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