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HomeMy WebLinkAboutMN-SJC-2019-06-19 MN-SJC-2019-06-19.doc 1 SJC MEETING June 19, 2019 SJC Members Staff Cynthia Brock, Chair Scott Gibson Ray Burger (Dryden Alternate) CJ Kilgore Rich DePaolo Steve Thayer Supervisor Bill Goodman Erik Whitney Laura Lewis Jose Lozano Dave Warden Amber Mase Supervisor Jason Liefer Ed Gottlieb Absent Brian Davis Guest Dan Lamb (Dryden Alternate Chris Kianka: Lectre Solutions Tee-Ann Hunter Dan Thaete; Town of Ithaca Cynthia called the meeting to order at 1:02 p.m. Introductions were made. Cynthia added a discussion of a grant application by Jose Lozano to the agenda. Laura MOVED to accept the May 22th minutes. Seconded by Rich. Approved 6 - 0. Financial Report – Steve Thayer Activity through May 31 Revenues – We have collected two quarters of the owner’s payments. Septage revenue to date is a little over $109,000.00 - it is running a little below budget due to timing. Debt service will be invoiced later in the year (November). We have collected $1,500,000.00 – and are on budget. Expenses – We have expended $1,867,000.00 - most accounts look pretty good. We will be adjusting the salary lines to account for the intern for the remainder of the year. We will continue to monitor treatment supplies and sludge disposal fees to see if we increased them enough over the 2018 figure. Health insurance is always one month ahead of schedule. We have a deficit of $356,000 but budgeted for a deficit of $365,000.00. Expenses look good. Capital Project 414J – Flow Meters – $1,120.00 design costs. We moved funds from Capital Reserve to cover the design phase of this project. Capital Project 422J – Plant Improvements – no activity. The auditors are on site and are proceeding with the audit – we should have the report in September. Steve will provide fund balance activity as soon as he has approval. MN-SJC-2019-06-19.doc 2 2020 Budget Activity – budget guidelines have been distributed by the Mayor. Requested increases are .15% and .5% after the labor contract increases have been satisfied – The Preliminary Budget will be due August 1st. The CSEA Administration Contract expires December 2019 – negotiations will start in September - the goal is to have an agreed upon contract by the end of the year. Operations and Engineering Report – CJ Kilgore 1. Plant Maintenance & Operations Monitoring Station Update – 2. Facilities Maintenance & Operations a. Ithaca Beer – their pretreatment and equalization system is up and operational. There were some minor excursions during start-up and system tweaking – overall working well. b. Monitoring Stations – CJ asked that Chris report. Chris said that he had encountered some delays as a result of the rapid improvements in technology. They decided on open architecture to allow for other studies/data to be plugged into the system without any additional effort. Retro fitting is progressing at Thurston and University. Chris hopes to have all 15 (including Varna and Forest Home) stations up and running by the end of September. The data will be available on the web - all flow variations will be time-date stamped. He plans to backfill with the manually collected data that is on file. He estimates the annual cost per station to be around $200.00 per year. Dan Thaete added that Bolton Point has offered the use of their AMI network. Chris will follow up to determine if this is a viable option and will check costs. Erik stated that due to the locations (nooks, crannies and gorges) of our monitoring stations some areas might be too remote to be read by using a fixed base antennae based system. Chris responded that the stand alone units he is planning to use are able to transmit from just about anywhere. c. Grit Removal and Misc. Improvements – we are still waiting for DEC approval. We should able to approve the low bidder approximately two months after going out to bid. 3. Staff Management - a. Wastewater Treatment Plant Operator/Trainee – Trent Gardner started May 20th. 4. Reporting – CJ mentioned City Harbor wants to use our effluent water for heating and cooling purposes. 5. Business, Long Term development – 6. Energy Production Statistics – provided by CJ. Voting Items – Presentation/Discussion Items – a. Monitoring Station Update – (above) MN-SJC-2019-06-19.doc 3 b. Audit of consumption data – Erik has talked with the City GIS Administrator. They are preparing a project to look at all of the City’s sewer sheds in coordination with the water meters. Ruth Aslanis will be contacting Bolton Point GIS to see if together they can coordinate something. This project will provide an additional baseline for our future infiltration and inflow study. Erik is presently working on the coordination of two EFC engineering study grant applications – an I/I study and a Class A Biosolids study. Tim Carpenter of MRB has put together the paperwork and resolutions to be presented to the City Admin Committee tonight. An Initial Engineering/Planning Grant Study is necessary in order to be eligible for the next phase of grants to pay for an I/I project. Erik said this is about one year out - he added that the grant must be issued to a municipality. The SJC members granted support to move ahead with the initial resolutions. Bill asked about local matching funds. Erik replied that matching funds of $6,000.00 are for a $30,000.00 grant. c. Right to IAWWTF Disclosure Ordinance ORDINANCE 2019- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. Common Council makes the following findings of fact: A. 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. B. 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 Ordinance to protect the resources and services provided by the IAWWTF to the larger community. 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 MN-SJC-2019-06-19.doc 4 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. D. Therefore, the Common Council intends for this Ordinance to implement the above-described education and notification disclosure requirement to all property users within the IAWWTF Setback Zone. Section 2. Creation of Section 262-137, Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Requirement. The Ithaca Municipal Code shall be amended so as to create a new Section 262 -137 as follows: §262-137 Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Requirement A. Definitions. For the purposes of this section: (1) “IAWWTF” shall be the Ithaca Area Waste Water Treatment Facility located at 525 Third Street, Ithaca. (2) "IAWWTF Setback Zone" shall mean those land areas of the city of Ithaca west of Route 13 within 1,200 feet of the property boundary of the Ithaca Area Waste Water Treatment Facility. (3) "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. B. NUISANCE. No operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with current accepted professional practices, and comply with current regulatory standards, 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. C. PRESERVATION OF ITHACA AREA WASTE WATER TREATMENT FACILITY DISCLOSURE NOTICE REQUIREMENT. (1) Upon any transfer by sale, exchange, rental agreement, installment land sale contract, lease, 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 C(2) of this section. (2) The disclosure statement shall contain the following: Preservation of Ithaca Area Waste Water Treatment Facility Disclosure Notice 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 MN-SJC-2019-06-19.doc 5 IN COMPLIANCE WITH SECTION 262-137 OF THE ORDINANCE CODE OF THE CITY OF ITHACA AS OF __________. THE FOLLOWING ARE THE REPRESENTATIONS MADE BY THE SELLER(S)/PROPERTY OWNERS AS REQUIRED BY THE CITY OF ITHACA. 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 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, delivery and application of chemicals, and storage, and disposal of biosolids and trucked waste. 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 professional standards. If you live or operate near the IAWWTF, you should be prepared to accept such inconveniences and discomfort as a normal and necessary aspect of living and operating in proximity to a waste water treatment facility. Owner/Seller:___________________________ Date:____________________ Owner/Seller:___________________________ Date:____________________ Buyer/Renter:___________________________ Date:____________________ Buyer/Renter:___________________________ Date:____________________ (3) All discretionary approvals by the City of Ithaca for parcel maps, subdivision maps or use permits relating to 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 C(2) of this section. (4) 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 C(2) of this section. (5) 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 C(2) of this section with any grant deed, quitclaim deed or land sale contract located within the IAWWTF Setback Zone returned to the grantee by the Clerk/Recorder/Assessor after recording. (6) "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 MN-SJC-2019-06-19.doc 6 operations within the City of Ithaca. Residents, operators, and owners 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, delivery and application of chemicals, and storage, and disposal of biosolids and trucked waste . Consistent with this policy, City of Ithaca Code Section 262-137 provides that no operation, conducted or maintained for the purposes of serving the IAWWTF, and in a manner consistent with with current accepted professional practices, and comply with current regulatory standards, 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. D. 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 Chief Operator 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 operations at the IAWWTF do not conform to current accepted professional practices, and do not comply with current regulatory standards, he or she shall endeavor specify any measures required to correct the situation, and the time within which the measures must be taken. – Cynthia stated that the planning and economic development committee has agreed to put the draft ordinance out for comment. She said that Council agreed to a disclosure ordinance in 2017 when the waterfront zoning was adopted (for properties within the setback zone of the wastewater treatment plant). Notification would be made (upon transference of property) that there is an industrial facility present. The ordinance includes possible negative impacts that may occur in conjunction with the operations of the plant. Cynthia said that the City attorney feels that Item “B” (titled nuisance) is ineffective and suggested to delete that clause. In addition - the City attorney requested that the members and staff look at the Notice to Correct (to make sure that all that is in place can actuall y be followed by the City). She added that it was raised at committee that the description of the possible negative effects was “scary” and there was concern about unnecessarily alarming or frightening future tenants/property owners with the language. Cynthia distributed both the draft substitution that was put forward by planning staff and the acceptable language substitution that was proposed by Erik. She requested that the members review both - keeping in mind that the purpose of the ordinance is to educate. The complaint review process looks at the “activity” and the “operation” - as long as the “activity” is within currently accepted practices it should be allowed – if not – the activity should be corrected. Cynthia said that the committee members appreciated that Rich spoke about the importance of the ordinance and wanted to hear from other SJC board members. She requested that members come to the July 10th 6:00 pm. meeting (in case there is opposition to the ordinance). MN-SJC-2019-06-19.doc 7 If it is passed - Cynthia would like the members to attend the Council meeting on August 7th. Laura offered that some of the wording be made more clear and factual to be more helpful to the public. She offered that because the setback zone is defined as within 1,200 feet - it is not necessary to include “or locate in the vicinity of the IAWWTF” (Section 1 B). (the members agreed to this change). Laura stated that her main concern is to clarify the goal – to both educate the public and to protect the facility against nuisance complaints. Cynthia said that the goal is to educate and advise (so that people can make an informed decision) - it will not immunize the plant against nuisance claims. She requested to eliminate (Section 1 C) “educating residents and businesses as to the laws protecting IAWWTF operations from conflicts with non-industrial uses and by” and “or in the vicinity of” (the members agreed to modify this change by not excluding “educating residents”) and changing “City” to “setback zone”. She additionally requested to eliminate “be prepared to accept such problems as the natural result of living on or near the IAWWTF lands”. (The members agreed to: “ It is intended that through the use of such notice owners and users of real property within the setback zone will better understand the impact of living near waste water treatment operations and be prepared to acknowledge such conditions as the natural result of living on or near the IAWWTF lands”). Rich offered that “this operation of this facility is pre-existing and central to the health and well- being of our region”. Cynthia said that planning staff and members of the committee are suggesting making the language friendly and not scary. She feels that the language should be educational and descriptive enough to be at least accurate. The members agreed that simpler is better - to keep it general, broad and informative. Rich stated that the City stands to benefit through property tax revenue derived by high end residential development within proximity of the plant - making the language friendly enough so that the people will want to buy the condominiums and protecting the interest of developers only creates more potential risk for the Town owners that do not stand to benefit from that which the City is trying to balance. He added that he respects what the City is trying to do and agrees that keeping the language general is probably the wisest. Cynthia reiterated the proposed language options she will present as “You may be subject to the occasional inconveniences” OR “You may be subject to inconveniences or discomfort arising from industrial type operations of a wastewater treatment plant which may at points include noise, light, odor, traffic, construction, operation of machinery during any twenty four hour period”. She will be presenting the marked up version of the legal document. d. Collins/EthosGen Update – Cynthia summarized the meeting held yesterday (6/18/19) which included a discussion of the scope of work. They have applied for a grant for their two year pyrolysis system pilot study – but will look for alternate funding routes if they are not awarded a grant. The process (a closed system of 2,000 degrees Fahrenheit – not incineration as there is no oxygen exchange.) will reduce 1,000 pounds of sludge to 40 pounds of material while producing its own electricity. Cornell will examine the byproduct for beneficial reuse. Once the system is started it must run 24/7 – we do not have staff around the clock - these details will need to be worked out. Jose added that a container of biosolids could be filled/used to feed the system to avoid staffing. During the pilot process – there is no cash outlay – the bio char produced, any energy produced, any carbon credits received or avoided costs will be for the benefit of the plant. The equipment MN-SJC-2019-06-19.doc 8 is owned by Collins Aerospace – they will install and inspect - we will provide space and staffing for the system. It may take over a year to get the necessary permits. We will have to modify our emissions permit and report findings annually. At the end of the pilot we will have to decide if we wish to continue with the process - and look at entering into a contract. Cynthia is concerned about the possibility of having to go out to bid at the completion of the pilot – Scott will look into the procurement process. Laura wondered if we should put something in the pilot agreement that might address this in the future. e. Meeting of the Six Parties – f. New York Grow Grant Application Request – Jose informed the members of a new initiative by the Department of State, Cornell and 76 West to fund agricultural projects. (Cornell is running a program – Grow New York – coordinated by 76 West) offering prize money valued at $2,750,000.00 – the deadline is July 15th. He feels that we may be eligible because the byproduct of this biosolids to biochar process is rich in phosphorous and has significant agricultural value. He added that the conditions are very favorable for us to participate. The prize is an award of an investment (it must be awarded to a corporation) with any equity requirement – part of the business interest must be sold to Cornell as a condition of accepting the prize money. Cynthia reiterated that this is a grant to help develop agriculturally focused businesses in New York State. In our case - the business will help fund the creation of the product and help create a company that will market the product. The partners will be Cornell, the Biochar Facility at Cornell, Rockwell-Collins and the plant. Jose added that Cornell Cooperative Extension is interested in working with the biochar as is the Biochar Facility at Cornell (if we are awarded the grant). Cynthia’s concern is that the focus of this facility is first and foremost the treatment of wastewater - serving the needs of our ratepayers doing so in the most efficient and environmentally sound way as possible. She added that our purpose is not the creation of bio- char but if purchasing a piece of equipment helps us avoid sludge disposal expenses it makes a lot of sense. The return on investment appears to be a year and a half. David MOVED to express support for Jose to move ahead with the grant application. Seconded by Laura. Approved 6 – 0. RESOLVED, the SJC supports IAWWTF partnering with the Biochar Facility at Cornell and Rockwell-Collins Aerospace in applying for the Grow New York Grant. Jose invited the members to the Cayuga Lake Floating Classroom event this evening at 7:00 p.m. Announcement / Other Business - Laura MOVED to adjourn. Seconded by Dave. All were in favor. Approved 6-0. Meeting was adjourned @ 2:59 p.m. The Next Meeting will be August 21th, 2019, 1:00 pm. There will NOT be a meeting in July.