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CB Minutes 1992
MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, JAN 2, 1992 Agenda 7.00 pm 1 . Report of the Chair 7:10 pm 2. Persons to be heard, Member concerns and information. 720 pm 3. Approve meeting minutes of Dec. 12 and additions to Nov. 14 (enclosed), 730 pm 4. Discuss Work plan for 1992 8:30 pm 5. Discuss committee structure and appointments Agriculture Open Space Procedures/Bylaws Environmental review Resolutions 9:00 pm 6. Committee reports. 9:25 pm 7. Agenda items for next meeting 9:30 pm 8. Adjournment CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard Fischer Eva Hoffmann [aura marks Phillip Zarriello Corrected Minutes Town of Ithaca Conservation Advisory Council January 2, 1992, Adopted 1/ 16/92 PRESENT: John Whitcomb (Chair), Candace Cornell, Eva Hoffmann, laura marks, Phillip Zarriello ALSO PRESENT: James S. Ainslie (Agriculture Committee), Valorie Rockney (Recording Secretary) EXCUSED: Celia Bowers, Richard Fischer Chair John Whitcomb opened the meeting at 7:07 pm. REPORT OF THE CHAIR: John introduced Jim Ainslie, from the Agriculture Committee, and welcomed him to the meeting. He also handed out the 1992 CAC meeting schedule. John has received -the NYS Open Space report. Public Hearings are scheduled for January 16. He will make the report available at the planning department office. He will present the Town Open Space Report to the CPC on January 6, at 7 pm, and then to the Town Planning Board. He is also preparing the Annual Report for the Town Board. PERSONS TO BE HEARD: There were no persons to be heard. MEMBER CONCERNS: Candace Cornell reported that tomorrow at noon the County is having a meeting at the Courthouse about the proposed increase in the sales tax. Eva Hoffmann will attend if she is free to do so; if not, John will attend. 1992 WORK PLAN: John asked for ideas on what needs to be done. Candace submitted the attached list of ideas, which is attached. The list includes: I. Passage of Open Space Report II. Land acquisitions and easement programs, including networking with other communities, and work on getting assessments lowered for conservation easements. III. General organizational suggestions, including internal issues such as developing by- laws and orienting new members, as well as issues of relationship with the public such as improved linkages with other Town Boards and Committees, developing a brochure, and devising a short-term community project such as tree -planting. IV. Needed changes to the Open Space Report, such as planning of biological corridors, delineation of wetlands and woodlots, researching of buffer zones, historic sites and wildlife habitats. Corrected Minutes Town of Ithaca Conservation Advisory Council January 2, 1992, Adopted 1/ 16/92 V. Suggested changes for the 1992 Open Space Report. John pointed out that the Agriculture Committee Report needs to be brought to fruition. Laura said that refinement of the Open Space Report is needed. John said that a more detailed mapping is needed (an environmental atlas). He also pointed out that resolutions could be worked on by committees before being brought to the Board. Valorie was, asked to sort through previous minutes and list resolutions that need other action. Scott had started a list, which needs to be found and brought up to date. Eva said that she would like to do a rating of Scenic Views. Phillip hopes to incorporate a GIS into the OS inventory, as this would facilitate refinements in the report called for by other members. Digitizing OS information in the report would be required, using some new equipment. John suggested that he get together with DanWalker and work on it. John then asked the CAC to prioritize these tasks. He feels that the most important tasks are: - Completing the Open Space Report - Completing the Agriculture Report - Defining the CAC's role in the Town Comprehensive Plan Eva felt that it would be good for the CAC to routinely get drafts from the COC. John said that clearly committees for Open Space and Agriculture are needed, and he asked if the CAC- felt that the ERC should be continued. Candace and laura said that members of the Planning Department wanted to see it continue, preferably with scientific and technical expertise. Candace said that a short-term committee for By - Laws and Procedures is needed, to continue the work begun by Dooley and Scott. Laura would like to write up some materials for Marty Luster and Mike Cavanaugh about the State CAC legislation, with the goal of beings helpful to other CAC's. John asked who would work on these committees. Phil offered to work on the Open Space Committee. He will also work ad hoc on the ERC. Laura said she would work on the Agriculture Committee. Jim commented that the Committee hasn't met for a long time. A graduate student of Stu Stein's had done a survey of all farms in the Town. and the information needs to be pulled together. Eva offered to continue on the ERC, and she will also work with the OSC, especially on scenic views. Candace said she will work ad hoc on the Procedures/Bylaws Committee. She will compile Dooley's materials plus the information from the meeting last January, and bring it to the next meeting for review and possible approval. Eva felt that the Views project will be short-term and could generate favorable publicity. Phil suggested documenting scenic views for presentations and reports and historical records to be kept on file at the Planning Department office. John asked Eva to chair the ERC, and she agreed to do so. He will call those members not present and enlist their help. 2 Corrected Minutes Town of Ithaca Conservation Advisory Council January 2, 1992, Adopted 1/16/92 COMMITTEE REPORTS: Open Space: Candace reported that John did a great job of presenting the report to the Town Board. She asked that planning the public presentation should be on the agenda at the CAC next meeting. Agriculture: Jim reported that the Committee will meet again in January, after January 13, when Christiann Dean returns, Environmental Review: Eva reported that the Committee hasn't yet met for a long time. John will give her a copy of the Town Board Resolution. It was agreed that agenda items for the next meeting would include: -Scenic Views feedback -Discussion of the Agriculture Report -Discussion of procedures In addition, it was felt that the Open Space Report could be discussed, with the understanding that additional feedback would be yet to come. APPROVAL OF MDWTES OF 12/12/91: Laura asked that on p. 4, the word "buy' be changed to "accept", and that the following be added: "Laura requested that environmental issues for the Comprehensive Plan originate from the CAC, not from staff. Floyd felt he could not agree to this request." Phillip asked that "methodologies" be changed to "methods". John asked that Valorie put "Adopted" on the final version at the top. Laura moved the minutes be adopted with these changes, Candace seconded this motion, and the minutes were adopted with Eva abstaining because she was not at the last meeting and all other members present voting to adopt the minutes. There was discussion of Dooley's amendment to the November 14 minutes. After some discussion, there was general agreement to table this amendment. John will listen to the tape, and the amendment will be considered at the next meeting. The next meeting will be held on Thursday, January 16, 1992. The meeting was adjourned at 8:38 pm. Minutes prepared by Valorie Rockney, January 3, 1992. 3 H TOWN OF ITHACA 126 EAST SENECA STREET ITHA" NY. 14850 CONSERVATION ADVISORY COUNCIL AGRICULTURE COMMITTEE Tuesday, January 14. 1992 8:00 A.M. AIS CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY 615 WILLOW AVENUE. ITHACA AGENDA 1. Consideration of Committee's report on Agriculture in the Town of Ithaca. 2. Discussion of Committee's work program in coming year. 3. Other business. 4. Adjournment -- 10:00 a.m. George R. Frantz Assistant Town Planner Committee Members: Christlann Dean, Chair Jim Ainslie Monika Crispin Laura Marks John Whitcomb, ex officio If you are unable to attend the meeting, please notify George Frantz at the Town planning department at 273- 1736. Approve -c21— Minutes Town of Ithaca Conservation Advisory Council January 16, 1992 (Revised 2/6/92) PRESENT: John Whitcomb (Chair), Candace Cornell, Richard Fischer, Eva Hoffmann, laura marks, Phil Zarriello ALSO PRESENT: George Frantz (Planning Department), Valorie Rockney (Recording Secretary) EXCUSED: Celia Bowers Chair John Whitcomb opened the meeting at 7:10 pm. REPORT OF THE CHAIR: John reported that he and Candace attended the State DEC Open Space Hearings in Syracuse and gave testimony. He called the CAC's attention to the short and long lists of priorities in the State OS Report. Additional measures that he and Candace recommended include an increased priority rating for Green Lakes State Park in Region 7, buffer areas around state parks, and also higher priority for a site in Danby which is the only place in the world to have a particular species of reed grass (it is globally endangered). Three local people, Barbara Blanchard, Stu Stein, and Jim Hansen, are on the site selection committee. The local EMC's have been notified. On Tuesday January 21, at 8:30, the Town Open Space Report will be presented to the Planning Board. Candace will make the presentation. PERSONS TO BE HEARD: There were no persons to be heard. MEMBER CONCERNS: Dick asked what skills the CAC is looking for in its search for new members. John said that scientific and technical expertise would be desirable. MINUTES: The following corrections and revisions were made to the January 2, 1992 minutes: p. 1. January 6, not January 16 p. 2. Delete "T' after COC p. 3. The Committee hasn't met for a long time p. 3. Should include the date of the minutes: 12/12/91 p. 3. In Phil's statement, add "and historical records to be kept on file at the Planning Department office." 3/r-Af9I. Minutes Town of Ithaca Conservation Advisory Council January 16, 1992 ( Revised 2/6/92) p. 2. Also in Phil's statement, change to "hopes to incorporate a GIS into the OS inventory, as this would facilitate refinements in the report called for by other members. Digitizing OS information in the report would be required." Laura moved (Candace seconded) that the minutes be passed with these corrections. This motion passed unanimously. John then called for comments on Dooley Kiefer's corrections, revisions and additions to the minutes of November 14, 1991. John had prepared a response to the materials that Dooley submitted. Laura had prepared an alternative to both versions. Candace suggested a clearer method of labeling tapes. Laura proposed and Dick seconded a motion to reject both Dooley's and John's additions to the minutes. Instead it should be noted that that Dooley's letter of resignation is on file for anyone who is interested in the details. Candace, laura, John, and Dick voted in favor of this motion, Eva voted against it, and Phil abstained. John will ensure that copies of Dooley's and Ruth's resignation letters are placed in both files and in the CAC notebook. Candace will ask Nancy to keep a correspondence file. SCENIC VIEWS: Eva handed out a preliminary list. She asked members to get her information in writing about additional scenic views that should be considered. Candace will poll Town residents in her area. Dick and laura volunteered to work on Scenic Views drive- throughs. After some discussion it was decided not to limit consideration only to natural views, but to extend it to any view that is beautiful. Eva will coordinate a series of drive-arounds in early February. Dick developed a series of articles illustrated by photos of trees of Tompkins County, which was widely used by the EMC. He wondered if the Grapevine would be interested in picking the 10 best views in the town. This could be a good short-term project, perhaps for Arbor Day, to increase visibility for the CAC. John asked Dick, laura, and Candace to work on these issues with Eva. FIRE PROTECTION TAX LEVY: George handed out a proposal on the reduction of the Fire Protection Tax Levy on agricultural lands. He will give a copy to Nancy to be the official copy. This proposal originated when a farmer wrote to Shirley Raffensperger, asking that the Fire Protection Tax Levy be reduced. As of l/ 1/92, legislation has been passed enabling Towns to do this. George showed a spreadsheet he 2 Minutes Town of Ithaca Conservation Advisory Council January 16, 1992 ( Revised 2/6/92) had prepared showing the financial impacts. This measure would cost the town about $4,000. It would need to be passed by the Town Board before March 1, 1992. The Agriculture Committee is asking for a resolution by the CAC favoring this resolution. George also reported that all Town farmers had decided to re -enroll in the Ag Districts for another 8 years, which the Council agreed was very good news. Dick, seconded by Candace, moved that the CAC support the resolution (1992.01 - attached). Phil asked what the very small land holdings represented. George replied that the were part of and adjacent to the rest of a family farm. The motion was carried unanimously. George will prepare a cover memo from John to Shirley. Agriculture Committee: The CAC then considered the Agriculture Committee's Draft Report. Eva asked why Cornell Plantations was considered agriculture use. George replied that, according to the CLEARS definition which the Committee is using, the arboretum and horticulture were included in the definition of agriculture use. John pointed out that some of the categorization may be a carry-over from previous use at the Plantations. George will look into this. Several other CAC members noted other corrections and revisions which George noted on his copy of the draft. John requested that CAC members get comments and questions to George or Christiann. Phil thought that farms should be required to file a conservation plan to quality for the program. John that this was an excellent idea. Dick asked who sponsored the survey. John said that Christiann and the farmers on the Committee had done so. George commented that the economic section had been written by Monika Crispin. John thanked the Ag Committee for their hard work. Procedures/Bylaws: Candace requested the people please get her their comments and revisions by 2/6/92. She said that much of the material in the proposed procedures and bylaws was taken from the work that Dooley and Scott did. Plan Public Presentation of Open Space Report: John said that Shirley Raffensperger prefers that the CAC note comments from each group and incorporate them all in one single large group of revisions. After some discussion of possible times, it was decided to plan the presentation at the February 6 meeting of the CAC. Committee Reports: John said he will officially appoint committees after consulting with committee chairs. 3 Minutes Town of Ithaca Conservation Advisory Council January 16, 1992 ( Revised 2/6/92) Plan Agenda for February meeting: It was agreed to work on the following items: •planning the public presentation of the OS Report *working on the by-laws, using revisions previously prepared Eva asked whether the CAC was going to discuss the proposed laws that had been sent with the agenda. After discussion of the proposal for an ordinance relating to required plantings, and the memos from John Barney and Floyd Forman, there was concern that enactment might limit the Planning Board's flexibility. John asked CAC members to forward their comments to him in writing. Eva pointed out that the proposal does provide for some latitude on the part of the Planning Board. It was agreed to put the proposal on the agenda for next time. The next meeting will be held on Thursday, February 6, 1992. The meeting was adjourned at 10:43 pm. Minutes prepared by Valorie Rockney. Revised 2/6/92, JGW -19 MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, FEB. 6, 1992 Agenda 7.•00 pm 1 . Report of the Chair 7.05 pm 2. Persons to be heard, Member concerns and information. _._7: t5 pm 3. Approve meeting minutes of Jan. 16 (enclosed) 7:20 pm 4. Plan public presentation of Open Space Report 8:15 pm S. Consider 2 Resolutions (enclosed) 8:30 pm 6. Consider Draft Agriculture Report (enclosed) 9:00 pm 7. Committee reports 9:15 pm 8. Other business as time permits: Draft Local Laws (mailed 1/16) 9:30 pm 9. Adjournment CAC Members: John G. Whitcomb, Chair Eva Hoffmann Celia Bowers laura marks Candace E. Cornell Phillip Zarriello Richard Fischer MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, FEB. 20, 1992 Agenda 7:00 pm 1. Report of the Chair 7.05 pm 2. Persons to be heard, Member concerns and information. 7:15 pm 3. Approve meeting minutes of Feb. 6 (enclosed) and Jan. 16' 7.20 pm 4. Preview public presentation of Open Space Report 8:30 pm 5. Consider "low flush" resolution (enclosed) 8:45 pm 6. Discuss Bylaws distributed at 1/2/92 meeting. These are in rough draft and are to inspire discussion only. Please bring your written comments. 9:15 pm 7. Committee reports 9:30 pm 9. Adjournment CAC Members: John G. Whitcomb, Chair Eva Hoffmann Celia Bowers laura marks Candace E. Comell Phillip Zarriello Richard Fischer Minutes Town of Ithaca Conservation Advisory Council Public Information Meeting, February 23, 1992 LOCATION: National Cash Register Inc., Danby Road, Ithaca, NY PRESENT: John Whitcomb (Chair), Candace Cornell, laura marks, Phillip Zarriello EXCUSED: Celia Bowers, Richard Fischer, Eva Hoffman ALSO PRESENT: Members of the public (signup sheet attached) Chair John Whitcomb opened the meeting at 3:12 pm. OPEN SPACE REPORT: John gave a slide presentation describing the rationale and development of the Open Space Report. After the slide presentation, members of the public were invited 'to make comments relating to the Report. Several people responded. ACTIONS: Since the purpose of the meeting was only to exchange information, no official actions were taken. However, the CAC agreed to review and , to the extent practicable, address the concerns expressed by the public. ADJOURNMENT: Meeting was adjourned at approximately 5:15 pm. Attachment: Synopsis of public comments Submitted for approval at the 3/12/92 CAC meeting. Approved: 3 -- 12- — 12, SYNOPSIS of PUBLIC COMMENTS at TOWN OF ITHACA OPEN SPACE REPORT INFORMATION MEETING FEBRUARY 23, 1992 (Prepared by C.E. Cornell) MEETING COMMENCED at 3:12 PM CAC members present: John Whitcomb, laura marks, Candace Cornell, and Phil Zariello Elsa McMillian, 812 Elmira Rd., Ithaca: farmer- received the Ag report but not an OSR and wondered why. What was the percentage of respondents to the Residents' Survey? She did not send hers back. How was the report circulated? Does the Ag Report Committee talk to the CAC? Doria Higgins,12 Hillcrest Drive, Ithaca: Represents the Alternate Neighborhood Association of West Hill. Excellent photographs and a very good start. Was seriously concerned about the omission of Cayuga Lake in the OSR despite the report saying that it deserved emphasis. Suggested that the Town, City, and County organize to , protect the Lake especially from the increase in boating and population density. Lewis Roscoe: Director of Campus Planning at CU- Commended CAC on its work. Emphasized the importance of having a Town Comprehensive Plan and coordinating that with the Cornell's Natural Areas Planning. Would like to coordinate certain boundaries of CU land with the CAC. Gave the CAC a copy of the current CU Natural Area Map. There are a few errors in the CAC's mapping that should be corrected: the Cascadilla Creek Corridor between Game Farm Road and Judd Falls Road has the former railroad bed; west side of Pine Tree Road bordered on north by Mitchell Street area should be changed to separate the CNA from the developed land where there is present construction (Polo Barns) and approved construction (tennis bubble); Fall Creek Area near Tower Road and CU Plantations is not open due to a fleet garage. Orson Ledger, 192 White Church Road, Brooktondale: farmer from Brooktondale- Bureaucracy makes it hard to do what you want to do with your land. Wildlife habitat is not a problem and will not be for several centuries. Do- gooders should buy the land outright. He feeds birds and can't visualize not having a space for them. If you want to buy the land, he'd be willing to sell his. 1 Laurie Todd, 849 Davis Road, Lansing: farmer from Lansing- The OSR is a paradigm for plans. Parts of the plan bothers her. This committee was not mandated by the State. There's a question of mandate vs. mandatory. The "Plan" is not just about protecting the environment but about controlling development rights and about politics. Wants to see the political aspects of the "plan" acknowledged. Flaws in developing the plan. The process in developing these plans did not have representation of landowners. A good plan should be honest. The "Plan" has hidden agendas. ' Page 15 talks about ultimate purpose is eliminating development. Agendas should be honest. There's a lot of self- interest in this plan. "I've got mine, you shouldn't have your." She also questioned how the maintenance of open space keeps land values high. There is a need to clarify the terms CEA and UNA. These terms are subjective. EMC has no farmers on their board and is therefore not representative. There is no clear definition of environmental protection. What is the cost of taking away development rights from people. There needs to be money for compensation. Cost of taking away property rights must be compensated. There needs to be a baseline. Protecting what? You need something to start from to compare to in the future. We need to expand the criteria of how we got definitions. People who wrote plan clearly wanted to limit development with hidden and political agendas. She also criticized zoning. John Babcock, 600 Cayuga Hts. Road, Ithaca: Polled audience for number of owners of report and landholdings in the Town. Felt the OSR was a whimsical misuse of 5th Amendment rights, confiscation of land without just compensation, and land use regulations. Quoted Justice Holmes about private land rights and ownership. He disputed the use of the word "protection." He owns four out of the top 32 "hit list." Questions wording - protection from whom? OSR sets up an adversarial relationship. He defends landowners as good land stewards. He quoted Councilman David Klein as saying of the Town Survey "We are going to testify that these findings are 100% scientifically sound." Mr. Babcock views the OSR's scheme as condemnation. "Forever Green" vs. a nefarious motive. "Private land is a public playground" and dwelled on the aspect of taking land with no compensation. "Confiscate without compensation, control, and take away rights. The land is his form of old age security. Landowners are good stewards who pay tremendous taxes. A free lunch to the 23% of people "cajoled" into responding to the Residents' survey. As taxpayers we paid for the study and now as taxpayers we will pay court fees. David Auble, 380 Coddington Road, Ithaca: Lives on South Hill. Congratulated Laurie Todd and John Babcock and applauded their remarks as on target. He attended many sub -committee meetings and was the only non-member 2 present. Alleges Town meetings are not announced and not accessible to taxpayers. He resents the inaccessibility of the meetings of the Open Space Committee. To call this not a plan is rather - it certainly is the forerunner to a plan. Viewed OSR goal to stop development in the Town altogether. Overall tone of report is negative. The OSR puts landowners in a negative connotation. The OSR is an attempt to control peoples' property. He pays heavy taxes on the land he doesn't use- open space. He expects to recoup this money when he sells or develops it. OSR is an attempt` to control peoples' property. People have relied on the rules that were in place when they bought the land. Their investments will be damaged. The OSR rules are going to change the investments of landowners, especially retired people. It is discriminatory and unjust. They bought land as an alternative to the stockmarket. Everyone should have a choice. It is a thinly disguised attempt to stop development and control private property. This was obvious at the subcommittee's meetings' comments. The whole impact of this plan will be costly. It will cause a severe shrinkage of the tax base for the Town of Ithaca. This is being kept as an unpublicized fact. Taxes and rents will go up - everyone will feel the impact. The OSR concept has merit. Landowners have been good stewards. He feels that they are the .proper people to oversee their land. If you had a purchase offer on a piece of your property and the buyer saw this report in the Town Hall, it would severely diminish the value of the deal. There would be severe impact on the landowner. Recommends an economic analysis of the whole process. He warned the OSR could be racially prejudicial and effect elderly, tenants, low income housing. Restrict development which seems to be, the goal of the OSR. Many areas on the map do not seem to be appropriate to preserve. Unfair that property owners should have to defend his rights as a land owner. Tammo Steenhuis, 266 Pennsylvania Avenue, Ithaca: It is essential to save natural resources for our children. Land owners must also be compensated and taxes have increased more than inflation due to the development in the Town. You (Auble) apparently are a responsible land owner but others are not. Susan Beeners, 20 Bald Hill Road, Danby: Commended the CAC for the report despite inconsistent and limited professional support. Would like to offer a few refinements to 'improve the documents. The Town Board charge was to develop a natural Resources Inventory and OSR pursuant to the General Municipal Law. Suggested making overlays using some of the resources of the Comprehensive Map information to detail the natural resources. This will designate the exact location of the important natural resources. She also commented that existence of approved development proposals- with final site plan approval or special zoning don't qualify as open space. 'She listed the current 3 proposals to be considered developed areas: Shalebrook, Poyer Subdivision, Chase Pond, Orchard Park Subdivision, Tellet Subdivision, Ithaca Estates, Black Oak Lane, Southwoods, Cornell Tennis Facility, Indian Creek, and Retirement Community has been zoned. Adjacent parcels to these areas need extra protection. Water and sewer is an advantage to sound development to a property. Shouldn't be penalized for these services. The Sewer Use Law designates that no sewer service within a 100 year floodplain within 45 years. For Inlet Valley Town should segregate those areas that reasonably will not be able to have hook- up. Wetlands need to specify jurisdiction such as DEC or ACE and how they were identified- aerial survey, field identification, or from maps.. Whether they already are delineated or will be in the future. It appears that the Amherst report was used to derive the equation. CAC has confused permanently protected areas with DEC permits, floodplain regulation, CNA, and deed restrictions. We should work with Lew Roscoe To look at all CNA and fix inconsistencies. Should give more value -to regulations already in place. Technical clarifications about ownership of certain parks, trails, and buffer area to see if they are existing or proposed parks or 10% set asides or buffer zones or what. These areas are:15, 66, 34, 42, 16, .46, 97, 88, 89, and 90. Area 141 is not a CEA. Area 68 is now a City of Ithaca watershed. Nancy Gabriel, 1746 Ellis Hollow Rd: Donated development rights to Finger Lakes land Trust. - Doesn't share the optimism that all private farmers are good land stewards. She has seen the farm she grew up on developed and wildlife vanish. She wrote letters to her government representatives but no one could stop the destruction she saw. She described how the FLLT could help you set aside your land for conservation. You can keep ag land in agricultural. She related her story _ of telling her family about her decision to put her land in the FLLT and their support. Her daughter's response was that she was very relieved. She greatly appreciated OS report. Noemi Kraut, 428 E Seneca St., Ithaca: landowner- thanked and agreed with Mr. Babcock that they are good stewards of the land. Fifteen years ago Coy Glen was studied by a graduate student to become a Town park. The landowners organized against protecting Coy Glen. Their group consumed a lot of the time of the Town attorney. The Town did get grant but had to turn it down due to the loud outcry of the land owners. She received the survey but it did not serve her needs. She has real doubts who the 20% were who answered the Residents' survey. Were they taxpayers or those looking for a free lunch? What we did for Coy Glen will be repeated. We'll enlarge our base and organize. We do not intend to give up our American democratic rights. If we want to sell the land to you and we will demand open market value for our land. We will not sell land that has been in our 4 A v families for generations unless we want to do so. "If you think Coy Glen was a fight, it was child's play compared to what we will do _against the OSR." Pat Driscoll, 214 Texas Lane, Ithaca: OSR stigmatized landowners owning the top 32 parcels. She recommends preparing a financial impact statement on the cost to protect land that was identified. Serious lawsuits will arise as we try to regulate and protect these areas. What will be the impact on the remaining taxpayers in Ithaca. She thinks -it is a plan because it is part a process. What will be the fees for condemnation due to eminent domain. David Collum, 1456 Hanshaw Rd., Ithaca: Respects concerns about the control of landowner's destinies. Development in Ithaca is poorly constructed and not targeted in a specific direction. We have to stop haphazard development. Non -targeted development must be stopped. This is the baseline for targeting. There seem to be hidden agendas in this document. The use of the word "protection" is scary. If this document had been existent before, he would not have gotten into a battle with a local developer. If the over -taxed planning board had something to refer to describing ecologically important areas, that area would have been saved. This is not a plan. It is to help the Planning Board make proper decisions, to red flag those areas in need of preserving. The public never did control the destiny of its land. In time this document will take shape. The planning board can always let the number one area be developed. Now this is a red flag to the planning board to ask them. to look more carefully before they make their decisions. It would prevent a developer from putting a motel complex on top of the gorge. I would like to see the people on the CAC admit that they would like to stop development. I would like to see it stopped without infringing on anyone's rights. Robert Todd, 843 Davis Rd., Lansing: Tompkins Co. Farm Bureau- The fire tax incentive reduced his taxes by only fifty dollars.. As long as there is a list, it is completely unfair to red flag areas. It raises the question of a "taking." It is unfair to have a list. This is not a mandated program. (He read the mandate.) Suggested ending the CAC based on the testimony of the people here today. Because your farm is developed doesn't mean that farmers are not good stewards of the land. It's because property taxes get too high. Compensation here means that land shall be taken without regard to the 5th Amendment rights. Compensation is mandatory. The 5th Amendment says that land cannot be taken without just compensation. He said that this report is essentially a "Takings". He says CAC does not have a good handle on the financial implications to the Town. P11 r Dr. Kraut 428 E. Seneca St., Ithaca: What is the specific cost to date of fostering this whole process, have heard on the air, on television? Assumes you know what the total cost has been, It would be easy to compute. Have there been additional people hired? Wants those figures by the next Town meeting. Laurie Todd: Both sides should keep talking. People need to understand the definitions and how they were defined. You based a lot of your definitions on the EMC's which people already have problems with. You also based this on the State's Open Space Plan which is highly controversial. We need to acknowledge this and keep both sides talking. END OF MEETING, 5:15 -PM MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126, East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, March 12, 1992 Agenda 7.00 pm 1 . Report of the Chair 7:05 pm 2. Persons to be heard 7:10 pm 3. Member concerns and information. 7:15 pm 4. Approve meeting minutes of Feb. 6 (mailed previously) and Jan. 161 7:20 pm 5. Discuss public information meeting on Open Space Report (notes enclosed) 8:30 pm 5. Consider "low flush" resolution (mailed previously) 8:45 pm 6. Discuss Bylaws distributed at 1/2/92 meeting. These are in rough draft and are to inspire discussion only. Please bring your written comments. 9:15 pm 7. Committee reports 9:30 pm 9. Adjournment Members: Please notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Eva Hoffmann Celia Bowers laura marks Candace E. Cornell Phillip Zarriello Richard Fischer Minutes Town of Ithaca Conservation Advisory Council March 12, 1992 PRESENT: John Whitcomb (Chair), Celia Bowers, laura marks, Phil Zarriello EXCUSED: C. Cornell, R. Fischer. E. Hoffman Chair John Whitcomb opened the meeting at 7:10 pm. Due to an erroneous announcement in the Ithaca Journal (3/18/92) of a CAC meeting to discuss the Open Space Report (OSR) approximately twelve citizens were present in the audience (see attached list). As a courtesy to these citizens, the CAC suspended their planned agenda and had a participatory discussion with the audience to answer their questions for the first hour of the meeting. John Whitcomb announced the plan to discuss the OSR from 7-8 pm and suspend the agenda due to the overwhelming interest of the public attending the meeting. He explained the history and objectives of the OSR including the NYS Municipal law and the Town Board resolution and directives to the CAC. He commented that the NYS law is over 20 years old and was established in a better economic climate. Land acquisition is no longer as viable an option for many municipalities. He explained the procedures for determining and ranking the physical features in terms of their intrinsic values. He continued to describe the entire formula to arrive at the values for "Need of additional protection." The CAC worked as far as it could on its own and needed input from the public and other Town boards. He emphasized that the intent of the OSR was not to permanently restrict development in certain areas. He also stated that the OSR has no intention of "taking" anyone's property rights. The CAC is an advisory committee to the Town Board and cannot take any official action on its own. Phil Zarriello described the idea (after a discussion with Candace Cornell) of dividing the report into three parts to facilitate its passage and simplify its objectives. We should immediately divide the OSR into. two parts. Part A would be simply the inventory that describes what features there are in the Town. This would basically be the spreadsheet. There should be little discussion over this since it is a fairly accurate description of the Town. Any errors would be rectified before its presentation. Part B would be more controversial describing methods of conservation and protection where necessary. Part C, to be completed next year, would be an environmental atlas showing exactly where on each described open space area features of concern are located. Included in this atlas would be delineations of the wetlands and stream corridors in the Town. This atlas would be of great use in reviewing site plans for development because of its specificity. [Phil included a ranking and acquisition program in Part C which was theoretically to be Part D.] JW: As pointed out in the public meeting, this report is the baseline document for the Town. It will be rewritten to make it clearer to the public and presented again to the public. Noel Desch: What happens to the process if we do not rank the open areas? JW: John has left messages with Mike Cavenaugh of the DEC to ask him exactly that question. What is the current view point of the State on this law? Do we really need to rank areas in these economic times where acquisition would be minimal? The size of areas was also discussed, including the aspect of farmland protection. John mentioned the Agriculture Committee's report and some of the public reaction to it. Celia Bowers: Stated that there have been diverse responses from farmers in the Town ranging from leaving them alone to including them more in the report for protection. JW: John Babcock describes this as a "gender gap" where many young farmers want protection from development to keep the price of land lower. Some of the older farmers are looking towards retirement. Considering these divergent viewpoints, the future of farming in Ithaca is certainly a major point of discussion. Jim Ridall: What do you do if your property is ranked high? Phil: Described the concept of breaking up the parcels in the revised report to focus protection on sensitive areas and make it clear that other areas were accessible to development. Jim Ridall: Questioned the concept that preserving open space increases neighboring land values. John Whitcomb acknowledged that this was not clearly written in the report and needs further explanation or perhaps omission. Phil: The OSR should make it easier for the residents and planners in determining which areas are best for development. Jim Ridall: Questioned scenic view ratings. He thinks these are prime areas for development. Celia Bowers explained that the scenic view part of the report is advisory for siting buildings not to block the views as much as possible. It might be prudent to increase the density of units in a certain area to prevent the blocking of an especially important view in another section of the land. The Town may suggest the number of units to be built and their position based on recommendations from many sources including the OSR. The OSR is only advisory and makes no attempt to limit development. It makes no attempt to limit the number of units or their value. Mr. Ridall argued that the OSR has nothing concrete to advise the other boards with. Phil reiterated that we don't want Ithaca to become overdeveloped comparable to Dong Island. The same person from the audience argued that it is his land, he's taken care of it, paid the taxes, and should be free to do as he likes with his property. John Whitcomb explained that ever since zoning was enforced 50 years ago, no one could do as the truly wanted with their land. Zoning was established to protect the health and welfare of the community as a whole. Mr. Ridall conceded that zoning was useful if done properly. However, the OSR is not advocating zoning, and has nothing to do with "health and welfare." It is a form of protectionism. Jerry? argued that the CAC has not solicited the public's opinion in the formation of this report. The OSR is taking away the value of peoples' land. It already is a "taking." Noel Desch stated that the. existence of even this much of the report devalues land due to the implied uncertainty it gives to land values. Who will buy any of this land? laura marks stated 2 we need to move ahead quickly to have this adopted to take away the aspect of uncertainty. Elsie McMillian: Her farm is rated number nine on the list. 20 points of the score is water and sewer. She never wanted water and sewer. There aren't any new houses out there that need water and sewer. laura appreciated her comments and said that water and sewer will be revalued. She asked for written comments with concrete ideas as opposed to subjective ideas. Bill Hilker argued that his comments over the last eleven months on his behalf and the Ithaca Taxpayer's Association have never been included. Phil suggested that perhaps we should subtract water and sewer since it is an existing infrastructure. Jim Ridall: Stated that -zoning effects everyone: The OSR singles out certain people and is not fair. It does not effect everyone in the same way as zoning. Mr. Berggren: Scenic views were again discussed along with cluster housing and zoning. John Whitcomb stated that we are receiving the brunt of discontent of the citizens regarding the Comprehensive Plan. He mentioned the problems with the 32 area cut-off which we will reconsider. Celia discussed the value of diverting building from valuable physical features such as steep slopes, streams, wetlands etc. We would like to eliminate ranking to reduce the controversy. The audience questioned where we got our model for the report. laura relayed that our model was from Amherst that stressed recreational values. John Whitcomb discussed that we need woods and wild areas as opposed to more parks. He relayed information about conservation easements and discussed the results of a recent Open Space conference that he attended. The problem we have is the Tompkins County assessment system. We need to coordinate with the surrounding towns to prevent urban sprawl. Further discussion ensued about the problems of incentive for creating conservation easements in our county. JW: Discussed the economic benefits of having open space and the necessity of planning future development. This conserves money by -limiting expensive infrastructure construction. Bill Hilker: If the purpose is to establish areas that the Town wants to acquire, mechanisms should have been established prior to the report. JW discussed alternatives to outright purchases of land such as purchase or transferal of development rights and conservation easements. Bill is in favor of the Finger Lakes Land Trust and not the Town. Celia discussed revenues for acquiring land purchases from taxes. JW emphasized that tourism depends on the rural nature of the Town. 3 The Ag Committee report will be revised to facilitate the entire process. Mid -April is Christiann Dean's target date. JW brought up the question of how to handle ag lands and prime soils. The audience suggested that farms are disappearing and the value is in development of these lands. It might be too late to save farming in the Town. Krys Cail (West Hill Neighborhood Assoc.): concerned with steep slopes. The issue of taxation is complex and fascinating. The maintenance of infrastructure is more expensive in certain areas, especially on steep slopes. She outlined the problems of building on steep slopes. Allowing building on steep slopes that are too steep could introduce the aspects of outside developers who are not community residents and will not be responsible for the ensuing repair costs of the infrastructure. She commended the OSR for identifying areas that are not suitable for development which is the function of the report. She discussed the concept of parcels that are in danger of development stemming from the potential west hill four lane roadway. We need to look at the greater good, how does it effect tourism, the community satisfaction with our area, and views the issue of taxation as intriguing. JW stated that our intent was not to hurt any landowners in the process. Elsie McMillian: Questioned what the score for the ACE had to do with her property. laura asked her if she had wetlands on her property which she does. Elsie mentioned the Supreme Court case regarding a wetland in North Carolina where an owner was not permitted to do something bad to his land such as build a house. JW stated that the courts have held up for a long time that you cannot remove all economic value from a property. You cannot build on a wetland but if that is all there is it is considered a "taking." There are three poignant case before the courts at present. Bill Hilker: Where did the determination of a 15% steep slope figure originate? laura stated that 15% Ron Brand's, the planning consultant, recommendation. To help you visualize slopes, the lower part of Buffalo Street is 12% with the upper part 17%. Route 13's hill to the northeast is less than 10% and barely met Federal standards. JW discussed researched erosion control guidelines on steep slopes with 25% being an absolute unsafe "no build" zone. Celia suggested that most people would not be hampered by these regulations. Mr. Hilker questioned the ranking of his area #68. JW went over the features and point values assigned. laura informed Mr. Hilker that his property is adjacent to a Unique Natural Area and reiterated that getting rid of the ranking is a good idea. Mr. Hilker brought up the concept that his steep slope is minute yet effects the value of the entire area. The council responded that it is a flaw in the report Girard Oberrender wondered how much the OSR cost. JW responded that is was done primarily by volunteers and used very few public funds. We used a part-time planning technician for three months. Celia stressed that the 1990 Residents' Survey was a vehicle to determine what the citizens wanted for the future of the Town. It was a democratic process and well designed. The audience argued that it was not appropriate and had hidden agendas. Mr. Hilker stated that the Ithaca Taxpayers' Association had the survey analyzed and concluded that it was biased, undemocratic, not well written, or well done. 0 Mr. Oberrender wanted it clear that the. ranking would be omitted if the State allows. Pat Driscoll: Wanted to know if the questions raised at the public meeting 2/23/92 have been researched yet. She was especially concerned about the issues raised by Sue Beeners. JW replied that these factual issues have not been researched yet because three members of the council have been out of the State. The CAC's plan is for the CAC as a whole to discuss the entire document to plan what the finished document should be, the Open Space Committee will re -write the document, the CAC will then review the document and present it at another public meeting. The process may take up to three months. Ms. Driscoll wanted to know when the minutes from the 2/23/92 minutes will be available. Another questioned was asked if more copies of the OSR would be available. The wisdom of printing more was discussed in light that drastic changes were impending. JW would make copies available to all on the sign-up sheet of tonight's meeting and of the 2/23 meeting. He discussed why we did not contact individual landowners. The main reason was that the areas were created blindly to reduce bias. This is also the reason why tax parcels were not used. He stated that we had adequate publicity in the news media. Phil stressed that the CAC welcomes public comments. JW commented on the unfortunate reaction of the public and the sinister innuendos of land "Takings." Martha Oberrender questioned why this process has been so secretive. JW replied that all meetings were publicized at Town Hall and the Journal has been informed of all proceedings. There has been no attempt to keep any meetings secret. The Taxpayer's Association wants to be on the mailing list of meetings. The regular agenda was commenced. Member Concerns: Phil discussed a meeting he went to with Representative Maurice Hinchly to establish a fund using existing soda, beer, and motor oil tax to provide matching grants for acquiring existing mis-managed parks, solid waste recycling and materials market, and to provide funds for landfill closures. Concerned citizens should contact Marty Luster. JW thanked the public for coming to the meeting. Phil added that the Finger Lakes Land Trust asked the CAC for a resolution of support on the Hinchly matter. Report of the Chair: JW attended the Agriculture and Open Space Conference 3/12/92 on how to preserve open space. Persons to be Heard: Pat Driscoll discussed the difficulties of breaking conservation easements and stressed caution on establishing them. Mr. Desch stated the Ag Report was more informative than the OSR because of its concrete recommendations. JW stated that we had decided not to include recommendations in the report. laura: Low flush toilet resolution. Kevin Kaufmann at reported that NYS has passed a similar iaw. Suppliers can use up present supplies which might take five years. She suggested refining recommendations to require all new public buildings not on sewer systems to use low flush toilets to preserve the septic systems. Dan Walker said that these toilets might cause problems in a few areas but in general he saw no problems with the concept. Celia asked the 5 purpose of having only a five gallon flush system. John directed laura to redraft the resolution. laura asked why it could not be simply amended here tonight. John asked her to think about it while he relayed that laura's previous resolution for the Town to use recycled paper had gone to the Town Board. Sally found out the current cost of recycled paper which is about 25% more than regular paper. NYS law does allow towns to buy recycled paper if the cost is less than 10% of regular paper. Sally cited other rumors where recycled paper doesn't work as well in copiers. The Town is willing to use recycled products where the costs are not more than 10% more. Town Hall is actively recycling paper. Celia asked if they were still using styrofoam coffee cups. John suggested personal contacts with the people in town Hall work better than sending memos. Bylaws: Candace drafted bylaws and wanted comments. laura asked if they need to this involved. Celia doesn't care about bylaws. Committee Reports: Ag: Christiann hopes to get the farmers comments back by the end of April. Open Space: Phil reported that Candace will write the report as previously discussed including an executive summary that will be sent to residents free of charge. He discussed our ideas for delineating wetlands and stream corridors as part of the atlas. laura reported that there is a development constraints map George produced with fairly accurate overlays except wetlands. laura suggested that there are only two wetlands not mapped. Stream corridors are probably not formally represented on the George's map. Phil reiterated the three potential parts. Part A is simply the spreadsheet description. Part B is potential modes of protection. Part C is atlas with biological corridors and perhaps a ranking. {Part C is biological corridors. Part D is the environmental atlas.} If the State ever gets out of its fiscal quagmire, we should rank the areas to potentially acquire lands if funds are established. Somewhere down the road land acquisition might be possible and take away the negative reaction of the public. This is far in the future. laura suggested that we clarify our intentions in the introduction and general protection mechanisms. By separating the sections, the public will view this more positively. The executive summary will describe the process to help the public understand our intentions. laura suggested using a fictitious property map to walk the public through the process. We will discuss this in more detail. Minutes: February 6, 1992. laura moved to pass the minutes. John asked if the CAC approved of the format. Celia seconded. Passed by three, Celia abstained. January 16, 1992 had a few corrections suggested by laura. laura moved to be passed. Phil seconded. Passed by three, Celia abstained. Public meeting on February 23, 1992. laura moved acceptance. Phil seconded. Would like to add that the public's comments would review and incorporate, where practical, the public's comments. With that addition passed by 3. Adjournment: 9:05 pm A v8 L2,- ."7 Ki'll MINUTES 4/2/92 Conservation Advisory Council, Approved 4/23/92 John Whitcomb opened the meeting at 7:07 pm. Present: Celia Bowers, laura marks, Phil Zariello, Candace Cornell, John Whitcomb. Absent: Eva Hoffmann, Richard Fischer Audience: Noel Desch, Chad Eiken, Ed Hallberg 1. Report of the Chair: none 2. Persons to be heard: Noel Desch from the audience questioned -if the Open Space Report be discussed? John Whitcomb stated that it will be discussed later. 3. Member Concerns: Phil met with the Finger Lakes Land Trust to get the Environmental Trust Fund passed through the State Senate. The Fund requires open space inclusion in N. Y. State Parks and protected areas, sets up municipal matching grants in historical and cultural areas, provides matching grants for starting municipal recycling programs, and provides matching grants for the closure of municipal landfills. The funds will come from already existing tax bases and will be very beneficial for our Town and all others throughout the State. Phil presented this resolution for a vote. -A correction was accepted to change our name to the Conservation Advisory Council. laura moved and seconded by Celia. Resolution passed unanimously. Phil will meet with Senator Steward with the representatives of the Finger Lakes Land Trust. Phil would like the endorsement of the Town Board for added weight. 4. Minutes of March 12. 1992. Candace corrected page 2 paragraph accept the minutes and they were seconded by Celia. Minutes passed unanimously. 5. Low Flush Resolution: Changes are recommendations of the resolution included in the package were to read "places that are not being serviced by sewer will use low flush toilets and that within 3-5 years every place in NYS will use low flush toilets as the current inventory of standard flush toilets is exhausted." Dan Walker agreed with this recommendation. Low consumption toilet do not cause problems. Problem pipe areas will perhaps be identified sooner but low flush toilets do not cause problems themselves. laura moved and Phil seconded the motion. Passed unanimously. 1 MINUTES 4/2/92 Conservation Advisory Council, Approved 4/23/92 points but this needs further discussion since they also effect biological diversity.. John discussed his interpretation of the DEC's version of needing to rank open space in NYS law 239 x and y. , It is up to the municipality and could be ranked by total intrinsic value. laura suggested that we ask the Town Board whether we should rank the open areas or not at all. John said the DEC will probably accept whatever the Town Board decides. We will present several choices to the Town Board. These choices are to rank by intrinsic value or not rank at all. Ed Hallberg (from audience) suggested a qualitative ranking in terms of very, moderate, less sensitive areas or- features. The CAC discussed that this is not really different than what we have already done. Using qualitative descriptors is also arbitrary. The future atlas and its forthcoming usefulness to the various planning agencies in Town was also discussed. Committee Re ort: Open Space Committee: Recommend the new report contain five parts. The introduction will be a short executive summary free of charge to all Town residents explaining the report. Part A would be the rationale for doing the report and would basically be a more user-friendly rewrite of the original report. The emphasis will be on the usefulness of the report and address the public's comments. Part B would be the inventory after certain rechecks on zoning and soil types, water, sewer, and other protection mechanisms. Certain large areas would be split to divide the sensitive features from non sensitive. Part B will be purely a factual inventory of the features of the Town and should not generate controversy. Part C would be detailed delineations of the stream corridors by Phil and the wetlands by Candace and their assistants. Part D will be a precise environmental atlas pinpointing each feature of concern exactly where they exist on the properties. This will be the most useful part of report and very time consuming in its creation. The Comprehensive Plan Maps will provide a basis for the environmental atlas which will probably be a series of overlays in the initial stages. Our goal should now be to complete Part A and B. Since A is the key to raising the CAC's status to a CAB, it should be done first. The CAC discussed the possibility of using a grid system to divide areas in the Town. Phil pointed out 3 .Town of Ithaca Conservation Advisory Council April 2, 1992 Resolution Endorsement of the Environmental Trust Fund The Environmental Trust Fund (A.7613.A) introduced by Assemblyman Maurice Hinchey has passed the New York State assembly but awaits approval by the New York State Senate. The Environmental Trust Fund would designate revenues from existing taxes to: 1) Acquire open space for inclusion in the state parks and protected areas, 2) Provide matching grants for municipal parks, historical preservation and urban cultural park projects, 3) Provide grants for starting municipal recycling programs, and 4) Provide matching grants for closure of municipal landfills. Whereas the acquisition of open space owned and managed by the state preserves and enhances the quality of life in the state, provides wildlife habitat, and preserves quality of air and water, and whereas the state provides funds for local governments to acquire open space in developed areas with cultural or historical significance, and whereas reducing the waste stream to landfills by initiating recycling programs will benefit all residences of the state by reducing the need for costly landfills and keep resources in productivity with less environmental impact than developing from raw material, and whereas proper closure of existing landfills through matching grants will assist local governments financially and help advert harmful and costly environmental problems. Be it resolved the Town of Ithaca Conservation Advisory Council endorses the Environmental Trust Fund legislation and encourages its passage by the senate as important and necessary to the long term welfare and quality of the state. Passed unanimously by the CAC 4/2/92. Town of Ithaca Conservation Advisory Council April 2, 1992 Resolution Ranking of Parcels from the Open Space Report New York State General Municipal Law Article 12.F Section 239X and 239Y enacted in 1972 allowed townships to create Conservation Advisory Councils (CAC). The Town of Ithaca passed a resolution in February 1990, which established a local CAC under the aegis of the New York State Municipal Law for the primary purpose of conducting and maintaining a index of the Town's natural resources. Section 239Y of the municipal law required as part of the creation of a CAC an open space inventory with a ranking of significant environmental features listed according to priority of acquisition and preservation. Whereas New York State Department of Environmental Conservation which oversees CAC's has generally left the determination of ranking to the discretion of local town boards, and whereas ranking open space has received extensive public comment expressing concern over the potential effect of a ranking on landuse, and whereas ranking implies greater restrictions on land development for higher ranked parcels, and whereas ranking is perceived by some as arbitrary and capricious. Be it resolved the CAC -recommends to the Town Board of the Town of Ithaca that the ranking of parcels from the open space report be deleted and greater emphasis given to identifying and prioritizing important natural, historic and cultural features. MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:30 P.M., THURSDAY, April 23, 1992 ©TTlM �r��1fi9�I�C Working Session Agenda 7:30 pm ' 1. Open Space Report Report on Town Board discussion Discuss outline of revised report 8:45 pm 2. Where do we go on Bylaws? (mailed previously) 9:10 pm 3. Committee reassignments 9:20 pm '4. Approve meeting minutes of April 2 (will be handed out at meetingya 9:30 pm S. Adjournment Members: Please notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard Fischer Eva Hoffmann laura marks Phillip Zarriello Approved Conservation Advisory Council Minutes, April 23, 1992 Meeting called to order at 7:41 pm by Vice Chair Candace Cornell. She announced John's flight from LaGuardia flight had been delayed and he would arrive later. Present: Celia Bowers, Dick Fischer, Cornell, with John Whitcomb arriving Excused: Eva Hoffmann Staff: Floyd Forman, Chad Eiken. Audience: Bill Hilker, Dave Auble Phil Zariello, laura marks, Candace at approximately 8:30 pm. 1. Minutes of 4/2/92: Minutes were passed out at and required reading time for the members. Minutes have all resolutions and votes in italics. Several minor corrections were noted and discussed. It is important that all votes and resolutions are to be written in minutes verbatim. Phil's incomplete resolution regarding recommendations to the Town Board regarding the inventory ranking will be attached to the revised minutes. laura moved to approve the minutes with the motion seconded by Phil. The minutes of 4/2/92 were passed unanimously as corrected. 2. Bylaws: Celia thought they were too complicated and precise. laura would like to have the original comments of Scott and Dooley discussed at a meeting before any bylaws are written up. The next packet will contain the original comments by Scott and Dooley and the prepared version. laura wants to discuss the contents before the bylaws are drafted. Dave Auble asked what bylaws are for? Floyd responded that all Town committees have their own bylaws. They establish basics such as quorum contents. Candace reiterated that the bylaws show the basic operating procedures of the organizations. Mr. Auble would like access at the meeting to the agendas and perhaps the previous minutes. Agendas could be provided. Minutes would not be available until approved and could then be acquired from the Town Clerk. 3. Member concerns: laura would like to investigate the design and installation of septic systems in the Town. Celia questioned the fate of the septic contents after the tank is cleaned and the issue of the penny sewage tax. Discussion of septic systems and leach fields ensued. Floyd suggested that the County Health agent speak to the CAC on the subject. The CAC agreed that laura could pursue this investigation. Floyd discussed the 1 Approved Conservation Advisory Council Minutes, April 23, 1992 progress of the stream corridor and steep slope EPODs. If a land owner disagrees with the EPOD, the land owner has the right to delineate their own property. It would be a permit process and would be a proving process to the Town Planning Department. Floyd discussed with the audience the process and instances where topological surveys are necessary. Candace added that erodible soils should also be considered in the process. John Whitcomb arrived at 8:30 pm 4. Open Space Discussion: Candace discussed the report of the Open Space Committee. The rationale was to integrate the public comments into the report. She_ discussed the division some of the larger areas to separate the sensitive areas from land that could be used for other purposes. The attempt was to cluster the sensitive features such as steep slope, wetlands, and stream corridors away from land that is without special features. The areas cannot be divided by acreage but must take into account the features. The question of having two lists (publicly protected areas vs. developable open space) or combining the lists with the publicly protected areas highlighted in grey was discussed. A single list was favored. John described the presentation he gave on 4/11 to the Town Board. John presented three options to the Board: 1) leave the report as is with cosmetic changes, 2) have a non -weighted system with all features receiving the same value such as 1 or 10 points, and 3) have no ranking and purely present an inventory. The OSC decided to decrease the size of the large areas that automatically rank highly because of their size. Ms. Raffensperger suggested ranking areas by Total Intrinsic Value (TIV) for a future acquisition plan, describe protection mechanisms by their level of review, (Type I action requires the long form of the Environmental Impact Statements (EIS).) Candace described the OSC's decision to recommend areas with 50-110 TIV points require Positive Declaration and areas with 40 TIV points require Type I actions. The CAC at the 4/2/92 meeting decided to remove scenic views from the inventory. The CAC hopes that the Eva will prepare a scenic views report which could be used by the Planning Board in site Plan review. The OSC recommends a rewritten OSR that will include an Executive summary. Part A will contain the rationale, purpose and intent. Part B will be a strict inventory with an non -weighted system, Part C will be a discussion of recommendations. The CAC will then prepare an Environmental Atlas including delineations of wetlands and streams. The K Approved Conservation Advisory Council Minutes, April 23, 1992 OSC suggested that areas with 50 TIV also require CAC comment. We need to find a way to encourage the Town to- follow through with Positive Declarations on Type I actions. The CAC needs to decide if it will rank the areas at all, if it will divide large areas, and what its recommendations should be for the highest ranking areas. Celia commented on the past history of the ERC and its reports. She doubts that environmental review will be effective depending on the political climate of the Town. Floyd feels that requiring an EIS may be excessive, depending on the level of cooperation of the individual developer. Candace mistrusts the concept of depending on each developer's cooperation. Floyd questioned requiring all developers, because of the ranking system, to expend funds on EIS forms that may not be necessary. John stated that the CAC wanted to develop a tool for all the planning staff and Boards to evaluate development proposals. Floyd argued that all they need was information, not required EIS's. Phil stated that this needed information basically is an EIS. Floyd reiterated that an inventory was the. most useful item the CAC could supply the planning staff. laura discussed the usefulness of the OSR. Her concept of the ranking is that the State wanted a definition of those areas that require more investigation. Celia stated that the ranking is flawed in this report. She believes that historical and cultural areas (buffer zones, parks, trails, and cemeteries) should be taken out of the report entirely. She views that the report should be a natural resource inventory only. She thinks that the CAC is mixing up essential ecological areas with areas enjoyed by everyone e.g. parks. John reiterated NYS Law 239 x and y included natural, historical, and cultural areas. laura felt that ranking was necessary because it will focused the CAC's energies. Candace favors ranking because it differentiates the valuable areas from those that are not. John stated that there will never be a perfect ranking. The ranking might be over emphasized by someone reviewing a project. Candace stated that Karl Niklas promoted the unweighted ranking system. The OSC will review again the areas to make sure that they include their features. Celia wants to eliminate historical and cultural features. Candace mentioned that many people in Town care about historical and cultural features. She also questioned if we are totally going to ignore the State Mandate and the Town's resolution. Phil mentioned that some developers are willing to work with the Town 3 Approved Conservation Advisory Council Minutes, April 23, 1992 government but there are others who will not. Candace agreed. The Environmental Atlas will be the definitive solution but will take a long time to develop. Floyd stated that SEQR will protect the town from uncooperative developers. However, a new Town government could change policies at any time including disbanding the CAC (CAB) and ignore and discard the OSR or Open Space Inventory. Floyd suggested setting a policy of working with the Finger Land Trust or set up our own protection or acquisition system. Phil stated that an unweighted system with the environmental atlas would be the most protective and palatable to some residents. Candace felt that the atlas is at least a year and a half away from completion and the Town needs something now to protect open space because areas are being developed and these concepts should be incorporated in the Comprehensive Plan. Phil hopes that the inventory will be used by the Planning Board to assist with strict environmental review. John agrued that a non -ranked inventory with strong recommendations for protections would be the most effective. His plan would be to have Part A be the rationale, Part B would be the inventory with no ranking, and Part C would list available protections and strong recommendations for additional protection. These three parts would be submitted to the Town Board for approval. The intensive Part D would be the most useful and precise section of the effort and would be completed later. Candace motioned that we have an executive summary (user-friendly), and Parts A -D as described above. Dick seconded. Motion was carried with Candace, John, Dick and Phil voting in favor. .laura and Celia abstained. Celia requested more discussion on the subject. Council decided that The CAC would act as a "committee of the whole" in regards to the completion of the Open Space Report. Candace will continue to chair this expanded committee. The next meeting will be on May 7th. 5. Adjournment: 9:45 pm. 2 MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, MAY 7, 1992 Agenda 7:00 pm 1. Report of Chair 7:10 pm 2. Member concerns 7:20 pm 3. Persons to be heard 7:30 pm 4. Open Space Report To rank or not to rank? (New information) Develop outline (suggestions attached) If time permits: 9:20 pm 5. Where do we go on Bylaws? (Dooley and Scott outline attached) 9:20 pm. 6. Approve meeting minutes of April 23 (attached):' 9:30 pm 7. Adjournment Members: Please notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard Fischer Eva Hoffmann laura marks Phillip Zarriello NO � i Y1 Vq DRAFT MINUTES Town of Ithaca Conservation Advisory Council May 7, 1992 PRESENT: John Whitcomb(Chair), Celia Bowers, Candace Cornell, Richard Fischer, laura marks, Phillip Zarriello EXCUSED: Eva Hoffman ALSO PRESENT: Elsie McMillan, George Sheldrake, David Auble, Alfred Eddy, Mike Murphy, Ellen Murphy, Michael Carr, Andrew Maria. Chair John Whitcomb opened the meeting at 7:07 P.M. REPORT OF THE CHAIR: John Whitcomb reported that the Comprehensive Planning Committee had passed the draft Goals, Objectives, and Policies of the Comprehensive Plan and will be holding a public information meeting on that section of the plan on May 28, 1992 at 7:00 P.M. in the NCR cafeteria. The draft will be out for review shortly. Codes and Ordinances Committee had completed the draft of the stream corridor and steep slope Environmental Protection Overlay District. The Town Board will be going to the Town Board for discussion on Monday, May 11, 1992 at 7:00 P.M. The Open Space Report will be discussed at the same Town Board meeting at 7:30. MEMBER CONCERNS: Candace passed out a visual EAF addendum form that might be helpful in completing SEQR reports. In addition, she passed out a sample of the City of Rochester's Open space Inventory field survey form for members to view. She called attention to an article in the Ithaca Journal on May 4, 1992 reporting that Marty Luster had proposed a bill to facilitate city and regional land use planning. Celia reported on the proposed Cayuga Cliffs development. The soil types are of the Hudson and Dunkirk soil group, which can cause extreme problems with erosion. She was concerned that the proposal had been with the planning staff for several weeks and that the CAC had not been incorporated into the review process yet again. This is a major development in an environmentally important area. In order to be effective, the CAC needs to be incorporated into the. review process early. laura moved that a memo be sent to the supervisor and Town planner saying the CAC was disturbed to note that the CAC had not received information on the proposed Cayuga Cliffs development in sufficient time to review the plan to give a recommendation to the Planning Board before the plan was first introduced to the Planning Board. Celia seconded. The motion passed unanimously. PERSONS TO BE HEARD: There were none. John said that he would open the floor again later after the CAC discussion of the Open Space Report. OPEN SPACE REPORT: The discussion of the direction of the Open Space Report continued in order to give a recommendation to the Town Board for their May 11, 1992 meeting. Candace moved to rescind that the motion from the previous meeting on the format of the document, John seconded in order to facilitate discussion. After much discussion, it was decided to recommend to the Town Board the following: • The first section of the OSR will include the rationale, purpose and possible uses of the report. • The second section will be a spreadsheet, ordered by area number. The spreadsheet will list all environmental, historic and cultural features, resulting in an Open Space Inventory. An accompanying table or chart will tally the number of natural or ecological features identified in each open space area. These include wetlands, habitats, slopes, gorges, mature woods, prime soils, DEC streams, floodplains, habitats, ponds, reservoirs, UNA's and CEAs. These will be ranked in a column entitled "Total Number of Features Present". This table will constitute the Open Space Index. • The last section will define and explain the various mechanisms available for protecting or preserving open space. • A new draft document will be prepared and presented at a well- publicized public information meeting. There will be a charge for the report, as before. However, the CAC recommends that an executive summary be prepared and be made available to the public, free of charge. After the Open Space Report is completed, the CAC will begin work on on Environmental Atlas, containing overlays describing the exact location , size and quality of all natural features. It will include an extensive stream corridor and wetland delineation. The CAC may also include a ranking in the Environmental Atlas. The above recommendation passed 5-1 with Phil voting against it. Phil argued that it was premature to rank with information as sketchy as it is now. He believed it would be better to wait on a ranking until the Environmental Atlas is complete and the information is more complete, better organized, and more accessible. John said he would carry that argument to the Town Board with the CAC's recommendation. Public Comment: John opened the floor to public comment. Elsie McMillian agreed with Phil that the ranking is not yet quantifiable. Alfred Eddy commented that farmers cannot pay the taxes on their land. His assessment has just been raised. He believed that the CAC did not know what they were talking about. Mike Murphy wanted to make sure that the property owners rights need to be recognized and suggested a tax subsidation in order to spread the burden. It is important to have a fair approach to preservation. It is important to have biological corridors. It is also important to recognize the property owner in order to have the plan be successful. It is expensive for developers to preserve open areas and sensitive features. Alfred Eddy believes we need to address affordable housing. Mike Murphy believed it would be helpful to include a section on protection mechanisms in ordred to help clarify in the public's mind what the report is about. Ellen Murphy is concerned about the children and the grandchildren. If we don't all pull together for the homeless, the farmers, the over- taxed, the children and grandchildren we won't have anything left to discuss. David Auble commented at length at his dissatisfaction at the Comprehensive Plan in general. He believes that not enough attention has been paid to the individual property owner and how they will be impacted. Growth is being driven to skip the Town of Ithaca and sprawl into Enfield and Newfield. The Town is the extension of the City and is where growth should occur. It is important to use existing infrastructure. The CAC is doing the opposite of what it wants to. People see the Open Space Report as a threat to their property rights. There is a problem with the accuracy of the inventory. The Town is adversely affecting affordable housing. Mike Murphy said that in order for the process to be successful it is important that communication be allowed to take place. We need to listen to one another. Minutes: April 23,1992. Candace moved, laura seconded that the minutes be accepted. Dick wanted to see the explaination for John's late arrival to the 4/23/92 meeting included. He was delayed because of a meeting in .Washington DC and his flight into Ithaca was late. The minutes passed unanimously. By -Laws: Using the outline that was put together by Dooley Kieffer and Scott Dvorak during the summer of 1991, the CAC made the following decisions to be incorporated into by-laws. • The CAC should meet once each month, with a second meeting as necessary. • The annual reorganizational meeting should be scheduled to coordinate with other Town agencies. • A quorum will be constituted by a simple majority of the Council. • The chair will assume the normal duties of a chairperson, including exceeding allotted time, calling, scheduling, and cancelling meetings. • An issue will pass by vote if a majority of the quorum present votes affirmatively. • Proxy votes will not be allowed. • Both consensus and voting will be acceptable ways of passing issues. • Agendas will be set by the council as a whole, with the chair adding, deleting, and organizing the agenda as appropriate. Time will be spent at the beginning of each meeting looking at the agenda. Members may bring up issues under member concerns. Length of discussion should be decided in advance, and used as a loose guideline during the meeting. • Resolutions should be directed to the appropriate bodies and the CAC should keep a record of what has happened to the forwarded resolutions as they are acted upon. • Minutes should be sent out with the following meeting's packet and every effort should be made to pass them at that meeting. • No more than one member of each the Town Board and Planning Board will be allowed to be members of the CAC. These members will have full membership rights and responsibilities. • There will no limit to the length any member may serve on the CAC. • Calendar: Sept.- Input to Town budget process. Oct.- Solicit new members. Nov. - interview and nominate new members. Dec.- Town board appoints members and officers. The meeting was adjouned at 9:33 P.M. MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL_ BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, JUNE 4, 1992 7:00 pm 1 . Report of Chair 7.•10 pm 2. Member concerns 7.20 pm 3. Persons to be heard 7:30 pm 4. Review of revised draft Open Space Report 8:30 pm 5. Discuss draft EPOD (mailed separately) 9:00 pm 6. Committee Reports (ERC, Scenic Views) 9:15 pm 7. Approve meeting minutes of May 7 (attached) 9:30 pm 8. Adjournment Members: Please. notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Eva Hoffmann Celia Bowers laura marks Candace E. Cornell Phillip Zarrieilo Richard Fischer DRAFT TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES Thursday, June 4, 1992 Tawn Hall Board Room 7:00 p.m. PRESENT: John Whitcomb, Celia Bowers, Candace Cornell, Eva Hoffman, laura marks, Phillip Zarriello EXCUSED: Richard Fischer OTHERS: Andrew Mavian, Rick Couture, Greg Williams, Heather Ahrns Chair John Whitcomb called the meeting to order at 7:08 p.m. 1. Report of the Chair. Chair John Whitcomb introduced M.C. French, who will now be taking minutes at the Committee meetings. He also introduced Rick Couture who is interested in becoming a future member of the Committee. Candace and John reported that they had attended the Environmental Law Society Seminar in Rochester which addressed SEQR, wetlands, and solid waste issues. The seminar provided a basic refresher. laura stated that the EPOD drafts are out. She suggest-ed.that a meeting be called with the group that worked on the Six Mile Creek document and George Franz to receive their input on the draft, especially with regard to how it relates to the Six Mile Creek Valley. Members agreed and recommended that laura go ahead and arrange such a meeting. laura will report back at the July meeting. 2. Member Concerns. a. Phil asked what the status of the resolution was regarding the state legislation on open space. John responded that the Town Board adopted this resolution unanimously and a letter was forwarded to Senator Seward in support of it. b. Phil stated that he was contacted by, Chris Kahill regarding a meeting of the West Hill Neighborhood Association. They requested that a member from the CAC participate on their panel. Phil did volunteer to participate on this panel, but has some scheduling conflicts. Celia suggested that Phil prepare a three- minute speech which a member could give on his behalf. C. Candace recommended that the CACs from the Village of Lansing, Village of Trumansburg, and City of Ithaca meet together to brief each other on what the other is doing. Phil stated that the EMC should be responsible for coordinating this effort. John suggested that Celia contact the Chair of the EMC to arrange this. d. Celia noted that the draft letter distributed to Committee members to Karl Niklas should in fact be from her, not from the CAC. e. John asked that an additional item be added to the agenda regarding unique natural areas and their status during the SEQR review. This item will be added after the discussion on the EPOD draft. In addition, John noted that Eva had requested that a short Executive Committee session be held following the meeting. 3. Persons to be Heard. None. 4. Review of. Revised Draft of the Open Space Report. Candace gave an overview of the revised draft of the Open Space Report (OSR). Candace has been working on the draft of the OSR which is being revised in accordance with the Town Board's directive that the CAC complete this report with a ranking based on the number of ecological features present within each area. Several procedural questions have arisen during the revision process which were forwarded to Committee members for their review and recommendation. Candace noted that there is a question concerning how to count some features in the Index. Features could be counted only once, even if several were found in an area, or each feature could be,counted separately. laura stated that the tally will be flawed until the completion of the Environmental Atlas, which will be more detailed and accurate. As a compromise, however, laura recommended that "the feature be counted only once in the tally designation column, but that the numbers of each feature be included in a separate column or in parenthesis. Candace presented a number of additional ecological features which have been identified that could be included and counted in the OSR: a. Major Gorges. After discussion, members agreed that these gorges should be added, but that they be termed "Steep Post Glacial Gorges." In addition, the Committee recommended that Watkins be deleted from the section under "Rock Gorges" in the draft and that Coy, Linderman, 6 5. and Williams Creeks be added. b. Soils with Severe Erosion Potential. Members discussed the importance of maintaining uniformity with regard to soil types. They agreed that fragile soils should be added to the index (in addition to those soils which are of biological and/or agricultural significance), since erodible soils can cause direct damage. The Committee discussed the option of omitting Class III soils from the index (since they are neither prime nor fragile). A motion was made that Class III soils be defined in the definition, listed in the spreadsheet, but omitted in the tally. The motion carried with Phil, Eva, Laura, Celia and Candace in favor; John opposed. Discussion then ensued regarding whether soil types should be listed under one column (Notable Soil Types) or under two (Ag. & Bio. Important Soils/Highly and Severely Erodible Soils). A motion was made that soils be listed under one column (Notable Soils) and that one point only be given even if more than one important soil type occurs. The motion was carried with Laura, Eva, Phil and Celia voting in favor; John and Candace opposed. C. Old Growth Forest. Members unanimously agreed that this feature should be added to the index. d. Cornell Natural Areas. Members discussed adding CNAs to the index. laura made a motion that CEAs, UNAs, and CNAs be included, but receive one point only. These areas can be notated in parenthesis to help the Planning Board identify the number and type of specific features present. The motion was carried with laura, Eva, Phil, Celia, and John in favor; Candace opposed. The Committee discussed the utilization of footnotes versus endnotes in the report. Members agreed that major explanations should be incorporated in the text and that footnotes be used for the remaining references. Candace requested that any editorial or other changes on the revised draft be forwarded to her within the next week. EPOD Draft. Chair John Whitcomb stated that the Town Board forwarded the EPOD draft to Codes and Ordinances. His 3 comments were outlined in a memo distributed to the Committee. Eva brought a number of questions concerning the EPOD draft from the COC including: a. On page 11, section e.iii., fourth line, remove "or within 50 feet of such mark shall be allowed provided that a riparian to the end of that sentence and replace with "within the high water mark of a stream shall be allowed provided that the stability of the stream bank is maintained and that no stream bank erosion is permitted." John will talk with people at Cornell regarding language used with a similar problem. b. On page 12, section 2. a. (i i) (C) , the COC recommended that the property in question should be included. The lawyer has stated that the property in question is referred to on -the top of page 4, section c., and could be referred to elsewhere in the draft when applicable. Celia presented her concerns in her draft letter to Karl Niklas distributed to the Committee. Her major concern focused on the fact that stream corridors and especially steep slopes were not protected. from clustering. The Committee stressed the importance of not allowing the transfer of density within an EPOD. Members noted that Celia had prepared a report a year ago which addressed density issues on steep slopes. This report will be included in the packet for the next meeting for further discussion. 6. Resolution to the Town Board - Increasing the Level of Review for Tompkins County Unique Natural Areas. Candace reported that Unique Natural Areas have no protection in the Town of Ithaca. A draft resolution was distributed to the Committee which hopefully will provide a mechanism for protecting these areas. After discussion, laura recommended that the UNAs be designated as CEAs. Laura recommended that the second paragraph be amended to read: "Whereas, the UNA inventory is a listing of the areas in the county that have been identified by some of the area's outstanding scientists as having environmental qualities and deserve special attention for preservation in their natural state, and." Phil recommended that an additional paragraph be added which states: "Whereas, the draft Comprehensive Plan identified Unique Natural Areas as important to the community and specified that they be preserved." Celia made a motion, which was seconded by Candace, that this 4 resolution be approved as amended. The motion was carried with John, Candace, Celia, Laura, and Phil in favor; Eva abstained. 7. Committee Reports. ERC - Eva submitted this report for the record and stated that the information was presented to the Planning Board. Members expressed their appreciation for the work conducted in the committee. Scenic View - Eva asked the Committee if they would still like for her to prepare a report on scenic views since this feature had been deleted from the OSR index. Members responded that this report could be utilized as a separate document for Planning Board review and might also be included in the Environmental Atlas or in a future OSR. 8. Meeting Minutes of May 7, 1992. The draft of the minutes from the May 7th meeting were reviewed. Candace made a motion, seconded by Laura, that the minutes be approved as submitted. The motion carried with John, Candace, Celia, laura, and Phil in favor; Eva abstained. The next meeting of the Conservation Advisory Council was scheduled for Thursday, June 25, 1992. The Conservation Advisory Council went into Executive Session at 9:45. The meeting was adjourned at 10:00 p.m. :mcf 5 MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, JUNE 25, 1992 Agenda 7:00 pm 1 . Report of Chair 7:05 pm 2. Member concerns 7:15 pm 3. Persons to be heard 7:25 pm 4. Review of revised draft Open Space Report (if not in packet, will be delivered) 8:15 pm 5. Discuss draft EPOD (Celia's and John's memos, attached) 9:00 pm 6. Committee Reports 9:20 pm 7. Approve meeting minutes of May 7 (attached) 9:30 pm 8. Adjournment Members: Please notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Eva Hoffmann Celia Bowers laura marks Candace E. Cornell Phillip Zarriello Richard Fischer NOTICE The June 25, 1992 meeting of the Conservation Advisory- Council has been CANCELLED. The next regular meeting will be - on July 16, 1992. MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, JULY 16, 1992 Agenda 7:00 pm 1 . Report of Chair 7:05 pm 2. Member concerns 7:15 pm 3. Persons to be heard 7.•25 pm 4. Interview potential new member (resume attached) 7:45 pm 5. Review of revised draft Open Space Report 8:40 pm 6. Discuss draft EPOD (Celia's and John's memos mailed in 6/25 packet) 9:00 pm 7. Committee Reports 19:20. pm 8. Approve meeting niinuteso-T-1Ma'y--7r(mailed in 6/25 packet) 9:30 pm 8. Adjournment Members: Please notify Jahn at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard Fischer Eva Hoffmann laura marks Phillip Zarriello DRAFT TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES Thursday, July 16, 1992 Town Hall Board Room 7:00 p.m. PRESENT: John Whitcomb, Candace Cornell, Eva Hoffman, laura marks, Phillip Zarriello EXCUSED: Celia Bowers, Richard Fischer OTHERS: David Auble, Phyllis Baker, Rick Couture, Pat Driscoll, Elsie McMillan Chair John Whitcomb called the meeting of the Conservation Advisory Council to order at 7:15 p.m. 1. Report of the Chair. No report. 2. Member Concerns. a. Candace Cornell distributed a copy of the draft "Policy on Pesticide Use in Town of Ithaca Park Facilities." Members were requested to review the document and bring their comments to the next meeting for further discussion. b. John Whitcomb- notified Committee members that Cornell University will sponsor a day long environmental workshop scheduled for July 22nd in Clark Hall. Any interested persons are encouraged to contact John for further details. 3. Persons to be Heard. a. Pat Driscoll asked if a copy of the Open Space Report was available yet for review. Candace responded that the final draft is not yet available, but will be ready soon. An Executive Summary will be published (i.e. in the newspaper) and a public hearing will be scheduled. Copies of the Executive Summary will be available free of charge at the Town Hall. Copies of the Open Space Report will be available for a small fee to cover the cost of printing. 4. Interview Potential New Member. Chairman Whitcomb noted that Rick Couture, a potential new member of the CAC, attended the meeting to provide background information and answer questions from Committee members. A copy of his resume had been distributed in advance with the agenda for review. Rick Couture began by stating that he has been employed by Ithaca College for the past 10 years. He presently lives on West Haven Road and has been a Town of Ithaca resident for 10-12 years. He feels that membership on this Committee would provide a nice opportunity for him to give something back to the community. A question and answer session followed. a. Candace asked R. Couture if he had any environmental or planning expertise. Rick Couture responded that he presently co-chairs an environmental resources program at zIthaca College which has aided in reducing landfill by 25% and has developed a composting facility. Per a request from Candace, Mr. Couture then clarified the difference between Director of Residential Life and Residence Director listed on his resume. b. Phil Zarriello asked what Mr. Couture's personal vision is for the growth of the Town. Mr. Couture responded that he considers himself a moderate and would like to see balance between preservation of the environment and well planned development. c. Eva Hoffman asked whether Rick Couture had any additional ideas on the Open Space Report. Mr. Couture responded that he has only had a chance to review the document once and that he is not yet ready to offer suggestions at this point. He did express his willingness to learn and noted that he has no hidden agendas. d. laura marks stated that the CAC was formed to represent concerns for the earth and wildlife. In response to his statement that he considers himself a moderate, she asked whether he can take a stand for environmental issues. Mr. Couture responded that he feels he would be able to do so. e. Candace asked if he had taken any courses in ecology or the sciences or read any books on the subject. He responded that he took only the basics in college. When asked how he felt about dealing with unhappy people, he responded that his work experiences has given him the opportunity to develop communication skills in dealing with people in a variety of situations. f. John Whitcomb asked whether Mr. Couture was aware of any 0 issues of concern from the public prior to the release of the initial Open Space Report. Mr. Couture responded that he felt that there was mixed reactions to the report, but good "give and take." John then asked if Mr. Couture had any suggestions for distributing information to the public. Rick Couture recommended utilizing mailings, as well as publicizing in the Ithaca Journal, Pennysaver, radio, public television, etc. Candace began a discussion on developing a pamphlet for the general public which would provide information on such issues as stream pollution. John noted that after the Open Space Report is completed, the CAC will then work as educators in the community. Phil suggested that the CAC be used as a clearinghouse of information put out by other agencies (i.e., DEC, etc.). g. Returning to the interview, Phil stated that work on the CAC may at times pose a conflict of interest with his position at Ithaca College and asked whether this might be a problem for Mr. Couture. Rick Couture responded that he feels he would be able to separate one interest from another. In addition, John Whitcomb added that the Town Ethics Law states that a member can be excused from deliberations should such a conflict of interest occur. MOTION: Candace made a motion that the CAC hold a brief five minute Executive Session. laura seconded the motion which was passed unanimously. Prior to the Executive Session, Rick Couture stated that he was unable to return to the meeting after the Executive Session. John Whitcomb explained the process for the potential appointment. 'He noted that the recommendation for appointment must go to the Town Board at their August meeting. If Mr. Couture is not appointed, he may still attend meetings of the CAC as an associate member with no voting privileges. Following the Executive Session, the CAC went back into regular session. MOTION: laura made a motion that Rick Couture be accepted as a member of the CAC. Candace seconded the motion. John Whitcomb amended the motion to read that the CAC recommends that the Town Board appoint Rick Couture as a member of the CAC. The amendment was passed unanimously. 6. Discuss Draft EPOD. Chairman Whitcomb stated that the EPOD document is in a state of flux at the moment and that major revisions are eminent. Candace added that she has been recently appointed to the Committee and that the document will 3 be radically changed to make the document more palatable. The next meeting of the Codes and Ordinance Committee will be on July 22nd. Eva Hoffman stated that she had concerns from the ERC ( mentioned at the last meeting of the CAC) to be forwarded to Codes and Ordinances. John recommended that since there will be considerable discussion at the July 22nd meeting, the Committee wait for the next set of revisions before they discuss the issue further. 7. Committee Reports. a. ERC - Candace, who attended the ERC meetings in Eva's absence, reported on requests to review subdivision proposals. With regard to the Cayuga Cliffs proposal, Candace noted that soil survey maps have been supplied to the Planning Board in regard to slippage concerns. In addition, a botanical survey was performed on the Albanese Subdivision (which is located in a UNA district) per a recommendation from the ERC. Robert Wesley, the botanical surveyor, stated that there would be no significant impacts and recommended that this area be removed from UNA designation. 8. Approve Meeting Minutes of June 4, 1992. Minutes of the June 4, 1992 meeting of the CAC were reviewed by Committee members. MOTION: Candace made a motion that the minutes be approved. laura seconded the motion. Eva requested that a note be added on the last page after the last sentence under the ERC Report stating that her memo to the Planning Board re: the Albanese Subdivision is attached. In addition, Eva will clarify with M.C. French some confusion on page four regarding recommended changes to the EPOD document. The minutes were passed unanimously with changes noted. 9. Open Space Report. Candace Cornell, Chair of the Open Space Committee, distributed "Table 2. The Tally Total of Feature Column in Descending Order" to members for their review. She then began to give an overview of the major changes made since the last meeting of the CAC. Candace stated that she had added Jennifer Strazza's name to the list of preparers since Jennifer had been helpful in the preparation of the draft and offered valuable legal .advice. laura expressed concern that other individuals have also volunteered their time, but did not receive acknowledgement. Eva was concerned that listing too many names dilutes the value of the major contributors of the document. Phil suggested that we add an acknowledgement section to document which would be a more appropriate place for listing such persons. Candace reported that Andrew Mavian is working on a number of 4 maps to be added to the document including: agriculture districts and improved soils, slope classification, land resources, and current zoning. Candace also noted that all editing changes received prior to this meeting have been incorporated. Footnotes will be added upon the completion of the document. Phil and Eva both stated that they had additional editing changes to forward. John asked members to consider revising the message section, first paragraph on page 2. He feels that this section comes across as being defensive with regard to private property. On page 12, Candace offered to work on Table 1. to improve the layout. Members responded that they felt that the centering on the page is fine, although "Major Rock Gorges" needs to be aligned _with the margin. Eva suggested that a footnote be added to "Endangered and Significant Wildlife Habitats" to show who identifies this classification (e.g. CAC, DEC, etc.}. John suggested that the section dealing with future directions, should follow the summary section on page 15 to ensure flow with the narrative. Eva feels that there may be some unnecessary repetition in the document. John responded that repetition is contained in the foreword to the Board versus the message to the community. Phil recommended that the foreword to the community and the Board be separated. With regard to Chapter III which addresses methods of protecting open space, John felt that some descriptions contained editorial comments. He suggested that these be deleted and that we stick with the facts. Candace responded that these sections include possible options which can work for the Town. Phil recommended that the style in Section 3. on page 18 regarding TDRs be consistent with other sections in the chapter. Pros and cons should be included for all and subjective comments should be eliminated. Eva felt that Section 1. on page 20 regarding conservation easements be clarified to read that landowners "may benefit" financially from a land trust type of.agreement. Candace responded that landowners do in fact benefit financially from these agreements in federal and state income taxes, one-time reduction in property taxes, etc. Other editorial changes were noted; John asked that these changes be forwarded to Candace. Candace stated that there were a number of open space parcels originally identified, which have been developed since the initial map was drawn (e.g. Deer Run and Chase Farm). John recommended that these parcels be deleted. Candace responded that it takes a lot of work to re -number the parcels and 5 revise the maps/tables. Members agreed that if the parcel has been totally developed, it must be removed; if it is partially developed, then it can be left in. In addition, if subdivision approval has been given, the parcel should be shaded. Land on the parcel which has been set-aside should be left in as permanent open space. Committee members agreed with John's suggestion that another column be added for a development status which could be updated as needed. Members recommended that parcels need not be re -numbered, just deleted after development. Candace will work on incorporating these ideas. John brought the Committee's attention to Appendix C and noted that the spreadsheet had been revised following the Town Board's recommendations. Ranking is now provided without attaching a stigma to specific properties. Candace discussed Table 2. which lists the parcels in descending order by the number of features. laura expressed concern that this table draws attention to specific property parcels. In addition, the tally and introduction page already shows the number of features available. Members agreed that this table could be helpful to Planning Board staff and can be easily generated if desired. laura recommended that a change be made to Section C. on page 11 which would add a note stating how the tally might be used. laura will submit wording to Candace for inclusion in the report. John encouraged members to submit all changes and comments to Candace by no later than July 21. He would like to consider this document for adoption at the next meeting on August 6. 