HomeMy WebLinkAboutMN-CC-2009-05-11COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 5:30 p.m. May 11, 2009
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
BPW Commissioner –Wykstra
Water & Sewer Division Environmental Analyst - Johnston
Superintendent of Public Works – Gray
Director of Planning & Development – Cornish
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested the addition of Item 2.3 Benchwarmers Restaurant Alcohol
Permit Request – Resolution. No Council member objected.
SPECIAL ORDER OF BUSINESS:
2.1 Land Protections for Six Mile Creek
Attorney Richard Ruswick, author of the "Report on Legal Effects to Lands Owned by
the City of Ithaca Along Six Mile Creek Caused by Change in Source of Drinking
Water", Andy Zepp of the Finger Lakes Land Trust, and Rick Gell of O' Brien and Gere
joined Common Council for the discussion.
Mayor Peterson distributed copies of Mr. Ruswick’s report for Common Council review.
Alderperson Coles noted that two water source options have been presented
(build/purchase) and both sides of the issue of protection of the natural area should be
addressed in tonight’s presentation. Mayor Peterson responded that all of the
information will be included.
Mr. Gell explained that O’Brien & Gere hired Attorney Richard Ruswick to create the
report on the legal effects to the land owned by the City along Six Mile Creek.
Mr. Ruswick reviewed the contents of the report including a brief overview and history of
the watershed area. He noted that land was acquired in many different ways and
different exceptions may apply. He further explained that some of the lands owned by
the City are located in the Town of Ithaca and therefore subject to Town laws and
regulations.
Discussion followed on the floor regarding the environmental protections that would be
lost if the reservoir were no longer used as a drinking water source. Mr. Ruswick
explained that one of the protections that would remain in place is the City ownership of
the land; however, if it is no longer used as a drinking water source or a back-up source,
the City can no longer protect the reservoir via the Ithaca watershed regulations that
were adopted under the provisions of the New York State Public Health Law. He noted
that the watershed regulations are old and not very restrictive and suggested that if the
City were to continue to use Six Mile Creek as a drinking water source, it may want to
review and revise the regulations. The current restrictions include bathing, boating,
fishing, camping, watering of animals, the placement of cemeteries, animal enclosures,
manure piles, human excreta and garbage.
Alderperson Coles questioned what regulations were in place for the Cayuga Lake
watershed. Mr. Ruswick noted that Bolton Point does not have any watershed
regulations for Cayuga Lake; however, it is a criminal offense to pollute a water supply.
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City Attorney Hoffman explained that the watershed regulations do not address
residential or commercial development, or clear-cutting of the area. He noted that the
regulations were adopted in the 1930’s and they don’t recognize that the lower reservoir
is no longer viable as a back-up water source. Mr. Ruswick confirmed that the current
regulations address the area at the top of the 30’ dam and upstream from that point.
Alderperson Coles questioned the lack of watershed regulations for Bolton Point when
there are three wastewater treatment facilities emptying into the lake. Mr. Ruswick
explained that wastewater treatment facilities have regulations regarding discharging
water into the lake and although Bolton Point does not have watershed regulations,
other water authorities may.
Alderperson Rosario questioned whether someone could develop land within the City
watershed that wasn’t city-owned. He further questioned the concept of “moral
authority”. Mr. Ruswick affirmed that under current regulations the land could be
developed. He noted that “moral authority” is not admissible in Court without legal
authority. He stated that there are not any “pro-active” measures that can be taken.
The City would have to wait until a violation of the regulations occurs.
Mayor Peterson noted that an overlay conservation zone that includes the Town of
Ithaca may be possible.
Andy Zepp, Finger Lakes Land Trust explained that the Land Trust has fourteen (14)
legal agreements / conservation easements for private land surrounding the Six Mile
Creek water source in addition to 150 acres near the headwaters of the watershed.
