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HomeMy WebLinkAboutTB Minutes 2007-06-27 Special Meeting of the Ithaca Town Board Wednesday , June 27 , 2007 at 5 : 30 p . m . 215 North Tioga Street, Ithaca , New York AGENDA 1 . Call to order 2 . Pledge of Allegiance 3 . 5 : 30 p . m . — Public Hearing regarding the proposed Trumansburg Road watermain improvement project 4 . SEQR — regarding the proposed Trumansburg Road watermain improvement project 5 . Consider approval of Trumansburg Road watermain improvement project public interest order and authorization to go out to bid 6 . 5 : 35 p . m . — Public hearing regarding the proposed Hanshaw Road watermain improvement project 7 . SEQR — regarding the proposed Hanshaw Road watermain improvement project 8 . Consider approval of Hanshaw Road watermain improvement project public interest order and authorization to go out to bid 9 . Consider Adjournment June 27, 2007 Special Meeting of the Ithaca Town Board Special Meeting of the Ithaca Town Board Wednesday , June 27 , 2007 at 5 : 30 p . m . 215 N . Tioga Street, Ithaca , New York THOSE PRESENT : Supervisor Valentino , Councilwoman Gittelman ; Councilman Engman ; Councilman Stein ; Councilman Cowie ; Councilwoman Leary OTHERS PRESENT : Tee-Ann Hunter, Town Clerk ; Creig Hebdon , Town Engineer EXCUSED : Councilman Burbank CALL TO ORDER The meeting was called to order at 5 : 30 p . m . Agenda Item No . 3 — Public Hearing regarding the proposed Trumansburg Road watermain improvement Supervisor Valentino opened the public hearing at 5 : 30 p . m . There was no one present to address the Board and Supervisor Valentino closed the public hearing at 5 : 31 p . m . and brought the matter back to the Board . Agenda Item No . 4 — SEQR — regarding the proposed Trumansburg Road watermain improvement project Councilman Stein moved the declaration of negative environmental impact and Councilwoman Gittelman seconded the motion . TB RESOLUTION NO . 2007 - 111 : DECLARATION OF NEGATIVE ENVIRONMENTAL IMPACT OF TRUMAMSBURG ROAD WATER IMPROVEMENT PROJECT FUNDING RESOLUTION : In the Matter of the Proposed Water Improvement in the Town of Ithaca , Tompkins County, New York , pursuant to Town Law to be known as the Town of Ithaca Trumansburg Road Water Main Improvement (the "Water Improvement" ) Attachment # 1 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 27th day of June , 2007 , at 5 : 30 o'clock p . m . prevailing time . PRESENT : Supervisor Catherine Valentino Councilperson Sandy Gittelman Councilperson Herb Engman Councilperson Peter Stein Councilperson Jeff Cowie Councilperson Patricia Leary ABSENT : Councilman Burbank 1 June 27, 2007 Special Meeting of the Ithaca Town Board WHEREAS , the matter of the Water Improvement above- referenced has been declared to be subject to SEQRA review under the Environmental Conservation Law and the SEQRA Regulations (6 NYCRR Part 617) ; and WHEREAS , the Town Board has determined that the action is subject to review as an Unlisted Action pursuant to 6 NYCRR Part 617 . 2 (ak) ; and WHEREAS the Town Board declared its intent to act as lead agency for the environmental review of the project , and in furtherance thereof, the Town Board has undertaken , or caused to be taken , the following steps and events to meet the " public input" requirement of 6 NYCRR Part 617 . 3 (d ) : held a legally advertised public hearing at Town Hall on June 27 , 2007 at 5 : 30 p . m . ; and WHEREAS , a Notice of Intent was duly delivered to all involved and interested agencies , including : Tompkins County Health Department , and New York State Department of Transportation ; and all replies have been received , reviewed and duly considered by the Lead Agency (and/or the time to submit a reply or comments having expired ) , and no other agency having objected to the proposed Lead Agency designation by the Town Board , nor having sought independent or concurrent review; and WHEREAS , an Environmental Assessment Form was duly submitted , discussed and reviewed , and the same was deemed accurate and complete ; and WHEREAS , the project was duly considered and considered as required by 6 NYCRR Part 617 . 2 ( b ) and 6 . 7 . 3 (g ) , and in addition to the unique topography and environment of the Town of Ithaca and the Cayuga Lake watershed , due consideration was given to each and all review factors set forth in 6 NYCRR Part 617 . 7 (c) ; and WHEREAS , after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts , the Town Board of the Town of Ithaca , as Lead Agency , did duly resolve as follows : RESOLVED AND DETERMINED , that the Town Board of the Town of Ithaca be and hereby is declared to be the Lead Agency ; and it is further RESOLVED AND DETERMINED , that the impacts of the proposed project were identified as traffic , noise and sediment and silt runoff from construction , which impacts will be ( i ) mitigated by stormwater laws and permitting , and ( ii ) temporary in nature , such that these impacts are deemed non - material and not significant; and it is further RESOLVED AND DETERMINED , that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York , and all Regulations promulgated thereunder, and that the project complies with the requirements of the New York SEQR Act , and the Regulations promulgated thereunder, and the Town Board , as Lead Agency , hereby makes a negative declaration of environmental impact ; and it is further RESOLVED AND DETERMINED , that , pursuant to 6 NYCRR Part 617 . 7 (d ) ( 1 ) ( iv) , this declaration remains open for public comment for 30 days from the publication hereof, with any comments hereupon to be delivered to the Town Supervisor's Office ; and it is further 2 June 27 , 2007 Special Meeting of the Ithaca Town Board RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies : 1 . The Town Clerk of the Town of Ithaca . 2 . The Town Supervisor of the Town of Ithaca . 3 . All Involved and Interested Agencies . 4 . Any person requesting a copy ; and further, that this Resolution be posted and published in accord with law, including , but not limited to the delivery of a copy of this Resolution to the Environmental Notice Bulletin , 625 Broadway , Room 538 , Albany , New York 12233- 1750 in accord with 6 NYCRR Parts 617 . 7 and 617 . 12 . The question of adoption of the foregoing Resolutions were , upon motion made by Councilperson Stein , and seconded by Councilperson Gittelman , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting aye Councilperson Gittelman Voting aye Councilperson Engman Voting aye Councilperson Stein Voting aye Councilperson Cowie Voting aye Councilperson Leary Voting aye The Resolution was thereupon declared duly adopted . The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a Public Interest Order duly adopted by the . Town Board of the Town of Ithaca on June 27 , 2007 . Tee-Ann Hunter, Town Clerk SEQRA : Unlisted Agenda Item No . 5 — Consider approval of Trumansbura Road watermain improvement project public interest order and authorization to go out to bid Councilwoman Gittelman moved the public interest order and bond resolution and Councilman Stein seconded the motion . TB RESOLUTION NO . 2007 -112 : PUBLIC INTEREST ORDER & BOND RESOLUTION : In the Matter of the Proposed Water Improvement in the Town of Ithaca Tompkins County, New York, pursuant to Town Law to be known as the Town of Ithaca Trumansburg Road Water Main Improvement 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 27th day of June , 2007 , at 5 : 30 o 'clock p . m . prevailing time . 3 June 27, 2007 Special Meeting of the Ithaca Town Board PRESENT : Supervisor Catherine Valentino Councilperson Sandy Gittelman Councilperson Herb Engman Councilperson Peter Stein Councilperson Jeff Cowie Councilperson Patricia Leary ABSENT : Councilperson Will Burbank WHEREAS , a plan , report and map 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 , relating to the creation and construction , pursuant to the Town Law of water system improvements to be known and identified as the Town of Ithaca Trumansburg Road Water Main Improvement , and hereinafter also referred to as the " improvement, " to provide such water system improvement , to the present Town water improvement , such Improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefited by said Town of Ithaca Trumansburg Road Water Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Trumansburg Road Water Main Improvement consists of the water improvements set forth below , and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : ( i ) replacement of an existing 6 " water main in the water service area of the Trumansburg Road Tank Grid ; ( ii ) the improvement includes Replacement of a 10" Connection to the Cayuga Medical Center , and a new 12 " water main to run on the east side of Trumansburg Road from 1301 Trumansburg Road south to 1139 Trumansburg Road , and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $693 , 000 . 00 . The proposed method of financing to be employed by said Town of Ithaca for the aforesaid improvement is short term financing (financing proposed for less than one year) to be provided by a Fund Balance Note signed by the Water District in favor of the Sewer District Fund , which Note balance is proposed to be , and /or will be , fully paid through the proposed issuance of a Bond Anticipation Note (" BAN ") by the Town of Ithaca for serial Bonds of the Town , which BAN will be the subject of a separate public hearing in accord with the Town and the New York State Local Finance Law , and WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on June 11 , 20071 calling a public hearing upon said plan , report and map including an estimate of cost and the question of providing water improvements to be known as the Town of Ithaca Trumansburg Road Water Main Improvement , such public hearing having been scheduled for the 27th day of June , 2007 , at 5 : 30 o ' clock p . m . , Prevailing Time , at the Town Hall , 215 North Tioga Street , 4 June 27 , 2007 Special Meeting of the Ithaca Town Board in the City of Ithaca , Tompkins County , New York , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law ; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , the construction of the proposed project has been determined to be an " Unlisted Action " pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board has determined , will not result in any significant environmental effects , and accordingly , a Negative Declaration was duly made and declared by Resolution 2007- 111 (dated June 27 , 2007) ; and WHEREAS , it is now desired to authorize the improvement to be known as the Town of Ithaca Trumansburg Road Water Main Improvement (the "Water Improvement") ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . It is hereby determined that it is in the public interest to make the Water Improvement hereinafter described and such Water Improvement is hereby authorized . The proposed area hereby determined to be benefited by said Town of Ithaca Trumansburg Road Water Main Improvement is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section 2 . The Water Improvement consists of the replacement of an existing 6 " water main in the water service area of the Trumansburg Road Tank Grid . The Water Improvement further includes replacement of a 10 " connection to the Cayuga Medical Center , and a new 12 " water main to run on the east side of Trumansburg Road from 1301 Trumansburg Road south to 1139 Trumansburg Road , and Section 3 . 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 up to $693 , 000 . 00 for the Town of Ithaca Trumansburg Road Water Main Improvement and the payment of all costs incident thereto , including engineering and design fees , consulting fees , attorneys fees , bidding costs and any other related costs , all of said actions being hereinafter collectively referred to as the " Project . " Section 4 . The plan for the financing of the Project consists of the issuance of General Obligation Serial Bonds of the Town in the principal sum of not more than $693 , 000 . 00 , to be issued pursuant to the Local Finance Law for costs of the Project . 5 June 27, 2007 Special Meeting of the Ithaca Town Board Section 5 . 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 6 . The full faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on said Bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such Bonds becoming due and payable in such year. There shall be annually apportioned and assessed upon the several lots and parcels of land especially benefited by the improvement in proportion to the amount of benefit which the improvement shall confer upon the same , an amount sufficient to pay the principal and interest on such Bonds as the same become due and payable . In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due , the Town Board shall direct that surplus moneys not otherwise appropriated be applied . Section 7 . Such Bonds , if issued , shall be in fully registered form , and such Fund Balance Note shall be signed in the name of the Town of Ithaca , New York , by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk (the bonds , if issued , and the Fund Balance Note are herein jointly and/but severally referred to as the Bonds ") . Section 8 . 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 Bonds , the paying agent on the Bonds , and the registration agent if he or she does not appoint such an agent pursuant to the authority granted elsewhere in this Resolution , if any . The powers and duties of advertising such Bonds for sale , conducting the sale and awarding the Bonds , are hereby delegated to the Town Supervisor , who shall advertise such Bonds for sale , conduct the sale , and award the Bonds in such manner as he or she shall deem best for the interests of said Town , provided , however, that in the exercise of these delegated powers , he or 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 the 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 9 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of, and to sell , BANs in anticipation of the issuance and sale of the serial Bonds herein authorized , including renewals of such BANs , is hereby delegated to the Supervisor, as 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 Supervisor , consistent with the provisions of the Local Finance Law. Section 10 . All other matters , except as provided herein relating to such Bonds , including determining whether to issue such serial Bonds having substantially level or declining debt service and all matters related thereto , prescribing whether manual or 6 June 27, 2007 Special Meeting of the Ithaca Town Board facsimile signatures shall appear on said Bonds , 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 (and if said Bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues , shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town of Ithaca 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 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 Town Supervisor shall determine . Section 11 . 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 12 . The validity of such Bonds may be contested only if: 1 . Such Bonds are authorized for an object or purchase for which said Town 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 20 days after the date of publication , or 3 . Such Bonds are authorized in violation of the provision of the Constitution . Section 13 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th 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 14 . 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 . 7 June 27, 2007 Special Meeting of the Ithaca Town Board Section 15 . 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 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 . Section 16 . If no referendum is requested , or if requested , a referendum is held and the referendum approves this 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 17 . 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 18 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Article 7 , Town Law Section 209-q , and Local Finance Law Section 35 . The question of adoption of the foregoing Resolutions were , upon motion made by Councilperson Gittelman , and seconded by Councilperson Stein , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting aye Councilperson Gittelman Voting aye Councilperson Engman Voting aye Councilperson Stein Voting aye Councilperson Cowie Voting aye Councilperson Leary Voting aye The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a Public Interest Order duly adopted by the Town Board of the Town of Ithaca on June 27 , 2007 . Tee-Ann Hunter Councilman Cowie moved authorization to send the project out to bid and Supervisor Valentino seconded the motion . TB RESOLUTION NO . 2007 - 113 : AUTHORIZING THE BIDDING FOR THE TOWN OF ITHACA TRUMANSBURG ROAD WATER MAIN IMPROVEMENT WHEREAS , plans , specifications and bid documents have been duly prepared relating to the construction of water system improvements known and identified as the Town of Ithaca Trumansburg Water Main Improvement ( hereinafter also referred to as " improvement" ) by 8 June 27, 2007 Special Meeting of the Ithaca Town Board Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York , which plans , specifications and related documents have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the Town Board has , by Public Interest Order adopted June 27 , 2007 , authorized the construction of such improvement , subject to permissive referendum ; and WHEREAS , the Town would like to have the improvement constructed during the 2007 building season because of the need for the water by residents of the Trumansburg Road area portion of the Town ' s water system ; and WHEREAS , to expedite the construction process the Town Board wishes to begin the bidding process , realizing that if a permissive referendum were requested no bids for this construction could be formally accepted until the outcome of the referendum was known ; NOW , THEREFORE , be it RESOLVED , that the plans , specifications , and related documents for the construction of the Town of Ithaca Trumansburg Road Water Main Improvement prepared by Daniel Walker, P . E . Director of Engineering for the Town of Ithaca , are hereby approved ; and it is further RESOLVED , that the Director of Engineering be authorized to advertise for, and solicit bids for, the construction of such improvement provided , however, that no bid for such construction shall be accepted until (a ) thirty days have elapsed from June 27 , 2007 , and (b) the adoption of the public interest order authorizing such improvement has been duly posted and advertised , and (c) no petition requesting a referendum on the adoption of said public interest order has been received during such 30-day period ; and it is further RESOLVED , that the bid package and specifications , inter alia , comply with , and require compliance with , New York State requirements against collusion and kick-backs , and the lobbying procurement laws and regulations , including , but not limited to , State Finance Law § 139-j . MOVED : Councilman Cowie SECONDED : Supervisor Valentino VOTE : Supervisor Valentino , aye ; Councilperson Burbank , aye ; Councilwoman Gittelman ; Councilperson Engman , aye ; Councilperson Stein , aye ; Councilperson Cowie , aye ; Councilperson Leary , aye . Motion carried . Agenda Item No . 6 — Public hearing regarding the proposed Hanshaw Road watermain improvement protect Supervisor Valentino opened the public hearing at 5 : 35 p . m . There was no one present to address the Board and Supervisor Valentino closed the public hearing at 5 : 36 p . m . and brought the item back to the Board . 9 June 27, 2007 Special Meeting of the Ithaca Town Board Agenda Item No . 7 — SEQR — regarding the proposed Hanshaw Road watermain improvement proiect Councilman Stein moved the declaration of negative environmental impact . Councilwoman Gittelman seconded the motion . TB RESOLUTION NO . 2007 -114 : DECLARATION OF NEGATIVE ENVIRONMENTAL IMPACT OF HANSHAW ROAD WATER IMPROVEMENT PROJECT FUNDING RESOLUTION : In the Matter of the Proposed Water Improvement in the Town of Ithaca Tompkins County , New York, pursuant to Town Law to be known as the Town of Ithaca Hanshaw Road Water Main Improvement (the "Water Improvement" ) ( Attachment # 2 ) 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 27th day of June , 2007 , at 5 : 30 o'clock p . m . prevailing time . PRESENT : Supervisor Catherine Valentino Councilperson Sandy Gittelman Councilperson Herb Engman Councilperson Peter Stein Councilperson Jeff Cowie Councilperson Patricia Leary ABSENT : Councilperson Will Burbank WHEREAS , the matter of the Water Improvement above-referenced has been declared to be subject to SEQRA under the Environmental Conservation Law and the SEQRA Regulations (6 NYCRR Part 617 ) ; and WHEREAS , the Town Board has determined that the action is subject to review as an Unlisted Action pursuant to 6 NYCRR Part 617 . 2 (ak) ; and WHEREAS the Town Board declared its intent to act as lead agency for the environmental review of the project , and in furtherance thereof, the Town Board has undertaken , or caused to be taken , the following steps and events to meet the " public input" requirement of 6 NYCRR Part 617 . 3 (d ) : held a legally advertised public hearing at Ithaca Town Hall on June 271 2007 at 5 : 35 p . m . ; and WHEREAS , a Notice of Intent was duly delivered to all involved and interested agencies , including : Tompkins County Health Department , and Tompkins County Public Works , and all replies have been received , reviewed and duly considered by the Lead Agency (and/or the time to submit a reply or comments having expired ) , and no other agency having objected to the proposed Lead Agency designation by the Town Board , nor having sought independent or concurrent review ; and WHEREAS , an Environmental Assessment Form was duly submitted , discussed and reviewed , and the same was deemed accurate and complete ; and 10 June 27, 2007 Special Meeting of the Ithaca Town Board WHEREAS , the project was duly considered and considered as required by 6 NYCRR Part 617 . 2 ( b ) and 617 . 3 (g ) , and in addition to the unique topography and environment of the Town of Ithaca and the Cayuga Lake watershed , due consideration was given to each and all review factors set forth in 6 NYCRR Part 617 . 7 (c) ; and WHEREAS , after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts , the Town Board of the Town of Ithaca , as Lead Agency , did duly resolve as follows : RESOLVED AND DETERMINED , that the Town Board of the Town of Ithaca be and hereby is declared to be the Lead Agency ; and it is further RESOLVED AND DETERMINED , that the impacts of the proposed project were identified as traffic , noise and sediment and silt runoff from construction , which impacts will be ( i ) mitigated by stormwater laws and permitting , and ( ii ) temporary in nature , such that these impacts are deemed non - material and not significant ; and it is further RESOLVED AND DETERMINED , that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York , and all Regulations promulgated thereunder, and that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated thereunder, and the Town Board , as Lead Agency , hereby makes a negative declaration of environmental- impact; and it is further RESOLVED AND DETERMINED , that, pursuant to 6 NYCRR Part 617 . 7 (d ) ( 1 ) ( iv) , this declaration remains open for public comment for 30 days from the publication hereof, with any comments hereupon to be delivered to the Town Supervisor's Office ; and it is further RESOLVED that the Town Clerk deliver and/or file a copy of this Resolution with the following persons and agencies : 5 . The Town Clerk of the Town of Ithaca . 6 . The Town Supervisor of the Town of Ithaca . 7 . All Involved and Interested Agencies . 8 . Any person requesting a copy ; and further , that this Resolution be posted and published in accord with law , including , but not limited to the delivery of a copy of this Resolution to the Environmental Notice Bulletin , 625 Broadway , Room 538 , Albany , New York 12233- 1750 in accord with 6 NYCRR Parts 617 . 7 and 617 . 12 . The question of adoption of the foregoing Resolutions were , upon motion made by Councilperson Stein , and seconded by Councilperson Gittelman , duly put to a vote on a roll call , which resulted as follows : Supervisor Valentino Voting aye Councilperson Gittelman Voting aye Councilperson Engman Voting aye Councilperson Stein Voting aye Councilperson Cowie Voting aye 11 June 27 , 2007 Special Meeting of the Ithaca Town Board Councilperson Leary Voting aye The Resolution was thereupon declared duly adopted . The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a Public Interest Order duly adopted by the Town Board of the Town of Ithaca on June 27 , 2007 . Tee-Ann Hunter, Town Clerk SEQRA : Unlisted Agenda Item No . 8 — Consider approval of Hanshaw Road watermain improvement proiect public interest order and authorization to go out to bid Councilman Stein moved the public interest order and bond resolution . Councilwoman Leary seconded the motion . TB RESOLUTION NO . 2007 -115 : PUBLIC INTEREST ORDER & BOND RESOLUTION : In the Matter of the Proposed Water Improvement in the Town of Ithaca , Tompkins County, New York, pursuant to Town Law to be known as the Town of Ithaca Hanshaw Road Water Main Improvement 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 27th day of June , 2007 , at 5 : 30 o 'clock p . m . prevailing time . PRESENT : Supervisor Catherine Valentino Councilperson Sandy Gittelman Councilperson Herb Engman Councilperson Peter Stein Councilperson Jeff Cowie Councilperson Patricia Leary ABSENT : Councilperson Will Burbank WHEREAS , a plan , report and map 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 , relating to the creation and construction , pursuant to the Town Law of water system improvements to be known and identified as the Town of Ithaca Hanshaw Road Water Main Improvement , and hereinafter also referred to as the " improvement , " to provide such water system improvement , to the present Town water improvement , such Improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and 12 June 27, 2007 Special Meeting of the Ithaca Town Board WHEREAS , the area of said Town determined to be benefited by said Town of Ithaca Hanshaw Road Water Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Hanshaw Road Water Main Improvement consists of the Water Improvements set forth below , and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : the replacement of an existing 8 " water main in the water service area for the Sapsucker Road Tank Grid ; the Water Improvement further includes construction of a new 8 " water main to run on the South side of Hanshaw Road from 1305 Hanshaw Road east to 1466 Hanshaw Road , and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid Water Improvement is $ 524 , 000 . 00 . The proposed method of financing to be employed by said Town of Ithaca for the aforesaid Water Improvement is short term financing (financing proposed for less than one year) to be provided by a Fund Balance Note signed by the Water District in favor of the Sewer District Fund , which Note balance is proposed to be , and/or will be , fully paid through the proposed issuance of a Bond Anticipation Note (" BAN ") by the Town of Ithaca for serial bonds of the Town , which BAN will be the subject of a separate public hearing in accord with the Town and the New York State Local Finance Law, and WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on June 11 , 2007 , calling a public hearing upon said plan , report and map including an estimate of cost and the question of 4providing Water Improvements to be known as the Town of Ithaca Hanshaw Road Water Main Improvement , such public hearing having been scheduled for the 27th day of June , 2007 , at 5 : 35 o ' clock p . m . , Prevailing Time , at the Town Hall , 215 North Tioga Street , in the City of Ithaca , Tompkins County , New York , at which time and place all persons interested in the subject thereof, could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , the construction of the proposed project has been determined to be an " Unlisted Action " pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board has determined , will not result in any significant environmental effects , and accordingly , a Negative Declaration was duly made and declared by Resolution 2007- 114 (dated June 27 , 2007) ; and WHEREAS , it is now desired to authorize the improvement to be known as the Town of Ithaca Hanshaw Road Water Main Improvement (the "Water Improvement") ; NOW , THEREFORE , BE IT 13 June 27 , 2007 Special Meeting of the Ithaca Town Board RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County, New York , as follows : Section 1 . It is hereby determined that it is in the public interest to make the Water Improvement hereinafter described and such Water Improvement is hereby authorized . The proposed area hereby determined to be benefited by said Town of Ithaca Hanshaw Road Water Main Improvement is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section . 2 . Replacement of an existing 8 " water main in the water service area of the Sapsucker Road Tank Grid . The improvement includes construction of a new 8 " water main to run on the South side of Hanshaw Road from 305 Hanshaw Road east to 466 Hanshaw Road . Section 3 . 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 up to $ 524 , 000 . 00 for the Town of Ithaca Hanshaw Road Water Main Improvement and the payment of all costs incident thereto , including engineering and design fees , consulting fees , attorneys fees , bidding costs and any other related costs , all of said actions being hereinafter collectively referred to as the " Project . " Section 4 . The plan for the financing of the Project consists of the issuance of General Obligation Serial Bonds of the Town in the principal sum of not more than $ 524 , 000 . 00 , to be issued pursuant to the Local Finance Law for costs of the Project . Section 5 . 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 6 . The full faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on said Bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such Bonds becoming due and payable in such year. There shall be annually apportioned and assessed upon the several lots and parcels of land especially benefited by the improvement in proportion to the amount of benefit which the improvement shall confer upon the same , an amount sufficient to pay the principal and interest on such Bonds as the same become due and payable . In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due , the Town Board shall direct that surplus moneys not otherwise appropriated be applied . Section 7 . Such Bonds , if issued , shall be in fully registered form , and such Fund Balance Note shall be signed in the name of the Town of Ithaca , New York , by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk (the bonds , if issued , and the Fund Balance Note are herein jointly and/but severally referred to as the Bonds ") . 14 June 27 , 2007 Special Meeting of the Ithaca Town Board Section 8 . 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 Bonds , the paying agent on the Bonds , and the registration agent if he or she does not appoint such an agent pursuant to the authority granted elsewhere in this Resolution , if any . The powers and duties of advertising such Bonds for sale , conducting the sale and awarding the Bonds , are hereby delegated to the Town Supervisor, who shall advertise such Bonds for sale , conduct the sale , and award the Bonds in such manner as he or she shall deem best for the interests of said Town , provided , however, that in the exercise of these delegated powers , he or 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 the 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 9 . Subject to the provisions of the Local Finance Law, the power to authorize the issuance of, and to sell , BANs in anticipation of the issuance and sale of the serial Bonds herein authorized , including renewals of such BANs , is hereby delegated to the Supervisor, as 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 Supervisor, consistent with the provisions of the Local Finance Law . Section 10 . All other matters , except as provided herein relating to such Bonds , including determining whether to issue such serial Bonds having substantially level or declining debt service and all matters related thereto , prescribing whether manual or facsimile signatures shall appear on said Bonds , 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 (and if said Bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town ) , the date , denominations , maturities and interest payment dates , place or places of payment , and also including the consolidation with other issues , shall be determined by the Supervisor . It is hereby determined that it is to the financial advantage of the Town of Ithaca 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 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 Town Supervisor shall determine . Section 11 . 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 12 . The validity of such Bonds may be contested only if: 15 June 27 , 2007 Special Meeting of the Ithaca Town Board 1 . Such Bonds are authorized for an object or purchase for which said Town 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 20 days after the date of publication , or 3 . Such Bonds are authorized in violation of the provision of the Constitution . Section 13 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th 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 14 . 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 15 . 