10. Agriculture Committee. Chairman Whitcomb distributed copies of a report entitled "Planning for Agriculture in the Town of Ithaca" prepared by the Agriculture Committee. Members were asked to review the document and bring their comments to the next meeting for discussion. The Agriculture Committee asked that revisions not be made to the report, but that any comments be attached separately to the document before it is forwarded to the Board. Mrs. Phyllis Baker took the floor. Her comments are included verbatim: I'm Phyllis Baker, and as most of you know, we are commercial farmers. When I was sitting here listening to you all talk about what your goals are of this Committee, I realized how hard all of you have worked on this thing and I'm sure your minds are in such a trough for this thing that it may be difficult for you to shift gears and think about what I would like to say. But I think for your own stated goals, preservation of our wetlands (all of these different things), I believe you are going about the wrong way and I would like X to give you another avenue to think about. It seems to me after all the work on this agriculture report - in our minds we can not separate open space, EPOD, and the Agriculture Report - in our minds it is all the same thing. And as you all know, there are very few of us who own the vast acreage. So it looks to me like you are going to come to a dead end trying to legislate this compliance. When it comes to our farm for example, there are two things we can do to this land: we can farm it or we can develop it - that's it. So when you place such heavy restrictions on agriculture, we can no longer stay in business. If you don't allow us to develop it, there is no question it is a take. I know that you want to avoid this, just as much as I do, because this is going headlong in that direction. So I would like to have you all think about a different approach where you could encourage people, financially - however, to maintain these vast open spaces. My family owns about 350 acres, there are two other dairy farmers in this town and one viable crop farmer (and when I saw viable, I use that term loosely). My husband and I have been farming 40 years, the worst 12 years that we have ever had economically have been these last 12 years. I know that any of these farmers can make a case right now that agriculture is not viable in the Town of Ithaca. For example, the last figure I heard out of Cornell was that the cheapest you could possibly produce a 100 weight of milk was $14. We are being paid $12 - we have been paid $10 - and this can't go on. The hard facts are that unless there is some other way to pay your bills, you can not continue to farm in the Town of Ithaca. So, instead of trying to legislate this, which isn't going to work, you can see that. That once you place -- you were talking about tilling so close to whatever waterway you were talking about, woodland restrictions -- all these restrictions that you put on, cuts into the profit that we make, and I don't think any one of us could go to court and prove that we are a viable business. We get no return on our investment. If we had the value of our property in a 3% CD, we would be so much better off than we are farming, that we would have to be out of mind to continue farming. So, if you really want to preserve all of these natural habitats, wetlands, and all these other things, you have jot to make farming attractive. I've maintained all along that you couldn't do that. That a little kick back on our taxes is nothing in the scheme of our financial statements. There is just no way that I could see that you could basically make it attractive, except you are going to hasten its demise with anything you do that costs the farmer, because we don't have anything left to pay; we can not lessen our acreage by taking out hunks that we need to cultivate or any other means. We can't absorb any more costs from anybody. If the price of milk goes down we're done anyhow (and which incidentally hinges on these treaties which object to importing products into the country from countries which so heavily subsidize their farmers that we can't compete 7 -- you not only get inferior products e.g. powdered milk that comes in from outside the country is stamped "unfit for animal consumption" - we don't get away with that - that's hoof and mouth disease and they think people don't get it - so you get inferior products, we can't compete, we all will be out of business, and then obviously if we can't develop the land it's a taking because we only have two things we can do with these farms - we can farm it or develop it. So, it looks to me that you need to find ways to help us be more profitable, which means not placing more financial burdens on us with these various things that you have discussed. One other way that every other state, except New York, has come up with the sale of development rights. Obviously, people want to know who is going to pay for that, someone is going to have to pay to preserve ecology. Maryland has a successful program, they raise money -by state, local, and private trusts, which are like some of these trusts that are already in place here and can raise revenue and so forth - and then you have given the farmer an inducement to continue farming, because he has some benefit to do it. But all of these things that you are thinking of, when it strips us of any way of making a living, then you are going to lose in the end because what is going to happen to the land, because there is no other alternative so it seems to me like instead of the avenue that you are taking if you are doing more to help people want to farm, and I don't see how it could be any other way than development rights, because you can not reduce our taxes enough. One of the things that I am really upset with the Town of Ithaca about is that they refused to give us that exemption on our fire taxes and they state some technicality that they say they don't know the answer to - but I know for a fact that our farm qualifies in every regard - they can not find any reason why we would not qualify for that exemption and yet it has been denied to us because they aren't sure if "Joe Blow" qualifies. John Whitcomb responded that the problem is how our fire district is set up. We purchase fire services from the city and the legislation that was passed (the CAC recommended that the tax break be given to the farmers) -- this resolution went to the Town Board, but the attorney said that the law was incorrectly written at the state level. It did not give fire districts, such as ours, where we purchase our services from the city the right to do that. Marty Luster agreed and they will rewrite this legislation so we can do this. Phyllis Baker stated that Newfield has a separate fire district and they did this. (Mrs. Baker continues verbatim) I know that other towns that had some fault to find with that legislation, passed their own laws and gave that exemption. Do you realize that we pay fire tax on every acre assessed for building lots, etc., the same rate that we do the buildings. That kind of thing can't go on. But, even though that might 0 reduce our taxes, it is a drop in the bucket. You have to find another way to keep the farmers viable. The thing about development rights that appeal to me is that is it voluntary (you don't have to participate if you don't want to) and you are being compensated. So you solve all your litigation problems that are right around the corner. I know that with all of your experience that you are going to be thinking of some other ways. If you could preserve these five farms, you would have so much of this covered that the rest of it would be immaterial. I mean, what is a building lot here or there compared with hundreds of acres. John said that New York State does have a legal ability to do that. He shared a story he head heard about a bond issue outside of Rochester where they put it before the people. Mrs. Baker continued that even if you had one farm it would cover a lot of this. (Continued verbatim.) One of the things that people don't understand, and I have talked to a lot of people about this, is when you say to someone "Do you want to preserve those fields over there" and they say "sure" they have no idea that you are talking about stealing the value of that property away. I have not talked to one person who is in favor of stealing this right. Candace responded that in the new document, they have added quite a few possible methods of land preservation, which include purchase of development rights. The Committee noted that they have taken into consideration the concerns of the people of the community and have tried to incorporate it. The Committee has not passed any legislation that is going to restrict what one does with his/he land and its certainly not a taking. Mrs. Baker said that John has heard all of her arguments. She continued verbatim. My purpose tonight is to say that rather than trying to legislate compliance with this. I think in the long run you would get a lot farther if you make people want to do it. John stated that he would like to sit down with Mrs. Baker to talk about how you would get something like this started for instance at the grassroots level. Mrs. Baker: The momentum, all up and down the East Coast, is growing. There will be lots of information about this, there already is really, I have been to several seminars on this. But this last loop has really made it mandatory that people come up with development rights.. Somehow it is going to have to financed somewhere. Nobody wants to pay. Candace added that farming is an integral part of this area. 9 Members discussed that it is expensive to start and continue farming. This issue would fall under the Agriculture Committee. Mrs. Baker: It is so closely tied, whether it is EPOD, Open Space, or preservation of agriculture, you can not really separate one from the other because basically the majority of the land is the same land. They may have some different characteristics, but by and large the great quantity of land that you need to preserve to accomplish your goal is agriculture. Candace said that the Open Space Report is not going to be anything that is a law. laura said that Mrs. Baker is " suggesting that we work on education and a movement to help preserve land. Mrs. Baker: One thing I think you need to keep in mind is that agriculture is high finance. Maybe you remember a few years ago where a farmer whose land was being foreclosed on in the midwest shot his banker the day they foreclosed. Well the thing that people really didn't find out about was that man never missed a payment but he was foreclosed on because the value of his land dropped. Now, as bad a situation as that is, any devaluation of agriculture land, whether people are unwilling to buy it because there is no future development for it or because the restrictions are so great or you can't get anything through the Planning Board or whatever, it devaluates your land. As soon as you devaluate the agriculture land, you have interfered with the financial structure required to keep that farm operational. If.you have a farm that the banker says is worth $100,00 and everybody is afraid to touch it because of all this that is going on, the land is now worth $75,000, his collateral has dropped that much. It's possible to put him under without him ever missing a payment. It's a very complicated, easily disrupted situation, especially when prices are so low. We have my husband's great grandfather's diary, and he was making basically the same price for his crops (wheat, etc.) in 1865, that we are getting today. Our combine had a breakdown last year where the repair bill was estimated to be $26,000 and they told us of course maybe we would rather trade it in on a combine for $150,000. We are not talking chicken feed here to keep these farms running - and you have to have those things. The cows are fed a totally balanced ration, it is calculated for every mineral, everything they need. The crops are tested to tell what is coming out of the soil that is grown and other things are added to it. You can't have your hay out there a day too long to cut, it can't get rained on, you are under constraints of nature that require this expensive equipment, especially in the northeast because our degree days are so short compared to other parts of the country. So, if you want a viable farm, we 10 have to keep our bills paid, we have to pay for equipment, taxes, property maintenance. As an example of what farmers contribute to ecology, two rows around every field we have has been eaten by wildlife. It is absolutely incredible what we invest in the ecolog- of this town. Candace expressed concern that the deer and raccoon population be brought into a better balance. She stated that once the Open Space Report is completed, they can start working on grassroots actions for promoting agriculture. Mrs. Baker: To bring this in a broader sphere than its been, for example, pesticide use on farm. As you all know, we have the cheapest food supply in all the world in percentage of our income. One of the ways we do that is by getting a reasonable production out of our crops. Even though in the last 20 years, pesticide and herbicide use has greatly changed. Practically every kind of pesticide and herbicide that we use, half of the cost of that item is going to research and development to find other ways to control the things that shorten your crop (whether it's alfalfa weevil of whatever), ways to have less toxic things, and know how to use them properly. We have to have licenses, take classes, etc. Agriculture is trying to reduce the effect of these things on ecology. I think it's a lot more complicated than the average person realizes and the benefits are great, but somebody has to pay for it and I am absolutely convinced that in the end, it is not going to be us. Chairman Whitcomb thanked Mrs. Baker for her comments. He stated that if the Open Space Report is well done, it will provide a baseline as an inventory of the open space that we have to be utilized for future programs. The meeting of the CAC was adjourned at 9:35 p.m. 11 MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M., THURSDAY, AUGUST 6, 1992 Agenda 7.00 pm 1 . Report of Chair 7.05 pm 2. Member concerns 7.10 pm 3. Persons to be heard 7:15 pm 4. Consider adoption of draft Open Space Report (attached) 8:00 pm 5. Review Agriculture Report (distributed separately) 8:45 pm 6. Discuss draft pesticide policy (attached) 9:10 pm 7. Committee Reports 9:25 -pm `"8. "Approve meeting minutes of July -16 "(attacheaj' 9:30 pm 8. Adjournment Members: Please notify John at 255-2555 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Comell Richard J. Couture Richard Fischer Eva Hoffmann laura marks Phillip Zarriello TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES Thursday .. AugustX7992., ,.,, Town Hall Board Room 7:00 p.m. PRESENT: John Whitcomb, Celia Bowers, Candace Cornell, Eva Hoffmann, laura marks EXCUSED: Richard Fischer, Phillip Zarriello STAFF: Andrew Mavian, George Frantz OTHERS: Christiann Dean Chair John Whitcomb called the meeting of the Conservation Advisory Council to order at 7:15 p.m.- He noted that a member has requested that the committee consider adoption of the draft Open Space Report as the first item on the agenda because she will have to leave early. 1. Adoption of the Draft Open Space Report. Celia stated that she feels that we have reviewed the document sufficiently and that the Open Space Report is ready to be forwarded on for further input. Celia made a motion that the CAC approve the Open Space Report as submitted (with the exception of minor typographical or editing changes). laura seconded the motion. As part of the discussion on the above motion, Candace and Andy gave an overview of the maps to be included in the report. It was noted that Map #7 will be an 8 1/2x11 transparent overlay. A. Mavian noted that the maps will be sent to Syracuse for mylar copies by next week. Council members thanked A. Mavian for an excellent rob on the maps. Additional discussion on the Open Space Report ensued. laura asked that Susan Beaners name should be deleted per her request. Eva had a number of typographical errors to forward on to Candace. Candace asked for Council input on the acknowledgement page. Andy noted that there were changes made to erodible soils on the map and asked if the spreadsheet was also changed. Candace and Andy will meet to double-check on this. MOTION: A vote was held on the motion on the floor that the Council adopt the Open Space Report as presented this evening and that it be forwarded to the Town Board with any technical or editing changes. The motion carried unanimously. Conservation Advisory Council August 6, 1992 Page 2 It was noted that S. Raffensperger had said that the Open Space Report will be presented to the Town Board for a cursory review at the meeting scheduled for September 8, 1992. A public information meeting will follow in October. Members stated that the Town Board will probably ask the Council to conduct the public information meeting. Celia asked for information regarding the policy on discussing the document prior to the Board meeting. John responded that the Council is finished with this stage in the process and that the document will become public on September 8, 1992. Candace stated that she had added one more footnote referencing the econorpic benefits of preserving open space. She asked that Council members forward any additional typographical errors as soon as possible. J. Whitcomb stated that Christiann Dean will attend the meeting at 8:30 p.m. to discuss the Ag. Report. 2. Report of the Chair. Chairman John Whitcomb noted that he and Candace had met with DEC officials in Cortland last week to provide information on Council accomplishments to date and future goals planned. J. Whitcomb gave an oral presentation to the group and notified them of the Council's work on the Open Space Report and future goals which include the environmental atlas, biological corridors, and public education. He noted that they were the only CAC representatives present, other participants were from EMCs from a number of counties. Computerized mapping systems were also discussed. J. Whitcomb also reported that he and Candace attended an all day meeting at the Environmental Law Institute which provided an opportunity to network with other groups. Candace noted that the seminar presented an interesting video which gave various scenarios of what a town looks like now versus what it would look like in -the future utilizing various plans. She stated that they would like to obtain a copy of the video to present at an educational meeting. In addition, information was provided on various economic benefits of preserving open space, and legal cases/pending legislation were discussed. K. Niklas and F. Forman gave a progress report for the Town of Ithaca with specific information provided on EPOD legislation. 3. Member Concerns. None. 4. Persons to be Heard. Andy Mavian asked for Council input on the source to be referenced for the Highly Erodible Soils Map. Candace asked that the two maps currently referred to be included, as well as the Schuyler County Survey map which was utilized. Conservation Advisory Council August 6, 1992 Page 3 5. Discussion on Draft Pesticide Policy. It was noted Dooley Kiefer has asked for the Council's decision on this matter so that she can bring the recommendation back to the EMC. It was noted that this policy would not apply to town residents, but would apply to the Town of Ithaca Parks and Highway department only. J. Whitcomb read a letter sent by D. Kiefer which outlined work within the committee which resulted in this proposal. D. Kiefer and Candace had met with Rich Shock, Parks Department Manager, to discuss revisions in the policy. At this meeting, Mr. Shock was agreeable with the revisions of the draft (including utilizing the least toxic approach and public notification of pesticides prior to use). laura asked if Mr. Shock has approved the minutes of their meeting as outlined in the letter from D. Kiefer. John noted that Mr. Shock is copied on the letter, but that he would be happy to verify this. Council members noted that Mr. Shock would prefer to use mechanical weed control, but that there is often insufficient manpower to accomplish this. Eva recommended that the last sentence in the sixth paragraph be changed to read: "Application of pesticides by the calendar will not be practiced." Council members agreed with this recommendations. laura recommended that in the same paragraph the word "chemical" be placed before pesticides to read: "Use of chemical pesticides will be viewed as a last resort...." Members then discussed changing this recommendation throughout the document. Eva recommended that chemical not be used as an adjective to pesticide. Council members agreed. In the fourth and fifth paragraph on the second page, John recommended that the first few words in each sentence read: "Before application, signs...." and "After application, signs...." Council agreed. The third paragraph on the second page should read: "Whenever possible pesticide applications will be timed in order to maximize the time interval between application and arrival of park users." Members agreed that the draft policy could be approved as is and forwarded to Mr. Shock for his approval. Following this, the proposed policy could be forwarded to the Town Board for their approval. Council discussed that the policy would be a permanent policy and could be updated as needed or as technology changes. Candace suggested that the cover letter to the Board include the recommendation that the Town hire additional staff in order to control weeds mechanically versus chemically. In addition, Candace recommended that the Town purchase native species of seedlings from the conservation office which would be more resistent to pests, and in turn reduce costs associated with pesticide use. M.C. French will make changes on draft as discussed. Conservation Advisory Council August 6, 1992 Page 4 6. Approval of Meeting Minutes - July 16 1992. Council members took time to review the meeting minutes of July 16, 1992. MOTION: laura made a motion that the minutes be' approved. Eva seconded the motion. Discussion ensued. A number of .typographical errors were noted. On the first paragraph on page five, Eva noted that it should read: "Eva Hoffman stated that she had questions from the COC to the CAC. In addition, she expressed her frustration that the CAC did not provide a response to these questions." Eva also asked about a suggestion made at a previous meeting regarding shading parcels which have subdivision approval; this suggestion was not incorporated, but should remain in the minutes as is. MOTION: Following the discussion, the motion carried with unanimous approval. 7. Review of Agriculture Report. John began by giving a background' on the Agriculture Report. He stated that the report was developed by the Agriculture Committee, composed of Christiann Dean (a vegetable farmer), Jim Ainslie (a dairy farmer), Monika Crispin (a Cooperative Extension Agency) and himself as an ex officio member of the Town Board and CAC. The Ag Committee worked closely with George Frantz in developing a draft which was presented to the farming community last spring. The report was presented on three separate occasions and each time changes were incorporated as much as possible. The major concern centered in the section on revised zoning noted on page 13. He stated that the majority of the farmers felt that this limited their options. Overall, however, there was consensus. John stated that the report was well written. He added that S. Raffensperger and members of the Ag Committee requested that any recommended changes in the document be attached separately and that revisions not be made on the document before it is forwarded on to the Board. Christiann Dean stated that comments from Council members are welcomed, but she requested to receive these in a separate letter or as an addendum. She stated that she would like to see the document forwarded to the CPC, to the Planning Board, and then to the Town Board. It was noted that the document should be titled the final report of the Agriculture Committee. John suggested that technical changes be incorporated before it is forwarded. After discussion, C. Dean asked that comments be forwarded in two separate sections: technical/editorial changes and a comment section to be attached to the report noting approval with any specific concerns. Conservation Advisory Council August 6, 1992 Page 5 Candace asked if a number of conservation easements are mentioned in the report. She suggested that it might be helpful for the farmers/landowners to be aware of the fact that they can tailor these easements in a variety of ways to meet their own needs. C. Dean responded that the example given was defined as a possible prototype. She encouraged Candace to add this recommendation to their letter, especially since there was interest in such programs. Eva asked if the farmers discussed possible re -zoning to allow for development of "clean industries." C. Dean responded that this was not discussed. She clarified that the predominant sentiment of farmers was that no zoning changes be made, particularly with regard to reduction of density. C. Dean stated that they did however discuss zoning changes to allow for farm related services (e.g. farm/tractor store). G. Frantz added that if light industry is allowed, becomes successful, and thus expands, it may lead to a request/need for water and sewer service. On page 14, Eva had a question regarding the goal of the Town to include "doctors or other offices. of a recognized profession" within the ag. district. She asked what other offices would fall within this category. G. Frantz responded that this falls within the R-15 and R-30 zoning districts which allow for doctors, veterinarians, architects, etc., however, he stated that there are limits on the number of employees in such offices. Eva stated that it is unfortunate that many small scale businesses and industries are located outside the Town limits and that these might be appropriate for the Town. C. Dean agreed, but felt that these might not mix well with the agriculture zones. In response to a question regarding the farmers' recommendations that no zoning changes be made, C. Dean clarified that the farmers did agree to changes which allows and/or expands farm related services (e.g. wholesale and retail distribution of agricultural products). In addition, a recommendation was made that town agriculture districts be established. . The farmers, however, did not want changes in housing density. These concerns were specifically acknowledged on the bottom of page 10. Discussion ensued with regard to the right -to -farm clause which would notify potential buyers that the land is included in a farming district to encourage preservation of agriculture land. The report also states that the Agriculture Committee believes farming in the Town of Ithaca can be viable, however, it is difficult in the present economic climate. J. Whitcomb noted that at one point they had discussed a study of land sale patterns which would show that the farmer could continue to sell off lots as needed to provide Conservation Advisory Council August 6, 1992 Page 6 economic relief, as opposed to developing the land in its entirety. C. Dean stated that the farmers were most interested in keeping their options open. She also noted that there are a few large farms currently on the market and that she believes it would be in the Town's best interest to purchase these properties in an effort to maintain open space. It was suggested that the Town place a conservation easement on this type property and then re -sell it at the farming rate. Members discussed the purchase of development rights, bonds, etc. in an effort to maintain these parcels. G. Frantz stated that it would take two years of staff time to perform a detailed analysis of the sale history of agricultural land in the Town and the fiscal impact of reducing the density of. zoning in agriculture districts. He feels that reducing the density will benefit farmers and allow them to be their own agent in the development of the land. G. Frantz and C. Dean felt that it would not be appropriate to recommend a -reduction in density at this time, however. C. Dean added that the report made a recommendation that a permanent Agriculture Committee be formed and that it report directly to the Town Supervisor. This committee would act independently of the CAC and meetings could be open. J. Whitcomb expressed his appreciation to the Agriculture Committee for their excellent work. MOTION: laura made a motion that the CAC adopt the Report of the Agriculture Committee, that editorial changes be submitted to G. Frantz within one week, and that the report be forwarded on to the Town Board with changes incorporated and a cover letter attached. C. Cornell seconded the motion, which was approved unanimously. Members of the CAC discussed points to be highlighted in the cover letter before the report is forwarded including: that appendices are only one example of conservation easements available; highlighting the discussion on density issue; encouraging the development of a voluntary purchase of development rights program so that the Town can purchase land which can then be re -sold to farmers; and recommending the formation of a permanent Agriculture Committee. laura asked that the last item be expanded; she will forward the language. Candace asked whether -it should be called a committee or a board. Christiann asked that the CAC consider including in the letter the fact that the Ag. Committee has held a series of meetings with those individuals most affected by it. She stated that she feels that this procedure has been valuable to the CAC. John will try to incorporate this into the letter. Conservation Advisory Council August 6, 1992 Page 7 John noted that he would like to submit this report, as well as the Open Space Report, to the N.Y.S. Association of Conservation Advisory Councils for their award program which will occur in November. Deadline for submission for this award is the end of September. He asked for Council approval on entering these reports in that competition. Committee expressed their approval. Members recommended that the next two meetings scheduled for August 20 and September 3 be canceled. The next meeting of the CAC will be held on September 17. It was also noted that R. Couture should be attending the next meeting as a new member of Council. J. Whitcomb will forward additional material for his review. MOTION: laura made a motion that the meeting be adjourned at 9:30 p.m. Candace seconded the motion which was approved unanimously. :mcf _ Minutes approved 9/17/92 MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M. THURSDAY, SEPT 17, 1992 Agenda 7:00 pm 1 . Report of Chair 7.05 pm 2. Member concerns 7:15 pm 3. Persons to be heard 7.25 pm 4. Plan Open Space Report public presentation 7.45 pm 5. Discuss "post Open Space Report" workplan 8:15pm 6. Discuss bylaws 8:45 pm 7. Discuss draft pesticide policy (attached) 9:00 pm 8. Committee Reports 9:15 pm 9. NYSSAC participation (flyer attached) 9:25 pm 10. Approve meeting minutes of August 6 (attached) 9:30 pm 11. Adjournment - Members: Please notify John at 273-7322 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard J. Couture Richard Fischer Eva Hoffmann laura marks Phillip Zarriello DRAFT TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES Thursday, September 17, 1992 Town Hall Board Room 7:00 p.m. PRESENT: John Whitcomb, Celia Bowers, Candace Cornell, Richard Fischer, Eva Hoffmann, laura marks, Phillip Zarriello EXCUSED: Rick Couture OTHERS: None Chair John Whitcomb called the meeting of the Conservation Advisory Council to order at 7:08 p.m. Report of Chair Chair Whitcomb distributed a flyer for the upcoming New York State Conference on the Environment to be held in Oneonta, New York, on November 6, 7, 8, 1992. He stated that he has attended this conference in the past and that it provides a good opportunity to network with others. Currently the Town has funds for two members to attend this conference. He added that since the Council will be submitting the CAC Agriculture Report, Open Space Report, and the Six Mile Creek Report, it would be beneficial to have a representative present. Any interested members are encouraged to contact Chair Whitcomb for further information. Candace Cornell expressed an interest in attending the conference. Eva Hoffman stated that she would like to go, but will have to check her schedule first. Candace Cornell distributed a handout which listed upcoming conferences including: 1) "1st Cortland County Conference on the Environment," 9/25/92, Cortland, NY; 2} "New York State Environment Congress," 10/2-4/92, Schenectady, NY; 3) "Finger Lakes Visions - Conservation Advisory Council September 17, 1992 Page 2 The Region and the Watersheds," 10/24/92, Seneca Falls, NY; 4 Rediscovering America: Natural Areas in the 1990's," 10/27-30/92, Bloomington, IL; and 5) "NYS Association of Environmental Management Councils and Conservation Commissions," 11/6-8/92, Oneonta, NY (mentioned pr..eviously). Candace stated that she would be happy to provide additional information if needed. Phil Zarriello stated that there is a New York State GIS Conference scheduled in October in Rochester. He added that "GIS" is a planning tool. John Whitcomb stated that he would be interested in obtaining a flyer for this conference. Any members who are aware of an upcoming conference, which might be of interest to council members, are asked to pass that information along to Candace Cornell. Member Concerns Eva Hoffman thanked John Whitcomb and Candace Cornell for all of their extra work involved in Council activities. Candace Cornell distributed letters on behalf of Marty Luster. She stated that she is running his "Letter to the Editor" campaign. Chair Whitcomb noted that other candidates are encouraged to submit letters for review, as well. Phil reported that the County is changing their present billing structure for trash hauling. The new structure would impose a tax levy on County residents for trash removal instead of the current tag system; this would, in turn, discourage conservation and recycling. He suggested that the CAC propose a resolution recommending that the current billing structure be maintained. Celia Bowers relayed a personal story in which she was not reimbursed for unused tags since they were not returned within the allotted time frame. She stated that she feels this practice also penalizes those individuals who conserve, as well as those who may Conservation Advisory Council September 17, 1992 Page 3 be out of town for extended periods. Phil felt that this particular situation may lie outside the scope of the CAC and suggested that the two issues be forwarded separately. Council members agreed to support Phil's proposal. Dick Fischer recommended that Phil draft the letter during the meeting for review by members prior to adjournment. Candace Cornell reported that the COC held a public information meeting the previous evening to discuss the draft of the first EPOD legislation. She stated that the majority of residents who spoke were against the proposed legislation. She encouraged council members to participate at future public information meetings in an effort to provide support for committee members. Some members stated that although notice of the meeting was published in the newspaper, they did not receive formal notification from Town staff. John Whitcomb responded that he will check on this matter. John Whitcomb stated that he had comments on the proposed EPOD legislation which he will forward personally. He reported that there was constructive criticism provided at the public information meeting, in addition to concerns being expressed regarding the loss of property rights. Eva Hoffmann added that she felt it was difficult for those in support of the proposed legislation to voice that support in light of all the negative criticism. Chair Whitcomb notified council members that the public information meeting of the Comprehensive Planning Committee is scheduled for Tuesday, September 29, 1992, in the NCR Cafeteria. That meeting will be devoted to review of Chapters IV, V, and VI of the Comprehensive Plan. The Executive Summary will also be available at that time. John then presented a brief overview of the content of the chapters to be reviewed at the meeting. Celia Bowers reported that she had written up notes with regard to revision of the Bylaws. She and M.C. French will meet to have the Conservation Advisory Council September 17, 1992 Page 4 Bylaws typed up for review at the next meeting. John Whitcomb added that this agenda item will be tabled to the meeting in October. Open Space Report - Public Presentation Chair Whitcomb stated that the Open Space Report went to the printers and should be ready by September 18, 1992. Although the Executive Summary will be provided free of charge, there will be a fee of $5.00 for each Open Space Report to cover printing fees. The report will be available free of charge to members of the Town Boards, Committees, and Councils. It was noted that the Town Board is scheduled -to review the Open Space Report at their October 5th meeting. Following the review, the Town Board will sponsor the public information meeting which is tentatively scheduled for Monday, October 19th. Members then discussed how to advertise for the public information meeting. A suggestion was made that postcards be sent to all residents who spoke at the previous public meetings. Other suggestions discussed included utilizing box ads in the newspapers and letters to Ithaca taxpayers. Candace Cornell stated that she will prepare the Executive Summary, which will then be signed by Chair Whitcomb, and forwarded to the Ithaca Journal. Eva Hoffmann suggested that the meeting be titled "Public Information and Public Comment Meeting." She -stated that this would notify town residents that information is available prior to the meeting and that comments are solicited at that time. Members continued the discussion on how the report will be presented. It was noted that slides were utilized during the last meetings. Candace Cornell recommended that the 12 -minute video (narrated by Olympia Dukakis) which shows benefits of community planning be used. Although the video might be more appropriate for the Comprehensive Planning Committee, it was noted that it does Conservation Advisory Council September 17, 1992 Page 5 address clustering and the preservation of open space. Members expressed a desire to view the video prior to a decision on its use. John Whitcomb stated that he will also check with Shirley Raffensperger regarding its possible use. Candace Cornell suggested that interested individuals be organized prior to the meeting and that a telephone tree be employed. John Whitcomb stated that he feels there is nothing of a substantive nature which can be argued in the document. Members asked the Council keep in mind background support in spite of negative comments which might be aired at the meeting. Candace Cornell added that she has mylars of the maps which can be posted at the meeting. Chair Whitcomb noted that the public information meeting may be held in the Town Board Room. Members expressed concern that there may be insufficient room to accommodate interested individuals. Chair Whitcomb responded that he will pass these concerns along to the Town Board. Letter to County Representative Regarding Trash Issue As a follow-up to the issue discussed in "Member Concerns," Phil Zarriello read the draft letter he composed regarding the new billing structure for trash hauling/dumping which would impose a tax on county residents. Discussion ensued. laura marks stated that it is not necessary for the Council to deal with the process involved in the billing process itself, but only to encourage that the generators of waste pay the cost, not the taxpayers. This recommended practice would encourage residents to recycle, compose, and conserve. Phil Zarriello incorporated changes as discussed. MOTION: Dick Fischer made a motion thanking Phil Zarriello for his efforts and recommended that the amended letter be forwarded to the Chair of the Solid Waste Committee of the Tompkins County Board. The motion was seconded and carried by a majority vote. Conservation Advisory Council September 17, 1992 Page 6 John Whitcomb stated that he would have the Letter typed and forwarded. Pesticide Policy Chair Whitcomb stated that he had forwarded the Pesticide Policy Draft to Mr. Rich Schoch, Parks Department Manager. Mr. Schoch had two concerns. First, in the last sentence in the "Notification" section, Mr. Schoch stated that it is difficult to leave signs in place for "72 hours after pesticides have been applied." He stated that he feels 24 hours is adequate, as required by law, and noted that if signs are left up longer than that, they begin to disappear. His second concern related to the first sentence in the "Notification" section which deals with posting signs 24 hours prior to pesticide application. Mr. Schoch suggested that, due to weather changes, the phrase "whenever practicable" be added to the end of that sentence. After discussion, members recommended that the phrase to be added to the sentence read: "whenever practicable because of uncertain weather conditions." Members discussed whether pesticides should be defined in the document as insecticides or herbicides (since the term refers to both). Eva Hoffmann suggested that biological pest controls be defined, as well. A recommendation was made that the terms be defined when they are first used in the document. MOTION: A motion was made, seconded, and passed that the Pesticide Policy be approved as amended and forwarded to the Town Board for their review. Members then discussed a recommendation made at the last meeting that the Town Board be encouraged to hire additional workers to control pests mechanically versus chemically. laura marks recommended that as part of the Open Space Report, neighborhoods be organized to help control weeds in nearby parks. Celia Bowers recommended that juvenile offenders be sentenced to community Conservation Advisory Council September 17, 1992 Page 7 service in parks, thereby reducing the need for chemical controls. Approval of Meeting Minutes of August 6, 1992 Members reviewed the meeting minutes of August 6, 1992. MOTION: A motion was made, seconded, and passed recommending that the minutes be approved as submitted. Post -Open Space Report Workplan Members discussed the fact that the Council will need to check on the reappointment of Council members; it was noted that two members' terms will expire this year. Chair Whitcomb stated that he will check the records.to report back on this issues. Candace Cornell stated that she is in the process of trying to solicit potential committee members with technical expertise. Candace Cornell then outlined items to be addressed in future meetings of the Conservation Advisory Council. The list (Enclosure 1) was divided into four major sections: Passage of Open Space Report, Land Acquisition and Easement Programs, General Organizational Suggestions, and Future Changes to Open Space Atlas. Discussion ensued regarding a number of ideas, including community projects and public education. laura marks suggested that the members review the list and bring back their suggestions to the next meeting. Candace reported that Mary Smith is responsible for coordinating meetings of all EMCs. She stated that it may be appropriate for the Council to forward a formal letter requesting that such a meeting be scheduled. In response to a concern expressed by Celia Bowers with regard to lowering assessed values of properties with conservation easements, . , f Conservation Advisory Council September 17, 1992 Page 8 memmbers discussed how the Council can support this preservation endeavor by actively petitioning the county to lower the assessed values. Candace Cornell gave information with regard to the Finger Lakes Land Trust efforts in this area. Members discussed the Open Space Plan initiated in 1983-84 by Susan Beeners. Chairman Whitcomb asked if laura marks could forward copies of goals included in this plan for possible future reference. Celia Bowers asked for the Council census regarding the Bylaws. She stated that she would like to keep them as short as possible. Council members agreed. Candace Cornell stated that she has copies of Bylaws from other CACs/EMCs which she would be happy to forward. ADJOURNMENT Members noted that the next meeting of the CAC is scheduled for October 1, 1992. MOTION: A motion was made seconded and passed the meeting of the Conservation Advisory Council be adjourned at 9:00 p.m. :mcf MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M. Thursday, October 1, 1992 A9enda 7.00 pm 1 . Report of Chair 7.05 pm 2. Member concerns 7.15 pm 3. Persons to be heard 7.30 pm 4. Plan Open Space Report public presentation, video? 8:00 pm 5. Discuss future workplan (some options enclosed) 8:45 pm 6. Committee Reports 9:00 pm 7. Approve meeting minutes of 9/17 (attached) ; 9:15 pm 8. Adjournment Members: Please notify John at 273-7322 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Richard Fischer Celia Bowers Eva Hoffmann Candace E. Cornell laura marks Richard J. Couture Phillip Zarriello �- Apprnz I k )izjqz TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES Thursday, October 1, 1992 Town Hall Board Room 7:00 p.m. PRESENT: John Whitcomb, Celia Bowers, Candace Cornell, Rick Couture,laura marks, Phillip Zarriello EXCUSED: Richard Fischer ) SVA /-It;FJCY c_o . OTHERS: None Chair John Whitcomb called the meeting of the Conservation Advisory Council to order at 7:15 p.m. Report of Chair Chair Whitcomb began by adding a couple of items to the agenda: 1) Bylaws of the Conservation Advisory Council; and 2) an update on the Comprehensive Plan. Chair Whitcomb stated that the public presentation of the drafts of Chapter IV, V, and VI was held on September 29, 1992. In addition, the Codes and Ordinance Committee presented the steep slope EPOD a couple of weeks before that. Chair Whitcomb encouraged supporters to attend the public meetings. The Open Space Report will be presented to the Town Board on October 19, 1992. Chair Whitcomb stated that he had received a brochure put out by the City of Ithaca entitled "Your Guide to Handling Lead Based Paint." These brochures have been offered to the Council free of charge to distribute to appropriate commercial sites (e.g., paint stores) within the Town of Ithaca. Candace noted that in addition, the CAC discussed the idea of being a clearinghouse for applicable pamphlets and brochures. Council members agreed that it would be beneficial to obtain these brochures for distribution. Conservation Advisory Council October 1, 1992 Page 2 Chair Whitcomb again reminded Council members that the CAC Conference is scheduled the first week in November. Tuesday, October 6, 1992, is the last day of registration. Any persons interested in attending were asked to contact Chair Whitcomb. C. Cornell added that she would like to go, but needs a ride. Rick Couture, as a new member, was encouraged to attend and given a brief overview of those activities held at previous conferences. Member Concerns Candace Cornell reported that she attended a number of farm tours on 9/19/92 with J. Whitcomb with other Town officials. The tour gave an opportunity for farmers to offer their concerns (e.g., mainly that there were excessive regulations imposed on farmers). Another tour was held the following weekend and centered on sustainable agriculture; the tour was followed up by a visit to the Ithaca Farmer's Market. C. Cornell felt that the tours were very useful. She encouraged members to attend any future tours scheduled. Chair Whitcomb stated that the woman who coordinates the Sustainable Agriculture Program at Cornell has an office close to his. He stated that he will try to obtain brochures for Council distribution. Celia Bowers gave an overview of work she had participated in as part of Marty Luster's Committee on Pesticide Use. She stated that many farmers, especially older ones, were very resistant to regulations concerning pesticide use, despite economic incentives. Candace Cornell then gave information regarding the Integrated Pest Management Program. Candace also stated that other alternative programs (e.g., Community Supported Agriculture) was also discussed with farmers on the tours taken. Chair Whitcomb added that the Town Board will discuss, at their next meeting, the creation of a Town Agriculture Committee. Persons to be Heard. None. Conservation Advisory Council October 1, 1992 Page 3 Plan Open Space Report - Public Presentation Chair Whitcomb stated that a video will be viewed to determine whether it would be appropriate for presentation at the Public Information Meeting on the Open Space Report. The 12 -minute video addressing tools for building communities was then viewed by Council members. Members felt that the video might have been more appropriate for the Comprehensive Planning Committee presentation, even though the video did discuss open space. Members discussed the fact that many older farmers within the Town are interested in developing their land as opposed to continuing farming operations. With regard to the use of the video, Rick Couture felt that the video was well prepared and did deal, to some extent, with the preservation of open space. laura marks felt the video was more appropriate to the CPC. Phil Zariello expressed concern regarding whether it would be physically practical to present the video to a large audience. Following the video, members discussed the procedure for review of the Open Space Report. Chair Whitcomb stated that he would like to give a brief 15 -minute review on the differences between the new Open Space Report and the old one. Celia suggested that the Council might need to discuss how the public presentation by the Town Board would be handled (e.g., whether CAC members would form the panel at the front of the audience to answer questions, etc.). The October 19, 1992 meeting of the Town Board (in the Women's Community Building) will be held for the strict purpose of reviewing the Open Space Report. The Open Space Report will then be considered for adoption at the November or December meeting of the Town Board. Chair Whitcomb stated that he will resist major changes to the report, with the exception of re -tallying the index if requested. Candace responded that the re -tallying could be prepared in advance of the meeting; Chair Whitcomb agreed and asked that it be sorted by descending order of priority. Celia Bowers Conservation Advisory Council October 1, 1992 Page 4 stated that she will be out of town for the meeting. Members discussed that it would be more appropriate for the Council to form the panel for ease in answering questions. Discuss Future Workplan Chair Whitcomb noted that a list had been included in the agenda packet of future workplan options for the CAC. Celia suggested that, as a priority, the CAC work on getting assessments lowered for conservation easements. Members discussed splitting into groups to address different items of interest. Candace offered to work on conservation easement issues. Celia stated that, although she is interested in these issues, her schedule may conflict with activities this winter and fall. Rick Couture stated that he had attended the Water Quality Management Strategy meeting with local communities on 9/29/92. He stated that task groups were organized and asked members to contact him if they are interested in participating on these task forces (R. Couture will act as a liaison). Chair Whitcomb encouraged members interested in lowering assessments for conservation easements to start with Marty Luster's office to request information on initiatives in legislation which would enable local governments to give tax incentives for these types of programs. Celia recommended that the Council wait until after the election process. Chair Whitcomb suggested inviting Betsy to attend a future CAC meeting to update members on her work in this area. In addition, members discussed contacting other CRCs/EMCs to encourage networking on these issues. Celia also suggested that Dooley Kiefer be involved. Phil suggested that the Council contact experts (e.g. , from Cornell) who could offer information on community ramifications from lower tax assessments on properties with conservation easements. He stated that legislators would need this information before supporting such programs. Members agreed that a joint EMC sponsored CAC meeting Conservation Advisory Council October 1, 1992 Page 5 should be held to discuss this as one of the major issues. Chair Whitcomb stated that he met with Lew Roscoe, Chair of the County Planning Board. Mr. Roscoe stated that he is impressed with the Open Space Report, and stated that he is interested in initiating a similar type effort on a county -wide level. Celia suggested stating this at the Town Board presentation. Candace stated that all CRCs could be encouraged to develop their own Open Space Report; she hoped that the CACs could then develop biological corridors that connect all the Towns. Members then discussed other CACs and the benefit in meeting as a group to provide an update on each Council's experiences. Members suggested creating a joint committee made up of area CACs to address the county assessment issues, as well as other issues. It was noted that the EMC would be responsible for scheduling this joint meeting of CACs. Chair Whitcomb asked if there were any other workplan items that Council members were interested in addressing. He stated that the Town Board will most likely request that the CAC revise the Parks and Open Space Plan. Candace asked when the SEQR would be done. It was discussed that this would need to be done before the Open Space Plan is adopted and that the Town Planning staff would be responsible for this. Celia agreed that Council should address the Parks and Open Space Plan. laura marks stated that she is hesitant to begin working on a project because she may be moving out of town. She did state, however, that she would be interested in working with the completion of and tours of the South Hill Trail; one example of a way in which the Council could encourage community support of their projects. Members were very supportive of this suggestion. Rick expressed an interest in developing a CAC brochure to be utilized as a public relations tool for the Council. Candace and John encouraged Rick to attend the conference which would offer a number of suggestions in this area. Members felt that ideas expressed would provide a full agenda for Conservation Advisory Council October 1, 1992 Page 6 upcoming meetings. Candace stated that she hoped that Eva Hoffmann would be willing to prepare her report on scenic views. Chair Whitcomb stated that the following individuals are up for reappointment in January: Candace Cornell, Celia Bowers, Rick Couture, and possibly Eva Hoffman. He asked members to think about nominations for officers to be discussed at the next meeting. Celia stated that she will not be able to attend the next meeting; she stated that she would be willing to serve another term, only if there is no one else interested in filling the vacancy. Candace encouraged a member on the Council to take on the duty of cultivating a better relationship with the Town Boards, to become more involved in their decision making progress, and invite Town officials to be speakers at the meetings. Chair Whitcomb stated that it is his duty to provide a liaison with the Town Board. Although the Town Board agendas are very full now, it might be a possibility at a later date. Celia also discouraged pushing too much at this level. Candace stated that she was suggesting Town Board input for future goals of the Council. Chair Whitcomb recommended a joint meeting of all Boards with the purpose of outlining goals and objectives of the Town. Members overall discouraged the idea of inviting Town Board officials to the meetings. Candace suggested inviting speakers to provide outside expertise (e.g., L•ew Roscoe). Members agreed and discussed inviting speakers which are relevant to what the Council is working on. In summary, it was noted that Mary Smith and some of the members of the EMC (Dick and Dooley) will be contacted in order to set up a joint meeting of CACs to discuss common issues and -to network. Items on the agenda will include discussion of tax breaks for conservation easements, joint efforts for protecting open space, and a brief overview by each CAC representative outlining their accomplishment/frustrations. Another possibility, depending upon Conservation Advisory Council October 1, 1992 Page 7 availability of personnel, would be a tour of the South Hill Trail in the winter or spring. Chair Whitcomb stated that he will forward a disk with the old brochure to Rick Couture for creation of a new brochure for the CAC. Chair Whitcomb reported that he submitted copies of the Open Space Report, the Six Mile Creek Report, and the Ag. Report to the N.Y.S. Association of Conservation Councils for their awards consideration. He stated that he hopes to hear something from them soon. Members discussed the number of hours devoted to these projects. CAC Bylaws Council.members reviewed the draft of the CAC Bylaws prepared by Celia Bowers. Members briefly discussed the CAC calendar. Chair Whitcomb requested comments from members. laura asked if the Bylaws should site the enabling legislation from the Town which enacted the creation of the Council. Members agreed. laura also recommended that "develop a plan" be changed to "work to preserve." Members discussed that this would be deleted when the enabling legislation is referenced. It was noted that the enabling legislation requires three to nine members. Chair Whitcomb added that once the Open Space Plan is approved, the Council will need to request that the Town upgrade the Council to a Conservation Advisory Board. He then suggested that the sentence regarding the "members of the Zoning Board of Appeals" be deleted and instead add "one member from the Town Board and Planning Board will be allowed..." Celia stated that she thinks that the Council voted that there was a conflict of interest between the Zoning Board of Appeals and the CAC and it was specifically stated that there should never be a Zoning Board member. laura proposed that the order of the sentence be switched. Celia expressed concern that switching the sentence will' make it necessary to switch the paragraph. She suggested that the sentence regarding that no member of the Zoning Board should be a member of the CAC be at the end of the paragraph, instead of switching the sentence. Candace Conservation Advisory Council October 1, 1992 Page 8 asked if the Bylaws would allow two members of the Planning Board to participate on the Council. She stated that she is presently a member on the Board and knows that Eva Hoffmann is interested in serving on the Board again. Members stated that the Council had agreed to limit the number to no more than one. Members again discussed members on the Zoning Board of Appeals were not eligible to serve on the CAC. Members discussed that the CAC votes on membership and that such a representative could serve as an associate member. Chair Whitcomb suggested that Council members vote to either include this exclusion in the Bylaws or leave it out entirely. MOTION: Phil Zariello made a motion that the sentence referring to the non -membership of the Zoning Board of Appeals representatives be stricken from the Bylaws. The motion was seconded by Rick Couture and passed by a majority vote. Chair Whitcomb stated that these members could serve as associate members versus auxiliary members. Celia asked for input regarding the section which addresses the fact that the Council could appoint no more than two area residents, who live close to, but not in the Town for membership on the CAC. Members discussed whether or not the Council ever limited the number. It was noted that as written, these members are eligible to vote. The Council agreed that these members could be appointed as associate members. Celia suggested that the last sentence be deleted. Phil stated that there may be individuals who live outside the Town, with commercial interest in the Town, who may be interested in participating on the Council. Members agreed that the sentence in question should be deleted. Members discussed the fact that the Chair must be appointed by the Town Board; this will be included. Candace stated that a hyphen Conservation Advisory Council October 1, 1992 Page 9 should be used consistently in the Vice -Chair title. Members discussed criteria for requiring or verbiage for encouraging regular attendance. Members agreed that wording which stated that "regular attendance of meetings is expected" be included. Rick Couture asked how the Vice -Chair is elected. Wording will be included which states that the Vice -Chair will be elected by a majority vote and appointed for a one year period. Members then discussed the voting procedures. Chair Whitcomb recommended that the language be changed to read that an "issue will pass by vote by a majority of the members present" instead of quorum. Members discussed that the Council will not vote on the Bylaws at this meeting, but will wait for a final draft. Candace expressed concern regarding consensus of the Council. She stated that consensus is often interpretative. MOTION: Celia made a motion that consensus voting be deleted from the Bylaws. The motion was seconded by Candace and approved with a majority vote. Members discussed the need for a quorum -in the voting process. Members agreed that a quorum is a simple majority of council members and will be needed for a vote. The Council then discussed proxy votes and agreed that no proxy votes would be allowed. With regard to the agenda, members expressed their desire to be able to add items to the agenda prior to the agenda distribution (not just at the previous meeting). It was noted that any items can be brought up under "Member Concerns." Chair Whitcomb stated that he feels that items not on the agenda should not be voted on at the meeting. Phil recommended that wording be changed as follows: "Agendas will be set by the Council at the extent practical in the previous meeting. The Chairperson shall have the authority to add, delete, and reorganize the agenda as appropriate." Members agreed. Phil also recommended that "Member Concerns" and "Persons to Be Heard" be included in every agenda. Members agreed. laura marks Conservation Advisory Council October 1, 1992 Page 10 stated that the Calendar should include the election of the Vice - Chair position. Chair Whitcomb recommended that new members be solicited in October and November, and interview/nominate new members to facilitate appointment by the Town Board by December. Members agreed that new members be solicited in October and November, and that interviews/nominations take place in December. A statement would then be added stating that the Town Board appoints new members. No reference would be made to when the Town Board does this. Council members agreed. Members discussed the need for a quorum of all CAC members to vote on amendments. As written, the Bylaws state "unanimous vote of the CAC members present at any meeting, provided that a quorum is present." It was recommended that Roberts Rules of Order be referred to determine percentage majority recommcnded for amendments. Further discussion ensued. MOTION: Candace made a motion that other examples be looked at from Robert's Rules of Order before this decision is made. laura seconded the motion which was passed by a majority vote. Members discussed that changes could be made so that the Bylaws could be revised for review at the next meeting, with the exception of the section relating to amendments. Committee Reports Chair Whitcomb reported that 120 Open Space Documents were printed up and are available for $5.00 each; an Executive Summary is also available. Candace stated than an opinion piece, which is an abbreviated form of the Executive Summary, will be placed in the newspaper. Approval of Meeting Minutes of September 17, 1992 Conservation Advisory Council October 1, 1992 Page 11 Members reviewed the meeting minutes of September li, 1992. MOTION: laura made a motion that the minutes be approved. Celia seconded the motion. laura stated that members who move and second the motions in the minutes must be named per the Open Meetings Law. All future minutes will"include these names. A vote was held and the minutes were approved as submitted. OTHER BUSINESS Candace asked if Council members will receive a copy of the transcript from the Comprehensive Planning Committee's public information meeting held on September 29, 1992. Chair Whitcomb responded that he will provide copies to members. ADJOURNMENT The Conservation Advisory Council meeting was adjourned at 9:25 p.m. :mcf MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) ('607) 273-1747 7:00 P.M. Thursday, Nov. 12, 1992 Agenda 7.00 pm 1 . Report of Chair 7:05 pm 2. Member concerns 7:15 pm 3. Persons to be heard 7.•30 pm 4. Review comments from Open Space public meeting (attached) 8:00 pm 5. Consider approval of bylaws (attached) 8:45 pm 6. Committee Reports 9:00 pm 7. Approve meeting minutes of 10%1 (attached) -i 9:15 pm 8. Adjournment h Members: Please notify John at 273-7322 if you are unable to attend. CAC Members: John G. Whitcomb, Chair Richard Fischer Celia Bowers Eva Hoffmann Candace E. Cornell laura marks Richard J. Couture Phillip Zarriello PRESENT: ;a.�31�2 1 L�� S s N, rRa TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL MINUTES /«, Thursday, November N, 1992 Town Hall Board Room 7:00 p.m. John Whitcomb, Celia Bowers, Candace Cornell, Richard Fischer, Eva Hoffmann, Phillip Zarriello EXCUSED: Rick Couture, iaura marks OTHERS: Pat Louise Davies Chairman John Whitcomb called the meeting of the Conservation Advisory Council to order at 7:15 p.m. He announced that a guest was present at -the meeting; Pat Louise Davies introduced herself. Chairman Whitcomb introduced himself and other members of the Council. Report of Chair Chairman Whitcomb reported that he had attended the annual N.Y.S. Association of Conservation Commissions in Oneonta over the weekend. He stated that the CAC has won a first place "outstanding achievement award" for the following combined reports which were submitted: Six Mile Creek Report, Planning for Agriculture Report, and the Open Space Report. Chairman Whitcomb was pleased to accept the award on behalf of the CAC. He stated that a press release is being prepared and will be forthcoming. Chairman Whitcomb also reported that he was appointed as the State Director in Region 7 of the N.Y.S. Association of Conservation Commissions. Council members offered their congratulations. Chairman Whitcomb gave an overview of other awards given. Chairman Whitcomb continued that membership on the CAC is getting low. He stated that he recently received a resignation letter from Conservation Advisory Council November 12, 1992 Page 2 laura marks who will be moving out of the state. MOTION: Dick Fischer made a motion that the CAC accept this resignation with extreme regret. Eva Hoffman seconded the motion which carried unanimously. Chairman Whitcomb stated that he has contacted some Comprehensive Planning Committee members to see if they might be interested in serving (the CPC will be disbanding in the next couple of months as the Comprehensive Plan will be turned over to the Planning Board). He also noted that the Council should consider contacting public individuals who have spoken out on behalf of environmental concerns. Chairman Whitcomb also stated that Officers for the coming year will need to be elected; he noted that he has been Chair for the past three years and would like to encourage someone else to take over the position. It was noted that the Chair of this Council does not need to be a Town Board member. Chairman Whitcomb then gave some historical information regarding the formation of the CAC. Member Concerns Phil Zarriello reported that he had met with other CACs at the Tompkins County Environmental Management Council. He stated that there are four other CRCs in the County; City of Ithaca's CAC is the most dominant with eleven members who are very active -- especially in SEQR reviews. P. Zarriello noted that, two of the City's CAC members are from outside the City -- they are full voting members. Dick Fischer added that there are other City Boards in which some members are from outside the limits. P. Zarriello continued that with that in mind, our CAC may want to consider changing residency requirements to encourage broad participation on the Council. Lansing's CAC has an emphasis on tree plantings -- they received $10,000 from the Village of Lansing to plant trees, mainly around the Pyramid Mall area. Other items Conservation Advisory Council November 12, 1992 Page 3 being pursued include walkways and bikeways, and salt application and road ditching. Problems encountered by the Lansing CAC include lack of political clout and membership. The Village of Trumansburg CAC is the oldest CAC in the County, established in 1989. Their CAC has made the Village aware of the SEQR process and wrote a packet guideline for public and staff on the use of SEQR -- other items they have worked on include Open Space and Village Master Plan, tree plantings, GIS project through CU, involvement in a waste recycling program established in the Village fairground, upgrading plans for the sewage treatment plan, and organization of the Trumansburg Clean -Up Day. P. Zarriello noted that one of their concerns is the lack of a CAC for the Village of Ulysses. The City of Ithaca is also working on painting storm drains to notify the public where the pipes drain to (e.g., stream, lake, etc.). A pocket guide to handling exterior lead-based paints was also distributed for review. Chairman Whitcomb stated that it might be possible for our CAC to purchase some of these guides and distribute throughout the community. P. Zarriello continued with comments from the meeting regarding how the CACs could interact further. They discussed ways to notify other CACs as to what is going on within each council, promoting tax. incentives for conservation easements on a County -wide basis versus individual CACs, and implications when one Town/Village enacts more stringent land use and its impact on the surrounding area. The next proposed joint meeting would take place in the beginning of the next year. Candace Cornell distributed a copy of the announcement in the NYSACC News about the City of Ithaca's brochure and excerpts from it. Chairman Whitcomb added that he forgot to mention in his report that he will provide a written summary of the NYSACC meeting he attended. There were several concurrent seminars which he and his wife attended separately. The focus of the environmental conference was on promoting conservation in today's economic Conservation Advisory Council November 12, 1992 Page 4 climate -- sessions included funding alternatives, water quality, and environmental impacts of everyday life. Chairman Whitcomb then gave a brief overview of these sessions. There was also a session on grantsmanship -- it was noted that a computer database is available for use in .this area. A session on public access to waterways was also presented at the conference -- a current legal suit involving the Sierra Club and the Adironda* League Club was discussed by Council members. Other items covered were briefly reviewed such as: non -point source pollution, alternatives to pesticides, Hudson Greenway, "Ice Tea Grants," and a tour of a biological field station. C. Bowers asked if it would be possible to mark pesticides with an organic dye so that it can be quickly and easily identified in case of seepage problems. Members discussed the difficulties in using this approach. C. Cornell distributed a copy of an article in the newspaper about the tree planting program. She recommended using this as one of the Council's short term projects. Another short term project she recommended included promoting alternative transportation and distribution of educational brochures. C. Cornell had a number of brochures for review by the Council. Members discussed the tree planting program -- where. seedlings could be obtained inexpensively, as well as where the tree plantings would be focused. It was noted that this program would give the opportunity for the Council to reach out to community members. Chairman Whitcomb also suggested a community clean-up project. It was agreed that these short term projects would be discussed in greater detail at the beginning of the new year when the new Officers are sworn in. Review Comments from Open Space Public Meeting. Chairman Whitcomb stated that there were the usual comments from people who oppose any kind of environmental regulation in general. He suggested that some specific comments be discussed at this Conservation Advisory Council November 12, 1992 Page 5 meeting, including those offered by N. Desch. Chairman Whitcomb stated that he would like to clean up the document in terms of the typos, etc. He would then like to forward a (limited) number of clean copies to present to the Town Board at their December meeting, at which time he hopes that the Town Board will adopt it as the Town's official Open Space Index. Chairman Whitcomb continued that the Council may want to review some of the issues brought forth at the public information meeting. One of those issues, which Mr. Desch brought up, included the fact that some features were quantified in the Open Space Index, while others were not (specifically, the asterix which denotes that 75% or more of a designated area has the indicated slope classification). C. Bowers suggested that the quantifier be omitted in this case to remain consistent with other features noted. C. Cornell stated that this is still a working document and that other data will be forthcoming when available. It was noted that this information will be helpful for those individuals who will utilize this document in the future. C. Bowers stated that the presence of one of these features should alert Board members to look more carefully at the parcel before decisions are made -- and that percentages are not necessary. Chairman Whitcomb's concern was whether this information is helpful to future reviewers or whether it would be a hindrance because it places artificial importance on features that cover more than 75% of a parcel while placing less importance on features which cover less than 75%. E. Hoffman disagreed that less importance would be placed on other features present and discouraged deleting this information which could be helpful (especially when considering the amount of work involved in obtaining the data). Chairman Whitcomb stated that if he received a development proposal as a Town Board member and noted on the index that a feature was present, he would not rely solely on the data in the report, but would request that additional investigation be performed. C. Bowers expressed concern that some future reviewers may rely too heavily on this data, without Conservation Advisory Council November 12, 1992 Page 6 additional investigation. After further discussion, members agreed to hold a vote. VOTE: A vote was held to determine whether or not the asterix should be deleted with regard to quantifying the slope present. Four members (John, hick, Celia, and Phil) voted in favor of removing the asterix. Two members (Eva and Candace) voted in favor of keeping them in. Chairman Whitcomb will work on how this change will be incorporated. The next issue centered on the Town Board's designation of the Conservation Advisory Council to the Conservation Advisory Board, and whether the CAC has fulfilled the spirit of Section 239Y of the law. In particular, Chairman Whitcomb expressed concern regarding page 37 of the Open Space Report in which the conservation/open space inventory is discussed. Some individuals who have expressed a desire that the Conservation Advisory Board not be formed may argue that the CAC has not fulfilled its mandate (because an index per se has not been completed and the Council has not earmarked areas for preservation). Chairman Whitcomb stated that this is a feature -based inventory, not an inventory of parcels to be protected, however, the Council and Town Board agree that these unique features should be preserved. Members discussed the difference between the Council and Board status. C. Cornell suggested that the foreword to the Board include language which defines the Open Space Index as a tally of environmentally important features, plus a sentence which modifies the meaning of the Conservation Open Space Map. Chairman Whitcomb noted that all maps will be updated/revised, time permitting. He also recommended that Map 7 (1990 Land Use) be added since it includes open areas within the municipality -- these open areas include those that are required to be set aside out of Conservation Advisory Council November 12, 1992 Page 7 subdivision plots, publicly owned areas, or areas preserved by non- public organizations. Members agreed and noted that these seven maps together will satisfy the mapping requirements of the law. C. Bowers congratulated C. Cornell on her work on the document which made it more acceptable to the public. Chairman Whitcomb noted that some comments indicated that there was concern that the formation of a Conservation Advisory Board would increase the time/effort involved in a review of development proposal by the Planning Board. Members agreed that there was plenty of time (under current application time -lines) to review a development proposal by the Conservation Advisory Board before it was placed on the Planning Board agenda. Chairman Whitcomb suggested that the CAC could work with the Town Planning Staff to develop procedures for this review. As discussed previously, C. Cornell recommended that the following sentence be inserted on page 4, second paragraph, before the last sentence: "The Town of Ithaca Conservation Open Areas Maps consist of seven maps presented on page 67-73 of this report. The Town of Ithaca 1990 Land Use Map presents the current designated open space areas. The 1992 Open Space Inventory will guide in the inclusion of environmentally significant areas denoted on Maps 1-6." Chairman Whitcomb suggested that we add instead that the emphasis of this Open Space Index is on protection of environmentally significant features, rather than parcel -based. In addition, he recommended that we add that the series of maps following in the back of this document provide "the lists of features we feel are important for preservation. At this point, C. Bowers had to leave. Members discussed that the next meeting would be held on Thursday, December 3, 1992. P. Zarriello stated that he received a letter back from F. Forman Conservation Advisory Council November 12, 1992 Page 8 4ur regarding a concern that the CAC was "leftAof the loop" with regard to the smoke stack issue, as well as incompleteness of the SEQR review form. F. Forman's reply was that C. Cornell was notified back in August -- C. Cornell stated that she didn't receive notification regarding this. P. Zarriello stated that he will bring a copy of the letter to the next meeting. E. Hoffmann recommended that all letters forwarded by members of the Committee be attached to the minutes so that other members can review the correspondence. Consider Approval of Bylaws. C. Cornell stated that there was an inconsistency between the bylaws and the Town's directive with regard to membership. The Town's directive states a minimum of three members and maximum of nine (the CAC bylaws state a minimum of seven and a maximum of nine). C. Cornell read the complete Town directive aloud to Council members. Chairman Whitcomb stated that the bylaws and the Town directive should be consistent. It was also noted that the Town directive states that members must be residents of the Town of Ithaca. Members expressed a desire to also include residents of communities adjacent to the Town or within Tompkins County. The Council discussed both the pros and cons cf having members who reside outside of the Town on the Council. Chairman Whitcomb stated that we can not change our bylaws, unless the Town revises their directive. It would be possible to make a resolution to the Town Board to this effect. Chairman Whitcomb suggested that these bylaws be adopted now and that a resolution to the Town Board could be forwarded when the CAC is designated as a Conservation Advisory Board. Members also discussed the difference between associate and auxiliary members -- associate members were defined as those non- voting members living within the Town of Ithaca, while auxiliary members lived outside the Town. Chairman Whitcomb recommended that auxiliary members be changed to associate -- if the members are non-voting, it doesn't matter where they reside. Members then Conservation Advisory Council November 12, 1992 Page 9 discussed that the Town Board has not authorized associate members and that this membership status would also need Town Board approval. The use of consultants were also discussed. E. Hoffmann, who was not present at the last meeting, referred to the minutes and asked why it was considered to be a "conflict of interest" for a member of the Zoning Board of Appeals to serve on the Council. Chairman Whitcomb responded that it was one Council member's opinion. He also stated that he feels that now that the Board is up and running it should consist of private citizens, with Board members serving as liaisons. These issues will be considered further. MOTION: D. Fischer made a motion that the CAC Bylaws be approved as amended (to be consistent with the enabling legislation as discussed, and changing auxiliary member to associate members). C. Cornell seconded the motion which was approved by a majority vote. Committee Reports. E. Hoffmann stated that her schedule has made it impossible for her to continue to chair the ERC and asked that someone else takeover when her term expires (C. Cornell and P. Zarriello have also served on this Committee). E. Hoffmann asked if her term on the Council will expire in December. Chairman Whitcomb responded that he will check the records to determine exact terms of appointments for all Council members. E. Hoffmann continued her report and stated that she gave a copy of the Open Space Report to ERC members at their last meeting. E. Hoffmann stated that she has not decided whether or not she will continue her membership on the Council; although she did state that she will continue her work on the preservation of scenic views. She stated that the ERC is working on a number of projects including the following: hospicare project, smoke stack for the incinerator at the Vet School, and the Albanese parcel on East Hill. P. Zarriello and C. Cornell reported on a couple of reviews performed, including additions to non -conforming Conservation Advisory Council November 12, 1992 Page 10 structures. P. Zarriello stated that he received a call from someone who represented a development which is early in its planning stages. The development seemed unique, as it requested information on the hydrology, etc. He stated that this case should present a good opportunity to show concurrent review from a conservation aspect. P. Zarriello also noted that the Cornell landscape class provided some ideas about how to develop the triangle piece near the Inlet Valley. He recommended that we encourage them to work on some of these projects versus a standard tract subdivision' (e.g. the hospicare project). Chairman Whitcomb stated that G. Frantz often provides alternative sketches to traditional clustering, etc. Open Space Revisions - Continued. Regarding the Open Space Report, Chairman Whitcomb provided the followin .�id;�� g .-, to be added to the beginning of the second paragraph on page iv of the foreword: "The 1992 Open Space Report emphasizes the importance of protecting and preserving ecologically important features, rather than entire parcels of land. The seven maps at the end of this document, pages 67-73, depict these important features, public and private parks and open space preservation." The paragraph will continue as written: "The map depicts the 175 open -areas as unshaded, twenty-five of these areas are publicly owned and are highlighted by stippling. The numerous residential and commercially developed areas of the Town are shown on the map fully shaded." He recommended that the rest of the paragraph be deleted. Members approved the change as drafted. Chairman Whitcomb stated that discussed changes will be made and a minimal number of copies will be made for review by the Town Board. Persons to be Heard. None. Conservation Advisory Council November 12, 1992 Page 11 Approve Meeting Minutes of October 1, 1992. It was noted that Eva Hoffmann was not present at the October 1, 1992 meeting. MOTION: C. Cornell made a motion that the minutes be approved as amended. D. Fischer seconded the motion which was carried by majority vote. ADJOURNMENT MOTION: A motion was made seconded and passed the meeting of the Conservation Advisory Council be adjourned at 9:00 p.m. :mcf BYLAWS OF THE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL Approved 11/12/92 The Town of Ithaca Conservation Advisory Council (hereafter referred to as the CAC) was established by the Town Board of the Town of Ithaca (resolution attached) to assist the Town in the management and protection of resources such as open space, agricultural lands, natural areas and features and other environmental matters. The CAC shall consist of a minimum of three and a maximum of nine residents of the Town of Ithaca who demonstrate interest in the preservation issues. They will be nominated by the CAC and approved by the Town Board. All the above members, once approved, will have full voting rights and responsibilities. CAC members will be appointed for two year terms: a member may serve for as many terms as she/he wishes with CAC and Town Board approval. Associate members without voting rights may be approved by a quorum of the CAC. The Chairperson of the CAC will be nominated for a one year term by a majority vote of the CAC. After confirmation by the Town Board, he/she will assume the normal duties of a chairperson, including calling, scheduling, and canceling meetings and keeping CAC meetings orderly. The Chair will also be responsible for overseeing the keeping of adequate financial records and filing financial statements and reports to the proper authorities in a timely manner. The Vice -Chair will be appointed for a one year term by a majority vote of the CAC. The Vice -Chair shall assume the duties of the Chair in the absence of the Chairperson. The CAC shall meet once a month, with a second meeting as necessary, at a time and place which accommodates the majority of the members. Regular attendance at meetings is expected. The annual re -organizational meeting of the CAC should be scheduled to coordinate with other Town agencies. A quorum will be constituted by a simple majority of the Council. An issue will pass by vote if a majority of the quorum present votes affirmatively. Proxy votes are not permitted. MHOW36"1711-M To the extent practical, the agenda will be set by the Council with the Chairperson adding, deleting, and organizing the agenda as appropriate. The time to be allotted to each item shall be decided in advance and used as'a guideline during the meeting. Time should be spent at the beginning of each meeting reviewing the agenda. If an issue is not on .the agenda, any CAC member may bring up issues at any meeting under the item Member Concerns. Member Concerns and Persons to be Heard must be on the agenda at every CAC meeting. ume Minutes shall be kept at every meeting either by a secretary hired for that purpose or by a CAC member designated by the Chair on a rotating basis. Minutes should be mailed to members along with the information of the following meeting's agenda. Every effort should be made to pass minutes at the meeting immediately succeeding it. September - CAC financial records go to the Supervisor to be included in the town budget October - New members solicited December - Interview and nominate new members: Elect Chair and Vice Chair Dec./Jan. - Town Board appoints new members and officers These bylaws may be altered, amended, or repealed and new bylaws adopted by 2/3 vote of the CAC membership, provided that quorum is present and that a statement of intent to change the bylaws has been published in the agenda of the meeting. TOWN BOARD RESOLUTION, 12 FEBRUARY 1990 CREATION OF CONSERVATION ADVISORY COUNCIL WHEREAS, preservation and improvement of the quality of the natural and man made environment within the Town of Ithaca in the face of population growth, technologic change, and increased building and traffic, with their accompanying demands on natural resources are found to be of increasing and vital importance to the health, welfare and economic well being of the present and future inhabitants and require forthright action by the Town Board of the Town of Ithaca, and WHEREAS, it is the policy of the Town of Ithaca that resources such as open space, agricultural lands, natural areas and features be adequately protected and managed, and WHEREAS, Stuart I. Brown Associates Inc., in the Town of Ithaca Comprehensive Planning Reports, Analysis and Recommendations, urges the creation of an advisory board to assist the Town in the management and protection of such resources, and WHEREAS, the Towh of Ithaca Planning Board in a resolution dated December 5, 1989, recommends the establishment of a committee to assist the Town Boards and staff in such environmental matters, and- WHEREAS, nd WHEREAS, the State of New York has, in Section 239-x of the General Municipal Law, specifically authorized municipalities to create Conservation Advisory Councils and further that the State, through the Department of Environmental Conservation, shall reimburse municipalities for a percentage of their expenses of operating such Conservation Advisory Councils; THEREFORE, IT IS RESOLVED: 1. ESTABLISHMENT: That the Town Board of the Town of Ithaca create and hereby does create an advisory body known as the "Conservation Advisory Council" (hereafter referred to as the CAC). 2. PURPOSE and DUTIES: That the purposes and duties of the CAC are to: a. Assist the Town Boards and staff in the creation, improvement and implementation of plans and policies related to environmental protection and management, open space, natural areas and features, -and agriculture. b. Conduct and maintain an inventory of the natural resources within the Town of Ithaca and maintain an up to date index of all open spaces as defined in Section 239-y of the General Municipal Law, in public or private ownership within the municipality, including but not limited to natural landmarks; glacial and other geomorphic or physiographic features; streams and their flood plains, swamps, marshlands, and other wetlands; unique biotic communities; scenic and other areas of natural or ecologic value. Such index shall include ownership, present and future uses of such open areas, so as to provide a base of information for recommendations by the council for their preservation and/or use. c. Seek to coordinate, assist and unify the efforts of private groups, institutions and individuals within the Town in accord with the purposes of this resolution. d. In cooperation with the Planning Board and the Comprehensive Planning Committee, recommend features, plans and programs relating to environmental improvement for inclusion in the Master Plan of the Town of Ithaca, and similarly, recommend to the Town Board appropriate and desirable changes in existing local laws and ordinances relating to environmental and land use controls or recommend new local laws and ordinances. e. Review development applications and make recommendations to the Town boards on environmental assessment regarding open space, natural areas and features and agriculture. f. Carry out other duties as assigned from time to time by the Town Board. 3. MEMBERSHIP: That the CAC shall consist of no less than three (3) members and no more than nine (9) members, appointed by the Town Board, who shall serve for terms of two (2) years. One member shall be the Town representative to the Tompkins County Environmental Management Council. (half the initial members shall be appointed for one year and half the initial members shall be appointed for two years). Any person residing within the Town of Ithaca who is interested in the improvement and preservation of environmental quality shall be eligible for appointment. Each member shall be entitled to one vote. 4. OFFICERS: a. That the Town Board annually appoint one from the total membership of the nine members of the CAC to serve as Chairperson of the CAC. b. That the CAC elect from its membership a recording secretary and that accurate summary records of its meetings and activities be kept and reported to the Town Board as requested. 5. PROCEDURES and REPORTS: That the CAC a. adopt rules and procedures for its meetings. b. prepare necessary applications and reports to the State in order that the Town receive appropriate monetary reimbursement for CAC activities, according to Part 636, Title 6, N.Y.S. Codes, Rules and Regulations. c. receive staff and clerical assistance from the Town as necessary in the preparation of the above documents. 6. COMPENSATION and EXPENSES: That the members of the CAC shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in performance of their duties within the appropriations made available thereof. 7. CONSERVATION ADVISORY BOARD: That the Town Board, by resolution or local law, redesignate The CAC as the Conservation Advisory Board (CAB), provided the CAC has prepared and submitted to The Town Board the conservation open area inventory and map which are accepted and approved as the open space index of the Town by the Town Board. Such Conservation Advisory Board (CAB) will have specific additional powers and duties as provided for in the Laws of New York State. MEETING NOTICE TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL TOWN HALL BOARD ROOM 126 East Seneca Street Ithaca, New York 14850 (Entrance at rear of building -- west side) (607) 273-1747 7:00 P.M. Thursday, Dec 3, 1992 Agenda 7.00 pm 1. Report of Chair 7.05 pm 2. Member concerns 7.15 pm 3. Persons to be heard 7.•30 pm 4. Discussion of possible projects for 1993 (see memo on tree planting, park stewards, others?) 8:00 pm 5. Nominate CAC members for 1993 (Terms of Celia, Candace, Eva, and Rick, expire in January. 8:20 pm 6. Select CAC chair and Vice Chair for 1993 8:30 pm 7. Discuss Ithaca Trolley endorsement (see enclosure) 8:45 pm 8. Committee Reports '9:00 pm '. 9. Approve meeting minutes of 11/121 9:15 pm 10. Adjournment Members: Please notify John at 273-7322 if you are unable to attend.. CAC Members: John G. Whitcomb, Chair Celia Bowers Candace E. Cornell Richard J. Couture Richard Fischer Eva Hoffmann laura marks Phillip Zarriello MINUTES TOWN OF ITHACA CONSERVATION ADVISORY COUNCIL Thursday, December 3, 1992 PRESENT: Celia Bowers, Candace E. Cornell, Richard Fischer, Eva Hoffmann, John Whitcomb, Phillip Zarriello EXCUSED: Rick Couture OTHERS: John Bowers Chairman John Whitcomb called the meeting to order at 7:03 pm. Report of the Chair Chairman John Whitcomb presented copies of the December version of the Conservation Advisory Council's Town of Ithaca 1992 Open Space Report. To save paper, copies of the edited pages are also available to anyone for inclusion in the September version. The Town Board will vote on the approval of the Report at their December 7, 1992 meeting. John presented the CAC with its 1992 New York State Association of Conservation and Environmental Management Council's (NYSACC) Special Award for extraordinary achievements. The award is for extraordinary achievements in three superior projects: Six -Mile Creek Valley. A Heritage To Preserve, Planning For Agriculture in the Town of Ithaca, and the draft 1992 Open Space Re ort. He also announced his appointment as a NYSACC Region 7 Director. Joy Squires, President of NYSACC, wrote a press release for both honors. The release was sent on November 27, to the Ithaca Journal, Ithaca Times, Herald American, the Cornell Daily Sun, Channel 7 and 13 TV news, and four local radio stations. To date, no one has heard or seen the announcement. Celia Bowers suggested that someone, perhaps Shirley Raffensperger, write a letter to the editor, lauding the CAC and John for these accomplishments. Celia suggested that we send a copy of the award to laura marks who has now moved to Virginia. Eva Hoffmann suggested that we send laura a card expressing our appreciation for her work on the CAC. Members Concerns Candace Cornell passed out excerpts from an American Planning Association article pointing out the negative aspects of light rail (trolley) systems. Phil Zarriello inquired if anything had been done regarding our CAC publishing the City's CAC lead paint pamphlet. No one has pursued the issue. John ventured that the CAC might print and distribute copies if there is a demand. There is funding for printing in next year's budget. Phil attended the Water Strategy Management for Cayuga Lake Basin meeting. He is representing the water monitoring committee on behalf of the USGS and the CAC. Jim Skaley, Tompkins County Planning Department, is the organization coordinator. Their next meeting will be January 26, 1993. Correspondence between Phil and Floyd Foreman (10/19-20/92) regarding .the proposed Cornell University Veterinary Incinerator Stack were discussed. The sequence of events from the ERC's initial notification of the project on August 24, 1992 were reviewed. Celia asked whether or not the Planning Staff used any of the ERC's comments at the Planning Board hearing. Candace responded that many of the collective comments about the project were used. (CAC Minutes, 12/3/92, page 2 of 4.) Dick Fischer announced an offer in the Sport's Fisherman's Institute Bulletin for a free wetland education poster available from USFWS. Phil brought to the attention of the CAC two excellent reference sources - the Island Press Catalogue and the Environmental Health and Safety Government Information catalogue. Celia announced that her she and her family are going on a European sabbatic sometime before Spring of 1994. She offered to relinquish her seat on the CAC if there was a permanent applicant. Eva stated that she could no longer head the ERC although she would finish this year as Chairperson. It was decided that committee restructuring would be done in January. Persons to be Heard none Discussion of Possible 1993 CAC Projects Candace presented the Park Stewardship concept modeled after the Town of Huntington's CAC Park Stewardship Program. Joy Squires, Chair of the Huntington's CAC, has supplied information regarding the structure of their program. Dick is a park steward in an Ithaca City program. The CAC consensus was to consider this program closer to Spring when park utilization by our residents increases. Candace discussed Phil's suggestion of establishing a CAC Tree Planting program. An initial project could be the Hospicare facility scheduled for construction on East King Road. The site had been denuded of top soil for other development on South Hill. Hospicare would like to beautify the site for its clients and the neighborhood. The site includes a trail dedicated to the Town, Chase Pond, and reserved open space. Peter Newell, Hospicare's architect, was in favor of the idea and suggested planting on the knoll behind (north) of Chase Pond. The coordination of offering free publicity for material donors with Hospicare's major fundraising campaign would be beneficial. Phil suggested discussing the idea with Carl Leopold (Village of Lansing CAC) and Barbara Paige (Trumansburg CAC) regarding their experience. John noted that it is not appropriate or legal for the Town to make gifts to private entities. He suggested conferring with our Town attorney, John Barney, regarding legalities involved in volunteering time for this project. Dick described the highly -successful Arbor Day project he worked on in 1972. His group worked with school children to plant trees on their school grounds. This highly publicized project easily found donators of materials, including sharpened stakes and wire, with no virtual outlay of cash. Eva wanted special attention paid towards not blocking scenic views with in- appropriately placed conifers. Eva noted that shrubs could also be utilized to landscape without blocking views. Candace added that tree and shrub species could also be selected for wildlife habitat benefit. Celia made a motion to establish a Tree and Shrub Planting Committee, Dick seconded. Unanimously approved. Eva, Dick, and Candace would like to be on the initial committee although the entire CAC would probably participate. (CAC Minutes, 12/3/92, page 3 of 4.) Nomination of Members for 1993 (Terms of Bowers, Cornell, Couture, and Hoffmann expire in January). John stated that Rick Couture has attendance conflicts and is considering resigning. The CAC changed its meeting date, beginning in January, to the second (primary meeting) and fourth (optional meeting) Thursdays of each month. John will verify that there are no scheduling conflicts for the Town Hall Board Room. Celia, Candace, and Eva all agreed to be reappointed. Dick moved that Bowers, Cornell, Couture, and Hoffmann be re -nominated. The motion was seconded by Phil and carried unanimously. The nominations will be sent to the Town Board for appointment. Selection of CAC Chair and Vice -Chair for 1993. John officially declined renomination as chair. After the Town Board votes on the Open Space Report at their December 7, 1992 meeting, John feels his initial goals to establish the Town CAC and complete the Open Space Report will be completed. Dick moved that Candace Cornell be recommended to the Town Board for appointment as Chair of the CAC for 1993. The motion was seconded by Phil. Aye: Celia, Eva, Dick, John, and Phil. Abstain: Candace The recommendation will be sent to the Town Board for appointment. Candace nominated Phil Zarriello for Vice -chair of the CAC for 1993. The motion was seconded by Dick. Aye: Celia, Eva, Dick, John, and Candace. Abstain: Phil. Discussion of the Ithaca Trolley Candace presented Paul Glover's Ithaca Trolley Plan as published in his Ithaca Money periodical. The CAC discussed the pros and cons of the plan in light of the American Planning Association article. There would be a tourism benefit for the City and Town. However the negative aspects of light rail (trolley) systems include under -ridership and high initial cost. Candace had sent Mr. Glover information on the federal ISETEA grant available for alternate forms of transportation. George Frantz had -estimated the proposed trolley project would cost at least 18 million dollars. This would be the equivalent of Transit System purchasing 40-50 buses (perhaps powered by natural gas, solar, or other power) that could improve service on existing City routes to 8-9 minute intervals. Celia could not envision a trolley servicing a routes outside the City. John agreed, saying the trolley might provide alternate transportation to the City and Town only if they were coordinated with park and ride lots. Dick has extensive experience riding trolleys. They are very quaint but may not be suited to Ithaca's climate or terrain. Trolleys would probably create traffic congestion because of the configuration of our streets. The consensus was that the CAC favored improving the existing transit system with energy efficient vehicles. Phil requested that we do not discourage the trolley idea and that further study might be indicated. Candace moved that the CAC "lay the endorsement of the Ithaca Trolley Plan on the table." Dick seconded the motion which was carried unanimously. (The issue can be "removed from the table" and reconsidered in the future by a majority vote of the CAC.) (CAC Minutes, 12/3/92, page 4 of 4.) ',ommittee Repor none roval of Minutes of 11/12/92 The spelling of Adirondack was discussed and changed on page 4. Phil's quote on page 8 was corrected to read "left out of the loop." the use of the word "verbiage" on page 10 was changed to "wording". Dick made a motion that the minutes be approved as corrected. Candace seconded the motion which was carried unanimously. Other Business Celia was concerned that none of the local news media had reported the NYSACC award or John's appointment as state director. She suggested that someone, perhaps Shirley Raffensperger, should write a letter to the editor lauding the CAC and John for these accomplishments. Celia also felt the future missions of the CAC must include developing the Environmental Atlas and promoting reduced tax assessment for conservation easements. Phil stated that the Water Strategy Management for Cayuga Lake Basin group is coordinating GIS systems with the County planning Office and his office of the USGS. He hopes this will develop into a system the CAC can utilize for the Atlas. Candace has been working with the Finger Lakes land Trust on reducing assessment for conservation easements. Celia felt other tactics on this issue should be studied. John would like to make this his priority in 1993. Candace will provide the CAC a detailed description of methods for open space preservation used in other communities. It will be an expanded list of the discussion in the Open Space Report. The CAC discussed the possibility of becoming a Conservation Board (CB). John stated that the Town Board would be considering this at a meeting in the near future. The initial 1990 Town Board resolution creating the CAC basically gave the CAC all the functions that a CB would have. One advantage the CB would have would be that it would be required to be a part in the development review process. This would remedy the major frustration of the ERC, ie. the last- minute notifications of projects for review. This would enable the CB to become a more effective part of development review. The CB would receive development applications and review the concurrently with the Planning Dept. John mentioned the possibility of recruiting new members for the CAC (CB) from the Comprehensive Planning Committee, since the CPC's task is nearly complete. Adjournment A motion to adjourn was made, seconded, and carried unanimously at 9:05 pm. The next meeting of the CAC will be January 14, 1993. Respectfully submitted: CEC & JGW.