HomeMy WebLinkAbout463007-001Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 9
Receipt No. 463007
DATE: 10/22/2004
Time: 09:56 AM
Document Type: MISC RECORDS
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*463007-001 *
Delivered By: TOWN OF ITHACA
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REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, OCTOBER 18, 2004
PUBLIC INTEREST ORDER
TB RESOLUTION NO. 2004-160: PUBLIC INTEREST ORDER AND RESOLUTION
AUTHORIZING THE INCREASE IN THE COSTS OF THE EXPANSION AND
RENOVATION OF THE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER
TREATMENT PLANT, AUTHORIZING THE INCREASED EXPENDITURE OF FUNDS
FOR SUCH PURPOSE, AUTHORIZING THE INCREASE IN THE AMOUNT OF JOINT
AND SEVERAL SERIAL BONDS TO BE ISSUED FOR A PORTION OF THE COSTS OF
SUCH PROJECT, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
AGREEMENT OF MUNICIPAL COOPERATION RELATING TO SUCH INCREASES.
At a meeting of the Town Board of the Town
of Ithaca, Tompkins County, held at the Town
Hall, 215 North Tioga Street, in the City of
Ithaca, New York, on the 18th day of October,
2004, at 5:30 o'clock p.m. prevailing time.
PRESENT: Supervisor Catherine Valentino
Councilperson Carolyn Grigorov
Councilperson William Lesser
Councilperson Will Burbank
Councilperson Sandra Gittelman
Councilperson Peter Stein
ABSENT: Councilperson Herbert Engman
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In the Matter of
the Proposed Water Improvement in the Town of Ithaca, PUBLIC INTEREST
Tompkins County, New York, pursuant to Article 12-C of ORDER AND BOND
the Town Law to be known as the SCLIWC 2003 RESOLUTION
Plant Expansion Project
-----------------------------------------------------------
WHEREAS, the Town Board of the Town of Ithaca, in conjunction with the Towns of
Dryden and Lansing and the Villages of Cayuga Heights and Lansing, has determined and agreed to
participate in the expansion and renovation of the Southern Cayuga Lake Intermunicipal Water
Commission ("SCLIWC") water treatment plant and to contract indebtedness therefor in accordance
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with Section 15 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal
cooperation for Construction, Financing and Operation of an Intermunicipal Water Supply and
Transmission System Relating to 2003 Plant Expansion Project dated as of July 7, 2003 (the
"Intermunicipal Agreement Supplement"); and
WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail
as this Board determines to be necessary, relating to the construction and equipping of a two-story
office and work space addition to the Southern Cayuga Lake Intermunicipal Water Commission
("SCLIWC") water treatment plant, pursuant to Article 5-G of the General Municipal Law and
relevant provisions of the Town Law and Village Law, such project to be known and identified as the
SCLIWC 2003 Plant Expansion Improvement, and hereinafter also referred to as "Improvement", to
provide expanded space in the water treatment plant owned in common by the Towns of Dryden,
Ithaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the
"Municipalities" and sometimes individually the "Municipality"), such improvement to be
constructed and owned by the Municipalities, and
WHEREAS, based upon said plan and report SCLIWC and the Municipalities authorized the
expenditure of $2,310,835 for the Improvement and authorized the issuance of joint and several
serial bonds in the amount of $1,000,000 to pay for part of the costs of said Improvement; and
WHEREAS, the bids for the Improvement received from the lowest responsible bidders for
each segment of the project were considerably higher than the estimates for same from the
Engineers; and
WHEREAS, as a result the Engineers for SCLIWC and SCLIWC itself have recommended
that the amount to be authorized for expenditure for the Improvement be increased by $289,165.00 to
cover the increased amounts of such bids and to provide a reasonable contingency for future
unanticipated expenses; and
WHEREAS, SCLIWC has also recommended that because of the increased costs and the
desire to possibly authorize other projects in the future that would utilize some of the surplus funds
that had initially been proposed for the Improvement, the amount of the bonds to be issued in
connection with the Improvement be increased by $500,000; and
WHEREAS, the proposed SCLIWC 2003 Plant Expansion Improvement consists of
construction of a 7616 square foot, two story office and work space addition on the east end of
the SCLIWC water treatment facility at 1402 East Shore Drive in the Village of Lansing and
renovation of 4332 square feet of existing office space to provide increased office space for
SCLIWC's Administration and Distribution personnel, workshops for SCLIWC's electrical and
mechanical technicians and production department personnel, handicapped accessibility, an
archive room for long term storage of SCLIWC's files and documents, an expansion of the
facilities laboratory to meet increased water quality monitoring requirements, and additional fire
suppression systems in the new and renovated areas of the facility; upgrading the HVAC systems
to bring them into compliance with current building codes; upgrading the north entrance to the
facility; and adding four additional parking spaces to accommodate the public, all as more
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particularly shown and described in said map, plan and report presently on file in the Office of
the Municipality Clerk; and
WHEREAS, the maximum now proposed to be expended for the aforesaid Improvement
is $2,600,000.00; and
WHEREAS, the proposed method of financing to be employed for the aforesaid
Improvement is issuance by the Municipalities of joint and several serial bonds not to exceed
$1,500,000 and payment of the balance of the costs of said Improvement by the expenditure of
current revenues and surplus funds held by SCLIWC; and
WHEREAS, a public hearing for the purpose of considering the increase in the maximum
amount authorized to be expended for the Improvement, the authorization of an increase in the
amount of serial bonds to be used for payment of part of the costs of the Improvement, and the
amendment of the existing Agreement of Intermunicipal Cooperation between the Municipalities
in relation to such increases related to the Improvement, and to hear all persons interested in the
subject thereof, was held on the 18`h day of October, 2004, all in accordance with applicable
provisions of General Municipal Law, Local Finance Law, and Town Law, at which time all
persons interested in the subject thereof were given an opportunity to be heard; and
WHEREAS, the authorization of the increase of costs of the project and the increase in
bonds as set forth herein is a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act, being routine or continuing agency administration and management and not
including new programs or major reordering of priorities that may affect he environment; and
WHEREAS, all other actions precedent to the financing of the capital project hereinafter
described have been performed; and
WHEREAS, it is now desired to authorize the increase in the maximum amount to be
expended for the SCLIWC 2003 Plant Expansion Project, the increase in the amount of bonds to
be issued in connection with the Improvement, and the execution of the Intermunicipal
Agreement Supplement authorizing such increases;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Ithaca,
conditional on the within resolution in substantially the same form being adopted, approved and
made effective by the other member municipalities of SCLIWC to the extent applicable to such
municipalities, as follows:
Section 1. It is hereby determined that it is in the public interest to make the water
improvement hereinafter described above at the increased maximum cost set forth herein,
and such water improvement is hereby authorized. The proposed area in the Town hereby
determined to be benefitted by said revised SCLIWC 2003 Plant Expansion Project with
respect to which the Town Board is authorized to act is all of the Town of Ithaca outside
of the Village of Cayuga Heights.
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Section 2. The Town of Ithaca hereby authorizes the expenditure of an additional
$289,165.00 for the previously authorized SCLIWC 2003 Plant Expansion Project
involving the construction of the improvements to the plant described above and the
payment of all costs incident thereto, including architects fees, consulting fees, attorneys
fees, bidding costs and any other related costs, all of said actions being hereinafter
collectively referred to as the 'Project", and all of said actions being authorized pursuant
to Articles 12, 12-A, and/or 12-C of the Town Law and Article 5-G of the General
Municipal Law.
Section 3. The Town of Ithaca hereby authorizes the Supervisor, on behalf of the
Town, to execute the Intermunicipal Agreement Supplement pursuant to which the Town
authorizes the increase in the costs of the SCLIWC 2003 Plant Expansion Project, the
increase in bonding, and reaffirms the delegation to SCLIWC and its officers and
Treasurer the authority to contract for and construct said Project, and to finance the same
in the manner set forth herein.
