HomeMy WebLinkAboutTB Minutes 2009-06-22 Town Board Study Session
June 22 , 2009
Final
Study Session Meeting of the Ithaca Town Board
Monday, June 22 , 2009 at 4 : 30 p . m .
215 North Tioga Street, Ithaca, NY
Aurora Conference Room
AGENDA
1 . Call to Order
2 . Discuss July 13 , 2009 Town Board Agenda
3 . Consider Resolution in support of the New York State Legislature Bill
(Al 867/S2247 ) enacting the Farmworkers Fair Labor Practices Act to grant
farmworkers the same labor protections as those provided to other workers in
New York
4 . Discuss resolution adopting the Conservation Board ' s recommendations
regarding invasive species control on Town of Ithaca property
5 . Report of Town Committees
6 . Adjourn
Study Session of the Ithaca Town Board — 4 : 15 p . m . , Monday, June 22 , 2009
Town Board Members Present : Supervisor Engman ; Councilwoman Leary;
Councilman Stein ; Councilman Goodman ; Councilman Levine ; Councilwoman Hunter;
Councilman DePaolo .
Staff Present: Judy Drake ; Carrie Coates Whitmore .
Public : Diane Conneman , Media .
Meeting Notes : Supervisor Engman called the meeting to order at 4 : 36 p . m . and
opened discussion of the Town Board Agenda for the July 13th Town Board meeting .
No discussion .
Agenda Item No . 3 = Consider Resolution in support of the New York State
Legislature Bill (A1867/S2247) enacting the Farmworkers Fair Labor Practices Act
to grant farmworkers the same labor protections as those provided to other
workers in New York
Supervisor Engman moved and Councilwoman Leary seconded the proposed
resolution . Supervisor Engman stated that he has worked on this issue for 35 years so
it is near and dear to him . He went on to express strong support for the proposed
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legislation and how important it is to provide farmworkers with the same labor protection
that other workers in New York receive .
The Board briefly discussed the exclusion of farmworkers from the original Fair Labor
Practices legislation of the 1930s and the exclusion of family farms from the proposed
legislation . With no further discussion , Supervisor Engman called for a vote—carried
unanimously.
TB RESOLUTION NO. 2009- 117: In Support of New York State Bill An 18671SX2247
Establishing the Farmworkers Fair Labor Practices Act to Grant Farmworkers
Labor Protections Equal to those Provided to Other Workers in New York
WHEREAS, agriculture is a multi-billion dollar business in New York State
employing thousands of workers in nearly every county of New York State and
WHEREAS, farmworkers were . systematically excluded. from protections of law
enacted during the 1930s and beyond and
WHEREAS, incremental changes in NYS law have resulted in modest progress
in the improvement of farmworker working conditions in recent years including drinking
water in the fields ( 1996), toilets in the field (1998) and equal minimum wage (2000) and
WHEREAS, bill A . 18671S. 2247 has been proposed in the New York State
Legislature to enact the Farmworkers Fair Labor Practices Act to remove most of the
remaining exclusions of farmworkers from equal protection under law and
WHEREAS, that Act has provisions to address needs of both farmworkers and
of small farm owners and
WHEREAS, farm work is labor intensive involving arduous tasks and long
hours in the second most dangerous occupation in the United States and
WHEREAS, New York affords labor protections such as disability coverage, a
day of rest, overtime and unemployment insurance to almost all other employees in the
state and
WHEREAS, the New York State Constitution recognizes the need to treat human
beings with dignity but New York law currently contains legislative exclusions that deny
farmworkers such basic fair labor practices as rights to collective bargaining, a day of
rest, overtime pay, disability and unemployment insurance and
WHEREAS, Article 1 , Section 17 of the New York State Constitution states,
". . . Employees shall have the right to organize and to bargain collectively through
representatives of their own choosing " and
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WHEREAS, this act takes into consideration the needs of farm owners by
incorporating such measures as allowing owners to determine the permitted day off per
week according to weather or considerations of agricultural timing and
WHEREAS, this act makes provisions to exempt small farms by such measures
as the exclusion of labor by family members from the type of labor protected by the act
and
WHEREAS, this act will level the playing field by closing loopholes that have
allowed larger operations to undersell small farmers and farms that already treat their
employees well and
WHEREAS, this act will amend the unemployment insurance law by applying the
same "payroll threshold " to agricultural businesses as applies to other businesses, and
WHEREAS, Assembly bill A . 1867 has passed in the NYS Assembly and Senate
bill S. 2247 is pending in the NYS Senate with bi-partisan support, now therefore be it
RESOLVED, that the Town of Ithaca urges passage of S. 2247, the Farmworker
Fair Labor Practices Act, which will ensure that farmworkers are provided the rights,
protections and benefits afforded to virtually all other workers throughout New York
State, and be it further
RESOLVED, that the Town of Ithaca Town Board also directs the Town Clerk to
distribute this resolution to appropriate state officials.
* * * * * * * * * * *
cc: Governor David Paterson
Assembly Speaker Sheldon Silver
NYS Assemblywoman Barbara S. Lifton ( 125th District)
NYS Senator Tom Duane
NYS Senator Pedro Espada, Jr.
NYS Senator Michael F. Nozzolio
NYS Senator James L . Seward
NYS Senator Dean G. Skelos
NYS Senator Malcolm A . Smith
NYS Senator George H. Winner, Jr. (53rd District)
MOVED: Supervisor Engman
SECONDED: Councilwoman Leary
VOTE., Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye;
Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye;
Councilman DePaolo, aye . Motion carried unanimously.
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Agenda Item No . 4 - Discuss resolution adopting the Conservation Board ' s
recommendations regarding invasive species control on Town of Ithaca property
Diane Conneman , Conservation Board Chair, talked to the Board about the discovery of
swallow-wort around the Town ' s water tower that abuts the South Hill ' s natural area .
The water tower is located on disturbed land , which is prime location for the weed to
grow. The plant is also harmful to Monarch butterflies and birds . Ms . Conneman went
on to describe the difficulties of getting rid of the plant and said the best way to eliminate
the plant is to mow it at least twice and then spray it with Round - Up while it' s in its
weakest stage . She explained that this allows for minimal amount of pesticide to be
used .
The Board and Ms . Conneman discussed the Town ' s informal policy of not using
pesticides . Supervisor Engman said he discussed it with Rich Schoch and Rich had
suggested that the Town partner with Cornell with regard to the pesticide application .
Councilman Stein supported looking to an outside certified pesticide professional for
application services . Councilwoman Hunter expressed concern regarding other plants
being affected by the pesticide application . Ms . Conneman reassured her that
professionals are able to apply the pesticide to specific plant without affecting
surrounding vegetation .
Supervisor Engman commented that the Board may be seeing more and more invasive
species and pesticide might be the only way to protect native species . Councilman
DePaolo expressed concern about the pesticide getting into nearby creeks or streams .
Ms . Conneman emphasized that a professional applicator is important and that
pesticide should not be applied if there is standing water. She added that the pesticide
can be applied to a specific plant on a hot day to help the pesticide be quickly absorbed
into the plant .
Board briefly discussed how invasive species are established .
Supervisor Engman asked the Board if they were opposed to using pesticide in order to
control swallow-wort . The Board supported the use of pesticides in this case , but did
not want to make a blanket decision of supporting the use of pesticides . It was decided
that pesticide use would be decided on a case-by-case basis . Councilwoman Leary
expressed support for having a member of staff certified in pesticide application ; brief
discussion ensued .
The Board turned its attention to the proposed resolution and amended it to reflect that
the Board supported the Conservation Board ' s recommended plan to control swallow-
wort on Town property where natural areas are threatened . Councilman Stein moved
and Councilman DePaolo seconded the amended resolution . Supervisor Engman
called for a vote—carried unanimously.
TB RESOLUTION NO. 2009- 118: Resolution in Support of Conservation Board's
Recommendation re_gardin_g Non-Native Invasive Species on Town Property
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Whereas, the Conservation Board has recommended a course of action to
control swallow-wort on Town lands which could threaten natural areas;
Resolved, the Town Board endorses the Conservation Board 's recommendation
and directs Town staff to implement its plan .
MOVED: Councilman Stein
SECONDED: Councilman DePaolo
VOTE. Supervisor Engman, aye; Councilwoman Leary, aye; Councilman Stein, aye;
Councilman Goodman, aye; Councilman Levine, aye; Councilwoman Hunter, aye;
Councilman DePaolo, aye. Motion carried unanimously.
Agenda Item No . 5 - Report of Town Committees
Reports were given for the following committees/board :
Planning Committee—Councilman DePaolo suggested the Board discuss the Route 96
Corridor Study at its July study session . Board agreed . Supervisor Engman also
suggested that the Board have a broad discussion of nodal development at an
upcoming study session . Board agreed .
Public Works Committee—Presentation will be made to the Northeast Neighborhood in
the near future regarding drainage issues .
Trails Committee—Committee will be discussing Trail Survey mailed to residents at its
next meeting .
Codes and Ordinances Committee—Fence law being sent to Boards for
recommendations . Committee to start discussion regarding possible tree ordinance .
Budget Committee—Discussing capital projects plan .
Personnel Committee—Director of Public Works position re-advertised . Resumes due
July 2 ; Town has received 35 new resumes to date .
Please refer to the minutes of each committee for details of committee discussion .
Other Business
Shale Shock contacted Supervisor Engman because they are interested in making a
presentation to the Town Board regarding the negative impacts of gas drilling . The
Board thought that the presentation could be given at the July 13th regular meeting if the
agenda remains light ; otherwise presentation can be made at July 27th study session .
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Supervisor Engman said that TCCOG is working on sample legislation regarding
protection of roads . He added that TCCOG is doing an inventory of special or unique
environmental areas within Tompkins County . TCCOG would then work with towns to
develop legislation to protect the areas . He thought that ultimate protection would come
through creating critical environmental areas . The Town currently has one critical
environmental area—Coy Glen .
Councilman DePaolo expressed support for Hinchey' s upcoming Bill regarding fracking
fluid . The Board determined that Supervisor Engman would write a letter to Hinchey to
express their support for the Bill .
Councilman Goodman suggested that Board consider cancelling one of the summer
study sessions . Board agreed to discuss cancelling August study session at the July
meeting .
Additional Agenda Item — Consider Executive Session
Councilwoman Leary moved that the Board enter Executive Session to discuss the
employment history of a particular person and the potential acquisition of real estate .
Councilman Stein seconded . The Board entered executive session at 5 : 45 p . m .
Upon motion of Councilwoman Hunter, seconded by Councilman Stein , the Board
resumed regular session at 6 : 15 p . m .
Agenda Item — Consider Adiournment
With no further business before the Board , Councilman DePaolo moved and
Councilman Stein seconded adjournment . Supervisor Engman adjourned the June 22 ,
2009 meeting at 6 : 16 p . m .
Respe ully Submitted ,
Karen M . Billings ,
Town Clerk
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