Loading...
HomeMy WebLinkAboutTB Minutes 1973-10-23'v « * ^V ABSENT: ALSO PRESENT TOWN OP ITHACA SPECIAL BOARD MEETING October 23, 1973 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 108 East Green Street, Ithaca, New York, on the 23rd day of October, 1973, at 5:00 p.m., there were PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Noel Desch, Couhcilman Robert N. Powers, Councilman Victor Del Rosso, Councilman James V, Buyoucos, Town Attorney Kenneth KroohS, Town Engineer-Planner Marion Morey, Highway Superintendent James Dunlap, Lozier Engineers, Inc. AUTHORIZATION TO BID CODDINGTON ROAD WATER IMPROVEMENT Since there is no intention at this time to bond for this project and since it will be on Bond Anticipation Notes, the Town Attorney felt the Supervisor could be authorized at this timetO advertise for bids on the construction of the Coddington Road Water Improvement. Motion by Coiincilman Desch; seconded by Councilman McElwee, RESOLVED, that the Town Supervisor is authorized to consult with engineers in the preparation of contract documents for the purpose of advertising for bids for the construction of the Coddington Road ^ Water Improvement Number One at such time as all documents and pro cedures are in order. Unanimously carried. i + BOND RESOLUTION - CODDINGTON ROAD WATER IMPROVEMENT NUMBER ONE The Town Attorney presented for review a proposed bond resolution in the matter of the construction of an addition to the Town of Ithaca Water System to be known as the Coddington Road Water Improvement Number One. After brief discussion and some minor revisions the following action was taken: Motion by Supervisor Schwan; seconded by Councilman McElwee, A RESOLUTION AUTHORIZING THE CONSTRUCTION OP AN ADDITION TO THE TOWN OF ITHACA WATER SYSTEM CONSISTING OF THE CONSTRUCTION OF WATER MAINS, HOUSE SERVICES, HYDRANTS AND THE APPURTENANCES ON CODDINGTON ROAD, AS A TOWN WATER IMPROVEMENT AT A MAXIMUM ESTIMATED COST OF $29,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF ITHACA, NOT EXCEEDING $29,000 TO PAY THE COST THEREOF. BE IT RESOLVED by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The construction of an addition to the Tovm of Ithaca Water System to be constructed and operated as a Town improve ment pursuant to Section 209-q of the Town Law, consisting of water mains, hydrants, curb-boxes, and other appurtenances, lands and ^ rights in land, on Coddington Road, in the Town of Ithaca, Tompkins County, New York, to be known as Coddington Road Water Improvement Number One, is hereby authorized at a maximiim estimated cost of $29,000. 9^ - 2 - October 23, 1973 : I j , Section 2. The ^ian for the finaiicing of such maximum estimated cost consists of the issuance of Serial Bonds of said Town, not exceeding $29,000 in amount which bonds are hereby authorized for such object or purpose. Section 3. It is hereby detotmined that (a) the period of probable usefulness of the aforesaid object or purpose is 40 years, pursuant to Section 11.00 of the Local Finance Law; (b) that the maxi- mim maturity of the said bonds herein jauthorized will be ih excess of five years; and (c) that £)hrsuant to item (b) of subdivision 3 of paragraph (d) of Section 107 of the Local Finance Law, no down payment is required in connection with the issuance of the Serial Bonds herein authorized. M Section 4. The faith and credit of the Town of Ithaca are pledged to the payment of the principal of these bonds and interest thereon when due. The aforesaid pbligations will be paid from funds raised by assessments upon and collected from the lots and parcels in the benefited area in just propbrtion to the benefit conferred upon the same as determined by the Town Bo^d. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance bf and to sell bond antici pation notes in anticipation ot the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town SuperVispt, the chief fiscal officer. Such notes shall be of such terms, fbrm jand contents, and shall be sold in such manner, as may be presbribed by said Town Supervisor, consis tent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1. Such bonds are authorized for an object or purpose for which the Town of Ithaca, New York, is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such pub lication; or 3. Such bonds are authorized in violation of the provi sions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in the Ithaca Journal, the official news paper of the Town of Ithaca. Unanimously carried. BIDS ON SALT AND SAND SPREADER The Supervisor presented proof of publication of advertisement for bids on a new salt and sand spreader for the Highway Department. He reported that the bids were opened at 2:00 p.m. on October 23, 1973. Two bids were received, one from Walter M. Roberts Enterprises, Inc. of Cazenovia, New York, in the amount of $2,488.00 and one from Hanna & Hamilton, Inc., of Bath, New York, in the amount of $1,994.82. Upon assurance from Highway Superintendent Morey that the Hanna and Hamilton Equipment met the specifications, the Town Board took the following action: Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the low bid of Hanna & Hamilton, Inc. in the net amount of $1,994.82 for the salt and sand spreader be accepted. Unanimously carried. n r - 3 - October 23, 1973 BIDS ON REPAINTING OF THE CHRISTOPHER CIRCLE WATER TANK I ?The