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HomeMy WebLinkAboutTB Minutes 1984-05-31 TOWN OF ITHACA SPECIAL BOARD MEETING May 31 , 1984 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at twelve noon , on the 31st day of May , 1984 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwcman Marc Cramer, Councilman Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer Peter Lovi , Town Planner Leslie Dotson , Tompkins County Planning Representatives of the Media : Ellen Abbott , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . Supervisor Desch reported that the closing was held yesterday in New York City for the Town and City for the notes on the joint sewer project . The Town had 623 notes , the City had 425 . The Supervisor stated that the interest rate was printed wrong on the Town ' s notes so he had to sign all 623 notes by hand , which took him over one hour . REVIEW RECOMMMATIONS OF SIX MILE CREEK STUDY REPORT Supervisor Desch reported that in early April the Six Mile Creek Study Report was released . He went on to report that he had written to the Mayor of the City and they are in agreement that the Environmental Review should be completed before moving forward , but it has not been agreed that the Town should be lead agency . The Supervisor went on to say that the City filled out the Environmental Review on their own forms and attempted to get the Town Planning Board to review , however , the Planning Board would not review because the City did not follow Town procedures . The ® Supervisor presented the proposed Memorandum of Understanding ( copy attached ) . He went on to say that unfortunately, the nature of the recommendations make it hard to come up with something that is reasonable . The stumbling block is Noel Public Access and No . 2 Public Entrances . Can we afford to give up our authority to be lead agency for Noel and No . 2 ? No . 3 - Prohibited Activities . (City ) City property . No . 4 - Gorge Rangers . (City) No . 5 - Overseer Committee . (City) No . 6 - Circle Greenway . (City) t9l AGREa ENT The City of Ithaca and the Town of Ithaca agree that the City will be the lead agency and the Toi,m . titill bean involved agency on . recommendations numbered 1 through 6 and number 14 ( attached) . Recommendations numbered 7 through 13 have not been addressed at this time as to lead agency status . It is agreed by the City and the Town that the City lead agency designation on recommendations numbered 1 through 6 and number 14 , does not prejudice the To�.n ' s position as to determination of lead agency designation on items numbered 7 tizrough 13 . Nor does it create any presumption , that the City will be the lead agency in relation to further environme Mile Creek ntal studies regarding the Six Watershed area . John C . Gutenberger , Mayor . Dated : City of Ithaca Noel Desch , Supervisor Dated : Town of . Ithaca . i SIX 1111. E CRII. K ; lUl ) Y IltmiIIII l t iSUMMARY RI. CI ) r1► 1t. r► I )!1r 101-1 . *5 i t1, j 1JIiLRCnS . Six rti lu rrock i III% ) l .l rtt ( 11 , 16011 l y C I1, , t % • •. irli0fit i :11 l ( r , i1lhhrl' hnKly , arr ( t 1 vilr' rEAS . ,'lr• t u1' I IN i ti .-► 1, ( • a i s the City of I I h ,K , 1 � i:rt �' r tiul ) lrl r , :1n ( 1 11, aj 1,rHEREAS , the area already has W I d f Iowc1- f' r ( crvc• dt! 4 (. ►: 1, t iurl , .end WNEREAS . human impact On the area must be control Ied , TH : REFOf2E , BE IT RESOLVED , That the Six Hi le Creek Study Committee reccnnmends + th .tt lhC City of I th3ca institute a Six mile Creek mana ( 10nwnt prodrarn which includes the following : 1 . PUBLIC ACCESS . The City should pernril public access to the Sir. Hiie Gorge for walking, and nature study between Aurora Street and the sixty foot dam only on marked paths speciFied for such purposes , Access to the reservoir area above the sixty foot dam and the surroundino shore area should be prohibited except by special permit from the i Department of .Public Works for scientific studies . No access should be PO rmitted between sunset and sunrise . 