HomeMy WebLinkAboutTB Minutes 2017-11-13 $ r q� Meeting of the Ithaca Town Board
Monday,November 13, 2017 at 5:30 p.m.
215 North Tioga Street, Ithaca,NY 14850
Agenda
1) Call to Order and Pledge of Allegiance
2) Board of Fire Commissioner's Quarterly Report
3) Persons to be Heard and Board Comments
4) Discuss and consider resolution regarding Cargill Salt Mine
5) Continue discussion on draft legislation regarding changes to requirements for Accessory
Dwelling Units and establishing a Rental Registry Program
6) Discuss and consider IAWWTP agreement for payment to DEC
7) Discuss and consider authorization to sign the Rec Partnership Agreement
8) Acknowledge Town of Ithaca Independent Audit for Fiscal Year Ending December 31, 2016
9) Discuss and consider creation of positions on Civil Service Roster
10)Discuss and consider authorization for the Supervisor to sign an MOU with the Teamsters
Union creating Senior Highway Mechanic title
11) Discuss and consider approval of 2017 Water and Sewer re-Levy of Delinquent 2016/2017
Water and Sewer Rents
12) Consider Consent Agenda Items
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of Floating Holiday
e. Set records management day for December 8t' from 8am to 1pm
f. Ratify appointment of Deputy Highway Superintendent
13)Report of Town Officials
14) Report of Town Committees/Intermunicipal Organizations
15) Review of Correspondence
16) Consider Adjournment
$ r q� Meeting of the Ithaca Town Board
" Monday,November 13, 2017 at 5:30 p.m.
215 North Tioga Street, Ithaca,NY 14850
Minutes
Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor;
Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo, and Pamela Bleiwas
Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement;
Mike Solvig,Director of Finance, Judy Drake,Director of Human Resources; Paulette Rosa,
Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town
1) Call to Order and Pledge of Allegiance
Mr. Goodman called the meeting to order at 5:34p.m.
2) Board of Fire Commissioner's Quarterly Report (Attachment 1)
Mr. Gilligan reviewed his submitted report noting that the City did get approval from the voters
to consolidate boards and committees and the Board of Fire Commissioners will be sending
recommendations to the new committee they are being folded into as well as to the town on how
to move forward and continue certain aspects of their duties and information out to the public.
Mr. Goodman asked whether the firefighters hired through the grant will replace retirees and Mr.
Gilligan said the expectation is they would but this will be moved to the next year budget
process.
Mr. Goodman thanked Mr. Gilligan for all his volunteer work with the Board of Fire
Commissioners.
3) Persons to be Heard and Board Comments
Brian Eden addressed the Board regarding the Cargill Mine permit and the request for a full
environmental review. (Attachment 2)
George Patte addressed the Board also, speaking in favor of the resolution the board is
considering to join the Article 78 proceedings.
Louise Buck addressed the Board also in favor of the resolution saying that she works at Cornell
in Natural Resources and she knows that the DEC is under staffed and under stress and only
looking at emergencies or "fires" as they come up and through the grapevine, the DEC is happy
that municipalities are taking these actions to allow them to focus on issues.
Mr. DePaolo asked about discovery documents and Mr. Eden responded that they hope to get
more information through the Article 78 proceedings.
TB 2017-11-13 Pg. l
Ms. Gilbert addressed the Board regarding short term rental regulations saying that she has been
a host for AirBNB for a year or so and she is a 5 star host. She is on board with any kind of
health and safety inspections for the rentals but she has issues with the restraints that are being
proposed by the Village of Cayuga Heights and any restrictions the town may be considering.
Ms. Gilbert stated that she enjoys this type of renting to the regular landlord type because it gives
her the flexibility to use her unit for herself when she needs it. She thinks complaints should be
investigated on each basis and not broad rules affecting good hosts. (Attachment 3)
4) Discuss and consider resolution regarding Cargill Salt Mine
Mr. Goodman noted that the draft resolution is based on the resolution other municipalities have
been considering and passing. He noted that in the first resolved he has added a provision that
there is no cost to the town.
Ms. Bleiwas asked if other municipalities are contributing to the cost of the effort and if not, how
is it being paid for? Mr. Eden responded that it is being funded by private money.
Ms. Brock asked if the DEC has issued the permit for the shaft and Mr. Eden responded that they
have, on August 15,2017 and we are working on the petition within the time period allowed.
Mr. DePaolo stated that he generally supports this resolution, but it is hyperbolic as written and
as a board we should maybe not make statements about things that we have not reviewed. Given
that, Mr. DePaolo proposed eliminating the 3ra, 5t' and 8t' whereas' and insert the words
"potential impacts" in the new 4t' whereas because we do not know whether the impacts are
significant, that is the purpose of the review.
Discussion followed and some more wordsmithing happened to the draft resolution.
TB Resolution 2017 - 129: Authorization to ioin an Article 78 Proceeding against the New
York State Department of Environmental Conservation to require Environmental Review
fo the Cargill Salt Mine Expansion
Whereas, the Town of Ithaca obtains drinking water from Cayuga Lake via the Southern
Cayuga Lake Intermunicipal Water Commission, and
Whereas, the NYS Department of Environmental Conservation ( DEC) has issued the
Cargill Salt Mine a permit to construct Shaft #4 which will connect to Cargill's ongoing salt
mining operations under Cayuga Lake, with such permit issuance being based on a potentially
improper"segmented" environmental review which treats shaft construction and ongoing salt
mining as independent,unrelated activities; and
Whereas, both the shaft construction and the ongoing salt mining have potential
significant adverse impacts that have not been properly reviewed under the NYS State
Environmental Quality Review Act (SEQRA); and
TB 2017-11-13 Pg. 2
Whereas, many of these unreviewed potential significant adverse impacts involve local
water resources, including the waters of Cayuga Lake; and
Whereas, some of the unreviewed potential significant adverse impacts involve gradual
sagging or other loss of mechanical integrity of rock layers above the mine; and
Whereas, the 1994 collapse of the Retsof Salt Mine in Livingston County provides an
example of various significant adverse impacts and some of the factors implicated in a major salt
mine collapse; and
Whereas, these and other potential significant adverse impacts on the environment
should be subject to an environmental impact statement process under SEQRA; now,therefore,
be it
Resolved,that the Town Board of the Town of Ithaca agrees to join in an Article 78
proceeding to require an environmental impact statement process under SEQRA, provided there
is no cost to the Town to do so; and be it further
Resolved, that a copy of this resolution be forwarded by the Ithaca Town Clerk to
Governor Andrew Cuomo, NYS DEC Commissioner Basil Seggos, State Senator Thomas
O'Mara and Assemblywoman Barbara Lifton.
Moved: Tee-Ann Hunter Seconded: Rod Howe
Vote: Ayes —Hunter,Howe, Leary, Levine, DePaolo, Bleiwas and Goodman
5) Continue discussion on draft legislation regarding changes to requirements for
Accessory Dwelling Units and establishing a Rental Registry Program
Mr. Goodman started the topic by noting that the Planning Committee met just prior to this
meeting and reviewed the issues and outcome so far.
Some of the changes that have been made regard the compliance timelines and the penalties and
articulating a list of items or things that will be inspected during the process.
The 30 day compliance period is gone and it will be a"reasonable"time line established by
Codes.
The broker's responsibility to report is removed.
The imprisonment verbiage was removed from the fines and penalties section and we left off at
whether there should be mandatory fines or judicial discretion regarding what constitutes a
recurring violation within an offense. The discussion centered on whether we need to leave the
possibility of plea bargaining and judicial discretion while one side is we need teeth in the law
and the other is that we are dragging law-abiding citizens into court and imposing draconian
fines and people getting caught in a legal dragnet that is intended for the worst offenders.
TB 2017-11-13 Pg. 3
Mr. Goodman added that they discussed the language around the inspection and what the Code
Officers will be looking for, basically removing the word "any"violation so they would be
looking at a health and safety list rather than wide open.
A specific issue to address is whether an operating permit has to be applied for when a unit is not
being rented and what would happen if the operating permit was not ready in time for a rental.
Mr. Goodman wanted to make sure all the issues are out on the table for discussion so they can
be discussed tonight and at the study session so the board knows exactly what is left to work on.
Mr. Goodman asked for thoughts on whether the board wants people to have to get operating
permits for people currently not renting the units out. He thought we had been thinking that we
did although he was comfortable with the scenario of an owner-occupied residence where a
family member was using the unit not having to get an operating permit.
He turned to the draft legislation which he interpreted as not requiring an operating permit.
Discussion followed and the current draft is that an operating permit is not required for non-
rented units. The two drafts seem to contradict themselves.
Ms. Brock thought the law as presented now does require an operating permit for an ADU if it
exists when it isn't an owner-occupied unit vacant or used by family.
Mr. Bates stated that it would be impossible to track and enforce if the town had to determine
whether the unit was being used by "family" or not. All units should have to register and have
an operating permit.
Mr. Bates —with the operating permit there is an inspection, if you have a unit, whether rented or
not, you have to register. When you rent it, you have to have the operating permit. The registry
is the fust part with the operating permit following if you rent it.
Ms. Ritter asked what would happen if you then find an ADU that there is no record of, would
you inspect it then? Mr. Bates responded that you would, it would not be a violation of this
legislation but of our existing code by building without a permit. That is a lot of the issue that he
has heard; there are a lot of people out there that know they have illegal rental units and this is
going to capture some of those.
The question is whether to require an operating a permit for ADU's of an owner-occupied
building when the ADU is not rented.
Mr. DePaolo moved to enter closed session to seek the advice of counsel, seconded by Mr.
Howe, unanimous. 7:00 p.m.
Mr. DePaolo moved to reenter open session at 7:08 p.m., seconded by Mr. Howe, unanimous.
Mr. Goodman asked the board if they wanted an operating permit for rental units if and when
they are rented/occupied without regard to owner-occupancy. Discussion followed. Mr.
DePaolo thought this approach was messier and harder to enforce. The board agreed that an
operating permit is not needed if an ADU is not rented/occupied.
TB 2017-11-13 Pg. 4
Mr. Goodman asked the board if they felt the legislation was ready to move forward in time for
the December 30th deadline and noted that the revised legislation will be available at the study
session.
Mr. DePaolo said he would like a meeting before the study session to go through it one more
time. He thought the major issues have been cleared but there is some detail work that needs to
be done to make sure it's ready for the board.
Mr. Goodman asked if there were any other issues that needed to be discussed and Ms. Bleiwas
thought the size limitation of 800' square feet should be discussed at the additional meeting.
6) Discuss and consider IAWWTP agreement for payment to DEC (Attachment 4)
Mr. Goodman explained that the IAWWTP had a violation and met with the DEC and this
resolution outlines that agreement and payment by the three co-owners of the facility.
Mr. DePaolo had a change to the drafted resolution to note that the SIC discussed preventative
measures. Approved.
TB Resolution 2017-130: Approving the proposed Consent Order and Authorizing the City
of Ithaca to execute the Consent Order
Whereas, the Ithaca Area Wastewater Treatment Facility ("IAWTF") is owned and
operated by the City of Ithaca, Town of Ithaca, and Town of Dryden ("Municipal Owners"), with
oversight provided through the Special Joint Committee ("SJC") composed of representatives
from the three Municipal Owners; and
Whereas, as a result of the New York State Department of Environmental
Conservation's ("DEC's") August 31, 2017 inspection of the IAWTF, the DEC identified certain
aboveground storage tank violations and proposed a Consent Order, which includes a $9,800
payable penalty and a $2,500 suspended penalty; and
Whereas, counsel for the IAWTF and the City of Ithaca have reviewed the Consent
Order, and the SIC at its meeting on November 8, 2017 consulted with IAWTF staff regarding
future preventative measures, and passed a resolution recommending that the Municipal Owners
approve the execution of the same; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca approves the proposed Consent
Order and authorizes the City of Ithaca to execute the Consent Order through its designated
signatory on behalf of the Municipal Owners.
Moved: Bill Goodman Seconded: Tee-Ann Hunter
Vote: Ayes —Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe
7) Discuss and consider authorization to sign the Rec Partnership Agreement—Pulled
TB 2017-11-13 Pg. 5
8) Acknowledge Town of Ithaca Independent Audit for Fiscal Year Ending December 31,
2016
TB Resolution 2017 - 131: Acknowledge Receipt of the Independent Financial Statements
for the Fiscal Year ended December 31 2016
Whereas Sciarabba Walker & Co., LLP has conducted an independent audit of the
financial records of the Town of Ithaca for the Fiscal Year ended December 31, 2016 and
submitted their report of findings, now therefore be it
Resolved, that the Town Board hereby acknowledges receipt of the Financial Statements
from Sciarabba Walker& Co., LLP.
Moved: Rod Howe Seconded: Pamela Bleiwas
Vote: Ayes —Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe
9) Discuss and consider creation of positions on Civil Service Roster
TB Resolution 2017— 132: Creation of Additional Positions under Civil Service.
Whereas, the Town of Ithaca established compliance under the New York State Civil
Service Agency to qualify employment positions in the Town of Ithaca in accordance with
Section 22 of Civil Service Laws, Rules and Regulations; and
Whereas, by regulation of Civil Service Law the Town must create a position and
approve the job description before making an appointment; and
Whereas, the Town has determined the need to create a Senior Heavy Equipment
Mechanic position, Civil Engineer position and an Administrative Assistant I position; now,
therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby establish the following
position in accordance with the applicable New York State and Tompkins County Civil Service
rules:
1. The following position is established and is a position in the competitive class
pursuant to Section 44 of the Civil Service Law:
1-(One)—Senior Heavy Equipment Mechanic
1-(One)—Civil Engineer
1-(One)—Administrative Assistant I
And be it further
Resolved, the Town Board does hereby approve the job descriptions for the said position
as created and monitored by Tompkins County Civil Service.
Moved: Rod Howe Seconded: Tee-Ann Hunter
TB 2017-11-13 Pg. 6
Vote: Ayes —Howe, Hunter, Leary, DePaolo,Bleiwas, Levine and Goodman
10)Discuss and consider authorization for the Supervisor to sign an MOU with the
Teamsters Union creating Senior Highway Mechanic title
TB Resolution 2017— 133: Authorization to sign a MOU Agreement with Teamsters Local
317
Resolved, that the Town Board of the Town of Ithaca does hereby accept the
recommendation of the Personnel Committee to authorize the Town Supervisor and Human
Resources Manager to sign the Memorandum of Understanding agreement between the Town of
Ithaca and Teamsters Local 317 regarding the addition of a Senior Heavy Equipment Mechanic
position.
Moved: Bill Goodman Seconded: Tee-Ann Hunter
Vote: Ayes —Goodman, Hunter, Leary, DePaolo, Bleiwas, Levine and Howe
11) Discuss and consider approval of 2017 Water and Sewer re-Levy of Delinquent
2016/2017 Water and Sewer Rents
TB Resolution 2017-134: Authorization for 2017 Water & Sewer Re-levy Delinquent
2016/2017 Water& Sewer Rents
TOWN OF ITHACA
Reconciliation of Receivables
ITEM# DESCRIPTION WATER SEWER
TOTALS
1 Delinquent Re-levies $ 151,604.00 $ 82,099.95 $233,703.95
2 Carry Over Bills $ 00.00 $ 00.00 $ 00.00
3 Billing Credits $ (8,995.19) $ 1,727.78 $ (7,267.41)
Account Receivable Balance: $ 142 608.81 $ 83 827.73 $226 436.54
Whereas, (Item No. 1 above) $233,703.95 of delinquent water and sewer charges
inclusive of penalties and related surcharges for the billing period 12/1/16, 3/1/17, 6/1/17, and
9/1/17 remain unpaid and due to the Town as of October 16, 2017 to be re-levied onto the 2018
Town and County Tax Bills; and
Whereas, (Item No. 2 above) $ 00.00 of delinquent water and sewer charges to be carried
over to the December 2017 billing; and
Whereas, Town Code Chapter 261 and Town Code Chapter 210 provides for all
delinquent accounts for payment of water and sewer rents and related charges to be placed on the
ensuing years tax roll as a re-levy; now therefore be it
TB 2017-11-13 Pg. 7
Resolved, that this governing Town Board approves the list of delinquent water and
sewer charges of $ 151,604.00 and $ 82,099.95, respectively, for re-levy to the 2018 Town and
County Tax Roll; and therefore be it further
Resolved, that a certified copy of this resolution along with a listing of those re-levied
water and sewer charges are to be delivered to Tompkins County Assessment Department by the
Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2018 Town
and County Tax Roll, the Finance Officer for accounting purposes, and to the Southern Cayuga
Lake Intermunicipal Water Commission for the purpose of reconciling and account billing
purposes.
