HomeMy WebLinkAboutMN-BPW-2009-05-27BOARD OF PUBLIC WORKS PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 3:40 p.m. May 27, 2009
PRESENT:
Mayor Peterson
Commissioners (5) - Jenkins, Brock, Schlather, Tripp, Wykstra
OTHERS PRESENT:
City Attorney - Hoffman
Superintendent of Public Works - Gray
Assistant Superintendent of Water and Sewer – Whitney
Common Council Liaison – Zumoff
Executive Assistant - Gehring
Excused:
Assistant Superintendent of Streets and Facilities - Ferrel
DAC Liaison – Roberts
Water Supply FEIS Comments – Resolution
By Commissioner Schlather: Seconded by Commissioner Wykstra
WHEREAS, the current water source for the City of Ithaca’s water distribution system
relies upon the Six Mile Creek watershed and the filtration plant, built in 1903, located
on Water Street in the City of Ithaca, and
WHEREAS, due to the age of the filtration plant and impending changes in water quality
standards, significant upgrades to the plant will be required in the near future, including
replacement of the filtration plant, dredging of the upper reservoir and modifications to
the intake system, settling lagoons and access routes to the raw water reservoir and
pipeline, and
WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC)
operates a facility on East Shore Drive which provides drinking water to all or part of five
municipalities, using Cayuga Lake as its water source and the SCLIWC and the City of
Ithaca have executed a Memorandum of Understanding that indicates the willingness of
the SCLIWC to expand its facility to provide water to the City, which includes
decommissioning the existing system, purchasing finished water from the SCLIWC,
which arrangement would require expansion of the SCLIWC facility and construction of
a new water transmission main (pipeline) between the SCLIWC facility and the existing
City distribution system, and
WHEREAS, the choice between these two options involves broad policy concerns with
far reaching implications involving drinking water quality, financial, planning,
environmental, land use, energy use, intermunicipal cooperation, and neighborhood
quality issues, as well as issues of governance related to pricing, treatment and supply
of potable water, and is likely to determine a course of action for the next 50 to 100
years or more, and
WHEREAS, both options are Type I Actions subject to environmental review under the
provisions of the City Environmental Quality Review Act (CEQRA) Chapter 176 of the
City of Ithaca Code as determined in §176-4 B. (1)(h) Any unlisted action (with the
exception of minor subdivisions) occurring wholly or partially within 100 feet of any of
the following: [2] …Six Mile Creek (including its associated gorge and rim area between
the southern boundary of the City and Aurora Street)…and [3] Unique natural areas as
adopted by Common Council; and §176-4 B.(2), Clear-cutting or removal of vegetation
from more than ½ acre; and §176-4 B.(5) Any project or action which exceeds 25% of
any threshold in this section, occurring wholly or partially within or substantially
contiguous to any publicly owned or operated parkland, recreation area or designated
open space …and both options are Type I Actions under the NYSDEC Regulations Part
617, State Environmental Quality Review, (SEQRA) §617.4 (b)(11) any Unlisted action
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that exceeds a Type I threshold established by an involved agency pursuant to section
617.14 of this part, and
WHEREAS, on January 17, 2007, the City of Ithaca Board of Public Works declared its
intent to undertake the environmental review of actions resulting from the upgrade or
replacement of the City’s current water supply and to act as lead agent for that review,
and
WHEREAS, the City of Ithaca Board of Public Works directed the Superintendent of
Public Works, or his designee, to provide the required notice of the Board’s intention to
act as lead agency to all other involved agencies, including the City of Ithaca Common
Council, the City of Ithaca Planning and Development Board, the Tompkins County
Department of Health, the Southern Cayuga Lake Intermunicipal Water Commission,
the New York State Bureau of Water Supply Protection, the New York State Department
of Environmental Conservation, the New York State Department of Transportation, the
Town of Ithaca, and the Village of Lansing, and
WHEREAS, the involved agencies consented or did not reply within the designated 30-
day time frame as specified under the City of Ithaca Code §176-6 C. (1) Coordinated
review, that the City of Ithaca Board of Public Works be designated lead agency for the
environmental review for the project to upgrade or replace the city’s water supply
system, and
WHEREAS, on March 14, 2007, the Board of Public Works, in a vote of 6 in favor, 0
against, declared itself to act as lead agency for the environmental review of actions
resulting from the upgrade or replacement of the City of Ithaca’s current water supply,
and
WHEREAS, on March 28, 2007 the Board of Public Works held a special meeting to
review the Full Environmental Assessment Forms Parts I, II, and III, developed by staff,
for the two water supply options being considered, and this was the sole item discussed
at the regular meeting of the Board of Public Works on April 4, 2007, and
WHEREAS, on April 11, 2007, the City of Ithaca Board of Public Works, as lead agency,
made a positive Declaration of Environmental Significance directing the consulting firm
of O’Brien and Gere, to prepare a Draft Environmental Impact Statement (dEIS) to
evaluate potential impacts of the proposed upgrade or replacement of the City’s current
water supply, and
WHEREAS, on July 26, 2007, the City of Ithaca Board of Public Works held both an
Agency Scoping Session and a Public Scoping Session to identify issues to be
analyzed in the Environmental Impact Statement and,
WHEREAS, on October 3, 2007, the City of Ithaca Board of Public Works adopted a
final scoping document, and
WHEREAS, on July 15, 2008, O’Brien and Gere submitted a dEIS to the City of Ithaca
Board of Public Works, which has examined possible environmental impacts, and
WHEREAS, the City of Ithaca Board of Public Works, as Lead Agency for the purpose
of environmental review, reviewed the dEIS for completeness and adequacy for the
purpose of public review and comment, and has with the assistance of City Staff and
the City’s consultants, O’Brien and Gere, found the dEIS to be satisfactory with respect
to its scope, content, and adequacy, and
WHEREAS, on September 17, 2008, the City of Ithaca Board of Public Works, as Lead
Agency for the purpose of environmental review, approved the filing of a Notice of
Completion/Notice of Hearing for the dEIS, after finding that the dEIS for the Evaluation
of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from
the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the
City’s Existing Water Treatment Plant was satisfactory with respect to its scope,
content, and adequacy for the purpose of commencing public review, and
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WHEREAS, the Notice of Completion/Notice of Hearing was filed in accordance with 6
NYCRR 617.12 and the dEIS made available at public repositories including City Hall,
several libraries, municipal offices within the project area, and on the City’s website, and
WHEREAS, public and agency comments on the dEIS were accepted by the Board of
Public Works between September 17, 2008 and December 5, 2008, and
WHEREAS, the Board of Public Works advertised and held two public hearing sessions
on October 22, 2008 and November 19, 2008 to record oral public and agency
comments on the dEIS, and
WHEREAS, prior to and including May 20, 2009, O’Brien and Gere submitted a
proposed fEIS to the City of Ithaca Board of Public Works, which incorporated the dEIS
by reference and included responses to substantive oral and written agency and public
comments (Responsiveness Summary) received during the comment period, and that
together these documents comprise the fEIS, and
WHEREAS, the City of Ithaca Board of Public Works, as Lead Agency for the purpose
of environmental review, reviewed the fEIS for completeness, and has with the
assistance of City Staff and the City’s consultants, O’Brien and Gere, found the fEIS to
be satisfactory with regard to its scope, content, and adequacy,
now therefore be it
RESOLVED, That the City of Ithaca Board of Public Works, as Lead Agency, hereby
finds that the fEIS for the Evaluation of the City of Ithaca Drinking Water Upgrade
Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal
Water Commission or Replacement of the City’s Existing Water Treatment Plant is
satisfactory with respect to its scope, content, and adequacy for the purpose of
commencing public review, and
BE IT FURTHER RESOLVED, That the City of Ithaca Board of Public Works hereby
requests that the Mayor direct City staff and/or consultants to take those steps,
including filing a Notice of Completeness of the fEIS as required under 6 NYCRR Parts
617.1 and distributing the fEIS to all involved agencies and the public, as may be
necessary or appropriate in order to complete the environmental review process, and
BE IT FURTHER RESOLVED, That the City of Ithaca Board of Public Works hereby
requests that they Mayor direct City staff and/or consultants to prepare a draft Findings
Statement in accordance with 6 NYCRR 617.11 for review by the Board of Public
Works, as Lead Agency, prior to its decision on a recommendation regarding the water
source choice (which decision may not occur less than 10 days following the filing of the
afore-mentioned Notice of Completion).
