7. The City shall, within 30 days of receipt of each invoice rendered by SCLIWC in accordance with #5 under “Obligations of SLIWC,” make payment on that invoice. The Commission (wholesale) rate in effect at the time the water is supplied by the Commission to the City, shall apply. The City agrees to pay a late penalty of 10% of the amount of any invoice that is not paid within the 30-day period following receipt of such invoice. In addition, the City shall pay all extra costs incurred by the Commission as a result of supplying water to the City, including, but not necessarily limited to, overtime for Distribution and Water Treatment Plant Operators, electricity demand overages, and damage and undue wear to equipment and infrastructure. The City shall also pay for revenues lost by SCLIWC as a result of failing to curtail energy use in accordance with its energy curtailment agreement while supplying the City with water. 8. The City shall indemnify, defend, and hold harmless SCLIWC from any and all losses, claims or expenses (including reasonable experts fees and attorneys fees) arising out of the provision of water by SCLIWC to the City pursuant to this MOU, including, but not limited to, situations where SCLIWC is unable to provide water in quantity and quality in accordance with this MOU, the supply of water to the City results in damage, contamination, or other deterioration of the City’s system or water supply, and City personnel or agents suffer any injury while performing work relating to the supplying of SCLIWC water to the City; except to the extent that any such losses, claims or expenses, or portion thereof, are attributable to negligence on the part of SCLIWC’s employees or agents. The City will name the SCLIWC as an additional insured on their General Liability and Umbrella policies on a primary and non-contributory basis. SCLIWC will name the City as additionally insured in the same manner. Additional Provisions 1. The term of this MOU shall commence upon the date on which this MOU is executed by all required parties, and shall terminate on March, 31, 2017, except nothing herein shall authorize more than a 2 ½ year term for any initial or renewal term of this MOU unless the parties hereto agree in writing to a further extension. In the event that the City is in default of any of its obligations herein, other than any payment obligation hereunder, SCLIWC may terminate this MOU upon six (6) months written notice and opportunity to cure. In the event that the City is in default of a payment obligation, SCLIWC may terminate this MOU upon thirty (30) days written notice and opportunity to cure. Termination of this MOU shall not relieve the City from any obligations arising prior to termination. 2. The rights and obligations of the City hereunder may not be assigned to any other parties without the prior written consent of SCLIWC, which consent may be granted or not granted in the sole and exclusive discretion of SCLIWC. Page | 4     3. This MOU constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties hereto with respect to such subject matter. This MOU may not be modified in any way unless by a written instrument executed by all parties. 4. The waiver by any party hereto of a breach or violation of any term or provision of this MOU shall not operate or be construed as a waiver of any subsequent breach or violation. If any court of competent jurisdiction holds any provision of this MOU invalid or unenforceable, the other provisions of this MOU will remain in full force and effect. Any provision of this MOU held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 5. 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 MOU. 6. The terms and provisions of this MOU shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns. 7. Each individual executing this MOU 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 MOU, (ii) the consent of any third parties is not required to perfect such authority, (iii) the party on whose behalf he or she is signing this MOU has undertaken all actions required to enter into this MOU, and (iv) his or her signature represents the binding obligation of such entity. 8. This MOU may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. The exchange of copies of this MOU and of signature pages by facsimile transmission or electronically shall constitute effective execution and delivery of this MOU to the parties and may be used in lieu of the original MOU for all purposes. Signatures of the parties transmitted by facsimile or electronically shall be deemed to be their original signatures for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written, Signature and Date for City of Ithaca: ______________________________________________ Michael J. Thorne, P.E., Superintendent of Public Works Signature and Date for SCLIWC: __________________________________________________ Michael Newman, Commission Chairperson   Approved:  October 27, 2014 by Board of Public Works