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HomeMy WebLinkAboutMN-CC-2009-10-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. October 7, 2009 PRESENT: Mayor Peterson Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Asst. Supt. of Water & Sewer - Whitney Human Resources Director – Michell-Nunn Acting Fire Chief – Dorman Deputy Fire Chief - Parsons Police Chief – Vallely Board of Public Works Commissioners: Jenkins, Wykstra, Tripp Deborah Mohlenhoff – Nominee to fill 5th Ward Council Member vacancy. Note: 5th Ward Alderperson Robin Korherr submitted her resignation effective September 30, 2009. PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Coles requested that the water source decision legislation be moved up on the agenda. PROCLAMATIONS/AWARDS: 3.1 Recognition of Former Board of Fire Commissioners – Romanowski and Alexander Mr. William Gilligan and Mr. Thomas Hoard, Board of Fire Commissioners, joined Acting Fire Chief Dorman and Deputy Fire Chief Parsons in presenting the following awards: Paul Alexander - In recognition and appreciation of more than fifteen years of dedicated and outstanding service to the Ithaca Fire Department and the Community it serves. Robert Romanowski -In recognition and appreciation of more than fifty years of dedicated and outstanding service to the Ithaca Fire Department and the community it serves on his retirement as a Volunteer Fire Fighter, Fire Commissioner, and Chairman of the Ithaca Board of Fire Commissioners. 3.2 Into the Streets Day Mayor Peterson proclaimed October 31, 2009 as Into the Streets Day in the City of Ithaca. SPECIAL ORDER OF BUSINESS: 4.1 Appointment of Fifth Ward Alderperson Opening of Nominations Alderperson Cogan nominated Deborah Mohlenhoff for the position of Fifth Ward Alderperson. As no further nominations were made, Alderperson Schuler moved to close the nominations. Alderperson Cogan stated that Ms. Mohlenhoff is intelligent, organized and articulate. She has a Master’s Degree in Public Administration, and extensive experience working on local and national boards of directors. Her work at Ithaca College focuses on community October 7, 2009 2 service and leadership development, and lends itself well to this next step in public service. 4.1 Nomination and Resolution for Appointment to Fill the Fifth Ward Vacancy By Alderperson Cogan: Seconded by Alderperson Coles WHEREAS, the resignation of Robin Korherr, effective September 30, 2009, left a Fifth Ward seat vacant on Common Council, and WHEREAS, the Charter of the City of Ithaca provides that, “if a vacancy shall happen in any elective office other than Mayor, then Common Council shall fill the same by appointment”, and WHEREAS, the Fifth Ward Democratic Committee has recommended that Deborah Mohlenhoff be appointed to fill said vacancy, through December 31, 2009, and WHEREAS, Deborah Mohlenhoff is the only candidate for the 2010-2013 term on Common Council (previously held by Robin Korherr), now therefore be it RESOLVED, That Common Council, pursuant to Section C-100 of the Charter of the City of Ithaca, hereby appoints Deborah Mohlenhoff to serve as Common Council representative of the Fifth Ward through December 31, 2009. Alderpersons Coles, Tomlan, and Zumoff shared their positive experiences of working with Ms. Mohlenhoff as a trainer, a member of the Comprehensive Plan Committee, and as a graduate of Leadership Tompkins. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) Mayor Peterson administered the oath of office and presented Alderperson Mohlenhoff with her badge. Alderperson Mohlenhoff took her seat with Common Council. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation by Carol Kammen – Tompkins County: Images of Work and Play Tompkins County Historian Carol Kammen presented a new book produced by the local municipal historians “Tompkins County: Images of Work and Play”. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Molly DeVoe, City of Ithaca, reported that a $20,000 grant has been awarded for the Skate Park, making a total of $120,000 of community funds raised for improvements to the park. The City will make a matching fund contribution in the amount of $100,000. At this time the Request for Proposals/Qualifications is being prepared. Joel Harlan, Town of Newfield, addressed Common Council about the Markles Flats building. Fay Gougakis, City of Ithaca, stated that she supports the Rebuild Option for the Water Plant. She further addressed the New York State text messaging while driving law, tinted automobile windows, and bicycle related issues. She requested a public hearing with law enforcement officials to further discuss these issues. Guy Gerard, City of Ithaca, addressed Council to discuss the water source decision. He shared the history of the conveyance of the Six Mile Creek land, and requested that a Council committee be appointed to provide oversight of the project. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Zumoff thanked the speakers, and clarified that the Markles Flats building is owned by the Ithaca City School District and the decision to preserve it was made by the Ithaca Landmarks Preservation Commission (ILPC), not Common Council. He explained that the ILPC is an independent body with decision making authority, and concerns about their decision should be addressed to them. October 7, 2009 3 Alderperson Zumoff further stated that he does not support the idea of the creation of a Water Plant Client Committee as this is a complicated project with a construction deadline set by Federal laws. Alderperson Tomlan addressed comments made about the Markles Flats building and noted that many groups/individuals have been thinking hard about how to save and renovate the building that would not involve the use of taxpayer dollars. Alderperson Tomlan further noted that she appreciates the historic material presented by Mr. Gerard regarding the property deed, and clarified that the deed includes language regarding the existence of the City’s Water Plant. Alderperson Schuler reported on the re-dedication of the memorials in DeWitt Park. She noted that the Mayor read a Proclamation thanking Holly Hollingsworth for his hard work and dedication to the project. INDIVIDUAL MEMBER-FILED RESOLUTIONS 15.3 Water Supply - Involved Agency Findings – Resolution Regarding Adoption of Lead Agency’s Findings for the Evaluation of the two Options under Consideration by the City of Ithaca to address its future Water Supply needs, being the Rebuild Option and the Purchase Option By Alderperson Tomlan: Seconded by Alderperson Coles 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, the choice between these two options involves broad policy concerns with far reaching implications involving drinking water quality and financial, planning, environmental, land use, energy use, public safety, 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 Ordinance (CEQRO) and the State Environmental Quality Review Act (SEQRA), and WHEREAS, as provided for under CEQRO and SEQRA, the City of Ithaca Board of Public Works, acting as Lead Agency, undertook the environmental review of the two options, including preparation of a draft and final Environmental Impact Statement (EIS), and October 7, 2009 4 WHEREAS, said environmental review proceeded as recounted in the Board of Public Works resolution, “Water Supply – Lead Agency Findings,” which resolution was approved unanimously at the Board’s July 8, 2009 meeting (with Mayor Carolyn Peterson absent from the vote), and WHEREAS, the City of Ithaca Common Council, as the body responsible for selecting a water source option and funding a capital project for such option, is an Involved Agency with regard to the environmental review of the action in question, and is required by law to adopt its own findings prior to making its decision, and WHEREAS, the Common Council, as an Involved Agency, has reviewed the Findings Statement adopted by the Board of Public Works, dated July 8, 2009, with respect to the environmental and socioeconomic impacts associated with the two options; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, as an Involved Agency, for the evaluation of the two options under consideration by the City to address its future water supply needs, being the Rebuild Option, i.e., the upgrade of certain elements of the City’s existing water supply system, and the Purchase Option, i.e., the purchase of finished (treated) drinking water from the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, and be it further (OPTION 1) RESOLVED, That, in addition to its general concurrence with respect to the scope, content, and adequacy of said findings statement, the City of Ithaca Common Council strongly urges that the Board of Public Works and other agencies involved with implementing a decision take all possible actions as if the recommendations in the findings statement had been identified as mitigation measures, and be it further (OPTION 2) RESOLVED, That the City of Ithaca Common Council, as an Involved Agency, hereby adopts as its own Findings (and incorporates by reference herein) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, with the following modifications: In Table 1 appended to the Board’s Findings Statement (“Potential impacts and mitigation”): (1) the heading of the right-hand column shall be “Mitigation” (rather than “Mitigation/Recommendation”), (2) the italicization of certain items in that column shall be eliminated, (3) in footnote #6 in Table 1, references to “recommendation(s)” shall be deleted, (4) footnote #7 in Table 1 shall be deleted in its entirety, and (5) references in Table 1 to “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (on pp. 5 and 11), shall state: “as adopted or subsequently amended by the Board of Public Works” (rather than “DRAFT”); RESOLVED, That, in adopting these Findings, the Common Council finds and certifies that the requirements of CEQRO/SEQRA have been met, and that, consistent with socio-economic and other considerations from among the reasonable alternatives available, the selection and approval of either option and associated mitigative measures will 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 of its approval of the selected option those mitigative measures that were identified in the Environmental Impact Statement as practicable (and which are summarized in Table 1 of the Findings), and be it further October 7, 2009 5 RESOLVED, That the City of Ithaca Common Council hereby requests that the Mayor direct City staff and/or consultants to take those steps, including filing and distributing Council’s Findings Statement as required under 6 NYCRR Part 617.12 and as may be necessary or appropriate to complete the environmental review process. Amending Resolution By Alderperson Tomlan: Seconded by Alderperson Coles RESOLVED, That the Resolution be amended to read as follows: “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 “rRebuild oOption,” and WHEREAS, an alternative to such upgrades is the purchase of finished (treated) 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, the and construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing city distribution system, and the decommissioning of the existing City system, which alternative is (identified as the "pPurchase oOption"), and WHEREAS, the choice between these two options involves broad policy concerns with far reaching implications involving drinking water quality and financial, planning, environmental, land use, energy use, public safety, 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 Ordinance (CEQRO) and the State Environmental Quality Review Act (SEQRA), and WHEREAS, as provided for under CEQRO and SEQRA, the City of Ithaca Board of Public Works, acting as Lead Agency, undertook the environmental review of the two options, including preparation of a draft and final Environmental Impact Statement (EIS), and WHEREAS, said environmental review proceeded as recounted in the Board of Public Works resolution, “Water Supply – Lead Agency Findings,” which resolution was approved unanimously at the Board’s July 8, 2009 meeting (with Mayor Carolyn Peterson absent from the vote), and WHEREAS, the City of Ithaca Common Council, as the body responsible for selecting a water source option and funding a capital project for such option, is an Involved Agency with regard to the environmental review of the action in question, and is required by law to adopt its own findings prior to making its decision, and WHEREAS, the Common Council, as an Involved Agency, has reviewed the Findings Statement adopted by the Board of Public Works, dated July 8, 2009, with respect to the environmental and socioeconomic impacts associated with the two options; now, therefore, be it October 7, 2009 6 RESOLVED, That the City of Ithaca Common Council, as an Involved Agency for the evaluation of the two options under consideration by the City to address its future water supply needs, being the Rebuild Option, i.e., the upgrade of certain elements of the City’s existing water supply system, and the Purchase Option, i.e., the purchase of finished (treated) drinking water from the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), hereby adopts as its own Findings (and incorporates by reference herein) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, and be it further (Option 1) RESOLVED, That, in addition to its general concurrence with respect to the scope, content, and adequacy of said Board of Public Works fFindings sStatement, the City of Ithaca Common Council strongly urges that, wherever possible, said the Board of Public Works and other agencies involved with implementing the City’s water supply a decision take all possible actions as if the recommendations in the fFindings sStatement had been identified as mMitigation measures, and be it further (OPTION 2) RESOLVED, That the City of Ithaca Common Council, as an Involved Agency, hereby adopts as its own Findings (and incorporates by reference herein) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, with the following modifications: In Table 1 appended to the Board’s Findings Statement (“Potential impacts and mitigation”): (1) the heading of the right-hand column shall be “Mitigation” (rather than “Mitigation/Recommendation”), (2) the italicization of certain items in that column shall be eliminated, (3) in footnote #6 in Table 1, references to “recommendation(s)” shall be deleted, (4) footnote #7 in Table 1 shall be deleted in its entirety, and (5) references in Table 1 to “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (on pp. 5 and 11), shall state: “as adopted or subsequently amended by the Board of Public Works” (rather than “DRAFT”); RESOLVED, That, in adopting these Findings, the Common Council finds and certifies that the requirements of CEQRO/SEQRA have been met, and that, consistent with socio-economic and other considerations from among the reasonable alternatives available, the selection and approval of either option and associated mitigative measures will 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 of its approval of the selected option those mitigative measures that were identified in the Environmental Impact Statement as practicable (and which are summarized in Table 1 of the Findings), and be it further RESOLVED, That the City of Ithaca Common Council hereby requests that the Mayor direct City staff and/or consultants to take those steps, including filing and distributing the Common Council’s Findings Statement as required under 6 NYCRR Part 617.12 and as may be necessary or appropriate to complete the environmental review process.” Amendment to the Amendment: By Alderperson Zumoff: Seconded by Alderperson Schuler RESOLVED, That the 2nd Resolved clause be amended to read as follows: “RESOLVED, That, in addition to its general concurrence with respect to the scope, content, and adequacy of said Board of Public Works Findings Statement, the City of Ithaca Common Council strongly urges that, wherever [possible] practicable, said Board and other agencies involved with implementing the City’s water supply decision take all October 7, 2009 7 actions as if the recommendations in the Findings Statement had been identified as Mitigation measures, and be it further” Carried Unanimously Amending Resolution: A vote to Amend the original Resolution resulted as follows: Carried Unanimously City Attorney Hoffman referenced the legal opinion he issued to Common Council under Attorney/Client Privilege regarding the Findings Statement on the water source decision, and noted that Council could request an Advice of Counsel session to discuss this matter further. He voiced his concern regarding the inconsistencies between the proposed Resolution and the SEQR / CEQR requirements. He stated that he believes this Resolution (the approved action) makes the conditions of the mitigations less clear. He further explained that the Resolution should set forth a rationale for the decision being made. Steve Eckler, O’Brien & Gere Engineers, Inc. noted that the italicized measures in the Board of Public Works Findings Statements do not stand alone. There are other practicable mitigation measures to be implemented that will mitigate impacts such as City and State regulations (ie. New York State Erosion & Sediment Control Guidelines, New York State Energy Conservation Code, the Natural Areas Guidelines, Local Action Plan, etc.) Alderperson Zumoff stated that he would have preferred to accept the Board of Public Works Findings Statement; however, he feels that the changes proposed by Alderperson Tomlan address many of City Attorney Hoffman’s concerns. Mayor Peterson noted that even though the City is the party taking the action in this case, she becomes concerned about the language “wherever practicable” when it involves the environment and having someone else dependent to enforce it, as it could be interpreted as a “loop hole”. Mayor Peterson further stated that she does not feel that the language in the 8th Whereas Clause about her being absent from the Board of Public Works vote was relevant to this Resolution. She explained the reason for her absence was personal and not related to the vote. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Dotson RESOLVED, That the 8th Whereas clause be amended to read as follows: “WHEREAS, said environmental review proceeded as recounted in the Board of Public Works resolution, “Water Supply – Lead Agency Findings,” which resolution was approved 5-0 at the Board’s July 8, 2009 meeting, and” Carried Unanimously Alderperson Rosario noted that after hearing from the consultants and giving this issue considerable thought, he supports turning the “recommendations” in the Findings Statement table into mitigations. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Cogan RESOLVED, That the 1st Resolved clause be amended to read as follows: RESOLVED, That the City of Ithaca Common Council, as an Involved Agency for the evaluation of the two options under consideration by the City to address its future water supply needs, being the Rebuild Option, i.e., the upgrade of certain elements of the City’s existing water supply system, and the Purchase Option, i.e., the purchase of finished (treated) drinking water from the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), hereby adopts as its own Findings (and incorporates by reference herein) hereby adopts as its own Findings (and incorporates by reference October 7, 2009 8 herein) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, with the following modifications: In Table 1 appended to the Board’s Findings Statement (“Potential impacts and mitigation”): (1) the heading of the right-hand column shall be “Mitigation” (rather than “Mitigation/Recommendation”), (2) the italicization of certain items in that column shall be eliminated, (3) in footnote #6 in Table 1, references to “recommendation(s)” shall be deleted, (4) footnote #7 in Table 1 shall be deleted in its entirety, and (5) references in Table 1 to “Ecologically-Informed Guidelines for Work in City of Ithaca Natural Areas” (on pp. 5 and 11), shall state: “as adopted or subsequently amended by the Board of Public Works” (rather than “DRAFT”); Alderperson Dotson stated that she can’t support this Amendment as she believes that the other option is the best way to handle this issue. She stated that Common Council should express their support and strongly urge the Board of Public Works and the Department of Public Works to take all actions as if the recommendations were identified as mitigations. Alderperson Clairborne stated that he was not comfortable going against what the Board of Public Works put forward as they spent a considerable amount of time working on this issue. Alderperson Tomlan stated that she feels that the language “strongly urges the Board” acknowledges Common Council’s concerns regarding the recommendations. Alderperson Schuler voiced her support for the comments made by Alderpersons Clairborne, Dotson, and Tomlan. Mayor Peterson noted that the members of the Board of Public Works, Common Council, and the leadership of the Department of Public Works, may all change within the next three years so Common Council should be as clear as possible as to what its expectations are in this matter. Motion to Call the Question: By Alderperson Schuler: Seconded by Alderperson Coles RESOLVED, That the Question be called. Ayes (9) Coles, Clairborne, Rosario, Zumoff, Tomlan, Schuler, Myrick, Mohlenhoff, Cogan Nays (1) Dotson Carried (9-1) Amending Resolution: A vote on the Amending Resolution resulted as follows: Ayes (4) Myrick, Rosario, Mohlenhoff, Cogan Nays (6) Coles, Dotson, Clairborne, Zumoff, Tomlan, Schuler Failed (4-6) Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously The final version of the Resolution reads as follows: 15.3 Water Supply - Involved Agency Findings – Resolution Regarding Adoption of Lead Agency’s Findings for the Evaluation of the two Options under Consideration by the City of Ithaca to address its future Water Supply needs, being the Rebuild Option and the Purchase Option 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 October 7, 2009 9 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 (treated) 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 expansion of the SCLIWC's treatment facility, the construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing city distribution system, and the decommissioning of the existing City system, which alternative is identified as the "Purchase Option", and WHEREAS, the choice between these two options involves broad policy concerns with far reaching implications involving drinking water quality and financial, planning, environmental, land use, energy use, public safety, 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 Ordinance (CEQRO) and the State Environmental Quality Review Act (SEQRA), and WHEREAS, as provided for under CEQRO and SEQRA, the City of Ithaca Board of Public Works, acting as Lead Agency, undertook the environmental review of the two options, including preparation of a draft and final Environmental Impact Statement (EIS), and WHEREAS, said environmental review proceeded as recounted in the Board of Public Works resolution, “Water Supply – Lead Agency Findings,” which resolution was approved 5-0 at the Board’s July 8, 2009 meeting, and WHEREAS, the City of Ithaca Common Council, as the body responsible for selecting a water source option and funding a capital project for such option, is an Involved Agency with regard to the environmental review of the action in question, and is required by law to adopt its own findings prior to making its decision, and WHEREAS, the Common Council, as an Involved Agency, has reviewed the Findings Statement adopted by the Board of Public Works, dated July 8, 2009, with respect to the environmental and socioeconomic impacts associated with the two options; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, as an Involved Agency for the evaluation of the two options under consideration by the City to address its future water supply needs, being the Rebuild Option, i.e., the upgrade of certain elements of the City’s existing water supply system, and the Purchase Option, i.e., the purchase of finished (treated) drinking water from the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), hereby adopts as its own Findings (and incorporates by reference herein) the Statement of Findings approved by the City of Ithaca Board of Public Works, dated July 8, 2009, and be it further RESOLVED, That, in addition to its general concurrence with respect to the scope, content, and adequacy of said Board of Public Works Findings Statement, the City of Ithaca Common Council strongly urges that, wherever practicable, said Board and other agencies involved with implementing the City’s water supply decision take all October 7, 2009 10 actions as if the recommendations in the Findings Statement had been identified as Mitigation measures, and be it further RESOLVED, That, in adopting these Findings, the Common Council finds and certifies that the requirements of CEQRO/SEQRA have been met, and that, consistent with socio-economic and other considerations from among the reasonable alternatives available, the selection and approval of either option and associated mitigative measures will 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 of its approval of the selected option those mitigative measures that were identified in the Environmental Impact Statement as practicable (and which are summarized in Table 1 of the Findings), and be it further RESOLVED, That the City of Ithaca Common Council hereby requests that the Mayor direct City staff and/or consultants to take those steps, including filing and distributing the Common Council’s Findings Statement as required under 6 NYCRR Part 617.12 and as may be necessary or appropriate to complete the environmental review process. Carried Unanimously 15.4 Water Supply – Adoption of the Rebuild Option to Address the City of Ithaca’s Future Water Supply Needs – Discussion Possible Resolution Alderperson Dotson: Seconded by Alderperson Zumoff 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 expansion of the SCLIWC's treatment facility, construction of a new water transmission main (pipeline) between the SCLIWC facility and the existing city distribution system, and decommissioning of the existing City 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, 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 therefor, subject to the “direction and review” of the Common Council (Section C-61), and October 7, 2009 11 WHEREAS, the Board of Public Works expressed their view with a 5-0 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, prior to taking action on this resolution, the Common Council, as an Involved Agency for the purposes of environmental review of this action, adopted a Findings Statement which certifies that the requirements of City and State environmental review statutes have been satisfied, and that the selection and approval of either water source option, conditioned upon implementation of the listed mitigative measures, will avoid or minimize adverse environmental impacts to the maximum extent practicable, 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. Alderperson Dotson noted that this Resolution was developed in consultation with Alderperson Tomlan and City Attorney Hoffman. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson RESOLVED, That the Resolution be amended to read as follows: 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 October 7, 2009 12 WHEREAS, prior to taking action on this resolution, the Common Council, as an Involved Agency for the purposes of environmental review of this action, adopted a Findings Statement which certifies that the requirements of City and State environmental review statutes have been satisfied, and that the selection and approval of either water source option, conditioned upon implementation of the listed mitigative measures, will avoid or minimize adverse environmental impacts to the maximum extent practicable, and WHEREAS, according to financial analysis by O’Brien and Gere, assuming that the City pays 100% of the cost of building the East Shore Transmission Main (ESTM) and that the cost of expanding the Bolton Point Water Treatment Plant (WTP) is borne by the users of Bolton Point, the rate paid by City water users will be lower for the purchase option than the rebuild option, and WHEREAS, even with the cost of expanding the Bolton Point WTP included in the rate paid by users of Bolton Point, with the addition of the City’s 30,000 customers, the rate paid by existing Bolton Point users will decrease substantially, and WHEREAS, the Town of Ithaca has budgeted $2 million to replace the water main that runs along East Shore Drive and has indicated an interest in combining that project with the construction of the East Shore Transmission Main, projected to cost $11 million dollars, and the combining of these two projects would result in lower overall costs for both entities, saving money for water users in both municipalities, and WHEREAS, the City annually produces 3.0 million gallons per day (MGD) of water but only sells 2.1 MGD, with the rest mostly made up of losses such as leaks in the distribution system, and WHEREAS, the purchase option, while resulting in a lower overall water rate to city water users, would result in a higher marginal cost of water (dollars per thousand gallons), and WHEREAS, as leaks are reduced and other losses are eliminated, the savings to city water users will be greater under the purchase option due to the higher marginal cost of water, resulting in a greater incentive to reduce water use, and WHEREAS, having one water treatment plant to serve 60,000 customers will result in greater economies of scale than having two plants, with future capital upgrades only needed for a single plant and spread over twice as many users, thereby lowering costs to individual users, and WHEREAS, the purchase option would eliminate the need for the current water treatment plant on Water Street and sludge lagoons on Giles Street, which are industrial facilities with chemical handling and delivery and sludge hauling activities in the middle of a residential neighborhood, and WHEREAS, the purchase option obtains raw water from Cayuga Lake, which consistently has very low turbidity and requires much lower amounts of chemical inputs to produce treated water than the raw water from Six Mile Creek, and WHEREAS, Cayuga Lake is not susceptible to drought, providing a hedge against changes to rainfall patterns as a result of future climate change that could result in water shortages from the reservoir on Six Mile Creek, and WHEREAS, the water source for Bolton Point, located 60 feet below the surface of Cayuga Lake and 3 miles north of Stewart Park, is less vulnerable to contamination from spills and other accidents than Six Mile Creek, which experienced a spill of 100 gallons of diesel fuel in July 2008 when a truck drove off a bridge on Burns Rd, and which has 10 road crossings upstream from the reservoir, and October 7, 2009 13 WHEREAS, finished water will flow from the Bolton Point WTP through ESTM into the City clearwells via gravity, and WHEREAS, the construction of the ESTM will allow water destined for the Towns of Ithaca and Ulysses that is currently pumped up from the Bolton Point WTP and around the city to flow by gravity through the city, thereby saving energy and money for local water users, and WHEREAS, the construction of the ESTM will create a redundant transmission main for water produced at the Bolton Point WTP, allowing water to continue to flow in the event that either main is temporarily out of commission, and WHEREAS, the purchase option would ensure adequate water availability for fire protection in the event of an extended loss of electricity through the use of storage tanks, with a new 0.9 million gallon tank planned for Burdick Hill, and through the interconnection with the Cornell University Water System (CUWS), which is constructing a new storage facility on Hungerford Hill, and WHEREAS, the purchase option would end the City’s dependence on a 100-year old raw water main that traverses very steep terrain with a history of landslides and would shift the City’s dependence to a modern water main built to current standards and primarily in a readily accessible public right of way, and WHEREAS, the purchase option will enable the reconnection of the City and Town of Ithaca water distribution systems on the west end of the City, thereby eliminating the dead ends and water age issues that were created in 2005 when the Town of Ithaca disconnected from the City system and extended the Bolton Point water main around the City, and WHEREAS, in the absence of a reconnection of the Town and City systems, these water age issues will have to be solved through expensive capital projects borne by city rate payers, and WHEREAS, the 700 acres of the Six Mile Creek Natural Area are an important recreational area for the residents of the City and the surrounding areas, and WHEREAS, by virtue of the use of Six Mile Creek as a water source, the Six Mile Creek Natural Area is only marginally protected by state watershed regulations, and further protection will require other measures that do not rely on the use of Six Mile Creek as a water source, such as the declaration of these lands as public parkland, and WHEREAS, the purchase option results in fewer short term and long term impacts on the Natural Area than the rebuild option, and WHEREAS, the purchase option is more easily implemented, as the construction of the ESTM and expansion of the Bolton Point WTP can be undertaken while the current City WTP on Six Mile Creek supplies water for the duration of construction, with the switch to the new water source and transmission main occurring after both have been shown to be completely functional, and WHEREAS, the purchase option requires the use of only slightly more energy and the resultant production of greenhouse gases than the rebuild option, mostly for the pumping of water from Cayuga Lake to the Bolton Point WTP, and preserves the opportunity for using renewable sources of electricity to meet those energy needs, and WHEREAS, duplication of services by multiple levels of government has been identified as one of the causes of high taxes in New York State, and the State of New York has developed a Shared Services Program “to provide technical assistance and competitive grants to two or more units of local government for the development of projects that will achieve savings and improve municipal efficiency through shared services, cooperative agreements, mergers, consolidations and dissolutions,” and this grant program could October 7, 2009 14 provide up to $1 million for the implementation of the intermunicipal purchase option, and WHEREAS, all levels of government should be seeking opportunities for cooperation and consolidation of services to lower the cost of providing services to their constituents, and WHEREAS, the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), which owns and operates the Bolton Point WTP, voted on September 3, 2009 to admit the City of Ithaca as a full partner to the SCLIWC, pending the negotiation of terms, now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby adopts the purchase option to replace the City’s water filtration plant on Water Street, including the construction of the East Shore Transmission Main, conditioned on the implementation of the mitigation measures identified in the Common Council’s findings statement, and be it further RESOLVED, that unless terms acceptable to Common Council are negotiated with the SCLIWC, and all five municipal bodies representing the current members of the SCLIWC vote to admit the City as a full partner, by January 6, 2010, Common Council will revisit this decision. Failed – Lack of a Second Discussion followed on the floor with City Attorney Hoffman reiterating that neither the Resolution on the floor nor the Findings Statement Resolution previously adopted, sets forth the rationale for the decision being made as required by SEQR/CEQR. Alderperson Dotson noted that her original Resolution included language regarding the rationale; however, it was removed during the development of this Resolution upon the recommendation of the City Attorney’s Office. City Attorney Hoffman clarified that the rationale is typically found in the Findings Statement. Alderperson Tomlan noted that Common Council received both a Findings Statement Resolution and a Decision Resolution at the September 30, 2009 Special Common Council meeting and requested that they be included in the minutes of that meeting even though they were not formally considered at that meeting. Alderperson Coles stated that her rationale for supporting the Rebuild Option includes: • The complications involved in acquiring rights to build the transmission line & the conservation/wooded areas involved • Energy conservation • Redundancy of the water supply • Water quality of Cayuga Lake (3 Waste Water Treatment Plants on lake, tributary run-off, contaminants from manure lagoons) Alderperson Tomlan stated that one of her concerns with the Purchase Option relates to system governance. She shared her experience as a member of the Joint City/Town Study Group and the proposed joint discussions with the Town of Ithaca, that have not yet been scheduled, regarding shared services and consolidation. She voiced her concern regarding the timeline involved in conducting negotiations with five municipal boards as is required with the Purchase Option. Further discussion followed on the floor regarding the development of language for the rationale to support the Rebuild Option. Alderperson Dotson requested a 20 minute extension of the discussion in order to offer an Amendment that would include the additional information. Mayor Peterson suggested that Common Council meet before the Neighborhoods & Public Safety Committee on October 14, 2009, 7:00 p.m., in order to consider amended legislation. Alderperson Cogan stated that he would not be available to attend that meeting. Alderperson Dotson agreed to craft the language for an Amended Resolution. October 7, 2009 15 Motion to Postpone: By Alderperson Myrick: Seconded by Alderperson Rosario RESOLVED, That consideration of this item be postponed to October 14, 2009 at 7:00 p.m. Carried Unanimously RECESS: Common Council recessed at 9:35 p.m. RECONVENE: Common Council reconvened into Regular Session at 9:45 p.m. Alderperson Coles left the meeting at 9:45 p.m. Alderperson Schuler noted that she needed to leave the meeting at 11:00 p.m. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau - Request to Amend 2009 Youth Bureau Budget - Resolution Alderperson Myrick: Seconded by Alderperson Rosario WHEREAS, the summer Sailing Program increased its offerings to young people in the community by offering an eighth week of camp, or two additional classes, and WHEREAS, the Ithaca Youth Bureau has collected an additional $6,384 in fees for the 2009 summer sailing program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2009 Youth Bureau Budget to account for said increase as follows: Increase Revenue Account: A 7310-2001-1569 Sailing Camp $6,384 Increase Appropriation Account: A 7310-5435-1569 Contracts $6,384 Carried Unanimously (9-0) Alderperson Coles absent from vote 8.2 Building Department - Request to Change the Personnel Roster - Resolution By Alderperson Myrick: Seconded by Alderperson Rosario WHEREAS, the Building Department has four staff support positions, two of which are full-time, and the other two are Office Assistant and Receptionist with a work load of 20 hours per week and 30 hours per week respectively, and WHEREAS, The Building Department’s Office Assistant position has been vacant since May 24, 2009, and WHEREAS, the current Receptionist has been performing duties outlined in the job description including all other duties required of an Office Assistant, and WHEREAS, the current Receptionist recently took and passed the Office Assistant’s Civil Service exam along with the mandatory typing test, and WHEREAS, the current position of Receptionist is a 30 hour per week position and the Building Department wants to promote the Receptionist to Office Assistant while she continues to work 30 hours per week, and WHEREAS, in the future, the Building Department also wishes to hire a 20 hour per week Receptionist, and WHEREAS, these changes would be “budget neutral” for the Building Department in 2009 and 2010; now, therefore, be it RESOLVED, That the Building Department’s roster be amended effective immediately, as follows: October 7, 2009 16 Delete: One (1) – 30 hour Receptionist, and One (1) – 20 hour Office Assistant Add: One (1) – 20 hour Receptionist and One (1) – 30 hour Office Assistant Carried Unanimously (9-0) Alderperson Coles absent from vote PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of Zoning Amendment Revising Bicycle Parking Requirements – Declaration of Lead Agency for Environmental Review - Resolution By Alderperson Dotson: Seconded by Alderperson Cogan WHEREAS, support for bicycling and therefore for the needs of bicyclists is in line with several commitments that the City has made recently, including commitments to reduce greenhouse gas emissions, and WHEREAS, over the past few decades, the City of Ithaca has increased its attention to the needs of bicyclists, particularly by requiring bicycle parking at buildings and other facilities to serve the needs of residents, employees, shoppers, students, visitors, etc., and WHEREAS, the existing bicycle parking requirements codified in the zoning and site plan review ordinances are vague and open to varying interpretations, and WHEREAS, despite attention from Planning and Development Department and Building Department staff, and attention from project applicants, the current vague requirements have regularly led to construction and installation of bicycle parking facilities that are insufficient, poorly located, and/or inappropriate for the specific conditions, WHEREAS, Transportation Engineering staff with particular expertise and experience in bicycle-related issues have developed revised requirements that clarify the exact types and quantities of bicycle parking that are satisfactory under various conditions, and WHEREAS, a memo outlining these suggested revisions has been circulated at least twice to relevant departments, agencies, and other interested parties, including the Bicycle/Pedestrian Advisory Council, and only positive comments have been received by staff, and 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 zoning amendment and amendment to the site-plan review ordinance are both “Type I” Actions pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of amendments revising bicycle parking requirements in the zoning and Site-Plan Review ordinances. Carried Unanimously (9-0) Alderperson Coles absent from vote October 7, 2009 17 9.2 A Resolution Authorizing the Mayor to file an Application for Funds from the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP), in Accordance with the Provisions of the Recreational Trails Program and Upon Approval of said Request to enter into and execute a project agreement with the State for such financial assistance By Alderperson Dotson: Seconded by Alderperson Schuler WHEREAS, the City has been awarded a $100,000 Recreation Trails Program Grant from the NYSOPRHP for the construction of a trail segment on the property known as the Gateway Property, which, in conjunction with a 400’+ segment constructed by the property owner, will serve as a connector trail from the Six Mile Creek Promenade in the downtown core to the future Winter Village Trail, through Six Mile Creek Natural Area to the Mulholland Wildflower Preserve, and the 10 miles of trails therein, and WHEREAS, on November 1, 2006, the Common Council authorized the submission of this grant application and the commitment