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