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HomeMy WebLinkAboutTB Minutes 1983-08-30 TOWN OF ITHACA SPECIAL BOARD MEETING August 30 , 1983 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 12 : 00 noon , on the 30th day of August , 1983 , there were : PRESENT : Noel Desch , Supervisor ® George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman ® Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer Dan Peterson , 110 Dey Street Kevin Grossman , American Community Cablevision Representatives of the Media : Bruce Ryan , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . LETTER OF CREDIT TO COMMONLAND Supervisor Desch reported that all Board members have a copy of the most recent proposed draft agreement between HOUSECRAFT BUILDERS , INC . , Jerold Weisburd , and the Town of Ithaca . The agreement has to do with the Town accepting a letter of credit in the amount of $ 30 , 000 for work to be done by the developer on two streets , namely Abbey Road and Penny Lane , The Town would like the roads to go through a winter of settling before the Town accepts them . The agreement sets forth a list of work to be completed and adds up to $ 301000 . The Supervisor went on to say that the proposed agreement is a standard form that we have used in the past . However , this agreement provides more protection for the Town than the agreements with Ivar Jonson and Willis Hilker . The Supervisor went on to say that he was asking for ® Board authorization for the Supervisor to execute the final agreement , subject to Town Attorney review . ® Councilman Cramer asked about collection costs ? Supervisor Desch responded that the Town Attorney had covered this problem . Councilwoman Raffensperger asked if this were not just for the developer ' s convenience ? Town Engineer Fabbroni answered no ; because of continuing construction , if we accept the road now , it may be damaged within a couple of months . He stated that both he and the Highway Superintendent would rather not see the road completed this fall , to the point were it would be turned over to the Town . He stated that they would both rather see the road go through the settling process of a winter . Cc> :: : : . . ' ;:roman Kiefer asked how the $ 30 , 000 figure was aT rived at ? Town Board Minutes - 2 - August 30 , 1983 Town Engineer Fabbroni responded , $ 8 , 500 for the road ; $ 500 for check dams ; $ 2 , 000 for seeding ; $ 2 , 500 for paving entrance ( Slaterville Road ) ; $ 300 for as - built survey maps ; $ 200 for concrete paver walks ; $ 500 for boardwalk across waterway ( footbridge ) ; $ 500 for trash bin screen , $ 500 for light post and wiring ; $ 1 , 000 for white pines and new shade trees , $ 5 , 000 for completion of sewage lift station ; $ 1 , 000 for check dam , headwall and endwalls ; $ 800 for grading backslopes , sideslopes and ditches ; $ 2 , 000 for building terraces ; $ 1 , 700 for building mounds and plantings and $ 3 , 000 for driveways and parking . He went on to say that in fact , some of the improvements are already ® in the process of completion . He noted that this amount more than covers us . ® Councilman Jennings asked if the sewer lift station is for runoff ? Town Engineer Fabbroni responded no . , the lift station is for public sewers . Mr . Weisburd is expecting two pumps to be delivered very soon . RESOLUTION NO . 120 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Supervisor to execute a suitable agreement to protect the Town in the amount of $ 30 , 000 with HOUSECRAFT BUILDERS , INC . , Jerold Weisburd , for the completion of the necessary work plus Abbey Lane and Penny Lane , subject to Town Attorney review . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ACCEPTANCE OF EIS ON BURNS ROAD PROJECT Supervisor . Desch asked Town Engineer Fabbroni to walk through the document . Town Engineer Fabbroni stated that the substantive changes are in answer to comments on the project . He went on to say that Bill Mobbs , Tompkins County Commissioner of Public Works , is generally in agreement with the report ; however , under the heading of " Beneficial Impacts " it is premature , in Mr . Mobb ' s opinion , to declare that the new bridge will have more clearance above the creek bed than the existing one since the new bridge has not yet been designed . Mr . Fabbroni agrees . The Town Engineer noted that the second item Mr . Mobbs objected to was , under the heading " Mitigation Measures " . Mr . Mobbs did not agree with directing the Town highway crews to use sand instead of salt on the ® approaches to the new bridge and on the surface of the bridge itself . Mr . Mobbs stated that it was not apparent from the preceeding statement of adverse impacts what impact a policy such as this would be designed to mitigate ; in addition , he felt it was unlikely that the hoped - for benefits would outweigh the negative impact on highway safety and the additional costs of implementing such a policy . Mr . Fabbroni reported that there was a typo which said the alternate way was to use sand . He went on to say that he had talked to Town Planner , Peter Lovi who then removed mitigation but not mitigation measure . Mr . Fabbroni said it is not practical to have a pile of sand by the bridge . Mr . Fabbroni went on to say that a letter had been received from the Six Mile Creek Study Committee which proposed an alternate plan because they felt the proposed realignment was too close to the reservoir . The alternate plan proposed by the Six Mile Creek Study t: rt? WaS Urtiler clwav from the reservoir , just west of the Town Board Minutes - 3 - August 30 , 1983 existing road ; however , there were two crossings of Six Mile Creek , the route proposed crossed questionable soil and went almost totally into mature wood lands . Town staff re - drew the alternate with necessary corrections for 40 MPH operating speed ; it added 50o to the length of the project . Their proposal was deemed as a unsuitable alternative . The Town Engineer went on to say that the upper dam and the reservoir will not be visible from the proposed road . Also , the soil in the area makes access to the area difficult . From April through October the foliage screens the view , the City can continue to control access with a gate . He went onto say that the question of the area being an archaeology site had been raised . Mr . Fabbroni stated that there was no reason to believe the area contained any archaeology site ; however , if encountered the Town would cease work and bring in persons skilled in such assessment . Mr . Fabbroni then continued with the request of the Six Mile Creek Study Committee that more information be supplied on accident data . He stated that the accident data for four years had been added to the report , _ both the existing bridge and the Jnarrow crossings . The wild life listing as been enlarged and the phasing and timing of the .,. ,: project was clarified . Mr . Fabboni also noted a letter received from NYSDEC stating that they had reviewed the EIS , and feel that the project will not have a significant effect on natural resources , provided that the mitigation measures discussed in the EIS are carefully followed . Councilwoman Kiefer asked the Town Engineer if he had a map with him showing the present road with the outline of the waters edge of the main reservoir as it was originally built , plus showing the reservoir as it is now ? Town Engineer Fabbroni responded that he had no map that showed the original outline of the dam . Supervisor Desch questioned , do you think the reservoir was bigger ? Councilwoman Kiefer responded that in the EIS it states that the original reservoir was close to the edge of the existing road . Mr . Fabbroni noted that a part of the reservoir area was shortly silted up . The best we can ascertain is that from 1911 to around 1925 , there may have been water almost to Burns Road , Councilwoman Kiefer stated that she had mentioned her concerns to the Town Engineer . She went on to say that she had a general feeling that reservoirs and watersheds have a protected status in this state . She went on to say that she was concerned the City might have to actually take affirmative action to abandon the reservoir . Mrs . Kie € er went on to say that she was uncomfortable in acting on something that could ® have legal complications , and without such affirmative City action , we are leaving ourselves open . Supervisor Desch responded that the City did not respond in the allowed comment time . He went on to say that he did not feel the City or anybody else could prove the water was ever close to the Burns Road . He noted that impoundment areas cannot be increased without Town approval but that any decrease has alredy been accomplished by the City placement of dredged silt between present Burns Road and the Present reservoir . Councilwoman Kiefer responded that the City Department of Public Works certainly had taken such ad hoc actions in the years , but that is not the same thing as official Common Council action . Supervisor Desch noted that the Town intends to included in the reaIJ- 9nment. agreement wording that will clearly authorize the road Town Board Minutes - 4 - August 30 , 1983 Councilwoman Kiefer noted that Common Council has never looked into the problem ; that the proposed realignment could eliminate the City from ever restoring the reservoir to its original capacity . Supervisor Desch stated again that we came through the comment period and they have not commented on the matter . Councilwoman Kiefer responded , but they might want to do it in the future , when the right - of -way action is finally brought to them . Common Council might realize that by foregoing their option of restoring the reservoir to its original contours , they are eliminating a future choice of expanded capacity , with might leave then no choice but to look to Bolton Point , Town Engineer Fabbroni explained that the design of the road or modifications will not eliminate anything the City might want to do in the future . Supervisor Desch remarked , there is no way anybody would want to put a road under water . Councilman Jennings noted that the City has repeatedly filled the area with silt . Toren Engineer Fabbroni added that the cost of dredging would be so enormous that other options for a City water supply would present more real alternatives . Councilwoman Kiefer re - stated that she was concerned with the reservoir boundaries , this needs to be settled with Common Council , not the Board of Public Works . Common Council has not even considered the proposed land swap , and transfer of title for right - of -way is subject to Common Council action . Supervisor Desch responded that the two attorneys will prepare a title transfer . Councilwoman Kiefer remarked that the Six Mile Creek Study Committee reports to the Board of Public Works and not Common Council , Town Engineer Fabbroni reported that he had walked the area with several of the City officials , including Dan Hoffman who has never been bashful about telling the City his concerns . Councilwoman Kiefer asked if the Town was legally able to perform work on land that the Town does not have title for ? Town Engineer Fabbroni responded that the Town intends to get a letter ® of intent