2 . PUBLIC ENTRANCES . The Committee reconvnends that there be only six entrances , all to be markcd : i Hudson - Street at Renzetti Place , 6 Giles Street at Columbia at the present stairway , Giles Street into the Indian Camp Ground ( west of bridge ) . t Giles Street to VanNatta ' s Dam Pond ( east of bridge ) . Giles Street just below East State . Street , i Slaterville Road ( Route 79 ) as near Honness Lane as possible . i ( to be selected by Circle Greenway in consultation with 1 the Town of Ithaca . ) r Public parking for gorge use should be maintained only at Vanhatta ' s Dam Pond just south of Giles Street bridge . ; . PROHIBITED ACTIVITIES . The City should prohibit the folIowinq activities throughout the gorge area : S►-1 i nun inq Boat inq Ice ske . linq_ Campinq Lit ter Inct Amp IIFicd Sound Woctd c u t I i nci Tr' alrlt i ncl Rick e I i lilt ) ; ncl .ind rape 1 I i n (1 Hunt inq , Shoot inq and carr' yinq armN Motorized vehicle and bicycle riding E Pl ,� nl Jid ( 1in ( 1 C , 1n . 111111 ) 1 inn ( 1, F . r 1 , 111 C. bovor4111 , , 1I' . 1I y k irrll _ _. Clr . i inn i . , Ie Creek Study Committee Su(n1) 1a1" y of Reconunendat ions f y , GORGE RAtJGER . The position of Six Mile Creek Goroe Ranger should be establ -ished to advise users of regulations governing Six Mile Creek and to demonstrate the City ' s intention of protecting such a unique natural area . The Ranger should be provided with adequate communication equipment to communicate readily wi. th law enforcement agencies . The Ranger will work under the direction -of the Superintendent of Public Works and will serve as liaison with the Overseer Committee and Circle Greenway . 5 _ OVERSEER COMMITTEE . The Mayor should restructure the current committee as the Six Mile Creek Overseer Committee for a period extending through June 1985. This committee will continue to work on the long - range plan for the Gorge and monitor the results of the recommendations 1 accepted by the City . Changes to the Six Mile Creek Master Plan or Map should be reviewed by the Overseer Committee prior to imp ] ementi3tion - by the Board of Public Works . 69 CIRCLE GREENWAY . The City ' s Circle Greenway should continue to maintain trails and the Wildflower Preserve within the Gorge and should work closely with the Department of Public Works in these matters . It will explore and open new trails in accordance with the Master Plan or Map . It will provide certain educational services . CRITICAL ENVIRONMENTAL AREA DESIGNATION . The designation of the Six 7 Mile Creek as a Critical Environmental Area ( CEA ) pursuant to the State Environmental Quality Review Act ( SEAR ) would serve the best interests of the City of Ithaca . , i a . The Planning and Development Committee should begin j consideration of CEA designation for the section of t Six Mile Creek from Aurora Street to the . City limits . b . The Planning and Development Committee should initiate ' discussion with the Town of Ithaca Town Board concerning the possibility and, the specifics of CEA designation for the Town of Ithaca section of Six Mile Creek . • T 80 CONSERVATIO14 ZONING . a . Specific boundaries are recommended to form a Conservation Zone within City limits that would further enhance existinn zoning by creating new construction guidelines . ; b . The Planning . and Development Committee should initiate discussion with the Town of Ithaca Town Board concerning the development of guidelines for a Conservation Zone for the Town fof Ithaca section of Six Mile Creek . l ■ I t Page Six Mile Creek Study Committee 1 Summary % Of Recorrrnendations 9 , MAINTENANCE a . All DPW maintenance and construction activities in the E Six Mile Creek area should be carried out in an environmentally sensitive manner with proper . Department of Environmental Conservation permits , ' with 'appropriate Town of Ithaca environmental review , and consistent with !r the City ' s water supply needs . b . Regular training of City personnel in environmentally sensitive stream woodland work techniques , and long - range erosion control measures should be developed in cooperation with the DEC . i 10 . SIX MILE CREEL; MASTER PLAN OR MAP . The City should budget for and adopt a Piaster Plan or Map for Six Mile Creek which includes all present and approved future roads , trails , cle.aredareas , and structures r to be maintained or created . ` l 11 . EDUCATION . The City , acting through the Six Mile Creek Study COmMittee , should widely publicize , by late April ; the new policies and rules for r public use of Six Mile Creek Gorge , I Circle Greenway should be given the task of overseeing the educational t uses of the Gorge . i . 120 ALTERNATIVE SWIMMING AREAS . In order to relieve pressure for natural swimmingin the Gorge , the City should study swimming possibilities at Stewart Park , Beebe Lake and other places . . 13 . PROPERTY . ACQUISITION . The City should consider acquisition of certain properties - now privately owned ( or the development rights thereto ) , j within the Gorge or along its rim , in order to create a buffer zone I of more consistent width . The City should_ also explore the feasibili -ty of developing a joint recreational corridor , together with the Town of Ithaca , along the south bank of the Gorge . i 144 SIGNAGE . The City should direct the DPW in consultation with the SMCSC to provide adequate and attractive signage to alert the public to the ' rules and regulations covering trails and hazards to the Gorge . I I a ;- Town Board 2 May 31 , 1984 No . 7 - CEA Designation . (Town ) No . 8 - Conservation Zoning . (Town) Clearly in the Town . No . 9 - Maintenance . ( Town) Fuzzy area . If in the Town , like dredging , the Town would want to get involved . No . 10 - Master Plan . (Joint) No . 11 - Education . (Joint) No . 12 - Alternative Swimming Areas . (Joint) Depends on where . No . 13 - Property Acquisition . (Joint) Depends on where . No . 14 - Signage . (City) Clearly Cities prerogative if it wants signs . Town Planner Peter Lovi stated that he had talked with a representative of DEC . DEC feels the Town should be lead agency • but there is no clear funding approval that pulls it into the Town . If the proposed Zoning Ordinance had been passed , it would have to be reviewed by the Planning Board . He went on to suggest that the P-1 Zones be adopted in the interm and then finish the review of the remainder of the Zoning Ordinance later . Then the Ccomissioner would know we had adopted the Zoning Ordinance , this would strengthen our hand with DEC rather than point to the Master Plan which takes joint cooperation . He again said he would reccmrend that the work in the P- 1 zone be subject to site plan review . Supervisor Desch asked if the Six Mile Creek Study Group had access to our Zoning Ordinance ? Town Planner Lovi responded yes , they have been in several times and have several copies . Supervisor Desch questioned the Town Planner if he wished to have only the interm zone adopted ? The Town Planner responded , he would prefer we adopt the whole zoning ordinance . Councilwoman Raffensperger questioned why the lead agency status for the Town was not asserted earlier by the Town Representatives . She went on to say that clearly , if there is a conservation area , it is in the Town of Ithaca . She said it was clear that the Town had an administrative function . Town Engineer Fabbroni questioned the need for Item 1 and 13 . He stated that it seems better to leave them out . Supervisor Desch responded that they were put in now so they wouldn ' t become and issue later . Supervisor Desch asked if anyone had a problem with the determination of any of the items ? Councilman Cramer questioned Item # 6 , Circle Greenway . Town Planner Lovi responded they are saying an extension of Circle Greenway trails in the Town . Circle Greenway is acting as an agent for the City of Ithaca . Councilwoman Raffensperger reminded the Board that Circle Greenway ® is not a City camdttee . Town Planner Lovi stated that he recommends the Town be designated also in Item # 6 . Councilwoman Raffensperger asked why the Town was so unhappy with the recce mendation ? Supervisor Desch responded , the unwillingness on the City ' s part to become involved in the Town ' s problems on Items 1 and 2 . 