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Home My WebLink AboutMN-CC-2000-08-10 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:00 p.m. August 10, 2000 PRESENT: Mayor Cohen Alderpersons: (7) Pryor, Sams, Farrell, Blumenthal, Vaughan, Glasstetter, Spielholz OTHERS PRESENT: City Attorney – Schwab City Clerk – Conley Holcomb Director of Economic Development – McDonald Planning and Development Director – Van Cort Sr. Environmental and Landscape Planner - Cornish Information Technology Director – Twardokus Youth Bureau Director - Cohen EXCUSED: Alderpersons: Taylor, Hershey, Manos PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: Interim Right-of-Way and Access Agreement Between the City of Ithaca and Telergy East, LLC – Declaration of Lead Agency By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed Telergy Agreement is an “Unlisted” Action pursuant to the City of Ithaca Environmental Review Ordinance and the New York State Environmental Quality review Act, which requires review under the City’s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the proposed Telergy Agreement. Carried Unanimously Interim Right-of-Way and Access Agreement Between the City of Ithaca and Telergy East, LLC – Determination of Environmental Significance By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, a proposed Interim Right-of-Way Use and Access Agreement between the City of Ithaca and Telergy East, LLC has been negotiated and is being considered by Common Council, and WHEREAS, appropriate environmental review has been conducted, and August 10, 2000 2 WHEREAS, the proposed action is an “unlisted” action under the State Environmental Quality Review Act, and is an “unlisted” action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That the City of Ithaca Common Council as lead agency in this matter, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk’s Office and forward the same to any other parties as required by law. Carried Unanimously Interim Right-of-Way and Access Agreement Between the City of Ithaca and Telergy East, LLC By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, Common Council has reviewed and approved a document entitled “Interim Right-of Way and Access Agreement Between the City of Ithaca and Telergy East, LLC”, and WHEREAS, Mayor Alan J. Cohen has been involved in the negotiation of said agreement; now, therefore, be it RESOLVED, That Mayor Alan J. Cohen is hereby authorized to execute said agreement. Mayor Cohen explained that this is a ten year interim right- of-way use and access agreement. The City is currently drafting a Telecommunications Ordinance, and once this is adopted, franchise agreements can be negotiated. An Ordinance would supercede this interim agreement, however, Telergy may obtain a court injunction or stay of implementation, to dispute the differences between this interim agreement and the adopted ordinance. Discussion followed on the floor regarding the completion of annual audits, the locations of the placement of infrastructure, and environmental review procedures. Alderperson Vaughan thanked Attorney Susan Brock for all of her work in the negotiation of this agreement. A vote on the resolution resulted as follows: Carried Unanimously August 10, 2000 3 A Local Law Electing a Retirement Incentive Program as Authorized by Chapter 86 of the Laws of 2000 for the Eligible Employees of the City of Ithaca By Alderperson Vaughan: Seconded by Alderperson Spielholz Local Law No. __ of the Year 2000 City of Ithaca A LOCAL LAW electing a retirement incentive program as authorized by Chapter 86 of the Laws of 2000 for the eligible employees of the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. The City of Ithaca hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 86 of the Laws of 2000. Section 2. The commencement date of the retirement incentive program shall be October 3, 2000. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be ninety (90) days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the City of Ithaca for each employee who receives the retirement benefits payable under this local law. Section 5. This act shall take effect upon filing with the Secretary of State on or before September 1, 2000. Carried Unanimously Conceptual Approval of Draft Recreation Partnership Agreement – Discussion Alderperson Spielholz and Youth Bureau Director Cohen answered questions from Council members and clarified language in the draft agreement. Alderperson Spielholz explained that the Partnership includes all of the municipalities in Tompkins County except the Town of Lansing and the Town of Ithaca. Discussion followed on the floor regarding the City’s contribution in the proposed agreement and the calculation of figures separating facilities and programs. Alderperson Sams asked for clarification regarding the part- time Program Coordinator position. Further discussion followed regarding the make-up of the Executive Committee and the City’s representation. After several amendments to the language in the draft agreement, Common Council gave conceptual approval with the understanding that the final language would be reviewed and approved by Council at the September 6, 2000 Common Council meeting. August 10, 2000 4 Mayor Cohen commended Alderperson Spielholz and staff for all their work on this proposal and with the partnership. Resolution: By Alderperson Spielholz: Seconded by Alderperson Blumenthal WHEREAS, Common Council has reviewed the draft Recreation Partnership proposal and has suggested amended language; now, therefore, be it RESOLVED, That Common Council approves, in concept, the draft Recreation Partnership proposal with the amended language, and encourages the City representatives to complete the negotiations of the agreement. Carried Unanimously Adoption of Southwest Area Design Guidelines Mayor Cohen announced that this item was withdrawn from the agenda as the Conservation Advisory Council has submitted comments that staff has not had adequate time to review. This item will be considered at the August 24, 2000 Special Common Council meeting. ADJOURNMENT: On a motion the meeting was adjourned at 9:00 p.m. Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor