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HomeMy WebLinkAboutPWC Agenda 2022-03-15 and PacketAGENDA PUBLIC WORKS COMMITTEE March 15, 2022, 9:00 a.m. ZOOM Meeting: https://us06web.zoom.us/j/81695 207215 1. Approval of Minutes a. February 15, 2022 2. Member Comments/Concerns a. Consider Modifications to Agenda 3. Local Law Amendment Chapter 250-10 Penalties for Offenses - Continued Discussion - Slater 4. Local Law Amendment Chapter 250-11 Exclusions - Continued Discussion – Slater 5. Parks and Open Spaces - Bench / Tree Donation Policy - Slater 6. ARPA Funding – Funding Allocation Discussion – Thaete 7. NYS Route 96 Speed Reduction Denial - Slater 8. Utility Refund Request Policy - Slater 9. Project Updates Future Agenda Items: • Water & Sewer Units • Discussion of Public Works Facility Survey – Howe • Conversation about Rates for Utility Customers that are on Private Water Wells but Connected to the Public Sanitary Sewer System. TOWN OF ITHACA PUBLIC WORKS COMMITTEE February 15, 2022, 9:00 a.m. Board and Staff Present: Rod Howe, Rich DePaolo, Rob Rosen, Mike Smith, Joe Slater, Dan Thaete, Judy Drake, Rich Ten Kate, Joe Talbut, Travis Mills, Dave O’Shea, Marty Moseley, Donna Shaw, Steve Riddle Guests: Tim Steed and Chris Wood for Hunt Engineers; Jennifer and Pete Loucks for Crest Lane; Bruce Brittain and Herb Engman for Forest Home 1. Approval of Minutes: Minutes were approved from 1/18/22 by a motion from Mr. DePaolo, seconded by Mr. Howe. Carried. 2. Member Comments / Concerns: None a. Consider Modifications to the agenda: None 3. Forest Home Sewer Pump Station #1 Report Presentation – Thaete Mr. Thaete introduced Tim Steed from Hunt Engineers who presented a synopsis of their analysis of deficiencies with the pump station. The next phase will be design and construction. Proposed improvements include: new wet well cover, new pumps and piping within wet well, new/relocated control panel, relocated electric service, new emergency generator, new valve vault, new 4-inch forcemain. The proposed cost of the project to meet state standards is $910,167 (trenchless) to $1,017,444 (conventional) which includes constructions and design costs along with a 20% contingency. $450,000 has been budgeted for 2022 for project design and construction. Discussion was held regarding splitting the project over two years (pumpstation then forcemain), rising inflationary costs of construction and ductile iron pipe, adding a smart control panel, consequences of not doing aspects the project, Cornell roundabout project timing, condition of other pump stations, ARPA Funding, supply chain issues, etc. The Committee will recommend splitting the project into two years, contingent upon a 2/16/22 meeting with Cornell to determine timing of installation of a roundabout in that area. 4. Crest Lane Land Acquisition - Thaete Mr. Thaete gave a brief outline of the issue, which was a continuation of last month’s meeting regarding a land-locked parcel owned by the town that was intended for a hammerhead turnaround. Currently, the town utilizes the Louck’s driveway for plow trucks to clear snow and turn around. The Loucks are not in favor of the town purchasing the section of their land for a right-of-way, but rather would like to formalize an agreement for the town to continue to use their driveway. Per the Town’s Attorney, historically there is an underlying right-of-way that exists on the Little property for access to the subdivision. For the Louck property, more research would need to be done to determine how it was historically used or maintained which may determine whether there is still a right-of way on the property. The Committee was in favor of the most economical and least cumbersome solution. Mr. Thaete recommended formalizing an easement agreement with the Loucks to include driveway structure and maintenance details. He will continue conversations with the Town’s Attorney. 5. Vehicle Registration by Length for Forest Home and Sand Bank Road - Slater Mr. Slater recapped the item explaining truck traffic issues at the Forest Home S-Curve and Sand Bank Road. After reviewing truck signage, adding a length restriction to the existing weight limit signs would allow enforcement to take place. Local delivery vehicles cannot be restricted. Local Laws would need to be updated. Bruce Brittain added that in 1990, the Town Board, Highway Superintendent, Town Attorney, Fire Chief, and Forest Home representatives determined the “registered weight” of a vehicle to be the best criteria for enforcement purposes. He requested that “registered weight” placards be added to the existing 5-ton truck limit signs to make the limits clear to everyone and to comply with the law as written. Mr. Slater added that the 5-ton weight limit implements gross weight. He stated that the definition of “gross weight” is the weight of a vehicle without load plus the weight of any load thereafter. Options are, either putt the signs up to match with the town’s Local Laws or revise the language in Chapter 250-12 to reflect that the sign that is posted means gross weight and is enforceable through vehicle and traffic law. He stated that it is probably cheaper to put the six signs up to make the law enforceable. Mr. Thaete had concerns about enforcing State Law vs. Local Law being confusing. Mr. Engman emphasized that the length restriction being more important than weight restriction. Bruce Brittain added that any vehicle that is over 30’ is also over 5 tons. The Committee recommended working with the Town’s Attorney to update Local Laws and adding vehicle length restriction signs to the existing signs. The item will go to the Town Board for final approval. 6. Local Law Chapter 250 – Penalties for Offenses, Consider Increasing Fines - Slater Mr. Slater asked for thoughts regarding increasing penalties and fines. Mr. DePaolo asked if additional penalties and fines could be applied such as, violations of length limit and unlawful disruption of traffic to disincentivize use of the route. Mr. Slater will research the question. Mr. Howe and Mr. DePaolo were not in favor of the imprisonment verbiage but, are in favor of increased fines. Mr. DePaolo asked if there are statutory limitations to the penalties that can be prescribed pursuant to state law the way there is to Zoning or are we at liberty to devise punishments that we feel is just. Mr. Slater will speak to the Town’s Attorney as his previous conversation was generally about fines. Mr. Thaete added that the town can only increase fines up to the state’s fine threshold. The Committee was in favor of increasing fines based on the Town Attorney’s recommendations. 7. Local Law Chapter 250-11 – Exclusions, Consider Additional Language to Exclude Public Transit, School Buses, Temporary Detour, etc. - Slater Mr. DePaolo asked about exclusions regarding length, as no language was included. Mr. Slater responded that he has not researched that thus far and wanted further direction from the Committee as enforcement has not really taken place historically. Mr. DePoalo questioned the use of “excluding any pipeline transportation companies and similar entities that are not engaged in providing services to nearby residential and business structures”. Mr. Slater will speak with the Town’s Attorney to obtain clarification of the intention of this entry. 8. 250-12 Signage (Update) – Attorney Revisions Making the Current 5-Ton Weight Restriction Sign Enforceable without Adding a Gross Vehicle Weight Sign – Slater The Committee recommended working with the Town’s Attorney to update Local Laws and adding vehicle length restriction signs to the existing signs. 9. FEMA Floodplain Map Review - Thaete Mr. Thaete explained that FEMA has recalculated its floodplain maps. It has eliminated structures that hold water back and are not recognized as officially registered and inspected structures, such as raised railroad tracks. A map presented indicated areas represented by historical 100- and 500-year floods. He highlighted areas impacted within the town that have been expanded. He stated that the town has the right to raise concerns with the new analysis which would require providing updated data to support the concerns or inaccuracies. The Committee did not have any concerns but, Mr. DePaolo asked if there are any potential liabilities, town lands, or insurance costs to which Mr. Thaete stated there are no impacts to any town-related structures that he is aware of. 10. Project Updates - Thaete Currently working on Ridgecrest Watermain Project going to bid in the next couple weeks. Lingering Troy/King Roads watermain project that will continue in the spring. Forest Home Walkway will continue in the spring. Hunt Engineers will design components for the Forest Home Pump Station and Engineering will proceed with the PIO process for construction to begin later this year. Coddington Road Pump Station backup generators. Trench drains at the Public Works facility. Some pump station building rooves will be replaced. In conjunction with the City of Ithaca joint Stewart Park pump station forcemain project and Cecil Malone bridge replacement requiring sewer work. Public Works Fuel station replacement design. Saunders Park will begin construction in the spring. Mr. Howe reported that Town Hall and Public Works lighting may be improved per the Energy Audit. 11. Executive Session was entered at 10:43 a.m. and exited at 10:52 a.m. to discuss potential property acquisition. The meeting was adjourned at 10:53 a.m. Our next meeting is scheduled for 3/15/22. lvp § 250-10 Penalties for offenses. (Existing) A violation of this article shall be a traffic infraction. Every person convicted of a violation of any of the provisions of this article shall for a first conviction be punished by a fine of not more than $50 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a second such conviction within 18 months thereafter such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction such person shall be punished by a fine of not more than $250 or by imprisonment of not more than 90 days or by such fine and imprisonment. § 250-10 Offenses; Penalties for Violations. (Proposed) A. All provisions of New York State law generally and procedurally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanors shall be deemed unclassified misdemeanors. For purposes of this chapter the town’s justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation of this chapter, and to thereafter, if appropriate, impose any fine, penalty, sentence, or sanction. B. First offense. Any person or entity that violates, or fails to comply with, any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not less than $100 and not more than $300, or by imprisonment for not more than 15 days, or both such fine and imprisonment. C. Second offense. Any person or entity that violates, or fails to comply with, any of the provisions of this chapter within 18 months of any prior judicial finding or conviction under this chapter shall be guilty of a second offense. Any person or entity that commits any second offense shall be guilty of a violation and subject to a fine of not less than $200 and not more than $500, or by imprisonment for not more than 15 days, or both such fine and imprisonment. D. Third offense. Any person or entity that violates., or fails to comply with, any of the provisions of this chapter within 18 months of any prior judicial finding or conviction under this chapter of a second offense, shall be guilty of a third offense. Any person or entity that commits any third offense shall be guilty of an unclassified misdemeanor and subject to a fine of not less than $500 and not more than $2,500, or by imprisonment for not more than 120 days, or both such fine and imprisonment. E. Each week that any noncompliance or violation continues is and may be charged as a separate violation. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the town, including, but not limited to, the right to seek equitable relief. Whenever the town shall believe from evidence satisfactory to it that there is any violation of, or non-compliance with, this chapter, the town may bring an action to enjoin and restrain the continuation of such violation. In any such action: (a) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) the town shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the town has no adequate remedy at law. In any such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing restitution or damages. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the town, whether sounding in law, equity, enforcement or otherwise. § 250-11 Exclusions. (Existing) Local deliveries and pickups to and from properties located on the aforementioned Town highways, by vehicles otherwise prohibited from using said highways by the provisions of this article shall not be prohibited hereby. Further, fire-fighting equipment and vehicles, and emergency medical service vehicles, otherwise prohibited from using such highways by the provisions of this article shall not be prohibited hereby. § 250-11 Exclusions. (Proposed) This local law shall not apply to: (i) local deliveries and pickups to and from properties located on the aforementioned town highways by vehicles otherwise prohibited from using said highways by the provisions of this chapter; (ii) sound agricultural operations and practices (as defined and construed in and by New York State Agricultural District Law) and the related movement of agricultural products when this restriction applies within a NYS certified agricultural district; (iii) school buses, related educational transportation vehicles, and municipally owned or sponsored mass transit, including TCAT busses; (iv) law enforcement vehicles; (v) ambulances and fire trucks, and vehicles owned and operated by municipalities or fire companies on emergency or official municipal or fire-fighting business; (vi) military vehicles; (vii) maintenance, repair, and service vehicles owned and operated by a utility company or public authority while on official business, but excluding any pipeline transportation companies and similar entities that are not engaged in providing services to nearby residential and business structures; and (viii) municipal and other governmental vehicles engaging in maintenance, repairs, or the provision or performance of any municipal service, together with those vehicles contracted for such services by any municipality or governmental unit. Town of Ithaca Memorial Tree and Bench Policy Town of Ithaca Public Works – Parks Purpose: Establish a set policy for the proper procedures and guidelines of donated trees and benches on Town of Ithaca property that are managed by the Public Works. The guidelines will serve as a standard moving forward for these donated elements that are maintained by the department within Town property. Donations are encouraged on park land and park sites throughout the Town of Ithaca. These donations may also be accompanied by a plaque while working with Town staff for authorization. Maintenance/Installation: The Town will be responsible for all maintenance of the donated material once it is established on Town property. The installation will be completed by Town staff after meeting the approval of the Parks Maintenance Manager. The date of installation is subject to change, as we are emergency personnel/weather dependent. The installation will be scheduled at a time and date as determined by the Town staff so as not to unnecessarily interfere with routine maintenance activities. Final approval of the donated bench or tree will be the responsibility of the Parks Manager after a site plan is established with the donor. The species of tree and style of bench must also be approved. Cost: The donor will cover the cost of the tree/bench and plaque if they desire one. Town maintenance may be able to build the bench from a template for the standard bench throughout Town land, at the cost of the donor. The Town will provide the maintenance and installation of either element. Requests: Can be sent to - Joe Talbut – Parks Maintenance Manager jtalbut@town.ithaca.ny.us (607) 273-1656 ext. 222 TOWN OF ITHACA 114 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicworks@town.ithaca.ny.us PHONE (607) 273-1656 Roads, Parks, Trails, Engineering, Sewer, and Water FAX (607) 272-6076 Proposed American Rescue Plan Act (ARPA) Funds Expenditure(s): Total amount received: $1,647,071.97 Proposed ARPA Eligible Projects: -2022 Ridgecrest Road Water Improvement Project Total Estimated Value: $1,096,365 -2022/2023 Forest Home Pumpstation #1/Force-main Rebild Total Estimated Value: $1,017,444 This Project will be split into 2 parts: Part 1:2022-Pump Station Replacement $740,300 Part 2: 2023-Force-main $277,144 2022 Total Project Value: $1,836,665 *ARPA Funds: $1,647,071.97 Remaining 2022 Value: $189,593.03 2023 Project Value: $277,144 *APRA funding will be utilized for the 2022 Construction Projects. The remaining value of project expenditures for 2022 and 2023 will be paid for by the Benefit Assessment Fee and/or Fund Balance. DepartmentofTransportationNEWYORKSTATEOFOPPORTUNITY.KATHYHOCHULGovernorSt-MARIETHERESEDOMINGUEZCommissionerDAVIDP.SMITH,P.E.RegionalDirectorMarch2,2022TheHonorablePauletteRosaClerk,TownofIthaca215NorthTiogaStreetIthaca,NY14850TOWNOFITHACATOWNCLERKDearMs.Rosa:RE:LOWERSPEEDLIMITREQUESTROUTE96,TOWNOFITHACAThisisinfurtherresponsetoyourspeedreductionrequestonStateRoute96,betweenHaytsRoadandtownofUlyssesmunicipalline,inthetownofIthaca.NewYorkStateDepartmentofTransportation(NYSDOT)professionalshavecompletedthestudy.Basedontheexistingroadsidedevelopment,crashanalysis,testdrives,andradaranalysisourinvestigationdeterminedthatloweringthespeedlimitwouldnotbeappropriateatthistime.The85thpercentilespeedonthissectionofRoute96betweenHaytsRoadandtheTownofUlyssesboundaryline(CR177)supportsthecurrentspeedlimitof55mph.Thisisthespeedthat85percentofthedriversaretravelingatorbelow.The85thpercentilespeedisadirectmeasureoftheinfluenceofroadwaygeometry,developmentdensityandpedestrianactivityondriverbehaviorforagivenlocation.The85thpercentileisthespeedatwhichdriverswilldriveunderfree-flowingconditionsandisusedtosetthespeedlimitatasafespeed,minimizingcrashes,andpromotinguniformtrafficflow.Basedontheresultsofthestudy,NYSDOTwillbeimplementinganumberofwarningsignimprovementsalongtheRoute96corridortoenhancetheoverallsafetyforthetravelingpublicinthisarea.Thesignimprovementswillbecompletedbyourmaintenancecrewsoncethematerialsareprocuredandtheworkscheduled.Thankyouforyourinterestinthismatter.Ifyouhaveanyquestions,pleasecontactScottBatesat(315)428-4380.VerytrulyyoursMichaelA.Gallerani,P.E.ActingRegionalTrafficEngineerCc:JeffreyB.Smith,HighwayDirector,TompkinsCo.HighwayDept.50WolfRoad,Albany,NY12232|www.dot.ny.gov DEPARTMENT OF PUBLIC WORKS 114 Seven Mile Drive, Ithaca, NY 14850 Phone: 607.273.1656 Fax: 607.272.6076 Roads, Parks, Trails, Sewer, and Water www.town.ithaca.ny.us Water/Sewer High Consumption Refund Policy Purpose: To efficiently and fairly evaluate requests for refunds related to water/sewer billing issues due potentially attributable to customer-owned infrastructure or household equipment/fixtures failures efficiently and fairly. Overview: All legal utility connections are monitored through a water master meter, by which consumption of a customer is calculated and billed and monitored on a quarterly basis. The Town of Ithaca recognizes that, from time-to-time, that there are issues with water and sewer utilities on the customer-owned side of municipal infrastructure that lead to excess consumption. All legal utility connections are monitored through a water master meter, which is how the consumption of a customer is billed and monitored on a quarterly basis. Every customer account is different, and requests for a refundrefunds will be viewed on a case- by-case basis. Information for refundsto support refund requests shall be collected equitably using the “Water/Sewer Courtesy High Consumption Refund Request Form.”. All request forms shall be submitted to the Town of Ithaca Public Works Department’s Water and Sewer Maintenance Supervisor for initial review and information collection purposes. Please Customers should provide as much information as possible to ensure adequate review of the request. Requests for refunds are reviewed by the Water and Sewer Maintenance Supervisor, Director of Public Works, Town Supervisor and Town Finance Officer, collectively referred to as the Review Panel, which will decide to grant or deny the request and, if granted, the amount of the refund. Criteria Required for Refund to be Considered: A TOWN OF ITHACA NEW YORK\r*m 18 21 • Customer has provided proof of repair and /or repair was confirmed by a Bolton Point or Town of Ithaca employee within a reasonable timeframe. • Consumption has returned to normal after a repair was confirmed. • The account is not part of a commercial account with an unmetered private distribution system after a master meter, or an account that haswith no way of quantifying water loss.. (After a master meter, etc.) • Consumption for related to refund request is greater than 200% of the customer’s average historical usage over the past 5 years, or the life of the account if less than 5 years. • Application was filed in compliance with Town Code Section 210-8, entitled, “Correction of Errors,” which states, “Any such application shall be filed within 60 days of the time the applicant learns of the claimed error, and in any event within four months of the date of the bill claimed to be in error.” • Application is filed within 60 days of the date of the claimed error and no later than 4 months from the date of the utility bill. • The leak was a hidden leak and not part ofdue to neglect., with confirmationCustomer must prove that potable water did not enter the sewer system as part of a plumbing deficiency. Additional Notes: • Requests that would result in a refund of more than $500 will be subject to an additional review by the Town Board for consideration of approval. • Requests that wouldDecisions by the Review Panel that result in a recommended refund of less than $500 are authorized subject to authorization by the Town Board., after a recommendation by the Review Panel. • Only one billing period will be considered for a high consumption refund related to any one underlying defect, which is assumed to have been remedied at the time of application. Customers are not barred from seeking relief from future unforeseen events. . • Proof of insurance claim and coverage may be required, if applicable. Public Works Department 114 Seven Mile Drive, Ithaca, NY 14850 (607) 273-1656 www.town.ithaca.ny.us WATER/SEWER HIGH CONSUMPTION REFUND REQUEST FORM PLEASE NOTE: Completion of this form does not guarantee that a refund will be made to your water and/or sanitary sewer bill. The high consumption refund request must be submitted within 60 days of the date discovery of the claimed error and in any event no later than 4 months from the date of the utility bill in which the high consumption occurredclaimed to be in error. Only one billing period will be considered for a high consumption refund.per request. Request Date: Customer #: Account #: Customer Name on Account: Customer Daytime Contact #: Name of Property Owner: Service Address: Customer Mailing Address (if different than above): Type of Leak: Pipe Toilet Sump Pump Other (explain) Date of High Invoice: Refund Amount Requested: Date Leak Discovered: Date Leak Repaired: Description of Leak and Repair: Attach all documentation of the repair (invoices, receipts etc.). Refunds may will not be considered without proof of repair. *All requests for refunds due to broken pipes must be accompanied by a statement of denial or coverage completed by insurance company. As the customer for the above listed service address, I hereby apply for a billing refund under the Town of Ithaca’s Water/Sewer High Consumption Refund Policy. I confirm that the above and any attached information is true and accurate. I also acknowledge and understand that only one fee refund may be applied to my utility account in any 60-month period. Customer’s Name (Please Print): Customer’s Signature: Please send the completed High Consumption Refund Request Form and other documentation via: Email: TMills@town.ithaca.ny.us or Mail: Town of Ithaca Water and Sewer Department 114 Seven Mile Drive Ithaca, NY 14850 For office use only: Reviewer’s Name: Repair documentation: Yes No Insurance Statement: Yes No Original Bill Amount: $ Billed Consumption: Avg. Consumption: Excess Consumption: Leak Credit Amount: $ Calculated by: Date: Approval Signature: Date: Revision: 31/827/2022 DRAFT A TOWN OF ITHACA NEW YORKm 18 21