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HomeMy WebLinkAboutTB Minutes 2012-06-11Meeting of the Ithaca Town Board Monday, June 11,2012 at 12:45 p.m. 215 North Tioga Street, Ithaca, NY 14850 4. 5. 6. 7. Aaenda Consider Setting a Public Hearing Regarding a Supplement to the Agreement of Municipal Cooperation for the Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System (Bolton Point) Relating to the 2012 Burdick Hill Tank Project Consider Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca Consider Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the N. Triphammer Road Water Main Water Improvement Area of the Town of Ithaca Discuss and Consider Approval of the Pegasus Capital Budget Appoint Patricia Leary as a Town of Ithaca Marriage Officer Approve Town of Ithaca Abstract Approve Bolton Point Abstract Adjournment Meeting of the Ithaca Town Board Monday, June 11, 2012 at 12:45 p.m. 215 North Tioga Street, Ithaca, NY 14850 Minutes Present : Herb Engman, Supervisor; Bill Goodman, Deputy Supervisor; Board Members: Pat Leary, Nahmin Horwitz and Eric Levine Staff: Paulette Terwilliger, Town Clerk and Mike Solvig, Finance Officer Meeting called to order at 12:47 p.m. Consider Setting a Public Hearing Regarding a Supplement to the Agreement of Municipal Cooperation for the Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System (Bolton Point) Relating to the 2012 Burdick Hill Tank Project TB Resolution No. 2012 - 112: Setting a Public Hearing Regarding a Supplement to the Agreement of Municipal Cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System Relating to the 2012 Burdick Hill Tank Project BE IT RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at the th Town Hall, 215 North Tioga Street, Ithaca, New York on the 25 day of June, 2012 at 4:30 p.m. for the purpose of providing full opportunity for citizen participation and input in the preparation of a proposed “Supplement to the Agreement of Municipal Cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and Transmission System Relating to the 2012 Burdick Hill Tank Project” ; and it is further RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal and to post a copy of same on the signboard of the Town of Ithaca. Moved: Pat Leary Seconded: Eric Levine Vote: Ayes – Leary, Levine, Engman, Goodman and Horwitz Passed unanimously. Consider Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca TB Resolution No. 2012 -113: Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca Adopted 06 25 2012 TB Special 06 11 2012 PRESENT: Herb Engman, Bill Goodman, Eric Levine, Nahmin Horwitz and Pat Leary WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, in conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of Lansing and Dryden, has determined and agreed to participate in the provision of a joint water project for a new water tank at Burdick Hill Road and to contract joint indebtedness therefore in accordance with Section 15.00 of the Local Finance Law pursuant to an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System (the “Intermunicipal Agreement”); and WHEREAS, a map, report and plan, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the construction of a new water tank at Burdick Hill Road; to serve a benefitted area in said Town to be known as Burdick Hill Road Tank Water Improvement Area (the “Water Improvement Area”) of the Town of Ithaca; and WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; an WHEREAS, the area of said Town determined to be benefited by said Burdick Hill Road Tank Water Improvement Area of the Town of Ithaca consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the capital improvements proposed in connection with the establishment of the Water Improvement Area consist of the construction of a new 900,000 gallon water tank at Burdick Hill Road; at an initially determined maximum estimated cost to said Water Improvement Area of $633,840, it being determined that (1) the additional $566,160 of the $1,200,000 aggregate maximum estimated cost shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water districts in the Towns of Lansing and Dryden and that (2) joint indebtedness shall be issued therefor and that (3) the ultimate share of the cost to be allocated to the Town of Ithaca pursuant to Intermunicipal Agreement shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement; and WHEREAS, said $1,200,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed by the joint issuance by the Town of Ithaca, with the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, of joint serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, said maximum estimated cost, as to the Town of Ithaca of $633,840 is not greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Ithaca outside of any villages; and Page 2 of 8 TB Special 06 11 2012 WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Burdick Hill Road Tank Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in th said Town, on the 25 day of June 2012, at 4:30 o’clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is directed to publish a notice of Public Hearing regarding the aforesaid Improvement. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Moved: Pat Leary Seconded: Eric Levine Pat Leary, aye; Eric Levine, aye; Herb Engman, aye; Nahmim Horwitz, aye; and Bill Goodman, aye. The Order was thereupon declared duly adopted. Consider Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the N. Triphammer Road Water Main Water Improvement Area of the Town of Ithaca Page 3 of 8 TB Special 06 11 2012 TB Resolution No. 2012 - 114: Order Setting a Public Hearing Regarding a Proposed Water Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the North Triphammer Road Water Main Water Improvement Area of the Town of Ithaca PRESENT: Herb Engman, Bill Goodman, Eric Levine, Pat Leary and Nahmin Horwitz WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, in conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of Lansing and Dryden, has determined and agreed to participate in the provision of a joint water project construction of a new water transmission main at North Triphammer Road and to contract joint indebtedness therefore in accordance with Section 15.00 of the Local Finance Law pursuant to an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System (the “Intermunicipal Agreement”); and WHEREAS, a map, report and plan, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to construction of a new water transmission main at North Triphammer Road; to serve a benefitted area in said Town to be known as North Triphammer Road Water Main Water Improvement Area (the “Water Improvement Area”) of the Town of Ithaca; and WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the area of said Town determined to be benefited by said North Triphammer Road Water Main Water Improvement Area of the Town of Ithaca consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the capital improvements proposed in connection with the establishment of the Water Improvement Area consist of construction of a new water transmission main at North Triphammer Road at an initially determined maximum estimated cost to said Water Improvement Area of $422,560, it being determined that (1) the additional $377,440 of the $800,000 aggregate maximum estimated cost shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water districts in the Towns of Lansing and Dryden and that (2) joint indebtedness shall be issued therefor and that (3) the ultimate share of the cost to be allocated to the Town of Ithaca pursuant to Intermunicipal Agreement shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement; and WHEREAS, said $800,000 maximum estimated cost, which is the cost of the project, shall be authorized to be financed by the joint issuance by the Town of Ithaca, with the Towns of Dryden Page 4 of 8 TB Special 06 11 2012 and Lansing and the Villages of Cayuga Heights and Lansing, of joint serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and WHEREAS, said maximum estimated cost, as to the Town of Ithaca of $422,560 is not greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Ithaca outside of any villages; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne by the real property in said North Triphammer Road Water Main Water Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in th said Town, on the 25 day of June 2012, at 4:30 o’clock P.M., Prevailing Time, to consider the aforesaid plan, report and map, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is directed to publish a notice of Public Hearing regarding the aforesaid Improvement. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Moved: Pat Leary Seconded: Eric Levine Pat Leary, aye; Eric Levine, aye; Herb Engman, aye; Nahmim Horwitz, aye; and Bill Goodman, aye. Page 5 of 8 TB Special 06 11 2012 The Order was thereupon declared duly adopted. Discuss and Consider Approval of the Pegasus Capital Budget TB Resolution No. 2012- 115: Adopt 2013 PEG Access Studio Capital Budget Whereas the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio; and Whereas the total capital budget for the life of the ten-year agreement was estimated to be $200,000; Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement; and Whereas the Access Oversight Committee has approved a 2013 capital budget in the amount of $31,000; and Whereas the Franchise Agreement states that participating municipalities, including the Town of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it Resolved that the Town Board of the Town of Ithaca adopts the 2013 PEG Access Studio budget as approved by the Access Oversight Committee. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes – Engman, Goodman, Leary, Horwitz and Levine Motion passed unanimously. Appoint Patricia Leary as a Town of Ithaca Marriage Officer TB RESOLUTION NO. 2012- 116: Appoint Patricia Leary as a Marriage Officer for the Town of Ithaca WHEREAS New York State Domestic Relations Law Article 3, Section 11-C authorizes the governing body of a town to appoint one or more Marriage Officers to solemnize marriages within the territory of the town, provided they are at least 18 years old and reside in the town and WHEREAS Patricia Leary, meets all the qualifications required by the Domestic Relations Law and has requested that the Town Board appoint her as a Marriage Officer, therefore, be it RESOLVED that the Town Board of the Town of Ithaca hereby appoints Patricia Leary as a Marriage Officer for the Town of Ithaca, for which there will be no salary or wage, from the date hereof until January 1, 2014. Page 6 of 8 TB Special 0611 2012 Moved: Eric Levine Seconded: Bill Goodman Vote: Ayes - Levine, Goodman, Horwitz, Leary and Engman Motion passed unanimously. Approve Town of Ithaca Abstract TB RESOLUTION NO. 2012 -117; Town oflthaca Abstract WHEREAS, the following numbered vouchers have been presented to the Ithaca 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 in total for the amounts indicated. VOUCHER NOS. 2218 - 2280 ' \ r \ General Fund Town wide 68,290.69 General Fund Part Town 6,601.14 Highway Fund Part Town 27,945.02 Water Fund 181,729.38 Sewer Fund 4,135.63 Warren Road Walkway East Shore Drive Water Main Town Hall Roof Replacement 35,193.00 Snyder Hill Water Improvement Snyder Hill Road Reconstruction Hungerford Hill Pump Station Fire Protection Fund 860.00 Risk Retention Fund Forest Home Lighting District 147.14 Glenside Lighting District 41.51 Renwick Heights Lighting District 59.31 Eastwood Commons Lighting District 141.92 Clover Lane Lighting District 16.72 Winner's Circle Lighting District 55.84 Burleigh Drive Lighting District 56.75 West Haven Road Lighting District 171.69 Coddington Road Lighting District 102.36 Trust and Agency 2,500.00 Debt Service 430.00 TOTAL 328,478.10 Page 7 of 8 TB Special 06 11 2012 MOVED: Bill Goodman SECONDED: PatLeary VOTE: Ayes - Goodman, Leary, Engman and Horwitz Absent: Hunter and DePaolo Passed unanimously. Approve Bolton Point Abstract TB Resolution No. 2012-118; 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: 968-1034 f \ Check Numbers:13843-13909 Burdick Hill Tanks Project N. Trip Rd T-main Project Operating Fund TOTAL Less Prepaid TOTAL Moved: Pat Leary $ 5,523.61 $ 225.00 $ 78.163.94 $ 83,912.55 $ 31,903.49 $ 52,909.06 Seconded: EricLevine Vote: Ayes - Leary, Levine, Horwitz, Engman and Goodman Motion passed unanimously. Adjournment Meeting was adjourned upon motion and a second at 12:58 p.m. Submittedo^ Paulette Terwilliger, Town Clerk Page 8 of 8