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Home My WebLink AboutTB Minutes 2004-03-01 March 1 , 2004 Special Town Board Meeting Approved April 12, 2004 SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY , MARCH 1 , 2004 AT 3 : 15 PM 215 NORTH TIOGA STREET, ITHACA, NEW YORK PRESENT : Catherine Valentino , Supervisor; Carolyn Grigorov , Councilwoman ; Bill Lesser, Councilman ; Herb Engman ; Councilman ; Sandra Gittelman , Councilwoman ; Peter Stein , Councilman ; Carrie Coates Whitmore , Deputy Town Clerk ; John Barney , Attorney for the Town . OTHERS : None present . CALL TO ORDER : The meeting was called to order at 3 : 25 p . m . and Supervisor Valentino led the assemblage in the Pledge of Allegiance . Supervisor Valentino stated the reason for the special meeting was to quickly take care of housekeeping items . Setting a Public Hearing for the Rezoning of the Overlook at West Hill Project { After brief discussion , the public . hearing was set for Monday , March 15 , 2004 at 7 : 10 p . m . : . Supervisor Valentino explained that a super- majority was not needed , but the board did need to , t have a simple- majority present at meeting . TB RESOLUTION NO. 2004-035:, RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE AND MAP REZONING A PORTION OF TAX PARCEL NO. 24-0444.2 LOCATED ON N. Y. S. ROUTE 96 FROM RESIDENCE DISTRICT R- 15 TO MULTIPLE RESIDENCE DISTRICT (Overlook at West Hill). RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the Town Hall, 215 North Tioga Street, Ithaca, New York, on the 15th day of March, 2004, at 7: 10 p. m. for the purpose considering a local law amending the Town of Ithaca zoning ordinance and map rezoning a portion of tax parcel no. 24-04- 14 . 2 located on N. Y. S. Route 96 from Residence District R- 15 to Multiple Residence District; and it is further RESOLVED, that at such time and place all persons interested in such local law may be heard concerning the same; 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 published in the City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before the day designated above for the public hearing. MOVED: Councilwoman Grigorov SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman Gittelman, aye; Councilman Stein, aye; Councilman Engman, aye . Town Board Minutes of March 1 , 2004 APPROVED APRIL 12, 2004 Setting a Special Town Board Meeting Date TB RESOLUTION NO. 2004-036: Setting Special Town Board Meeting Date, March 15, 2004 RESOLVED, that the Ithaca Town Board hereby sets a Special Town Board Meeting for Monday, March 1 ,5, 2004 beginning at 5:30 p. m. MOVED: Supervisor Valentino SECONDED: Councilman Lesser VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye; Councilwoman Gittelman, aye; Councilman Stein, aye; Councilman Engman, aye. Order for Public Hearing : Proposed Phosphorus Removal Project (Attachment # 1 — Memo from D. Walker re Phosphorus Removal Project) Supervisor Valentino explained the State Comptroller ruled that the project needed to be re-bid . The resolution is to set a public hearing on March 15 , 2004 at 7 : 00 p . m . for the purpose o approving expenditures for the phosphorus removal project not to exceed $2 , 250 , 000 . The Towr '- included a ten percent contingency to the figure provided by the City . Supervisor Valentino fe that the City should be able to bring the project in under this cost and if they are not able to ther :; the Town might have to rethink the project . She was hopeful that the City would get a decent bid , TB RESOLUTION NO. 2004-037: ORDER FOR PUBLIC HEARING: IN 'THE MATTER C. AUTHORIZING THE INCREASE IN COSTS OF PROVIDING A PROPOSED PHOSPHORUS REMOVAL PROJECT FOR THE SEWAGE TREATMENT PLANT IN THE CITY OF ITHACA SERVING THE TOWN OF ITHACA PURSUANT TO ARTICLE 12-C OF THE TOWN LAW. At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County, New York, held at 215 North Tioga Street, in Ithaca, New York, on the 1st day of March, 2004, at 3: ' 5 o 'clock P. M. Prevailing Time. PRESENT., Supervisor Catherine Valentino Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Sandra Gittelman Councilperson Herbert Engman Councilperson Peter Stein ABSENT., Councilperson Will Burbank WHEREAS, the Town Board of the Town of Ithaca on April 8, 2002, authorized, subject to a permissive referendum, the expenditure of up to $ 1 , 681 , 800. 50, as the Town 's share of the jointly funded project cost of $4, 115, 000. 00 for the construction and equipping of the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project at the sewage treatment 2 Town Board Minutes of March 1 , 2004 APPROVED APRIL 12, 2004 plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for the Town- wide sewer improvement; and WHEREAS, thereafter on September 22, 2003, the Town Board authorized, again subject to a permissive referendum, an increase in the total project cost of $333. 500 and an increase in the Town 's share of $ 136, 301 . 45 as a result of the receipt of bids in amounts in excess of the previously budgeted construction costs; and WHEREAS, no referendum was requested with respect to either of said authorizations; and WHEREAS, after receipt of the bids, the Town was unwilling to contract for the project until the State of New York provided adequate evidence of the funds it was going to provide for the project, which evidence was not received until after the 45 day period in which the bids needed to be accepted, and WHEREAS, the lowest responsible bidder is unwilling now to execute a contract at its bid price and it has become necessary to rebid the project; and WHEREAS, the Engineering reports and estimates indicate there is a need to further increase the overall project estimate by $ 1 , 057, 672 to a total cost of $5, 506, 172 to cover anticipated additional costs and contingencies resulting from the re-bidding; and WHEREAS, as a result of the increase in the overall cost of the project, the Town 's share of such costs would increase by $431 , 898. 05 to a total cost of $2, 2_ 50, 000. 00; and WHEREAS, a supplement to the plan, report and map prepared by Stearns and Wheler, Professional Engineers, relating to the increase in the cost of such improvement, has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, and has been filed in the office of the Town Clerk where it is available for public inspection, and a further supplement to such Stearns and Wheler report has been similarly prepared and filed by Daniel Walker, Professional Engineer, setting forth further information pertaining to such increase; and, WHEREAS, the area of said Town determined to be benefited by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, it is now desired to call a public hearing for the purpose of considering said increase in costs of providing the said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and the execution of any related agreement, and to hear all persons interested in the subject thereof, 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: 3 Town Board Minutes of March 1 , 2004 APPROVED APRIL 12, 2004 Section 1 . A public hearing will be held at 215 North Tioga Street, in said Town, on the mom 15th day of March, 2004, at 7:00 o 'clock P. M. , to consider the proposed increase in the costs of providing said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Councilperson Stein, seconded by Councilperson Grigorov, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino, aye; Councilperson Grigorov, aye; Councilperson Lesser, ay(.,,, Councilperson Gittelman, aye; Councilperson Engman, aye; Councilperson Stein, aye. The order was thereupon declared duly adopted. Adjournment Upon motion by Councilwoman Gittelman , the meeting was adjourned at 3 : 32 p . m . Respectfully submitted , Carrie Coates Whitmore Deputy Town Clerk NEXT REGULAR MEETING — March 8 , 2004 4 March 1 , 2004 Special Town Board Meeting ATTACHMENT # 1 Ithaca Area Wastewater Treatment plant Tertiary phosphorus Removal Upgrade Town of Ithaca Supplement To the December 2001 Stearns & Wheler Engineering Report March 1 , 2004 The original bid proposals for the Phosphorus Removal Upgrade were received on and opened on August 19 , 2003 exceeded the original Engineer ' s Estimate and also exceeded the approved project budget of $4 , 115 ,000 . 00 . The Town Board on September 8 , 2003 approved an amended budget of $4 ,448 , 500 . 00 , which increased the Town of Ithaca total share of the cost by $ 136 ,097 . 00 to $ 1 , 817 , 897 . 60 . The Town Board authorized the increase in project cost by resolution on September 22 , 2003 with the condition that the project contract documents were not .to be executed until the Town of Ithaca received a copy of the signed contract with NYSDEC for bond act funding in the amount of $2 , 775 ,000 . The Town of Ithaca did not receive this document until February 2004 . At that time the 45 -day contract award period for the construction contracts had expired, and the contractors were not required to honor the original bid prices requiring the re-biding of the project. The original Engineer ' s estimate prepared in 2001 was now out of date, requiring an update of the estimated cost. The revised project cost is shown in the following table : Total Revised Project Budget- Tertiary Phosphorus Removal Upgrade 2 -26-2004 Contract 1 General Construction $ 35600,000 Contract 2 Electrical and Instrumentation $ 4105000 Contract 3 Heating, Ventilating, and Plumbing $ 1201000 Contingency (5 % of construction Contracts) $ 210 ,000 Fiscal, Legal, and Engineering $ 635 , 000 TOTAL REVISED PROJECT COST $ 4,975,000 Because the construction process on a project of this type (new treatment process and building modification) often has unexpected costs the Town Engineer has recommended that an additional 10% contingency be added on to the project cost to minimize the need for a future funding increase . This would result in a maximum project budget of $ 5 , 506 , 172 . 00 . The following Table shows the project budget and distribution of costs among the partners . Ithaca Area Waste Water. Treatment Plant Tertiary Phosphorus Removal Project Project Funding analysis 3/1 /2004 DRW 2/26/2004 Project Total S &W estimate $4 , 975 , 000 . 00 NYSDEC Bond Act Funding $2 , 775 , 000 . 00 Local Cost $2 , 200 , 000 .00 Partner Shares Local Cost Project cost Authorization Limit City of Ithaca . 57 . 15% $ 1 , 257 , 300 . 00 $29843 , 212 . 50 $31147 , 147 . 00 Town of Ithaca 40 . 87% $899 , 140 . 00 $27033 , 282 . 50 $27250 ,000 . 00 Town of Dryden 1 . 98% $43 , 560 . 00 $98 , 505 . 00 $ 109 , 025 . 00 TOTAL $2 , 200 , 000 . 00 $4 , 975 , 000 . 00 $5 , 506 , 172 . 00 1