signed . He went on to say that the Board of Public Works was presented with the details and were asked for their comments . The Board of Public Works will do what ever is needed , then pass it onto ® Common Council , all in accordance with their Charter , say that the letter of intent will allow the Town to doH what never is needed to be done this fall , until the transfer of deeds is completed . Councilwoman Raffensperger stated that there was a conflict on page 4 and 16 . She stated that there was a need for assurance that the intersection with Burns Road and Slaterville Road will be improved in conjunction with the Burns Road project . Town Engineer Fabbroni responded that the intent of the EIS was to insure the improvement of the intersection , however , the landowners have not been contacted yet . Councilwoman Raffensperger again stated that it was important that the intersections be improved with the Burns Road project . r "- sor Desch added , also intersection at Coddington Road , Town Board Minutes - 5 - August 30 , 1983 Councilwoman Raffensperger ' remarked that in describing the connecting road the EIS sounds like there is a parking lot on each end of Burns Road . She went on to say that if traffic is increased on Burns Road it will be increased on other connecting roads , and this should be acknowledged . Councilwoman Kiefer again stated that she was concerned with the City taking action to abandon the land around the reservoir , only too discover later that they need to increase the size of the reservoir because of water consumption ; she believed the EIS , in its impacts section , should include the removal of the possibility of restoring ® the reservoir to its original boundaries as one of the impacts . Councilman Jennings responded that if the City had any concerns ® regarding their water supply they were given sufficient time to respond to these concerns . The City can always dredge out their dams . Councilman Jennings remarked that the Town cannot start any action without the letter of intent . Councilwoman Kiefer asked who would issue the letter of intent , Common Council ? Supervisor Desch responded that who issues the Letter of Intent is for the City to decide . He went on to say that it was inappropriate for the EIS to solve legal problems . Councilman Jennings stated that the EIS says we have a legal right to go into an area and environmentally change it and he did not feel it was appropriate for the Town to get into legalities as far as the EIS was concerned . Councilman Kugler stated that he agreeded with Councilman Jennings and that the Town should accept the EIS . RESOLUTION NO . 121 Motion by Councilman Kugler ; seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Final Environmental Impact Statement on the Burns Road Realignment project as re ared - - P P , pursuant to the New York State Env Vi'rr-o- nmental Quality Review Act and Local Law # 3 - 1980 . Councilwoman Raffensperger stated that she assumed the next step is to contact the City . Councilman Jennings remarked , then we . could deal with any other AUk problems . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - Kiefer ) , EXTENSION OF PART - TIME EMPLOYEES Town Engineer Fabbroni reported that during the summer , some of the Summer Youth employment positions were lost . It was decided not to refill the positions . He went on to say that the Summer Youth Program ended on August 19th and that they would like to extend a few of the best people , namely three people to work on landscaping , one person to work in the office plus one person for Mike Ocello ' s surveying crew . Councilman Jennings questioned if this would change our liability on unemployment insurance because of number of hours or duration of employment ? Town Board Minutes - 6 - August 30 , 1983 Town Engineer Fabbroni responded that it probably could except that four of the people being extended will be going back to school and the remaining person has a job . Supervisor Desch remarked , your question Councilman Jennings is what is the likelihood of these people applying for unemployment insurance ? Councilman Jennings responded , that is right . Town Engineer Fabbroni responded that the Town ' s exposure was minimal , in fact you could say the exposure is none . Supervisor Desch questioned when did these people start work ? Mr . Fabbroni responded July 12th . Councilman Jennings questioned if that was not 13 weeks ? Town Engineer Fabbroni answered , that is right , they need to work 20 weeks to collect unemployment insurance . However , they could go to work for someone else and then get laid off . RESOLUTION NO , 122 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , WHEREAS , the Town of Ithaca has received an SBA grant to plant landscape materials at Town park sites and Town water tank sites , and WHEREAS , all work must be completed by September 30 , 1983 , and WHEREAS , surveying work cannot continue effectively without one assistant to the instrument man , NOW THEREFORE BE I ^1 RESOLVED , that the following temporary positions be funded and extended as follows : 1 . Through September 30 , up to 40 hours per week a . 1 SYEP - Park Landscaping Construction at $ 3 . 75 per hour b . 1 Part - time employee - Park Landscaping Contruction at $ 5 . 00 per hour 2 . Through September 12 , up to 35 hours per week a . . 1 SYEP - Town Hall Renovation at $ 3 . 75 per hour b . 1 SYEP - water and 2 sewer at $ 3 . 75 per hour c . 1 SYEP - Park Landscaping Construction at $ 3 . 75 per ® hour . All positions extended retroactive to August 22 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Q `VowIi