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HomeMy WebLinkAboutTB Minutes 1989-03-27TCWN OF ITHACA SPECIAL BOARD MEETING March 27, 1989 At a Special Meeting of the Tcwn Board of the Town of Ithaca, Tenpins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 27th day of March, 1989, there were: PRESENT: Noel Desch, Supervisor Shirley Raffensperger, Councilwonan Patricia Leary, Councilwonan David Klein, Councilman John Whitcorib, Councilman ABSENT: Henry McPeak, Councilman Robert Bartholf, Councilman ALSO PRESENT: John Barney, Town Attorney Jonathan Albanese, 1040 East Shore Drive PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. PUBLIC HEARING TO CONSIDER THE NEED AND LOCATION OF SANITARY SEWERS, EXTENSIONS THEREOF, AND APPUrgTENANCES THERETO, PRIOR TO ACQUISITICTJ OF THE REAL PROPERTY REC3UIRED FOR THE PROJECT, SPECIFICALLY TAX PARCEL NO. 6-19-2-29 AND 6-19-2-6 Proof of posting and publication of a notice of a public hearing to consider the need and location of sanitary sewers, extensions thereof, and appurtenances thereto, prior to acquisition of the real property required for the project, specifically Tax Parcel No. 6-19-2-29 and 6-19-2-6 having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch asked if there was anyone wishing to ccaranent in favor of or against the action that the Town is proposing to take. As no one present wished to speak, the Supervisor declared the public hearing closed. Town Attorney Barney remarked, that the Town should adopt a shtple resolution authorizing the commencement of eminent domain proceedings. The Town Attorney suggested that the Assistant Engineer be asked v^at the need for the project was. Erik Whitney replied that along the East Shore most of the cottages were built in the '20's and 'SO's and they are on very, very small lots. The leach capacity of the soil was poor to begin with but after 40 years there is only room enough on most properties for the siting of one septic system. They couldn't build on them now because of the Health Department's limitations on the area needed for septic systerns. Therefore, they cannot replace or rebuild their septic systems as they are now. Most of them are handling the solids adequately, however, the nitrogen and phosphate leakage into the lake is of high concentration. There is a 2" water main of the Towns vMch goes through most of the leach fields, so there Town Board Minutes 2 March 27, 1989 is an extreme health concern and a concern as far as the lake goes with a nutrient loading. Town Attorney Barney asked, how was the location of the proposed line detemined? Erik Whitney replied, we determined the location of the line, this was a difficult project and it was based upon engineering constraints mainly in dealing with the railroad and staying out of the line of influence of the railroad v^ch is basically a line that delineates v^ere the energy goes through the soil vdien the train passes and in order to say outside of that line we had to place it mostly through the front yards of these properties. If vre placed it along the highway all of these properties would have had to punp up to it and there would have had to have been many, many borings under the railroad tracks and it would have been at a very high expense to the landowner, probably $15,000 to $25,000 a piece to hookup and go under the railroad. Supervisor Desch remarked, there is an old shed about v^re the pump station is to be located. Erik Whitney replied, the pump station is located right vdiere the old shed is. There is no current resident there and there hasn't been in anybodys memory down there. The proposed location of the sewer main would not interfere with any building that would be permitted under the current zoning. Town Attorney Barney asked, what prompted the location of the puitp site? Mr. Whitney replied, the pimnp station, that is the farthest south that we could locate it and stay out of the railroads live load line of influence without being right into the houses. This was the best location that we had to pull it away from the railroad tracks. If we went one property North we would interfere with the buildability of that lot and also it would be more pipe and more expense to the Town. Town Attorney Barney asked, and a purrp station is needed at this approxinnate location? Mr. Whitney replied yes. Because the gravity sewer flows down hill and at that point we are approaching the maximum depth we are allowed to be by the railroad. If we didn't have the pump station there within 100' or so it would be 11' deep and in rock and the sewer would be unfeasible and the cost would be prohibitive. Councilman Klein asked, is the gravity sewer flowing North and South and then going back out? Mr. Whitney replied, yes. It is collected in the middle and then purtped out. The Town Attorney Barney questioned, it was not feasible with respect to the "line to locate it further West because of the lake? Mr. Whitney replied, that is correct. The Town Attorney continued, the line is located si±)stantially adjacent to the railroad right-of-way. Supervisor Desch replied, it's really located to result in the least impact on the use of the subject property because if you fishtail it out onto the point you would basically interfere with Town Board Minutes 3 March 21, 1989 the use of the property plus from an operational standpoint it would not work veiy well. Councilwotian Raffensperger asked, the punp station would be located v^ere there is presently an old, unused shed, is that correct? Mr. Whitney replied, the owner claims there are antique tools stored in there. He stated that he told the owner that if she had a representative or if she were there, our construction crew would gladly move than to the house if she were present. Councilworaan Raffensperger asked, and the Town has agreed to build an enclosure and landscape, etc.? Mr. Whitney replied, yes. RESOLUTION NO. 75 Motion by Supervisor Desch; seconded by Councilworaan Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the institution of condemnation proceedings on Tax Parcels 6-19-2-29 and 6-19-2-6. (Desch, Raffensperger, Leary, Klein and Whitcorab voting Aye. Nays - none). Councilworaan Raffensperger stated that she had a question on the findings. In reading it quickly she did not find a reference to the pump station? Town Attorney Barney replied its in paragraph 3 number "B" on page 2. RESOLUTIOJ NO. 76 MDtion by Councilman Klein; seconded by Councilworaan Raffensperger, WHEREAS, it has been proposed to construct sanitary sewers, extensions thereof, and appurtenances thereto, including necessary pumping stations and other related facilities, on the West side of East Shore Drive in the Town of Ithaca, and WHEREAS, the proposed location of said sanitary sewers and related facilities lies on portions of lands of Noah's Boat Cl\jb, Inc., ccramonly known as 1000 East Shore Drive, Ithaca, New York, and of PG & EL Enterprises, ccramonly known as 1028 East Shore Drive, and WHEREAS, pursuant to the provisions of the New York aninent Dcraain Procedure Law, after proper publication of notice, a public hearing to determine the need for and location of the sanitary sewer system and related facilities was held by the Town Board of the Town of Ithaca on March 27, 1989, and WHEREAS, the Town Board by resolution passed on March 27, 1989, authorized the Town Attorneys to ccnraence eminent dcraain proceedings on behalf of the Town for the said properties of Noah's Boat Cl\jb, Inc. and PG & EL Enterprises, NOW THEREFORE BE IT RESOLVED, that the following constitute the determinations and findings of the Town Board in regard to the said eminent dcraain proceedings: Town Board Minutes 4 March 27, 1989 1. There is a need for an extension of the Tcwn*s sanitary sewer system to provide sanitary sever service to the properties adjacent to East Shore Drive due in large part to public health and environmental concerns, including the age and deterioration of existing waste disposal systeans, with the resultant contamination of Cayuga Lake and nearby ground water, and the lack of sufficient area to construct new disposal systems. 2. The public use, benefit or purpose to be served by the proposed project includes the proper collection, transportation, treatment, and disposal of sewage discharged from the properties adjacent to East Shore Drive, and to prevent future contamination of land and ground water. 3. The approximate location of the proposed sanitary sewer system across the affected properties is: A. With respect to the Noah's Boat Club, Inc. property, commonly known as 1000 East Shore Drive, Ithaca, New York, an area approximately 20 feet wide running adjacent to the western boundary of the Conrail Consolidated Rail Corporation right-of-way on the entire length of the eastern portion of the Noah's Boat Club, Inc. property, as more particularly shown on the proposed easement map dated January 18, 1989 and attached hereto, vMch area will contain a sanitary sevrer pipe at a depth of approximately 4 to 5 feet, together with an additional 15 feet on each side of the proposed right-of-way as a tertporary construction easonent to permit installation of the sewer. B. With respect to the PG & EL Enterprises property, ccnmonly known as 1028 East Shore Drive, Ithaca, New York, an area of varying width, approximately 20 feet to 35 feet, running along the entire length of the eastern boundary of the property, which area will contain the sanitary sewer at a depth of approximately 4 to 5 feet and will also contain an above-ground pimping station in the northeast comer of the parcel, as more particularly shown on the proposed easement map number 23 attached hereto. 4. The site of the proposed project was chosen as being the most feasible alternative with the least impact on private landowners and the lake shore and the most efficient installation of the entire sewer extension. The sewer cannot be located further to the West or it would either be in Cayuga Lake, require removal of buildings, or interfeire with possible future use of the property, and it cannot be located further to the East or it would interfere with a railroad right-of-way. In either event the costs would outweigh the benefits to the public from, the relocation. 5. The proposed project would have no significant negative effect on the surrounding environment and the coipleted project will substantially irrprove the water quality in the area, with the corresponding reduction of risk of contamination of lake and ground water. 6. The effect of the proposed project on the residents of the locality would be beneficial in that it would increase property values by providing sanitary sewer service for said residents vdio do not presently have such service and would eliminate the need for and problems associated with septic systems. Town Board Minutes 5 March 27, 1989 RESOLVED, that the above determinations and findings, or a reasonable synopsis thereof, be published by the Town Clerk in the manner provided by law. (Desch, Raffensperger, Leary, Klein and Whitccmb voting Aye. Nays - none). Supervisor Desch remarked that perhaps the Town Attorney would like to report on the Cornell Quarter Sprinkler situation, perhaps in Executive Session. ROUTE 96 Supervisor Desch ronarked, on the subject of Route 96 he stated that he drafted a letter a week or so ago with the thought of trying to make sure City Coninon Council was up to date on the various positions that the Town has stated over many, many years, so they wouldn't be able, after taking a vote on the issue, say well too bad you didn't tell us about that before we voted, it would have been nice to have known about it. He went on to say that in meeting with the Mayor on the issue he suggested that since the Planning and Development Ccramittee was meeting tomorrow night it would be, in his view, wise if the Town had any plan of conittunicating with the City to do it before that meeting took place. He asked for the Board's comments on the wisdom of sending the letter, the context of the letter and the timing. Councilworaan Leary asked, this basically is supporting what plan? Supervisor Desch replied, it really is not supporting, in detail, either "B" or "C". It hints towards at least "B" with respect to what happens in the Town and leaves up to the City to decide vhat happens in the City with respect to the overpass. We have said over the years is there purvue even though we might have individual feelings about one plan or the other. Councilwcman Leary remarked, so "A" is no highway. Supervisor Desch replied, "A" is no highway, just bridges over the flood control. Councilwcman Raffensperger remarked, this sort of makes an assumption that DOT will not reconmend "A". Supervisor Desch replied, it assumes, he thought the way the sequence w/as going, since the City is likely to take a vote before the State makes a recommendation and he stated that that again related to the timing it was iirportant for the Town to get the message across to the City that from the standpoint of the development of West Hill and circulation, etc., they need to understand that we do see the need for a highway on West Hill. He went on to say, this letter presumably, if we go forward with it, will find its way to the State so the State will know again vdiere the Town stands and vfet the Town is looking for. What influence if any it would have on the State in determining vdiat recommendation they will come back with, suppose the City votes seven to three for Plan "A". What effect this would have on the State is anybodys guess. Councilworaan Leary ronarked that she did not know that she would want to come out in favor of a new highway. She stated the she did not know the Supervisor was drafting this otherwise she would have studied it a little more carefully and brought some of the things down with here. Basing it on \diat Vice President Morley said in Town Board Minutes 6 March 27, 1989 his statement about why Cornell supports a new highway she stated that she would hesitate to support it because it seems frcm the way she read the statement that he thought Cornell would depend increasingly more on transportation between other Counties and this County for labor and she did not see that as a positive thing. The outlined Counties are economically more depressed than this one and if Cornell can depend more and more on an easy supply of labor from depressed areas that will not encourage the University to increase its salary scale. The supply is sort of....the flood gates would open up and the supply would not give them any incentive to increase the salaries. That is another part of the affordable housing equasion that isn't very often talked about that is the affordability relates to peoples incomes and Cornell sets the salary scale for the County pretty much as a main employer. It's an issue that hasn't been talked about very much but it concerned her vdien she read it because it's pretty clear that's a main reason for Cornell supporting this highway. There was a sentence in there that said it very eloquently but basically viiat it boiled down to was that they want to make it easier for people to commute into Ithaca from more depressed areas. Supervisor Desch asked, how about specifically from a Town of Ithaca Comprehensive Planning viewpoint? Without a highway the economic liability of the City, West End area, is going to be a real problem. Commercial development if it doesn't happen in the Town of Ithaca is going to happen on West Hill, probably in Ulysses and in fact is alroady happening. Councilwoman Leary asked, didn't the West End merchants come out against a new highway? Supervisor Desch replied, sane of than did but he felt you needed to analyze their reasons. Whether they are wise reasons or not he would be willing debate on any particular piece of property. For exaitple, if there is no new highway, Pete's on the comer of Taughannock and Buffalo Street, they may think that with just having the bridges and no highway there they are going to get a lot more business. But the traffic with Plan "A" is going to be backed ip> so far you aren't going to get in or out of the parking spaces. Coimcilwcman Leary asked, would it be with the new bridges? Supeirvisor Desch replied, absolutely. Councilwoman Leary continued, frcm the debate she read, in the City, it sounded like if you were concerned with alleviating the Octopus problem. Plan "A" would probably be the best because it does disperse the traffic right at that point with the bridges. It depends on vdiat you want to do but if you are just looking at the Octopus. Supervisor Desch replied that his point was that the City needs to mderstand that if it is going to expect the people vdio live in the Town to use the cotmercial areas in the City, we have to have a way to get to them. And if we don't have a way to get to them it's going to be a lot easier to go to Ulysses if that is vdiere the ccramercial is if you live on West Hill. You just aren't going to increasingly fight waiting in traffic to do it and the same thing with Elmira Road. You talk about collector roads on West Hill to feed down on the Elmira Road, you are going to have to have that road in order for commercial places to be continually accessible to people in that v^ole West half of the County. Frcm a ccmprehensive planning standpoint, if you don't have it the land use pattern on West Hill is going to be drastically different than if you do have the hi^way. It's going to be spread and sprauled all over the place. Town Board Minutes 7 March 27, 1989 Councilman Whitccanb asked, vdiat good does it do to have a major highway caning into the City fron West Hill if the traffic can't get anyvAiere within the City once it gets here? Supervisor Desch replied, because it's one elanent of an overall network of roadways. It's a key element, if you don't have that element as part of the vdiole picture, either of the remaining pieces that are built are not going to be sufficient to provide any access that you have to have. The new highway alone will not be sufficient because it doesn't get you to Elmira Road from West Hill, for example. But it does get traffic off the residential streets in the City, Hector Street and Cliff Street and he felt that was pretty inportant. Councilwcraan Leary remarked that vAien she thought of the new highway she thinks of improving transportation over great distances. If that is vtet you want to do, that's fine. There are seme people in the ccramunity that want to do that. Supervisor Desch ronarked, two miles of new highway is not going to acccnplish that. You talk about a new highway between Ithaca and Aubum, that's a four-lane highway, then he mi^t tend to agree with Councilwcman Leary. He went on to say that he did not know vdiat the Board's pleasure was, but he wanted to send the letter and he was willing to sign it but he would like to have as many people, \dio are ccmfortable in signing it but he was also open to suggestions on changes in the wording. Councilwcman Raffensperger remarked that she thought no one wants to sign on for all of the reasons that any one group or individual has given for a new highway, like sane of the reasons that have been given by Supervisor Desch, Cornell and she felt that to seme extent you have to discaird the particular interests of the groups that come down on one side or another. She went on to suggest that if the second paragraph said, "we want Council to vote in favor of a new highway in the Town, if proposed by New York State Department of Transportation". She stated that she personally feels that the most irresponsible thing that all can do in this carmunity is to turn down v^t the Department of Transportation is willing to do to help us solve our problems. We can work on mitigating some of the impacts that we consider to be undesirable but if you just look in a very parochial way at the Town of Ithaca's West Hill, if we tium down vtotever the State is willing to do the economic and environmental impact on the residents, of the people, in the Town of Ithaca on West Hill are going to be enormous. She stated that she did not know how we are going to handle the kinds of pressures for different kinds of development there that she thought would have seme kind of justification if we don't do something to improve the way in v^ich just Town of Ithaca residents get off and on West Hill. Supervisor Desch remarked that the phraseology that he put there implies that we are taking about if, but he felt it weakens it if you add anything. In other words it just encourages the State not to recommend the new highway if you put the word in there. He felt it was important enough for the Board to say either we want the new highway or we don't. If we don't sign the letter then it indicates that we don't want it. Councilman Klein remarked that he thought Councilwatian Raffensperger conment about "if proposed", one could surmise that the State's going to pick "B" or "C" but you don't know and if the State comes in with "A" he felt "A" was better than zero. So he tended to agree, we are jurrping ahead to read the State's mind but at the same time he did not think the Board wanted to be in the no option proposal. Town Board Minutes 8 March 21, 1989 Supervisor Desch agreed, stating that if this letter should ccme out after the State had raade a proposal then obviously it would be a little different. The Sv:5)ervisor felt that the Board should not give the State any encouragement for not solving the greatest part of the problem that they possibly could justify. That was the reason v^y it is as ej^licit as it is. Councilwoitian Raffensperger replied that she did not think it was just e^licit, she felt it was kind of confusing because there has not been a new highway in the Town proposed by the New York State Deparbnent of Transportation, at this point, to the best of her knowledge and she supposed that depends upon whether or not you consider all of the options as proposals, ^e did not know. Supervisor Desch replied, they really are. The State is the one that is ccming forward with the Vcirious options and they have adjxisted those options to meet the concerns that have been expressed. Councilman Whitccmb remarked, one of the option is no, is irtproving the highway that is there. Supervisor Desch replied, that is another reason for being as explicit as we are here. He stated that he did not think we were at a point vdiere we could be iffy on it. If the earlier draft had said "in favor of the new highway" then he could agree, because the State has not settled on one alternative at this point. This kind of leaves the door open for them to adjust to vdiatever it is that they would propose as a new highway in the Town. It's more general ^diich is \diat he thought it should be at this point. Councilwoman Raffensperger asked, how do you like "any new highway"? Councilman Whitccmb remarked or new or improved highway. He stated that he was uncomfortable in supporting "B" or "C". Supervisor Desch replied, no change in the wording is going to help you then. Councilwoman Raffensperger agreed, she stated that she thought it would. Sipervisor Desch remarked that he did not know about the word "any", that's kind of broad but maybe it's too late for them to make much of a change anyway. Councilwoman Raffensperger replied, they aren't going to come in with anyway so it at least leaves the question, and she felt there was division among those of us are willing to sign the letter and she stated that she was willing to sign, between "B" and "C" and we do not need to somehow or another make it seem like we are supporting either "B" or "C". The new highways, as far as she was concerned are "B" and "C". Supervisor Desch asked, does the word "any" in your mind add, clarify it or broaden it? He stated that he was not sure. Councilwoman Raffensperger replied that she guessed "any" they might come up with something she would be sorry she signed the letter. Town Attorney Barney suggested, "one of the new highways"? Councilwonnan Raffensperger agreed. Tcfwn Board Minutes 9 March 27, 1989 Supervisor Desch replied, maybe it should say one of the new Route 96 proposals. Councilman Whitcomb remarked, actually there are four alternatives over there. One of them is to do nothing and just leave everything the way it is now, certainly the City should adopt one of the proposals that has been presented by the State. There is a danger that if the City can't agree and there becomes too much controversy involved that the State will just say forget and ma^^ in twenty years we will come back and help you again. He felt it was important that one of the three alternatives be selected by the City. Councilworoan Raffensperger stated that as far as she was concerned, for a personal opinion, she preferred a new highway as opposed to trying to use Cliff Street because she did not think it will answer the problems even just within the Town of Ithaca, not forgetting everjtxDdy elses problems and she did not feel the Board could afford to do that but if we did, but the very worse thing, she felt, that could happen was for the Board to do absolutely nothing, any of the alternatives are better than leaving it the way it is. Assistant Planner George Frantz added, at the City's Planning and Development Ccninittee meeting this past Wednesday they did adopt a resolution to be sent on to Ccmmon Council rejecting the null alternative so they have done, at least the ccmmittee has and Ccmmon Council will pass on it at their P^ril meeting so he felt it was safe to say that we are probably down to "A", "B" or "C" and it looks like the null alternative is going to be rejected by the City. It was agreed, by those in favor of the letter, that the wording would be "We want Council to vote in favor of one of the new Route 96 highways in the Town proposed N.Y. State Department of Transportation". Councilwcman Raffensperger remarked that she did not feel the wording satisfied Councilwoman Leary. She felt, herself, the wording was clearer. Councilman Klein agreed. EXEiajTIVE SESSION RESOLUTION NO. 77 Motion by Supervisor Desch; seconded by Councilman Whitconib, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss pending litigation. (Desch, Raffensperger, Leary, Klein and Whitccmb voting Aye. Nays - none). OPEN SESSIOJ RESOLUTION NO. 78 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open Session. (Desch, Raffensperger, Leary, Klein and Whitccnib voting Aye. Nays - none). Town Board Minutes 10 March 27, 1989 ADJOURNMENT The meeting was duly adjourned. n ". nn ■■;■■: ■"" /> V- ^ .: •: ;j , ■ ■■i:a?;;>^'.:?^ .. • riifvV ' '. « ••1J-/-:,"-., .,. ■ Xfift •;. ir. .• ■=.:; ArriD;^\'i5^ Of h/JtUCATi6K TFhe Ithaca Journal ^&izlr cf ^t£r ^nrk, ^.rrrrTkmj Ctrurrf^, -.dAlLJiV:!!.!?!? be Leg du3> rw-ora. deposes ^ ^ • '•id MM, tLi.t be resides ic libAcaL, Cp\xnt)* tad rtate aioresiid tad U tblt bft i$ ..4Ig.?lk ... . tji Tm IpLA^ JOIT.N/X • public i^wTpaper priated ^d pabUsbed -- iii Itb*a iforeMid, and that f notxa; ol wbicb the aimcxed is f true' . ebp)\ pablisbed in s-aid paperfh«K K A3,;ai,^,A.ga and tbit tit £_-st pablic^tioD of said actice wij oc tbc .— of' _ ^ Sul»c:ib«f tad rw orc to before tac, this dfv JEAN FC^D Sdary Fublic. Notary Public, Stsie or Naw York No. 4654410 Qualified in Tompkins County Commission expires May 3b NOTICE OF PUBLIC HEARINGNOTICE is hereby given thatthe Town Board of fhe Towif oj, Ithaca will hold a public hear.'ing to determine the need and |locotion of sanitary sewers, jextensians thereof, and ap'jpurtenonces thereto, includ-jing necessary pumping stoA tlons and otner related,facilities, as well as the needj for temporary, easements onproperty adjacent to said soni.;tary sewer system and on'property ocross which said,sewer system will be located,!necessary for purposes of con-;struction, all of which consti-|tute a public project, prior to.acquisition of the real prop*!erty required for the project.The Hearing will be held onMarch 27, 1989 at 12:00p.m., ; at the Town of Ithdco Hall, 126 E. Seneco Street, Ithaca, NY; iThe purpose of the project is to'provide o system of sonitary'sewers along the west side of. East Shore Drive, NYS Route34, in the Town of Ithoco, andfor properties in thot location.,The project will be located on,the properties odjocent to the j west side of Eost Shore Drive,; NYS Route 34, in the Town ofIthoco, including specificallylands owned by Noah's Boot Club, Inc. at 1000 Eost ShoreDrive (Tox Force! No. 6-19-2-29) ond by PG & EL Enterprises Inc. ot 1C^ East Shore Drive(Tox Force! No. 6-19-2-6). . .there currently ore no oiter-note proposed locotions forthe project. All persons hovingon interest in the project oreinvited to attend tne hearingto give orol or written stotements ond to submit oth er documents concerning theproposed public project. . Jeon H. Swortwoad •Town ClerkMarch ;7,18,20,21,22, 1989 .7.0v. -