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HomeMy WebLinkAboutTB Minutes 2020-04-13MEETING OF THE ITHACA TOWN BOARD Monday, April 13, 2020 at 5:30 p.m. Join by going to Zoom.com or calling 929-436-2866 Meeting Meeting ID: 566 489 2655 AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and Board Comments Consider approval of the Special Joint Committee request for funding for a Boiler Room Evaluation at Ithaca Area Wastewater Treatment Facility 4. Consider award of Route 96B project and authorize Supervisor to sign associated contracts 5. Discuss and Consider Fisher Associates recommendations for the Gateway Trail 6. Consider setting a public hearing for LaTourelle/Firelight Camp Noise Permit(s) 7. Consider a budget amendment for the Town of Ithaca's Bicentennial Celebration 8. Consider approval and authorization for the Supervisor to sign a contract with Spirit of Tompkins associated with the Town's Bicentennial Celebration 9. Consider authorization to apply for funding through the Tompkins County Municipal Parks and Trails Grant Program for a Native Tree Planting Project 10. Consider extension of Modified Employment Policies due to COVID-19 11. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify promotional appointment — Motor Equipment Operators e. Ratify appointment of Deputy Town Clerk f. Ratify provisional appointment of GIS IT Specialist — Bolton Point g. Ratify appointment of Account Clerk Typist — Bolton Point h. Ratify Administrative Computer Assistant — GTCMHIC 12. Report of Town Officials 13. Review of Correspondence 14. Adjourn MEETING OF THE ITHACA TOWN BOARD Monday, April 13, 2020 at 5:30 p.m. Minutes Meeting was held using the ZOOM platform Board Members Present: Rod Howe, Supervisor; Members Eric Levine (6:30), Rich DePaolo, Bill Goodman, Tee -Ann Hunter, Pat Leary and Pamela Bleiwas Staff Present: Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Marty Moseley, Director of Code Enforcement; Susan Ritter, Director of Planning; Paulette Rosa, Town Clerk; Mike Solvig, Director of Finance; Rich Tenkate, Deputy Highway Superintendent and Dan Thaete, Director of Engineering Call to order — Mr. Howe called the meeting to order at 5:30 p.m. there were recording issues with the first 5 minutes or so of the meeting during Mr. Powers statements. He had submitted emails prior to the meeting which he was reading from and those are attached. 2. Persons to be heard and Board Comments (Attachments -1) Mr. Powers reviewed his emails to the Board regarding the drainage issues and concerns with the Gateway Trail project and the Fisher Associates recommendations. Resident - Mr. Powers read an email from someone else whom asked him to read because he couldn't attend the meeting. The message implored the Board to not move forward with the Gateway Trail and to send any grant money back to the State or Federal Government during these pandemic times and to not do so would be an act of selfishness to the people of New York. The delay will not be a hardship to the people and can be funded another day. Mr. Powers said the resident was very emotional when the resident wrote the message down and he said he can understand why. With everything going on with COVID-19, the world may never be the same again and we do not know what is going to happen to the local, state and federal budgets. He said he doesn't necessarily believe everything the resident said, but he agrees with his emotional state and his concerns. Carolyn Beeman — Ms. Beeman stated that she sent a letter and pictures regarding her observations of the Fisher Associates' report. She said she thinks they were suffering from a lack of data and most of the reliance has been upon data points that come from the northern end of the inlet and she thinks that there are no gauges on the southern or lower part of the inlet and she didn't think a lot of the incidences here are reflected in the measurements that are recorded lower down in the inlet and her letter details those things. There was no one else wishing to address the board and Mr. Howe turned to the Board for any comments. TB Minutes 2020-04-13 Pg. 1 Board comments Ms. Leary spoke about the Corona virus issue saying that there have been reports about harassment incidents against Asian -Americans, and she knows Ithaca has quite a few and there were some incidents in January but wondered if there is any central repository for reports or complaints in the County or the Town where people can go to lodge complaints or where we can go to to see if this is a problem here. Mr. Howe responded that he thought the Office of Human Rights through the County has been keeping track of that and that is probably the best place to look for additional information. Ms. Leary then asked about masks and if we know of reliable supply chains and as demand increases, whether we can be a source for some of our residents, especially our older residents and front line workers. Mr. Howe responded that there are many places to get masks and he has been following posts by Mutual Aid of Tompkins County Facebook and others and certainly, if we got a request, I think we can point people in the right direction. Ms. Leary thought we could publish it in the newsletter and list some resources where people can find them. 3. Consider approval of the Special Joint Committee request for funding for a Boiler Room Evaluation at Ithaca Area Wastewater Treatment Facility Mr. Goodman explained that the boilers are over 20 years old and this is for a study and evaluation to look at the system as a whole and how we are using the energy from the methane recapture. TB Resolution 2020 - 057: Approval of Request from the Special Joint Committee for funding for a consultant to prepare a Boiler Room Evaluation at the Ithaca Area Wastewater Treatment Facility Whereas, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is a sewer treatment plant owned by the City of Ithaca and Towns of Dryden and Ithaca and governed by the Special Joint Committee (SJC), and Whereas, the IAWWTF is in need of reliable boilers used for comfort heating of indoor spaces and for process heating of the anaerobic digesters, and Whereas, the current boilers are reaching the end of their useful service life and are increasingly unreliable and maintenance intensive so an evaluation of heating requirements and energy sources for current as well as future anticipated plant and process needs is necessary, and Whereas, an Engineering Evaluation Cost Estimate has been prepared by MRB Group for a lump sum of $18,500 which includes: Boiler Evaluation (Assess existing boilers; Identify replacement boiler options) and Energy Evaluation (Evaluate Biogas and Natural Gas usage at plant; Evaluate TB Minutes 2020-04-13 Pg. 2 redundancy needs; Evaluate biogas use in microturbines with heat recovery vs use for heating; Consider potential heating needs for future sludge processing projects), and Whereas, the SJC recommends that the Owners establish IAWWTF Capital Project 423J Boiler Room Evaluation in an amount not to exceed $18,500.00, and voted on March 18, 2020 that the project should be authorized and funded from the IAWWTF Capital Reserve Account, and Whereas, the SJC recommends funding this proposal from the Capital Reserve Account would result in the Owners committing the percentage as follows: Municipality City of Ithaca Town of Ithaca Town of Dryden now, therefore, be it Percentage Project Cost 57.14 $10,570.90 40.88 7,562.80 1.98 366.30 $ 18,500.00 Resolved, that the Town Board of the Town of Ithaca hereby approves the funding request from the SJC in an amount not to exceed $18,500.00 ($7,562.80 for the Town's share) for the boiler room evaluation proposal by MRB Group as detailed above, such amount to be taken from the IAWWTF Capital Reserve Account, and further Resolved, that the Town Board hereby authorizes the Town Supervisor to execute any necessary agreement with MRB Group contingent upon approval by all IAWWTF owners, and subject to the approval of the Attorney for the Town. Moved: Rich DePaolo Seconded: Bill Goodman Vote: Ayes — DePaolo, Goodman, Bleiwas, Leary, Hunter and Howe 4. Consider award of Route 96B project and authorize Supervisor to sign associated contracts Ms. Ritter said we received two bids and the lowest was approximately $97K over the amount of the grant. She thought we could save $20K of that due to some of the ROW and easements not being needed but until that line item gets moved, she wanted to leave the numbers as they are. Ms. Ritter also said that the Bothar Company is the same company that is doing the Hector St project and they have set up their field office and trailer behind Wegman's and Erdman Anthony is going to aske them if they can share that field office which might result in some savings. Ms. Ritter explained the break down of the numbers in the resolution with the Town's share being a maximum of about $375K but that does not include the contribution by Ithaca College and some other smaller costs that may be able to be brought down. Mr. DePaolo asked if Ithaca College's contribution is a percentage or a flat figure and if it is a percentage, can they be asked to cover a percentage of that increase. TB Minutes 2020-04-13 Pg. 3 Ms. Ritter said this just came in on Friday and she assumes the college is not going to be in great financial condition. Mr. DePaolo agreed but said everyone is not going to be in a great financial condition and a cost share is a cost share and Ithaca College has revenue streams just like everybody else does. They have distance learning and they are still charging tuition so it begs the question; we have an overage and you committed to a percentage of the Town's costs so how about it. He said he understands why the resolution is written the way it is because we have to move on this, but if we commit to eating the $97k then there is no question that could be asked of the college from this point forward. Mr. Goodman said we could and we should ask them for more but he didn't think we would hear anything back from them in the timeframe we need to make a decision on this. He said he recalls when they had discussed this with them and the figure was about $150K and they were at about $136K. Ms. Ritter said she does recall talking about $150K with them and that would be 20% of the local share of construction and design but she said they were under the impression that it was $130K and that is what they were budgeting for and we told them that the $130K didn't include the local share of design. That is where the conversation ended. Mr. Howe asked if that was the same conversation about the light poles. Ms. Ritter responded that that was a part of it. The question was whether all the light poles should be covered under the project grant or whether Ithaca College, because some of the lights are on the campus, but Erdman Anthony thought they could be covered under the grant. Mr. Howe said then the question is if we move forward with the resolution, does that preclude us from asking Ithaca College for more? Timing is the issue because they would like to start this project now. Mr. DePaolo said we are certainly not precluded from asking them, but it would make their answer a foregone conclusion because they will know that we have already committed to spending the money with or without them. He said that is why the timing of this is important, so we know whether or not we have a month to work with this. Mr. Goodman said there are other options that we can explore to get some money from Ithaca College, including sidewalk districts. Ms. Hunter asked if this could be deferred to the study session so we could contact Ithaca College. Ms. Ritter said she was pretty sure we would have a hard time getting an answer from the College as it would have to work its way up the chain of command to their Trustees and if we were waiting for a firm answer in writing, that could take a long time and really cut into the construction season. TB Minutes 2020-04-13 Pg. 4 Mr. DePaolo said he is ok with that, but this is a benefit that benefits primarily Ithaca College. It is an Ithaca College project for all intents and purposes. They are the only people that are going to be using it so it is not unusual to see if we can prevail upon them to cover their percentage. Mr. Goodman said he is in favor of and will pursue getting more funds from Ithaca College, but he is in favor of moving the resolution forward so the project can start. TB Resolution 2020 -058: Authorization to Award Contract for Construction of the Danby Road (State Route 96B) Sidewalk Proiect Whereas, NYSDOT Region 3 reviewed the plans, specifications and bid documents prepared by the Town's Consultant, Erdman Anthony along with input from Town staff for the Danby Road (aka State Route 96B) Sidewalk Project, herein after referred to as the "Project", and Whereas, the Project generally consists of the construction of a new sidewalk along the east side of Danby Road (State Route 96B) extending from the Ithaca College main entrance (Alumni Circle) to the City of Ithaca municipal line, which is approximately 0.6 miles, and Whereas, on March 6, 2020, NYSDOT Region 3 authorized the advertisement of bids for the Project, and Whereas, on April 9, 2020, the Town of Ithaca received two bids for the Project, and Whereas, Erdman Anthony has reviewed the Bid Proposals and has determined that the Bid Proposal submitted by Bothar Construction LLC is the responsive low Base Bid for the Project in the amount of $1,227,727.75, which exceeds the federal aid grant awarded amount for construction by approximately $97,000.00 (awarded $1,131,000.00), and has made a recommendation to award the contract to Bothar Construction, 170 East Service Road, Binghamton, NY 13901, as the lowest responsible qualified bidder; now, therefore be it Resolved, that the Ithaca Town Board authorizes award of the contract for the Project to Bothar Construction LLC, subject to NYSDOT Region 3 review of the award recommendation and granting authorization to proceed with awarding the contract, and subject to final approval by the Attorney for the Town of the contract documents; and be it further Resolved, that the Town Board authorizes, that the construction costs, as submitted by the low Base Bidder and exceeding the funding provided by the federal aid grant (approximately $97,000.00), be expended by the Town of Ithaca for construction of the sidewalk, and be it further Resolved, that the Town Supervisor is authorized to execute such contract, subject to the approvals described above; and be it further Resolved, that the Director of Planning, in consultation with the Director of Engineering, is authorized to approve change orders to such contract upon receipt of appropriate justification provided that the maximum amount of such change orders shall not in the aggregate exceed $50,000.00 without prior authorization of this Board, and provided further that the Town's share TB Minutes 2020-04-13 Pg. 5 of the total project cost, including the contract, engineering, legal and other expenses, does not exceed $373,200. Moved: Bill Goodman Seconded: Rod Howe Vote: Ayes — Goodman, Howe, Hunter, Bleiwas and Leary Nays — DePaolo Absent — Levine Motion passed 5 to 1 5. Discuss and Consider Fisher Associates recommendations for the Gateway Trail Mr. Howe stated that there is no action associated with this item, but the report was received. Mr. Thaete gave a brief overview of the report and shared an image from the study of the area in question. This was either a cattle chute or some kind of pass from farm field to farm field but for purposes of convenience we have been calling it a concrete box culvert because to the layman that is what it looks like. This was not put in for drainage purposes but for agricultural use back when the railroad was constructed and there are several of these types of passages throughout the town and a lot of these have turned into water passages over the years just because it is a relief point in some ways for overland drainage. In this case, the consultant looked at the overall area and this is a contour map. There has been a lot of talk about what storms we have had. The recent storms and whether they were a 50-year storm, a 100-year storm, a 500-year storm. There are different ways to look at storms such as intensity or overall rain depths and the consultant noted some of the recent storms the residents have mentioned in their memos and they didn't quite meet the 100-year definition of a storm, but however, looking at intensity and overall depths, it does reach the 100-year limit. The overall conclusion is that the 100-year flood plain which is identified in the FEMA Insurance Map which is the official map for floodplains, the 100-year floodplain is elevation 401 which is where the pink line is. What that is telling us is that during larger storm events, this area floods to the 401 level, and that does correlate to what these residents are saying; that during these large storm events they get roughly 2 feet of water in these chutes. That corresponds to the official maps. You can't control the 100-year flood plain. We are in the confluence of Buttermilk Creek and the Cayuga Lake inlet in this particular area and depending on the storm that we get, depending upon the storm, you can have water filling on the Home Depot side first or on the residential side first or they can fill at the same time and they will reached a level of 401. They will relieve and you can see water traversing back and forth through the box culvert as each side relieves. Since the images submitted, Home Depot has been built and they built a drainage Swale around the perimeter of the parking lot and when you look at a google earth map, that flows out to Cayuga Inlet. The Consultant is saying that whether that culvert gets filled in or whether you leave it, it is not going to affect the overall 100-year floodplain that is indicated at 401. The Consultants looked at the overland drainage area that contributes to that culvert, knowing we have a 100-year floodplain that rolls in every now and then. They looked at the drainage area TB Minutes 2020-04-13 Pg. 6 that's contributing to that box culvert and they sized the pipe very conservatively that could go in there and handle that flow and then some and what they are recommending is that we fill it in and we put in a 36" diameter plastic pipe there. They are saying it shouldn't affect the 100-year floodplain on either side. Mr. Howe asked Ms. Ritter if the question is whether to move forward with Fisher Associates preparing a cost analysis for revising the plans and the costs of the change in construction. Ms. Ritter agreed and said there is some concern with timing. Mr. DePaolo stated a couple of observations; the decision to insert a pipe and then fill it in around it — is that premised on the idea that the structure is going to fail or that there is going to be undue stress placed upon it? It was built to support trains, so is there any engineering reason to fill it in? Mr. Thaete responded that there is a lot of spawling or concrete falling off probably from cracks getting water in them and freezing and expanding and the rebar is corroding. Based upon the age and the appearance of the structure, the Consultants deemed it not sufficient to handle any emergency vehicle equipment that would go over it. He added that to do an in depth analysis would be very costly and based on the age of the structure it is not cost efficient to do further study. Mr. DePaolo asked if the pipe they are recommending to install, will that be sufficient? Mr. Thaete said the report states that you are going to get that 401 level on both sides and the pipe will handle drainage that is coming off the properties prior to the 401 level, because once you reach the 401 flood plain level it is going to back up, there is nothing that will help, it's a lake not a river, on both sides. The flow you see through it on the pictures submitted is one side relieving before the other and a picture 30 minutes before or after could show you the water moving in the other direction. Mr. Howe asked if the Board was comfortable putting together a resolution for Fisher Associates to move forward and discussing at the Public Works Committee or another Board meeting? Mr. DePaolo said he hasn't seen the memo from Mr. Powers and he would like a chance to read that before making a determination. Ms. Hunter agreed with Mr. DePaolo and would like to discuss this at Public Works Committee. 6. Consider setting a public hearing for LaTourelle/Firelight Camp Noise Permit(s) Ms. Hunter asked if it was reasonable to consider this during social distancing guidelines. Mr. DePaolo said he was comfortable since this would be subservient to any governmental guidelines. He added that they are asking for Thursdays in addition to the Tuesday music series which is 22 more events and asked Mr. Moseley if any complaints have been received. Mr. Moseley and Ms. Rosa stated that there have never been any complaints on their events. TB Minutes 2020-04-13 Pg. 7 Ms. Hunter was concerned who would enforce the social distancing guidelines and Mr. Moseley responded that the Sheriff's and the Code Enforcement Officers are empowered to enforce the Executive Orders and the guidelines. Complaints are made to the County Health Department. Theoretically, this permit would be no different than any other permit that comes out from our department and the Board could add a condition stating that the permit is conditioned upon following any Executive Orders. Ms. Brock agreed and said language could be added to the resolution authorizing the noise permit. TB Resolution 2020 - 059: Setting a public hearing re2ardin2 a noise permit for functions at La Tourelle/Firelight Camps Resolved that the Town Board will hold a public hearing at their meeting on Monday, May 11, 2020 beginning at 5:30 p.m. for the purpose of considering a noise permit application from LaTourelle/Firelight Camps for events, "primarily wedding receptions" from May through October 2020 and the Tuesday and Thursday evening Firelight Music series, June through October, held outdoors at their location of 1150 Danby Rd. from June through October. At such time and date, all persons interested in commenting on the application will be heard. Moved: Tee -Ann Hunter Seconded: Rod Howe Vote: ayes — Hunter, Howe, Goodman, Leary, Bleiwas and DePaolo 7. Consider a budget amendment for the Town of Ithaca's Bicentennial Celebration Mr. Howe stated that there is a Bicentennial Committee and we are excited to take part in the Spirit of Tompkins project to capture people in the Town. The project would take pictures and videos of Town residents who wanted to be photographed and where they want to be and to highlight what our residents are proud of in our community. He added that we would be putting it out on social media platforms to encourage them to participate and reach out to places such as the monastery and other historical or special places in the Town. The request is to add funds to do this followed by a resolution to authorize me to sign the contract. TB Resolution 2020 - 060: BUDGET AMENDMENT — Increasing Appropriations in the 2020 Ithaca Town Budget for Contractual Services to Prepare for the Bicentennial Celebration of the Founding of the Town of Ithaca Whereas, the Town of Ithaca will celebrate the 2001h Anniversary of its founding in 2021; and Whereas, the Town Supervisor has formed an Ad Hoc Committee to begin planning the events to be included in this celebration; and Whereas, the work of the Ad Hoc Committee to date has also identified the need for approx. $4,000 funding in the 2020 fiscal year for Spirit of Tompkins County services; and TB Minutes 2020-04-13 Pg. 8 Whereas, as no appropriation for this purpose was made in the 2020 Ithaca Town Budget, an additional $4,000 will need to be appropriated from the unreserved fund balance of the General Townwide Fund; now therefore be it Resolved, that Appropriations in the 2020 Ithaca Town Budget be amended as follows: • General Townwide Fund — Culture and Recreation, Celebrations: - Account A7550.403, Contractual is increased from $6,000 to $10,000. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes — DePaolo, Bleiwas, Goodman, Howe, Leary and Hunter 8. Consider approval and authorization for the Supervisor to sign a contract with Spirit of Tompkins associated with the Town's Bicentennial Celebration TB Resolution 2020 - 061: Authorization for the Supervisor to sign contract with Robyn Wishna associated with the Spirit of Tompkins County initiative and the Town's Bicentennial Celebration Whereas the project is a collaboration of The Discovery Trail, the Town of Ithaca and Photographer/project director Robyn Wishna. While the hope is that this will be a broader community project the approved monies to pay Robyn Wishna will be dedicated to photographing and collecting stories of Town of Ithaca residents between May and October 2020, and Whereas these aren't just photos of people but a collection of stories about a shared place. These images and stories will remind us of the connections between people and their places helping us celebrate our daily lives in this unique county and will be shown in the Town lobby in 2021 and incorporated in our Bicentennial Celebration and program, and Whereas a major benefit of this collaborative project is that these portraits and their stories will become a visual part of our local history. This project will capture local faces and meaningful places. Spirit of Tompkins County is inspired by the work of photographer Verne Morton who captured life and work in the Groton area more than a hundred years ago. His work is highlighted in the book Great Possibilities: 150 Verne Morton Photographs, now therefore be it Resolved that this board authorizes the Supervisor to sign a contract with Robyn Wishna, photographer, subject to the approval of the Attorney for the Town, to take photographs of Town of Ithaca residents in recognition of the Town's 2021 Bicentennial as part of our involvement with the Spirit of Tompkins County initiative in an amount not to exceed $4,000. Through portraits and stories, we will highlight the Town's rich culture of people and the places that are meaningful to them. Moved: Pamela Bleiwas Seconded: Tee -Ann Hunter Vote: ayes — Bleiwas, Hunter, Howe, Goodman, DePaolo and Leary TB Minutes 2020-04-13 Pg. 9 Mr. Levine joined the meeting. 9. Consider authorization to apply for funding through the Tompkins County Municipal Parks and Trails Grant Program for a Native Tree Planting Project Mr. Howe stated that this is not a sure thing, but in case the County moves forward, we wanted to be ready and have it submitted. Mr. DePaolo asked why the resolution only mentions the Culver Rd preserves and our other preserves probably need the same thing and are we limited to just that preserve? Mr. Howe responded that Mr. Smith and Mr. Talbut have ben in charge of this and he didn't think we would be limited to Culver Rd. TB Resolution 2020 — 062: Authorization to apply for funding through the Tompkins County Municipal Parks and Trails Grant Program for a Native Tree Planting Project Whereas, the Town of Ithaca owns and manages four preserves on Culver Road; and Whereas, the Town of Ithaca desires to improve these preserves with a proposed project to plant native trees and shrubs following the removal of invasive plants; now, therefore, be it Resolved, that the Town of Ithaca Town Board supports and authorizes the Supervisor of the Town of Ithaca, or designated representative, to file an application for the native tree planting project in the Town preserves on Culver Road under the Tompkins County Municipal Parks and Trails Grant Program in an amount not to exceed $5,000, and upon approval of said request, to enter into and execute a contract with Tompkins County to implement the project, subject to the approval of the Attorney for the Town. Moved: Tee -Ann Hunter Seconded: Eric Levine Vote: ayes — Hunter, Levine, Leary, DePaolo, Goodman, Howe and Bleiwas 10. Consider extension of Modified Employment Policies due to COVID-19 Mr. Howe stated that this is the same as the previous resolution with the change of date to follow the new dates from Governor Cuomo's most recent Executive Order. Ms. Drake added that there is a resolved that explains that if an employee wants to take a day off, they would be using their fringe time. TB Resolution 2020-063: Approval of Continued Extension of Modified Employment Policies Due to COVID -19 through April 29, 2020 Whereas, the Town Board on March 30, 2020 approved of the following modified employment policies due to the COVID-19 Pandemic through April 15, 2020 or until further notice: TB Minutes 2020-04-13 Pg. 10 • Public Access has been restricted from entering both facilities until further notice • Employees are permitted to work from home, when applicable, and departments are encouraged to reduce the number of staff on site to as few as possible but maintain essential functions • Employees that have any COVID-19 related symptoms or have been potentially exposed to a person being tested for COVID-19 or a person who has received a positive test result of COVID-19 are forbidden to enter a town facility or report to work (even if essential) and must be tested for COVID-19 and provide a negative test result before being able to return to work. Sick time will not be required to be used. Employees are reminded to use due diligence if they are not feeling well due to other common illnesses and to not report to work. • Employees are to be paid without the use of paid time off accruals from March 16, 2020 through April 15, 2020, whether working onsite, offsite or unable to perform work • Employee vacation time accruals will be allowed to extend beyond the maximum allowed, but will be required to be brought back within the maximum allowed prior to the accrual on December 1, 2020 • Employees who are out of work on disability or workers' compensation claims will not be required to use paid time off accruals during the same time period as all other staff • Employees that are tested positive or quarantined will be paid in full without the use of sick time for the length of the required absence; and Whereas, the Governor through Executive Order 202.14 extended Executive Order 202.4 that required all local governments, effective March 17, 2020, allow all non -essential personnel to work from home or take leave without charging accruals and all non -essential staff shall total no less than 50% of the entire workforce policies due to the COVID-19 Pandemic through April 29, 2020 or until further notice; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby continue the above approved modified employment policies due to the COVID-19 Pandemic through April 29, 2020, unless later extended; and be it further Resolved, if staff request to be off or unavailable for work, they would be required to utilize their paid fringe time for the requested time off, retroactive to April 1, 2020. Moved: Rod Howe Seconded: Eric Levine Vote: Ayes — Howe, Levine, Leary, Hunter, DePaolo, Goodman and Bleiwas 11. Consider Consent Agenda TB Resolution 2020 - 064: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract TB Minutes 2020-04-13 Pg. 11 c. Approval of Bolton Point Abstract d. Ratify promotional appointment — Motor Equipment Operators e. Ratify appointment of Deputy Town Clerk f. Ratify provisional appointment of GIS IT Specialist — Bolton Point g. Ratify appointment of Account Clerk Typist — Bolton Point h. Ratify Administrative Computer Assistant — GTCMHIC Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes — DePaolo, Levine, Leary, Hunter, Howe, Goodman and Bleiwas TB Resolution 2020 - 064a: Approval of Minutes Resolved, that the Town Board hereby approves the draft minutes submitted for March 16, 23, and 30, 2020 with any non -substantial corrections submitted where needed, as the final minutes for those dates TB Resolution 2020 - 064b: Town of Ithaca Abstract No. 7 for FY-2020 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas said vouchers have been audited for payment by the Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 393 - 462 General Fund Town Wide 105,934.35 General Fund Part -Town 24,161.77 Highway Fund Town Wide DA 65,890.81 Highway Fund Part Town DB 156,791.39 Water Fund 60,467.53 Sewer Fund 31,059.77 Gateway Trail — H8 3,232.79 State Route 96b Sidewalk — H7 7,266.53 PWF Renovations Project — H22 36,995.58 Risk Retention Fund 1,050.00 Fire Protection Fund 320,786.41 Forest Home Lighting District 203.32 Glenside Lighting District 77.36 Renwick Heights Lighting District 95.93 Eastwood Commons Lighting District 195.33 Clover Lane Lighting District 22.91 Winner's Circle Lighting District 72.24 Burlei h Drive Lighting District 78.32 West Haven Road Lighting District 245.43 TB Minutes 2020-04-13 Pg. 12 Coddin ton Road Lighting District 145.79 Trust and Agency Debt Service 469.76 TOTAL 815,243.32 TB Resolution 2020 - 064c: Bolton Point Abstract Whereas, the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and Whereas, the said vouchers have been audited for payment by the said Town Board; now, therefore, be it Resolved, that the governing Town Board hereby authorizes the payment of the said vouchers. Voucher Numbers: 117-174 Check Numbers: 18909-18916, 18922-18971 Capital Impr/Repl Project $ 52,587.92 Operating Fund $ 112,591.69 TOTAL $ 165,179.61 Less Prepaid S 25,005 55 TOTAL $ 140,174.08 TB Resolution 2020 — 064d: Ratify (2) Promotional Appointment to Motor Equipment Operator Whereas, there are two vacant Motor Equipment Operator position due to promotions; and Whereas, the Highway Superintendent has determined through interviews and evaluation that Samantha Fish and Isaak Quick, Laborers, possess the necessary knowledge, skills and ability to satisfactorily perform the duties of the Motor Equipment Operator position; and Whereas, the Highway Superintendent promotionally appointed Samantha Fish and Isaak Quick to the Motor Equipment Operator position, effective March 29, 2020; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the Highway Superintendent's promotional appointment of Samantha Fish and Isaak Quick as full time Motor Equipment Operators for the Public Works Department, effective March 29, 2020; and be it further Resolved, this is a 40 hour a week position, at the hourly wage of $25.32, in Job Classification "I f', with no change to their full time benefits; and be it further Resolved, if the said successfully complete the mandatory eight (8) week probationary period there will be no further action required by the Town Board. TB Minutes 2020-04-13 Pg. 13 TB Resolution 2020 — 064e: Ratification of Town Clerk's Appointment of Deputy Town Clerk Whereas, there is presently a vacancy in the position of Deputy Town Clerk in the Town Clerk Department; and Whereas, the Interview Committee that consisted of Paulette Rosa, Town Clerk and Judy Drake, Human Resources Manager interviewed six candidates from the open recruitment; and Whereas, the Committee determined that Becky Jordan possesses the necessary knowledge and skills to satisfactorily perform the duties of the position; and Whereas, Paulette Rosa, Town Clerk, appointed Becky Jordan to the Deputy Town Clerk position, effective April 20, 2020; now, therefore, be it Resolved, the Town Board of the Town of Ithaca does hereby ratify the appointment made by the Town Clerk, of Becky Jordan as a Deputy Town Clerk, effective, April 20, 2020; and be it further Resolved, the said position is in job classification "B" at 37.5 hours a week, at the hourly wage of $24.68 (hire rate), with full time benefits from account A1410.100; and be it further Resolved, a twenty-six (26) week probationary period applies with no further action by the Town Board if there is successful completion of the probationary period as determined by the Town Clerk. TB Resolution 2020-064f: Ratify Provisional Appointment of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist) at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on April 9, 2020, appointed Darrin Christy to the title of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist), effective, April 27, 2020; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Darrin Christy to the title of Geographic Information Systems/ Information Technology Specialist (GIS/IT Specialist), effective, April 27, 2020, at the hourly wage of $27.00, in Job Classification 6, with full time benefits. TB Resolution 2020-064g: Ratify Appointment of Account Clerk Typist at SCLIWC Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on April 9, 2020, appointed Lilly Gustafson to the title of Account Clerk Typist, effective, May 18, 2020; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of Lilly Gustafson to the title of Account Clerk Typist, effective, May 18, 2020, at the hourly wage of $19.65, in Job Classification 1, with full time benefits. TB Minutes 2020-04-13 Pg. 14 TB Resolution 2020-064h: Ratify Provisional Appointment of Administrative / Computer Assistant at GTCMHIC. Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance Consortium (GTCMHIC) on April 7, 2020, approved the provisional appointment by the Executive Director of Debra Meeker to the title of Administrative /Computer Assistant, effective, March 31, 2020; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's appointment of Debra Meeker, Administrative /Computer Assistant, effective March 31, 2020, at the hourly wage of $25.50 with full time benefits. 12. Report of Town Officials Mr. Howe reported that: He and Mr. Goodman met with Martha Robertson and David West regarding the Community Housing Fund and the Budget Committee will talk about this and make a recommendation to the Board. He and Ms. Ritter and Mr. DePaolo met with representatives of the City of Ithaca regarding what it would look like to combine forces with the City and its Historic Landmark Preservation Commission which is included in our Comprehensive Plan. The Planning Committee will be delving into this more deeply. The Green New Deal ad hoc Committee began discussing the action plan the Town committed to and we have asked Planning, Codes and Engineering to identify a person to join the Committee The "S" curve in Forest Home has had two more incidents in the last 2 weeks involving large trucks hitting the curb and we had further discussions on how to protect pedestrians and he asked Mr. Tenkate to look at the cost of a guardrail there. Mr. DePaolo asked if the resident of Forest Home have been involved in those discussions and Mr. Howe responded that they have. Mr. Thaete reported that the Public Works Expansion project is moving along and they have begun demolition and removed all the office furniture and installed some temporary walls. All employees have moved to their temporary offices at Town Hall and the office trailer. A "closed to the public sign" will be placed at the gate since they need to remain open for the contractors. Ms. Drake added that Mr. O'Shea took some pictures and she forwarded them on to the Board. Mr. Tenkate stated that brush pick up will begin next Monday but with a much smaller crew. Mr. Howe added that a newsletter will be going out tomorrow explaining the closure of the facility and the start of brush pick up. TB Minutes 2020-04-13 Pg. 15 Mr. Goodman noted that we have received a number of complaints regarding increased traffic and speed on Westhaven Rd and the movable speed limit sign has gone up and staff is meeting with City representatives and communicating those concerns and complaints. Mr. Thaete added that he is now on the email distribution and the detours have been better marked and a "no trucks" sign which has helped. Mr. DePaolo asked Mr. Solvig if it is to soon to start looking at how the drop in sales tax is going to affect the budget. Mr. Solvig responded that the Budget Committee began looking at that and a memo was sent out to the Board and to give him a call with any questions. 13. Review of Correspondence — None 14. Adjourn The meeting was adjourned at 6:57 p.m. upon a motion by Mr. Goodman, seconded by Pamela Bleiwas, unanimous. Submi e b Paulette Rosa, Town Clerk TB Minutes 2020-04-13 Pg. 16 From: Rich C7eF�aollo ............................................. To: John CrarwiD Powers ...................................................................... Cc: Caroll,,,�it;�ni n; F�ulle �,,,Ras�,; TetAnn,,,Hun;�t;r, Subject: Re: clarification ... picture regarding the underpass Date: Tuesday, April 21, 2020 1:38:27 AM Mr. Powers - Thank you for providing additional anecdotal information. The pictures are not definitive, in my view. For example, the snow on the East side of the bridge appears to be noticeably lower than the snow on the West side (the "high water mark"). Unless the South to North flow through the bridge takes a sharp Westerly turn without first pooling in any way, it's hard for me to be certain that the snow is a valid indicator. You wrote, "I have never seen a reverse flow at any time, and even with the very low water level seen in this picture the flow is still moving strongly to the north." It is my understanding that Fisher contends that the "reverse flow" is likely to occur at higher water levels, and that South to North flows would indeed prevail at the "very low water level seen in the picture. So, at least, there seems to be agreement that, at some points during flooding, the bridge opening serves to mitigate the backup of water. The variable is how big the opening needs to be to prevent constricting the flow to the degree that it would result in higher levels on the South side. Also, please be advised that Tee -Ann Hunter (copied) and I explored the site at some length when this issue was first brought to the Public Works Committee. We are somewhat familiar with the lay of the land. Regards, Rich On Apr 14, 2020, at 10:16 PM, John Darwin Powers <j a7cornell edu> wrote: Mr. DePaolo, Thank you for asking. You are the first person who ever asked us a question regarding our concerns; asked for clarification for understanding. In the picture below, look to the right of the underpass and you can see where, coming down the embankment is snow, then it stops a few feet up from the ground. The white is obviously snow and the black is the cinders making up the berm. This is the high water mark. The water obviously ebbed -up the berm as the water was "churning" due to vectored turbulent flow. That why I reduced my area calculation to accommodate for this, but this accurately illustrates the height the water can reach, and this flooding incident was far from being as severe as I have seen. The picture is actually taken at the very end of the flooding ... this is nothing more than "trickle". During the actual flooding I would no the able to stand where I am. Carol and I are trying to put together further information to address other issues with the Fisher Associates report one being the USGS datum used for water levels. One thing mentioned is that they say the flow will go back -and -forth between the north and south sides of the ROW berm through the underpass. I have never seen a reverse flow at any time, and even with the very low water level seen in this picture the flow is still moving strongly to the north. <flooding 112 note high water line underpass.tiff> The next picture is after all of the bad part of the flooding is over, and I would call this "incidental" flow. The vehicle is a NYSE&G truck. The truck is in water, and during the worst of the flow, I would not have been able to be where I am, and the flow across the road would extend to my property line. The most important aspect of this picture is the obvious difference in the water levels when comparing the levels to the south; to the right in the picture and the north; the left. The difference here is several feet; the water coming from the south. The observation is made more significant when compared to conditions without flooding. This is one reason why we would like board members to visit the area so the they can really understand the "lay of the land" as it would be. The water may start to slowly creep -up from the west onto the property but shortly after this happens the torrent; the big heavy flow starts across the road from south to north, into the Beeman/Jones property. This picture contradicts the Fisher assertion that the water comes from the west ..... maybe a wee bit true in the very beginning, but the damage has always come from the south ..... always. I think that Fisher Associates has the concept that the flooding is nice, still water creeping -up and slowly making its way through the underpass. There are many aspects of hydraulics that have to be considered when understanding our flooding situation .... flow through a channel with turns, some right angle and what could be considered to be severe channel restrictions due to abandoned bridge abutments. Velocity vectors play a significant role in the flooding especially when the water overflows the channel. My main job is with the Ithaca Fire Department; one that I will be retiring from in June, but my other job; one that will be taking -up more of my time after I retire is with the School of Civil and Environmental Engineering where I have an appointment with the Defrees Laboratory for Environmental Hydraulics and Fluid Mechanics. I think that I know a least a little bit about how water flows. <flooding 112 west buttermilk falls rd ... I would not have been able to stand where I am during high water.tiff> The picture below was taken from the old "sand bank" high above the ball fields at Buttermilk Falls and Sand Bank Rd. The major flooding seen just up from the bottom of the picture is the ball fields, and Rt 13 can be seen above that. Rt 13 is actually closed. I show you this picture as there is a flooded area obscured by trees to the right where the second half of the Gateway Trail is planned; this part to connect with the trail under the RT13 bridge. There is currently heavy water flow in this area, and maybe what I am trying to make people aware of is that if they put in a trail there, it will eventually be washed away. Again, as mentioned before, we would encourage anyone to visit us and we would be happy to show them this area. Thank you, John <E & W side of Rt 13 flooded ballfields in foreground.tiff> <flooding 112 note high water line underpass.tiff><flooding 112 west buttermilk falls rd ... I would not have been able to stand where I am during high water.tiff><E & W side of Rt 13 flooded ballfields in foreground.tiff> 13 April 2020 From: John D Powers 106 West Butermilk Falls Rd. Town of Ithaca, NY To: Town of Ithaca, Town Board 215 N. Tioga St., Ithaca, NY 14850 Re: Fisher Associates report of 17 March 2020 1 have reviewed the hydrology report submitted to the Town of Ithaca on 17 March 2020. There are several issues 1 have with the report, but 1 will address only one at this time. 1 find that the report does not reference factual flooding conditions and utilizes CAD calculations based on elevation contours and, for example, USGS flow elevations and FEMA maps. On page 3 Mr. Mallon of Fisher Associates states that the FEMA floodplain map indicates a flood level elevation of 401' with the underpass invert elevation of 399', and further states that the flood levels could be higher but did not elaborate on this. Based on the picture below it would be clear that the flood levels at this time were at least 2' and probably higher, and historically 1 have witnessed water -flow through the underpass of a much greater depth. 1 was unable to document this as most if not all of the highest flooding levels occurred at night and would have been impossible to obtain a picture using current camera flash technology that existed at that time and the flow conditions would have made it impossible to get a good picture as a close approach to the underpass would have been impossible. 1 need to add that the pictures of the underpass showing the ground conditions of basically rocky soil is not the original condition that existed many years ago. I don't remember which flooding incident it was, but the resulting flow through the underpass was so severe that the flow scalloped; eroded the base of the underpass leaving a "V" shaped bottom at least 3' deeper in the center. During the time that the Buttermilk Falls swimming area was excavated in the spring; an annual event, they were nice enough to place a dump truck full of dredged material, mostly stone and loose gravel into the eroded hole. Subsequent flooding in the area leveled -out the pile that was dumped. So, on simple visual inspection of the underpass the bottom elevation has been augmented to repair past damage. On page three of Mr. Mallotts report he indicated that a 36" pipe will adequately handle the flow due to flooding. This calculation does not represent reasonable solution to the factual flooding conditions. Using a historic picture of the underpass taken after flood waters had receded and showing apparent high-water elevations 1 visited the underpass yesterday and approximated the outline of the most probable flow conditions through the underpass during this event using surveyors marking tape. 1 then used the digitized picture and then calculated the flow cross section area using digital image processing software, comparing both polygon and trace area methods. My calculations yielded area cross sections of 4800 inz and 4459 inz respectively for a reasonable average of 4630 inz. This is in comparison to the proposed 36" pipe section area of 1019 inz. This area is less than 25% of the apparent real flow area based on actual conditions. Even if my calculations were reduced by 25% to account for possible area calculation errors, this resulting in a area cross section of 3473 inz, this value is still almost 3 1/z times the area of the proposed pipe. The Fisher Associates calculations are not based on factual conditions. At 110 West Buttermilk Falls Rd. The flow through the underpass during flooding is not a "casual" flow, it is a scary torrent. It is also very reasonable to assume that the proposed pipe will quickly become clogged with debris rendering the pipe useless. Any solution other than leaving things in their natural, existing state will have to appropriately address the "clogging" issue. There is a second part of the trail planned that will connect this section to the existing trail near the junction of Rt 13 and Rt 13A. 1 have historic pictures of this area during flooding that could impact the planning of this trail section. Carol and Don of 110 West Buttermilk Falls Rd. and 1 invite any board member to visit the area for a guided tour, This would also include the area at the end of West Buttermilk Falls Rd. where the trail is supposed to continue. Any visit would be "outdoors" and could be done with proper consideration to COVID social -distance recommendations. Please feel free to contact us, and now would be a perfect time to do so before the spring growth prevents proper visual inspection of the area. Three annotated pictures have been included below. John D. Powers photograph of post -flooding conditions with the high-water mark visible. Photograph from a perpective near to the picture above with surveyors tape approximating the flow cross-section as estimated from the above picture. Picture showing proposed 36" pipe section. A tape measure can be seen below the section and has been extended to 36" to show actual dimension. Carolyn Beeman 112 Buttermilk Falls W Ithaca, NY 14505 April 16, 2020 The Town of Ithaca Board Board Meeting of April 17, 2020 Re: Item 5: Discuss and Consider Fisher Associates recommendations for the Gateway Trail I was grateful to receive the March 17 Fisher Associates hydrologic report from Susan Ritter of the Planning Department on Friday. I'm gratified that the Board considered our issue seriously. I have a few concerns about the report, and about some assumptions that have been made in its preparation. This of course will be brief as we only had a couple of days to look over a pretty technical presentation. Data 1. The first thing I noticed is that while the 1972 flood is briefly mentioned under historical information, unlike the 1935 and the 2015 floods, no data was presented. I'm not sure why this would be. In order to fill that gap, I have included a picture of the "culvert" in the aftermath of the 1972 flood. The high water line is marked in that picture. 2. 1972 Flood - In addition I have talked to Sandy Reuning who lived in the house from 1971 to 1981 who indicated that the 1972 flood was so severe that their family had to be evacuated from the house. I've also talked to one of his daughters who remembers the pigs that they kept (it was a farm at the time) were floating in the water. The family were concerned that pigs' sharp hooves might cut their throats as they tried to swim the waters. 3. No recognition was made in the report of floods in 1996 and 2010 when the Kadars lived in the house. The 2010 flood forced the removal of the heating system from the basement to the first floor. I know this because the 10 year warranty on the new system expires in 2020. 1 assume these floods are not documented because Mr. Kadar's testimony in front of the board in 2019 was not in writing. 4. The ditch - I believe the ditch that is mentioned on the Home Depot side is a small berm about 18 inches high built by Home Depot as a flood prevention measure. It is not a ditch cut by water flow and it is not visible in pictures of the Viaduct before Home Depot built on the site (I have some if anyone wants to look at them). The ditch/berm I believe is intended to channel water coming through the viaduct west toward the Inlet. Home Depot was no doubt aware that the site flooded occasionally (see picture of the Home Depot site under flood attached). The ditch/berm did not protect Home Depot from the 2015 flood. The building was unharmed, but their parking lot was full of mud and debris including some that arrived from our property and needed to be reclaimed. "There is no distinct drainage course on the south side of the viaduct." Normally water doesn't flow across the property. The ground absorbs most rainfall. The approximate 10 year high water events would laugh at a "drainage" channel. 5. In researching the history of floods in the area I talked with Mike Hall, formerly of the Air Force and now the Manager of the Airport. Mike lived in 112 Buttermilk Falls while he was growing up. I asked him if he remembered there being any floods. His reaction was "all the time". Apparently these were significantly relieved in 1970 by the Channel that was dredged to reduce flooding in the lower reaches of the Inlet. However, the Hall family sold the house in 1969 so this is not an "eye witness" report. He does remember that as a kid "a duck swam through the window of the basement" during one flood. The dredging of the channel may help our area again, but the 1972 flood suggests that only 2 years after the channel was first dredged this area was severely flooded. 6. The drainage area of 3 + acres might seem adequate if we were talking about standing water of 18 inches, but a flow of 18 or more inches over an hour or so of an event might back a lot of water into our house. If you look at the pictures there is one of the viaduct after the water from the 1972 flood has mostly drained with a high water mark shown. That line is on the the high side of the property. You can still see ripples on the water surface where the water from the lower side (the Inlet side) is still flowing east into the viaduct. All that being said, the nature of the data in the report, while good, suggests to me that there are few flood or rain gauges in the upper part of the Inlet. Most of the measurements are available for the lower part where there is a written history of city streets flooding (newspaper and on-line reports). Where people in the upper reaches have probably made due as most of them were farmers and they "make due". Assumptions I want to address a nigling concern about the casual suggestion supported by the most cursory "data". I have heard this several times in these technical reports. "The culvert is in poor condition with concrete spalling and is in disrepair. The area immediately adjacent to the culvert appears to be overgrown with brush and trees." Folks! This is a rail road bridge built to support a coal train. It is not a "culvert" it is a viaduct. If you look carefully at it, there are a few chunks of concrete around, but they don't seem to have come from the structure. Yes, the concrete has surface damage. The bed leaks a little, but seems sound. I have seen no technical data that supports that this heavy duty construction is in immanent danger from the bicycle and foot traffic or maintenance trucks that might infrequently need to be on the path. If the structure is not weakened by the proposed construction, my guess is it will outlast everyone at this meeting. As for overgrown, I agree. But you could say that about the entire area covered by this proposal. We are hoping as a neighborhood that "fixing" this issue will not result in the berm stripped of every tree and bush that give it its charm and help screen the neighborhood from the obnoxious all night lighting from Home Depot's parking lot and pick-up area. The wild things make it a desirable trail to begin with. Think about Buttermilk Falls stripped of its tangled woods and thickets with a few saplings and bushes to "land scape it" and make it more civilized. Can you imagine it? In conclusion Back to the flooding issue. This past weekend my husband and I hiked the Larch Meadow Trail in Buttermilk Falls Park as part of our recreation away from people. It's rather beautiful, swampy, but beautiful. There is a little area that veers off to the right as you approach the the Inlet where the main trail veers to the left. There is a mighty bridge that passes over the Inlet at this point. We looked at it and thought, does this have an expressway over it? Well, no, it is the reconstructed bridge that bears 13 south to the junction with 13A. One would never imagine that this herculean structure was under that road. As I understand it, this bridge was built after the south Inlet flooded and undermined the previous bridge. (I have the construction pictures that my neighbor took at the time.) We took the right turn and it took us under the bridge and along the east side of the inlet. We hiked it all the way back to Buttermilk Falls Creek which runs just south of our house. What we discovered is a pretty sizeable river (quite deep) and as we walked along what was clearly a flood plain, (flat and muddy and weedy), it was clear that this part of the inlet makes good use of its flood plain in normal times (it was recently very wet) and obviously overwhelms the tame Buttermilk Falls Creek during storm events that hit the upper reaches of the extensive inlet drainage area to the south (Treman Park, Newfield, Danby and Enfield). Because of the terrain, storms that affect this area may never reach the City of Ithaca and therefore rarely are events of note in Ithaca newspapers. I would suggest to you that a conservative course of action might serve the Town well. Leave the viaduct in place and re -think the trail itself. Does it really need to be completely rebuilt to serve its purpose? Are people who would use the trail going to be happy with a nice manicured trail that has had the bed scrapped down several feet and nice new and expensive plantings... or can the bed be leveled 8-10 inches and most of the cover be left? That would make it possible to leave the Viaduct in place without having to step up to cross it and use most of the original rail bed. Thank you for your consideration, Carolyn Beeman cibeeman@rocketmaii.com Attachments: 1. Viaduct after the 1972 Flood 2. Home Depot Site, 1972 Flood from Camp Site Rd 3. Home Depot Site, 2020 from Camp Site Rd 'y . i - d fkv litq (1A h1al, -, - Alco 171" rlrx,)d� Rome Per"I", Attachrrierrt 1 Maduct after the 1972 Rood and V'iadL]Ct look�ng thruto HUTie Depot &te I I I I 0 ru ra 2 4- 0 0 a: 04 r- CD U) as 0 4- c 0) E z I Carolyn Beeman 112 Buttermilk Falls W Ithaca, NY 14505 April 16, 2020 The Town of Ithaca Board Re: Gateway Trail, Board Meeting of April 17, 2020 I realize that you would all like to think that all the points made at the meeting would satisfy the neighbors who will be affected by the construction on the Rail Road viaduct. Why can't we just accept what the expert has told us, that we will be fine (or no more affected) than we were previously when the viaduct was in place, that this has been proven by an engineer. As I previously noted, only two floods were analyzed for their impact and that was the 1935 and the 2015 flood. But all the intervening floods were ignored. The only concrete data points came from the 1935 flood I assume, because of the gauges the Army Corp of Engineers had in the lower channel. For most of you our objections are an irritating bureaucratic distraction from your goals of getting this Black Diamond Trail moved along. For the neighbors here at Buttermilk Falls this is existential. For us, there are too many observations over the past 50 years by the home owners here that are contrary to the computations from Flood Maps. Many of those observations were made by someone I would call a trained observer with knowledge of water dynamics due to his professional research experience with environmental hydraulics. The consequences for you, if you and your experts are wrong, may occur tomorrow or in another 10 years when the next 100 year" flood occurs and when you will probably no longer be serving on the Board. Why can we not accept what the expert is saying? Because we have made too many observations that are contrary to the theoretical predictions. As far as we are concerned the following observations do not fit the model being advanced by the Fisher engineer. 1. If, as we were told, the water flow in this area is east to west, why do heavy flood waters consistently come from the south? They don't arrive even from the south west, they come directly from the south perpendicular to Buttermilk Falls Road. 2. If the Home Depot site and the south side of the berm are each at the 401 elevation interval and would basically form a lake with the water "sloshing back and forth" thru the Viaduct, why have none of the residents ever seen water coming south through the viaduct? Surely we have looked at the water over a period of time, more than just 1 glance at each flood. In 1996 the Kadars pumped out their basement through a 6 inch drain pipe that led to the Viaduct, no water "sloshed" back when they did that. If it was a lake, surely it would have. Mr. Powers has experience in hydraulics and has observed these flows over many years, surely he would at least once have seen such sloshing. 