99 � Town Board 3 May 31 , 1984 Town Planner Lovi reported that in the meetings already held , the City has not taken into consideration the Town ' s concerns . There has never been a reference in the minutes to the Town ' s Representatives concerns . Councilwoman Raffensperger stated that she has had an interest in the area for quite some time . If the Town ' s Representatives were having this much problem then the Representatives should have come to the Board and not waited until now to have a confrontation with the City , at this point . The minutes never indicated . there was a problem . Mr . Lovi responded that the Town ' s Representatives realized that ® this was a City Committee and the City can make its own recommendations . Councilwoman Raffensperger stated that it looks like we are now playing got you . Supervisor Desch remarked that the City is overstating the problem that the Town wants lead agency status . Councilwoman Raffensperger stated that she went to the public hearing and heard the Chairperson say this is what we are going to do and when . She went on to say that she did not hear Peter Lovi or Montgomery May speak up for the Town . Supervisor Desch said the question is , how strong do you feel about the breakdown proposed in the Memorandum of Understanding . Councilman Cramer stated that the Town must have concern with public access , swimming and conservation zones . These areas are Town concerns and the Town must be lead agent . There has been no real contact with the Town to date . Councilwoman Raffensperger responded that this was not a fair statement , there has been plenty of contact . Supervisor Desch noted that it was hard to determine when lead agency starts . Today may be the last day . Councilman Kugler stated that he agreed with Councilwoman Raffensperger . Our representatives have not told the City how the Town feels . Therefore , we ( the Board) must let the City know what our representatives failed to inform the City . Supervisor Desch suggested that perhaps No . 1 and 2 could be joint . Mr . Lovi responded , can ' t do that , only one agency can be lead agency . Supervisor Desch suggested that a group consisting of the Town and City representatives could be lead agency . Mr . Lovi responded , no . ® Supervisor Desch asked why the City couldn ' t be lead agency on No . 1 and 2 for the City and the Town on No . 1 and 2 for Town property? Mr . Lovi responded that this would not be acceptable to the City . The Supervisor went on to say that the intent of the letter to the Mayor was to state that the Town has a primary interest in the items marked with an X for the Town and the Town desired to be lead agency . B91 Town Board 4 May 31 , 1984 Councilwoman Raffensperger questioned the Town Supervisor , its No . 1 and 2 that keeps you from approving the remainder , isn ' t it ? Supervisor Desch responded yes . The Planning Board wanted to be lead agent on all items . Councilman Bartholf asked what the timetable was . Town Planner Lovi responded , as soon as possible , they want to start marking trails . Councilman Cramer asked if any part of the Water Quality Review Act might prohibit any of the activities ? ® Town Planner Lovi responded that the Water Quality Review Act only prohibits trespassing on water . Councilwoman Raffensperger questioned the designation of the Town on No . 9 - Maintenance . Supervisor Desch responded that when dredging materials has been left for a long period of time , it could result in a major dredging operation that would be a concern to the Town in so far as disposal were concerned . Town Planner Lovi remarked that as a provision of the City ' s license for hydropower , they must have an affirmative recreation action in conjunction with the hydropower . The Town sees a problem with the City ' s proposed hydropower plant in Six Mile Creek , the area should be fenced . Councilwoman Raffensperger remarked that the Town had not passed a resolution on hydropower , which would have given us rights . LOCAL ADVISORY BOARD OF REVIEW RESOLUTION N0 , 90 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Councilwoman Gloria Howell and Councilman Robert Bartholf to serve on the Local Advisory Board of Assessment Review for the Town of Ithaca on June 7 , 1984 from 3 : 00 P . M. , to 6 : 00 P . M . ( Desch , Kugler , Raffensperger , Cramer , McPeak, Howell and Bartholf voting Aye . Nays - none) . ADJOURNNIEIVT The meeting was duly adjourned . Clerk 0LT