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HomeMy WebLinkAboutMN-SJC-2018-09-192018.09.19 APPROVED SJC minutes.doc 1 SJC MEETING September 19, 2018 SJC Members Staff Cynthia Brock, Chair Steve Thayer Supervisor Bill Goodman CJ Kilgore Rich DePaolo Erik Whitney Tee-Ann Hunter Scott Gibson Laura Lewis Guest Absent Dan Lamb (Dryden Alternative) Brian Davis Supervisor Jason Liefer Dave Warden Cynthia called the meeting to order at 1:00 p.m. Rich MOVED to accept the July 18th minutes. Seconded by Tee-Ann. Approved 5-0. Financial Report – Steve Thayer 2018 Activity through August – Revenues – running right about at budget. Debt service invoices will go out next month. Expenses - running pretty much as anticipated at this time. Treatment supplies continues to run high and hourly part-time is running high. Keep in mind that all revenues and expenses do not necessarily follow the calendar year. Our deficit is just about $409,000.00 - we did budget a deficit of $250,000.00. - we are on track. Capital Project 414J – Flow Meters – $1,300.00 +/- - Engineering design services. Capital Project 420J – Plant Improvements - $70,000.00 +/- - Engineering design services. Tee-Ann asked about debt service and the interest – Steve replied that our BANS are one year notes – 1.7% compares to 4% permanent bonding. Tee-Ann asked why we are not using our surplus fund balance to retire our bonds or BANS. Steve said that it is a matter of choice but that current interest rates have been very good. He added that they are creeping up slowly. Rich questioned the increase in treatment supplies. CJ responded that the screw presses use more polymer and added that we are pressing more. Rich asked if the additional manure offset the increase in polymer cost. Tee-Ann wondered if we could access any increases in energy production. 2018.09.19 APPROVED SJC minutes.doc 2 CJ will look at the costs and fees related to Manure and Hydrolysate for the October meeting. Laura asked about the hourly part time budget. We have been using interns (taken from the part time hourly budget line) to fill the Lab Technician position duties until she begins in October. 2019 Budget – proposed budget provided by Steve. He builds off of the staff submission looking at past history and future projections. Consumption figures provided by the owners – percentage has changed. Cayuga Heights is not included in the Town of Ithaca figure this year. Cayuga Heights believes that certain water consumption area(s) may have been included twice. Bill offered to discuss this at the next meeting of six – he may ask Bolton Point and Cayuga Heights to attend the October meeting. Revenues - Septage service increased to $405,000.00 based on activity. Sewer Service Other Governments and Debt service have been increased. Expenses - Staff salaries – increased $140,000.00 - contractual obligations and filling additional positions. CJ responded that two operator/trainees were added and four operators were promoted to senior operators. The maintenance worker is full time. CJ anticipates hiring an assistant chief in 2019. Erik described the new staffing structure - includes positions with supervisory responsibilities. Vehicle – (210) new vehicle. Other Equipment - (225) strainer. Utilities – (410) still seeing some efficiencies attributed to the plant improvements. Contracts – (435) reduced by $145,000 – the 2018 expense to clean the digester (recommend every 5-7 years). The $20,000 estimate for turbine maintenance will need to be increased to $50,000. Contracts – (436) return to general fund overhead charge was reduced to 5.8 percent from 6.5. Insurance – estimate used – real number will be available December 1. Treatment Supplies – both cost and usage have increased. Sludge Disposal – will be bidding may need to be increased. Benefits – state retirement and social security - increases related to additional positons. Health Insurance looking at 5% increase as part of the consortium. Debt Service – change in interest rates and the purchase of an additional BAN. Fund Balance – to use $225,000. Cynthia asked about the 2018 fee schedule. CJ is contemplating increasing the fee to dispose of grease. He will provide revenue and volume figures next month. Operations and Engineering Report – CJ Kilgore 1. Plant Maintenance & Operations a. Micro Turbine Maintenance Agreement – received proposal from GEM Energy. The energy performance contract took care of this for the first five years/40,000 hours. The proposal is approximately $50,000.00 per year for the next four years and will cover four over hauls. The high tech nature of the turbines explains the high costs. CJ has been working with GEM Energy on revising the sequencing of the turbines to have them work at their maximum efficiency. 2018.09.19 APPROVED SJC minutes.doc 3 Tee-Ann MOVED to accept the proposed Microturbine Maintenance Agreement with GEM Energy. Seconded by Laura. All in favor 5-0. WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has four (4) C65 Capstone Turbine Corporation Microturbines, which are a vital component in the aeration wastewater treatment process, and WHEREAS, on April 28, 2014, Johnson Controls, Inc. (JCI) entered into a four year agreement with Gem Energy to conduct maintenance services on these microturbines at scheduled intervals as part of an Energy Performance Contract signed between JCI and the IAWWTF at or around this time, and WHEREAS, the aforementioned agreement between Johnson Controls, Inc. and Gem Energy has now expired, and WHEREAS, the IAWWTF is desirous in entering into a continued Factory Protection Plan Agreement with Gem Energy for similar maintenance service at scheduled intervals, and WHEREAS, Gem Energy has provided the IAWTTF with a four year cost proposal in the amount of $49,721.00 per year for a sum total of $198,884.00, now therefore be it RESOLVED, that the Special Joint Committee (SJC) agrees to authorize this agreement in an amount not to exceed $198,884.00 for costs required to maintain the IAWWTF microturbines. b. Sludge/Biosolids and Grit/Screenings Contract – our current contract has expired - we are presently working off an extension. Bid opening will be held October 2. Rates are anticipated to increase 20% – 25%. CJ said that he plans to include biosolids drying in the next capital project. Cynthia would like to see the procedure and offered that the plant be included early in the review process of industrial users. 2. Facilities Maintenance & Operations a. Ithaca Beer – had a productive meeting with OBG engineers, Erik, Scott, Dan Thaete, Joe Slater and Dan Mitchell. They are moving forward and will be providing us with information – communication has improved. CJ will be issuing a Notice of Violation Compliance Order. 3. Staff Management – a. Senior Operators - two operators were promoted. Amber Mase and Derek Overstrom. b. Operator Trainees – two were hired. Mike Soule and Sam Fish. c. Lab Tech position – Roxanne Roberts will be starting in October. 4. Business, Long Term development – CHD Grit Removal and Misc. Improvements - the 95% complete submittal has been received. The high end estimate is $7.19 million. 2018.09.19 APPROVED SJC minutes.doc 4 Laura MOVED to authorize the resolution of the bid amount of $7,190,000.00 for Capital Project Construction Phase for Grit Removal Project, Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility. Seconded by Tee-Ann. Approved Unanimously 5-0. WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, staff, in association with the Plant’s consulting engineers, GHD, have completed the final drawing, specifications, and Contract bid Documents in accordance with GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised Scope of Services and Engineering Fee Grit Removal and Concrete Restoration Project, and WHEREAS, a project cost estimate has been prepared by GHD which includes the following; Contract 1 - General Site work, chemical unloading, vac-truck pad $320,000 Concrete Repairs $150,000 Influent Building Improvements $160,000 Grit System $2,160,000 Stair Tower Replacement $160,000 Misc. (Weirs, scum collectors, gas piping, doors, etc.) $1,470,000 Subtotal Contract 1 $4,420,000 Contract 2 - Electrical Electrical $350,000 Emergency Generator Replacement $800,000 Instrumentation & Controls $110,000 Subtotal Contract 2 $1,260,000 Contract 3 - HVAC HVAC $310,000 Subtotal Contract 3 $310,000 Subtotal Construction $5,990,000 Contingency 10% $600,000 Total Construction $6,590,000 Engineering, Testing, Legal, Administration $600,000 Total Project Cost $7,190,000 WHEREAS, the Special Joint Committee (SJC) recommends to the Owners that this project be authorized and funded in an amount not to exceed $7,190,000 for the costs required to construct the Grit Removal and Concrete Restoration project in its entirety, and be it further 2018.09.19 APPROVED SJC minutes.doc 5 RESOLVED, That SJC hereby recommends authorization of this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $4,108,366 Town of Ithaca 40.88 $2,939,272 Town of Dryden 1.98 $142,362 $7,190,000 Cynthia clarified that operations and maintenance costs are allocated based on consumption. Debt is allocated based on ownership. A discussion of the upgrades/repairs followed including phasing the project over two years if components of the project could be separated out. This capital project is a continuation of various plant improvements. 5. Energy Production Statistics – provided by CJ. Voting Items – A. Micro Turbine Maintenance Agreement - above. B. Behind the Meter Battery Storage Contract – NYSEG funded two year pilot program project beginning October 2019. This will reduce the load on the power grid during high demand periods. Cynthia added that guaranteed savings should be at least 7%. Rich MOVED to accept the Resolution Behind the Meter Battery Storage System (BTM) Agreement Between NYSEG and the Ithaca Area Wastewater Treatment Plant. Seconded by Tee-Ann. Approved 5-0; Passed Unanimously. WHEREAS, New York State Gas and Electric (NYSEG) is sponsoring a Behind the Meter (BTM) Battery Storage System Demonstration Program through May 1, 2021, and WHEREAS, NYSEG is seeking to conduct this demonstration program at various Commercial and Industrial sites meeting specific power usage and site location requirements in NYSEG’s “Energy Smart Community,” and WHEREAS, eligible Customers who participate in the program will help NYSEG test new ways to make the electric grid more flexible and to include more renewable energy sources into the existing system, and WHEREAS, the IAWWTF was determined to be an eligible Customer after a preliminary review which included an inspection of the premises and a review of historical electricity usage data by NYSEG, and WHEREAS, NYSEG desires to enter into an agreement with the IAWWTF for a BTM program, and WHEREAS, the conditions of the agreement provide a no cost to Customer BTM on the premises, and 2018.09.19 APPROVED SJC minutes.doc 6 WHEREAS, the agreement provides the IAWWTF with guaranteed electricity bill savings, increased control over energy usage, and increased sustainability, and WHEREAS, the agreement projects a net electrical savings to the IAWWTF of $459.56 per month with a guaranteed net savings of at least 7%, and WHEREAS, after a two year trial period, the IAWWTF will have the opportunity to purchase the battery from NYSEG, renewing the subscription agreement, or discontinuing the participation in the program, now therefore be it RESOLVED, the Special Joint Committee (SJC) authorizes a no cost BTM Demonstration Agreement between the IAWWTF and NYSEG, and be it further RESOLVED, that the terms of the agreement will be from the Effective Date of signature through May 1, 2021. C. Capital Project Resolution – GHD – above. D. IAWWTF – Review/Adopt Right to Preserve Language – Cynthia offered that a statement disclosing that properties within 1,200 feet of the plant may be subject to nuisance activities be required to be presented to the new owner at the time of property sale. The property is being considered for possible recreation and high end use. Cynthia would like to recommend Bill MOVED to accept the Resolution of Preservation of the Ithaca Area WasteWater Treatment Facilities as amended and that the City consider the proposed or similar legislation requiring a statement of disclosure. Seconded by Laura. Approved 5-0. WHEREAS, areas in close proximity to the Ithaca Area Wastewater Treatment Facility (IAWWTF) has been slated for mixed-use development, including residential, recreational and restaurant use, and WHEREAS, where non-industrial land uses, especially residential development, extend into land areas within 1,200 feet of the property boundary (IAWWTF Setback Zone), waste water treatment operations may be the subject of nuisance complaints, and WHEREAS, such complaints may request the curtailment of waste water treatment operations, and discourage investments, improvement and expansion for waste water treatment operations, such curtailment which is detrimental to the economic viability of the City and Town of Ithaca and Town of Dryden and the surrounding areas the IAWWTF serves, and WHEREAS, it is the declared policy of the Special Joint Committee (SJC) and the City of Ithaca to conserve, enhance, and encourage adequate and appropriate waste water treatment operations within the City and to minimize potential conflict between IAWWTF operations and non-industrial land uses, and 2018.09.19 APPROVED SJC minutes.doc 7 WHEREAS, this policy can be best implemented by educating residents and businesses as to the laws protecting IAWWTF operations from conflicts with non-industrial uses by notifying owners and users of property within the IAWWTF Setback Zone of inherent potential problems associated with locations adjacent to or in the vicinity of waste water treatment operations, including, but not limited to, odors, trucks, lighting, construction, noise, dust, chemicals, discharge, smoke and extended hours of operation which may accompany such waste water treatment operations, now therefore be it RESOLVED, the Special Joint Committee (SJC) requests that the City of Ithaca consider the proposed or similar legislation requiring a statement of disclosure of the condition of the properties adjacent to or in the vicinity of the IAWWTF. CHAPTER __. PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES ARTICLE 1. DEFINITIONS DEFINITIONS: Unless the context otherwise requires, the following definitions in this section shall govern the construction of this Chapter: (a) “IAWWTF” shall be the Ithaca Area Waste Water Treatment Facility located at 525 Third Street, Ithaca. (b) "IAWWTF Setback Zone" shall mean those land areas of the city of Ithaca within 1,200 feet of the property boundary of the Ithaca Area Waste Water Treatment Facility. (c) "IAWWTF operations" shall mean and include, but not be limited to, the delivery and receiving of trucked waste and sanitary waste, aeration and treatment of waste water, biosolids management, processing of wastewater and biogas, and activities incident to or in conjunction with the treatment and handling of wastewater and residual materials. ARTICLE ___ 3. PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES PURPOSES: (a) Where non-industrial land uses, especially residential development, extend into the IAWWTF Setback Zone, or locate in the vicinity of the IAWWTF, waste water treatment operations may be the subject of nuisance complaints. Such complaints may request the curtailment of waste water treatment operations, and discourage investments, improvement and expansion for waste water treatment operations. Constraints on operations, management and possible expansion of the IAWWTF is detrimental to the health, safety, and economic viability of City and Town of Ithaca, Town of Dryden and surrounding areas for which it serves. It is the purpose and intent of this Chapter to protect the resources and services provided by the IAWWTF to the larger community. (b) It is the declared policy of the City of Ithaca to conserve, enhance and encourage adequate and appropriate waste water treatment operations within the City, and to minimize potential conflict between IAWWTF operations and non-industrial land uses within the City. 2018.09.19 APPROVED SJC minutes.doc 8 (c) This policy can best be implemented by educating residents and businesses as to the laws protecting IAWWTF operations from conflicts with non-industrial uses, and by notifying owners and users of real property in the City of inherent potential problems associated with the ownership and/or use of real property located adjacent to or in the vicinity of waste water treatment operations, including, but not limited to, odors, trucks, lighting, construction, noise, dust, chemicals, discharge, smoke and extended hours of operation which may accompany such waste water treatment operations. It is intended that through the use of such notice owners and users of real property within the City will better understand the impact of living near waste water treatment operations and be prepared to accept such problems as the natural result of living on or near the IAWWTF lands. NUISANCE: No operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with the proper and accepted customs and standards established and followed by similar waste water treatment operations, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. DISCLOSURE STATEMENT: (a) Upon any transfer by sale, exchange, installment land sale contract, as defined in section _______ of the ___________ Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property, or residential stock cooperative, the transferor shall deliver to the prospective transferee the written statement required by subsection (b) of this section. (b) The disclosure statement shall contain, and be in the form of, the following: LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN TOMPKINS COUNTY, CITY OF ITHACA, DESCRIBED AS_______________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO__ OF THE ORDINANCE CODE OF THE CITY OF ITHACA AS OF __________. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. SELLER’S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyer(s) may rely on PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with 2018.09.19 APPROVED SJC minutes.doc 9 any actual or anticipated sale of the property. THE FOLLOWING ARE THE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF ITHACA. AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DIS-CLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. The City of Ithaca supports operation of properly conducted waste water treatment operations with the City. If the property in which you are taking an interest is located near the IAWWTF, or included within the IAWWTF Setback Zone, you may be subject to inconveniences or discomfort arising from such operations. Such may include, but may not necessarily be limited to: odors, trucks, lighting, construction, noise, fumes, dust, smoke, discharge, operation of machinery during any 24 hour period, storage and disposal of biosolids and trucked waste, and the application of chemicals, amendments. One or more of the inconveniences described may occur as a result of any operation which is in conformance with existing laws and regulations and accepted customs and standards. If you live near the IAWWTF, you should be prepared to accept such inconveniences and discomfort as a normal and necessary aspect of living in proximity to a waste water treatment facility. Seller certifies that the information herein is true and correct to the best of Seller ’s knowledge as of the date signed by the Seller. Seller_____________Date_____________ Seller_____________Date_____________ BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT Seller_____________Date_____________ Buyer_____________Date_____________ Seller_____________Date_____________ Buyer_____________Date_____________ Agent (Broker Representing Seller)_____________ By_____________ (Associate Licensee or Broker) Date_____________ Agent (Broker Obtaining the Offer)_____________ By_____________ (Associate Licensee or Broker) Date_____________ A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. INTENT: Pursuant to section ____________of the City of Ithaca Code, it is intended by section ___ of this Chapter to require disclosures in addition to those disclosures required by section ______ of the City of Ithaca Code. 2018.09.19 APPROVED SJC minutes.doc 10 PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES NOTICE: (a) All discretionary approvals by the City of Ithaca for parcel maps, subdivision maps or use permits relating to agricultural land, or real property located within the IAWWTF Setback Zone, shall include a condition that the owners of such real property record a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES Notice" in substantially the form provided in subsection (d) of this section. (b) All applicants for building permits for new residential or commercial construction to be issued by the City of Ithaca located within the IAWWTF Setback Zone shall be provided with a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES Notice" in substantially the form provided in subsection (d) of this section. (c) The Clerk/Recorder/Assessor of the County shall include a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES Notice" in substantially the form provided in subsection (d) of this section with any grant deed, quitclaim deed or land sale contract returned to the grantee by the Clerk/Recorder/Assessor after recording. (d) "City of Ithaca PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT FACILITIES Notice". It is the declared policy of the City of Ithaca to conserve, enhance and encourage waste water treatment operations within the City of Ithaca. Residents of property within the IAWWTF Setback Zone land should be prepared to accept the inconveniences and discomfort associated with waste water treatment operations, including, but not necessarily limited to: odors, trucks, lighting, construction, noise, fumes, dust, smoke, discharge, operation of machinery during any 24 hour period, storage and disposal of biosolids and trucked waste, and the application of chemicals, amendments. Consistent with this policy, City of Ithaca Code section ________ provides that no operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with the proper and accepted customs and standards established and followed by similar waste water treatment operations, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. NOTICE TO CORRECT: After receiving a complaint from an occupant within the IAWWTF Setback Zone, the City of Ithaca Assistant Superintendent of Water and Sewer shall immediately notify the Special Joint Commission of the Ithaca Area Waste Water Treatment Facility of the complaint. If the City of Ithaca Assistant Superintendent of Water and Sewer determines that such use does not conform with the proper and accepted customs and standards established in similar waste water treatments facilities, he or she shall endeavor specify any measures required to correct the situation, and the time within which the measures must be taken. 2018.09.19 APPROVED SJC minutes.doc 11 Discussion Items a. Joint Sewer/Plant to Plant/Intermunicipal Agreement – Bill – they met in July and talked of I/I the better flow meters with provided more data. The issue of capacities (permitted capacities) and ownership percentages (selling capacities) will be discussed at the next meeting in October. The new growth in Dryden, Varna and Cornell North campus housing will be going to the Thurston Ave interceptor – capacity will be looked at. Cynthia added that there is the desire of the municipalities to work together – the information could be centralized and shared to dovetail programs. We are gathering information together regarding shared interceptors that are at or are nearing capacity. Rich brought up that pressure and fire flow are concerns. Lansing’s need for both water and sewer for future development will need to be addressed. The different capacities were discussed. Erik mentioned that the EPA is coming to look at the collection system September 27th. Laura MOVED to adjourn. Seconded by Tee-Ann. All were in favor. Approved 5-0. Meeting was adjourned @ 3:17 p.m. The Next Meeting is October 17th, 2018, 1:00 pm.