of a cash match as follows: the total project cost is estimated to be $147,915, the local share of this grant application will be provided by the property owner ($38,500) and the City of Ithaca ($9,415), and WHEREAS, in order to execute a contract between the City and the NYSOPRHP, the Common Council must authorize a city official to enter into an agreement with NYSOPRHP, now therefore be it RESOLVED, That Carolyn K Peterson, as the Mayor for the City of Ithaca, or her designee, is hereby authorized and directed to file an application for funds from the NYSOPRHP in accordance with the provisions of the Recreational Trails Program, an amount not to exceed $100,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca to install a 395 linear foot segment of the Six Mile Creek Trail System on the Gateway Property. Carried Unanimously (9-0) Alderperson Coles absent from vote 9.3 Collegetown Plan Implementation – “Narrative List of Studies” – Resolution Amendment to the 2009 Collegetown Urban Plan & Conceptual Design Guidelines by inclusion of a “Narrative List of Specific Studies and Investigations” By Alderperson Dotson: Seconded by Alderperson Tomlan WHEREAS, since 2005 the City of Ithaca has been taking various actions to focus attention, analysis and community work on the future of the Collegetown area, including the authorization of a Collegetown Client Committee, and the appointments of the Collegetown Vision Task Force (which produced the Collegetown Vision Statement) and the Collegetown Vision Implementation Committee, and WHEREAS, the community has met this municipal attention with effort and focus of its own, including that from residents and other stakeholders of various areas within and adjacent to the Collegetown area, and contributions from institutions including Cornell University, and WHEREAS, throughout this process there has been vigorous debate and much evolution of documents to articulate a shared community sense of the future of Collegetown, and throughout the process there have been significant and varied opportunities for the public to review and comment on drafts of the plan and other documents related to development and implementation of the plan, and WHEREAS, on May 12, 2009, the Planning and Development Board recommended, for adoption by Common Council, the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” consisting of Parts One and Two (the draft provided by consultants Goody Clancy preceded by comprehensive modifications thereto by the Planning and Development Board), and WHEREAS, on June 17, 2009, the Planning and Economic Development Committee of Common Council amended the plan, and recommended the amended plan to Common Council for adoption as part of the Comprehensive Plan, and October 7, 2009 18 WHEREAS, on August 5, 2009 the Common Council passed a resolution endorsing this amended “2009 Collegetown Urban Plan & Conceptual Design Guidelines” without reference to the City’s Comprehensive Plan, and WHEREAS, the endorsement resolution outlined in detail the process leading up to this endorsement, and WHEREAS, the endorsement resolution was conditioned on (quoting the adopted resolution) “the provision to the Common Council, at the earliest possible time, but no later than at its Regular Meeting on October 7, 2009, a narrative list of specific studies and investigations that would need to be undertaken as a basis for the plan’s recommendations and for any future action thereon, and that this narrative list be made an amendment to the endorsed plan,” and WHEREAS, over a period of several months leading up to Council’s consideration of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” documents were prepared by staff and members of Common Council and the Planning and Development Board that were designed to articulate various likely investigations, studies, and other actions for the benefit of the public and members of City boards, commissions, and neighborhood groups, and WHEREAS, the attached “Narrative List of Specific Studies and Investigations” was developed from these prior documents, specifically to address the desire by Council to more fully outline the next steps, as Council has articulated in its condition of endorsement of the “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” now therefore be it RESOLVED, That the Common Council amends the endorsed “2009 Collegetown Urban Plan & Conceptual Design Guidelines,” by including the attached “Narrative List of Specific Studies and Investigations,” as an indication of the work that staff and others would need to undertake as a basis for future action based on this Plan. Alderperson Zumoff stated that he would support this Resolution as an improvement to a Plan that he did not support. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) Alderperson Coles absent from vote 9.4 A Resolution Authorizing a Grant Submission for Park Development under the Environmental Protection Act and Land and Water Conservation Fund, for the Design and Construction of the Stewart Park Performance Pier By Alderperson Dotson: Seconded by Alderperson Schuler WHEREAS, the New York State Department of State has announced the availability of grant funding for Parks Development under the Environmental Protection Act and Land and Water Conservation Fund, and WHEREAS, on September 2, 2009, Common Council authorized and directed Carolyn Peterson, as Mayor for the City of Ithaca, to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $160,000.00 for a total project cost of $320,000.00 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca to design and construct a performance pier at Stewart Park, and WHEREAS, the September 2, 2009 resolution stated that a 50% local share of the grant application was to be derived from in-kind services and community contributions through the Cayuga Waterfront Trail Initiative and the Chamber of Commerce and no City funds would be expended, and October 7, 2009 19 WHEREAS, since the September 2, 2009 resolution was passed by Common Council, the New York State Department of State has informed the City that, because Ithaca is classified as a poverty zone, the City is only required to provide a 25% local share of the funding, and WHEREAS, after a closer look at the total project costs, the estimated amount increased by $51,700.00, bring the total estimated amount to $371,700.00, 75% of which equals $278,775.00, for the updated grant request, and WHEREAS, the 25% local share of this grant application equals $95,925.00, now therefore be it RESOLVED, That staff is hereby authorized and directed to send this revised resolution to the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $ 278,775.00 for a total project cost of $371,700.00 with the 25% local share of this grant application not to exceed $92,925.00, and be it further RESOLVED, That the 25% local share of this grant application will be derived from in- kind services and community contributions through the Cayuga Waterfront Trail Initiative and the Chamber of Commerce and no City funds will be expended. Carried Unanimously (9-0) Alderperson Coles absent from vote 10. CITY ADMINISTRATION COMMITTEE: 10.1 DPW – Request to Establish Capital Project for Hangar Theatre Building Improvements - Resolution By Alderperson Rosario: Seconded by Alderperson Zumoff WHEREAS, the City Building currently leased and occupied by Center for the Arts at Ithaca Inc. (CAI) commonly known as the Hangar Theatre, is in need of Capital Improvements, and WHEREAS, the Hangar Theatre is undertaking a Capital campaign to renovate the Hangar Theatre Building for year round use with a total project cost of $4,600,000, and WHEREAS, the Hangar Theatre has asked the City, as owner of the Building, to contribute toward the building renovation project, at a cost of $670,000, and WHEREAS, recent site investigations have identified an underground tank that needs to be removed as part of the larger overall capital improvement project to the building, and WHEREAS, City staff has estimated the cost for removal of the tank from the building site at $15,000; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #754 Hangar Theatre Building Improvements in an amount not to exceed $15,000, and be it further RESOLVED, That funds necessary for said tank removal shall be advanced from the General Fund with later repayment from the issuance of Bonds, and be it further RESOLVED, That Common Council will discuss future amendments to this project as it relates to the overall request of a $670,000 project contribution by the Hangar Theatre during the 2010 budget discussions. City Attorney Hoffman clarified that the improvements that the City is being asked to undertake are site improvements, not building improvements. He further noted that the Hangar Theater leases the city-owned building. Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Zumoff RESOLVED, That the Resolution be amended to read as follows: October 7, 2009 20 10.1 DPW – Request to Establish Capital Project for Hangar Theatre Building Site Improvements - Resolution WHEREAS, the City-owned Bbuilding currently leased and occupied by Center for the Arts at Ithaca Inc. (CAI) commonly known as the Hangar Theatre and the surrounding site are, is in need of Ccapital Improvements, and WHEREAS, the Hangar Theatre is undertaking a Ccapital campaign to renovate the Hangar Theatre Building for year round use with a total project cost of $4,600,000, and WHEREAS, the Hangar Theatre has asked the City, as owner of the Bbuilding and site, to contribute toward the building renovation site improvement components of the project, at a cost of $670,000, and WHEREAS, recent site investigations have identified an underground tank that needs to be removed as part of the larger overall capital improvement project to the building, and WHEREAS, City staff has estimated the cost for removal of the tank from the building site at $15,000; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #754 Hangar Theatre Building Site Improvements in an amount not to exceed $15,000, and be it further RESOLVED, That funds necessary for said tank removal shall be advanced from the General Fund with later repayment from the issuance of Bbonds, and be it further RESOLVED, That Common Council will discuss future amendments to this project as it relates to the overall request of a $670,000 project contribution by the Hangar Theatre during the 2010 budget discussions. Carried Unanimously (9-0) Alderperson Coles absent from vote Amending Resolution: By Alderperson Rosario: Seconded by Alderperson Mohlenhoff RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That Common Council will discuss possible future amendments to this capital project as it relates to the overall request of a $670,000 project contribution by the Hangar Theatre during the 2010 budget discussions.” Carried Unanimously (9-0) Alderperson Coles absent from vote Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) Alderperson Coles absent from vote 10.2 Human Resources - Request to Adjust Acting Department Heads’ Salaries - Resolution By Alderperson Rosario: Seconded by Alderperson Tomlan WHEREAS, the current Managerial Compensation Plan was adopted in 1999, and WHEREAS, in 2009, Common Council set aside funds to conduct a study to update the Managerial Compensation Plan, and WHEREAS, it has since been determined that until the City has implemented the compensation study conducted for the CSEA city employees, the City will not embark upon a new Managerial Compensation study, and WHEREAS, the initial Managerial Compensation study did not address all compensation inequities for staff; only adjusted salaries for those below the minimum salary by moving them to the minimum; actually left unresolved and in certain instances increased serious compression issues; and failed to address recruitment issues, and October 7, 2009 21 WHEREAS, upon the departure of a Department Head, the deputy level staff assigned to act as the Department Head, after thirty days in the acting capacity is entitled to 4% increase or the minimum salary for the Department Head salary grade, whichever is greater, and WHEREAS, this practice has resulted in at least one Acting Department Head receiving a lower base salary than the base salary of subordinates, and WHEREAS, there continues to be a need to modify this practice because the compensation plan had not addressed the issues of compression for the longer term staff and does not allow for sufficient flexibility; now therefore, be it RESOLVED, That a Deputy in the position of Department Head after thirty days, shall receive a salary increase of 8% or the minimum salary for the Department Head position whichever is greater. Alderperson Clairborne stated that he would abstain from this vote as his spouse is a Deputy Department Head. Alderperson Mohlenhoff stated that she would abstain from the vote to avoid an appearance of a conflict of interest as her spouse is a city employee. Ayes (7) Dotson, Rosario, Zumoff, Tomlan, Schuler, Myrick, Cogan Nays (0) Abstentions (2) Clairborne, Mohlenhoff Carried (7-0-2) Alderperson Coles absent from vote 10.3 Human Resources - Transfer of Funds for Payment of Seasonal Flu Shots - Resolution By Alderperson Rosario: Seconded by Alderperson Myrick WHEREAS, the Common Council has determined that assisting employees in obtaining a flu shot, for the 2009 season, will be beneficial to employees and the work environment; now, therefore, be it RESOLVED, That Common Council hereby authorizes the payment of up to $30 for City employees, not covered under another agreement, to receive or be reimbursed for the shots received in the clinics available at City facilities or through another provider, and be it further RESOLVED, That the payment is contingent upon the signing of a Memorandum of Understanding with the appropriate Collective Bargaining Units, and be it further RESOLVED, That funds in the amount not to exceed $5,000 shall be transferred from account A1990 Unrestricted Contingency to account A1430-5430 Human Resources Fees to fund said vaccinations for 2009. Amending Resolution: By Alderperson Mohlenhoff: Seconded by Alderperson Schuler RESOLVED, That the first Whereas clause be amended as follows: “WHEREAS, the Common Council has determined that assisting employees in obtaining a seasonal flu shot, for the 2009 season, will be beneficial to employees and the work environment; now, therefore, be it Carried Unanimously (9-0) Alderperson Coles absent from vote Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) Alderperson Coles absent from vote 10.4 City Controller’s Report Mayor Peterson presented her 2010 Mayor’s Recommended Budget, and made the following remarks: October 7, 2009 22 “The 2010 budget year was all it was reputed to be—difficult in all respects. Going into the budget, the goals were similar to previous years: control spending, review revenues, reduce capital expenses and debt load, control the tax levy and rate, and provide good service to the residents, visitors, and employees in the City of Ithaca. Not surprisingly, the task was, and is, a very difficult one. The national and state economy has made an impact on our local municipalities, and that includes Ithaca, which actually is experiencing, in many sectors, a less severe downturn than other communities. It seems ironic that we are entering this very difficult financial time when signs at the federal level point to moving out of the severe recession, the worst in 50 years. However, long term impacts will persist for most communities across the country, and especially in New York State. For municipalities that are located in states with huge deficits (like California and New York), the impact will be more strongly felt. Several key areas have made severe impacts on the budget: a 60% increase in state pension fund contributions, the loss of significant revenue from sales tax, and an increase debt service costs. The above items alone indicated a funding gap of approximately $2, 500,000. Additionally, all union contracts for the city are multi-year agreements and settled. Salaries will increase 3.5-4% for 2010. Although this sounds high in this economy, over half the workforce earns significantly less than area counterparts as revealed through a compensation study. Higher wage increases were agreed to with the goal of closing that gap. Adherence to the above goals was difficult and was accomplished by employing the following: To control spending, each department looked for savings in their respective budget. Additionally, more reductions were imposed through final review of the individual budgets. The controller has gone over the budgets carefully and the proposals will have to be followed carefully throughout 2010. Some operational examples are: Controller- savings on software through collaboration with IT rather than outside contracts Chamberlain- increase revenue through elimination of first ticket free DPW- significantly reduced equipment list HR- reduced staff development IT- reduced computer replacements Planning-foregoing a deputy position Attorney- less consultant fees Mayor- reduction in supply lines GIAC- special case due to temporary quarters IFD-foregoing the chief IPD- fewer vehicles The overall budget requests for the departments is 2.4% lower than their 2009 budgets. These budgets also include contractual wage increases. No layoffs are proposed. Some positions will go unfilled. The vacancy review committee will continue its process throughout all of this year and into 2010. This method of holding down personnel costs through not filling positions or delaying hiring is currently working well. Revenues are down in sales tax and building permits. Additional revenues are proposed by eliminating one hour free parking and eliminating the once every 18 months “grace” parking ticket. Additionally, monthly passes will slightly increase in the garages. Over the past several years, the city has worked hard to overcome the capitalization of operating expenses and small capital items by moving these items into the operating budget. Unfortunately, the 2010 budget sets this policy backward. Some smaller vehicles and other items will be placed in the capital budget to offset increases in the operating budget. These are items that were deemed necessary, but would contribute to either a higher tax levy, or possibly using more fund balance. October 7, 2009 23 With spending reductions, other realized revenue, capitalizing certain expenses, and booking the pension contributions in 2010, the budget still relies on $950,000 of the city’s fund balance. Even with this amount used, the tax levy is 4.22%, with a .65% increase in the tax rate. The fund balance still remains healthy, and, hopefully, will not be used. To reduce the budget by $950,000 to offset use of the fund balance, would seriously curtail city operations, many of which have never caught up to the pre-1991 era (based on the marker year when the state reduced state aid). In years past, the city was cautiously improving our outlook with small improvements to every department. This year is not such a case. In fact, there are still a number of unknowns facing us—the economy, possible pension relief payment methods, fuel and utility rates, and what the state may do with aid to municipalities. I thank the departments and employees, and the controller’s office for all the work done thus far on this difficult budget.” Discussion followed on the floor with Council members asking questions about vacant but funded positions and the flexibility of filling positions. The departmental budget hearings begin on October 8, 2009 and will continue throughout the month of October. Motion to Extend the Meeting By Alderperson Cogan: Seconded by Alderperson Myrick RESOLVED, That the meeting be extended by 20 minutes. Carried Unanimously (9-0) Alderperson Coles absent from vote INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Resolution In Support of New York State Department of Transportation (NYSDOT) Reasonable Access Highway Regulation By Alderperson Schuler: Seconded by Alderperson Dotson WHEREAS, the Common Council of the City of Ithaca recognizes the need of large transport trucks to supply our communities and farms, and WHEREAS, many large transport trucks are using streets and highways through our city including Routes 96, 89, and 79, not to deliver goods locally but to distant locations, and WHEREAS, local streets and roads have steep hills, cyclists, and dense pedestrian usage, and WHEREAS, safety is being threatened by the large number of non-local transport trucks which are also causing deterioration in the fabric and infrastructure of the community by disturbing residents with jake brakes, noise and odors, damaging pavement and weakening bridges by the weight of the trucks, threatening the safety of bicyclists, and pedestrians, and WHEREAS, Routes 96, 89 and 79 pass through our city, and there are alternatives which do not pass through the city that the non -local transport trucks could use, and WHEREAS, these alternatives would require through trucks to travel less than 25 miles out of their way to avoid using Routes 96, 89 and 79 and WHEREAS, the New York State Department of Transportation (NYSDOT) has promulgated regulations to provide relief for Tompkins County residents, including the City of Ithaca, and make our roads safer by limiting truck traffic in Tompkins County on Routes 96, 89 and 79 to local deliveries, and WHEREAS, Tompkins County Legislators have shown support for this regulation and adopted a similar resolution dated September 15, 2009, now therefore be it RESOLVED, That the Common Council of the City of Ithaca urges Governor David Paterson and the New York State Department of Transportation to implement the proposed regulations as quickly as possible, and be it further October 7, 2009 24 RESOLVED, That a copy of this resolution, with the seal of the City of Ithaca embossed thereupon, be delivered to Governor David Paterson and to our New York State legislators in the Senate and Assembly. Alderperson Schuler noted that the public comment period has been extended for an additional 45 days. She encouraged Council members to e-mail their comments to State legislators, and ask them to take action without further extending the public comment period. A vote on the Resolution resulted as follows: Carried Unanimously (9-0) Alderperson Coles absent from vote Alderperson Schuler left the meeting at 11:10 p.m. 15.2 Water Quality Improvement Projects and Nonagricultural Nonpoint Source Projects Municipal Resolution Authorizing Items Pursuant to the Bond Acts enacted in 1965, 1972 and 1996 and the Environmental Protection Fund, as well as Federal Grant Awards Available for Such Projects By Alderperson Cogan: Seconded by Alderperson Myrick WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law (“ECL”) authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now therefore be it RESOLVED, by the Common Council of the City of Ithaca that Carolyn K. Peterson, Mayor or such person’s successor in office, is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; and be it further RESOLVED, That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; and be it further RESOLVED, That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation, and be it further RESOLVED, That this Resolution take effect immediately. Superintendent of Public Works Gray explained that the project includes the construction of a new salt storage building, and the improvement of drainage in the affected area. Amending Resolution By Alderperson Clairborne: Seconded by Alderperson Dotson RESOLVED, That the first Whereas clause be amended to read as follows: “WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work (construction of a new salt storage building at 245 Pier Road), as described in its application and attachments, herein called the “Project”, October 7, 2009 25 is desirable, is in the public interest, and is required in order to implement the Project; and” Carried (8-0) Alderpersons Coles, Schuler absent from vote Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0) Alderpersons Coles, Schuler absent from vote MAYOR’S APPOINTMENTS: 16.1 Ithaca Housing Authority: By Alderperson Clairborne: Seconded by Alderperson Myrick RESOLVED, That Valerie Wilson be reappointed to the Ithaca Housing Authority Board with a term to expire October 17, 2014. Carried Unanimously (8-0) Alderpersons Coles, Schuler absent from vote REPORT OF CITY CLERK: City Clerk Conley Holcomb made the following announcement: “On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is preparing to draft an Action Plan to fund projects through the 2010 Community Development Block Grant (CDBG) and HOME Programs. Approximately $650,000 is expected to be available. All funded projects must meet HUD National Objectives and primarily benefit the City’s low-and moderate-income residents. A schedule of public meetings regarding the grant is available on the City’s web site (www.cityofithaca.org, click on “City Departments” and “Ithaca Urban Renewal Agency”). Please note that the first of two public hearings for the grant is now scheduled for October 22, 2009 at 8:30 a.m. in Common Council Chambers. For more information, please contact: Ithaca Urban Renewal Agency, 108 E. Green Street, 3rd Floor, Ithaca, NY 14850-5690, Phone (607) 274-6553, Fax (607) 274-6558, e-mail: suek@cityofithaca.org “ The City Clerk further announced that the City of Ithaca, along with Cross World Africa is sponsoring a book drive to sponsor the children of Eldoret, Kenya, one of Ithaca’s “sister” cities. The Book Drive began on October 1st and will continue until October 18, 2009. There are multiple book drops throughout the City and Cornell University. All of the books donated will be shipped to the elementary and high school students of the Kip Keino schools, a local orphanage, and the Eldoret Public Library. REPORT OF CITY ATTORNEY: City Attorney Hoffman stated that there is no new litigation to report on. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the September 2, 2009 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the September 2, 2009 Regular Common Council Meeting be approved with noted corrections. Carried Unanimously (8-0) Alderpersons Coles, Schuler absent from vote RECESS: On a motion the meeting recessed at 11:20 p.m. The meeting will be resumed on October 14, 2009 at 7:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor