HomeMy WebLinkAboutMN-CC-2009-09-23
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:00 p.m. September 23, 2009
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Asst. Supt. of Water & Sewer – Whitney
Deputy Fire Chief – Parsons
Board of Public Works Commissioners – Tripp, Brock, Wykstra
EXCUSED:
Alderpersons (2): Coles, Korherr
*Note: Alderperson Robin Korherr submitted her official letter of resignation on
September 23, 2009 to become effective September 30, 2009.
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
2.1 Bolton Point --Re-cap of their meeting offering City of Ithaca Membership
Mr. Michael Newman, Village of Lansing / Chair of the Southern Cayuga Lake
Intermunicipal Water Commission (SCLIWC) and Mr. Don Hartill, Mayor of the Village of
Lansing/SCLIWC member, joined Common Council to discuss the Commission’s
meeting of September 3, 2009 at which they voted (6-4) to invite the City of Ithaca to
join the Commission as a member, subject to negotiating mutually agreeable terms and
conditions of membership. Mr. Newman clarified that “member” is the appropriate term
that should be used, not “partner”.
Discussion followed on the floor with Mr. Newman and Mr. Hartill explaining that the
Commission is a water provider, not a political entity. The Commission was created in
1974 and since then, the original five members have purchased approximately $35
million worth of equipment. Any terms and conditions negotiated between the SCLIWC
and the City would have to be approved by all member municipal boards.
Mr. Newman and Mr. Hartill answered questions from Council members regarding
system redundancy, water storage capacity, water source vulnerabilities to
contaminants, and potential terms and conditions of SCLIWC membership. Mayor
Peterson stated that she would prefer that negotiations be completed by the end of the
year as the Safe Drinking Water Regulatory deadline is 2012-2013.
2.2 Statement of Findings for the Water Plant Decision --Discussion
Review of SEQR requirements
Mr. Rick Gell and Mr. Steve Eckler, O’Brien & Gere Engineers, Inc. joined the
discussion along with Superintendent of Public Works Gray and Planning &
Development Director Cornish.
Mr. Eckler provided an overview of the role of Common Council in the Findings
Statement, noting that the City is an Involved Agency in the Water Supply Project. The
Board of Public Works had Lead Agency status, and as such has completed their
Statement of Findings. Other Involved Agencies need to adopt Findings Statements as
well. The Final Environmental Impact Statement becomes the record. Common
September 23, 2009
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Council can adopt the Board of Public Works Findings, or adopt a Statement of Findings
of their own.
City Attorney Hoffman further explained that the Statement of Findings certifies that
Common Council understands what the adverse impacts of their decision are, what the
mitigating measures are, and that they have chosen mitigating measures that will
address the adverse impacts.
Alderperson Zumoff commented that Common Council won’t be able to decide upon
every italicized recommendation as some are dependent upon construction which
hasn’t occurred yet.
Alderperson Rosario questioned whether the Findings Statement had been circulated to
the Conservation Advisory Council and the Natural Areas Commission for review.
Mayor Peterson responded that the Findings have been circulated; however, no official
comments have been received. The Natural Areas Commission is in the process of
sending a letter to Council regarding the protection of the Natural Area. In addition, the
Local Action Plan Committee will be forwarding a recommendation regarding the
mitigation of greenhouse gas emissions. The Planning Board unanimously supported
the Rebuild Option.
Discussion followed on the floor regarding the “Potential Impacts and Mitigations Table”
found in the Board of Public Works Statement of Findings. Alderperson Cogan noted
that he would like to minimize the amount of work needed to create a Findings
Statement; however, he is supportive of strengthening mitigations as appropriate. City
Attorney Hoffman noted that Common Council’s obligation under SEQR is to review the
adverse impacts of the project and figure out how to mitigate them. As Common
Council is the approver / funder of the project, they can implement mitigations and
stipulate conditions on other bodies.
Alderperson Dotson stated that her preference is to add an addendum to the Board of
Public Works’ Findings Statement as she wouldn’t want to re-do the work that has
already been completed. She suggested that a general statement be drafted that
indicates support for the implementation of the italicized recommendations.
Discussion followed on the floor regarding the topics listed in the table, and who would
be making day-to-day operational decisions regarding design and construction of the
water plant. Alderpersons Rosario, Schuler, Tomlan, and Myrick voiced their support
for Alderperson Dotson’s suggested approach.
City Attorney Hoffman noted that the chart does not have to include both options.
Common Council can make a decision and only attach the Findings to support that
decision. Mr. Eckler cautioned Council against making a decision before adopting a
Findings Statement. City Attorney Hoffman clarified that the Findings Statement should
provide a rationale for the decision that is being made.
Upon further discussion it was agreed that Alderpersons Tomlan and Dotson would
draft the Findings Statement and decision resolutions with Planning & Development
Director Cornish providing assistance if needed. Mayor Peterson and City Attorney
Hoffman will review the draft legislation prior to it being submitted for the September 30,
2009 Committee of the Whole meeting agenda.
Mayor Peterson stated that she is considering creating a Client Committee to work with
the Board of Public Works on the design and construction of the rebuild option, should
Common Council make that decision.
ADJOURNMENT
On a motion the meeting adjourned at 9:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor