HomeMy WebLinkAboutMN-SMC-1997-08-11 SIX MILE CREEK ADVISORY COMMITTEE
August 11, 1997 Minutes
Committee Present: Elizabeth Mulholland, Dan Hoffman (Chair) ,
Nancy Ramage, Marjorie Olds, Dick Fischer, Jack Booker, Rick
Gray. Ex Officio members: City Forester Andy Hillman, Gorge
Ranger Robert Drabicki.
Committee Absent: Peter Fortunato, Mary Gutenberger;
Ex Officio members: Larry Fabbroni, Chuck Baker, Thys Van Cort.
1. Introductions and Agenda Review.
2. Approval of Minutes: The Six Mile Creek Advisory Committee
( "SMCAC" or "Committee" ) approved its June 9, 1997 and July 14,
1997 minutes with minor, typographical corrections.
3. Reports:
Chair (Dan Hoffman) :
Parcel SM-15:
Dan discussed the need for the City and the Town to
coordinate efforts to preserve a large, undeveloped parcel (SM-
15) along the Rec Way.
Dan has arranged for Botanist Robert Wesley to do a plant
inventory for the SM-15 parcel. The SMCAC expresses appreciation
to Mr. Wesley for donation of his expert services.
The Finger Lakes Land Trust (FLLT) has written to the parcel
owner expressing interest in purchase or a conservation easement.
Any efforts by City and Town Planning to coordinate
acquisition of this property would be appreciated.
Raponi property/driveway along the Recreation Way:
The Raponis have requested a permit from the City to build a
driveway across the Recreation Way. The City wanted the Town to
indicate whether the Raponis' easement from Therm, Inc. was
agreeable to the Town (in light of the Town's prior easement from
Therm for the Rec Way) . Dan attended the most recent Town Board
meeting and urged the Board to challenge the Raponis' purported
easement. The Board decided not to "approve" or oppose the
Raponis' easement, and to write to Therm indicating the Town's
general concern about the sale of easements across the Rec Way.
The Town Board's minutes and the Town of Ithaca Supervisor's
follow up letter to Therm (and subsequent response) are appended
to the official minutes on file in the Clerk's Office.
Previously this Committee asked Dan Hoffman to send a letter
(to be drafted by MZO) requesting that the City not grant a
permit for another driveway. At this meeting, SMCAC decided to
postpone sending that letter, pending the outcome of a proposed
purchase the Raponi parcel and the adjoining Guthrie house, by
the same buyer.
If the sale goes through, Nancy Ramage will draft a letter
to new owners expressing SMCAC's ardent request that an
SIX MILE CREEK ADVISORY COMMITTEE, 8/11/97 page 2
additional driveway across the RecWay not be built and urging the
new owners to consider guaranteeing the integrity of the Rec Way
by way of a conservation easement, possibly through the FLLT,
that would prevent any new driveway crossing and provide a
substantial visual buffer between the Rec Way and any new
development on the Raponi parcel.
City Forester (Andy Hillman) :
Andy described the Six Mile Creek portion of the City's new
web site. A few modifications were suggested.
Report from the Field (Elizabeth Mulholland) :
Beth reports that the maintenance road running down the
"slip slope" between Commonland and the plateau overlooking the
Lower Reservoir has been left badly rutted by City vehicles.
There is also much erosion in the area of the recent
pipeline stabilization project (where the hemlocks have been
planted) .
Beth recommends that the SMCAC invite Linda Russo, a member
of the Commonland Residents' governing board, to serve as an
informal liaison between SMCAC and Commonland.
Penny Lane residents are reporting continuing problems
caused by late night Reservoir revelers. A suggestion to seek
enforcement by the NYSP and Sheriff's Department of the 11 PM
parking curfew was discussed.
The Native Plants Society is being formed in Tompkins County
and will meet next at 7 PM on September 30th at Cooperative
Extension. Contact Beth for more info.
Gorge Ranger (Robert Drabicki) :
Parking Lot: Bulletin board is now locked. Sign stating
legal responsibilities of dog owners is posted. Pile of stones
needs to be moved by DPW. IPD reports several break-ins of
parked cars in Parking Lot. Littering problem continues.
Bikes: "No biking" signs are in place; Bob has been
"hounding" bikers. Bob says he has seen few bikes on State
Street side of gorge. Bob agrees that bikes are probably a
bigger problem on Rec Way side; he estimates he spends about 10%
of his time on Rec Way side.
4. Signs For Road to Upper Reservoir:
The Dept of Public Works has created new signs which it
wants to post on the access road from Slaterville Road to the
Upper (drinking supply) Reservoir. The road and the Upper
Reservoir are not open to the public and the signs would direct
visitors to the "public" entrance at Commonland, off Penny Road.
By a vote of 6-1, the Committee requested that the signs not
be put up, at least until it had an opportunity to discuss the
SIX MILE CREEK ADVISORY COMMITTEE, 8/11/97 page 3
current concerns of Penny Lane residents.
5. Dog Problems:
Due to time constraints and Peter Fortunato's absence,
Committee decided to postpone its discussion of dogs until the
next meeting.
4. Natural Areas Commission (NAC) :
The SMCAC reviewed Dan's proposed new language for the City
Code, intended to accompany and implement the establishment of a
Natural Areas Commission. Concern was aired regarding the size
of the committee. Beth inquired whether the Cayuga Bird Club
should be included as a member of the Commission, particularly in
light of its interest in the Fuertes Bird Sanctuary. There was
not support for adding another seat. An amendment changing the
number of Cornell seats from two to one, and reducing the total
number of seats from 12 to 11, was approved. Dan's proposal, as
amended, was then approved unanimously. (Copy of recommended new
language appended to official minutes. )
5. Work Projects in the Natural Area
Rick Gray will find out from Public Works and/or Larry Fabbroni
the status of the following work:
— Replacement of destroyed foot bridge from the parking lot
(also, a strategy to address erosion in that area) .
— Restoration of pipeline repair area: The sloped area needs
more mulch and more trees. A safe connection between the
maintenance road and the path down to the Lower Resevoir needs to
be provided. A stray metal culvert left in that area should be
removed. Larry said in his letter to the Committee that DPW
would get to these restoration tasks "in the Fall. " Marjorie
Olds will draft a follow-up letter to Larry regarding these
issues.
— Bike control measures (fences, barriers & signs along Rec Way) :
Marjorie will contact George Frantz re current status.
- Repair of Trail: Andy will contact Neil Giacobbi and The
Partnership for student volunteer help in repairing flood damage
to the lower trail through the Wildflower Preserve. Andy says
the work could be done this Fall.
Meeting adjourned around 7:00 PM. Next meeting: Sept. 7th.
Minutes by MZO
OFFICE OF THE GORGE RANGER
City of Ithaca
202 Water Street
Ithaca, New York 14850
Gorge Ranger Report 8/11/97
Patrol observations / Signage I Enforcement
Parking Lot on Giles St.
Bulletin Board has been locked due to theft of color map stapled within
(spare key in Ranger drawer in WTP)
Request that pile of stones be removed or distributed
Litter spotty-cans,bottles, wrappers, cat litter
Two IPD officers recently surveilled the lot regarding numerous reports of break-ins.
Ranger not aware of any-no reports by patrons, broken glass, nor articles in IJ.
Dogs
Placed sign in bulletin board re. laws/rules on dogs
Advised numerous people re. above
Bicycles
Have seen very few bicycles this year- most likely as a result of prolific signage and
hounding by Ranger(began noting make, color, model of offending bikes and advising
of possible confiscation in future.)
Advised several persons that bikes are not allowed off the rec way.
(The signs apparently didn't convince them) -
30 Foot Dam/Reservoir
Graffiti -black and red paint about 6 feet in diameter on rock wall
Noted ocassional signs of small parties and fires
Dismantled a raft built of about Slogs and tied together with string/plastic.
Received several inquiries by persons who stated`lady ranger' said it was O.K. to
swim there.
Installed signs at Commonlands entrance re. NO BIKES - Six Mile Creek,-and
PROHIBITIONS. . . Some print on latter in Red(?) -Not as ordered.
1f ,
Gorge Ranger Report August 11, 1997
Page 2
Upper Trails/Potters Falls areas
Warned approximately four persons (male) to stay off trails when nude.
Trespassed(for remainder of 1997) and had one local man arrested by Sheriffs dept.
for Unlawful Exposure for failing to heed prior warnings.
Made patrol with Sr. Inv. Mark Dresser from TCSD. Confiscated small amt. of
marihuana and ordered several persons to cover themselves at both Potters Falls and
Thirty foot dam.
Trespassed two males from Binghamton area for(apparent) sexual activity at Potters
Falls.
Received complaint from.male patron re. unwanted sexual advances by gays
Sixty Foot Dam/Reservoir
Ejected several persons for swimming- some with inflatable devices.
Advised two men getting ready to launch boat on Burns Rd. to heed the signs re. no
trespassing/no parking.
Investigating recent report of public lewdness while on patrol at the sixty foot reservoir.
One suspect identified-will follow up with complainant and Sheriff's Dept.
Signage-have new sign advising location of public entrance(Commonlands) to be
installed on gate on ST-79.
Respectfully submitted,
Robert J. Dgicki
Gorge Ranger, 1997
DR AFT:4'y,
1I
TOWN BOARD MEETING PAGE 20 JULY 7,1997
DRAFT-DRAFT-DRAFT
Councilwoman Russell - The Town Board should postpone this decision until additional
information is available.
Terry Roswick, Ryan Survey - I have been working with Evan Monkemeyer on the proposal for
this land for approximately a year. Mr. Monkemeyer, the Planning Staff, and myself have
discussed this project several times. Mr. Monkemeyer had a wetland biologist from Syracuse
review the property. The biologist drafted her comments about the park land for the Town
Board to review in response to one of the Planning Board Members asking the biologist to
document her background and what discoveries were on the property.
The Monkemeyer properties were farmed many years ago and it has been slowly growing back
to their natural state. The biologist did not comment on, and did not walk further east on the
UNA. That has been heavily documented. They walked extensively over Mr. Monkemeyer's
property.
There would be the unique soils along with the unique micro climates of the area. The property
is a fallow farm field that is grown back to its natural state. (Mr. Roswick showed the Town
Board aerial photographs of the property in 1984 and 1994, and pointed out where the property
is in conjunction to the East King Road and Danby Road.)
RESOLUTION NO. 116: Motion made by Supervisor Valentino, seconded by Councilwoman
Harrison that the Town Board of the Town of Ithaca does hereby support the preparation of a
Preliminary Wetland Evaluation of the proposed South Hill Park Land parcels to determine
whether there are any state or federally regulated freshwater wetlands present; and be it further
RESOLVED, that the Town of Ithaca Town Board authorizes the Supervisor of the Town of
Ithaca to enter into a contract with Ichthyological Associates to conduct a Preliminary Wetland
Evaluation cf the proposed South Hill Park Land; and be it further
RESOLVED, that the Town Board of the Town of Ithaca does hereby approve an amount not to
exceed $300.00 in total to compensate Ichthyological Associates for services rendered, to be
transferred from Account#81990.400 Contingency into Account#88020.406 Planning Study.
A vote on the resolution resulted as follows:
Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye. Motion
carried unanimously.
(NOTE: See attached formal resolution.)
AGENDA ITEM NO. 13 - REPORT REGARDING EASEMENT W1TH THERM
INCORPORATED FOR SOUTH HILL TRAIL:
The Town Board received a memorandum from Attorney Barney in regards to the easement
with Therm Incorporated related to the South Hill Trail.
TOWN BOARD MEETING PAGE 21 JULY 7,1997
DRAFT-DRAFT-DRAFT
Dan Hoffman, Chair of the City's Six Mile Creek Advisory Committee - The Six Mile Creek
Advisory Committee became aware that a driveway was proposed for the Raponi parcel a few
months ago. The Committee received a petition from a number of residents who live in the City
and the Town who use the recreationway. The concern of the Committee is that the integrity of
the recreationway be protected. Crossings by motor vehicles is inconsistent with the use of the
recreationway. Not only inconsistent, but potentially dangerous. There obviously has been
considerable public investments in the recreationway by the Town and taxpayers of the State of
New York. From my perspective, the investment has paid off and it is very popular among
walkers and joggers. People are using it every day. People appreciate the chance of getting
away from the sites and sounds of the urban experience, and being close to natural settings.
There is only one place in the entire length of the recreationway where vehicles are regularly
crossing it. That is the property adjacent to the Raponi property. The driveway for that
property rests upon an easement that was granted before the Town received it's easement from
Therm. The two situations should not b compared. The Raponi easement was granted after
the Town acquired it's easement. Whatever rights the Town received should be protected from
that point on. The question is what actually did the Town receive for an easement from Therm?
It is reasonable to take a position that motor vehicle use is incompatible with a pedestrian and
bicycle trail. Certainly, if there were any serious injuries or accidents as a result of that conflict,
it would be most unfortunate. We have been lucky that the owner of the property, who has one
of the existing driveways does not appear to make excessive use of the driveway, but there is
no saying what could arise in a new situation.
Another concern is the precedent that would be set if the Town were to simply offer "yes" to this
second easement being added. There are other privately owned properties below the
recreationway whose owners could seek a driveway easement creating another crossing of the
recreationway. If the Town takes a relatively soft position on these crossings would be hard to
challenge or control future requested crossings. It is also important to keep in mind that this
property is not land locked if it does not have a connection across the recreationway to
Crescent Place. The property has sufficient frontage on Giles Street for a driveway. The
inability of access to Crescent Place does not land lock the property.
Councilwoman Grigorov -Would this driveway develop further or go to an existing house?
Mr. Hoffman - There is no house on the Raponi parcel at this time. For some time the property
has been for sale. It is my understanding that the owner received a driveway permit from the
City in order to make the property more attractive for sale, or to demonstrate that access to a
City street exists. The City has granted the Raponi's a conditional driveway permit, but before
the conditions are removed or made permanent, the City wants to know whether the Town
agrees that this is a valid easement crossing of the recreationway.
Councilwoman Harrison - Why didn't they seek an easement to go into Giles Street?
Mr. Hoffman - It is steeper, and this is less expensive. If this easement were valid the property
owner could claim frontage on Giles Street and Crescent Place. That is another concern the
TOWN BOARD MEETING PAGE 22 JULY 7,1997
DRAFT-DRAFT-DRAFT
Committee has, that development potential of the property is increased if access is provided to
Crescent Place across the recreationway. �-
Councilwoman Grigorov - How much property is this?
Mr. Hoffman -Approximately two acres. The understanding is that this driveway would be close
to, if not adjacent to the Guthrie driveway. There is some risk involved for people using that
trail. Some people may not expect a motor vehicle to be crossing their path. If someone has
been walking the trail for two miles and not thinking that an automobile is about to cross the
path, it could be a disaster. Right now there are no signs regarding the Guthrie crossing.
Councilwoman Harrison - Attorney Barney, how do you interpret the Town's potential legal
liability in that case, if someone gets hit by a car in this driveway?
Attorney Barney - The Town could be party to a lawsuit as being the holder of the easement,
and so would the land owner who owns the property at the time of the accident. The City could
be party to a lawsuit for issuing the permit. It would come down to who was negligent in the
accident. There are several places along the trail where there are existing easements granted
for pedestrian and vehicle crossing.
Councilman Klein - One way to protect the Town's interest would be for signage in that area.
Councilwoman Harrison - What kind of signs?
Councilwoman Grigorov -Warnings to pedestrians that there is a driveway crossing.
Councilman Klein - Vehicles would have a State sign indicating that they must yield for
pedestrians.
Councilwoman Harrison -What about the issue for precedence? If it became a whole series of
driveways then it would ruin the use of the trail.
Councilwoman Grigorov -The Town owns this, but Therm has an easement over most of it.
Attorney Barney - The Town owns it, but there is a substantial portion that was purchased from
NYSEG. There is another shorter portion where the Town has an easement from NYSEG for
them to have the right to put up utility lines if they need to. The Town acquired several
easements from landowners along the trail.
Councilwoman Harrison - Is there anyway that would be useful in addressing the concerns of
precedence and the numbers of access? Can the Town to put Therm on notice about these
concerns?
Attorney Barney - The Town could draft a letter to Therm indicating this is a public concern.
The City has declined the issuance of the permit unless the Town endorses it. There is nothing
that says the Town needs to endorse it. The Town should let the City work it out. The Town
has an easement from Therm. Therm was not under the impression that the Town was not
TOWN BOARD MEETING PAGE 23 JULY 7,1997
DRAFT-DRAFT-DRAFT
creating a barrier that no one could ever cross in the future. The Town could write a letter to
Therm explaining concern about the proliferation of the crossing.
Councilwoman Harrison - A reasonable approach would be not to say one or the other, except
that the Town is concerned about it.
Supervisor Valentino - That approach would put the Town on record by saying that we have
concerns about this access. That way the City cannot deny that the Town did not discuss this
matter.
The Town Board agreed to have Attorney Barney draft a letter to Therm and the City for their
review on the above issue.
AGENDA ITEM NO. 14 - CONSIDER MODIFICATION OF RESOLUTION NO.
153/SEPTEMBER 8, 1981, TOWN OF ITHACA WATER AND SEWER BENEFIT FORMULA.
TO CHANGE PORTIONS OF THE BENEFIT ASSESSMENT FOR WATER BASED ON THE
METERED WATER CONSUMPTION:
Supervisor Valentino - The Water and Sewer Benefit Committee have begun modifications that
we would like to see made. One of the things that came to the Committee's attention was the
regressive formula for deciding the water benefits based on consumption. There are three
tiers. The third tier is the most regressive, and the Committee is seeking to discontinue this tier
at this point.
Councilwoman Harrison - The sense is that this is still regressive, but the Committee cannot do
everything all at once?
Supervisor Valentino -That is correct. The Committee needs to work on these steps further.
Director of Engineering Walker - The Town has one customer that fits into the third tier, Ithaca
College. If the Town flattens the rate completely Ithaca College would go from 370 units to 900
units. The water benefit assessment would triple in one year.
Councilwoman Harrison - How many people does the second tier effect?
Director of Engineering Walker -There are three customers in the second tier.
Councilwoman Harrison -The third tier essentially deals with Ithaca College only?
Director of Engineering Walker - "Yes."
Councilwoman Harrison - Is there a way to do something with tier two and tier three so Ithaca
College is not eliminated, but the others are more equal?
Director of Engineering Walker - The Cayuga Medical Center and a portion of Cornell
University are the only ones in tier two.
Benda 8
THERM
FAX: 607-277-5799 • TWX. 510-255-5875 • TEL. 607-272-8500 • P.O. BOX 20 • ITHACA. NEW YORK 14851
ROBERT R. SPROLE II D IS (1
CHAIRMAN 0 CEO LfC Il1J• '
July 15, 1997
JUL, 17 1996
TOWN OF ITHACA
c 0 1:Dy
Catherine Valentino
Town Supervisor
126 E. Seneca St.
Ithaca,NY 14850
Re: South Hill Trail Easement
Dear Ms. Valentino:
Confirming receipt of your July 9th letter and our telephone conversation today regarding an
easement for the benefit of the Raponi property.
Please advise the Town Board that the Raponi easement has been an existence for a number of years,
which allows access to his property. Several months ago as I recall, an attorney, representing a
possible buyer of the Raponi property, contacted us to advise the possible sale of this property and
if we would allow modifications to the existing easement. We advised him that we would change
nothing in the existing easement and that it would have to pass to any new buyer in an "as is"
condition.
Please assure your Board that now and in the future Therm will not grant any new changes along this
trail with out the consent and approval of the Town Board.
I trust this letter clears any question on this matter.
Sincerely,
THERM,INCORPORATED
Robert R. Spro e, II
Chairman& CEO !'
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City of Ithaca .
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