Moved: Tee-Ann Hunter Seconded: Eric Levine
Vote: Ayes —Levine, Hunter, Goodman, Leary, DePaolo,Bleiwas, and Howe
12) Consider Consent Agenda Items
TB Resolution 2017-135: Adopt Consent Agenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
d. Approval of Floating Holiday
e. Set records management day for December 8s' from 8am to 1pm
f. Ratify appointment of Deputy Highway Superintendent
Moved: Rod Howe Seconded: Eric Levine
Vote: Ayes — Howe, Levine, Leary, DePaolo,Hunter, Bleiwas and Goodman
TB Resolution 2017- 137a: Approval of Town Board Minutes of October 30, 2017
Resolved, that the Town Board hereby approves the submitted minutes, with any
corrections, as the final minutes of the meeting on October 30, 2017 of the Town Board of the
Town of Ithaca.
TB Resolution 2017-137b: Town of Ithaca Abstract
Whereas the following numbered vouchers have been presented to the Ithaca Town
Board for approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said
vouchers in total for the amounts indicated.
TB 2017-11-13 Pg. 8
VOUCHER NOS. 1426 - 1476
General Fund Townwide 19,663.59
General Fund Part-Town 983.96
Highway Fund Part-Town 25,237.59
Water Fund 114,158.22
Sewer Fund 2,274.64
Forest Home Lighting District 43.97
Glenside Lighting District 13.11
Renwick Heights Lighting District 22.68
Eastwood Commons Lighting District 30.75
Clover Lane Lighting District 4.11
Winner's Circle Lighting District 6.12
Burleigh Drive Lighting District 14.30
West Haven Road Lighting District 56.82
Coddington Road Lighting District 33.01
TOTAL 162,542.87
TB Resolution 2017-137c: Bolton Point Abstract
Whereas, the following numbered vouchers for the Southern Cayuga Lake
Intermunicipal Water Commission have been presented to the governing Town Board for
approval of payment; and
Whereas, the said vouchers have been audited for payment by the said Town Board;
now, therefore, be it
Resolved, that the governing Town Board hereby authorizes the payment of the said
vouchers.
Voucher Numbers: 449-492
Check Numbers: 17379-17422
Capital hnpr/Repl Project $306,134.13
Operating Fund $ 82 972.18
TOTAL $389,106.31
Less Prepaid $ 27,108.68
TOTAL $ 361,997.63
TB Resolution 2017-137d: Approval of Floating Holidays for 2018.
Whereas, there is an annual poll conducted of all town and SCLIWC employees to
determine their preference for the next year's floating holiday for each location; now, therefore,
be it
U3 2017-11-13 Pg. 9
Resolved, the Town Board of the Town of Ithaca does hereby approve the Floating
Holiday for 2018 for Town Hall staff as Wednesday, December 26, 2018 as requested by the
majority of the employees of Town Hall; and be it further
Resolved, the Town Board does hereby approve the Floating Holiday for 2018 for Public
Works staff as Friday, May 25, 2018 as requested by the majority of the employees of Public
Works; and be it further
Resolved, the Town Board does hereby approve the Floating Holiday for 2018 for
SCLIWC staff as Friday, August 31, 2018 as requested by the majority of the employees of
SCLIWC.
TB Resolution 2017-137e: Set Records Management Half Day
Whereas, the Records Management Officer & the Records Management Advisory Board
have found it beneficial to hold an annual Records Management Day in order to cycle records
into storage and prepare records for year-end disposition; now, therefore,be it
Resolved, that the Town of Ithaca Town Board hereby approves closing Town Hall on
Friday,December 8, 2017 from 8:00 a.m. to 1:00 p.m. for Records Management Day.
TB Resolution 2017-137f: Ratification of Appointment of Deputy Hiahwav Superintendent
Whereas, there is a planned vacant Deputy Highway Superintendent due to a retirement
by March 31, 2018; and
Whereas, the Highway Superintendent with an selection committee has determined
through interviews and evaluation that Richard TenKate, Working Supervisor, possess the
necessary knowledge, skills and ability to perform the duties of Deputy Highway
Superintendent; and
Whereas, the Highway Superintendent promotionally appointed Richard TenKate to the
Deputy Highway Superintendent position, effective December 24, 2017; and
Whereas, Rich will remain in the title of Working Supervisor under Civil Service until
Eugene Redman, Deputy Highway Superintendent officially retires; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway
Superintendent's promotional appointment of Richard TenKate to the Deputy Highway
Superintendent position, effective December 24,2017; and be it further
Resolved, this is a 40 hours a week position, at the hourly wage of$33.84, which is an
estimated annual salary of$70,387, in Job Classification "VP', with full time benefits; and be it
further
Resolved, if the said successfully complete the mandatory twenty six (26)week
probationary period there will be no further action required by the Town Board.
TB 2017-11-13 Pg. 10
Resolved,if the said successfully complete the mandatory twenty six (26) week
probationary period there will be no further action required by the Town Board.
13)Report of Town Officials
Mr. Goodman reported that Mr. Mareana,the County Administrator is out on medical leave,
effectively moving his retirement up to now.
Mr. DePaolo reported that Tom Knipe is leaving the County Planning Department to become the
Economic Development Director for the City of Ithaca.
14) Report of Town Committees/Intermunicipal Organizations—None
15) Review of Correspondence—None
16) Consider Adjournment
Meeting was adjourned at 7:45p.m. upon motion and a second.
Submitt
0
Paulette Rosa, Town Clerk
TB 2017-11-13 Pg. 11
Board of Fire Commissioners Attachment #1
Report to Ithaca Town Board
November 13,2017
The following is a summary of the Board of Fire Commissioners quarterly report to the Ithaca
Town Board for the third quarter of 2017.
Included with this report are:
• The September 2017 Fire Chief s Report given at the October 2017 BFC meeting. This
includes the Fire Marshal's Report & Fire Prevention Bureau activity.
• The department call activity reports for January 1- September 30, 2017. Total calls
through the third quarter were 3,976 (slightly higher than the 3rd quarter of the prior 2
years—3,863 & 3,873 respectively).
• The financial operations summary through September 30, 2017.
Fire Department Operational Staffing(September 30, 2017).
• As of September 30, 2017 the active Uniformed staff totaled 67 (1 Chief, 6 Assistant
Chiefs, 8 lieutenants, & 51 Fire Fighters plus 1 Deputy Chief on per diem). hi addition
there is 1 Administrative Coordinator for a total of 68 personnel.
• Included in the 67 uniformed staff are 4 fire fighters fully funded by a federal SAFER
grant (see grants below).
Budget- The amended 2017 Ithaca Fire Department budget is $10,453,262 including debt
service and employee benefits. The 2017 budget included funding for a full time deputy chief
position beginning in December of 2017. This position will not be filled in 2017.
The 2018 Fire Department Budget approved by the Common Council is $10,256,873. This
budget reflects a net reduction of slightly less than $200,000 from the current year's amended
budget. The primary changes were increases in personnel costs (+94K); admin & program
(+26K); debt service (+20K) offset by a reduction in equipment(-130K) and benefits (-205K).
This budget included funding for a full time deputy chief beginning Nov. 1, 2018; however,
unless it is possible to fully fund the position in 2019, it is unlikely to be filled.
A capital budget request to fund needed renovation work to Station 2 was not included in the
Mayor's budget proposal. The 2018 approved capital budget includes $650,000 for design work
on a new fire station to replace the current Station 2- East Hill (College Town); however, no
decision has been made regarding selling the current station or for an alternate location for a
replacement of the current building.
Training Facility As reported previously the Department's Rope Rescue Tower and the burn
building were temporarily taken out of service earlier in the year to address some structural
safety issues with them. Short term repairs have been completed on the burn building and
Stopen Engineering was contracted with regarding more extensive repairs to extend the life of
the burn building for several more years. The longer term status of the training facility and its
location will be a topic included in the development of the Department's Strategic plan.
Strategic Plan for Fire Department - The Mayor had asked the Board of Fire Commissioners
to take the lead in developing a strategic plan for the Fire Department. The Board began
discussions of what the planning process would entail at its January 2017 meeting. Subsequent
to the January discussion, a meeting was held with the Mayor to clarify the scope of this effort
and the potential resources available to support the effort. A special BoFC meeting was held in
Board of Fire Commissioners
Report to Ithaca Town Board
November 13,2017
April to focus more closely on how to organize the planning effort. Previous Strategic plans
developed by the department have been distributed to the Board for review including the 1986
effort that developed the plan for the current relationship between the City and the Town for Fire
Services, including the relocation of two fire stations from the City to the Town and increasing
the Board of Fire Commissioners from 3 to 5 individuals with the intent that this two positions
would be filled by individuals recommended by the Town Board. The group is looking at other
strategic plans from other departments and the NYS document on developing a strategic plan.