Discussion followed on the floor regarding deed restrictions, land use, and eminent
domain procedures for the watershed. Mr. Ruswick noted that no properties in the
watershed area were acquired by eminent domain after the 1978 law change that
required the use of the land to remain the same for 10 years. If this property is no
longer used as a drinking water supply, the City would not lose title to any of the
watershed properties.
Mr. Ruswick continued to explain that the land located in the Town of Ithaca was mostly
zoned “Conservation”, although a small percentage is zoned for “Planned Unit
Development”. The land located in the City is not currently zoned. The City lands have
been designated as a “Unique Natural Area” by Tompkins County for planning purposes
only. The designation does not carry any protections with it. He further noted that a
very small section of land has been designated as a Federal Protected Wetland;
however, no additional protections are afforded. The Safe Drinking Water Act does not
offer any protections for the reservoir.
Further discussion followed on replacing lost restrictions. Mr. Ruswick explained that
the watershed regulations affect lands that the City does not own and the City has the
ability to enforce the regulations. There are two ways that the protection of the
regulations could be replaced:
1.) The City could get property owners to sign a voluntary conservation easement
which would assign some property rights to the City.
2.) Seek a New York State designation as a Wild, Scenic, or Recreational River.
The question was raised as to whether the City was monitoring the watershed
protection buffer zone. Environmental Analyst Johnston responded that the City does
not perform formal monitoring for development purposes; however monitoring for points
of sediment/phosphorous deposits does occur. The City works collaboratively with the
Caroline Watershed Group and volunteer monitoring is conducted.
Discussion followed on other possible protections such as Clean Water Act designation,
restrictive covenants, or the sale of the land to New York State / park land alienation.
Mr. Zepp noted that either way, the City has work to do to create a systematic program
to protect the watershed. If the purchase option is selected, the City will be the steward
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of 1,000 acres of recreational land. Conservation easements are a tool that can help to
protect that land.
Alderperson Dotson questioned whether the watershed regulations could be updated.
Alderperson Rosario stated that he feels the current regulations are very fragile and
need to be addressed now. Mr. Ruswick stated that he is trying to obtain the model
regulations and will share them with Council once he has received them. Mr. Gell noted
that he has a copy of the model regulations but they don’t restrict development, they
focus on environmental and water quality issues. Mr. Ruswick noted that the New York
State Department of Health would have to approve any new regulations and this tends
not to be a high priority for them. Environmental Analyst Johnston noted that Cornell
University is currently trying to update their regulations and that perhaps this is a good
time to join in the effort.
Alderperson Cogan suggested that future discussions include identifying protections
that the City is interested in pursuing. Alderperson Dotson stated that it would be useful
to look at other municipal regulations.
2.2 Water Supply Options - Discussion
Mayor Peterson asked Common Council members what questions they had regarding
water option costs.
Alderperson Rosario requested that information be provided about what "embedded"
costs would remain if the City chooses Bolton Point (ie. overhead costs: maintenance of
pipes, Chamberlain's Office time, etc.).
Alderperson Schuler requested that a cost benefit analysis be completed on obtaining
water from a 37 year old plant with upgrades vs. a new facility with state of the art
technology.
Alderperson Cogan requested Information regarding costs/ savings realized by utilizing
the City's infrastructure to pump water to the west end of town (ie. pumping cost, water
age issues, infrastructure, maintenance/capital improvements).
Alderperson Clairborne requested information regarding the costs of laying pipe to the
City line and any potential costs of legal challenges related to the required easements.
Alderperson Coles questioned how the proposed Southwest Development would impact
the West End water issues such as "dead-ends".
Alderperson Clairborne asked what costs would be involved in maintaining the
watershed area If the purchase option is chosen.
2.3 Benchwarmers Restaurant Alcohol Permit Request - Resolution
By Alderperson Myrick: Seconded by Alderperson Schuler
WHEREAS, Benchwarmers Restaurant on the Commons has requested an outdoor
dining permit with permission for the sale and consumption of alcohol, and
WHEREAS, this use of public property has generally been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Benchwarmers Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
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WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for
Benchwarmers Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 7:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor