HomeMy WebLinkAboutTB Minutes 1977-03-14 TOW11 OF ITHACA
ADJOURNED BOARD MEE'TIOG
March 14 , 1977 12 ° 00 noon
At an Adjourned meeting ( from iiarch 7 , 1977 ) of the Town Board of
the Town of Ithaca , Tompkins County , TTew York , held at the Town of
Ithaca Offices at 126 East Seneca Street , Ithaca , McT. i b'orj3 , on the
14th day of t-larch , 1977 , at 12 ° 00 noon , there were
PRESENTr t;Talter Jo Schwan , Supervisor
Andreyi tide I•icFlc>>ee , Councilman
Noel • Desch , Councilman
Victor Del Rosso , Councilman
Robert IF. Powers . Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
ALSO PRESENT ° James V . Duyoucos , Tom Attorney
Lawrence P . Fabbroni , ToTr,m Engineer/Building
Inspector
Representatives of the 1.11.kedia
Odi ACA A611D COTPACT BEbTE A T OF ITp
LOZIER ENGINEERS , IrCQ am 5 ®AREA SET7.BR . PROJrCT
Mr . Fabbroni discussed with the Board, a ,proposed agreement
for engineering services between the Town of Ithaca and Lozier En-
gineers , Inc * in connection with the 5earea sewer project . There
was consi derable discussion of the fee for the construction phase
of the project , $ 130 , 000 ° This fee covers such items as assisting
the owner in obtaining bids for each se*�arate prime contract for
construction of equipments receiving and assisting otmer in tabulat -
ing and analyzing bids and making recommendations on the aware of
the construction contract , consulting with and advising the owner
as to the acceptability of substitute materials and equipment ° act-
ing as the owner ' s representative with duties and responsibilities
as described in the contract docur,.ientso
preparing and checking con-
struction drawings and shop drawings .n arranging for and reviewing
laboratory , shop and mill test of reports of materials and equipment °
preparing time table for each phase of construction ; exercising gen-
eral supervision over the work of contractorsn, notifying the owner
of work which does not conform to the contract documents , preparing
change orders ° receiving and transmitting to owner written guaran-
tees and other documentation assembled by contractors ; observing
initial operation of project and of performance tests required by
the specifications ,, making a final inspection of the facilities
and all work when the ?project is completedc conducting a review and
inspection of the project prior to expiration of the guarantee
periods provide field surveys for " Stake -omout " of the location of the
work ; preparing and providing owner one complete set of record draw-
ings on £ Iylara providing additional copies of plans , drawings and
specifications as owner may request ; Furnishing resident project
representatives at the site during construction ° preparing and fur -
nishing operating instructions and manual for the operation and
,,maintenance of the collection system and various lift stations , and
the training of Personnel and assistance in the operation of the
facilities during the guarantee period .
Of t'mis $ 130 , 000 , Mr . Fabbroni said that $ 125 , 000 is reirm�
bursable if the Town succeeds in getting the grant . It would seem
that if the project is built without benefit of the grant it would
be necessary to renegotiate the contract * The question was asked
whether the Town is bound by the contract should it not get the
grant . Mr . Fabbroni said the ToiAm can terminate it at any time
and pay the engineer for what he has done to that point * AX .
Buyoucos read that portion of the contract having to do with
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Town Board minutes - 2 March 14 , 1977
abandonment , change of plan and termination . He read particularly
the sections having to do with determining the value of the work per -
formed by the engineers , as followso
( a ) The ratio,,# of the amount of work performed by
the Engineer prior to the termination of ±he
Agreement to the total amount of work contemplated
by this Agreement .
( b ) The amount of the expense to which the Engineer
is put in performing the- work performed prior to
the termination , in proportion to the amount of
expense to which the Engineer . would have been put
had he been allowed to complete the total work con -
templated by the Agreement .
( c ) Any payments already made to , Eiigineer .
(d ) The quality and timeliness of the work performer
by the Engineers .
?Ar . Fabbroni noted that the °mean life of the project has
been estimated at eight months . That means it will take about eight
months to complete the job .
After the discussion the Board acted as follows .,
Potion by Councilman McElyneeP seconded y Councilman Powers ,
RESOLVED , that this Town Board hereby approves Agreement for Engi -
neering Services between Town of Ithaca , New York , and Lozier - Engi-
neers , Inc . in connection with Step I and II and III work on Project
C° 36 - 1104 , dated March 14 , 1977 , and authorizes the Supervisor of the
Town of Ithaca to execute same on behalf of the Town of Ithaca .
The question of the adoption of the resolution was out to
a roll call vote which resulted as follows * y
Councilman Del Rosso , voting Aye .
Councilwoman Raffensperger , voting Aye .
Councilman Powers , voting Aye .
Councilman Desch , voting Aye .
Councilwoman Valentino , voting Aye .
Supervisor Schwan , voting Aye .
Councilman McElwee , voting Aye .
Nay - none ,
The resolution was thereupon declared to be duly. adopted .
CONiDETM:RlATJ'OW OF EASBIPTNTS
5 -AREA SL[11ER PROJECT
Town Attorney Buyoucos read prepared draft of a resolution
having to do with condemnation of easements should such action be -
come necessary in connection with the 5 -area sewer project . Mr .
Buyoucos noted that by adopting such a resolution now , - it will be -
come part of the Town ' s certification with respect to easements not
obtained to date that the Town has the right to condemn and that the
property owners are not immune from such action .
Motion by Supervisor Schwanro seconded by Councilman Desch ,
(Federal funding portion being identified as EPA Project Control
No . C- 361104 -- St- : , cement of readiness to commence condemnation pros
ceedings , if any a required . )
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Town Board Minutes - 3 _ a2arch 14 , 1977
TIKEREAS , the Town of Ithaca is in the process of obtaining
all other easements , or other interests in land , required for the
purpose of constructing , operating and maintaining all necessary
facilities and appurtenances in connection with the above ?project ,
and the majority of such easements have either been duly executed
and delivered . to the Town by the owners of the proper v over which
such easements are to be obtained , or such owners have indicated
their willingness to execute such easements ,
NOt9I , THEREFORE # it is resolved as follows *
19 The Town Board indicates its intention that it will
authorize the commencement of any action which may be necessary
to obtain by condemnation an easement over any property which may
be required for the purpose of the above project .
2 . The Town Engineer will notify the Town Attorney and the
Town Board , in sufficient time for the purpose of the construction
of the project , as to which parcels require the commencement of such
an action of condemnation .
3 . In the meantime , the Town Engineer and the Toxin Attorney
are authorized , in consultation with the project engineers , to pro-
ceed with such . prelininary steps as may be required nrior to the
commencement of any such proceedings and to incur any expenditures
which may be required for title examination , s'ur' veys , appraisals , or
for other purposes reasonably required for the foregoing .
The question of the adoption of the foregoing resolution
was put to a roll call vote which resulted as follows *
Councilman Del Rosso , voting Aye .
Councilwoman Raffensperger , voting Aye ,
Councilman Powers , voting Aye .
Councilman McElwee , voting Aye .
Councilman Desch , voting Aye .
Councilwoman Valentino , . voting Aye .
Supervisor Schwan , voting Aye .
Nay - none .
The resolution was thereupon declared to be duly adopted . .
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Town Board P2inutes 4 - March 14 , 1977
5 -AREA SET^]ER PROJECT -
WASTE WATER FACILITY PLAN
FOR SA14ITARY SETTER COLLECTION
SYSTEM ( PROJECT C- 36 - 1104 )
Mr . Fabbroni said that it was necessary in connection with
the proposed 5 - area sewer project to adopt a resolution indicating
that the Town of Ithaca has accepted , after public hearing , the
waste water facility plan and the environmental impact assessment
with respect to the project . Tar . Fabbroni read draft of the pro -
posed resolution and the Board acted as follcws .a
Motion by Supervisor Schwan ,* seconded by Councilman HcElwee ,
WHEREAS , Lozier Engineers , Inc . has prepared a waste water
facility plan for the sanitary sewer collection system for the Town
of Ithaca , New York ( Project C - 36 - 1104 ) , and
IMEREAS , Lozier Engineers , Inc . has prepared an environ °
mental impact assessrme-at for the proposed local sewer construction
for the Town of Ithaca ( Project C - 36 ° 1104 ) , and
WHEREAS , both the facility plan and environmental impact
assessment have been reviewed by the Town Board of the Town of
Ithaca , and
WHEREAS , both the facility plan and the environmental impact
assessment were subjec-`ed to public scrutiny at the respective pub-
lic hearings held on :March 8 , 1977 without an_v adverse criticism or
change of substance of these reports ,
NOTU , THEREFORE , BE IT RESOLVED ,
That the Town Board of the Town of Ithaca accepts the waste
water facility plan and the environmental impact assessment and
hereby transmits these two reports for State and Federal review .
The question of the adoption of the foregoing resolution
was put to a roll call vote and resulted as follows °
Councilman Del Rosso , voting Aye .
Councilwoman Raffensperger , voting Aye .
Councilman Powers , voting Aye .
Councilwoman Valentino , voting Aye .
Supervisor Schwan , voting Aye .
Councilman r4cElwee , voting Aye .
Nay - none . -
Councilman Desch abstained from the voting because he
was not present at the public hearings on March 8 , 1977 .
The resolution was thereupon declared to be duly adopted .
ADJOURNMENT
The meeting was duly adjourned at le30 p . m .
�t
Edward L . Bergen
Town Clerk