The Board is discussing the scope of the planning effort both in terms of the time span to be
considered 5-10-20 years, the breadth of the study—current service area or including issues of
concern to other fire districts in the County. We are also reviewing documents such as the ISSO
report received last fall and the Station 9 relocation study. A member of the BFC has been
named to the County EMS Task Force and the information from this group will be incorporated
into our planning process development. The Board recognizes that to develop a comprehensive
plan will in all likelihood require establishing a separate Ad Hoc group that will allow broad
participation by a variety of stakeholders and subject area experts on issues that need to be
considered in the plan. We also wish to make sure that this important effort will be structured
such that the work involved can continue independent of the Board of Fire Commissioner which
is being dissolved at the end of December. The Chief is working with senior department staff on
preparing them to participate in the planning process.
Referendum to Dissolve the Board of Fire Commissioners —The resolution dissolving 11 of
the City's Boards and Committees including the Board of Fire Commissioners and replacing
them with 4 Commissions was approved by city voters in a referendum on the city ballot on
November 7, 2017. The Board of Fire Commissions is preparing recommendations for the
transition to the new structure with the Fire Department being overseen by the Public Safety and
Information Commission.
Apparatus - A Capital project for the 2018 budget was submitted to replace the department's
18 year old ladder truck. It was not included in the list of approved capital projects for 2018. A
request will be resubmitted for the 2019 budget.
Grants
The Department received a grant for $45,455 and has replaced its 20 year old air compressor for
filling SCBA tanks .
The department was awarded a $634,016 SAFER(Staffing for Adequate Fire and
Emergency Response) which is funding 4 additional career staff to the department for a 2 year
period. The positions are fully funded on the grant and require that no reduction from current
staffing levels occur during the grant period. At the end of the period the City will have to
determine if the positions will continue to be supported on the department's operating budget.
The department recently received notice that it has been awarded a grant to purchase equipment
for cleaning turnout gear. This will increase Fire Fighter safety by more effectively removing
hazardous materials that can be trapped in the gear during fire/rescue operations.
Board of Fire Commissioners
Report to Ithaca Town Board
November 13,2017
Board of Fire Commissioners
The BFC meeting agendas/minutes (dating back to October 1987)may be accessed from the
Board of Fire Commissioner's section of the City Website
at: http://www.cityofithaca.org/367/Board-of-Fire-Commissioners
Volunteer Program Development
There are currently 16 active members of Volunteer Company No. 9 who serve the department.
This number includes 5 members who are certified for interior fire fighting;,2 members who are
certified for exterior fire ground support; and 9 members of the fire police unit. In addition there
are two provisional members who are awaiting training.
An ad hoc committee consisting of 2 members of the Board (Commissioners Gilligan &
Guttridge), Chief Parsons,Assistant Chief/Training Officer Weinstein, plus a member from
Company 9 had been working to address various volunteer issues including training, recruitment,
and retention.
Other Items & Items to be considered in the future under the new Commission Structure
1 No update. There has been an improvement in the on-going issue with the CAD
(computer aided dispatch) system used by the 911 Center,
2 The Board had been hoping to hold information sessions regarding departmental
operations prior to the beginning of the formal BFC meetings. These sessions provide an
opportunity to learn more about specific areas of department operations such as
organization of department into shifts, protocols for dispatching apparatus based on
criteria established with County 911 center, EMS call response protocols,Hazmat
operations, Code division work, Rope rescue operations, water rescue, equipment and
vehicles used by the department, etc.
3 Charter Review- Public Referendum approved dissolving the BFC.
4 Resource recovery/False Alarm Policy—Currently on hold pending review with the City
Attorney.
5 County Fire-Disaster—EMS Advisory Board—no new action on this issue. EMS-Task
Force initiated by county legislature to address issues of emergency medical service and
ambulance service in a number of areas in the county.
6 Training Center Facility Project The Training facility will be included in the strategic
planning process.
Respectfully Submitted, Bill Gilligan, Chair,Board of Fire Commissioners
oy i
��f•• A�°s CITY OF ITHACA
310 West Green Street Ithaca, New York 14850-5497
1 i
OFFICE OF THE FIRE CHIEF
APo�TEO Telephone: 607272.1234 Fax: 607/272-2793
MEMORANDUM
To: Board of Fire Commissioners
From: Tom Parsons, Fire Chief
Date: October 10th, 2017
Re: Fire Chief's Monthly Report to the Board of Fire Commissioners
ADMINISTRATIVE DIVISION
Administration
1) Career Personnel Report
PERSONNEL STAFFING LEVELS
1 Chief
1 Deputy Chief(Per Diem)
6 Assistant Chiefs
8 Lieutenants
51 Fire Fighters
67 Uniform Personnel
1 Administrative Coordinator
Total employees as of September 30th, 2017—68
a) Vacancies
• None
b) Retirements:
• None
C) Hiring/Promotions
• None
d) Injuries
Page 2 of 6 - Fire Chiefs Monthly Report October 10i', 2017
• There is one firefighter and one lieutenant who are off duty due to injuries. It
is anticipated that both will be recovered and back to work by October or
November.
2) Budget Report
a) 2017 Budget: Budget Summary—see accompanying report
b) 2018 Budget: The Mayor has submitted his 2018 Budget to Common Council.
The following items in the budget have been increased: 1) Salary Accounts due
to salary step increases; 2) Protective Gear; and 3) Apparatus Parts and
Maintenance.
Funding for the following items were eliminated in my proposal in order to meet
the Mayor's 1% increase: 1) Funding for the Deputy Fire Chief Position; 2)
Funding to replace some of our aging portable radios and pagers; and 3) Funding
for Fire Hose Replacement of one engine.
Over-target-requests on all three items were submitted to the Mayor, and he is
only putting forward the funding of the Deputy Chief Position in his budget
proposal, but it's only for final two months of 2018.
3) County Communications and 911 Programs:
No Update
4) Grants and Donations
a) No Update: Earlier this year, I applied for an AEG grant to fund the replacement
of our turnout gear washer. The existing washer is over twenty years old. On
September 7s', I was notified by FEMA that we are receiving a $22,673 grant to
purchase and install two new gear washers. We will apply $2,267 from this
year's budget to cover the required 10% matching funds.
5) Collegetown Fire Station
a) I have submitted two capital projects for the 2018 budget. The fust project is to
renovate the current East Hill Fire Station. The second project, assuming the
fust project is not approved, is to build a new fire station at a different location.
The Mayor only included $650,000 for a Capital Project in 2018 to design a new
East Hill Fire Station.
b) The City's Planing and Economic Development Committee of Common Council
discussed at their August meeting the options for relocating the current East Hill
Page 3 of 6 - Fire Chief s Monthly Report October 10, 2017
Fire Station. The options include, relocating the fire station to property on
Maple Ave that is currently owned by Cornell University, which is being used as
a parking lot, or closing the East Hill Fire Station and relocate the its' assets to
an expanded Central Fire Station. No action was taken by the Committee, but
discussion will continue at either the September or October Planning and
Economic Development Committee Meeting.
5) Apparatus
a) I submitted a capital project request for the 2018 budget to replace our 18 year
old ladder truck. This vehicle is schedule to be replaced in 2019. The Captial
Project was not approved by the Mayor. I will resubmit a capital project request
in 2018 for the 2019 budget.
5) Fire Training Center
No Update
LIFE SAFETY DIVISION
Fire Prevention Bureau
1) Code Enforcement Division: The following is a list of Activities for September 2017:
Complaints Received 26
Referred to the City Building Division 13
Referred to the Town of Ithaca 3
Investigated by the Fire Prevention Bureau 12
Inspections: 60
City Fire Safety& Property Maintenance 20
City - Permit Required City Fire Safety 23
Town Fire Safety& Property 0
City- Sprinkler Inspections 6
City - Alternative Fire Protection Systems 0
City - Fire Alarm Inspection I I
City— Standpipe Hydrostatic Test 0
City - Standpipe Flow Test 0
City—Fire Pump Flow Test 0
City—Elevator 0
Permits or Certificates: 38
Operating Permit—Assembly Occupancy 7
Operating Permit —Large Assembly Occupancy 4
Page 4 of 6 - Fire Chief s Monthly Report October 10b, 2017
Operating Permit—Hazardous Occupancy 0
Operating Permit —Lumber Yard 0
Operating Permit —Elevator 8
Operating Permit —Fireworks 0
Operating Permit —Install or Modify FPS 3
Certificate of Compliance — Commercial Insp. 6
Certificate of Compliance — School 0
Certificate of Compliance - Fire Alarm 6
Certificate of Compliance - Fire Sprinkler 2
Certificate of Compliance - Fire Pump 0
Certificate of Compliance —Fire Standpipe 0
Occupancy Posting Certificate 2
Certificate of Compliance - Alternative Suppression 0
2) Fire Investigation Unit:
There was one fire investigation in September for a fire at 301 Washington St. The cause
of the fire was accidental.