Supervisor presented proof of publication of advertisement for bids on the repainting of the Christopher Circle Water Tank, and re ported that eight bids had been received, that the bids had been opened at 3s00 p.m. on October 23, 1973 in iabcordance with the adver tisement, ^d that the Virginia Erection Corporation of Pittsburgh, Pennsylvania was the low bidder with a bid of $9,085.00. I4r, Dunlap J[^oz2.er Engineers said that the Virginia Erection Corporation is a well-known and reputable firm. He suggeistiSd, however, that the Board until the Town Board meeting, of November 8,1973 to give Lozier Engineers, Inc. an opportunity to check the speci- ^cations and the bid and prepare proper documents fof the low bidder. The Board postponed action until November 8, 1973. ABANDONED VEHICLES CONTRACT WITH TOMPKINS feOUNTY SHERIFE* The Board reviewed a proposed contract between the Town of Ithaca and the Tompkins County Sheriff with regard to the disposal of aban doned vehicles. The Town Attorney suggested that the Town should not take any action at this time, that further thought should be because, according to the proposed agreement,the Sheriff is the Town's agent, and should he erroneously remove someone s car the Town is licd>le because the Sheriff would be acting as the To\m's agent. There was a suggestion that the Town could handle this problem on its own, perhaps with a local law. Council- men McElwee, Powers, and Desch were appointed as a committee of three (with Councilman Desch as Chairman) to investigate this matter and report to the Board. Motion by Supervisor Schwan; seconded by Councilman Powers, ]^SOLVED, that consideration of the matter of a contract between the Town of Ithaca and the Sheriff of Tompkins County with regard to the disposal of abandoned vehicles be tabled and that Councilman McElwee, Powers, and Desch (with Councilman Desch as Chairman) be appointed as a committee of three to investigate the matter and report to the Board. Unanimously carried. ORDER SCHEDULING PUBLIC HEARING ON SEV7ERING FOREST HOME AREA, SLATERVILLE ROAD AREA, CODDINGTON ROAD AREA, GLENSIDE ROAD AREA, AND ELM STREET EXTENSION AREA The Board reviewed with Mr. James Dunlap, Lozier Engineers, Inc., proposed plan for sanitary sewer extensions in the Town of Ithaca^ noting in particular the revision of the plan with respect to the Slaterville Road area. There was discussion of what easements would be required. Town Attorney Buyoucos read the proposed order to schedule a public hearing on the matter, after which the Board took the following actions Motion by Councilman Powers; seconded by Supervisor Schwan, IN THE MATTER OF THE AUTHORIZATION OF A SEWER IMPROVEMENT IN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-C OF THE T0V3N LAW WHEREAS, a plan, report and map 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, re lating to the providing of a sewer improvement in the area of said Town outside of any villages; and WHEREAS, such plan, report and map provide for the furnish-. ing of extensions to the existing sanitary sewer system in said Town; and /t>e> - 4 - October 23, 1973 WHEREAS, such plan, report and map have been duly filed in the office of the Town Clerk of the Town of Ithaca and are available at said office for public inspection during regular office hours; and WHEREAS, the boundaries of the proposed benefited area in the Town of Ithaca constitute the boundaries of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights in said! !pown; and WHEREAS, the proposed Sewer improvement as set forth and des cribed in said plan, report and map consist of the construction and installation of 8" sanitafy sewer lines, manholes, 4" house laterals, force mains, pump and lift stations, and other necessary appurtenant facilities for connection to the existing sanitary sewer system in said Town for discharge into existing facilities owned by the Town of Ithaca, the City of Ithaca and Cornell University for ultimate trans mission of sewage effluent for treatmerit and discharge through the City of Ithaca, together yith acquisition of necessary land or rights in land (see Schedule "A'*); and WHEREAS, the maximum amdiiint proposed to be expended for said sewer improvement is $690,000? and WHEREAS, the cost of Said proposed sewer improvement shall be borne by the area of the Town of Ithaca outside of the Village of Cayuga Heights, the only village located in said Town, the benefited area described above, and such cost shall be assessed, levied and collected from the several lots and parcels of land in said benefited area of the Town in just proportion to the anlount of benefit which the sewer improvement shall confer upon said lots or parcels; and WHEREAS, the proposed method of financing to be employed con sists of the issuance of serial bonds of said Town to mature in annual installments over a period not exceeding forty (40) years; and WHEREAS, it is now desired to call a public hearing on the foregoing matters in accordance with the provisions of Section 209-q of the Town Law, NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows; Section la A meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, shall be held at the Ithaca Town Offices at 108 East Green Street (third floor), Ithaca, New York, on the 12th day of November, 1973, at 5s30 p.m., for the purpose of conducting a public