City Attorney Hoffman distributed a revised resolution regarding the water supply fEIS.
Mayor Peterson requested that Director of Planning and Development Cornish and
O’Brien and Gere Consultants, Steve Eckler and Rick Gell, join the Board for the
discussion.
Discussion followed on the floor regarding the new documents that the Board received
prior to the meeting. Mr. Eckler explained that the documents had only minor revisions
or corrections, and were not re-printed and distributed in an effort to save paper.
Further discussion followed on the floor regarding the revisions made to the draft
resolution by City Attorney Hoffman. Mayor Peterson requested clarification as to who
would file the Notice of Completion. Director of Planning and Development Cornish
responded that the filing would be done jointly by the City and the consultants.
Discussion followed on the floor regarding proper procedure under SEQR laws. Further
discussion followed on the floor regarding amendments to the draft resolution. Supt.
Gray stated that it was his understanding that the City is not required to publish the fEIS
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for the public during the 10-day waiting period between the acceptance of the fEIS and
the filing of the Notice of the Completion, only that the City is required to not act for 10
days. Mr. Eckler stated that additional public comment can be accepted by the City
regarding the fEIS.
Commissioner Schlather stated that he believes the 10-day waiting period serves two
purposes. One is to receive comments, and the other is to assist in the decision-making
process. City Attorney Hoffman explained that CEQR rules state the 10-day waiting
period is to consider the findings in the fEIS after the Notice of Completion is filed.
Discussion followed on the floor regarding other revisions to the draft resolution.
Commissioner Brock requested information regarding the management and control of
potable water, and if it should be considered in the Board’s decision. Discussion
followed on the floor regarding some of the changes made to the table on page 12 and
the response to item 3 on page 41.
Amending Resolution:
By Commissioner Wykstra: Seconded by Commissioner Brock
RESOLVED, That the fourth Whereas be amended to read as follows:
“WHEREAS, the choice between these two options involves broad policy concerns with
far reaching implications involving drinking water quality, financial, planning,
environmental, land use, energy use, intermunicipal cooperation, and neighborhood
quality issues, as well as issues of governance, cost, treatment and supply of potable
water, and is likely to determine a course of action for the next 50 to 100 years or more,
and…”
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca Board of Public Works, as Lead Agency, hereby
finds that the fEIS for the Evaluation of the City of Ithaca Drinking Water Upgrade
Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal
Water Commission or Replacement of the City’s Existing Water Treatment Plant is
satisfactory with respect to its scope, content, and adequacy, and”
Carried Unanimously
Amending Resolution:
By Commissioner Schlather: Seconded by Commissioner Tripp
RESOLVED, That the third Resolved clause be amended to read as follows:
“BE IT FURTHER RESOLVED, That the City of Ithaca Board of Public Works hereby
requests that the Mayor direct City staff and/or consultants to prepare a draft Findings
Statement in accordance with 6 NYCRR 617.11 for review and determination by the
Board of Public Works, as Lead Agency, prior to its decision on the water source
choice. The determination of findings shall not be made less than 10 days following the
filing of the afore-mentioned Notice of Completion.”
Carried Unanimously
Discussion followed on the floor regarding the comment concerning the 30’ construction
area required for the 30” pipe that would be installed under the purchase option and the
possibility of the need for a larger construction area. After review of Appendix Q, as
mentioned in the fEIS, the Board determined that 30’ is the minimum amount of space
required.