3. If the Home Depot site is at the same level as the south side why does debris from the south side come to rest on the north side? We had no debris arrive from the north side during the 2015 flood, no Home Depot wagons, no stray candy wrappers, nothing. But our debris ended up about 20 feet in front of the Contractor Pick-up door of the Home Depot, having jumped the drainage ditch that was supposed to stop flood waters from encroaching on the site and attesting to the strength of the water flow. This is clearly not a level ground with water that "sloshes back and forth" 4. Why are there no measurements of the flood stages in the upper reaches of the Inlet? I would think since there was a major flood event that affected the Route 13 bridge construction in 1972 or 1996 (sorry I don't know which flood) at the 13A junction that a gauge would be there. How high was the 2015 flood at that bridge? I posit that measurements at the lower inlet would not be reflective of floods in the upper inlet. There are three 90 degree turns that the Inlet makes in the short distance between the bridge over 13 and the waterway west of our neighborhood. This has got to affect the water flow. I suspect once the water overflows its banks it is unlikely to get down to the water gauge in the lower Inlet. A measurement point a mile downstream would not give an accurate picture of the starting volume or the power of such a water flow upstream. 5. Why is the upper Inlet classified as a 100 year flood area? In tracing back the history of our 1860 house, every resident since the 1950's has seen floods, about one every 10 years. If you lived here as the Kadars did for 20 years you saw two. 6. Is it possible that some of the fluid dynamics of the upper Inlet channel are altered by barriers (for instance, old concrete abutments for bridges or roads that used to cross the channel) along the length of the upper Inlet preventing the pressure release you might expect when the water reaches the lower channel adding further perturbations to the water flow? Is this accounted for in the models using the FEMA flood maps? 7. Mr Powers has calculated the water area cross-section based on his observations during one flood and it exceeds by many times that calculated for the size of the culvert proposed as adequate by the Fisher Engineer. Are these calculations inaccurate in some way? It is clear from the report that the actual data used to prepare it was very sketchy. In the engineer's defense there are probably few published data points available. However, as you can see by the above, there is a lot of information the residents have and that are obvious if the area were to be surveyed to account for the physical character of the upper inlet, to account for its 90 degree turns and obstructions that hinder the flow. It is clear the flood maps do not tell this story. They assume that floods in the area are an east/west issue. They are not. Something is at work here that was not captured by the few data points used in the Fisher study. Until these observations are explained, we will continue to question the efficacy of the proposed 3 foot diameter pipe through the berm. Carolyn Beeman cibeeman@rocketmaii.com c O C� m Q u O Q- (o O C)) U C-6 co .a co O _ w 0� 0 0 0 0 �, 0 0 0 co O O O O a O O .0 12 a) O N N N Q (DO Q a) Q (Qo Q Q Q w 3 o Q Q N Q 04 m -p O N c) N (D cli d +O+ ?j (D O Q }0 0 0 0 0 0� 0 0 m J O O O � J ai LL. co LL. 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N N C N I� C-6 v � •3 � a ca C U cu k H cn 'E H C W = a)W O E w ca cn > Z Q a O o N o m v, of a)N Z Q a O o M Q E ul Q Z F 0 O o N L '� `� Q O C Z> FL C C O E C)E o a N u Q ti O O— N a N Q COQ CO a co CO 0-)cM CL CO 6) CO v CO LO O O O o N C) N (D a C) N (D a C) m N O O O O N N N N LO m co AW h T O N co a 0 N O N O T- dam' cc 4.0 c i a, LO 00 z m O U� I- N r O N O N M M O C N O N M E 0 LL � M M LO LO N (D I- M LO O M U z z O m O O h ry ry w W J Q Q z z U) O w O w w C5 f= z O Q a w > z Oz v p Z) Q z J m�� w w 0 w z Q Z) W W ~_ O a a J >- Q Q E O U Q z Z C� LL 2 W W z Q Q z W a w 2 2 U W W J O Q O O W I— w w w z w w 0 0 w Town of Ithaca 4/10/2020 215 N. 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MMOSELEY ISSUED Permit Type: 2019-0524 3/3/2020 CO 24.-1-12 1488 Trumansburg Rd MMOSELEY ISSUED Permit Type: 2019-0589 3/3/2020 CC 24.-1-12 1488 Trumansburg Rd MSTONIER ISSUED Permit Type: 2016-0431 3/4/2020 CO 45.-2-22 137 Ridgecrest Rd DMAGNUSO ISSUED Permit Type: 2018-0494 3/4/2020 CC 58.-2-37.1 1434 SLATERVILLE ROAD MKELLY ISSUED Permit Type: 2018-0587 3/4/2020 CC 44.-1-48 121 WHITETAIL DRIVE MKELLY ISSUED Permit Type: 2018-0249 3/6/2020 CO 18.-2-10 904 EAST SHORE DRIVE MKELLY ISSUED Permit Type: 2018-0767 3/6/2020 CC 57.-1-8.114 116 EASTERN HEIGHTS D MKELLY ISSUED Permit Type: 2018-0451 3/6/2020 CC 42.-1-2.1 102 SPRUCE WAY MKELLY ISSUED Permit Type: 2019-0050 3/6/2020 CC 52.-1-11 125 NORTHVIEW ROAD MKELLY ISSUED Permit Type: 2019-0116 3/6/2020 CC 28.-1-28.4 772A ELM STREET EXTEN MKELLY ISSUED Permit Type: 2019-0124 3/9/2020 CC 28.-1-28.4 770 ELM STREET EXTENSI MKELLY ISSUED Permit Type: 2020-0007 3/9/2020 CO 70.-9-1 207 Winston Dr MSTONIER ISSUED Permit Type: 2020-0017 3/11/2020 CO 70.-7-4 401 Salem Dr MSTONIER ISSUED Permit Type: 2019-0068 3/11/2020 CO 17.-3-26 27 Renwick Heights Rd MSTONIER ISSUED Permit Type: Page 1 of 3 Town of Ithaca 4/10/2020 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From- 3/1 /2020 To: 3/31 /2020 Cert. # Date Type Temp SBL Legal Address Inspector Status 2018-0607 3/11/2020 CC 35.-1-19 657 Elmira Rd DMAGNUSO ISSUED Permit Type: 2019-0703 3/12/2020 Cert of C X 34.-1-2 287 Enfield Falls Rd JHULL ISSUED Permit Type: 2020-0078 3/13/2020 CC 71.-2-6 108 Christopher Cir MSTONIER ISSUED Permit Type: 2020-0097 3/17/2020 CO 70.-1-7 212 Muriel St DTHAETE ISSUED Permit Type: 2019-0706 3/20/2020 CC 28.-1-26.82 129/130 Rachel Carson Way DMAGNUSO ISSUED Permit Type: 2019-0463 3/20/2020 CC 71.-1-11.69 320 Siena Dr MSTONIER ISSUED Permit Type: 2019-0699 3/20/2020 CC 66.-4-9 229 Forest Home Dr MSTONIER ISSUED Permit Type: 2019-0752 3/20/2020 CC 66.-4-9 229 Forest Home Dr MSTONIER ISSUED Permit Type: 2019-0681 3/20/2020 CC 72.-1-1.108 321 Winthrop Dr MSTONIER ISSUED Permit Type: Page 2 of 3 4/10/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Tvae and Status From- 3/1 /2020 To: 3/31 /2020 Certificate Type Certificate Status Count CC 17 Cert of Compliance - Electrical Only CO ISSUED 1 Total: 26 26 Page 3 of 3 Town of Ithaca 4/10/2020 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From' 3/1 /2020 To: 3/31 /2020 Date Type Tax Parcel # Legal Address Disposition 3/2/2020 FIRE SAFETY VIOLATIONS 29.-6-5 124 Haller Blvd ABATED Desc: Fire in the bathroom of the first floor apartment. Mainly smoke damage in the bathroom. Bathroom light fixture damaged. No structural damage. 3/2/2020 FIRE SAFETY VIOLATIONS 200 Conifer Dr CLOSED Desc: Alarm company calling in phantom medical alarms subsequent to real ones - this happened twice in the last 24 hours - 904 responded for a medical alarm, addressed issue, reset alarm system and was then dispatched back to the building shortly after clearing with no alarms found 3/2/2020 OTHER 71.-5-3 203 Roat St REFERRAL Desc: Drainage from neighboring parcel 3/10/2020 GARBAGE 28.-1-34.30 120 Drew Rd OPEN Desc: Garbage complaint 3/23/2020 FIRE SAFETY VIOLATIONS 103 Bundy Rd OPEN Desc: IFD 901 re -set pull station and then fire alarm system. Panel shows a system trouble. 3/25/2020 FIRE SAFETY VIOLATIONS 101 Harris B Dates Dr CLOSED Desc: Fire Egress Doors Locked: (inspection was forwarded from IFD) Jim indicated that his wife works in the cancer area of the hospital. During the evening at 7:OOPM the doors were locked from the inside and she could not traverse through egress doors. Page 1 of 2 4/10/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From- 3/1 /2020 To: 3/31 /2020 Totals by Complaint Type & Status ComplaintType Complaint Status FIRE SAFETY VIOLATIONS GARBAGE OTHER Count 4 1 1 Total: 6 ABATED 1 CLOSED 2 OPEN 2 REFERRAL 1 Page 2 of 2 Town of Ithaca 4/10/2020 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From' 3/1 /2020 To: 3/31 /2020 Date Type Tax Parcel # Legal Address Disposition 3/2/2020 FIRE SAFETY VIOLATIONS 200 Conifer Dr CLOSED Desc: Alarm company calling in phantom medical alarms subsequent to real ones - this happened twice in the last 24 hours - 904 responded for a medical alarm, addressed issue, reset alarm system and was then dispatched back to the building shortly after clearing with no alarms found 3/25/2020 FIRE SAFETY VIOLATIONS 101 Harris B Dates Dr CLOSED Desc: Fire Egress Doors Locked: (inspection was forwarded from IFD) Jim indicated that his wife works in the cancer area of the hospital. During the evening at 7:OOPM the doors were locked from the inside and she could not traverse through egress doors. Page 1 of 2 4/10/2020 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From- 3/1 /2020 To: 3/31 /2020 Totals by Complaint Type & Status ComplaintType Complaint Status FIRE SAFETY VIOLATIONS CLOSED Count 2 Total: 2 2 Page 2 of 2