hearing on the authorization of the aforesaid improvement and establishment of the aforesaid benefited area and the plan, report and map filed in relation thereto at which time all persons interested in the subject matter may be heard concerning the same, and for the purpose of taking such further action on the aforesaid matters as is authorized or required by law. Section 2. The Town Clerk is hereby directed to give notice of such public hearing by publishing a copy of this Order once in the Ithaca Journal, the official newspaper of said Town and by posting a copy thereof upon the signboard maintained by him pursuant to Section 30 of the Town Law and as required by the provisions of subdivision 3 of Section 209-q of the Town Law, Section 3. This order shall take effect immediately. The adoption of the foregoing order was duly put to a vote, and upon roll call, the vote was as follows; Walter J, Schwan, Supervisor - voting AYE Andrew W. McElwee, Councilman - voting AYE Noel Desch, Councilman - voting AYE Robert N. Powers, Councilman - voting AYE The Order was thereupon declared duly adopted. /tp/ - 5 - October 23, 1973 SCHEDULE "A" The proposed sewer improvements are to be constructed as shown on the aforesaid map? they are to be constructed generally in the Forest Home area and easterly part of the Slaterville Road area in the Town, the Coddington Road area south of its intersection with Troy Road, the Elm Street Extension area running westerly from the City line, and the Glenside Road area running southerly from the City line o ADJOURNMENT The meeting was adjourned at 6?05 pom. to November 8, 1973. Edward L. Bergen Town Clerk At a Special Jieeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Offices, 108 East Green Street in the City of Ithaca, New York on the 23rd day of October, 1973, at 5:00 o'clock P.M. The meeting was called to order by Walter B. Schv;an, and upon roll being called, there were PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Noel Desch, Councilman Robert N. Powers, Councilman ABSENT; Victor Del Rosso, Councilman The following resolution was offered by Supervisor Schwan, who moved its adoption, seconded by Councilman McElwee, to wit: BOND RESOLUTION DATED October 23, 1973. A RESOLUTION AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO THE TOWN OF ITHACA WATER SYSTEM CON SISTING OF THE CONSTRUCTION OF WATER MAINS, HOUSE SERVICES, HYDRANTS AND THE APPURTENANCES ON CODDING- TON ROAD, AS A TOWN WATER IMPROVEMENT AT A MAiJCIXlUM ESTIMATED COST OF $29,000 AND AUTHORIZING THE ISSU ANCE OF SERIAL BONDS OF THE 'TOm OF ITHACA, NOT EXCEEDING $29,000 TO PAY THE COST THEREOF. BE IT RESOLVED by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The construction of an addition to the Tovm of Ithaca Water System to be constructed and operated as a Town improvement pursuant to Section 209-q of the Town Law, consisting of water mains, hydrants, curb-boxes, and other appurtenances, lands and rights in land, on Coddington Road, in the Tovzn of Ithaca, Tompkins County, New York, to be known as Coddington Road Water Improvement Number One, if; hereby authorized at a maximum estimated cost of $29,000. Section 2. The plan for the financing of such maximuiii estimated cost consists of the issuance of Serial Bonds of said Town, not exceeding $29,000 in amount, which bonds are hereby authorized for such object or purpose. - 2 - Section 3^ It is hereby determined that (a) the period of probable usefulness of the aforesaid object or purpose is 40 years, pursuant to Section 11.00 of the Local Finance Law; (b) that the maximum maturity of the said bonds herein authorized will be in excess of five years; and (c) that pursuant to item (b) of subdivision 3 of paragraph (d) of Section 107 of the Local Finance Law, no down payment is required in connection with the issuance of the Serial Bonds herein authorized. Section 4. The faith and credit of the Town of Ithaca are pledged to the payment of the principal of these bonds and interest thereon when due. The aforesaid obligations will be paid from funds raised by assessments upon and collected from the lots and parcels in the benefited area in just proportion to the benefit conferred upon the same as determined by the Town Board. Section 5. Subject to the provisions of the Local Financ^ Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1. Such bonds are authorized for an object or purpose for which the Town of Ithaca, New York, is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substan tially complied with, and an action, suit or proceeding contest ing such validity, is commenced within twenty days after the date of such publication; or V- - 3 - 3, Such bonds are authorized in violation of the provisions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in the Ithaca Journal, the official newspaper of the Town of Ithaca. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Walter J. Schwan VOTING aye Andrew W. McElwee VOTING aye Noel Desch VOTING aye Robert N. Powers VOTING aye The resolution was thereupon declared duly adopted. - 4 - STATE OF NEW YORK ) ) SS: COUNTY OF TOMPKINS ) 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 resolution contained therein, held on the 23rd day of October, 1973, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 23rd day of October, 1973. Edward L. Bergen Town Clerk S E A- L