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HomeMy WebLinkAboutTB Minutes 1979-10-30 rb TOWN OF ITHACA TOWN BOARD MEETING October 30 , 1979 - 12 : 00 noon At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held on the 30th day of October , 1979 , at 12 : 00 o ' clock noon , at the Town Offices at 126 East Seneca Street , Ithaca , New York , there were PRESENT : Noel Desch , Supervisor Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman George Kugler , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney John C . Barney , ( Buyoucos & Barney ) Lawrence P . Fabbroni , Town Engineer Representative of the Media : Marcia Lynch , WTKO ABSENT . Andrew W . McElwee , Councilman Victor Del Rosso , Councilman PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . SEWER PROJECT - WEST HAVEN ROAD , VALLEY VIEW ROAD , AND SLATERVILLE ROAD 0 Mr . Fabbroni reported that a base bid of $ 60 , 106 had been submitted by one of ten contractors to do all the project except Slaterville Road . Based on that bid , he said , it is recommended that the Slaterville Road portion be done together with an additional 100 feet on West Haven Road . This would bring the cost of the project to $ 67 , 875 . Supervisor Desch noted that when the budget for the project was put together , it was estimated that the job would cost $ 80 , 000 . Therefore , " we are extremely pleased with this bid . " Mr . Fabbroni said the $ 67 , 875 includes everything . engineering , etc . He said that by adding to the project it does not change the relative position of any of the bidders because the unit price submitted by the low bidder was the low unit price as well . ® Supervisor Desch said it is important to get the pipes in the ground before it freezes and to adopt a resolution of award contingent upon , a review of the documents by the Town Attorney . ® Mr . Buyoucos expressed considerable concern over moving too quickly in this matter . He felt that the proposed resolution of award had to be re -worded ; that Lozier Engineers ' letter of October 26 is ambiguous in identifying the low bid as such ; that Lozier has not unequivocally approved the bid , but asks the Town Attorney to examine the bid . He said that once the Board adopts the resolution of award , there is really nothing for the Town Attorney to review . He said once the Town has adopted the resolu - tion it has entered into a contract and could be sued for damages . Mr . Buyoucos felt the Town should not adopt the resolution of award until after his review of the documents and the proposed contract . He said that once the Board adopts the resolution of award , his function is limited to making sure of proper insurance , execution Town Board Minutes - 2 - October 30 , 1979 of the contract by the proper parties , and certification of proper entity , that is , corporation , partnership , or individual . He said the Board could proceed contingent upon his legal review , but then that would not be an unequivocal award . Mr . Barney noted that at this moment the Board could reject the bid , but once the resolution is adopted the Board has said it cannot effectively change the con - tract . Mr . Buyoucos asked if the Board members were prepared to say the contracting company is financially responsible . Super - visor Desch said this was not a fair question . Mr . Buyoucos said that the Engineers have sidestepped this issue . He said normally the Engineers say they find the contractor satisfactory , but that they have backed off from this responsibility in their letter of October 26 . They have not unequivocally said they recommend the contractor . Mr . Buyoucos re -worded the resolution for the protection of the Town , but concluded that the Board or the Town might pay a price for its desire to act so quickly . The Board received Mr . Buyoucos ' opinion . Supervisor Desch said the Board looked to the Engineer only for the validity of the bid in terms of completeness and the qualification of the contractor . He said there is no mystique and no qualifications that have to be made . He said the process seems to be straightforward and that he did not understand why Mr . Buyoucos was so concerned . He said the Board only wanted to receive his opinion of the legal aspects of the bid , not the " numbers . " He said that the Board would only be authorizing the award pending the completion of Mr . Buyoucos ' legal review . Supervisor Desch said that the resolution , as re -worded by Mr . Buyoucos , appeared to be satisfactory . He said , further , that he accepted the fact that the contract is entered into when the Board adopts the resolution . After the discussion , the Board acted as follows . RESOLUTION NO . 209 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Valentino , RESOLVED . WHEREAS , on October 23 , 1979 bids were received for the construction of sanitary sewer extensions for the West Haven Road , Valley View Road , and Slaterville Road , for the Town of Ithaca , New York , and WHEREAS , the Town Board has carefully considered the Engineers ' Report on these bids and has adopted a budget for said • project ; NOW , THEREFORE , BE IT RESOLVED , that the award be made of contracts for construction to Stan Payne Construction Company , Inc . . for the contract sum of $ 67 , 8751 as submitted in the bids and con - tract documents , and that the Supervisor be authorized to . execute the documents but subject to the following contingencies . This resolution is subject to compliance by the Contractor furnishing all . information , documents , and other items required by the bid and contract documents to the satis - faction of the Town ' s representatives and subject , further , to proper execution of all required documents by the Con - tractor and by the Town Supervisor , and further subject to compliance by all the aforesaid documents with all provisions of law which pertain to or which are required by the laws of New York to be included in the contract documents . ( Powers , Valentino , Kugler , Raffensperger , and Desch voting Aye . Nays - none ) Town Board Minutes - 3 - October 30 , 1979 EASTWOOD COMMONS - LETTER OF CREDIT Mr . Fabbroni reported that Mr . Norbert Schickel would like to transfer the letter of credit in the amount of $ 1 , 000 which he has with the Town to a portion of road outlined in red on map of R . James Stockwin ( copy of said map attached to the master copy of these minutes ) . RESOLUTION N0 . 210 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that in accordance with the agreement between the Town of Ithaca and Eastwood Commons Development Company dated October 30 , 1979 wherein Eastwood Commons requested the Town to accept a deed , for Town highway purposes , and upon said agreement being found accept - able . by the Town Attorney , the Town of Ithaca hereby accepts deed of Eastwood Commons for the portion of road outlined in red on map of R . James Stockwin , L . S . , dated October 26 , 1978 ( said map being attached to the master copy of these minutes ) . Further that the Town of Ithaca releases $ 1 , 000 of the amount _ . previously posted as security for the completion of the said roads in accordance with the agreement of August 28 , 1974 between the parties and hereby applies the said $ 1 , 000 as security for the completion of that portion of road outlined in red on the Stockwin map , as above . ( Kugler , Powers , Valentino , and Desch voting Aye . Nays - none ) SALT STORAGE FACILITY Mr . Fabbroni reported that the Town will build the salt storage facility . It will be a pole barn building . He requested authorization to proceed immediately with the bidding on materials . RESOLUTION NO . 211 , 1979 Motion by Councilman Powers ; seconded by Councilman Kugler , RESOLVED , that the Town Engineer be authorized to advertise for bids on materials , such as roof trusses , required in the construc - tion of a pole barn facility . ( Powers , Valentino , Kugler and Desch voting Aye . Nays - none ) SEWER SYSTEM EVALUATION SURVEY Supervisor Desch reported that at the meeting last week . of the Sewer System Planning Committee they discussed what steps ® the governing bodies need to consider as they move into the formal review stage of the preliminary design . He said the so - called " facilities plan " which is basically the preliminary design and the engineering requires the development of five treatment alterna - tives . This plan is in draft form and there will be an informal review session opin to the public sometime in late November . Follow- ing the comments received at that meeting , a formal public hearing will be required sometime in December as part of the review process . The presentation process by the Engineer involves the matter of . economic and environmental aspects of the treatment alternatives . Supervisor Desch said it makes sense at this time to determine what agency will be responsible for the processing and implementation of SEAR . The SEQR law makes provision for lead agency status on the part of the body having the policy jurisdiction over the particular operation . In this case , the City of Ithaca Board of Public Works is the body . If it turns out that it becomes a joint ownership proposition from an opera - tional standpoint , the Town will have some responsibility in terms Town Board Minutes - 4 - October 30 , 19-79 of the environmental impact . He said the City of Ithaca should be the lead agency . Supervisor Desch proposed that the Town Board adopt a resolution endorsing the designation of the City of Ithaca Board of Public Works as the lead agency . A formal resolution will have to be adopted by the City . The resolution on the part of the Town Board of the Town of Ithaca would be a resolution of concurrence more than anything else . ( It might be called " pre - concurrence " ) . After this brief summary of the situation , the Board acted as follows : RESOLUTION NO . 212 , 1979 Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that the Town Board of the Town of Ithaca hereby endorses the designation of the City of Ithaca Board of Public Works ' Water and Sewer Committee as the lead agency for purposes of carrying out the New York State Environmental Quality Review Act ( SEQR ) requirements . of Project # C - 36 - 1095 for which the Sewer System Planning Committee has been charged with planning for the construction , operation , and maintenance . ( Powers , Valentino , Kugler and Desch voting Aye . Nays - none ) NEW IVAR JONSON SUBDIVISION Mr . Buyoucos noted that in the past the Town of Ithaca has accepted deeds from contractors or developers to land before the work contracted for has been c ompleted . The Town has accepted a letter of credit as a guarantee . Mr . Buyoucos recommended at this time that a new procedure be adopted . First , the Town will comply with the law which says that no building permit will be issued unless the building has access to a public street or a security has been furnished . The Town will now require that the contractor or developer furnish the Town with a letter of credit or the security and then sign an agreement with respect to the completion of the road or street . Further , a deed will be accepted by the Town " in escrow " . Title to the street or road will not be accepted immediate - ly . If it becomes necessary for the Town to exercise its rights to complete the street by using the security money ( or letter of credit ) , then , at that time , the Town will accept a deed of record . Under this method or procedure the Town is not the owner of an uncompleted street , is relieved of liability , and puts the onus where it belongs - - on the property owner and the developer . It will relieve the Town of receiving calls from Town residents complaining of the con - dition of the road . Mr . Buyoucos recommended that the Town Board adopt a resolution implementing this procedure with respect to the Ivar Jonson Homes , Inc . RESOLUTION NO . 213 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the Supervisor of the Town of Ithaca is hereby authorized to enter into an agreement on behalf of the Town of Ithaca with Jonson Homes , Inc . and Ivar Jonson individually , owner of land off Texas Lane Extension , being nine ( 9 ) lots fronting on Town Board Minutes - 5 - October 30 , 1979 Lisa Lane ( Tax Map Parcel # 71 - 1 - 9 ) , subject to compliance by Jonson with the terms and provisions contained in the said agreement dated October 30 , 1979 , and that the resolution dated October 1 , 1979 ( Resolution No . 200 , 1979 ) is hereby rescinded . ( Kugler , Valentino , Powers , and Desch voting Aye . Nays - none ) ADJOURNMENT ® The meeting was duly adjourned . ® Ed d L . Bergen Town Clerk