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HomeMy WebLinkAboutMN-CC-2009-09-30COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:30 p.m. September 30, 2009 PRESENT: Mayor Peterson Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan *Alderperson Robin Korherr’s resignation became effective September 30, 2009. OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman Superintendent of Public Works – Gray Asst. Supt. of Water & Sewer – Whitney Board of Public Works Commissioners: Schlather, Brock PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: Town of Ithaca Supervisor Herb Engman joined the discussion to address impressions that may have been left with Council members regarding discussions held during recent meetings of the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point). He explained that Bolton Point voted to welcome the City of Ithaca as a member of the Commission; however, the terms and conditions of membership are a matter of negotiation. Supervisor Engman clarified that the terms “member” and “partner” have the same meaning. He further noted that the potential cost savings associated with the purchase option would ensure positive negotiations, and suggested that a time frame be set to conduct those discussions. Supervisor Engman reaffirmed that the existing positive relationship that both water suppliers currently enjoy would continue no matter what decision is made by the City. Discussion followed on the floor with Council members asking for clarification of comments made by particular members of the Water Commission. Alderperson Clairborne requested a clarification of the cost savings mentioned. Supervisor Engman responded that each party would realize approximately $500,000 in savings if the City chose the Purchase Option. Alderperson Myrick arrived at the meeting at 6:00 p.m. 2.1 Discussion of Resolution Language for Adoption of Findings Statement Regarding Water Supply Alderperson Tomlan distributed the following resolution for discussion: Water Supply – Involved Lead Agency Findings – Resolution Regarding Acceptance of Lead Agency Findings for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant WHEREAS, the current water source for the City of Ithaca’s water distribution system relies upon the Six Mile Creek watershed and the filtration plant, built in 1903, located on Water Street in the City of Ithaca, and WHEREAS, due to the age of the filtration plant and impending changes in water quality standards, significant upgrades to the plant will be required in the near future, including replacement of the filtration plant, dredging of the upper reservoir and modifications to the intake system, settling lagoons and access routes to the raw water reservoir and pipeline, and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) operates a facility on East Shore Drive which provides drinking water to all or part of five municipalities, using Cayuga Lake as its water source and the SCLIWC and the City of Ithaca have executed a Memorandum of Understanding that indicates the willingness of September 30, 2009 2 the SCLIWC to expand its facility to provide water to the City, which includes decommissioning the existing system, purchasing finished water from the SCLIWC, which arrangement would require expansion of the SCLIWC facility and construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing City distribution system, and WHEREAS, the choice between these two options involves broad policy concerns with far reaching implications involving drinking water quality, financial, planning, environmental, land use, energy use, intermunicipal cooperation, and neighborhood quality issues, as well as issues of governance related to pricing, treatment and supply of potable water, and is likely to determine a course of action for the next 50 to 100 years or more, and WHEREAS, both options are Type I Actions subject to environmental review under the provisions of the City Environmental Quality Review Act (CEQRA) Chapter 176 of the City of Ithaca Code as determined in §176-4 B. (1)(h) Any unlisted action (with the exception of minor subdivisions) occurring wholly or partially within 100 feet of any of the following: [2] …Six Mile Creek (including its associated gorge and rim area between the southern boundary of the City and Aurora Street)…and [3] Unique natural areas as adopted by Common Council; and §176-4 B.(2), Clear-cutting or removal of vegetation from more than ½ acre; and §176-4 B.(5) Any project or action which exceeds 25% of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space …and both options are Type I Actions under the NYSDEC Regulations Part 617, State Environmental Quality Review, (SEQRA) §617.4 (b)(11) any Unlisted action that exceeds a Type I threshold established by an involved agency pursuant to section 617.14 of this part, and WHEREAS, on January 17, 2007, the City of Ithaca Board of Public Works declared its intent to undertake the environmental review of actions resulting from the upgrade or replacement of the City’s current water supply and to act as lead agent for that review, and WHEREAS, as provided for under the State Environmental Quality Review Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRO), the City of Ithaca Board of Public Works as Lead Agency undertook the environmental review of two options under consideration by the City of Ithaca to address its future water supply needs, being the Rebuild (or Replacement) Option and the Purchase Option, and WHEREAS, said environmental review proceeded as recounted in the Board of Public Works resolution “Water Supply – Lead Agency Findings, “carried unanimously at that board’s July 8, 2009 meeting (with Mayor Carolyn Peterson absent from the vote), and WHEREAS, in the above-cited resolution the Board accepted the Findings Statement, dated July 8, 2009, for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water commission or Replacement of the city’s Existing Water Treatment Plant, with respect to its scope, content and adequacy, and WHEREAS, the City of Ithaca Common Council, as the body responsible for funding a capital project to address such needs, is an Involved agency with regard to this environmental review, and WHEREAS, the City of Ithaca Board of Public Works directed the Superintendent of Public Works, or his designee, to provide the required notice of the Board’s intention to act as lead agency to all other involved agencies, including the City of Ithaca Common Council, the City of Ithaca Planning and Development Board, the Tompkins County Department of Health, the Southern Cayuga Lake Intermunicipal Water Commission, the New York State Bureau of Water Supply Protection, the New York State Department of Environmental Conservation, the New York State Department of Transportation, the Town of Ithaca, and the Village of Lansing, and WHEREAS, the involved agencies consented or did not reply within the designated 30- day time frame as specified under the City of Ithaca Code §176-6 C. (1) Coordinated September 30, 2009 3 review, that the City of Ithaca Board of Public Works be designated lead agency for the environmental review for the project to upgrade or replace the city’s water supply system, including Common Council’s specific consent by resolution dated February 7, 2007, and WHEREAS, on March 14, 2007, the Board of Public Works, in a vote of 6 in favor, 0 against, declared itself to act as lead agency for the environmental review of actions resulting from the upgrade or replacement of the City of Ithaca’s current water supply, and WHEREAS, on March 28, 2007 the Board of Public Works held a special meeting to review the Full Environmental Assessment Forms Parts I, II, and III, developed by staff, for the two water supply options being considered, and this was the sole item discussed at the regular meeting of the Board of Public Works on April 4, 2007, and WHEREAS, on April 11, 2007, the City of Ithaca Board of Public Works, as lead agency, made a positive Declaration of Environmental Significance directing the consulting firm of O’Brien and Gere, to prepare a Draft Environmental Impact Statement (dEIS) to evaluate potential impacts of the proposed upgrade or replacement of the City’s current water supply, and WHEREAS, on July 26, 2007, the City of Ithaca Board of Public Works held both an Agency Scoping Session and a Public Scoping Session to identify issues to be analyzed in the Environmental Impact Statement and, WHEREAS, on October 3, 2007, the City of Ithaca Board of Public Works adopted a final scoping document, and WHEREAS, on July 15, 2008, O’Brien and Gere submitted a dEIS to the City of Ithaca Board of Public Works, which has examined possible environmental impacts, and WHEREAS, the City of Ithaca Board of Public Works, as Lead Agency for the purpose of environmental review, reviewed the dEIS for completeness and adequacy for the purpose of public review and comment, and has with the assistance of City Staff and the City’s consultants, O’Brien and Gere, found the dEIS to be satisfactory with respect to its scope, content, and adequacy, and WHEREAS, on September 17, 2008, the City of Ithaca Board of Public Works, as Lead Agency for the purpose of environmental review, approved the filing of a Notice of Completion/Notice of Hearing for the dEIS, after finding that the dEIS for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant was satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review, and WHEREAS, the Notice of Completion/Notice of Hearing was filed in accordance with 6 NYCRR 617.12 and the dEIS made available at public repositories including City Hall, several libraries, municipal offices within the project area, and on the City’s website, and WHEREAS, public and agency comments on the dEIS were accepted by the Board of Public Works between September 17, 2008 and December 5, 2008, and WHEREAS, the Board of Public Works advertised and held two public hearing sessions on October 22, 2008 and November 19, 2008 to record oral public and agency comments on the dEIS, and WHEREAS, prior to and including May 20, 2009, O’Brien and Gere submitted a proposed fEIS to the City of Ithaca Board of Public Works, which incorporated the dEIS by reference and included responses to substantive oral and written agency and public comments (Responsiveness Summary) received during the comment period, and that together these documents comprise the fEIS, and WHEREAS, City of Ithaca Board of Public Works, as Lead Agency for the purpose of environmental review, reviewed the fEIS for completeness and adequacy for the September 30, 2009 4 purpose of public review and comment, and has with the assistance of City Staff and the City’s consultants, O’Brien and Gere, found the fEIS to be satisfactory with respect to its scope, content, and adequacy, and WHEREAS, on May 27, 2009, the City of Ithaca Board of Public Works, as Lead Agency for the purpose of environmental review, approved the filing of a Notice of Completion for the fEIS, after finding that the fEIS for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant was satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review, and WHEREAS, the Notice of Completion of the fEIS was filed and distributed in accordance with 6 NYCRR 617.12 and the fEIS made available at public repositories including City Hall, several libraries, municipal offices within the project area, and on the City’s website, and WHEREAS, public notices identifying the City of Ithaca Board of Public Work’s acceptance of the fEIS and availability of the fEIS for review were published in the Environmental Notice Bulletin and Ithaca Journal on June 17, 2009, and WHEREAS, on June 17, 2009, O’Brien and Gere prepared and submitted a draft Findings Statement in accordance with 6 NYCRR 617.11 for review by the Board of Public Works, as Lead Agency, prior to its decision