3) Public Education and Special Events
Public Education Events: 2
Fire Drills Witnessed: 1
Child Safety Seat Inspections: 7
4) During the October Meeting of the City Common Council a resolutions was approved to
amend Chapter 181 of the City of Ithaca Code to authorize the Building Code Board of
Appeals to hear appeals or grant variances to the Fire Prevention Code of the City of Ithaca.
Page 5 of 6 - Fire Chief's Monthly Report October 10b, 2017
OPERATIONS DIVISION
1) Emergency Response:
September 2017 Responses - 538 Incidents
City of Ithaca: 363 Incidents (67.47%)
Fires: 6
Overpressure/Rupture 0
EMS/Rescue: 149
Hazardous Conditions: 16
Service Calls: 13
Good Intent: 65
Alarms/No Fires: 114
Severe Weather: 0
Other: 0
Town of Ithaca: 173 Incidents (32.16%)
Fires: 1
Overpressure/Rupture: 0
EMS/Rescue: 99
Hazardous Conditions: 3
Service Calls: 1
Good Intent: 36
Alarms/No Alarm: 33
Severe Weather: 0
Other: 0
Mutual Aid: 2 Incidents (0.37%)
Fires: 0
Overpressure/Rupture: 0
EMS/Rescue: 1
Hazardous Conditions: 0
Service Calls: 0
Good Intent: 1
Alarms/No Fires: 0
Severe Weather: 0
Simultaneous Incidents: 112 Incidents (20.82%)
2) Emergency Management:
No Report.
Page 6 of 6 - Fire Chief's Monthly Report October 10b, 2017
3) Mutual Aid Calls: Quarterly Report
Support
1) Training
Quarterly Report
2) Training Center
Quarterly Report
Volunteer Recruitment and Retention
1) Summaries of Service Hours: Annual Report
2) There are currently 13 Active Volunteer Firefighters and Fire Police.
3) There are no new applications for membership.
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Attachment #2
Dear Town Board Member,
Thank you for taking the time to discuss the important future of Cayuga Lake and the
mining related risks which threaten the Lake even today. I understand that you will be further
discussing this at the next upcoming Board meeting on Monday.
As Brian Eden, Chair of the Tompkins County EMC, has put it:
"Drilling a 16' diameter hole 2500' deep into the earth has significant environmental
implications. We're not asking you to form an opinion on the risks of such a project. We're
requesting that you support an in-depth review of the science through a formalized process, an
Environmental Impact Statement."
Please consider that the Lake can't speak for itself. It doesn't have teams of lawyers and staff
standing by to speak out when it is being put at risk. This requires the citizens and officials, such
as yourself, to step forward and ask for a little bit more care from the big industries using its
resources.
Many citizen don't know a mine even exists under the lake. And when they learn about it they
are outraged. Hundred's have signed onto a campaign letter lead by Assemblywoman Barbara
Lifton to halt mining under the lake:
httv://www.toxicstar eg ting.com/MarcellusShale/letters/2017/07/20/coal-letter-to-gov-cuomo-re-
salt-mining-under-cayuga-lake
The resolution you are discussing is NOT to stop mining. But to ensure that it's being done
safely. I'm am shocked and appalled at the rhetoric that has been coming from Cargill's
representatives. If there's no risk to the Lake,then the ask for proper environmental review
should be an easy win for Cargill and public trust builder with the community. The citizen's of
Tompkins County and NYS tax payers will be left with the damages and long-term risks to the
lake years down the road when Cargill has moved on. Let's make sure we all understand those
risks before it's too late.
There are lots of documents available for your further review, below.
Thank you again for your time.
—Cait Darfler
Trumansburg NY
1. CLEAN's letter to DEC on CSM permit Renewal - 10/9/2017 - link
2. Ferguson and Warren Report: Salt Mining and Possible Future Problems in the Cayuga Lake
Region - June 2017-link
3. Ferguson&Warren Report: Update on the seismic evaluation of the plans for Shaft #4 in the
Cayuga Salt Mine, NYS - April 2017- link
4. John K. Warren-Three mines Cayuga Akzo-Retsof and Morton-Himrod - link
5. EMC Letter to DEC - 05/01/2017 - link
6. Vaughan-Young-Michalski reply to Cathles letter to Cuomo - 07/21/2017- link
7. Warren Report: Technical requirements needed to approve construction of Shaft#4 in the
Cayuga Salt Mine - link
8. Milchelski- Supplemental Hydrogeology Comments on Proposed Shaft 4 - 05/24/2017 - link
From: Joseph Wilson <wilson.joe79@gmaiLcom>
Sent: Sunday,November 12, 2017 11:28 AM
To: Paulette Rosa
Subject: Article 78 re Cargill Drilling Project
Dear Clerk,
I have had difficulty emailing this message to Town Board members in anticipation of Monday's
meeting. Please forward it to each Board Member so they will have it before they meet. Thank
you.
Joseph Wilson
Dear Town Board Members,
Common Sense dictates that drilling a 16' diameter hole 2500' deep into the earth has significant
environmental implications. The failure to have an up to date analysis in the form of an
Environmental Impact Statement on such an activity defies Common Sense and belies the well-
earned reputation of your Board for requiring thorough analysis major projects with obvious
impacts before they proceed. Moreover, not conducting such a review, obviously flies in the
face of the State policy which resulted in the creation of SEQRA years ago.
Regarding the alleged threats of Cargill to close its Lansing operation in the face of a SEQRA
review, no company with the resources which billion dollar, private corporation Cargill has can
credibly claim that being required to comply with State law will lead to such a closing. If they
are willing to spend the millions which the hole will require, they can certainly afford the 10's of
thousands of dollars that compliance with SEQRA will cost.
Therefore, as an active and reasonably knoweldgeable person on local environmental matters, I
join with others with similar backgrounds in asking you to support such a review before Cargill
is allowed to porceed.
The way to do so at this point in time is to join the 6 local municipalities which have already
adopted a Resolution in support of an Article 78, proceeding to compel a SEQRA
review. Therefore, I ask you to pass such a Resolution.Thank you.
The arc of history bends in the direction we push it.
Joseph M. Wilson
75 Hunt Hill Road
Ithaca NY 14850 (in the Town of Dryden)
Landline: 607-539-1159; Cell: 607-262-1777
Dear Town Board Member,
Thank you for the recent opportunity to address you at the Board study session. I hope
that my presentation encourages you to learn more about the substantive issues underlying our
request. In a community that prides itself on its scientific literacy, it's been very difficult to
engage local residents on the science and risks associated with underground mining. I'm
requesting that you browse the linked documents before your discussion at Monday's meeting.
These are only a portion of the work that we have developed over the past year. Please request
any additional information if further clarifications are required.
Drilling a 16' diameter hole 2500' deep into the earth has significant environmental
implications. We're not asking you to form an opinion on the risks of such a project. We're
requesting that you support an in-depth review of the science through a formalized process, an
Environmental Impact Statement. The cynics among us are skeptical. Governor Cuomo has long-
term political ambitions and a major political vulnerability is the weakness in the upstate
economy. Won't he equate a full environmental review with a risk of Cargill closing and be
inclined to prohibit the NYSDEC from conducting an EIS? The NYSDEC with its perennial lack
of resources and trained staff qualified to review underground mining will not wish to expose its
oversight record to review. They are not really an uninterested third party. Won't they justify
their past performance by ratifying their previous decisions and say that there is nothing new
here? We'll address those daunting challenges if we have the opportunity to move this project
forward.
It's easier to protect the public interest in the values of Cayuga Lake by addressing the
issues of Hydrilla and Harmful Algal Blooms when no one is pushing back. Please consider
supporting those of us who have been willing to devote our energies to researching and
educating the public on this important environmental matter. Thank you.
Brian
IS CARGILL's CAYUGA SALT MINE FULLY REGULATED PURSUANT TO NEW
YORK STATE'S ENVIRONMENTAL LAWS?
SUMMARY
Since the establishment of the New York State Department of Environmental
Conservation in 1970, Cargill has consistently maintained that New York State lacks statutory or
regulatory authority over subsurface mining. Cargill currently holds a Life of Mine Permit
covering 13,567 acres, most of which are beneath Cayuga Lake. The Office of General Services,
the NYS agency which is the steward of this public resource, has issued periodic consent orders
to expand the mine while negotiating for royalties. Since it is owned by New York State,the
underground portion of the mine is exempt from real property taxation. Cargill filed for a
renewal permit in 1997 and permission to expand its mine by 5056 acres.
Cargill has never been required to prepare an Environmental Impact Statement for either
the commencement of under-lake mining in 1984 or for subsequent expansion applications. In
contrast, American Rock Salt,the owner of the only other active room and pillar salt mine in
NYS,the Hampton Corners Mine in Livingston County, accepts New York State's jurisdiction.
ARS prepared a DEIS and an FEIS prior to the mine opening in 2001 and ARS is currently
preparing a DEIS for a proposed 1700-acre expansion.
Cargill has applied for permission to bottom ream an 16' outside diameter access and
ventilation shaft adjacent to its Cayuga Lake mine to a depth of 2500' through several gas-
producing and water-bearing geologic formations. On June 30, 2016, NYSDEC issued a
Negative Declaration of Environmental Impact relating to this project. DEC Commissioner Basil
Seggos has articulated a rationale for the Department's "Neg Dec"—i.e., that the ventilation
shaft has no impact on Cargill's current and future mining operations under Cayuga Lake.
Opportunity for 30 day public comment was published in the Environmental Notice Bulletin on
August 31, 2016.
The most critical information in assessing the environmental risk of this project is a
seismic study in the vicinity of the proposed shaft conducted by Bay Geophysical in June 2016.
In response to the submission of a FOIL request for the study, NYSDEC replied that no
responsive records were identified. In a recent meeting with the NYSDEC Region 7 Director,
Matthew Marko, he was asked twice directly whether staff or their consultants had requested or
reviewed this study. He did not reply. However, DEC's mining consultant for the Cayuga Salt
Mine, Dr. Vincent Scovazzo writes under the heading "Condition 9.1a", on p. 2 of his 9 February
2017 review of Cargill's 2016 Annual Mine Report to DEC that"Based upon the additional
seismic study and consultant reports, Cargill will maintain the planned 1,000 ft setback around
the Frontenac Point Anomaly. Further investigation shall be completed and submitted to the
Department for review and approval prior to mining within this 1,000 ft buffer."
One can infer from the above quoted text that by early February 2017, DEC's consultant had
seen a report on Bay Geophysical's seismic study of Cayuga Lake and the Shaft 4 areas in June
2016 and deemed it to be insufficient information to support mining within what he calls the
Frontenac Point Anomaly. Although no map of the Frontenac Point Anomaly has yet been
released by DEC, CLEAN's technical team has deduced the likely location of the Frontenac
Point Anomaly based on the premature termination of 10 different mining panels. Based on this
deduced location more or less due east of the Frontenac Point on the west shore of Cayuga Lake,
the Frontenac Point Anomaly and the Glenora Syncline overlap and could be two names for the
same geologic anomaly. If this is the case, Cargill's mining panels NW2 and NW3 violate Dr.
Scovazzo's request that Cargill not mine within 1000' of this anomaly.
DISCUSSION
On September 17, 1997 Cargill applied to renew its Mined Land Reclamation Law
Permit and to expand the mine by 5056 acres. On April 23, 1998,NYSDEC advised Cargill that
additional information and a modification of the permit would be required. At an October 29,
1998 meeting with the NYSDEC Cargill took the following positions:
• Cargill's mining operations under Cayuga Lake are not subject to NYSDEC jurisdiction;
• Cargill's request for renewal and expansion was a Type II Action;
• Its application was complete as of October 2nd; and
• NYSDEC should issue an approval of the proposed mine expansion without further
submissions or departmental review.
On January 14, 2000 Cargill and the NYSDEC entered into a Stipulation Agreement in which
NYSDEC effectively acceded to Cargill's assertion that its mining operations were not subject
the legal processes ordinarily enforced by the agency. Under relevant portions of the Stipulation
Agreement (quoted below), Cargill agreed to provide some additional information and to fund a
Department selected consultant to review the application and the company's annual reports.
Cargill stipulated that the information submitted to the NYSDEC and the consultant must be
exempt from disclosure and must be protected to the maximum extent of the law. It provided the
information with the express statement that it was not waiving its claim of not being subject to
NYSDEC jurisdiction.
Paragraph 5D. The consultant shall have all rights to access the mine or mine related
technical information which would otherwise accrue to employees or agents of the
Department. The Department shall ensure that all information provided to or obtained by
the consultant shall be treated by the consultant as confidential and shall not be disclosed
by the consultant other than to the Department and Cargill. The Department shall
maintain the confidentiality of such information to the fullest extent permitted by law.
Paragraph 6. Neither the Applicant's submission of further information, the execution of
this Stipulation nor any actions taken pursuant to this Stipulation shall be considered a
waiver of the Applicant's rights or an admission,concession, or acknowledgment of the
Department's authority to require such submission or action, to regulate the Applicant's
underground mining operations,or to subject the application to review under SEQRA;
In an April 17,2017 meeting with us at the site of the proposed shaft in Lansing,
Cargill's attorney, John Klucsik, maintained that this remains the Company's current position.
The NYSDEC insists that Cargill has submitted applications for renewal and modifications of
their permits and that this indicates that Cargill has acceded to the NYSDEC's jurisdiction.
NYSDEC staff have stated that the Stipulation Agreement only applied to the 2002 permit
renewal process. However, at the April meeting, Klucsik asserted that Cargill would not agree to
conduct an Environmental Impact Statement. Nor is there any evidence that the NYSDEC has
requested that the Company do so in past permit renewals or modifications. Unless and until
there occurs a material change in these circumstances, we must assume that Cargill believes, and
acts as if, its mining operations under Cayuga Lake are not subject to full regulation by the
NYSDEC.
Pursuant to the Stipulation Agreement, Cargill submitted an "Expanded Environmental
Assessment" on December 27,2000. Because this was not a formally responsive SEQR
document, it was not subject to public review or comment. It consisted of Volume I(Mined Land
Use Plan and Environmental Assessment Form), Volume II, Binder I which included text,
figures, and tables, and Volume 2, Binder 2 which provided plates and maps. Cargill agreed to
the public release of Vol I on June 26,2002. The renewal application was noticed in NYSDEC's
Environmental Notice Bulletin on August 14, 2002. On the last day of the comment period, Bill
Hecht filed a formal request under New York's Freedom of Information Law for access to the
Volume II binders. The NYSDEC rejected his request, based primarily upon Cargill's assertion
that the binders contained proprietary information (i.e., "trade secrets"). Hecht filed an appeal on
October 16,2002. Cargill agreed to release a redacted version on November 22,2002. Hecht
requested the non-redacted documents. On February 3, 2003 the Director of NYSDEC's Division
of Mineral Resources refused his request, based on Cargill's request for"trade secret"protection.
(Meanwhile, on January 6, 2003, NYSDEC had approved the renewal of Cargill's mine permit,
which had been pending since September 1997.)
Nevertheless, Hecht appealed DEC's decision. On November 7, 2003, Chief
Administrative Law Judge James McClymonds issued a Recommended Decision rejecting
Cargill's arguments with respect to 5 types of information: A) Seismic Information; B) Geologic
Information Specific to Cayuga Mine; C) Specific Dimensions of Yield Pillar Mine Design; D)
Protocol for Stability Analysis; and E)Miscellaneous Operational Expense. Cargill argued that
paragraph 5.1) of the Stipulation Agreement (quoted above), required the DEC to maintain the
confidentiality of information provided by Cargill "to the fullest extent of the law", and thus
prohibited the NYSDEC from releasing the redacted material. CALJ McClymonds responded in
the Recommended Decision with the following ruling:
"Finally,strong policy considerations support the release of the information
withheld in this case... Shielding from public scrutiny the very information necessary to
assess the potential environmental impacts associated with a proposed mine is inimical to
that process...Given the apparently limited value of the information in this case to
competitors,the trade secret provisions of FOIL and the Department's regulations should
not be read to shield from the public,information "relating to the environmental soundness
of property which belongs to the people of the state and that ultimately has a direct bearing
on public health and safety." "In sum, Cargill has failed to carry its burden that the
withheld information... is a trade secret under FOIL and the Department's regulations.
Accordingly Cargill's request that the withheld information be excepted from disclosure as
a trade secret is denied..."
On December 30, 2003, Cargill appealed the Recommended Decision asserting
that the NYSDEC was violating the Stipulation Agreement by not maintaining confidentiality to
the fullest extent permitted by law. Finally, on July 11,2005, nearly 3 years after Hecht's FOIL
request was submitted, Assistant Commissioner Louis Alexander issued the Final Determination
on Appeal(#02-29-7A).
"Based upon my review, Cargill has met, in part its burden of establishing that the
withheld information are trade secrets pursuant to FOIL and the Department's regulations." "It
is hereby determined that subject to certain limitations... information on specific dimensions of
yield pillar mine design, mine operational expense, and geology specific to the mine shall be
released, while information relating to certain seismic information and the protocol for
stability analysis shall be withheld."
Hecht had requested that the New York Committee on Open Government independently review
his FOIL request. In an Advisory Opinion issued on March 31, 2005, the Committee stated that
"where records were prepared by Cargill for its purposes and not for the agency and which are
not in the possession of an agency, FOIL would not apply. It appears that the NYSDEC may
neither request nor possess supporting data underlying Cargill's voluntarily submitted annual
environmental reports (e.g., the Bay Geophysical seismic study) in order to avoid a repeat of the
debacle that resulted from Hecht's 2002 FOIL request. It may be that Cargill provides the
underlying data and studies to the consultant who reviews and summarizes it for the NYSDEC
and then returns it to Cargill. Whatever the procedure, NYSDEC's apparent reluctance to
consider and evaluate this critically important seismic study before issuing a permit is not
justifiable in the context of its regulatory responsibilities.
Reading between the lines of Cargill's brief 2016 annual report to the NYSDEC, it appears that
Cargill may be reaching the end of its runway at its northern mining faces north of Frontenac
Point and in it NW3 portion of the mine adjacent to Lansing Station Road. In 2016 Cargill
"prematurely" ended an attempt to mine the No. 5 level salt and apparently ended up back-filling
the portion of mining panel U-62 that was used to cut a ramp from the No. 6 salt to the No. 5
salt. And, in 2016, Cargill encountered unstable ceiling conditions in mining panel U-74
associated with mining under thinning bedrock. Cargill made a decision to transition from the
use of small yielding pillars to large pillars but without retaining the use of abutment pillars as
previously recommended by the NYSDEC. As early as 2002, NYSDEC's mining consultant
predicted that Cargill would experience mine stability problems in 2016 due to the presence of
both thinning bedrock and a disturbed salt zone. One or both of these conditions may overlap
with the so-called Frontenac Point Anomaly, which appears to coincide with the Glenora
Syncline. CLEAN's technical team has reviewed public domain seismic data and has concluded
that carbonate beam thickness over panels U-74 and U-76 may be as thin as 110 feet or roughly
40 feet less thick than the carbonate beam over the two mining panels that failed at Retsof in
1994. The NYSDEC should require a moratorium on mining north of the Frontenac Point
Anomaly, at least until Cargill has released the June 2016 Seismic Study conducted by Bay
Geophysical.
From: Judith Pierpont <jp28@cornelLedu>
Sent: Monday, November 13, 2017 5:53 PM
To: Paulette Rosa
Subject: Please forward to Town Board members before Monday evening meeting
Please forward to Town Board members. I sent this message to the individual members but each
came back as undeliverable.
Dear Town Board member,
I am writing to urge the Ithaca Town Board to become a petitioner in the Article 78 proceeding
in the matter of Cargill Salt Mine.
We the public who depend upon the water of Cayuga Lake and rely on its many cultural and
recreational amenities (not to mention the flora and fauna who survive in these waters)must
insist that this huge industrial operation underneath the Lake should not put the Lake at
risk. Cargill must take measures to assure us in a transparent process that their operation is safe
and does not threaten the waters of the Lake.
The mining operation has never undergone a proper study to produce an Environmental Impact
Statement; it should now undergo such a rigorous environmental impact study under the DEC
regulations. Expansions have been permitted without proper public scrutiny.
There seems to be evidence that further expansion could be risky in certain areas and under
thinning upper bedrock. The Article 78 procedure now being undertaken aims to bring the
company into compliance with public disclosure requirements. Important results of geologic
studies should be released in the interest of transparency as well public health and safety. The
full EIS should be done before any expansion or construction of the proposed 2500' deep 16'
wide shaft.
I do not believe that Cargill has done its due diligence over the past decades. It is incumbent
upon us now to bring up-to-date scientific assessment methods to bear on this operation. We do
not know how risky it is; we do not have access to the necessary information or have adequate
assurances. Should we not find out?
Thank you for your serious attention to this matter and support for an Article 78 proceeding.
Yours sincerely,
.. Aftachment#3
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Attachment #4
Memo
FROM: Ithaca Area Wastewater Treatment Facility
RE: Consent Order
DEC Chemical Bulk Storage/Petroleum Bulk Storage Inspection, 31 AUG 2017:
The NY State DEC inspected the IAWWTF on 31 AUG 2017 for compliance with
Chemical Bulk Storage/Petroleum Bulk Storage requirements. On 5 SEP 2017,the
IAWWTF received Notice of Violations as a result of the inspection. In summary, the
violations involved: an accumulation of condensation in a tank top sump; failure to
inspect tanks and document inspections as required; failure to register 2 newer chemical
tanks; inadequate hazard posting/signage. On 5 OCT 2017 IAWWTF personnel and a
city attorney attended a pre-hearing settlement conference with the DEC in Syracuse; all
violations had been addressed, corrected and documented by this date, (most corrected
within 5 days of the Notice of Violation), with the exception of a re-inspection of 2 large
10,000 gallon tanks that need professional engineering inspection services by an outside
contractor to meet DEC requirements.
IAWWTF is being fined $9,800 for the violations. The total fine could have been more
than twice that amount, but some leniency was granted due to prompt attention/corrective
actions taken,unfamiliarity with requirements and previous findings by recently
appointed Chief Operator, as well as a waiver on a portion of the fine pending tank re-
inspections in a timely fashion. None of the violations involved any type of discharge to
the environment or environmental impact. IAWWTF has taken steps to ensure that repeat
findings of this nature are reduced/eliminated.
Submitted by CJ Kilgore, Chief Operator, IAWWTF
APPENDIX A
Wage Scale
Job Rate Job Rate Job Rate Job Rate Job Rate
JOB Effective Effective Effective Effective Effective
TITLE CLASS 1/1/2014 1/1/2015 1/1/2016 1/1/2017 1/1/2018
✓ob Rate increase percentage: 0.0% 2.0% 2.0% 2.0%
Working Supervisor V $ 27.55 $ 27.55 $ 28.10 $ 28.66 $ 2924
Heavy Equipment Mechanic V $ 27.55 $ 27.55 $ 28.10 $ 28.66 $ -
Sr. Heavy Equipment Mechanic V $ - $ - $ - $ - $ 2924
Sr. Engineering Technician V $ 27.55 $ 27.55 $ 28.10 $ 28.66 �$ 2924
Maintenance Supervisor V $ - $ - $ - '$ 28.66 $ 2924
Heavy Equipment Mechanic IV $ - $ - $ - $ - $ 27.12
Heavy Equipment Operator IV $ 25.56 $ 25.56 $ 26.07 $ 26.59 $ 27.12
Maintenance Worker IV $ 25.56 $ 25.56 $ 26.07 $ 26.59 $ 27.12
Engineering Technician I IV $ 25.56 $ 25.56 $ 26.07 $ 26.59 $ 27.12
MEO or AMA w/Class A CDL ` III $ 23.53 $ 23.53 $ 24.92 $ 25.44 $ 25.97
(class IV job rate - $1 -15)
Motor Equipment Operator (MEO) III $ 2327 $ 2327 $ 23.74 $ 2421 $ 24.69
Automotive Mechanic Assistant (AMA) III $ 2327 $ 2327 $ 23.74 $ 2421 $ 24.69
Laborer w/ CDL & 2 yrs w/ CDL at town` II $ 2041. $ 20.41 $ 2099. $ 2146 $ 2194
(class III job rate - $2.75)
Laborer I $ 1935. $ 1935. $ 1974. $ 2013. $ 2053.
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11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 10/1/2017 To: 10/31/2017
Cert. # Date Type Temp SBL Legal Address Inspector Status
2017-0394 10/2/2017 CO 45.-2-18 155 Ridgecrest Rd MSTONIER ISSUED
2017-0484 10/2/2017 CC 32.-2-3.221 429 Bostwick Rd SWILLIAMS ISSUED
2017-0394 10/4/2017 CC 45.-2-18 155 Ridgecrest Rd MSTONIER ISSUED
2017-0164 10/5/2017 CC 60.1-1-22.2 341-3 Strawberry Hill Cir MMOSELEY ISSUED
2016-0170 10/5/2017 CO 71.-1-10 309 Siena Dr DMAGNUSO ISSUED
2017-0472 10/5/2017 CC 72.-1-3.2 402 Winthrop Dr MSTONIER ISSUED
2017-0425 10/10/2017 CO 58.-2-39.46 127 WESTVIEW LANE MKELLY ISSUED
2016-0456 10/10/2017 CC 32.-2-3.4 441 Bostwick Rd SWILLIAMS ISSUED
2017-0090 10/11/2017 CO 70.-11-2 222 Tareyton Dr DMAGNUSO ISSUED
2017-0358 10/11/2017 CO 62.-2-1.121 323 Pine Tree Rd BBATES ISSUED
2017-0436 10/13/2017 CC 35.-2-6.5 352 King Rd W DMAGNUSO ISSUED
2017-0504 10/13/2017 CC 17.4-12 221 Renwick Dr DMAGNUSO ISSUED
2017-0382 10/13/2017 CO 28.-1-3.61 117 Vera Cir DMAGNUSO ISSUED
2016-0477 10/16/2017 CC 61.-1-8.16 46 Dove Dr DMAGNUSO ISSUED
2017-0508 10/18/2017 CC 71.-6-4 1107 Hanshaw Rd DMAGNUSO ISSUED
2017-0139 10/18/2017 CO 63.-1-8.1 651 Dryden Rd-Central Heati MKELLY ISSUED
2017-0273 10/18/2017 CC 43.-1-2.2 110 College Cir DMAGNUSO ISSUED
2017-0274 10/18/2017 CC 43.-1-2.2 111 College Cir DMAGNUSO ISSUED
2017-0275 10/19/2017 CC 43.-1-2.2 120 College Cir DMAGNUSO ISSUED
2017-0276 10/19/2017 CC 43.-1-2.2 121 College Cir DMAGNUSO ISSUED
2017-0277 10/19/2017 CC 43.-1-2.2 130 College Cir DMAGNUSO ISSUED
2017-0278 10/19/2017 CC 43.-1-2.2 131 College Cir DMAGNUSO ISSUED
2017-0279 10/19/2017 CC 43.-1-2.2 150 College Cir DMAGNUSO ISSUED
2017-0280 10/19/2017 CC 43.-1-2.2 160 College Cir DMAGNUSO ISSUED
2017-0480 10/20/2017 CC 70.-1-35 403 Warren Rd MSTONIER ISSUED
2016-0466 10/24/2017 CO 46.-1-15.31 306 Old Gorge Road MKELLY ISSUED
2016-0527 10/24/2017 CC 57.-1-8.17 104 REGENCY LANE MKELLY ISSUED
2016-0194 10/24/2017 CC 41.-1-30.2 143 Tower Skyline Dr MKELLY ISSUED
Page 1 of 4
11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 10/1/2017 To: 10/31/2017
Cert. # Date Type Temp SBL Legal Address Inspector Status
2017-0509 10/25/2017 CO 41.-1-30.2 113 Campus Center Way DMAGNUSO ISSUED
2016-0190 10/25/2017 CC 41.-1-30.2 121 Tower Skyline Dr MKELLY ISSUED
2017-0500 10/25/2017 CC 44.-1-140 18 Marcy Ct DMAGNUSO ISSUED
2017-0234 10/25/2017 CC 28.-1-3.82 8 Max Dr DMAGNUSO ISSUED
2016-0192 10/25/2017 CC 41.-1-30.2 151 Tower Skyline Dr MKELLY ISSUED
2017-0368 10/25/2017 CC 45.-1-39.2 7 LaGrand Ct DMAGNUSO ISSUED
2016-0193 10/25/2017 CC 41.-1-30.2 147 Tower Skyline Dr MKELLY ISSUED
2016-0444 10/26/2017 CC 27.-1-15.2 1338 Mecklenburg Rd DMAGNUSO ISSUED
2016-0518 10/26/2017 CO 43.-2-10 203 TIBET DR BBATES ISSUED
2016-0043 10/27/2017 CC 19.-2-6 1114 EAST SHORE DRIVE MKELLY ISSUED
2017-0270 10/27/2017 CO 33.-3-8.3 3 Amber Ln SWILLIAMS ISSUED
2016-0500 10/27/2017 CO 71.-5-4 201 ROAT STREET MKELLY ISSUED
2017-0285 10/27/2017 CC 71.-7-5 1031 Hanshaw Rd MSTONIER ISSUED
2017-0383 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0386 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0387 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0388 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0385 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0383 10/27/2017 CO 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED
2017-0492 10/27/2017 CC 68.-1-9 213-215 Warren Rd BBATES ISSUED
2017-0485 10/27/2017 CC 65.-1-5.2 528 Plantations Rd BBATES ISSUED
2017-0447 10/27/2017 CC 33.-3-2.10 122 Ithaca Beer Dr BBATES ISSUED
2017-0430 10/27/2017 CC 67.-1-2.1 121 Pleasant Grove Rd BBATES ISSUED
2017-0431 10/27/2017 CC 56.-2-1.1 1551 Slaterville Rd BBATES ISSUED
2016-0506 10/27/2017 CC 66.4-10 233 FOREST HOME DRIVE MKELLY ISSUED
2017-0281 10/27/2017 CC 41.-1-30.2 134 Conservatory Drive DMAGNUSO ISSUED
2017-0433 10/30/2017 CC 66.-6-4 115 McIntyre PI MSTONIER ISSUED
2016-0351 10/30/2017 CC 71.-1-11.55 326 Blackstone Ave DMAGNUSO ISSUED
Page 2 of 4
11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificates Issued
From: 10/1/2017 To: 10/31/2017
Cert. # Date Type Temp SBL Legal Address Inspector Status
2017-0474 10/30/2017 CC 58.-2-39.8 1430 SLATERVILLE ROAD MKELLY ISSUED
2017-0481 10/30/2017 CC 58.-2-39.8 1430 SLATERVILLE ROAD MKELLY ISSUED
2017-0230 10/31/2017 CC 40.-3-11 229 Stone Quarry Rd DMAGNUSO ISSUED
2017-0477 10/31/2017 CC 71.-1-44 107 Kay St MSTONIER ISSUED
2017-0499 10/31/2017 CO 72.-1-3.2 402 Winthrop Dr MSTONIER ISSUED
2017-0345 10/31/2017 CO 63.-1-8.1 161 SYNCHROTRON DRIV MKELLY ISSUED
2017-0442 10/31/2017 CO 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED
2017-0369 10/31/2017 CC 34.-1-3.1 273 Enfield Falls Rd DMAGNUSO ISSUED
2017-0426 10/31/2017 CO 24.-3-2.1 101 Harris B Dates Dr SWILLIAMS ISSUED
Page 3 of 4
11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Certificate Report
Totals by Type and Status
From: 10/1/2017 To: 10/31/2017
Certificate Type Certificate Status Count
CC 43
CO 22
Total: 65
ISSUED 65
Page 4 of 4
11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Received Report
From: 10/1/2017 To: 10/31/2017
Date Type Tax Parcel # Legal Address Disposition
10/1/2017 FIRE SAFETY VIOLATIONS 1259 Trumansburg Rd OPEN
Desc: Related incidents, see prior complaint. Fire alarm activation in Zone 19 Floor 3 front. Zone taken off
line.
10/10/2017 FIRE SAFETY VIOLATIONS 1150 Danby Rd OPEN
Desc: Fire alarm malfunction on floor 2 hallway
10/10/2017 FIRE SAFETY VIOLATIONS 101 Conifer Circle ABATED
Desc: IFD responded to fire alarm. The Dry sprinkler system got charged with with water, no open sprinkler
heads found. Probable problem with air compressor.
10/16/2017 OTHER 48.-1-12.3 703 Coddington Rd OPEN
Desc: Neighbor upset about not be notify of home being built on property, did not receive ZBA notification.
10/16/2017 PROPERTY MAINTENANCE 202 Sapsucker Woods Rd OPEN
Desc: Mold and window
10/25/2017 PROPERTY MAINTENANCE 130 West Hill Circle OPEN
Desc: Resident called about a piece of siding hanging off building 130. IFD removed hanging piece of siding.
10/27/2017 ZONING VIOLATION 70.-1-18 16 Muriel St OPEN
Desc: Parking issue
Page 1 of 2
11/9/2017
Town of Ithaca
215 N. Tioga Street
Ithaca, NY 14850
Complaints Report
From: 10/1/2017 To: 10/31/2017
Totals by Complaint Type & Status
ComplaintType Complaint Status Count
FIRE SAFETY VIOLATIONS 3
OTHER 1
PROPERTY MAINTENANCE 2
ZONING VIOLATION 1
Total: 7
ABATED 1
OPEN 6
Page 2 of 2