Mayor Peterson stated that due to the change in the final Resolved clause, specifically
relating to the statement “prior to its decision on the water source choice,” she would
vote against the resolution. She further stated that Common Council will make the final
decision on the City’s future water source. Discussion followed on the floor regarding
the role of the Board of Public Works and Common Council in the decision-making
process for the City’s future water source.
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Call the Question
By Commissioner Tripp: Seconded by Commissioner Wykstra
RESOLVED, That the Question be Called on the determination of the Board’s decision
on water source options.
Carried Unanimously
Main Motion as Amended:
A Vote on the Main Motion as Amended Resulted as Follows:
Ayes (5) Brock, Jenkins, Schlather, Tripp
Nayes (1) Peterson
Abstentions (0)
Carried
Power to Act – Award of Bid for East State Street Rehabilitation – Resolution
By Commissioner Schlater: Seconded by Commissioner Tripp
WHEREAS, the City of Ithaca has taken bids on reconstruction of the 300 block of East
State Street with the intention of rebuilding it in kind as a clay brick paved street, and
WHEREAS, during design a number of underground utility improvements were included
in the project to complete the scope of the reconstruction and to reduce future
disturbance to the brick paving, and
WHEREAS, the City has received two bids for the reconstruction project at its bid
opening on May 12, 2009, now therefore be it
RESOLVED, That the Board of Public Works finds that neither bidder has documented
all of New York State Department of Labor Certified Apprenticeship Programs as
required by the City of Ithaca’s Apprenticeship Policy and the Board therefore, for this
project, waives the City’s requirement that any construction contract in excess of
$500,000 be awarded to contractors that participate in New York State Certified
Apprenticeship Programs as allowed in Common Council’s resolution of January 5,
2005, and be it further
RESOLVED, That the Board of Public Works awards the bid for East State Street
Reconstruction to G. DeVincentis & Sons Construction Company for their low bid of
$569,000.00, contingent upon the creation of a Water Distribution System
Improvements Capital Project by Common Council, and be it further
RESOLVED, That the projects Post-Bid budget of $652,000 will be funded as follows:
General Fund CP #730 E. State Street $355,000
Sewer Fund CP #611 Collection Sup. 157,000
Water Fund CP # Distribution Sup. 140,000
$652,000
where the water fund capital project will be created by Common Council prior to issuing
the Notice of Award by the Superintendent of Public Works.
City Attorney Hoffman stated that his office had recently become aware of legal issues
regarding the East State Street Rehabilitation Project regarding the City’s
Apprenticeship Policy requirement.
Mayor Peterson requested Assistant City Engineer West join the Board in the
discussion. Assistant City Engineer West suggested the Board reconsider the
resolution that was tabled at their last Board meeting. Discussion followed on the floor
regarding the reason for considering that particular resolution. Supt. Gray stated that
documentation was requested from both lowest bidders stating they were involved in
New York State Department of Labor (NYSDOL) Apprenticeship Programs. He further
stated that neither bidder is currently listed as being involved in the programs on the
NYSDOL website so, under City Code, the City may waive the apprenticeship program
requirement.
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Assistant City Engineer West stated that G. DeVincentis & Sons told the City they do
not participate in any apprenticeship programs. He further stated that Wenzel
Contractors has provided proof that they participate in two apprenticeship programs:
Bricklayers & Allied Craftsmen and Laborers International Union of North America.
Discussion followed on the floor regarding the requirement of participating in apprentice
programs for each trade represented within the project. Assistant City Engineer West
explained that there are a total of nine separate trades that would be utilized in the East
State Street Rehabilitation Project.
A Vote on the Resolution Resulted as Follows:
Carried Unanimously
ADJOURNMENT
On a motion, the meeting adjourned at 5:38 p.m.
Kathy Gehring Carolyn K. Peterson
Executive Assistant Mayor