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HomeMy WebLinkAbout1989-1991 Conservation Advisory Council Minutes (not complete)OFFICE OF CITY ATTORNEY CITY OF ITHACA 1OB EAST GREEN STREET ITHACA, NEW YORK 14850 MEMORANDUM TELEPHONE: 272-1713 CODE 607 RECEIVED JAN 13 16 TO: Mayor John Gutenberger Carolyn Peterson fl FROM: L. Richard Stumbar, City Attorney !�- '. DATE: January 10, 1986 RE: Residency Requirements - Conservation Advisory Council I have been requested to render an opinion visa -vis the residency requirements of a member of the Conservation Advisory Council. The Conservation Advisory Council is authorized and created pursuant to Section 239-x of the General Municipal Law. Said law, by itself, does not establish .a residency requirement. However, residency requirements continue to be controlled by the Public Officers Law of the State of New York - specifically Section 3. Under the provisions of this law a distinction is made between employees and "public officers". There is no requirement that a municipal employee reside in the municipality in question. A public officer however must be a resident of the political subdivision which he/she serves. The question then is reduced,to whether or not a member of the Con- servation Advisory Council is a public officer. My opinion is in the affirmative. A public officer is one who is required to discharge duties for the public and the duties entrusted to him/her are official and a public charge. The courts have determined that the following positions are public officers within the meaning of the law in various cases (this of course is not an ex- haustive list): Legislators, District Attorneys, School Board Members, Bridge Commissioners, Park Commissioners, Election Commissioners, Highway Superintendents, Urban Renewal Agency Members, Library Trustees, Planning Board Members. This I hope will give you an idea of the scope of the concept. The City as for other offices can pass a local law changing the require- ment. A resolution, however, is not sufficient. LRS:bw RECEIVED OCT 20 1989 Resolution to Common Council from Conservation Advisory Council on Relieving traffic congestion October 19, 1989 WHEREAS, traffic congestion and parking in the City of Ithaca have become major problems, and WHEREAS, every community bears a responsibility to reduce the causes of global warming --brought on- in large measure by automobile exhaust; and WHEREAS, there are several ways the City could relieve these problems, therefore BE IT RESOLVED that the City adopt a multi -pronged attack on these problems, including the following specific suggested solutions: 1. the City urge Cornell to charge students for owning cars and put the money collected into a fund for subsidizing a free bus system for all members of the public; 2. the City work with the County to immediately start working on ways to improve mass transit, including looking into costs and feasibility of light rail systems; 3. the City encourage Cornell, Ithaca College, TC3, the hospital, and other large traffic generators to construct park-and-ride facilities in Varna, on South Hill (in the Town of Danby or Ithaca), in Lansing, and on West Hill (in the Town of Ithaca or Ulysses). 4. the City urge the large traffic generators to subsidize a public transit system that would be free to all and would run more frequently, to more places, and at predictable times. (Cornell could, for example, divert the huge funds proposed for new parking lots on or near campus, to the public transit fund.) 5. the City and County work together on setting up a ride -share program. Comments: As we delay, congestion, air pollution, global warming, and loss of open space to parking lots only become worse. It should be noted that Mt. Holyoke, Smith, Amherst, Hampshire College, and the U. of Mass. jointly subsidize a bus system that is free for anyone, provides service within and between the five towns, and is heavily used by the public. The County Planning Dept. may be able to help resolve these problems, and we urge the City to seek this help. (Resolution 'approved unanimously, October 16, 1989.) MINUTES CONSERVATION ADVISORY COUNCIL Meeting of December 11, 1989 Present: all members (Broberg, Darlington, Emilian, Farrell, Hotchkiss, Jones, Tripp, Waldron, .Wertis), and CC liaison Carolyn Peterson; guest: Will Burbank Absent: Liaisons Joe Daley (BPW, P&D) and John Johnson (CC) NEXT MEETING: MONDAY, JANUARY 8, 1990 1. Minutes for Nov. approved without change. 2. Letter to DEC in support of Common Council's resolution asking that Hog Hole be recognized as of "unusual local importance" and be added to wetlands maps: revised, then approved unanimously. 3. Letter asking Common Council to remain firm about being lead agency for Treman Marina environmental review: approved unanimously. 4. Will Burbank came to discuss his concerns with the "bag -tag" (charging people per container) proposal for charging for trash. Felt the idea is unfair, unworkable, and arrived at through a horrible process. It discriminates against low income people --a regressive tax, really. Those least able to pay will be paying the highest proportion of their income for trash removal. At first glance, the tag system looks good because it would encourage a conscious approach to minimizing waste; without a tag system what will be the incentive to recylce? But tag system also a problem in terms of illegal dumping (or dumping that is currently legal, on one's own property). Country roads (e.g. in Shindagin Hollow) are already becoming degraded by large amounts of trash. How could this possibly be adequately policed? There is no master plan for waste disposal in the County. Community should have an opportunity to address the various problems in public meetings. CAC decided to ask BPW or Common Council to hold a public meeting to discuss the problem and get ideas and alternatives. Carolyn will take this recommendation to them. Surveys show Americans want to recycle. Some ideas: a. Make recycling mandatory, with penalties for not doing so; b. Use a tag system, but also give rebates for # of containers of recy- clables (perhaps, with redeemable coupons stuck onto the containers by the hauler); c. Allow each household one free container of trash, and require a tag for anything above that; d. Make recycling as easy as possible, and include as many materials as possible; e. Education; f. Encourage use of recycled materials--e.g. City Hall was asked by Common Council to look into using recycled paper, but nothing has come of it. CAC asked Carolyn to revive the idea. g. Find out more about places that use a tag system. (Bara says quite a few places do, and it's quite successful, but doesn't know if dumping has increased.) h. Have a trash exchange system; 5. Follow-up on our traffic recommendations: P&D Board and Paul Mazzarella are talking with Cornell and the County (?) re improvements in mass transit. Bill Wendt at Cornell is working hard at this, including pushing for a free bus system. 6. Gun Hill site: Betsy walked the site with Mark Finkelstein, and reported that considerable progress has been made in correcting the erosion problems. Steepness of slope around parking lot has led to slumping; more than grass is probably needed to prevent this. Gift to the City of the woods south of the new apts. is now going through channels. 7. Six -Mile Creek: 6 -Mile Creek Committee met and approved recommendations of priority lands for acquisition. They'll send this on to Common Council. 8. New mayor, Ben Nichols, wants to set up an interim parks commission. Applications being accepted. (In Jan., Common Council will be asked to vote on reviving the idea.) 9. Feb. meeting: Betsy has a conflict, so discussed changing date. Deferred decision till Jan. 8th meeting. 10. Continuing reports of bad smells from Wilcox Press, esp. in the night. Betsy talked to Randy Young at DEC in Cortland. He agreed to come over and test at night, but will call Mr. Arnold Singer (a resident of nearby Parker St.) first, to see if smell is a problem. (Some nights it's ok.) He said he'd keep us posted. We should check back if we don't hear anything. 11. Hudson St. project now going through environmental review. 12. Natural History Network: a loose assemblage of groups. CAC now part of this. Met to discuss plans for Earth Day (April 22). NHN will "coordinate" things insofar as possible, and get a schedule of events into local papers. CAC may want to do something. Next meeting: Dec. 14, 5PM, City Hall. 13. Liaison from or to BPW: with Joe Daley going on Common Council, we will need someone. Carol Reeves let Betsy know that, for the time being, there is no one she can appoint. Maybe after new mayor fills the vacancies, there will be someone. Otherwise, we should try to send someone to their meetings. (Every Wed. at 4 PM) We also will need a liaison from P&D Bd. 14. Betsy read a thank you letter from Florence Hoard. 15. Agreed to give our commendations on a quarterly basis (one per season). 16. Bara hasn't had a chance to contact Dan Ramer. She will be getting more info on Household Hazard Waste plans for the County. She will be coordinating an HHW task force. 17. Bara will be providing City and County purchasing agents with info on recycled paper products. Quoin Copy and Fine -Line have recycled paper. 18. Ithaca Scrap accepts paper: white ledger with black ink; and mixed --colored paper and computer paper. No glossy paper. No envelopes. Will pay 3¢/lb. Save glossy inserts in Ithaca Journal, for an action someone is planning in the spring. No one knows how the Ithaca Journal is able to get this recycled. It's treated with clay, one extra step to clean up. 19. Idea for Conserv-a-tips: start an office recycling program; where to take paper for recycling. @). Adjourned about 9:30 PM. Respectfully submitted, Keith Waldron and Betsy Darlington Dear John:'� o t vdso,0 ? At Monday's CAC meeting I got the feeling that you might have mixed up two different things, regarding the Festival Lands. Last So'"'iec Council's vote was on removing the Festival Lands from the alienation process, and using instead land along Six -Mile Creek. I was torn to some degree evep on that vote, but when you asked me what I thought, I said I thought it made sense to take the Festival Lands out of that whole mixed-up package. June 14, 1989 RECEIVED JUN 15 1989 The reason I was torn was that I realized that, doing this would also free up the Festival Lands and perhaps hasten its transfer to the State -- something I have never supported. But, at the same time, I thought it was important to get that land out of the alienation package. And if we could simultaneously acquire land along Six -Mile Creek, that seemed like a good fringe benefit. My concern is that I think you may have forgotten what it was I supported last fall, and thought I also supported giving up the Festival Lands to the State. I am most emphatically opposed to this, for the following reasons: 1. It would wipe out all of that lovely grassy area between the marina and the Hogs' Hole, 2. and that would mean people walking to the lake would be virtually in the Hogs' Hole --along with their dogs and their trash. 3. The park system's new roadway would also skirt through the edge of the Hogs' Hole with further impacts on the latter. 4. The whole rationale behind the development planned for the north end of the park is that it would be part of the marina expansion package. Yes, the park system might go ahead anyway with their ill-advised development, but without the marina expansion, they might not. 5. I am opposed to turning that one remaining quiet, public lakeshore area into another Stewart Park. The latter is terrific. But we don't need two of them. Andy Mazzella says he has to balance all the different interests --the ball players, the people who don't want to walk more than two feet from their car to their picnic bench, the wealthy boat owners, the birders, and the walkers. The trouble is, to date, everyone has been essentially ignoring the latter two groups as well as the "earth" and its other inhabitants. 6. The Hogs' Hole has been whittled away at till there isn't a whole lot left. Although the park system plans don't look too bad --and they're better than what they originally planned (thanks to the EMC and others) --there is no way the Hogs' Hole isn't going to be further impacted. People (and their dogs) will be next to it, in it, and tossing their trash into it. Stuff from their cars will drain off into it. What's really needed is a vast restoration of what has been lost --and there could even be federal money to do it. Thefederal gov't has suddenly realized that our wetlands --probably the most biologically rich areas we've got --are disappearing at an alarming rate, and it has started taking various actions to reverse this trend. 7. The marina is already HUGE! Do we really want to give up more park space, open to everyone, to an elite group of people who can afford boats? And do we really want to crowd the lake even further? Among other reasons for avoiding the latter is the fact that it is the drinking water for large numbers of people. 8. The exchange is unfair to the City. That land for short-term leases on the Buttermilk ballfields?! 9. If the land remains in City hands it will continue to be free. Once the state gets its hands on it, it can charge admission --and probably will, if not immediately, eventually. To me a vote to turn that land into more space for boats is a vote against the environment and against the people. I got the feeling the other night that you were beginning to rethink your support for giving up this land to the state. I urge you to do so! (In fact, I was surprised on Monday night to find that you did support it.) Given that you hadn't known about the extensive plans to the north and northwest, you hadn't had all the facts needed for giving an informed opinion when you talked to Andy Mazzella. I think the reason the original lease agreement on the Buttermilk ballfields left the whole deal contingent on a vote of Council was because Council at the time did not have any more idea than the park system itself of precisely what its plans would entail. The Mayor has said that when he signed that lease, he knew nothing could be finalized until Council voted --- otherwise he wouldn't have signed it. In other words, while Council may have supported in concept giving up the Festival Lands for marina expansion, they could not have made a commitment to do so since they didn't even know what the plans would be. Next question that might arise: what if the park system decided to withdraw its offer of the ballfields to "get back" at the City for not giving it more land for the marina expansion? So be it! That would not be an unreason- able price to pay. Andy Mazzella will be mad as the dickens. But what else is new? Besides, he and we are only here for a short time. We've got to leave that area alone for future generations --of people and wildlife._ Cc: Carolyn Peterson Dan Hoffman Ben Nichols Dick Booth Mayor Gutenberger Best regards, MINUTES RECEIVED JAN 9.6 1990 CONSERVATION ADVISORY COUNCIL Meeting of January 8, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Cathy Emilian, Roger Farrell, Bara Hotchkiss, Jill Tripp, Keith Waldron, John Wertis; Council liaison Carolyn Peterson Absent: Judy Jones (in France), CC liaison John Johnson (sick with flu) 1. Meeting called to order at 7:35. Minutes from December aproved. 2. Bara reported that Dan Ramer is no longer working at the N, WTP. The "head person" suggested she call Supt. of Public Works. She talked to Acting Supt. Larry Fabbroni re putting stencils on storm drains (saying that they drain into .. CreeT He seemed more interested in the idea when Bara told him about the tie-in with the Household Hazardous Waste collection the County is hoping to have next Sept. Everyone on CAC continues to feel the stenciling idea (borrowed from Olympia, WA) is a good one: John Wertis suggested we make this our Earth Day project --greeted with enthusiasm. Bara will look further into this--e.g. getting paint and other supplies from DPW. Bara also will talk to the new Supt. of DPW about putting an informative message into people's tax envelopes, regarding where stuff poured down stprm and indoor drains goes, and what's unsafe to, put down them. - 3. Conservation Overlay Zones: Betsy will write a memo to Dan Hoffman asking that this be resurrected by P&D. 4. Packaging ordinance: Carolyn Peterson will ask County Bd. what's happening with this at the County level. CAC members felt this shouldn't just drop. Jill reported that Bd. of Educ. is having a meeting about use of styro trays in school lunchrooms. 5. Betsy will write our thanks to Joe Daley. 6. Hydropower at Ithaca Falls: Cathy led a lengthy discussion about how the City should proceed with this. Complicated problem --made more so by the sudden departure of Helen Jones from the P&D Dept. Ralph Nash said City could not develop hydropower solely for sale to NYSEG; some would have to be used for the community! Considerable discussion of the financial aspects. Plant would last 40-50 years. At 6% interest rate, City would have neg. cash flow for 6 years, then positive for 14 years. Paid for in 20 years; At 7% -- 7 years neg. cash flow; paid for in 20 years; At 8% -- 10 years neg.; paid for in 20 years. Cost to build: about $5.3-5.5 million. Bond would be floated. Price NYSEG would pay would be negotiated. 60kwh was figure NYSEG once said we could get, but this has expired. DEC (Vernon Husek) says Synergics' and Cornell's 401 certificates are no longer valid. If Creek is designated, DEC would not give them new ones. City has received some conflicting info even on this, however. Still, designation seems to assure that hydro wouldn't be developed at Ithaca Falls. Meeting with Fabrizio re boundaries this Thursday. Cathy, and probably Eric and John W., will go to this. Assemblyman Marty Luster alsowants to have another public meeting. CAC concensus: City should push hard for designation of Fall Creek, but City should not give up option to build hydro there until designation has been approved. General agreement that if hydropower were to be permitted, the City should do it, not a private party. Unclear as to whether or not City would be able to exercise any controls over. how a private developer would do things, but opinion was that City would have little or no control since it's a federal license. (Gorge ordinance, Conservation Overlay Zones, Site Plan Review probably would not apply.) Five members (Broberg, Emilian, Farrell, Tripp, Wertis) (we went around the table on this) are not opposed to having hydropower at Ithaca Falls, if done right. One member (Darlington) is opposed, but if designation falls through, would favor the City over a private developer. Two members (Waldron, Hotchkiss) are ambivalent: wouldn't be too opposed to hydro there except for serious misgivings about how well it would, in fact, be done. Intentions and promises on other City projects have sometimes not been fulfilled. Roger expressed some concerns about City operation, considering its tight budget: could City tolerate 6-10 years of negative cash flow; would Common Council try to squeeze every last dollar out of it? Cathy said that if the City does it, the flow would be set at 62 cfs. (Private developer might get permission to have it be only 31 cfs?) Underground facility: not enough info, and too expensive to get info! 7. Natural History Network: Wertis will go (Jan. 11) for disc. on EarthDay. 8. CAC passed on to Carolyn a resolution asking the City to reserve Stewart Park for Apr. 22 (Earth Day) and to let organizations use it for free, and to cover any insurance costs for them. 9. Public meeting re City trash collection plans: Carolyn reported that Fabbroni thought this was a good idea. She'll follow up as needed. 10. Northside planning meeting: Tripp will attend. 11. BPW meeting on Jan. 10: Broberg, and maybe Tripp, will attend. 12. SEQR: Booth and Darlington have finished their revisions of City ordinance to incorporate changes in NYS law: Waldron and Emilian will look at this and call comments to Darlington. Meeting of C&O Jan. 11: Darlington. 13. Use of recycled paper in City Hall: Carolyn will check into this. 14. Tree replacement law: Wertis will write a resolution. Peterson will see what Site Plan ordinance says on this. 15. Woodstoves: discussion of a possible ordinance controlling use of woodstoves: tabled until the City has an air testing program to determine if there is, in fact, a problem with them. 16. Checklist for subdivision and Site Plan EAF's: Darlington will write one up and send it to P&D as scan as Waldron gets more info on structural IPM. 17. Hog Hole designation: Brad Griffin from DEC has written to say they are moving forward on this. Meeting adjourned at 9:30 PM. 18. Some good news: Carolyn Peterson and John Johnson will continue to be our liaisons from Common Council. 19. C&O meeting, Jan. 11: Darlington will go. SEQR changes and smoking ordinance are on agenda. (City's sm. ord. is weaker than State's in some respects and must be changed to comply.) 20. Town of Ithaca, with new Supervisor, Shirley Raffensperger: probably going to start a CAC. NEXT MEETING: FIRST MONDAY IN FEB. (FEB. 5): 3rd flr. conf. rm. 7:30 PM. (City Hall will be closed on Feb. 12 and 19). Respectfully submitted, Bara Hotchkiss and Betsy lilington -,MINUTES RECEIVED ' FEa io CONSERVATION ADVISORY COUNCIL 1990 Meeting of February 5, 1990 • Present: Betsy Darlington (Chair), Cathy Emilian, Roger Farrell ,(briefly), Bara Hotchkiss, Judy Jones, Jill Tripp, John Wertis, CC liaison Carolyn Peterson, BPW liaison Pat Connor Absent: Waldron, Broberg, CC liaison Johnson 1. Minutes were approved with one change: Stewart Park may be needed for EarthDay on April 21, not April 22. Apr. 22 is . EarthDay, but Cornell is planning many events on that day, at Cornell. .(It's possible . that Ithaca High School will be used on Apr. 21 rather than Stewart Park.) Pat Connor reported that BPW has approved groups using the 'pavilions without, charge, and also opening the park early, for the occarion. Note: after the meeting, Betsy ran . into the Mayor who .told her thatinsurance coverage for the various groups isno problem. 2. We welcomed our new liaison from BPW, Pat Connor. Our guest, Charles Breckheimer, didn't make it. (Couldn't find room, maybe?) 3. EarthDay: Bara and John are .working on . CAC's plans --stencilling a message on as many storm sewers as possible, saying something to the effect of, "This .drains into nearest creek," or : "This drains into a drinking water source.". We haven't heard yet from Steve Baker as to the wording used in Olympia. WA. Bara has talked to Bill Gray (City Engineer) about our plans, and will discuss with Narayan Thadani (Supt. of DPW) what wording. touse, and what equipment DPW could supply. John will attend this week's meeting (Feb. 8) of the Natural History Network, and will get the CAC's plans included in their notices. Betsy said she would not be able to help organize things. . . 4. Building :.height: John Schroeder gave a brief presentation on his proposal for limiting building heights on the Commons to 75 (or 70?) feet. Heshowed drawings of the visual impact of 100 -foot buildings sandwiched in among the current much lower ones. Possible to balance needs of development with environmental and aesthetic concerns. Considerable room for development in the downtown (e.g. along W. State St. and Elmira Rd.) without going • to 100 -foot buildings on and near the Commons. Historical character of the downtown, views of E. and W. Hills --highly valued by Ithacans, and our "identity" as a City would be significantly diminished by imposing 100 -foot structures on the heart of downtown. If Common Council votes to go ahead with his idea, there will be a public hearing and environmental review. 5. EAF's (when they come in): Cornell library addition --Roger, Cathy, Betsy; Building height (if it goes to this) --John, Bara, Betsy. 6. Trash -tag public meeting: Tue. Feb 13, 8 PM Women's Comm. Bldg. Judy will attend. 7. Hazardous household waste collection plans: Bara is putting together the educational program but waiting for approval to move forward. Probably will be limits on quantities and types_of materials to be collected. 8. Festival Lands mowing policy: Pat Connor will ask to have this put on BPW agenda, and Betsy will write up our suggestions to the Board: No more than once a year, and after August 1. (Or once every three years.) 9. -Hydropower: Cathy reported that the committee voted to wait on making a decision about giving up license until end of April, to see how designation of the creek is proceeding. At that time, options will be reviewed.. City has been asked to appoint someone to work on designation. Dan Hoffman was to ask Mayor to call a meeting with all involved parties (e.g. Dryden and Town of Ithaca). 10. Northside .Park: Betsy reported receiving a request that we co-sponsor an application; for funds. •to buy -Pogo Parcel for a park. Being just an advisory group, we cannot do this; Betsy will so inform them, and also will suggest they talk to .Leslie Chatterton. 11. Postponed action on a -possible resolution concerning tree : replacement, etc. until we hear from Shade Tree Committee as to what they are planning (on their agenda). Jill will try to attend their meeting, and will also call Nina Bassuk, to see what they have in mind and - how we might help. 12. Smoking ordinance (changes in light of new State law): Bara will attend C&O meeting on Feb. 13th when this will be discussed. . .._ 13. Hudson St.: Concern among the residents about :the loss of the huge oak trees :in :front of Oak Hill Manor if a sidewalk is put in there.' Certain people..who wanted a sidewalk don't feel it is really needed, -given the trade-off involved. Since DPW only put in this part of the project .because of residents' requests for a sidewalk, it looks quite promising that it can - be deleted. 14. Recycled paper in City Hall: Carolyn reported that .City Purchasing ,+Agent, Etta Gray, is working on this, and trying to sort through the rapidly changing "scene." ;;i; .City Hall is now . using recycled paper for scratch • pads, . envelopes, paper?, towels (?). Copy paper and computer paper --not yet. Bara .is working at -getting • large buyers (e.g.: Co. and City) to order together since large orders make using recycled paper more economically feasible. 15. Cathy has gone through the SEQR revisions and given her comments to •Betsy,: who will .give them to Carolyn. When Keith : _Waldron is back in town, Betsy ;will see if he's had .a chance _to go over it yet. . • ANNOUNCEMENTS: IMPORTANT MEETING ON SOURCE REDUCTION: Maxiay, Feb. 26, 7 PM, Women's Community Building Next CAC Meeting: Monday, March 12, 7:30 PM Respectfully submitted, Cathy Emilian and Betsy Darlington CONSERVATION ADVISORY COUNCIL' MINUTES MARCH 12, 1990 PRESENT: Betsy Darlington (Chair), Cathy Emilian, Roger Farrell, Judy Jones, Bara Hotchkiss, Jill Tripp, John Wertis, Eric Broberg, John Johnson (CC Liaison); Pat Connor (BPW Liaison), Naryan Thadani (DPW Superintendent) ABSENT: Waldron, Peterson (CC Liaison) 1. Introductions and discussions of the duties of the CAC. The minutes were approved unanimously. 2. A mowing policy for the Festival Lands has been formulated. the DPW will work out City property boundaries and the State Parks Dept. will mow only on State land. 3. Jill Tripp reported that the Ithaca School District is now recycling office paper. The school cafeterias are looking into recycling single service styrofoam containers and trays. The district maintenance offices have started mulching brush and tree trimmings as well. 4. Jill Tripp also reported that the Shade Tree Advisory Committee is looking into incentives for developers not to cut down trees and possible restitution for cut down trees. 5. Earth Day will be celebrated on April 22, 1990 and the CAC is participating by having an informational table on the Commons and sponsoring a storm drain stencilling project. The DPW has prepared a list of catch basins that are continually being polluted and those drains will be concentrated on. A final design and wording will be completed as soon as possible. The DPW has graciously agreed to provide paint, paint brushes and stencils for the project which will involve students from three City schools. 6. A letter to Wegmans concerning their promotion of plastic bags vs. paper bags will be drafted. 7. The trees on Hudson Street will most likely be saved. The DPW has received considerable public input on this aspect of of the project. The Elm Street repaving project has also been delayed. THE NEXT CAC MEETING IS MONDAY, APRIL 9, 1990 AT 7:30 P.M. Respectfully submitted, Eric Broberg MINUTES macho f s> RECEIVED APR 13199 CONSERVATION ADVISORY COUNCIL Meeting of April 9, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Bara Hotchkiss, Roger Farrell, Judy Jones, Jill Tripp, Keith Waldron; CC Liasions: Carolyn Peterson and John Johnson; BPW Liaison: Pat Connor Absent: Emilian, Wertis 1. Minutes of Mar. 12 meeting were approved with following corrections: a. it 2 (second sentence) should read: The DPW will work out lawn -field boundaries and direct the Finger Lakes State Parks staff that mowing of the field area shall be no more than once a year, this mowing to be between July 15 and Sept. 1. b. 116: Wegmans and the newspapers. (Add underlined words.) 2. Pat Connor will ask DPW if the Festival Lands mowing .map has been finished and sent to FLSP, along with BPW's directive regarding number and timing of mowings. (Larry Fabbroni was working on this just before resigning from DPW.) 3. Earth Day: table on Commons, 11-4PM on Fri., April 19. Will use Judy's table and Eric's samples of toxic stuff not to dump down drains. Jill will see if Co-op Ext. has handouts listing toxics --paint, . oil, etc. or will prepare a short handout for people. Betsy will coordinate with John W. re a press release on our storm drain stencilling --if possible, with a reporter visiting a class while they're doing the work. Table will be staffed as follows: 11-1: Johnson; 12:30-2: Waldron; 1-3: Bro_ berg; 3-4: Tripp, with Connor and Wertis (?) as floaters. Tripp and Johnson will coordinate rounding up materials. (Note: a possible handout about CAC is attached. Please call Betsy with sug- gestions for improvement.) Stencilling by fifth -graders will be done after Earth Day. CAC will schedule a field trip so we can paint more drains, esp. in areas identified by DPW as perennial trouble spots. 4. Hudson St. update: residents have agreed to a compromise: 30 feet wide at bottom, less extreme curve -straightening, etc. 5. Fall Creek Designation update: passed CC 8-2. Includes Stewart Park, but not the Golf Course. 6. Pogo Parcel update: City making an offer to buy it, for a park and affordable housing. 6. Air quality problems: Complaints from the public. Winter road sanding part of the problem. Could DPW clean streets a few times during the winter? Haze of dust in the air along major streets. Pat will look into status of our recommendation to CC re air quality testing. (CC referred it to BPW, P&D, and C&O. Peterson and we agreed that C&O didn't seem to be a good committee to send it to since no legislation is involved.) Carolyn will look into possible legislation re vehicle idling. (Note: Betsy has since learned that there is a State code regulating idling of diesel - fueled vehicles. Carolyn will ask City Attorney about this.) Right -on -red: Pat will ask Joe Daley if this is included in the traffic study he is in charge of. 7. Pat reported from BPW that a fifth lane may be added to Meadow St. from Maguire Ford, south, for turning. 8. We asked Carolyn to renew our request that our EQR ord. state that actions that fit Type I criteria must be considered discretionary actions, and may not be treated as ministerial. 9. We should let Pat know if we have ideas about the Parks Commission before the interim commission's year is up. 10. Keith will write a letter to Ithaca Farmers' Market suggesting they set up boxes for people to return bags and egg boxes, for use by vendors. 11. "Glossies" protest: Bara will call Betsy and Roger with info as to when this will be. Betsy will call Jill, Pat and Eric; Roger will call Cathy and John J.; Jill call Keith; Eric call Judy; John J call John W. and Carolyn. 12. Pat will find out what new structure on Golf Course is. 13. Betsy will write to DPW and Gary Lindenbaum (City Schools) re use of pesticides. Draft will be circulated for comments; then she'll send it. (Note: enclosed with these minutes.) 14. Keith reported that Cornell has finally started using IPM (Integrated Pest Management). One person has been hired and another will be soon. He also reported that, although the pesticide notification law was overturned notification does still apply to lawn care. There are also some provisions which apply to farmers, but they aren't detailed out. Respectfully submitted, Bara Hotchkiss and Betsy Darlington Next meeting: Monday, May 14, 7:30 PM „RECEIVED JUN J5 1999 MINUTES CONSERVATION ADVISORY COUNCIL Meeting of May 14, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Bara Hotchkis, Roger Farrell, Judy Jones, John Wertis; CC liaison John Johnson Absent: Cathy Emilian, Jill Tripp, Keith Waldron; liaisons Carolyn Peterson and Pat Connor 1. Minutes for April were approved without change. 2. City's pesticide application practices: DPW sent Betsy 'the list for 1989. Judy suggested sending this to Norm Hummel, IPM coordinator, for advice on IPM for golf courses and other turf areas. 3. The Chairs of the three area CAC's and the EMC are meeting soon to discuss mutual concerns. 4. CAC and Interim Parks Commission want to have a meeting, with as many from Common Council as can come, to discuss protecting the City's waterways (and in particular, the green areas adjacent to them). Three dates (June 11, 18, 21) picked to choose from --Betsy will set this up. 5. Request from a member of Unitarian Church for ideas of "environmental good deeds” her group could do. Betsy gave • her some ideas and will call with info that recycling center needs attendants. 6. Write to Marty Luster and Jim Seward if you oppose legislation that would permit billboards along interstates. 7. Betsy read a nice letter of thanks from Beth Mulholland. 8. Note from Carol Reeves saying BPW never recd word from P&D or C&O re air quality testing. Also said there's no money in budget. 9. Letter of thanks from Don Culligan for CAC's help with Hudson St. 10. John Wertis reported on 5th graders' storm drain stencilling. Fall Creek will do it on May 22 at 12:45. 11. Discussion of EAF for subdivision along Flood Control Channel, on Florai•Ave.--Wm. Benson's proposal. (See separate memo for recommendations.) CAC's Conservation Overlay Zoning would have prevented this. Need to get that back on track. 12. Summer commendation to fifth graders at Fall Creek, Belle Sherman, and South Hill for their drain stencilling. Betsy will draft a press release and letter of thanks to the papers for DPW's and the kids' help. John W. will review these first, and also ask Ashley Miller about certificates. 13. Betsy went through Barbara Blanchard's proposal for planning the Elm St. reconstruction. Approval for her ideas about CAC involvement. 14. Dennis Osika and Cliff Duda are doing IPM for Cornell Campus. 15. Alienation of 4 parcels on Inlet Island: brief discussion of the two pieces that aren't involved with Rt. 89 construction. Concensus that City needs to do more to protect land along waterways. (Hence meeting with Interim Parks Commission.) Conservation Overlay Zoning needed!! Respectfully submitted, Bara Hotchkiss and Betsy Darlington LL z 1 Lt) `-( —1130 -- �r�iii - ho . C l_C- i v., c . MINUTES RECEIVED AUG 0 ? g CONSERVATION ADVISORY COUNCIL Meeting of July 9, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Cathy Emilian, Roger Farrell, Bara Hotchkiss, Judy Jones, Jill Tripp, Keith Waldron, John Wertis; Liaisons: Pat Connor (BPW), Carolyn Peterson (CC) Absent: CC liaison John Johnson Guests: Peter Weed (P&D), Barbara Blanchard (CC), Doria Higgins, Jim Houghton, Joe Daley, John Schroeder (CC), Kristin Graham (WHCU) 1. Minutes approved unan. 2. Cathy Emilian volunteered to take notes. 3. CAC's reviews of environmental reviews --discussion: Barbara Blanchard: - a planning person; a "built environment" person; has interest in environmental issues and . works in this area (writes DEIS's, e.g. the one for Sun Downs Farm); expressed her concern that we (and the City) are not using SEQR, Site Plan Review, etc. the way they're supposed to be used but to "keep things from happening." She felt that we will do anything that needs to be done to stop something. Gave example of Sun Downs Farm in Village of Lansing. Felt we should take into account financial impacts .for developers and the City. Members' response: whatever may be happening outside the City is not CAC's concern; asked for examples in the City; we act quickly; we do not try to stall projects; we're only group in City charged exclusively with looking at potential envir. impacts --not our role to integrate financial situations ofapplicants into our comments; we're purely advisory; we try hard to identify potential environmental problems so these can be addressed early in the planning stages rather than after a project has been completed and mistakes made; it's for Lead Agencies to look at all aspects of a project, taking our comments just as one source of info. _ Peter Weed said he makes himself available to developer at a very ' early stage, . and SEQR is a useful planning tool. On those rare occasions when CAC has recommended a positive declaration, it's been, a good way of getting the developer's attention re potential environmental impacts. 3. Smoking ordinance: quite a few small restaurants and bar -restaurant combos aren't complying. What should be done? Betsy will talk to City Attorney, Fire Dept., and Bldg. Dept. 4. Storm drain stencilling: Meet at John Wertis's house (111 or 106 W. York --he's moving from 111 to 106) at 5:30 PM on Mon. July 30 to do drains DPW says are an especially big problem. Is it possible to have the drains marked when they're being made?? John Wertis will get list of target drains from DPW. Volunteers: Judy, Cathy, (Roger?), Bara, John W., Eric, Joe Daley, Jim Houghton, Doria Higgins, (John S.?) 5. New parking garage for downtown: Joe Daley, Jim Houghton, John Schroeder:. 600 cars; parking committee recommended a block along West State St. (consultant rec. Woolworth's lot). Better to have one garage than lots of surface lots. Important to keep business healthy in the downtown. Competition from suburban malls a growing problem. Ground floor could be used for commercial space. Eric: mass transit and park -&-ride should be important part of the plan. Discussion of need to promote/improve public transportation. (Green St. garage --450 spaces, Seneca --700, C'town--200) 6. Fall Creek designation: who should administer it? (P&D Bd. or BZA) No recommendation from CAC because we haven't hear the pros and cons on each side. (Note: CC voted to have P&D administer it.) 7. Alienation of Inlet Is. parklands: John Schroeder (why maybe in favor of moving ahead now): We're currently wasting the land; use the procedure as a way to get a plan for Island; a . way to expedite getting bike path along Inlet; alienation could begin while a plan is being developed; alienation is years away; susbtit. lands is required. Doria Higgins: plan and ident. of substitute lands should occur before alien. process starts. 8. New bike path right next to Cascadilla Creek, from new foot bridge to Farmer& Market, was built without any environmental review. Dirt piled up at bases of many trees. Loose dirt next to path, on steep slope leading to the water. Log supports for the fill for the path --what will happen when these rot? Many bare areas on steep slopes. Betsy talked to City Forester, Dan Schmohe, who said he'd go take a look. Betsy hasn't heard if the loose dirt has been taken care or the banks planted to prevent erosion. Carolyn will talk to Narayan and report back to Betsy. ---Cathy Emilian and Betsy Darlington MINUTES Htn 'QC -6o RECEIVED OCT 25 199 Conservation Advisory Council Meeting of October 1, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Cathy Emilian, Roger .Farrell, Bara Hotchkiss, Judy Jones, Jill Tripp, Keith Waldron, John Wertis. - Liaison: Pat Connor (BPW) Guest: Mayor Ben Nichols Absent: Members --none. Liaisons --Johnson (until last 5 min.), Peterson, Schmohe (IPC), Baker (DPW) 1. Minutes were aproved unan. Bara agreed to take minutes. 2. Pat will ask Barbara Blanchard to .ask BPW to start EAF's on projects when the new budget comes out each year (as Blanchard proposed last month). 3. Discussed Interim Parks Commission's charter and method of operation: a. Relat. with 6 -Mi. Cr. Comm., Circle Greenway, etc. b. Will ask them about their idea . of having jurisdiction over street R.O.W.'s, cemeteries and other private areas. c. Relationship to CAC: agreed it should be the same as our relat. with various other City bodies--i.e. advice and oversight 4. Discussed Conrail's semi-annual pesticide spraying along their R.O.W. Esp. problematic next to and over waterways. Jill will call DEC (Reginald Louey) for more info. Bara will call a friend who successfully fought such spraying by Conrail in Mass. town. .5. Mayor Ben Nichols: Rabid raccoons: one found in nearby county; presence in Ithaca is inevitable, probably within a year. County Health Dept. (S. Stopen) wants City to come up with a policy/program to address the problem. Co: is having free inocul. clinics. For ideas: Judy will call Milo Richmond in Natural Resources (Cornell), Eric will talk to Frank Chase at Health Dept., Pat will call a vet. friend in Pa. for info, and Cathy gave us a name for it all: Evac-a-rac! Bated vaccine doesn't work well, apparently. What about catching and vaccinating them? Gordon Gabarese (nuisance hotline) might know. 6. Brainstorming (where are we and where are we headed?): Jill led discussion: We should be more "proactive." Too much of what we do is reactive. General agreement with this assessment. Ideas thrown out to work on: * packaging ordinance; * conservation overlay zones (was on Pl. Dept. work plan for 1990 but got bumped to 1991); * vapor recovery nozzles on gas pumps; * toxics audit (Emergency Response Committee --Jack Miller --might help)(EMC is doing one on buried tanks --Roger will check where this is now); * amt. of lead piping left in City water mains; * procedural recommendations for emergency responses; * promote public access to waterways; * push bike paths; * better signage and enforcement for non -biking areas (e.g. 6 -Mi. Cr. --write letters to paper about this, following recent photo in IJ); * survey of local green spaces; tax on student -owned cars; * how does DPW handle various environmental matters, and do we have any suggestions?; * old City dump --what's in it?; * air quality --for example, NOX's, CO, and particulates should be tested (ozone apparently ok!-- BTI testing this summer) 7. Idling ordinance: at C&O now. Will ask them to include all motor vehicles, not just . diesel -fueled trucks .and buses. Public education needed. Cost to consumer of leaving veh. idling would be helpful info to have. Bara will ask Bob Amundson how much CO is emitted per min., on the average. Betsy will call Carolyn, and also Jim Houghton (for a consery-a-tip on idling). State law says diesel veh. may not idle for over 5 min., with some exceptions. 8. Discussion of Draft Resolution re construction on slopes. Eric reported that County Health Dept. is about to restrict construction if over 15% slope (if septic system). Eric will draft a new resolution. 9. Brief discussion of report from someone about pesticide use at Six -Mile Creek Vineyard, with .drifting to Reservoir. 10. Pat reported on consolidated trans. facil. idea and on Linden Ave. gasoline tank removal by City. 11. Cathy--transp. comm. report: Ithaca is said to have excellent transit system for City this size. Incentives to ride bus: Cornell has a pilot project going. Eric --parking comm. report: downtown needs 200 more spaces.(?) Jill and John --nothing to report Submitted by Bara Hotchkiss and Betsy Darlington MINUTES Conservation Advisory 'Council Meeting of Nov. 5, 1990 Present: Eric Broberg, Betsy Darlington (Chair), Cathy Emilian, Roger Farrell, Judy Jones, Jill Tripp, John Wertis Liaisons: Peterson, Johnson, Connor Guest: Blanchard Absent: Hotchkiss, Waldron 1. Oct. minutes were approved unanimously. . 2. Rt. 13: DOT's proposals for changes. We discussed comments on these to send to Common Council, with Darlington being charged with writing them up, circulating the draft to members for comments, then sending it on to Council. Topics covered: safety, traffic speed, wetlands, proposed bikeway, appearance of entrance to City, construction practices along waterways. 3. Fall commendation: Ithaca Farmers' Market. Cathy Emilian will make presentation to them at their Annual Meeting on Nov. 8.. 4. CAC structure: agreed •(6 in favor,` 1 abstention) to have an EAF subcommittee that would stay the same for 3 months, then rotate, starting in January. At that time, the committee will be Roger Farrell, Judy Jones (convener), and John Wertis.. After a couple of 'rotations, we'll evaluate the new system and decide whether or not to continue with it. Whoever is serving on the subcom. would not feel obliged to participate in other CAC projects. 5. Conrail spraying discussion: deferred to Dec. 6. Evac-a-rac.: Judy Jones passed out a draft memo for Mayor Nichols, and reported on her calls to various experts on raccoon rabies.. She'll make a few changes in the draft and will send this to him and Darlington.. (Note: done, and sent to Common Council, the Mayor, Police Chief and maybe some others.) Only one person in County deals with problem raccoons. Discussed training police in how to deal with them. Recommend a "rapid response system." 7. Construction on steep slopes: Discussion deferred to Dec. (Broberg) 8. Paint removals (air pollution problems with power sanding of house exteriors): Judy Jones will look into what Mass. is 'doing. John Johnson will report from C&O. Will discuss in Dec. 9. Project for us to work on: Buried tanks are being looked into by the EMC, so we decided not to duplicate. We'll work on pushing for walkway from IFM past DOT to Cass .Park. John Wertis will talk to Beth Mulholland and DOT. Will discuss at Dec. meeting. 10. Liaison reports: Wertis reported that consensus of the Inlet Island Committee is to have a mixture of public. and business uses there; possibly extend park to tip of island. Pat Connor reported from-BPW on Elmira Rd. sidewalk' issue. (Merchants and that ward's alderpersons oppose putting in sidewalks.) 11. Jan. we'll nominate people for Chair. 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I� �/Gira•((n Ada- 686 CONSERVATION ADVISORY COUNCIL MINUTES --Meeting of Jan. 14, 1991 Present: Betsy Darlington, Roger Farrell, Bara Hotchkiss, Judy Jones, Rob Shapiro, Keith Waldron, John Wertis Liaisons: Jill.Tripp (BPW), John Johnson & Carolyn Peterson (CC) Guest: Barbara Blanchard Absent: Cathy Emilian, Guy Girard 1. Dec. Minutes approved, with addition'of adjournment time: about 9:40 PM. Keith taking notes; Bara offered to take minutes each month after this. 2. Jill reported from Downtown Visions Task Force, and BPW: DVTF will make suggestions re Commons vegetation maintenance and improvements to gorge pathways from downtown up Cascadilla Cr.(?) and Six -Mile Cr. Bus transit bldg. (B. Blanchard): architects and engineering firms have been (or are being?) interviewed. 70 % of bldg. to be complete by July, '91. 3. John W. reported from Inlet Island Committee: will propose access to N. tip of island, with a loop trail out to it. Open space needs to be better utilized as park land. Probably will recommend restrictions on types and sizes of commercial development. Looking into idea of cutting into bank on W. side, to provide docking facilities for small boats. No current recommendation re alienation. Development proposals hinge on there being adequate access under new overpass. Committee's work nearly complete. 4. Roger reported from EMC: Town of Ithaca CAC proposal for 6 -Mi. Cr. being sent to EMC. EMC discussed ConRail spraying --info to be sent to a committee. EMC recommends naming Fuertes Sanct. as off-limits to spraying. Mary Smith has replaced Jim Skaley as Env. Planner assigned as staff coordinator to EMC. She maintains an env. library. Jim Skaley has report on buried tanks (as does Roger who will get us a copy). Emphasizes need for preventing leaks. Removal of tanks costs avg. of $184,000 if leaking; as low as $800 if not. Zebra mussels now in barge canal no. of Seneca Lk. Expected in Cayuga Lk. by spring. Conference on this pest on Feb. 1 at Cornell (Stater). 5. John W. presented resolution from CAC to CC re extension of trail around Farmers' Market; we added extending it to Buffalo St., to link up with proposed "inter -park" trail from Buttermilk to Taughannock. Passed unan.; John Johnson will take -to CC. 6. Keith: ConRail spraying: field trip to identify sensitive areas not to spray --end of April. (Schedule this at April meeting.) Invite Mark Walker (who first contacted us about this) and man Keith spoke to at ConRail in Phila. Keith will invite Reg Louey (DEC, Region 7 --Supt. for Pesticide Regs.) to March CAC meeting to inform us on pesticide regs. re homeowners, parks, etc. (THINK OF QUESTIONS FOR HIM.) 7. Keith: Vapor emissions at gas stations: talked to Roxanna Savino (Pres. of Southern Tier Service Station Operators) and Marian Ragona (VP National Assoc. of Service Station Operators): regs. to reduce air pollution a minimum of 2% reduction in pollutants in NY air corridor. Included in regs.: installation of vapor recovery systems that reduce emissions during fuel dispensing operations (delivery to service station and from pumps). Regs. go into effect 1/1 /91 in NYC, and rest of NYS by 1992. "Stage 2 vapor recovery" (VR) refers to capture of fuel vapors at the pump. Costs at typical service station estimated at $40,000 for installation of VR sys. (underground tanks and pumps), and $13,000 for diagnostic equipment! VR equip. in NYC area is leased from major oil cos. at monthly cost of $250, and as much as $900 for replacing 1 damaged hoses and nozzles. High cost will hurt small operators especially. Many stations are switching to fiberglas underground tanks --but these aren't compatible with methanol. , 8. Calder Award: Nancy Ostman at Cornell Plantations contacted Betsy re this prestigious award and to see if CAC might be interested in nominating Margaret Fabrizio for her work in getting Fall Creek designated. Award. recognizes someone for successfully bringing 'together envir. and business groups to protect terrestrial or aquatic ecosystems. (The "business" in this case being Cornell.) CAC voted unan. to nominate her. Betsy and Nancy Ostman will follow up. 9. Natural History Network wants toreprint the brochure and is asking for donations of $35-40 to cover cost. Carolyn will check if City can.do this for us. NHN's next meeting is Feb. 1 at 4H Acres, 4:30 PM following 3:30 walk. 10. Betsy read memo she sent relaying complaints from residents near silt pond. Question raised --why was fish ladder built to begin with and would anything be gained by repairing it? Betsy will call Ed Brothers and others to get an opinion. (Note from Betsy: Ed doesn't know the situation there and couldn't give an opinion. Various others she contacted also weren't sure, but thought it probably wouldn't do much good. Large -mouthed bass (which wouldn't use it) may be the only major fish in the 60' reservoir. Small -mouthed bass and trout would use it, but probably aren't there to do so.) Discussed lead from firing range. Question raised if City needed to continue to use this area, or could it perhaps be converted to recreational use for the public? John Johnson will ask Police Chief McEwen about possibility of moving it elsewhere and of having a field trip with us. (Note from Betsy:.I called the Chief to apologize for sending the memo without talking to him first. As you saw from his and Chuck Baker's letters, the lead is periodically cleaned up --I don't know how often --and the officers keep the place clean. He felt neighbors' complaints were unjustified. He said a field trip this spring would be fine.) 11. Betsy read letter from Ray Nolan at DEC saying Hog Hole is in process of being designated. Public hearing will be held before it's completed. Also: material fromjim Houghton re parking garage siting was shared. Jim will keep us up-to-date since we no longer have a liaison to that committee. Also: memo from Linda Tsang (Pl. Dept.) re LoPinto project on Floral Ave. Also: paint removal and construction on slopes are on Charter and Ordinance (C&O) agenda. Also: no word as to what the DEC award was to CAC for its storm drain stencilling which we heard about through the grapevine. 12. CAC library is currently in a box at Betsy's. Barbara B. volunteered to see if Pl. Dept. could have a shelf for us, for people to borrow from. (Thanks, Barbara!) 13. Meeting adjourned at 9:12 PM for discussion of selection of Chair. (Betsy left.) Betsy was reelected unan. Keith Waldron and Betsy Darlington RECEIVED MAR 141991 CONSERVATION ADVISORY COUNCIL ANNUAL REPORT Feb. 1990 -Mar. 1991 Prepared by Betsy Darlington, Chair, on March 13, 1991 I. Larger projects: Hudson St. recommendations; Earth Day storm drain stencilling, continuing into July: Fifth graders at 3 schools painted onto drains: "No Dumping, Drains to Lake." DPW provided supplies, with BPW approval. Festival Lands mowing policy --recommendation and implementation; Fall Creek Designation as a "Recreational River;" Treman Marina recommendations; SEQR revisions (to City ordinance); "Glossies" protest to Ithaca Journal; Removal of lead-based house paint --ongoing consideration of how .to address this problem, with Lew Durland and Doug Dylla. II. Discussed, looked into, and/or made recommendations re: Ithaca Farmers' Market --to have receptacle for bags and egg boxes for re -use; City use of pesticides;. and consulted with .Integrated Pest Manage- ment coordinator on this; Elm St. reconstruction (and toured site with DPW rep.); Chemical odor below Therm, reported by a citizen: toured site with DEC and DPW; toured plant with Pres. Sproull; (With IPC) Process for alienation of Inlet Island parcels; Met with Tk. Co. Affordable Housing Task Force (their invitation); Smoking ordinance enforcement; Proposed parking garage; Mass transit improvements; New bike path to Farmers' Market Raccoons -and rabies; DOT plans for Rt. 13 (south end) Reviewed NYSEG plans for cleanup of toxic material at GIAC pool site; Met with State Dorm. Authority re SEQRA review for bond for Cornell projects; ConRail herbicide spraying --ongoing project; Raw sewage problem on So. Cayuga St.; Recom. to EMC re buried tanks (petroleum products); Construction and site plan checklist for EAF's, to P&D; Suggestions to Sciencenter re construction and design; Suggestions to Cornell re use -of lawn pesticides; Comments on about 30 EAF's. III. Resolutions/recommendations to Common Council: That anything meeting Type I thresholds not be ministerial; Site plan review for construction within 100 -year flood zone; Site plan review for construction within 200' of center of streams; Site plan review for construction on slopes exceeding 15% in grade; Vehicle idling ordinance (since passed); Northside park (since passed, for part of Pogo Parcel); Bike/foot path from IFM to Buffalo. IV. CAC Commendations given to: Beth Mulholland: Spring, 1990 Fifth grade classes at ,Fall Creek, South Hill, and Belle Sherman: Summer Ithaca Farmers' Market: Fall None given for Winter Recommended .Margaret Fabrizio for the Calder Award (a national award given by the Conservation Fund). V. .Mise.: a) In Jan., 1991, started new system for review of EAF's (on trial basis): subcommittee of three to change every three months. After first such period, we switched to having Darlington chair each such committee, and just have two of the members rotate every three months. b) New members of CAC, appointed by Mayor and CC in Jan., 1991: Rob Shapiro and Guy Girard, replacing Jill Tripp (who defected to BPW but is now our liaison from BPW) and Eric Broberg. c) Jim Houghton's Conservatips, in Grapevine, may be co-spon- sored now with the City's Energy Commission. d) Liaisons: Jill Tripp - Downtown Visions Task Force (and now from BPW) Cathy Emilian - Shade'Tree Adv. Comm. and Mass Transit Committee Eric Broberg = Parking Committee John Wertis - Inlet Island Committee Roger Farrell - EMC Betsy Darlington - P&D Board ANNUAL REPORT CONSERVATION ADVISORY COUNCIL, CITY OF ITHACA+DECEI VED MAR 1 8 199 March 14, 1993 Members: Betsy Darlington (Chair), Cathy Emilian, Bara Hotchkiss, Judy Jones, Peter McDonald (as of April, 1992), Paul Salon, Rob Shapiro, Keith Waldron, John Wertis Liaisons: from Common Council --Dan Hoffman; from BPW--Guy Gerard; from Planning Board --vacant (Betsy. serves this purpose instead); to County Environmental Management Council--Bara Hotchkiss; to Solid Waste 'Advisory Council --Judy Jones; to Shade Tree Advisory Council --Cathy Emilian; to Parks Commission --vacant (but Guy serves this purpose); to Six -Mile Creek Committee --John. Wertis; Metropolitan Planning Organization --Betsy Darlington and/or Guy Gerard (informally); Parking Garage committee --Betsy Darlington Stream quality projects: Did projects with kids from Southside Community Center --the first week, stencilling storm, drains, and the next week, testing water quality in Six -Mile Creek and Relief Channel behind Wegmans. Exterior lead paint: • Booklet (done by Lew Durland and the CAC) finally ready for printing by about August. Distribution of booklet (1500 copies) to painters, paint and building supply stores, Southside Community Center, etc. took place in early fall. An additional 3500 copies were printed in Jan., with Town of Ithaca. providing $300 for 1200 copies, and County Health Dept. providing $25 for 100 copies, leaving 2200 copies for usto distribute. Half of these are now being taken to a number of locations, in time for the spring painting season, • Sent resolutions to Gov. Cuomo on proposed state legislation re lead paint remediation. • EMC passed a resolution, commending the CAC for the booklet. • Festival lands/Treman Marina expansion: Reviewed State's plans and made recommendations to Common Council that plans be scaled back in numerous ways. EAF's: • Reviewed and commented on about 35 EAF's--fewer than average, but 5 more than last year. Mostly for subdivisions but a few for City Code changes, parking lots, commercial construction, etc. • Our most time-consuming project of the year was the environmental review for the Weisburds' West Inlet subdivision which would put 27 houses on 5 acres of steep land, bisected by two intermittent streams. We identified, and elaborated on, several potentially significant impacts. (Planning Board issued a negative declaration which was subsequently overturned in the Court of Appeals --suit brought by neighbors.) • Changed EAF subcommittee's meeting time :and place, to comply with open -meetings law and new ADA. Recycling: 7 members manned ("humaned?") the new bins at Ithaca Festival. Conservatips: This project, with.cartoonist Jim Houghton, unfortunately came to an end with the folding of the Grapevine in mid -year. No substitute newspaper identified as yet. Cluster ordinance: Made a number of recommendations for changes,to Planning Board. Conrail spraying: Continued involvement with Conrail on its spraying practices along their r.o.w. through the City. They have suggested coming for another visit this spring. Darlington attended a several-day session at DuPont's (at latter's invitation) in Delaware, with Candace Cornell (Town of Ithaca) and five other citizens from around the country. MPO (I-TCTC): Just beginning to get involved with this new transportation planning organization. Hosted a meeting in Feb. of EMC and other CAC's, to hear from County planners (Hanson and Mengel) re the MPO. Neighborhood composting: As of this March, just beginning to explore ways to get more neighborhoods involved with composting, to further reduce the volume of waste being trucked out of the County'. Ancient forests: Met with rep. Heather Collis from Sierra Club--GreenCorps re campaign to protect the nation's last remaining old growth forests (mostly in Pacific Northwest), of which only 10% remains. We signed her petition and took post cards to send to Congressional delegation and Pres. Clinton. Beavers: Investigated reported beaver problem along Six -Mile Creek above Giles St: bridge; visited site on several occasions and with DEC's wildlife person, Roger Miner. Recommended that City take no action; damage minimal (confirmed by DEC expert). --Betsy Darlington CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 Office of Mayor To: Conservation Advisory Council From: Ben Nichols, Mayor Date: January 27, 1993 Re: Inappropriate actions of the CAC Telephone: 274-6501 Code 607 I regret having to write to you in this manner but I was shocked to learn from the City Attorney that your Chair has asserted in the Supreme Court that you authorized her to become party to a lawsuit against the City's Board of Zoning Appeals in the name of the Conservation Advisory Council. The CAC is an advisory body and has no right to take action as a City body without being given that authority by Common Council. (Individual. members are of course free to take any personal actions they wish.) It would of course be appropriate for CAC to advise Common Council and the Mayor on its views of actions taken by other City bodies and to recommend action. I would hope that even before taking that ldnd of step you would invite all interested parties to an open and announced public meeting to hear their views before reaching a decision. That is the proper practice for all City bodies: Enclosed is an affidavit which is being filed in Court by the City Attorney. In my opinion you should immediately withdraw your participation as the CAC or as Betsy Darlington for the CAC in this case. By the action taken you are overstepping the bounds of your authority and by so doing decreasing the credibility of the CAC. cc: Common Council BN/ta OFFICE OF THE CITY ATTORNEY Ithaca City Hall 108 East Green Street Suite 403 Ithaca, NY 14850 (607) 274-6504 FAX (607) 272-7348 AFFIDAVIT STATE OF NEW YORK ) )SS:. COUNTY OF TOMPKINS ) BENJAMIN NICHOLS, being duly sworn deposes and says: 1. I am the Mayor of the City of Ithaca, New York. In that capacity I am fully familiar with the authority of the Mayor and Common Council and the power given to the Conservation. Advisory Council. 2. The Conservation Advisory Council is the creation of the Common Council of the City of Ithaca. It has no independent legal status from the City of Ithaca. 3. Neither the Conservation Advisory Council nor its Chairperson, Betsy Darlington, have the authority to commence a lawsuit in the name of the Conservation Advisory Council without the authority having been given to them to do so by the Common Council of the City of Ithaca. 4. Neither the Common Council nor myself, either by statute, ordinance or resolution have given the Conservation Advisory Council or its Chairperson, Betsy Darlington, the authority to commence any lawsuit, including a lawsuit entitled "Darlington et al vs. the BZA." 5. So far as I can determine, it has never been the practice of the City of Ithaca to allow one Board in the City of Ithaca to sue another as a method of resolving a disagreement about the propriety of any Board's decision. 6. I have read the foregoing and swear under the penalty of perjury that it is true. Date: wt, d--1 1113 Sworn to before me this 27th day of January, 1993. Notary Public CINDY1.. VICEDOMINI Notary Public. State of New York No.4961392 Qualified in Tompkins County Commission Expires May 22,_ OFFICE OF THE CITY ATTORNEY Ithaca City Hall 108 East Green Street Suite 403 Ithaca, NY 14850 (607) 274-6504 FAX (607) 272-7348 BENJN NICHOLS