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HomeMy WebLinkAboutTB Minutes 1982-04-26 TOWN OF ITHACA ADJOURNED BOARD MEETING April 26 , 1982 At an Adjourned Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 p . m . , on the 26th day of April , 1982 , there were PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman David Jennings , Councilman Dooley Kiefer , Councilwoman ALSO PRESENT : James Buyoucos , Town Attorney Lawrence Fabbroni , Town Engineer Robert Merril1 , ' 321 Blackstone Avenue Jeanne Merrill , 321 Blackstone Avenue Paul Merrill , 321 Blackstone Avenue PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . NAMING OF WASTEWATER TREATMENT PLANT Supervisor Desch stated that it has been a long struggle arriving at a name for the new Wastewater Treatment Plant , However , selecting a name was critical so that the process of completing easements for the outfall and other legal papers can proceed with - out delay . RESOLUTION N0 . 58 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , the Special Joint Subcommittee adopted a resolution on April 19 , 1982 , naming the new joint Wastewater Treatment Plant , The Ithaca Area Wastewater Treatment Plant , and WHEREAS , this name was chosen from a list of seven names and is believed to express the area of service in a representative but simple way , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the name of The Ithaca Area Wastewater Treatment Plant for the new joint Wastewater Treatment Plant . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . AWARD BID FOR CODDINGTON ROAD WATER IMPROVEMENT Town Engineer Lawrence Fabbroni distributed Summary of Bid sheets . ( Copy attached to official minutes ) . He stated that Lafayette Pipeline , Inc . , of 4195 Lafayette Road , Jamesville , New York was the low bidder for construction of Water Main Contract No . 1 , Coddington Road at $ 83 , 737 . 50 . The high bid Town Board Minutes - 2 - April 26 , 1982 was received from E . E . Roote & Sons , Inc . , of Owego , New York in the amount of $ 138 , 395 . 00 . The Town Engineer went on to say that all bid documents were found to be in order for Lafayette Pipeline , Inc . , after receipt of a supplemental letter concerning continued validity of the bid with acknowledgement of addendum No . 1 . Mr . Fabbroni noted that in contacting Mr . Jack Easterly of the Onondaga County Water Authority , Mr . Lee . Forduck of the City of Syracuse and Mr . Dick Baldwin of Calerenos and Spina , as - references , Lafayette Pi..peline ,, . Inc . . , . was . .highly recommended for their quality , knowledge , thoroughness , management , specialized equipment and fairness . . Stearns & Wheler has had good experience with Lafayette as a subcontractor on some of their projects . Information provided by Lafayette Pipeline , Inc . , shows the cor - poration to be experienced and well equipped to complete the project . The Town Engineer went on to say that it was , therefore , recommended that the contract be awarded to Lafayette Pipeline , Inc . , pending execution of agreements and permits required by the contract documents . Work can be expected to commence in two to three weeks . Supervisor Desch recommended that the bid for the Coddington Road Water Main Contract No . 1 be awarded to Lafayette Pipeline , Inc . He noted that the Board would be required to approve two resolutions . One resolution would award the bid and the second resolution would establish a $ 100 , 000 . 00 budget for the project . The Supervisor went on to say that work could be started in two to three weeks after the signing of the documents . The project could be completed in a month . RESOLUTION N0 , 58 Motion by Councilman Cramer ; seconded by Councilman Jennings , IN THE MATTER OF THE PROPOSED WATER IMPROVEMENT DESIGNATED THE CONSTRUCTION OF WATER MAIN CONTRACT N0 , 1 . , CODDINGTON. ROAD . BID ACCEPTANCE , RESOLUTION OF AWARD . WHEREAS , on April 12 , 1982 , bids were received for the construction of all facilities for the aforesaid water improvement , for the Town of Ithaca , New York , and WHEREAS , the Town Board has carefully considered the Engineer ' s Report on these bids and has adopted a budget for the said project , NOW THEREFORE BE IT RESOLVED , that the award be made of contracts for construction to the following : Lafayette Pipeline , Inc . , 4195 Lafayette Road , Jamesville , New York _ for the contract sum of $ 83 , 737 . 50 as submitted in the bids and contract documents . This resolution is subject to compliance by the Contractor in furnishing all documents and items required by the bid and contract documents to the reasonable satisfaction of the Town representatives and subject to proper execution of all documents by the Contractor and by the Town Supervisor , and subject to compliance with all applicable law . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . Town Board. Minutes - 3 - April 26 , 1982 Councilwoman Raffensperger asked how far the water line will be extended ? Town Engineer Fabbroni responded , 3 , 900 feet . Supervisor Desch stated that inspection of the project would be done primarily in - house . He expected no problems , in spite of the list of ongoing projects . RESOLUTION NO . 59 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , WHEREAS , the Town Board of the Town of Ithaca has complied with all requirements of law necessary to proceed with construction of the project known as Construction of Water Main Contract No . 