HomeMy WebLinkAboutTB Minutes 2017-10-30 Study Session of the Ithaca Town Board
Monday, October 30, 2017
1. Discuss proposed changes to the Hector Street Bridge by the City of Ithaca
2. Discuss Cargill conduction an Environmental Impact Statement for their expansion
proj ect
3. Continue discussion regarding the draft legislation of owner occupancy requirements for
new two-family units and new accessory dwelling units and the establishment of a Rental
Operating Permit Program
4. Discuss Rec Partnership Agreement
5. Committee Reports
a. Planning Committee
b. Public Works Committee
c. Budget
d. Codes & Ordinances
e. Personnel and Organization
f. Sidewalk Committee
g. Short Term Rental Committee
6. Consent Agenda
a. Town Board minutes
b. Town of Ithaca Abstract
7. Discuss November Study Session or alternate date for abstract
8. Adjourn
Study Session of the Ithaca Town Board
Monday, October 30, 2017
Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor;
Pat Leary (via video), Tee-Ann Hunter (6pm), 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
Mr. Goodman opened the meeting at 4:36 p.m.
(Audio was in and out/minutes done by recollection and notes taken)
1. Discuss proposed changes to the Hector Street Bridge by the City of Ithaca
Tim Logue, Director of Engineering gave an overview of the project which is federally funded to
enhance pedestrian and cyclist safety. He reviewed the traffic study data taken at different
times, both with and without school being in session.
The project consists of removing one lane from the 13A-Route 79 intersection and will include a
signal near Pete's and realigning of Brindley Street.
Mr. Goodman noted that this has caused a number of comments on the West Hill listsery and he
would like to encourage some conversations with the City to discuss development implications
on West Hill since that is going to happen.
Ms. Rosa and Mr. Weber both commented on existing traffic delays and Mr. Logue stated that
the signal may help with the northbound traffic. He added that they are trying to work with the
State regarding sequencing of the signals.
2. Discuss Cargill conduction an Environmental Impact Statement for their expansion
project
Brian Eden addressed the board.
He feels that the DEC has given administrative type of approvals to the expansion of the
underground salt mining and he represents a group pushing for a full Environmental Impact
Statement to be done on the project. He stated that some of the information is not available
under FOIL and there are six municipalities signing on to an Article 78 proceeding to make the
expanded EIS review happen. He submitted a statement given to the City of Ithaca from Dr. Rob
Mackenzie. (Attachment 1)
Mr. DePaolo asked what the action was they are seeking and Mr. Eden responded they wanted a
full environmental review and they are filing the Article 78 to get that done and a town
TB 2017-10-30 Pg. 1
resolution would just add some weight. There is no cost involved,just shows that municipalities
are concerned.
Shawn Wilczynski, Mine Manger, Cargill
Mr. Wilczynski thanked the board for reaching out to Cargill for their comments, adding that no
other municipality had.
Mr. Wilczynski went over the history of the mine using a billboard and the reviews it has had
from the DEC as well as the yearly inspections and reviews done. He stated the second mine
shaft is primarily for safety of the employees. Right now the miners travel almost one hour each
way to get to the mine.
Mr. Wilczynski reviewed the scientists they have hired since 1994 for the geology and hydrology
of the mining operations and the lake for an expanded environmental review and the reason it
wasn't called and BIS or Environmental Impact Statement was because the mine was already an
operating facility and review the whole operation when the concern was the expanded mining.
Mr. Wilczynski stated that the review and documents are on file with the DEC and everything is
available except specific mining techniques which if public could alter the competitive pricing
models.
Mr. Wilczynski added that there have been years and years of reviews by their scientists, DEC
scientists and third party scientists and since the approval, there are annual reviews and reports to
DEC, third party reviews and our own constant review.
Mr. Wilczynski went on to say that in 2012 they started the process of the second shaft and
expansion with a website and outreach before buying the 150 acre parcel. He noted that the
mining is already approved years ago; this is about the second shaft which is for safety and
efficiency. They filed the EIS and they asked about segregation, and the State agreed it was not.
Mr. Wilczynski detailed the mining safety and air quality issues that would be helped by the
second shaft. Doing the shaft does not give Cargill access to any more mining than was
approved in 2012 and 2015.
Mr. DePaolo stated that is sounds like there are two different issues; one is transparency and
disclosure. He asked Mr. Eden what he wanted given the reports Mr. Wilczynski said are
available and whether it is about the shaft or not. Mr. Eden said it's not really about the shaft but
the reviews and studies that took place and are not available.
There was some more talk about the documents and whether they are available and Mr.
Wilczynski said he wished he could go back but he was not aware there were concerns and now
there are lawyers involved and out of his control.
Mr. Goodman thanked both speakers.
TB 2017-10-30 Pg. 2
3. Continue discussion regarding the draft legislation of owner occupancy
requirements for new two-family units and new accessory dwelling units and the
establishment of a Rental Operating Permit Program
Ms. Bleiwas asked if there was a way to separate out the laws since the Registry seems to be the
real issue.
Mr. DePaolo stated that there were some issues from the last meeting that could be easily
addressed, especially about timing, but he would like to hear from counsel about some of the
legal issues that were brought up.
Mr. DePaolo moved to enter Closed Session to seek the advice of counsel, seconded by Mr.
Goodman, unanimous (5:35 p.m.)
Mr. Goodman moved to reenter Open Session, seconded by Mr. Howe, unanimous (6:02 p.m.)
Mr. Levine asked if there had been any thought given to allowing an exemption for an owner that
doesn't rent their second unit because they are leaving it empty or they are having family stay
there.
Mr. DePaolo responded saying that it is like having a second car; you register and insure it.
Otherwise, we have to keep track of which are rentable and which are actually rented; and
whether they are owner-occupied or not, or occupied by family.
Mr. DePaolo stated that he doesn't buy the financial argument. This is a nominal fee of about
$150 every 5 years.
Mr. Levine asked what if it wasn't code worthy and Mr. DePaolo responded that it should be; but
Mr. Levine responded what if you aren't renting it because it's not worthy? Mr. DePaolo said
you would have to get rid of what makes it a second unit then.
Mr. DePaolo went on to say he wasn't sure what people were trying to forestall with this line of
concern.
Mr. Goodman said he thought he would be fine having an exemption for owner occupancy for
family and it was a matter of privacy. Mr. DePaolo asked how that distinction would be made
and Mr. Bates agreed asking what is a family member? Who decides that? He added that at the
committee level, we said we didn't want to know who was living there, it shouldn't matter, the
only question is whether it is being rented or used.
Ms. Bleiwas talked about what determines that it is an ADU? A hotplate and minifridge isn't an
ADU, that's a rec room for the kids to watch movies. She thought the law should have a clear
definition saying that some people have second kitchens for kosher reasons or summer kitchens
that may have a secondary entrance through sliding doors. She thought the wording might be too
broad of a brush.
TB 2017-10-30 Pg. 3
Mr. Howe said he thought a lot of the problem was communication; people don't really know
what we are doing or why. He thought outreach with different examples would be useful.
Mr. DePaolo said it shouldn't be counting heads that come to speak because he has heard from
numerous people asking the town to do something. He read the comments from the last meeting
and they were landlords comparing us to the city.
Mr. Goodman noted that the Planning Committee is meeting before the Town Board meeting on
the 13`h and he would like to get specific questions or issues for them to look at.
Ms. Bleiwas stated that she couldn't support anything that has jail time, especially for not doing
an administrative task, which applying and getting an operating permit is. Mr. DePaolo said
there was not mandatory jail time and the penalty wording is from the State, we didn't invent
that. Mr. Bates added that the same terminology is in our Code already.
Ms. Leary said this is for the health and safety of tenants and that needs to be out there.
Ms. Hunter agreed with Mr. Howe that we have to be aggressive with the outreach and be careful
to do what needs to be done but not cause hardship.
Mr. DePaolo stated that he would like to know what the board wants; he has spent a lot of time
on this and he would rather not if the board is now not behind the concept. He said we are at a
serious crossroad... either there are problems that can be addressed, which he would like
suggestions on...or forget it. He said it seems like the board is addressing the legislation as
though you are not in favor of proceeding and if that is the case, then he doesn't want to waste
his time doing something that the board does not support.
Mr. DePaolo went on to say that he has heard the argument from landlords, that we are going to
drive up the cost of rent, and that is the hot-button topic, but what is the flip side of that? Look
the other way and say, no, there are no health and safety issues and keep the status quo? He said
there was a roomful of people last meeting and now everyone is like whoa...slow down... well,
our constituents are sick and tired of 6, 7, 8 students jammed into a house, tired of parties all
night, tired of trash and cars parked out front. Maybe these problems are concentrated in certain
parts of the town, but that identifies the problem, and this is a potential solution. He said all he is
hearing is oh, we can't do this, because people have been used to doing this for 50 years and we
will stepping on the toes of the little person... so what are we going to do? I am two years down
the road after an extensive amount of work; tell me what you want me to do. Help me fix it. All
I hear is how it isn't good, well, make it better.
Members of the board responded saying that they want to move forward with the issues that have
been identified tonight being talked about further at the Planning Committee. Mr. DePaolo
added that he would like suggestions on those issues and suggested changes. He added that he
understands there are people who hate government oversight and that will never change, but
some oversight is needed and good for the whole.
4. Discuss Rec Partnership Agreement
TB 2017-10-30 Pg. 4
Audio was really bad at this point. The main discussion centered around when and how a
participating municipality could essentially leave the agreement. Ms. Bleiwas and Mr. Levine
explained how the Partnership works in real time under this agreement and it has always been a
5-year contract and the smaller municipalities would probably only leave due to a large budget
increase and that doesn't happen because the Partnership contracts with the Ithaca Youth Bureau
and if monies fall short, programs are cut, not overages.
5. Committee Reports —Pulled
6. Consent Agenda
TB Resolution 2017-128: Adopt Consent Auenda
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
Moved: Rod Howe Seconded: Rich DePaolo
Vote: Ayes—Howe, DePaolo, Hunter, Bleiwas, Levine, Goodman and Leary
TB Resolution 2017-128a: Approval of Town Board Minutes of October 13, 2017
Resolved, that the Town Board hereby approves the submitted minutes, with any
corrections, as the final minutes of the meeting on October 13, 2017 of the Town Board of the
Town of Ithaca.
TB Resolution 2017-128b: 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.
VOUCHER NOS. 1360 - 1425
General Fund Townwide 86,709.69
General Fund Part-Town 7,928.73
Highway Fund Part-Town 21,480.04
Water Fund 19,827.08
Sewer Fund 5,150.72
TB 2017-10-30 Pg. 5
Risk Retention Fund 4,360.00
Forest Home Lighting District 169.55
Glenside Lighting District 65.24
Renwick Heights Lighting District 74.06
Eastwood Commons Lighting District 166.27
Clover Lane Lighting District 19.26
Winner's Circle Lighting District 64.96
Burleigh Drive Lighting District 65.35
West Haven Road Lighting District 196.91
Coddington Road Lighting District 117.42
Trust and Agency _ 1,000.00
Debt Service 1,800.00
TOTAL 149,195.28
7. Discuss November Study Session or alternate date for abstract
The November study session will be as scheduled.
8. Adjourn
Meeting adjourned at 7:20 p.m.
Submitte
i
Paulette Rosa, Town C erk
TB 2017-10-30 Pg. 6
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Mackenzie public comment, City of Ithaca, 10/04/17
Thank you. My name is Dr. Rob Mackenzie, and I live in the Town of
Hector. I have studied health and safety issues related to the Finger Lakes
salt layers, and speak now as a public health advocate for safe jobs. So I also
support your resolution 9.2 requesting environmental review of the proposed
Cargill Mine Shaft.
The problem, as I see it, is that neither industry nor regulators have been
able to prevent salt-layer disasters in upstate of New York every 10 to 20
years.
In 1964, neither International Salt nor DEC's predecessor anticipated or
prevented the sudden salinization of Seneca Lake to levels risky to health
when gas was first stored in the salt caverns nearby.
In 1975, neither Morton Salt nor DEC anticipated or prevented serious roof
instability and large flows of brine into Seneca Lake from the Himrod mine,
just 15 miles west of Cargill, that caused additional Seneca Lake pollution
and were the main factors in forcing that mine to close.
In 1994 neither Akzo-Nobel nor DEC anticipated or prevented the mine-roof
collapse at the 100 year-old Retsof salt mine in Livingston County that
resulted in flooding, ground subsidence, destroyed roads, bridges, homes,
wells, farmland, and industry, and salinized a local aquifer. Fortunately, that
mine wasn't under a lake.
In each case things went just fine--sometimes for decades--before disaster
struck. Now it's 22 years later. And as FOILed documents appear to show,
one of the scientists both Cargill and DEC are relying on for advice on safe
mining practice is the same one whose advice the Retsof mine was following
whenit collapsed.
So what have we learned?
First, we've learned that with treacherous salt geology unforeseen disasters
happen over and over.
Second, we've learned that environmental assessments behind closed doors
are not the same as the public environmental impact process that SEQR
mandates for cases that may have large risks.
Third, we've learned that companies push the envelope, and DEC often
doesn't push back.
In this case, Cargill has pushed the envelope so far that for more than 40
years it has never agreed to a public DEIS with hearings, never publicly
released critical scientific data that would help show whether future mining
is safe or not, and never even agreed that DEC has jurisdiction over its
underground operations. Probably for that reason Cargill's financial
assurance has been limited to its surface operations.
Finally, we've learned that entrusting these kinds of decisions to industry
and regulators is Einstein's definition of insanity: doing the same thing over
and over, and expecting different results.
Independent geologists have outlined the similarities between the other
disaster sites and this mine. They've requested the scientific data, and
they've suggested ways to reduce the risk.
DEC says they've considered those concerns, but neither DEC nor Cargill
will release the data; they and the company just say, "trust us."
This resolution says, "trust but verify." The only job it might kill is an
unsafe job. And it's asking DEC to carefully, openly, publicly consider the
environmental and safety impacts of this project to prove to all of us that our
lake won't be another International Salt, Himrod, or Retsof.
Thank you very much.
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TOWN OF ITHACA
Public Works Department
Months of July and August Board Report
October 30, 2017 Town Board Meeting
Roads:
• Continued our roadside and easement mowing program.
• We assisted Towns of Newfield, Lansing, Dryden and Danby.
• Brush and limbs were trimmed back at various locations in Town
• Material from milling projects was screened and "Pugged" for use as shoulder material.
• Shoulders were placed along all of the paving projects, roads where pavement maintenance
operations will be performed and along various other roads throughout Town.
• Stone for 2017 projects continues to be stockpiled.
• Began hot mix asphalt repair throughout Town.
• Performed crack seal operations throughout Town in preparation for pavement maintenance
operations.
• Completed milling and paving on Juniper, Hickory, Pineview, Northview and Northview
West and completed paving on Culver Road.
• Driveway repairs were made at 130 Williams Glen Road.
• Shoulder maintenance was performed and new shoulder material installed on roads which we
paved.
• Tub grinder contractor came on July 271h to mulch up our brushpile.
• Homestead Circle and Sugarbush Lane were ditched, culverts installed, manhole risers were
installed and the roads paved. Topsoil and hydroseeding and shoulder installation followed
paving.
• Roads to be oil and stoned were prepared, trees trimmed back, roads were broomed off,
ditching done and other preparatory tasks performed.
• Motor Equipment Operator (MEO) promotional interviews were completed. Jason Muckey
and Travis Mills were promoted.
• Our paint striping crew began our annual program for crosswalks, stop bars and speed tables.
This is an on-going project which requires dry weather.
• Trees and brush were cut and treated at the Coy Glen Creek flood control channel. Dikes were
mowed. Removal of the creek bed gravel will follow in September.
• Driveway culverts on Lexington Drive and Salem Drive were installed. A weeper pipe on
Chase Lane was installed.
Parks, Trails, and Preserves:
• Weekly site inspections were performed.
• Invasive species removal and treatment was performed at west end of East Ithaca Recreation
Way (Game Farm section), East Shore Park, East Ithaca Preserve, and Grandview Park.
• Additional native tree and shrub plantings were installed at the Honness Lane and Game
Farm sections of East Ithaca Recreation Way and at the East Ithaca Preserve.
• Hazardous tree removals at various park and trail sites and various locations in Town
proceeded as weather allowed.
• Continued support of West Hill Community Garden.
• Weekly mowing and grounds maintenance of all sites.
• Installation of the new playground at Hungerford Heights Park was completed.
• Several rentals of the Tutelo Park pavilion occurred. Continued support of the Cal Ripken
League's summer schedule.
• Coordinated with City at the Hudson Street and Coddington trailheads for South Hill Trail as
their sewer and sidewalk projects were worked on.
• Mulched areas at various park and trail site were refreshed with new mulch. New plantings
were watered and deer exclosure cages were maintained.
• Set up and clean up for Town Employee Appreciation Picnic at Tutelo Park was done.
• Installed a memorial bench on the lower section of South Hill Trail.
• Replacement of two culverts on South Hill Trail was begun. The trail tree canopy was uplifted
to allow delivery of rip-rap stone and mobilization of heavy equipment to the project sites. A
new turn-around was installed to facilitate the larger culvert replacement.
• Early leaf drop necessitated leaf blowing at several trail sites.
• Newly constructed park/trail/preserve signs were installed. Will be working on permit from
Tompkins County Highway to install sign and a small pull-off at the Marsha's Woods
Preserve along Bostwick Road.
Water.
• Various water valve box repairs were completed using new sewer truck for excavation. This
included some in the new Hanshaw Road Walkway, Coddington Road, Winthrop Drive and
Renwick Place.
• Water and sewer equipment storage areas were cleaned up and re-organized.
• Lower Stone Quarry PRV valve was replaced.
• Valve repairs in Forest Home, Snyder Hill Road
• Water main breaks were repaired at Therm, West King Road, Christoprher Ln. Vista Ln.
• Provided traffic control for PRV maintenance on Stone Quarry Road with Bolton Point.
• Crews restored water main easements on Christopher Lane, Danby Rd.,Slaterville Rd., and
Warren Rd.
• A hydrant was replaced at 553 Elm St. An adjacent tree was cut down and stump removed.
• A hydrant was repaired on Wildflower Drive/Strawberry Circle.
• Training on the installation and maintenance of Muller hydrants was provided.
• Tree removal over water main located at 1463 Slaterville Road.
• Hydrant painting crew began working on South Hill.
• Christopher Lane water tank site was bush hogged to facilitate our regular mowing program
after the contractor cleanup up the staging areas they used.
• A high-lift was rented to assist in the re-painting of the West Hill water tank at Eco-Village.
• Plumbing training at Bolton Point was attended by several staff members.
Sewer.
• A total of (249 ) Dig Safely New York mark-outs were completed.
• Weekly sewer pump station checks were completed.
• Easements that were cleared of trees and shrubs were hydroseeded.
• Water and Sewer easement were mowed.
• Site restoration was done encompassing the Pearsall Place Sewer Bursting Job.
• Flow meters were jetted and cleaned at 400 Lake Street and 1006 Hanshaw Rd.
• Sewer vacuum training was done with company representative.
Engineering.
o Inspected 16 simple SWPPPs, managed 4 full SWPPPs
o Current Projects in Design
0 2017-2018 Ellis Hollow Water Tank: Working with Consultant (Larson Design Group) to
prepare contract documents. Geotechnical Report complete. Design documents 40%
complete. Draft Comptrollers Application under Legal review.
o Oakwood City/Town PRV/Master Meter Installation: Installation 50% complete.
0 2017 Sanitary Sewer Manhole Rehabilitation, Townwide: Project 75% complete.
0 2017 Belle Sherman Cottages Sanitary Sewer Pipe Replacement: Project 95% complete.
0 2018 Perry Lane Rebuild: Survey data obtained, Processing data for initiation of design.
o Lower Bundy Road Rebuild: Survey data obtained, Processing data for initiation of
design.
o MS4 (Municipal Separate Storm Sewer System):
o Completed inventory of in-house files.
o Organization and archiving of documents.
o Completed Townwide Illicit Discharge/End-section review and classification.
o Completed Townwide Stormwater Management Structure inventory and data
collection.
o Townwide Trail(s) Stormwater pipe inventory-in progress
o Current Development Inspections Underway:
o Maplewood Redevelopment-SWPPP, Sanitary Sewer, Water
o Westview Subdivision - SWPPP, Roadway installation/inspections, Sanitary Sewer
o Clare Bridge—SWPPP
o Cayuga Meadows SWPPP, Water, Sewer, and Road
o Therm-Sanitary Sewer re-alignment-Complete, Easement dedication/legal review in
progress.
o Coddington Road/Burns Road Intersection Improvements (Tompkins County)-
Watermain relocation under review
o Bids Received and Construction Underway:
o Sapsucker Woods water main Reconstruction-Start date 6/5/2017: 98% Complete
o Christopher Circle water main Reconstruction-Start date 7/7/2017: 98% Complete
o South and West Hill Water Study-Working with GHD to complete water study: 50%
Complete
o Development Review:
o Maplewood Redevelopment
o Amabel Proposal; Five Mile Drive-Sanitary Sewer Review
o Ithaca Estates III Subdivision
o Cayuga Ridge Reconstruction
o South Hill Cafe
o Cornell Peterson Parking Lot Mods.
o Green Tree Expansion
o Chain Works
0 635 Elmira Road/Hotel-Final Site Plan review
o Holochuck Subdivision
o Misc. water/sewer tap approvals
o Attended Meetings
o Personnel Committee
o Public Works Committee
o Town Board
o Planning Board
o Bolton Point E & O
o Tompkins County Storm water Coalition
September and October Projects:
• Sign maintenance
• Continue catch basin cleaning and maintenance
• Weekly site inspections for parks and trails
• Weekly sewer pump station checks
• Haul materials for the stock piles
• Vehicle and equipment maintenance
• Install new plantings of native trees and shrubs at all sites treated this year
• Screen topsoil, creek gravel and millings
• Complete restoration of cleared sewer and water easements
• Begin demolition of old Grandview Park wooden play structure
• Install new play equipment at Grandview Park
• Finish replacing large culvert pipe on South Hill Recreation Way
• Site restoration at South Hill Trail culverts and re-install gate at Juniper Dr.
• Roadside and easement mowing
• Continue trimming along trails
• Shoulder maintenance on our roads and installation at other towns
• Fall brush pick up during the week of October 16-20,2017
• Ditch maintenance and hydroseeding