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HomeMy WebLinkAboutTB Minutes 2012-10-29 Meetingof the Ithaca Town Board Monday, October 29, 2012 at 4:30 p.m. Board Members Present: Herb Engman, Bill Goodman, Eric Levine, Pat Leary, Tee-Ann Hunter, and Rich DePaolo Staff Present: Debra DeAugistine, Mike Solvig, Bruce Bates, Jim Weber, and Judy Drake Call to Order -- Mr. Engman called the meeting to order at 4:32 p.m. Sustainability Discussion with Nick Goldsmith Mr. Engman said that 20 to 25 people attended a public meeting Mr. Goldsmith held. One of the ideas floated was the possibility of the Town buying alternative power, specifically from the Black Oak Wind Farm. Mr. Goldsmith stated that the Town’s Government Energy Action Plan calls for a 30% reduction in greenhouse gas emissions by 2020. That plan recommends either a power purchase agreement or a purchase of renewable energy credits for at least a part of the town’s energy usage. He said that he, Mr. Engman, and Mr. Solvig met with Black Oak representatives earlier in the month. Black Oak is a community-owned, locally managed wind farm in Enfield that will serve between 12,000 and 20,000 households. They are looking to begin operations between the end of 2013 and 2014. Mr. Goldsmith will submit electricity data to Black Oak to get two different kinds of proposals: an investment option and a power purchase option. The investment option involves putting money in before project completion and getting a return on investment in the form of part equity shares and part fixed shares. The return on investment might also be a discount on electricity. The power purchase agreement is a 10- to 20-year contract for buying electricity at a predetermined fixed or variable rate. Buying power doesn’t buy renewable energy credits, so it wouldn’t reduce the town’s carbon footprint. Black Oak estimates that there will be high competition for the renewable energy credits and they may decide to sell them to NYSERDA, who will offer the best price. The town can get renewable energy credits from other suppliers. If the town did an investment option, it’s a question of whether we’d get enough return on investment to pay for the renewable energy credits. Even if the town doesn’t get the renewable energy credits, we’d still be supporting renewable energy and supporting a local business. Mr. Engman stated that it’s not unusual for municipalities to invest in these things. The town of Caroline buys all their energy through renewable sources, but they raised money from the community to cover the higher price tag. The city buys all their energy from renewable sources, but they just pay more for it. In order to spend time looking at all the choices, the board needs to have an idea if it’s the direction they want to go. Right now, you can’t save money buying renewable energy, but you might in the future. It’s a gamble whether you’ll get your investment back. The one big advantage is that Black Oak is in the county, so it would mean supporting the local economy. Ms. Hunter said she would support looking further into this. She asked if someone has come up with the model to calculate environmental costs associated with energy use. The purchase price might be more, but there are other costs associated with buying fossil fuels. In order to do a cost- TB 10 29 2012 Page 2 of 14 benefit analysis, you have to understand the costs associated with fossil fuel consumption and the costs associated with not buying renewable energy; for example, air pollution and climate change. She asked whether those costs offset the higher purchase price. Mr. Engman responded that they’re called avoided costs and agreed that the town’s share should be calculated. Mr. Goldsmith said the EPA has a new tool that focuses on air emissions and related health costs. Mr. Goodman said Black Oak is an LLC with a board of directors of about 15, some of whom are his friends. He’s also an investor in the company, so he said he’d have to recuse himself. They’ve done some private placement offerings to collect initial investments; at some point, they’ll do a public offering to raise more money. Mr. DePaolo pointed out that investments carry risks. The Board was initially reticent when John Rancich came before them because the town can’t gift. He wondered whether that calculus has changed. If the town does not invest in this project, it will be built anyway. It will be generating the same amount of clean energy whether the town subsidizes it or not. Does the town want to subsidize it to make it more economically viable? Does the town want to promote clean energy? He thought it was worth investigating. Mr. Engman said the Town would need to talk to our attorneys to find out what’s feasible for a municipality. But as Ms. Hunter said, if you can work out the gains and goals, it’s not so much about the dollar outlay as the only determining factor. Although he buys wind energy privately, he’s been reluctant because he knows he’s giving a gift to a company. But what’s the difference between taxing the public such as for carbon taxes and subsidizing. Mr. Goldsmith said Cornell is considering a small purchase for an off-campus site since they get 85 percent of their energy from their own plant. IC is heavily considering. Mr. DePaolo said there are municipally-owned utilities that make a lot of money, so if the town is going to get up to a certain threshold, why not consider outright ownership? He would like to see a parallel analysis. Ms. Leary said she has been in favor for years. She doesn’t think a dollar more than the conventional price the town might pay is a gift; it’s just using our purchasing power to encourage the growth of alternative energy. The board agreed that the town should gather information, get some quotes, and speak with the attorney. Town Official’s Reports Town Board Vacancy Mr. Engman proposed sending out an announcement saying there’s a vacancy on the Town Board. Anyone, including political parties, can send their name and interest directly to the Town. TB 10 29 2012 Page 3 of 14 Mr. Engman stated that one of the voting members on the Comprehensive Plan Committee no longer lives in the Town. The committee was first appointed in 2008 at the organizational meeting, and there was no guidance as to criteria for serving. The Protocol and Procedures Manual referred him to residency requirements in the town code, but it contains rules only for the Planning, ZBA, and Ethics Board; it’s silent on residency for all other boards and committees. So the board needs to decide how to deal with the situation where one of the voting members moves. There are non-voting members on the board. Do we declare the member ineligible as a voting member? Ms. Hunter was of the opinion that, failing a policy, the board should leave well enough alone or draw something up for the organizational meeting to institute a policy. It would be arbitrary to make a decision at this point on an existing committee and start establishing rules we didn’t feel necessary to establish before. Mr. Engman responded that the board did say that only those members who live in the town would have voting power. The question is: Should someone vote on something they don’t have to live with? Mr. DePaolo stated that someone who has participated in a process for a number of years and has been there every step of the way should be entitled to finish the process. The neatest and cleanest way to do it is that if you don’t live in the town, you don’t get a vote. It’s not necessarily the fairest to someone who has been involved for years. Ms. Leary said nothing precludes anyone from attending a committee meeting. It’s up to the chair whether or not they participate. The Comp Plan Committee meetings are open to the public, and there has been plenty of input from nonvoting members, but sometimes issues get down to a thin vote. The committee was hoping to wrap up the work fairly soon. There’s a potential for this to drag out for months, depending on whether we can resolve issues. It would be cleaner to establish that if you don’t have residency stake in the town, you can’t be a voting member. Mr. Engman said that when the committee was established, the town board established who the voting members would be and gave voting privileges only to members who are residents. The person has moved out of the town, but is not resigning. He said that the committee has only voted once or twice. The town board will have the authority to review the plan and change anything, so it’s not really that important, but it is a little odd that a person who doesn’t have to live with the consequences has a say in how the town will look for the next 20 years. Mr. DePaolo said that all municipalities are interrelated, so other towns will deal with the implications of the town of Ithaca Comp Plan. Ms. Leary stated that the committee has been going on this for four years. Sometimes when people can’t come to a meeting, they want a recap at the next meeting; that’s what taken so long. To bring in someone new would cause more delay. The initial appointment did not specify the number of voting members; in fact, the number of voting members on the committee changed, so now it can be harder to make a decision because there is potential for a tie and this would at least break the tie. Ms. Hunter said that the board has dealt with the tie issue through process: if there’s a tie, the measure passes, and it is noted in minutes that there was a disagreement. She said that the issue TB 10 29 2012 Page 4 of 14 has become personal: this is a person who Ms. Leary doesn’t agree with and would like to see not to have a vote. That’s not the basis on which the board should make a decision. If we want a policy, we create the policy at our organizational meeting where we appoint our committees. At that point, if the Comp Plan isn’t finished, this person can be denied a vote. An alternative is to draw up a policy for the next meeting. Without a policy on hand, Ms. Hunter said she would be uncomfortable making a decision. Mr. Goodman agreed that the board should come up with a draft policy for next meeting: it would be an amendment in the manual stating that only residents can have voting status. Mr. Engman sees it not as a personal issue, but a policy issue. Establishing a policy doesn’t solve the problem now. He suggested the board make a decision on what to do now, then make a clearer policy for when the board makes appointments. He suggested someone put forth a motion. Mr. DePaolo said that, in some ways, it’s more disruptive to change the voting dynamic of a group midstream than to carry it through to a predetermined period. Maybe there’s room for a transitional period. He also pointed out that the entire planning department does not live in the town and they’re the ones writing the document. Ms. Leary said a committee was set up to decide how the comp plan committee would be constituted: the reason the people outside the town could not vote was because they wouldn’t have a stake in the outcome – the committee was deliberate on that point. Mr. Goodman stated that it makes sense to have only residents voting on our boards and committees, and asked if a statement to that effect could be prepared for the next meeting’s agenda. Mr. Goodman moved and Mr. DePaolo seconded establishing a policy for the meeting of November 19, 2012 amending the Protocol and Procedures Manual to state that only town residents can vote on citizen advisory committees. The motion passed unanimously. Ms. Leary moved and Mr. Levine seconded the following motion: Whereas, a member of the Comprehensive Plan Committee has moved out of the town and is no longer a resident; and Whereas, the Comprehensive Plan Committee is unique among other citizen advisory committees and is concerned with the future of the town; and Whereas, this person will not have to live with the advice of the Comprehensive Plan Committee; now therefore be it Resolved, any person who moves out of the town should no longer have a vote on the Comprehensive Plan Committee. VOTE: AYES: Engman, Leary, Levine NAYS: Goodman, Hunter, DePaolo Motion failed TB 10 29 2012 Page 5 of 14 Report from Committees Codes and Ordinances Committee Mr. Goodman reported that they talked about banners at the last meeting: this is part of the discussion on changing the sign law. They decided to put forth an amendment dealing with banners specifically, because they’ve been getting requests for banners at institutions like Ithaca College. They will recommend the town board change the sign law to allow banners up to 24 square feet within 500 feet from a public right of way. They’ve looked at a model Susan Brock brought from a municipality in Wisconsin as way of simplifying the handling of signs. The model sets the total square footage of signs allowed on a property and doesn’t get into details about the types of signs. The committee decided to continue with the current structure of the law, possibly incorporating elements of the Wisconsin law. At the next meeting, they’ll discuss a simple change to zoning to allow reroofing permits and other types of emergency or structural integrity projects without a variance if there’s a nonconformity on the property. Planning Committee Mr. DePaolo stated that they discussed the final iteration of the West Hill Traffic Study. Sue Cosentini was scheduled to attend, but it was determined that she would not have information on the questions the board had raised. The study will be ready for next town board meeting. Personnel and Organization Committee Mr. Goodman said they continued discussion of the survey of contractors relating to the building department. Mr. Bates updated them on changes happening within department. They will continue that discussion at the next meeting. They moved ahead the jobs points classification: the next step will be to look at wage scale. The consultant is getting information comparing the town’s wages to those of other municipalities. Public Works Committee They invited Jeff Smith, county highway manager, and Dan Walker, Labella Engineers (consultants the county has hired to help with the road preservation law), to talk about implementation of the county road preservation law and to get recommendations for modeling the town’s law on it. The committee also talked about costs of maintaining trails and parks that town staff mow. They’re comparing the cost to have a regular crew versus a crew made up from seasonal workers who work at a lower rate than unionized workers. This will help with the budgeting implications of taking on new parks. Pine Tree Road Speed Limit Reduction: The committee recommended bringing a resolution to the board recommending a reduction of speed limit. Mr. Weber pointed out that there was also discussion specifically on the points between which the speed limit would be reduced and on what the speed limit should be reduced to. There has not been a petition; it was a unique scenario where the county told the neighborhood they would not dispute the need for a reduction. At SAC, they discussed listing people who sent emails supporting the change. Mr. Engman pointed out that there is not unanimity: some Cornell people thought there should be a higher speed limit past their facility, whereas residential property owners wanted a lower speed limit. The committee will not be able to please everyone and will need to simply make a recommendation. TB 10 29 2012 Page 6 of 14 Ad Hoc Committees Fire: Mr. Engman reported that the town budgeted for a 5 percent cut in 2013 because the city seemed serious about cutting the fire budget. The mayor had talked about a 12-person reduction, then he reduced that to 5, and common council put back two of those positions. This makes a $50,000 shortfall in the town’s budget for fire protection. Mr. Engman attended the next common council meeting to discuss this, but got the impression they are not going to change. He recommends the town vigorously pursue alternatives. He thinks the two major approaches should be to talk to our neighboring departments to see if they’re willing to pick up parts of the town, and to start a department where we can’t get coverage (South and West Hills). Ulysses has expressed interest in collaborating because they’re having trouble with fire and emergency response. The next fire contract is up 2014, and we might not be able to figure it all out, but we can chip away at it. Mr. Engman stated that he and Mr. Myrick had talked to a consultant attorney who specializes in fire and emergency response program and policy. The town board and common council were scheduled to have a meeting with him, but it was cancelled and has not been rescheduled. The city was going to pay for that visit; the town could invite him, but the town would have to pay for it. Mr. Engman asked the consultant if a combination paid and volunteer fire department could work, and he said yes; the city has been saying that it won’t work. Ms. Hunter wondered whether a combination unionized/volunteer department would work. Mr. Engman responded that one scenario might be paying a chief to administer a fire station and coordinate the recruitment and training of volunteers. He asked common council that if they think cutting 5 positions this year is tough, what will happen if the town says they can’t afford the $3.1 million, and in two years, the city has to cut 25 firefighters. Ms. Leary asked if the fire component could be separate. Mr. Engman replied that he talked to Bangs ambulance. It can be done, but it’s really tricky. Mr. Levine pointed out that Varna felt they could provide good coverage for EMS, but not for fire. Mr. Bates explained that the town doesn’t pay the Fire Department for ambulance service -- only for fire service; ambulance service is handled by Bangs. The Fire Department provides a first response to critical calls prior to the ambulance getting there. This is not a requirement, but a service. It increases their numbers and makes them look good. It provides critical life services; i.e., the person could die if they don’t respond. Mr. Engman said he did a long interview on YNN, but doesn’t know if it aired. He’d like to put this discussion on the agenda for a regular meeting to get media publicity. Bangs stations an ambulance in Lansing, and Mr. Engman asked if they could station one on West Hill, but they said no because the volume of calls isn’t enough. Maybe if the town teams up with Ulysses, we can have ambulances stationed around and would not need the Fire Department for that coverage. Cable Franchise Agreement: Mr. DePaolo said there will be a public meeting on Thursday so people can share their experiences with Time Warner Cable. We will use this information to inform our franchise negotiations. Mr. Engman noted that we have no control over content. TB 10 29 2012 Page 7 of 14 Recreation Survey: Mr. DePaolo could not get in touch with Kendra Liddicoat regarding our needs assessment. She’s not on the Cortland faculty anymore. He found through Google that she’s in New York City. Discuss the acquisition of real property from Elizabeth Salon Mr. Engman passed around an article (Attachment #1) to explain why Ms. Salon wants the park to be named after her mother, Gurda Rudinger. Ms. Ritter pointed out that the town has a policy on naming parks. Mr. Engman thinks it’s entirely in accordance with the policy. Ms. Ritter responded that she was not sure this met the criteria. There are six criteria for naming parks: geologic location of the park, the name of a person who made a significant contribution to the town, a significant archeological site associated with the park, the name of a donor of the land or improvements to the park, a significant physical feature, or a significant historical event – either associated with the site or of national significance – to create a memorial park to Town of Ithaca residents who died while serving their country in the military service. She doesn’t believe Ms. Salon’s mother lived here. Mr. Engman thought naming the park after Ms. Solon’s mother was appropriate because there was a significant historical event (WWII) and Ms. Rudinger, who became a resistance fighter, took the risk of dying fighting the Nazis and she was captured. We all benefited from the cause. It wasn’t someone who died, but who took the risk of fighting. Ms. Salon could have put the property on the market and sold it for top dollar. It would have been logged and subdivided into building lots. Although she didn’t donate the land, she made it possible for the town to acquire it in an orderly manner. There’s also a watershed that goes through this property. It’s not possible to think of every single connection in the policy. Mr. DePaolo asked if it was ultimately up to the board to decide and if the policy was just a guideline. Ms. Ritter said there were situations where people wanted to name parks after people who had died in the town. The town wanted some guidelines on when we would say no and when we would say yes. Mr. DePaolo asked if the purchase price was the market value of the property or if it was significantly lower than if it were put on the market. Mr. Engman replied that the town is paying the appraised value. Mr. DePaolo asked if developers would pay more. Mr. Levine said the appraised value is the appraised value, but the best indicator of value is what someone will pay for it. Mr. Goodman said that it might get a higher price on the market considering the desirability of the property, but that the appraiser is supposed to estimate the fair market value. Ms. Hunter said she was comfortable going forward with purchasing the property and naming it, but since the proposed name does not fit the criteria for naming parks, she would like to insert language in the resolution to acknowledging the fact that the proposed name goes against policy. She did not want to simply ignore the policy the board adopted, and simply decide on a case-by- case basis not to abide by adopted policies. Mr. Engman said it was a small kindness on the part of the board and that he didn’t know any better name for it. TB 10 29 2012 Page 8 of 14 Mr. Goodman pointed out that the resolution doesn’t explain why it’s named Gerda’s Glen, so someone reading it wouldn’t know how the name came about. TB Resolution No. 2012-193: SEQR: Acquisition of Salon Property, Culver Road (Tax Parcel No. 32-1-8) MOVED: Tee-Ann Hunter SECONDED: Rich DePaolo WHEREAS, this action is the acquisition of the approximately 11 acres of property owned by Elizabeth Salon on Culver Road (Tax Parcel No. 32-1-8) in the Town of Ithaca; and WHEREAS, the Town has entered into an agreement with Ms. Salon to purchase the above- referenced property for passive park purposes, subject to use restrictions that will be specified in the deed; and WHEREAS, it has been determined that the above-described action is an Unlisted action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 – Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in this environmental review of the property acquisition; and WHEREAS, the Town Board at its regular meeting held on October 29, 2012, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II prepared by Town staff for this action; Be it Resolved that the Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. VOTE: AYES – Engman, Goodman, Hunter, DePaolo, Levine, Leary TB RESOLUTION NO. 2012-194: Authorization for the Acquisition of Real Property from Elizabeth Salon and to Complete the Transaction MOVED: Herb Engman SECONDED: Bill Goodman WHEREASthe Town Board has determined that the Elizabeth Salon property on Culver Road has ecological value deserving of protection; and WHEREASacquisition of this 11.19 acre parcel will add to the previously purchased Dress Preserve of 11.6 acres; and TB 10 29 2012 Page 9 of 14 WHEREAS independent appraisals valued the property at $36,000 (land) and $12,660 (timber) for a total amount of $48,660; and WHEREASElizabeth Salon has verbally agreed to a purchase price of $46,000; and WHEREASpursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the acquisition of this parcel is an Unlisted action for which the Town of Ithaca Town Board, acting as lead agency in an environmental review with respect to the property acquisition, has, on October 29, 2012, made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts I and II; and WHEREAS the land is to be named Gurda’s Glen in honor of Gurda Rudinger Knegrmans, Elizabeth Salon’s mother; NOW THEREFORE BE IT RESOLVEDthat the Town acquire said lands as soon as practicable and pay $46,000 for same after receiving a proper deed fully executed and evidence satisfactory to the attorney for the Town on this matter that the title to such property is marketable; said funds to be made available from the General Fund Open Space Cash Reserve, which has sufficient funds to cover the costs of this acquisition and further RESOLVEDthat the Town Supervisor be, and hereby is, authorizedand requested to take such steps (including the expenditure of Town funds for the purchase, survey, recording fees, filing fees, and other customary real estate fees and expenses), and to execute such documents, as deemed necessary to effectuate such purchase and the purposes of the forgoing resolutions and further RESOLVED that such lands be named Gerda’s Glen and be acquired for, and held as, passive recreation, education and ecological forest lands for the benefit of the residents of the Town of Ithaca. VOTE: AYES – Engman, Goodman, Hunter, DePaolo, Levine, Leary Discuss and consider approval of Planning Department restructuring TB Resolution No. 2012-195: Creation of Senior Planner Positions MOVED: Bill Goodman SECONDED: Tee-Ann Hunter 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 TB 10 29 2012 Page 10 of 14 WHEREAS, by regulation of Civil Service Law the Town must create a position and approve the job description before making an appointment; 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 Sate 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: (a)Senior Planner (2) One will be a reclassification of Assistant Director of Planning And be it further RESOLVED, the Town Board does hereby approve the attached job description for the said position, with the said position being in the Job Classification “P”; and be it further RESOLVED, the Human Resources Manager is directed to coordinate any necessary filing with Tompkins County Personnel Department to obtain certification of the position. VOTE: AYES – Engman, Goodman, Hunter, DePaolo, Levine, Leary Consider referral of possible conservation zone along East Shore Drive to the Planning Committee for comment Ms. Leary asked if the 1993 Comp Plan recommended that the area be zoned conservation, why it took so long to do so. Ms. Ritter responded that Coy Glen was also recommended, but it is also just coming up. She does not know why it was not included in the 2004 revisions to the zoning ordinance. Mr. DePaolo stated that there’s an area in the northeast that was designated for future conservation that Cornell owns, and they’re now going to put workforce housing on it. There are a lot of things in a comp plan that do not play out in real life. There are multiple owners of this area, some of whom might have development interests. He’d like this discussed at the committee level before making a decision. Ms. Leary said that no matter what the Planning Committee does, they will vote 2 to 1 that it be rezoned conservation. Mr. DePaolo argued that they may recommend a smaller area than the entire 11 acres. There are a lot of variables, and he’d like to talk about it more before drawing conclusions based on speculation. Mr. Goodman agreed that the discussion should take place at the committee level. TB Resolution No. 2012- 195: Referral of a proposed East Shore Conservation Zone area to the Planning Committee for review and comments MOVED: Tee Ann Hunter SECONDED: Rich DePaolo TB 10 29 2012 Page 11 of 14 WHEREAS the Town Board has reviewed a request by the Town of Ithaca Conservation Board recommending that a portion of East Shore Drive be rezoned to a Conservation Zone, Now therefore be it RESOLVED that the Town Board refers the request to the Town Planning Committee for review and comments. VOTE: AYES – DePaolo, Hunter, Levine, Engman and Goodman NAYS – Leary Discussion Items Cornell/DEC Lake Study and Permitting Mr. Engman stated that the town of Ithaca has been dragged into this discussion because on October 19, there was a news release regarding a $2.1 million study of Cayuga Lake by Cornell, given as a grant by the Department of State to the Town of Ithaca on behalf of the Cayuga Lake Watershed Intermunicipal Organization. The reason this is so odd is that Mr. DePaolo has been sitting on the IO. Mr. DePaolo added that the money was committed three years ago, but has not come forward, and it was for updating a restoration and protection plan written 12 years ago. Somehow it has been incorporated into the PR for the initiative to create the impression that there’s municipal buy in. Mr. Engman stated that the town was never contacted or told about this news release. Cornell knows that the town is not in favor of their getting a different type of permit for lake source cooling. They know fully well that they’re contributing to the phosphorous loading at the south end of Cayuga Lake. The DEC knows it because the town told them. The DOS might not know it. Darby Kiley is still administering the grant and she does not know how these two things got linked. The reason Mr. Engman is against it is because the DEC is saying they will change Cornell’s permit based on Cornell’s own study. The agency getting the permit should not be doing the study. In Mr. Engman’s estimation, it’s both irrational and unethical. If they want to pay $2.1 million for the study, great, but it has to be done by an independent agency. The EPA has been putting pressure on the DEC for years to get this settled, and when it finally is, someone will be paying a lot of money to correct the situation in Cayuga Lake. So Cornell has found a way to get local municipalities to pick up the tab (farms, sewage treatment plants, etc). He thinks it’s obscene that the DEC is cutting a private deal with a private organization on their own permitting. They’ve basically said that if Cornell does this study, they will no longer have to do their monitoring stations, so all of the data will disappear except what Cornell collects through this study. Mr. Engman said Cornell is doing this for two reasons: 1) To save money in the long run, because for $2.1 million, they could just change their outfall and eliminate their contribution of phosphorous to the south end or build a closed-loop system. It would not cost $2.1 million to do that, but they’re afraid of the long-term liability for phosphorous loading. 2) Pure pride. They have bragged to the world about this system – how they’ve reduced the cost of heating and TB 10 29 2012 Page 12 of 14 cooling on campus. They don’t want to be embarrassed by proving that they’re causing significant phosphorous loading. They say they are under 10% and that’s true, by their own data collected by their monitoring stations, year-round, but during the months of July and August – when the phosphorous is taken up by plants and the biomass is created in the south end of the lake – Cornell’s contribution is 50 percent. They will not admit to that even though it’s what their data shows. There is a comment period with a deadline of November 16. Mr. DePaolo stated that a few years ago, there was a quid pro quo offered by Cornell to the WRC and other citizen and municipal water quality monitoring groups. Cornell said that if a group supported their initiative to discontinue permit compliance monitoring for lake source cooling, Cornell would give them the $100,000 a year they were currently spending on it and the recipient could develop the monitoring program to evaluate the health of the lake. The problem with that is that the permit compliance monitoring showed a statistically significant impact on water quality as a result of lake source cooling. So there’s been a regulatory struggle behind the scenes. The wastewater treatment plants have greatly reduced their phosphorous loading to the lake, lake source cooling’s loading has gone steadily up over the same period of time, and water quality is getting worse. Cornell is saying they’re going to have to study it to see what’s going on because it must be something else. There’s enough evidence to show that there’s been a significant impact because of their project, but they’re trying to get out from under the mitigation that was originally part of that permit, which was the outflow relocation study that would trigger the relocation of their discharge. The other issue is that Cornell has a state component, so there’s an inextricable link between Cornell and the DEC. The permit lapsed in 2008, so they’ve been administratively renewed since then. They’re being given 5 years to make this evaluation. During that period they’re allowed to increase their discharge by three times what it already is. The bio-entrainment mitigation system, which is supposed to keep larval shrimp and fish from getting sucked up into their intake, hasn’t been operational for ten years, since it was destroyed by a boat. This will give them another five years to study that. The bottom line is that it’s in their financial interest and in the interest of their promotion of themselves as a world citizen to get out from under the regulatory constraints of the current permit and get a more lax permit. If Cornell wants to pay to study the lake, that’s fine, but it can’t come at the expense of permit compliance monitoring and it should be conducted by an independent agency. Mr. Engman quoted a letter dated October 11 that the EPA wrote to the DEC, which said the DEC should organize a group of stakeholders, including Cornell, of other state and local governments and agencies, non-governmental organizations, and Indian nations with an interest in the improvement of Cayuga Lake water quality, to assess data, identify data gaps, and develop a plan to achieve water quality standards in the lake, etc. They never said Cornell should do it. The letter also said that “the discharge from the lake source cooling facility contains phosphorous in amounts that may cause or contribute to an exceedance of water quality standards.” This is the EPA trying to convince the DEC to do the right thing, and what do they do? They cut a deal with Cornell. Mr. Engman concluded that it’s disgraceful and unethical. The permit is in a 30-day comment period. Mr. Engman suggested holding a special meeting of the town board to prepare comments. TB 10 29 2012 Page 13 of 14 The town board agreed to hold a special meeting on November 13, 2012, at 3 p.m. to discuss the lake source cooling discharge permit for Cornell University. Adopt-A-Park policy Mr. Engman reported that a number of people have called to do volunteer to work on various parks, and suggested that it would be nice to let people do more than clean up. The Board agreed to refer it to the Personnel and Organization Committee. Vacancies for Planning, Zoning and Ethics Boards George Conneman will not seek reappointment to the Planning Board. Eric Vandermaas resigned from the Planning Board. Dave Mountain will not seek reappointment to the ZBA; there is also a vacancy for alternate. Joe Wetmore will not seek reappointment to the Ethics Committee. Ms. Drake noted that last year, there was a combined committee for planning and zoning. Mr. Engman said he thought it worked out well. Mr. DePaolo, Ms. Hunter, Ms. Leary, and Mr. Levine expressed interest in serving on the committee. If all four board members were on the committee, there would be a problem with a quorum, so it would have to be limited to three board members. Mr. DePaolo agreed to bow out. Consider Consent Agenda Items: thth a.Approval of Town Board Minutes of October 4 and 15, 2012 TB Resolution No. 2012- 197a: Approval of Minutes of October 4 and October 15, 2012 MOVED: Rich DePaolo SECONDED: Bill Goodman WHEREAS, the draft minutes of the October 4 and October 15, 2012 meetings of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes as the final minutes of the Minutes of August 27 and September 10, 2012 of the Town Board of the Town of Ithaca. VOTE: AYES – Engman, Goodman, Hunter, DePaolo, Levine, Leary b.Town of Ithaca Abstract TB Resolution No. 2012-197b: Town of Ithaca Abstract MOVED: Rich DePaolo SECONDED: Bill Goodman WHEREAS, the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and TB 10 29 2012 Page 14 of 14 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. 2843 - 2924 P ' * # General Fund Town wide 76,279.97 General Fund Part Town 2,238.04 Highway Fund Part Town 23,730.87 Water Fund 10,466.97 Sewer Fund 6,063.61 Fire Protection Fund 264,792.00 Risk Retention Fund 3,460.00 Forest Home Lighting District 152.27 Glenside Lighting District 41.74 Renwick Heights Lighting District 59.75 Eastwood Commons Lighting District 144.14 Clover Lane Lighting District 16.98 Winner's Circle Lighting District 57.03 Burleigh Drive Lighting District 57.52 West Haven Road Lighting District 173.59 Coddington Road Lighting District 103.50 TOTAL 387,837.98 VOTE: AYES - Engman, Goodman, Hunter, DePaolo, Levine, Leary Adjournment Ms. Leary moved and Mr. Goodman seconded adjourning the meeting at 7:10 p.m. Submitted by Jlebra DeAugi^ne, First De^utyT^n Clerk it" ON THE ROAD -TB : It's All About Taking a Risk; Part 1 of2 M 8 U Grubtr, PhD. RN. ARNP Often [he path \fe cfaooae in Ute is it lease pardy dctcnniucd by those who have ni^ a £[VOiabie imprs- sioo on us bcause oP their sense ofpurpose or their dedicadon to a cause—to value something enough to be willing to talte a risk. It could be a teacher, a close friend, or a tamily membcc Sinulariy, the impaa usu ally comes from actions of the role model rather than his/her words. On this leg ofthe crip, we wcte on our way to visit Elizabeth G. Salon, a nurse practitioner (N?) who wc beard about several years ago on uur very first On the Rnad advenrure. was part of an cfibrt to establish a free clinic io Ithaca, New'^rk. EVeau.se of scheduling is sues for both of us, we were unable to con- nca until this past M. Wheo we finally met, I discovered that Elizabeth actually had three stories of risk to tell. One was a talc of a parent fur her counoy, the second was a group ofduzens ibr their cotnmututy, and the third was an NP for her seriously ill padenL The fins two tales ate told in this article; the tfaiid will appear in the next issue ofNPVibrUNem. The liip to Ithaca ^^wciK on our way to the Finger Lakes )n of New Yoric Suce. This trip took own the west side of Lake Qiyuga, the :st ofthe 11 Finger Lakes. Wc enjoyed iles oflakeskore scenery, wineries, and t,^rts chat are the focus of this scenic pan ofupstate New Vock. We stopped briefiy to admire Taughajmock Falls, a 215-iboi wa- tei&U less than a mile off the hi^way. It is also the tallest of the many water features found in the gorges and canyons near the Cornell University Campus: looking toward downtown Ithaca lake. Ac the southern end of Lake Cayuga is the town of Ithaca, home to Cornell University. Ithaca Itselfis called 'the d^' of gorges.'Many years ago, gladers carvvd our the gorges and canyons in the area. When the gladers receded, they lefr in their wake the many scenic lakes, rivers, and water- fiills char dot the landscape in and around Ithaca. As we pulled into town, wc realized we bad some free dme before our appoint ment with Elizabeth, so we decided to take a drive through the Corndl campus. Some of the most impressivx real estate in die United States, both In terms of ar chitectural design and oarural surround ings, can l>e friund on college and uni- vetsity campuses. Some of my tevorites are the Uolvenity of North Carolina ar Chapel Hill, The University of Waslung- ton in Scatdc. and Dartmouth University in New Hampshire. For me, howe\'er it is Elizabeth G. Salon hard to beat Cornell Universic)'. Much ct the campus is built on a hill in the eastern part of town. The buildings rcllecc both older and more contemporary designs. Near the top of the bill and clearly visible from downtown is a very contemporary building—the Herben F. Johnson .Mu seum of Art. From the cenrcr of town, it looks like an oblong box with a hole io the center. As wc got closer, we could see how this impressive design reail}' works with the surrounding green space as well as with other buildings. About a block away is another striking structure of metal and glass that appears to be suspended over the roadway beneath. We discovered chat this was MUscein Hall, home of the school of architeccurc. What surprised us, however, was how well these buildings blended with the older structures that oc cupy the rest of the campus. .As we drove back down the hill coward Elizabeths of fice. we decided that students here must be kept in excellent shape walking from building CO building on this beautiful, but hilly campus. We made our way into town and soon located Elizabeth's office which, along with the offices of several other health pracri- rioncrs, was housed in an older home near the center of town. She greeted us at the door and gave us a brief tour of the fine floor and the office and treatment space she rents for her practice. Elizabeth cook us into her small ofrice and informed us chat wc would have about 30 minutes to chat before one of her patient's was due to arrive for a vitamin C Infrtsion. More about this in our next issue... A Mother's Courage Elizabeth began by teliing us that much of who she is and what she values in life was infiucDced by her mother. "I have tried a lot of scar)* things ia my Lie, and J think my abilit)' to summon chat courage comes from my mother's example." she told us. Gerda Rudinger Knegrmans was raised and attended school in the Neth erlands. As a young teenager, she made the acquaintance of a young German tccu named Winkler during a family vaca- tioii in the .Alps. .Although Gerda had no parricular interest io bin;, his iiif^uation with her was apparently a bit scroftgcr. He wrote her several times and even sent her a cookbook, ihe never responded and soon met the nun she would cvencuaily marry. As time passed, Gerda forgot about the young man. Soon afterward, Worid War 11 Intervened. On May 1-i, 1940, the German Luft waffe carpet-bombed rhc center of Rot terdam, killing more than 1000 people. Elizabeth's mother Gerda cold her of the aftermarh of that horrific day. There were rows of bodies covered with rarps in the streets. She saw a young boy, perhaps 7 or 8 years old, who shunlcd through the streets. He would come to the cov ered bodies and lift the corner of each carp, iookiog rbr his parents. After star ing blankly for a few seconds, he would drop the tarp and shufHe slowly to the nexr pile and repeat his inspccrion. This experience made a lasting impression on Gerda and fueled a rage that compelled her to act. She made up her mind to join the Dutch Resistance, and over the next Seoi&no&OciODer SOtS • vOinne IS. Ao. S-'iC several years, she helped smuggle people and information in and out of the Neth erlands through London and Paris. Dur ing this time, she was again contacted bv Herr Winklcr, who was now a mem ber of the Schuttstaffci. or SS. an elite quasi-military unit of the Nazi party that ser-cd as Hitler's personal guard and as a special sccurtts- force in Germany and occupied countries. He invited her to so cial events in the hope that they would be reacquainted. Aitbough she despised him since the bombing of her homeland, she decided to use his attraction to her to get information for die Resistance. Elizabeth said her mother would at tend parties and social functions at Herr tinkler's invitation in the company of a male .Resistance worker where she would take picnires of people and events to be smuggled to London. Eventually a member of their Resistance group was arrested and, under torture, gave up sev eral other Resistance members, includ ing Gerda. who was eventually arrested and jailed as a poiiiica! prisoner, For more than 9 months, she and her fellosv prisoners svcre abused and starved nearly to the point of death. Elizabeth said her mother survived in part by hiding a jar of peanut butter that she rationed at ! ISC per day. To try and obtiun more confessions, their captors began to execute every other penon in the group. .Although Gerda was scheduled to be shot several times, they al- wwvj passed o^xr her. perhaps because of Herr AX'inkler. .She nes-er knew for certain, Then, one day a group of soldiers marched her out to a beach and cold her to start walking. When she csked if they were go ing shoot her. thet- told her that they svete letting her go. She walked for miles and ct'emually found herwat- home. .At the end of the war. she was reunited with her \'i- ennese ssvccthearc, Ernest Rudinger, with whom she had lost contact during the war. When he finished his stint with the 10th Mountain Division, he hitchhiked from Italy to the Netherlands to find out if she had survived the war. What followed was a fimasuc and jovful reunion. They were married and soon afterward immigrated to the United States in search of a better life. They had nvo children—John and Elizabeth. 'I almost ncsxr saw my mother cry. Elizabeth toid us. "She was a strong troman who bclies'ed in standing up for othcn, Elizabeth recalled that when she was in high school, she told her mother that she wcs go ing to attend a protest againn the Mecnatn War. Her mother accompanied her. saring "It Is important to .support the people you care about." It was easy to see how her moth ers courage, her willinfmKS « kelp others, and her determination to succeed influenced Eltzalxths choices as she became a soung wman and chose her career. Elizabeth ob tained a BA degree from Temple Unb-eisity and her Master of Science and FN? t.'aining from Pace UnhTtsity. SeptenTber^October 2012 • VtAene TS, No. 9^0 A Community's Coorage 1 have always found it inrere«ing how some inditnduals, when faced with com munity problems such as lack of affordable health care, choose to look to the local, stare, or federal government for solutions. Others rely on each other and their own creativity for a remedy. Such b the case of seixral communitj' leaders in Ithaca who came together in 1997 to form the Itha ca Health Alliance (IHA). The effort was spearheaded b%' communit)' organizer I^ul Glovxr, who formed the alliance of health professionals, biuincsses. and residents to create an entity that would address the problem of acce.<s to health care. The ap proach was based on some principles from the Canadian hcalthcate system as well as the colIecfTve approach to healthcare fi nancing taken by the Ambh. The basic idea was simple: people would purcha.«c IRA memberships for appro* SIOO. The alliance members would decide hmv thb money would be spent by choosing those procedures and services that would qualifo for funding assistance. Resources were not enough to cover the full cost of care, but the mones" would help. As the fund grew. IHA members could apply for up to S4000 annually for assistance paying for dental procedures and emergency medical proce dures (eg, stitches, x-raj-s. and cisting for broken bones), among other .services. Ad ditional funds were set aside for health ed ucation projects and an esxntual free clinic. Elizabeth found it exciting to see com munity members come together to gi« input into all aspe«s of the IHA and its proposed programs. Many people would eagerly spend long hours in meetings de ciding on categories of medical services to be covered by the health fond. Elizabeth was an early and cndiusiasric member and volunteer. Paul Glmxr noticed this and asked her if she would rim foe the board posirion. 'As I recall our convxrsation. I distinctly told him no," she .said. Elizabeth was raising a daughter, bad a busy position at the health department, and really had no time. "Vou can imagine my surprise svhcn I found that my name somehcov made it onto the ballot," she continued, "and I was summarilv elected to a board position! Summoning her usual courage and oim- mitment, Elizabeth accepted and was soon heavilv icrvolvcd in the administration of the IRA. She remained on the board for the next 8 years and was board president for a time. a.s well as serving as a member of the steering committee and volunteer provider for the Ithaca Free Clinic for 2 years. Ch-cr the nctt .several }xars. the mem bership gresv to nearly 1000. Mo.st of die members came from the ranks of the worWng poor in the Ithaca area, hut in creasing number* came from other parts of the scare, ssirh a few cravxling from other states. F.sxncually the success of the IRA drew the aacncion of the Ness' York State Insurance Department (NY'.^ID), which promptly launched an investigation that determined that the Ithaca Healdi Fund was not a cnmmunlty otganizadon but an insurance company. "Thtse were very tlark tl^ for us," Elizabeth said. "I was the board president at tbc time." It took a tremendous amount of time and resources to negotiate the two changes to the bylaws that allowed the IHA to continue to func tion. First, the language was changed from "member benefits" to "charitable grants." Second, alliance membership was limited to New York residents. The organization had ro allow NYSID lawyers into their meetings and provide an annual list of any complaints received about its services. Although the THA continued to provide grants, its membership shrank to about 700 people. TTie Ithaca Free Oinic finally became a reality in 2006 and continues to give care to Idiaca's uninsured residents. It has le- ccived recognition for being one of the fiw medically integrated clinics in the country. Patients may choose to receivx conven tional medidl care from doaois and NPs, or they may choose complimentary health practitioners such as chiropractors, acu puncturists, and herbalists, among others. In 2007. Elhabcth left die IHA and the fiee clinic after 8 years of service. She is ri^tfully proud ofher sersnce but has some mixed feelings regarding the direcdon the IHA has taken in recent years. In 2011, the oment board was finally successful in get ting IKS recognition as a charitable ptmi when they were granted 501(c)(3) This recognition, however, came at i price. In exchange, the IHA had to d- its membership. The members then rcluctandv voted for the extreme mt. rather than put the clinic and the educa tion programs at risk. Htzabeth believes the cost ofIRS recognition was too high. "I don't think it was ncccssaiy." she said. She emphasized that the members' financial in- sxstmenc and policy input were what made IHA a true grassroots oiganization. The clinic still functions, and the health fund will likely continue to give small gjants to people in need. Hmvcver, funds must now be raised throng donations rather than membership. There seems to beiess incen tive to be an active part of the alliance. For the 700 members, the role of active stake- PifOsesfelt'sAllAbont TaHtig* fStk Rtrt 1 of2, fiage23 Teughannock FalJo Olive 77aden Han on the Come/1 Univarsfty campus Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. Applicant/Sponsor Town of Ithaca 2. Project Name Acquisition of 11.19 acres on Culver Road - Salon Property 3. Precise location (street address, road intersections, prominent landmarks, etc. or provide map:) Tax Parcel 32.-1-8 on Culver Road adjacent to the Dress Preserve Tax Parcel Number: 32.-1 -8 4. Is proposed action: - NEW? X EXPANSION? MODIFICATION/ALTERATION? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items): Acquisition of land adjacent to the Dress Preserve owned by the Town of Ithaca for expansion of passive recreation and in keeping with the goals of the Town to preserve open space 6. Amount of land affected: Initially (0-5yrs) 11.19 Acres (6-lOyrs) 11.19 acres (>10 yrs) 11.19 Acres ^ 7. How is land zoned presently? \gricultural Will proposed action comply with existing zoning or other existing land use restrictions? Yes_X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new: Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO_X_ 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space ^X Other Please Describe: property is located adjacent to a Town preserve. 11. Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES_X NO If yes, list agency name and permit/approval/funding: Costs associated with the Town of Ithaca acquiring the property and minimal maintenance as is its custom with similar Town Parks and Preserves 12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X If yes, list agency name and permit/approval. Also, state whether it will require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ■n Applicant/Sponsor Name (Print or Type): Tow rfIl^g^/J^lerbEngm^, Supervisor Signature and Date: 'PART II - ENVIRONMENTAL ASSESSMENT (To be completed by the Town; Use attachments as necessary) A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following: ( Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: No negative effects anticipated. The property is currently open space and undeveloped. Acquisition of this parcel by the Town for passive park purposes will help preserve its ecological value. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: None anticipated C3. Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species? Explain briefly: None anticipated. See Cl above. C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated. There may be a slight increase in use of the property as passive recreation area or similar uses by orfor the Town s C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: development or growth will be allowed as evidenced by deed restrictions C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None anticipated Cl. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: E. Comments of staff , CB , other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca) Instructions: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration: (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material. Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address. Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental imptict^ND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency Prcparcips ^naturcfU" diflcfcot-^om Responsible Officer) Herbert .1. Engman, Supervisor / r,^^ame & title of Responsib^ OfncerJy^Lead Agency ^Signature of ^p6tribuiing^;^arcr DATE: JigijatiihyofResponsihfe Officcr^Lead Agency