on a recommendation regarding the water source choice (which decision may not occur less than 10 days following the filing of the afore-mentioned Notice of Completion), and WHEREAS, the Findings Statement is required to consider the relevant environmental impacts, facts and conclusions disclosed in the fEIS; weigh and balance relevant environmental impacts with socio-economic and other considerations; provide a rationale for the Lead Agency’s findings; certify that the requirements of SEQRA/CEQRO have been met; and certify that consistent with socio-economic and other considerations from among the reasonable alternatives available, the actions avoid or minimize adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the findings those mitigative measures that were identified as practicable, and WHEREAS, between June 17, 2009 and July 8, 2009, the City of Ithaca Board of Public Works reviewed and revised the draft Findings Statement with respect to its scope, content, and adequacy, and WHEREAS, the City of Ithaca Common Council, as an Involved Agency, has reviewed said Findings Statement, and in addition to its general concurrence, strongly urges that the Board of Public Works and other agencies involved with implementing a decision, to take all possible actions as if the identified “Recommendations” in the Findings Statement had been identified as Mitigation measures, and WHEREAS, 10 days have passed since the filing of the fEIS Notice of Completion, fEIS, and legal notices, now therefore be it RESOLVED, That the City of Ithaca Common Council Board of Public Works, as an Involved Lead Agency, hereby accepts the Findings Statement, dated July 8, 2009, for the Evaluation of the City of Ithaca Drinking Water Upgrade Options Including: Purchase Option from the Southern Cayuga Lake Intermunicipal Water Commission or Replacement of the City’s Existing Water Treatment Plant, with respect to its scope, content, and adequacy, and be it further RESOLVED, That the City of Ithaca Common Council Board of Public Works hereby concurs with the Board of Public Works’ requests that the Mayor direct City staff and/or consultants to take those steps, including filing and distributing the Lead Agency’s Findings Statement as required under 6 NYCRR Part 617.12 as may be necessary or appropriate to complete the environmental review process. September 30, 2009 5 Extensive discussion followed regarding the Involved Agency Findings for the proposed water supply. Mayor Peterson noted that as an Involved Agency, Common Council needs to adopt a Findings Statement. City Attorney Hoffman clarified that as Common Council is the entity that is making the water supply decision, they should define the action that they are approving. SEQR requires that any negative environmental impacts be mitigated to the maximum extent practicable with conditions that are attached to the proposed action, so Common Council needs to be clear on what the conditions are. Note: the Statement of Findings adopted by the Board of Public Works included recommendations made in italics with the explanation that “Recommended mitigation measures (italicized) may require approval by a body other than the City of Ithaca Board of Public Works. Recommendations are not considered mitigation to be implemented until they are authorized by permit and/or approval by the reviewing agency with the authority to approve implementation.” Discussion followed on the floor regarding the options of either removing the italics from the recommendations listed in the Findings Statement thereby making them all mitigation measures, or reviewing each recommendation individually and making a decision on their disposition. Alderperson Schuler voiced concern regarding turning the recommendations into mitigation measures before Council understands all of the details of the project. She further stated that she felt the Board of Public Works did “due diligence” in the development of the Findings Statement and that Common Council should move on to the actual water source decision. Alderperson Zumoff noted that he is happy with making the water source decision but leaving the details of the project to the Board of Public Works. Alderperson Coles noted that she agrees that the Findings Statement adopted by the Board of Public Works is sufficient and that it is time to move forward with the water source decision. Alderperson Tomlan suggested that the language in the 13th Whereas clause be amended to read as follows: WHEREAS, the City of Ithaca Common Council, as an Involved Agency, has reviewed said Findings Statement, and in addition to its general concurrence, strongly urges that the Board of Public Works and other agencies involved with implementing a decision, inform their respective actions consistent with the recommendations as well as the mitigations in the Findings Statement” Alderpersons Rosario and Clairborne questioned what would happen if the italicized recommendations became mitigation measures, but some of the items were too expensive to complete as part of the water plant construction project. Mayor Peterson noted that sometimes projects are stopped until corrective actions can take place. She further noted that many of the recommendations are very general and do not specify exact actions to be taken. Furthermore, many of these recommendations comply with policies that are already in effect within the City. City Attorney Hoffman responded that the City needs to act in good faith and with a rational basis at all times. If Common Council can say in good faith that they intend to implement these mitigative measures and find out at a later date that the costs of implementing these measures are prohibitive and/or funding is not available to implement them, Common Council would have a rational basis on which to base another decision or to change the project. Alderperson Rosario stated that he would support removing the italics from the recommendations and going forward with the strongest Findings Statement possible. Alderpersons Dotson, Cogan and Myrick also voiced their support for removing the italics from the recommendations. Board of Public Works Commissioner Schlather stated that if Common Council changed the italicized recommendations into mitigation measures, they become binding. He voiced his concern that Common Council could be creating constraints that cannot be imagined at this stage of the project, and noted that the City may not be able to defend actions taken if Common Council chose to change the mitigation measures at a later date. September 30, 2009 6 2.2 Discussion of Resolution Language for the Water Source Decision (including aspects such as System Governance, Economics, System Reliability, Water Quality, Implementability Alderperson Dotson distributed the following resolution for discussion and noted that other Council members assisted her with it: Water Supply – Adoption of the Rebuild Option to Address the City of Ithaca’s Future Water Supply Needs – Resolution WHEREAS, the current water source for the City of Ithaca's water treatment and distribution system relies upon the Six Mile Creek watershed and the filtration plant built in 1903, located on Water Street in the City of Ithaca, and WHEREAS, due to the age of the filtration plant and impending changes in water quality standards, significant upgrades to the system are required, and WHEREAS, City staff and consultants retained by the City to study this issue have proposed an upgraded system capable of meeting new water quality standards, the components of which system (including replacement of the filtration plant, dredging of the upper reservoir, and modifications to the intake system, settling lagoons and access routes to the raw water reservoir and pipeline) are described in the Environmental Impact Statement for this action and which system is identified as the “rebuild option, and WHEREAS, an alternative to such upgrades is the purchase of finished water from the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) that has been drawn from Cayuga Lake at Bolton Point in the Town of Lansing, which arrangement would require the decommissioning of the existing City system, expansion of the SCLIWC's treatment facility and construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing city distribution system (identified as the "purchase option"), and WHEREAS, in a series of joint meetings of the Common Council and the Board of Public Works during Summer 2007, in meetings of the Community and Organizational Issues Committee during 2008, and in various special meetings (including as a Committee of the Whole) during 2009, the Common Council gathered information and carefully analyzed both the rebuild option and the purchase option in terms of the needs of the City, including the impact on the environment, the relevant issues of control and governance, the capital and operational costs, the quality and sufficiency of its water supply, the safety of its citizenry, and other factors, and WHEREAS, in terms of the impacts on the environment, certain mitigation measures and other related recommendations for both options were identified in the Environmental Impact Statement (EIS) prepared in connection with this decision and were set forth in the findings adopted by the Board of Public Works as lead agency, and WHEREAS, in its findings, Common Council determined that all of these mitigation measures and other recommendations, if made into conditions of the rebuild option would minimize or avoid adverse environmental effects to the maximum extent practicable, and WHEREAS, largely because of the opportunity for gravity flow of raw water, the rebuild option is more energy efficient than the purchase option, and even taking into account the larger environmental impacts of chemical use and dredging for capacity under the rebuild option vs. The purchase option, the overall analysis in the EIS indicates that the carbon footprint of the rebuild option is smaller than that of the purchase option, and WHEREAS, the design and construction of a new water plant provides the City with a unique opportunity to incorporate hydropower facilities into its operations, thereby helping to reduce the City’s carbon footprint, and WHEREAS, in terms of control and governance, the rebuild option provides the City of Ithaca with a greater ability to determine operating policies and future capital improvements, possibly incorporating innovations in technology and design, than does September 30, 2009 7 the purchase option, while not precluding opportunities for cooperation with other local/regional producers of finished water, and WHEREAS, in terms of costs, bother options appear to be cost effective, with the rebuild option projected to require a similar water rate as the purchase option; further, the costs for the operation and maintenance of the Six Mile Creek reservoir area, including the dams and other infrastructure, will continue to be paid by water system consumers under the rebuild option, but would likely have to be funded through other means under the purchase option, and WHEREAS, in terms of public safety, the rebuild option – together with the SCLIWC water system and the Cornell University water system – provides a level of redundancy community-wide that already has proven mutually beneficial; further, the rebuild option’s gravity-fed supply of water could ensure that there is water available for fire protection, even in the face of a large scale regional loss of electricity, and accordingly is supported by the Ithaca City Fire Department; finally, the water system facilities located within the watershed reservoir area, including access roads and trails, provide emergency access for rescue operations and related activities, again as noted and endorsed by the Ithaca City Fire Department, and WHEREAS, in terms of water quality the rebuild option will produce finished water that meets existing water quality requirements and can meet future anticipated water quality requirements and regulations; further, the raw water is drawn from a source that is located high in the watershed and is protected from nearby residential, agricultural, commercial and recreational uses and development, thereby reducing its vulnerability to potential contamination from such sources, including emerging contaminants; WHEREAS, in the interest of water quality, the City has, since the construction of the present water treatment plant and its supporting/concomitant infrastructure (dams, reservoirs and raw water main), invested effort and resources to protect the Six Mile Creek Watershed, from the planting of tens of thousands of trees during the 1920s and in 1930, to the purchase of land, including land outside its municipal/corporation boundaries, [when], and WHEREAS, the Town Board of the Town of Caroline has, by resolution passed unanimously at a meeting held February 12, 2008, expressed its support for the City’s continued use of Six Mile Creek as its water source, while noting the measures that the Town has taken and is planning to take to control erosion along the creek through the Barrile stream restoration project, hence decreasing the amount of sediment flowing downstream toward the City of Ithaca’s reservoir, and WHEREAS, the City benefits from the stream monitoring efforts of various individuals and groups, including volunteers under the aegis of the Community Science Institute, and WHEREAS, in terms of implementability both options present comparable challenges, however the proposed water main necessary for the purchase option requires easements or rights-of-way yet to be secured through private property, while the rebuild option would be built completely on city-owned land, and WHEREAS, in terms of implementability, the rebuild option requires no additional real property purchases or easements, in contrast with the purchase option, which requires such on six private properties with the construction of the West Shore transmission main, and WHEREAS, ….[ related to implementability, including willingness of Bolton Point and Cornell to provide water as their systems allow, during construction of a rebuilt City water treatment plant….to be added by MT], and WHEREAS, pursuant to Article V of the Ithaca City Charter, the Board of Public Works has responsibility for the improvement of the City's water system, and related actions incidental thereto (Sections C-65 and C-79), and the establishment of water rates and other charges to pay for the same (Sections C-66 and C-79), has control of the Water Department, its property and of the appropriations made therefore, subject to the “direction and review” of the Common Council (Section C-61), and September 30, 2009 8 WHEREAS, the Board of Public Works expressed their unanimous view (exclusive of the Chair, Mayor Peterson, who was absent from the vote) that the rebuild option, when implemented with the mitigations outlined in their Findings, effectively minimizes or avoids adverse environmental effects to the extent practicable, and adopted the rebuild option as their choice in this matter, and WHEREAS, the City’s Planning and Development Board, in a resolution approved unanimously on September 10, 2009, recommended the rebuild option, and “join[ed] with the Board of Public Works in urging Common Council to appropriate funds for the design and implementation of rebuilding the water supply plant located on Water Street in the City of Ithaca,” and WHEREAS, the Local Action Plan adopted by the Common Council in 2006 calls for a 20% reduction in greenhouse gas emissions below 2001 levels by 2016, and the Local Action Plan committee (LAPC) has noted that either choice will produce significantly more greenhouse gas emissions than current operations, which works against the City’s goals stated in the Local Action Plan, and noted that the rebuild option (depending on how dredging activities are included) is expected to create fewer greenhouse gas emissions, and further has recommended certain mitigations to bring to emissions down, including purchase of renewable electricity, design choices to minimize electricity needs and other emitting activities, and offset of increased emissions by lowered emissions from other City operations or by purchase of external offsets, and WHEREAS, the Natural Areas Commission has noted impacts of this choice, particularly in the Six Mile Creek Natural Area, [document citation]; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby adopts the rebuild option to replace the City’s water filtration plant on Water Street and to improve its water system, including related improvements to the Six Mile Creek water source and intake system, conditioned on the implementation of the mitigation measures identified in the Common Council’s findings statement, and, be it further RESOLVED, That the Common Council directs the Board of Public Works, chaired by the Mayor of the City of Ithaca, to take actions necessary to implement this decision, and, be it further RESOLVED, That the Common Council directs the implementation of this decision to include exploration and consideration of the potential for the establishment of an energy efficient hydropower facility to reduce the City’s carbon footprint through the production of renewable electricity to offset the City’s electricity use. Alderperson Dotson noted that some of the language included in the Resolution has not been completely vetted by Common Council and she asked Council members to contact her with their opinions on these issues. Due to the lack of time for further consideration, the findings statement and decision resolutions will be submitted for the October 7, 2009 Common Council meeting agenda. ADJOURNMENT: On a motion the meeting adjourned at 7:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor