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HomeMy WebLinkAbout08-11-11 Notice of Public MeetingNOTICE OF PUBLIC MEETING A public meeting will be held on Thursday, August 11, 2011 at 5:30 p.m. in Common Council Chambers, City Hall, 108 East Green Street, Ithaca. This meeting is being called by and will be chaired by, Acting Mayor Eric Rosario. AGENDA 1. Discussion among stakeholders about the remediation of South Hill in particular the remedy proposed by Emerson and sanctioned by the NYS Department of Environmental Conservation and the NYS Department of Health that requires a city easement. If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48 hours before the meeting. 'Ala lie Conley Holco b, City Clerk Dated: August 10, 2011 9.2 Attorney's Office - Approval of Easement for Emerson Power Transmission Vent Stack (Re: South Hill Remediation Program) - Resolution By Alderperson Clairborne: Seconded by Alderperson Dotson WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above - referenced parcel, in the southerly portion thereof; and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and /or solvents from the former Morse Chain and National Cash Register facilities, and the Therm, Inc., facility, all of which are located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and /or vapors remain in the surrounding soil; and WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to allow vapors to enter a passive - ventilation system along the route of a 300 - foot -long section of said sewer main, via a new, perforated pipe to be installed parallel to a new sewer main, and to be vented through a 25- foot -tall stack to be located on the above - referenced City -owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack (including bollards or other protective elements); and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, written comments on this request have been received from the City's Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above - referenced parcel is currently developed with a small, gravel -based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City -owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; and WHEREAS, Chapter 170 ( "Use of City Real Property ") of the City Code stipulates that "the authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council's approval;" and WHEREAS, in a resolution approved on July 27, 2011, the City's Board of Public Works determined that the use of the subject City -owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefor, would serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future, and recommended that the Common Council grant such easements, subject to certain confirmation and certain special conditions (as described in said resolution); now therefore be it RESOLVED, That, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, b. confirmation that the City's right to convey the requested easements is not constrained by any existing, non - revocable property rights affecting the proposed easement area, and c. the City's having legal authority to revoke any rights held by a third party pursuant to a City- issued license or other permit, to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Common Council hereby approves the request from EPT for temporary and permanent easements across the City -owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and authorizes the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, to execute an easement instrument that includes standard City provisions, as well as the following: 1. Consideration to be paid by EPT to the City in the amount of at least $2,000 (for 100 square feet of permanent easement area); 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed approximately 100 square feet, to be located as close as possible to the southeast corner of the City -owned parcel, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Operation of the passive - ventilation system will not be altered without City consent; 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. EPT to maintain a schedule of quarterly indoor air quality and soil testing, within feet of the vent stack, with reports to be submitted thereafter to the City; 10. EPT to provide City with timely copies of any performance reports EPT is required by NYSDEC to file, regarding the passive - ventilation system; 11. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 12. To maintain easement, EPT must submit to City, on or by every 10 -year anniversary of the execution of this easement, a summary report of system performance and statement of continuing need. Failure to submit such report/statement within 6 months of said anniversary shall constitute grounds for revocation of the easement by the City; 13. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it; and 14. Upon termination of the easement for any reason, EPT shall be responsible, at its sole cost, for removal of vent stack, in- ground foundation elements (not including the 300' perforated pipe), and any other above - ground elements of the passive - ventilation system, and for restoration of the affected area. Amending Resolution By Alderperson Dotson: Seconded by Alderperson McGonigal RESOLVED, That provision number 9 above be amended to read as follows: 4C9. To determine whether the selected remedy is effective to mitigate ambient and indoor toxins, EPT shall implement all the procedures specified in the WSP "COMMUNITY AIR MONITORING PLAN / SEWER RESTORATION PROJECT," revised July 15, 2011. EPT shall test the ambient air quality at FOUR upwind and FOUR downwind testing locations, widely- spaced but within 100 feet of the perimeter of the excavation area, during sewer excavation, construction and resurfacing, and monthly following completion for the first three months and then quarterly for an additional year. Thereafter, such ambient air testing will be conducted twice a year until all eight site - related chemicals for all test sites are below 1 ug /m ^3. EPT shall also offer to perform indoor -air testing (comparable to the tests they performed on South Hill during project phases 1 - 5) annually on each home adjacent to the sewer excavation area (consisting of eleven properties along East Spencer Street), and on four OU3 -area properties upgradient of the vent stack, until basement air levels for all eight site - related chemicals in that property fall below 1 ug /m ^3 or fall to or under background levels;"