HomeMy WebLinkAboutTB Minutes 1978-04-21 103
TOWN OF ITHACA
SPECIAL MEETING
April 21 , 1978 - 7 : 30 p . m .
At a Special Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town of Ithaca Offices at
126 East Seneca Street , Ithaca , New York , on April 21 , 1978 at
7 : 30 p . m . , there were
PRESENT : Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Victor Del Rosso , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
Gust Freeman , Jr . , Councilman
ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer/Building
Inspector
Peter Grossman ( Buyoucos & Barney )
Nancy M . Fuller , Deputy Town Clerk
Arthur L . Berkey , 128 Christopher Circle
Mr . and Mrs . John Camilli , 107 Glenside Road
Gerald E . Greene , 204 Glenside Road
Essma J . Davis , 117 Coy Glen Road
Gene Likens , 112 Crest Lane
Kay Likens , 112 Crest Lane
Mr . and Mrs . R . M . Mueller , 120 The Byway
Isabella Spencer , 108 Glenside Road
James Spencer , 108 Glenside Road
Teresa Spencer , 115 Coy Glen Road
David Stoller , 210 Forest Home Drive
Nancy C . Tigner , 564 Elm Street
Adolph Turco , 200 Glenside Road
Betty Turco , 200 Glenside Road
Manning Woolley , 133 Glenside Road
Representatives of the Media :
Mary Norton , WHCU
Jennifer Romm , WTKO
PUBLIC HEARING - 7 : 30 p . m .
IN THE MATTER OF THE INCREASE IN
THE MAXIMUM ESTIMATED COST OF
TOWN -WIDE SEWER IMPROVEMENT FROM
$ 1 , 200 , 000 . 00 to $ 1 , 500 , 000 . 00
Proof of posting and publication of notice of public hear -
ing having been presented by the Town Clerk , the Supervisor opened
the hearing .
Supervisor Desch said that the purpose of this meeting and
public hearing is to determine whether it is in the public interest
to authorize an increase in the maximum amount proposed to be expended
for improvements in the Town -Wide Sewer Improvement Benefited Area
in the Town of Ithaca from $ 1 , 200 , 000 to $ 1 , 500 , 000 .
Material with respect to the establishment of a project
budget for the proposed five - area sewer project was distributed .
Supervisor Desch reviewed this material with the members of the
Board and persons present at the hearing .
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Town Board Minutes - 2 April 21 , 1978
Mr . Berkey stated that the project had his support , but
he questioned whether the financial situation , as presented , was
a realistic one . He felt the figures presented were not quite
clear . Some discussion appeared to clear up these questions . Mr .
Berkey inquired , however , why the cost of the project was up $ 300 , 000
from the time the matter was last presented at the end of 1977 . He
asked if the project had been expanded . Supervisor Desch said the
scope of the project had not changed , but that during the late
September/October period , the Environmental Protection Agency had
released grants of half of billion dollars in addition to funds
already released , public works money for which this County was not
eligible . Contractors were drawn away from this area to take on
work with a shorter turnover . That , he said , had a great deal to
do with the inflation of the price . Supervisor Desch noted that
bids have been coming in on other water and sewer projects as much
as X00 % over estimates .
Mr - , Likens said he would like to go on record in support
of the project , that it is needed badly and the longer it is
delayed the more it will cost .
Supervisor Desch read letter from Arthur Emerson , 505
Elm Street , Ithaca , New York , with respect to the project .
Residents of Elm Street , Glenside Road , and Forest Home
asked various questions with respect to hooking to the system when
it is completed , when the project would begin to be constructed
and when it would be completed , and what the homeowner ' s expense
would be for the connection . It was noted that the average water
user in the Town would pay about $ 70 . 00 a year for sewer maintenance
based on the typical water consumption . There would be a $ 50 . 00
per year charge ( sewer benefit charge ) for the amortization of
bonded indebtedness , the same rate that the rest of the Town of
Ithaca is now paying . Supervisor Desch said the project would
begin to be constructed about June 15 ( or sooner ) ; that there is
a 30 -day waiting period. after the adoption of the order for the
increase , since the increase is subject to a permissive referendum .
A contract cannot officially be signed until May 22 . By that time
the Town will have had all the approvals required from EPA and shop
drawings will have been submitted by the engineers and the contractor
will be in position to purchase materials . There will be two crews
working at one time . It is anticipated that the construction will
be completed by October 15 , 1978 , but that clean - up work would con -
tinue through the winter .
The Supervisor read the proposed Order for the increase
in its entirety , and after some further discussion , the Board
acted as follows :
Motion by Councilman McElwee ; seconded by Councilman Powers ,
(, See following page for Order )
C O N T E N T S
Io Introduction
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IIe Bid Results I
III . Budget Recommendation/Financing
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I . Introduction
In 1970 , the Town Board received a number of requests for
sewer service from Forest Home , Glenside and the Elm Street area .
At the same time , the Tompkins County Health Department '
expressed concern about increased pollution in Six Mile Creek
( the City of Ithaca Watershed ) , Fall Creek , and Cayuga Inlet .
The Town Board proceeded with a post - card survey to
each property owner in these areas . Forest Home , Glenside , and
Elm Street responses were heavy and virtually 100 % in favor of
participating in the costs of a new sewer system . Note that both
Forest Home and Glenside already had public water service . West
Haven Road was excluded from the system because the response at
that time was about 50 - 50 . o
The consulting engineers were hired to design the system
and on August 12 , 1974 , the Town Board resolved to borrow $ 970 , 000
to build the system as a Town-wide sewer improvement . Appropriate
plans were filed with the New York State Department of Environmental
Conservation .
Approximately two years were lost to the review process
as the relative roles of DEC and EPA ( Environmental Protection
Agency ) and their procedures for insuring compliance with the
Pure Waters Act of 1972 became established .
Finally , in January of 1977 , at a meeting in Albany and
through the help of Senator Smith and Assemblyman Lee , we were
able to get an eligibility number for the project . The eligibility
number placed the project in the mainstream of the review process
and enhanced the chance for a Federal grant .
Expensive environmental impact and archeological assess -
ment statements had to be written . Both EPA and the City of Ithaca
had to agree that there was sufficient capacity in the City of
Ithaca sewage plant to handle the additional load from the improve -
ment .
Everyone involved with the project anticipated that a
grant would be in hand in August and the project would be released
for bidding at that time .
Unfortunately , EPA was required to issue a directive
requiring a review of all collector sewer projects from the stand -
point of need , overall technical viability , and cost effectiveness .
For example , would it be possible to connect Glenside to a lagoon
system rather than tie it to the City system?
Through the help of the County Health Department , Town
Engineering and Planning staff , soils experts from Cornell and
Congressman McHugh ' s office , we were able to meet a virtually
impossible 30 - day deadline . A field survey of every parcel com-
plete with photographs had to be accomplished !
One final delay in October may have been the most costly
to the project . It involved the seemingly simple matter of re -
leasing the Federal prevailing rate schedule . The loss of one
month resulted in the project being released for bidding in direct
competition with the release of $ 450 , 000 , 000 for public works pro -
jects in nearby areas of high unemployment and the simultaneous
release State -wide of a similar amount of EPA projects . The result -
ing inflation in the construction market will undoubtedly cost tax -
payers in New York State tens of millions of dollars .
2 -
In the case of the Town of Ithaca sewer project , an
acceptance of the January 13 low bid would have required
authorization to increase the pt ject budget from $ 1 , 200 , 000
to $ 1 , 900 , 000 . The benefit rate would have to be increased
to $ 55/unit to nay for the • increased local share . Of equal
concern was the severe cost to connect to the new system . By
accepting a unit price of $ 50/foot for sewer laterals , it would
have set the pattern for homeowner connection costs to $ 5 , 000
for a 100 foot long lateral . Such a precedent was unacceptable
to the Board . Further , the Town Board at the outset had set the
objective of accomplishing the improvement within the current
benefit rate .
With the foregoing in mind the Town Board , with DEC and
EPA concurrence , rejected the bids .
The new bid documents incorporated several comments
from previous bidders and provided for a pre - bid conference .
No changes . in the scope of the project or reduction in quality
were made .
Seven bids were received on April 5 , 1978 .
II . Bid Results
Exhibit A is a summary of the bid results . A 4 -page 18 "
x 24 " analysis of each bid item is available in the Town Office .
The rebid has reduced the cost of the project $ 400 , 000
and thereby makes it achievable well within the current benefit
charge . i
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Connection to the sewer is accomplishable at the more
realistic rate of 511000 = $ 2 , 000 for a 100 foot lateral .
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The more competitive nature of the new bids is the
result of the following .
( 1 ) Timing of the bid opening . The contractors `` in
our area were temporarily under less pressure to figure several
jobs at one time .
( 2 ) The bid documents and bid form were simplified to
minimize the potential for bidding error .
( 3 ) The project completion date was extended to make
both the 1978 and 1979 construction seasons available for accom-
plishment of the project to ease the concern for liquidated damages
as much as reasonably possible . � !
• ( 4 ) The pre - bid conference showed the prospective li
bidders that the Town and its engineering consultant had done
a very thorough job in the design and easement acquisition process .
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( 5 ) The project was more widely advertised .
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III . Budget Recommendation/Financing
In rebidding the project , the Town Board established
the objective of keeping the local share of the project cost
at or below $ 500 , 000 . The low bid results in the following
budget and shows that this target is achievable .
Administration . . $ 21 , 000
. . . . . . . . . . . .
Engineering 98 , 000
Inspection 130 , 000
Construction 1 , 023 , 134
Contingency ( Part I ) 51 , 166
Interest 35 , 000
EPA Budget subtotal . . . . . . . . . . . . . . . . . $ 1 , 358 , 300
Contingency ( Part II ) 141 , 700
$ 1 , 500 , 000
Estimated Source of Funds
Town Sewer Benefit . . . . . . . . . . . . . . . . . . . . . $ 441 , 460
Town Water Budget 25 , 000 * *
EPA Grant 891 , 840
* * ( Fall Creek water liner $ 1 , 3581300
crossing replacement ) 141 , 700
$ 1 , 500 , 000
* The Part II project contingency of approximately 10 % ,
or $ 141 , 700 is included in the authorization to assure proper
prosecution of the work in the event unforeseen underground
interferences are encountered . EPA will allocate only a 5 %
contingency in their budget . If actual costs exceed the 5 % , they
will pay their share on aid items on the basis of approved change
orders .
The 10 % Part II contingency is not excessive , given the
nature of this project . Much of the new system will be placed
in and around areas where homes were constructed 40 - 70 years ago .
Interference between new sewer laterals and the 40 - year old gas
and water lines is likely . Although extensive test borings were
done along the precise alignment of the sewer , the possibility of
encountering rock at higher elevations in between is a real one .
The objective of the Town Board is to avoid spending
any of the Part II contingency . On the other hand , the timely
completion of the project should not be jeopardized if it becomes
necessary to use a part or all of the Part II contingency . In
Exhibit B we show the cost to borrow $ 425 , 000 and $ 500 , 000 at 6 %
respectively .
Can the Town afford the project at the $ 1 , 500 , 000 authori -
zation level ?
Exhibit C shows the status of the Town -wide benefit fund
if the local share to be borrowed is $ 500 , 000 . Such a borrowing
can be accomplished without causing the account balance in any
year to fall below $ 20 , 000 .
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Note that the need to borrow $ 500 , 000 would come about
only if $ 58 , 540 ( or 41 . 3 % ) of the Part II contingency were added
to the local share . Such a situation is a highly unlikely worst
case for the local share of any increase would probably be 25 %
or $ 35 , 175 , which would make the local borrowing approximately
$ 475 , 000 .
In actuality , the local share could be as high as $ 550 , 000
without causing a short term deficit in the benefit fund .
The balance in the fund is to be reserved as a further
overall sewer fund contingency .
The notes on Exhibit C show that actual Town growth
during the high inflation rate years of 1972 - 1977 exceed the
50 units included in the sewer fund computation . In addition ,
the new hospital will add at least 100 units (or $ 5 , 000 ) per year
to the balances .
We have contacted several consulting engineers around
the State to find out the current range of costs to system users .
We find no case where sewer systems of similar size to ours are
being built for $ 50 /unit . In fact , most new systems , including
that contemplated in the Village of Lansing , exceed $ 200 /unit .
Of the 160 initial users of the new system , 'an overwhelm-
ing majority have for five years deferred replacement of their
septic systems in anticipation of the construction of the new
system . The need for the new system has not diminished in the
minds of the residents of these areas nor in the minds of the
Tompkins County Health Department , New York State Department of
Environmental Conservation or the U . S . Environmental Protection
Agency . It is without a doubt in the best interest of our com-
munity to proceed with the project at the increased budget total
of $ 1 , 500 , 000 .
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EXHIBIT A
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EXHIBIT B
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Prin- Prin-
Year cipal Interest Total ci pal Interest Total
1979 19 , 000 25 , 500 44 , 500 20 , 000 30 , 000 50 , 000
1980 19 , 000 24 , 360 43 , 360 20 , 000 28 , 800 48 , 800
] 1 19 , 000 23 , 220 42 , 220 20 , 000 27 , 600 47 , 600
19 , 000 22 , 080 - 4-1 , 080 20 , 000 261400 46 , 400
1983 19 , 000 20 , 940 39 , 940 20 , 000 25 , 200 456200
1984 19 , 000 19 , 800 38 , 800 25 , 000 24 , 000 49 , 000
1985 19 , 000 18 , 660 37 , 660 25 , 000 22 , 500 47 -, 500
1986 19 , 000 17 ,520 36 , 520 25 , 000 21 , 000 46 , 000
1987 19 , 000 16 , 320 35 , 320 ; ' 25 , 000 19 , 500 44 , 500
1988 19 , 000 15 , 240 - 34 ; 240 25 , 000 18 , 000 43. 1000
1989 23 , 500 14 , 100 . 37 ,, 600 25 , 000 16 , 500 41 , 500
1990 23 , 500 12 , 690 36 , 190 25 , 000 15 , 000 40 , 000
1991 23 , 500 11 , 280 34 , 780 25 , 000 13 , 500 38 , -500
1992 23 , 500 90o870 330370 25 , 000 12 , 000 37 , 000
3 23 , 500 8 , 460 31 , 960 25 , 000 10 , 500 350500
4 23 , 500 7 , 050 30 , 550 300000 91000 39 , 000
1995 23 , 500 5 , 640 29 , 140 30 , 000 7 , 200 37 , 200
1996 23 , 500 4 , 230 27 , 730 30 , 000 51400 35 , 400
1997 23 , 500 21820 2640320 30 , 000 31600 3.3 , 600
1998 23 , 500 1 , 410 - 24 , 910 30 , 000 1 , 800 31 , 800
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TOWN OF ITHACA
FIVE AREA SEWER PROJECT
Establishment of Project Budget
April 21 , 1978
URN 23 PAGE 354
At a Special Meeting of the Town Board
of the Town of Ithaca , Tompkins County ,
New York , held at the Town Hall , in
Ithaca , New York , on the 21st day of
April , 1978 , at 7 : 30 p . m . Eastern
Standard Time .
PRESENT .
Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Victor Del Rosso , Councilman
Robert N . - Powers , Councilman
Catherine A . Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
Gust L . Freeman , Councilman
In the Matter
of
The Increase in the Maximum Amount Proposed
to be Expended for the Original Improvements
in the Town Wide Sewer Improvement Benefited
Area in the Town of Ithaca , Tompkins County ,
New York .
WHEREAS , pursuant to proceedings heretofore had and
taken in accordance with the provisions of Section 209 - q of
the Town Law and more particularly a resolution of this Town
Board dated December 10 , 1973 , and an approving order of the
Comptroller of the State of New York dated July 22 , 1974 , the
Town of Ithaca , Tompkins County , New York , has heretofore
established the Town Wide Sewer Improvement Area in said Town
and has authorized a sewer improvement therein , and
WHEREAS , the maximum estimated cost of the said project
was first established in the amount of $ 970 , 000 . 00 and the
issuance of $ 970 , 000 . 00 serial bonds was duly authorized by the
Town Board and approved by the State Comptroller , and
WHEREAS , subsequent to the above proceedings the Town
became eligible for and has received a commitment for a grant of
Federal funds whereby the major portion of the costs of the pro -
ject will be /financed - by said funds , and
WHEREAS , pursuant to additional proceedings brought in
accordance with the provisions of subdivision 5 of said Section
209 - q , at a meeting, held on August 8 , 1977 , the maximum amount
proposed to be expended for such project was increased from
$ 9701000 . 00 to $ 1 , 200 , 000 . 00 , but due to the said grant of Fed -
eral funds , no portion of said increase was to be financed by
the issuance of bonds , notes , certificates or other evidence of
indebtedness beyond the sum of $ 970 , 000 . 00 which had been previous
ly authorized to be issued and approved , as stated above , and
I.iBER 23 PAGE 355
2 -
WHEREAS , the Town Board has now received bids for the
construction of such improvement as a result of which it appears
that the maximum estimated cost of such improvement will be
$ 1 , 500 , 000 . 00 ; and
WHEREAS , pursuant to additional proceedings brought in
accordance with the provisions of said subdivision 5 of said
Section 209 -q , a public hearing was called to be held on April
21 , 1978 , at 7 : 30 p . m . , Eastern Standard Time , at the Town Hall ,
at 126 East Seneca Street , Ithaca , New York , in the City of Ithaca ,
New York , on the proposed increase of the maximum estimated cost
of such improvement from $ 1 , 200 , 000 . 00 to $ 1 , 500 , 000 . 00 , but due
to the grant of Federal funds , no part of the increase beyond the
sum of $ 970 , 000 . 00 previously authorized and approved , as stated
above , is to be financed by the issuance of bonds , notes , certi -
ficates or other evidence of indebtedness , and
WHEREAS , said hearing was duly held at the time and
place designated , at which all persons interested in the subject
matter thereof were heard , and
WHEREAS , it is now desired to authorize and approve said
increase ; NOW , THEREFORE , IT IS HEREBY
ORDERED , by the Town Board of the Town of Ithaca , Tompkins
County , New York , as follows :
Section 1 . It is hereby determined that it is in the
public interest to authorize an increase in the maximum amount
proposed to be expended for improvements in the Town Wide Sewer
Improvement Benefited Area in the Town of Ithaca , Tompkins County ,
New York , as described in the preambles hereof from the previously
estimated amount of $ 1 , 200 , 000 . 00 to $ 1 , 500 , 000 . 000
Section 2 . The Town Clerk is hereby authorized and
directed to cause certified copies of this order to be recorded
in accordance with the provisions of Section 195 of the Town Law .
Section 3 . The aforesaid increase is hereby authorized .
Section 4 . Pursuant to the provisions of subdivision 5
and subdivision ll ( a ) of Section 209 - q of the Town Law , this
order is adopted subject to permissive referendum .
The question of the adoption of the foregoing order was
duly put to a vote on roll call , which resulted as follows :
Supervisor p or Noel Desch Aye
Councilman Andrew W . McElwee Aye
Councilman Victor Del Rosso Aye
Councilman Robert N . Powers Aye
Councilwoman Catherine A . Valentino Aye
Councilwoman Shirley Raffensperger Aye
Councilman Gust L . Freeman Aye
The order was thereupon declared duly adopted .
N
t.IBER 23 PAGE 356
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss . :
I , the undersigned Clerk of the Town of Ithaca , Tompkins
County , New York , DO HEREBY CERTIFY .
That I have compared the foregoing copy of the minutes
of the meeting of the Town Board of said Town , including the
order contained therein , held on the 21st day of April , 1978 ,
with the original thereof on file in my office , and that the
same is a true and correct copy of said original and of the
whole of said original so far as the same relates to the subject
matters therein referred to .
I FURTHER CERTIFY that all members of said Board had due
notice of said meeting and that , pursuant to Section 94 of the
Public Officers Law ( Open Meetings Law ) said meeting was open
to the general public and that I duly caused a public notice
of the time and place of said meeting to be given to the following
newspapers and/or other news media as follows :
Newspapers and/or other news media Date given
Ithaca Journal , Ithaca , New York April 18 , 1978
W H C U , Ithaca , New York April 18 , 1978
W T K 0 , Ithaca , New York April 18 , 1978
W V B R News Dept . , Ithaca , New York April 18 , 1978
W C I C TV , Ithaca , New York April 18 , 1978
W I C B Radio , Ithaca , New York April 18 , 1978
Ithaca New Times , Ithaca , New York April 18 , 1978
Ithaca Mid -Week Observer , Ithaca , N . * Y . April 18 , 1978
and that further notice of the time and place of such meeting
was given to the public by posting such notice in the following
places on the following dates and by giving such other notice
as follows :
Signboard at the entrance to the Town Offices at
126 East State Street , Ithaca , New York , on
April 11 , 1978 .
IN WITNESS WHEREOF , I have hereunto set my hand and
gat ' R6( 1,, the seal of said Town this 26th day of April , 1978 .a"ab
aaa
aSao try
'S e k -A � �
TO CLERK
16pkins CoiiU; ,
Recorded on the . 'Zoaae Day of ► � ,,Q . . �. . j. . �. . . 1 dd
+ ►�. o'dock • • .M., in Liber . . ... '�,r. i'� �.4 . . .at �
at Page r� • • . and e
Berk
4
Town Board Minutes - 3 - April 21 , 1978
There were some questions from residents with respect
to the installation of laterals . There was some concern as to
whether the engineers were familiar with the location of utility
lines , outlet points , etc . Supervisor Desch assured them that
these matters have been checked by Lozier Engineers , but that in
any event before they start to lay the laterals , the location of
all underground utilities and outlet points will be re - checked
and each property owner will be contacted in advance and that
the engineers will have selected the most logical connection
points .
There was question from Glenside residents as to whether
the water pressure in the area would be improved with the construc -
tion of this project . Supervisor Desch said the matter of water
pressure in the Glenside and Coy Glen areas is a separate project
and that this project will not improve that situation . He said
that perhaps next year some of these smaller projects will be
considered and perhaps funding souces for them might be identified .
ADJOURNMENT
The meeting was duly adjourned at 8 : 25 p . m .
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Edward L . Bergen , Town Clerk