Section 4. The Town of Ithaca, subject to the approval of the voters of the Town
of Ithaca if a referendum is requested, hereby authorizes the expenditure of an additional
$289,165.00 for such SCLIWC 2003 Plant Expansion Project.
Section 5. The Town of Ithaca, subject to the approval of the voters of the Town
if a referendum is requested, hereby authorizes the issuance of an additional $500,000 of
joint and several serial bonds to pay for a portion of the cost of such Project, pursuant to
the Local Finance Law and Article 5-G of the General Municipal Law.
Section 6. $2,600,000 is now estimated as the maximum cost for Project.
Section 7. The plan for the financing of the Project is amended, and as so
amended is hereby authorized, to consist of
(a) The issuance of General Obligation Joint and Several Serial Bonds
of the Municipalities in the principal sum of not more than $1,500,000.00, to be
issued pursuant to the Local Finance Law and the General Municipal Law for a
portion of the costs of the Project; and
(b) Payment from budgeted revenues and from surplus funds of
SCLIWC of the balance of the remaining costs of such Improvement.
Section 8. For the purposes of Section 15.10 of the Local Finance Law relating to
the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned
and allocated to each of said Towns and Villages shall be in the same proportion as the
consumption of water from the SCLIWC facility in each of the Towns of Dryden, Ithaca,
and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total
consumption of water from the SCLIWC water distribution facility, which is estimated to
be, and for the purposes of determining gross indebtedness of each of said municipalities
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in their respective debt statements pursuant to Section 15.10 of the Local Finance Law
and therefore the amount to be allocated for the purpose of ascertaining each of the
municipalities debt contracting powers shall be, as follows:
MUNICIPALITY PERCENTAGE OF DEBT
ALLOCATED PORTION OF DEBT
Town of Dryden
4.577
$ 68,655.00
Town of Ithaca
44.031
$660,465.00
Town of Lansing
18.186
$272,790.00
Village of Lansing
21.941
$329,115.00
Village of Cayuga Heights
11.265
$168,975.00
Nothing in this section shall be deemed to be in conflict with or to supercede the
provisions of this resolution hereinafter set forth relating to the annual apportionment of
the amount of principal and interest on the bonds herein authorized to be issued as among
said Towns and said Villages, nor the manner of collection and payment of the amounts
of annual debt serviced provided to be apportioned annually by said provisions. The
Supervisors of said Towns and the Treasurers of said Villages are hereby authorized and
directed to act jointly to make application to the State Comptroller as appropriate for the
allocation and apportionment of said joint indebtedness in accordance with the provisions
of this section and to perform all acts and furnish all information required in connection
with such application.
Section 9. It is hereby determined that the period of probable usefulness of the
aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1 of Paragraph
a of Section 11.00 of the Local Finance Law. It is further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 10. The full faith and credit of said Town of Dryden, said Town of Ithaca,
said Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of
Tompkins County, New York, are hereby jointly pledged for the payment of the principal
of and interest on said bonds as the same respectively become due and payable. The
principal of and interest on said joint bonds shall be apportioned annually among said
Towns and said Villages in accordance with the Intermunicipal Agreement Supplement
hereinabove referred to, in the ratio which the consumption of water from the SCLIWC
system in each of said municipalities bears to the full consumption from the entire
SCLIWC water distribution system, such ratio to be annually determined in accordance
with the aforesaid Intermunicipal Agreement Supplement, the share of said principal and
interest to be borne by the aforesaid Towns, shall be annually assessed, levied and
collected within said Towns as follows:
(a) From the several lots and parcels of land in each of the water districts in the
Town of Dryden and in the Town of Lansing, in the manner provided by law.
(b) From the several lots and parcels in the Town of Ithaca Town -wide water
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improvement area, in the manner provided by law.
The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the
share of said principal and interest to be borne by said Village, as the same may become
due and payable, and the Village of Lansing shall annually levy and collect a tax
sufficient to pay the share of said principal and interest to be borne by said Village, as the
same may become due and payable.
If not paid from the aforesaid sources, all the taxable real property in said Town of
Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real
property in said Town of Lansing and all the taxable real property in said Village of
Cayuga Heights, and all the taxable real property in said Village of Lansing shall be
jointly subject to the levy of an ad valorem tax, without limitation as to the rate or
amount, sufficient to pay the principal of and interest on said bonds as the same become
due and payable.
Section 11. Subject to the provisions of the Local Finance Law and this section,
the power to authorize the issuance of and to sell joint bond anticipation notes in
anticipation of the issuance and sale of the joint serial bonds herein authorized, including
renewals of such notes, is hereby delegated to the Supervisor of the Town of Ithaca, the
Chief Fiscal Officer of said Town, acting on behalf of the chief fiscal officers of the
Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing. Such
joint bond anticipation notes shall be of such terms, form and contents, and shall be sold
in such manner as may be prescribed by a bond anticipation note certificate, as authorized
by Section 30.00 of the Local Finance Law; provided, however, that any bond
anticipation notes so issued shall be the joint indebtedness of said Towns and said
Villages and shall be executed in the names of Town of Dryden, the Town of Ithaca, the
Town of Lansing, the Village of Cayuga Heights and the Village of Lansing, and shall be
signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have
affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town,
shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall
have affixed thereto the seal of the Town of Ithaca attested by the Town Clerk of said
Town said Supervisor, shall be signed by the Supervisor of the Town of Lansing on
behalf of said Town and shall have affixed thereto the seal of the Town of Lansing,
attested by the Town Clerk of said Town, shall be signed by the Treasurer of the Village
of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the
Village of Cayuga Heights, attested by the Village Clerk of said Village, and shall be
signed by the Treasurer of the Village of Lansing on behalf of said Village and shall have
affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said
Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the
power to authorize the issuance of and to sell such joint bond anticipation notes, shall file
an executed copy of each such bond anticipation note certificate with the finance board of
each of the aforesaid municipalities prior to the issuance of the bond anticipation note or
notes authorized by such certificate.
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Section 12. The validity of such joint serial bonds and joint bond anticipation
notes may be contested only if:
1. Such joint bonds are authorized for an objector purchase for which said Towns
or said Villages are 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 20 days
after the date of publication, or
3. Such joint bonds are authorized in violation of the provision of the
Constitution.
Section 13. Upon the adoption of this resolution by each of the aforesaid Towns
and the aforesaid Villages, and the publication thereof with the notice provided for herein,
the Clerks of each such Town and each such Village shall file with the Clerk of each of
the other Towns and of the Villages, a certified copy of this resolution and a printer's
affidavit or affidavits , as the case may be, of publication thereof with the required
noticed or notices, as the case may be.
Section 14. Pursuant to Section 15.00(m) of the Local Finance Law, the powers
and duties of advertising such joint bonds for sale, conducting the sale and awarding the
bonds, are hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County,
New York, who on her own behalf and on behalf of the chief fiscal officers of the Towns
of Dryden and Lansing and the Villages of Cayuga Heights and Lansing, shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as she shall
deem best for the interests of the aforesaid Towns and Villages, provided, however, that
in the exercise of these delegated powers, she shall comply fully with the provisions of
the Local Finance Law and any order or rule of the State Comptroller applicable to the
sale of municipal bonds. The receipt of said Supervisor shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 15. All other matters, except as provided herein relating to such joint
bonds, including determining whether to issue such joint serial bonds having substantially
level or declining debt service and all matters related thereto, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds, the date, denominations,
maturities and interest payment dates, place or places of payment, shall be determined by
said Supervisor on behalf of the chief fiscal officers of the Towns of Dryden, Ithaca, and
Lansing, and the Villages of Cayuga Heights and Lansing. It is hereby determined that it
is to the financial advantage of the issuers not to impose and collect from registered
owners of such serial bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of
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Section 70.00 of the Local Finance Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially the recital of validity clause provided
for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by Section 52.00 of the Local Finance
Law, as the said Town Supervisor shall determine. Said bonds shall be signed in the
name of each Town and Village by the manual signature of each respective chief fiscal
officer and a facsimile or original of the corporate seal of each Town and Village shall be
imprinted thereon and shall be attested by the manual signatures of each respective Town
or Village Clerk.
Section 16. Pursuant to Local Finance Law Section 15, the Supervisor of the
Town of Ithaca is designated as the chief fiscal officer to maintain the records relating to
the joint bonds, the paying agent on the bonds, and the registration agent if she does not
appoint such an agent pursuant to the authority granted elsewhere in this resolution.
Section 17. Any obligation issued under authority of this resolution shall contain
on it's face a recital in substantially the following form: "This obligation evidences the
joint indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of
Dryden, Tompkins County, New York, the Town of Lansing, Tompkins County, New
York, the Village of Cayuga Heights, Tompkins County, New York, and the Village of
Lansing, Tompkins County, New York."
Section 18. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-1. Other than as specified in this
resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long-
term basis, or otherwise set aside with respect to the permanent funding of the object or
purpose described herein.
Section 19. SCLIWC is hereby authorized to pay, out of unreserved surplus, the
costs of the SCLIWC 2003 Plant Expansion Project in excess of the bond proceeds
authorized by this resolution, provided, however, the maximum cost of said project does
not exceed the maximum authorized in this resolution.
Section 20. It is hereby determined that the Town's share of the estimated
expense of the aforesaid improvement does not exceed 1/1 Oth of 1% of the full valuation
of the taxable real property in the area of said Town outside of Villages and, therefore, in
accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the
permission of the State Comptroller is not required for such improvement.
Section 21. Within 10 days after the adoption of this resolution by the Town
Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish
a notice which shall set forth the date of the adoption of this resolution and contain a copy
of this resolution, or an abstract of this resolution concisely stating the purpose and effect
thereof. Such notice shall specify that such resolution was adopted subject to a
permissive referendum.
Page 8 of 9
Section 22. If no referendum is requested, or if requested, a referendum is held
and the referendum approves the resolution, this resolution, or a summary thereof, shall
be published by the Town Clerk of the Town of Ithaca, together with a notice in
substantially the form prescribed, and containing the information required, by Section
81.00 of said Local Finance Law, such publication to be in the Ithaca Journal, a
newspaper published in the City of Ithaca and having a general circulation within such
Town.
Section 23. This resolution shall take effect immediately, unless a referendum is
requested, in which event it shall take effect, if approved at such referendum, upon such
approval.
Section 24. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the
Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to
be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the
County of Tompkins, which when so recorded, shall be presumptive evidence of the
regularity of the proceedings and action taken by the Town Board in relation to the
aforesaid improvement.
Section 25. This resolution is adopted subject to a permissive referendum
pursuant to Town Law Article 12, 12-A and/or Article 12-C, and Local Finance Law
Section 35.
The question of adoption of the foregoing resolution was, upon motion made by
Supervisor Valentino and seconded by Councilman Lesser, duly put to a vote on a roll call,
which resulted as follows:
Supervisor Valentino
Voting Ave
Councilperson Grigorov
Voting Ave
Councilperson Lesser
Voting Ave
Councilperson Burbank
Voting Ave
Councilperson Gittelman
Voting Ave
Councilperson Stein
Voting Ave
The resolution was thereupon duly adopted.
I HEREBY CERTIFY it tAI 1 HL FOREGOING IS A
TRUE COPY OF A RESOLUTION ADOPTED BY THE
TOWN BOARD OF THE TOWN OF ITHACA, TOMPKINSCOI,INTY NEW YORK, ON THE ,Q �"i\
DAY OF �e, - 20-g�_ AND IS
THE HO OF THE SAME. 7
f v � � aaa�`ed 2 �— Date T Deputy Town Clerk
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