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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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