1 . , Coddington Road , NOW THEREFORE BE IT RESOLVED , that the Town Board establish the following budget for said project : $ 83 , 737 . 50 Base Bid 7 , 500 . 0. 0 Engineering Design 72262 . 50 Contract Contingency 1 , 500 . 00 Engineering Project Administration $ 10O ) OOOSOU Total Budget ( Desch , Kugler , Raffensperger , Cramer , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . WETLAND AREA DESIGNATION Town Engineer Lawrence Fabbroni stated that the State Legislature passed a law allowing local control of Wetlands . , The State planned to delineate wetlands on a Statewide map , however , the State never provided the money . Tompkins County started the maps but never finished them . Step I and II of the Sewer Project require the mapping of these areas . Tom Miller has been hired to finish the maps . The Town Engineer went on to say that he felt there was a problem with transposed maps . DEC , the County and now Tom Miller have all worked on the maps , over a period of time . He stated that he felt that lines delineating wetlands have crept each time they have been updated . He noted that • on the lake shore , the map shows wetlands quite a distance back from the lake . Most of the homes in the Town of Ithaca are not located in the flood plain . He felt that a reference should be made to known flood elevation , however , below that it was environmentally sensible . Supervisor Desch felt that if the line were drawn at the 100 Year Flood Level , the Town would experience no great problems in sewering the homes . He felt that all the homes on the west shore could be sewered . Town Engineer Fabbroni noted that the maps make reference to the Barge Canal flood elevation . • Councilwoman Kiefer asked if the Barge Canal elevation is the elevation that keeps the lake level ? 'Town Engineer Fabbroni stated that 386 . 5 is the maximum condition of the 100 Year Flood , The Town Engineer presented the wetland maps to the Board members noting that there was no question that there are wetlands in this area , but he questioned to what extent : Town Board Minutes - 4 - April 26 , 1982 Supervisor Desch stated that the wetland maps issue was caught in a time bind . Inorder to keep the sewer project on schedule , he would need the Boards comments before the May 10th public. hearing . ` , > He went on to say that it may be necessary to modify Local .Law : . No . 3 , 1976 , noting that land designated as wetlands will not be sewered for 50 years . Councilwoman Kiefer noted that Tompkins County EMC , in doing; their portion . - has physically surveyed the wetlands . Town Engineer Fabbroni responded that he thought the EMC had completed the Town of Ithaca , as they were aware of the upcoming- sewer project . Councilman Jennings questioned wetlands next to a road, can we . run sewer lines through ? Supervisor Desch answered that no one at DEC seems prepared to - commit themselves on the questions of sewer lines next to a road . Town Engineer Fabbroni again questioned the maps , stating that he felt that pens had slipped the lines back . He questioned the limits , especially along Five Mile Drive , r He noted that the Five Mile Drive area has houses and an eight unit apartment complex built on a flood plain and wetland area . The Town Engineer went on to say that another concrete example was the Grey : Haven Motel , which is shown in a flood plain , however , it is in an area that has been built up for twenty years . Mr . Fabbroni stated that - the railroad right - of -way was designated as being in the flood plain and therefore , the Town could never put a trunk line through this area , eventhough it is above the . flood plain . He went on to say that the map may not have gone far enough ' in the Fall Creek area . Flood insurance maps show houses in the flood plain . Supervisor Desch stated that he sensed a consensus from the Board that the Town Engineer should develop a wetland map on the theory of the 100 Year Flood as a reasonable cutoff point . And to also refine the none flood zone to find proper .boundaries < Councilman McPeak asked if there were other bench marks ? Supervisor Desch answered yes , but we need a standard mark . Councilwoman Kiefer asked what' did the old Cayuga Lake Basiri use for a mark ? Town Engineer Fabbroni answered that he was not sure , he would have to look this up . Supervisor . Desch stated that he felt the mark was lower than the Corp of Engineers bench mark ,. He . went on to say that . in most places , .- .: one foot won ' t make any difference , however , one hundred feet would , and therefore , . this does not make any sense . Councilwoman Raffensperger noted that as she understood it , flood - plains and wetlands were two separate items . Supervisor Desch responded that wetlands were outside of flood plains and need to be checked and designated . Town Attorney Buyoucos asked if the Town had any right to appeal. the designated areas on the map ? Supervisor Desch responded that we have preserved local autonomy . on this matter . We have already made the commitment to regulate wetlands . Town Board Minutes - 5 - April 26 , 1982 Town Attorney Buyoucos questioned the need to restrict sewering for 50 years . He felt this should be tested . SOIL CONSERVATION AGREEMENT - FALL CREEK PROJECT Town Engineer Larry Fabbroni stated that initially the Federal Government ,'. s . reimbursement for the flood disaster was to be $ 5 , 000 . However , after an on - site trip , which convinced the inspectors of the amount of damage , they are now proposing a figure of $ 30 , 000 . The Town Engineer noted that the County started the project and would act as coordinator . However , the City chose to go on their own . Mr . Fabbroni . went on to say that the estimate to repair the wall along Forest Home Drive is $ 31 , 000 . The Town must sign an agreement to provide 20% of the cost in either money or labor . The agreement will authorize the Supervisor to execute the contract , which.. is required , for the Town to participate in the construction of the 150 foot retaining wall . The Conservation Service will contract all the work and the Town will be there to help when they need us . RESOLUTION NO . 60 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , WHEREAS , the United States Department of Agriculture Soil Conservation Service has approved a joint application of Tompkins County to re - pair damage . to streams resulting from the October 1981 flood event . under Section 216 of the Flood Damage Assistance Program , and WHEREAS , a project to repair the retaining wall supporting Forest Home Drive , a Town . Highway , within the . Town of Ithaca has . been approved as - part of the County package , and WHEREAS , the current . estimate for constructing approximately - 150 feet of bin type retaining wall is approximately $ 31 , 000 , and WHEREAS , the Town of Ithaca ' s 20% local share of actual cost will be committed in the form of in - kind provision of materials , labor and machinery , NOW THEREFORE BE IT RESOLVED , that the Town Supervisor be authorized to sign any Contracts , Certifications , Agreements , requests for insurance , etc . , as may be necessary to meet Town commitments for implementation of said project . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . The second resolution pertaining to the Towns need for assistance was discussed . Town Attorney James Buyoucos stated that he objects to Point 5 , which reads "Accepts all financial and other responsibilities resulting from its failure to obtain , or '- its delay in obtaining adequate permits , land and water rights , licenses and clearances needed for the emergency treatment measures " , because of the broadness of the statement . He further objected to Point 9 , "Will accept all responsibility for operations and maintenance of those emergency measures where rock rip - rap is used " . The Town Attorney stated that he did not know what the statement ment , so he would have to object as he did not know enough about it . Town Board Minutes - 6 - April 26 , 1982 Supervisor Desch stated that no easements need to be obtained for private property , only Cornell University easements need to be obtained yet . The Supervisor noted that the Town was talking about very little rock rip - rap . In this case we are talking about a concrete wall . Councilman Jennings asked if the Town needed a permit from DEC ? Town Engineer Fabbroni stated that the County was obtaining all necessary permits . RESOLUTION NO . 61 Motion by Supervisor Desch ; seconded by Councilman Kugler , WHEREAS , the United States Department of Agriculture has allocated funds to be administered by the Soil Conservation Service for emergency treatment assistance to protect lives and property from flood water , erosion and sediment discharge resulting from the damages . created by the Storm Even of October 27 , 1981 , and WHEREAS , the Town of Ithaca has a need for this assistance , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca 1 . Hereby accepts sponsorship for and requests the emergency assistance made available by the Service . 2 . Will acquire the necessary permits , land and water rights , licenses and clearances needed for the installation of the emergency treatment measures by the Service on the property of individual landowners located within the County . 3 . Will fund 20 % of construction cost , with cash , or in - kind services or a combination of both . 4 . Will make funds and resources available as required to allow all work to commence within 220 consecutive calendar clays following authorization of federal funding by the Soil Conservation Service , 5 . Accepts all financial and other responsibilities resulting from its failure to obtain , or its delay in obtaining adequate permits , land and water rights , licenses and clearances needed for the emergency treatment measures . 6 . Will designate an individual to assist in establishing work priorities , acquire land rights , assure coordination with the appropriate agencies , and perform other duties necessary to carry out the responsibilities of the County under this resolution . 7 . Will provide a copy of this resolution to the Soil Conservation Service . 8 . Will hold and save the United States free from damages due to the approved work . 9 . Will accept all responsibility for operations and maintenance of those emergency measures where rock rip - rap is used . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Jennings and Kiefer voting Aye . Nays - none ) . Town Board Minutes - 7 - April 26 , 1982 ADJOURNMENT The meeting was duly adjourned , wn ler i