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 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 . Section 16 . If no referendum is requested , or if requested , a referendum is held and the referendum approves this 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 17 . 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 18 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Article 7 , Town Law Section 209-q , and Local Finance Law Section 35 . The question of adoption of the foregoing Resolutions were , upon motion made by Councilperson Stein , and seconded by Councilperson Leary , duly put to a vote on a roll call , which resulted as follows : 16 June 27, 2007 Special Meeting of the Ithaca Town Board Supervisor Valentino Voting aye Councilperson Gittelman Voting aye Councilperson Engman Voting aye Councilperson Stein Voting aye Councilperson Cowie Voting aye Councilperson Leary Voting aye The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a Public Interest Order duly adopted by the Town Board of the Town of Ithaca on June 27 , 2007 . Tee-Ann Hunter, Town Clerk Supervisor Valentino moved and Councilman Stein seconded authorization to send the project out to bid . TB RESOLUTION NO . 2007 - 116 : AUTHORIZING THE BIDDING FOR THE TOWN OF ITHACA HANSHAW ROAD WATER MAIN IMPROVEMENT WHEREAS , plans , specifications and bid documents have been duly prepared relating to the construction of water system improvements known and identified as the Town of Ithaca Hanshaw Main Improvement ( hereinafter also referred to as " improvement" ) by Daniel Walker, P . E . , the Town Engineer, a competent engineer duly licensed by the State of New York , which plans , specifications and related documents have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the Town Board has , by Public Interest Order adopted June 27 , 2007 , authorized the construction of such improvement , subject to permissive referendum ; and WHEREAS , the Town would like to have the improvement constructed during the 2007 building season because of the need for the water by residents of the Hanshaw Road area portion of the Town ' s water system ; and WHEREAS , to expedite the construction process the Town Board wishes to begin the bidding process , realizing that if a permissive referendum were requested no bids for this construction could be formally accepted until the outcome of the referendum was known ; NOW , THEREFORE , be it RESOLVED , that the plans , specifications , and related documents for the construction of the Town of Ithaca Hanshaw Road Water Main Improvement prepared by Daniel Walker, P . E . Director of Engineering for the Town of Ithaca , are hereby approved ; and it is further RESOLVED , that the Director of Engineering be authorized to advertise for, and solicit bids for, the construction of such improvement provided , however, that no bid for such construction shall be accepted until (a ) thirty days have elapsed from June 27 , 2007 , and ( b) the adoption of the public interest order authorizing such improvement has been duly posted 17 June 27, 2007 Special Meeting of the Ithaca Town Board and advertised , and (c) no petition requesting a referendum on the adoption of said public interest order has been received during such 30-day period ; and it is further RESOLVED , that the bid package and specifications , inter alia , comply with , and require compliance with , New York State requirements against collusion and kick-backs , and the lobbying procurement laws and regulations , including , but not limited to , State Finance Law § 139-j . MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Supervisor Valentino , aye ; Councilperson Gittelman , aye ; Councilperson Engman , aye ; Councilperson Stein , aye ; Councilperson Cowie , aye ; Councilperson Leary , aye . Motion carried . Adjournment On motion by Councilman Stein , the meeting was adjourned at 5 : 37 p . m . Respectfully submitted , Tee-Ann Hunter Town Clerk Next meeting July 9, 2007 at 5:30 p. m. 18 TOWN OF ITHACA +y AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : ORDER FOR PUBLIC HEARING : In the matter of the Hanshaw Road Watermain Improvement Project Location of Sign Board Used for Posting : Town Clerk' s Office 215 North Tioga Street Ithaca , NY 14850 . Date of Posting : Tuesday , June 12 , 2007 Date of Publication , Thursday, June 14 , 2007 Tee-Ann Hunter Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 14th day of June , 2007 . V Notary Public CARRIE WHITMORE Notary Public, state of New York No . 01 W H 6052877 Tioga county Commission Expires December i WHEREAS, the maximum proposed to be expended y the ;Town of -Ithaca for the aforesaid improvement is $524,000.00. Short term financingg (financing proposed for less Acm one yyear -is to be provided,by a Fund Balance Note signed by the _Water District in fa- vor of . the Sewer District Fund, :which Note' balance is proposed to be,!.and/or Order for:- will be; fully paid through Public Hearing in the the proposed issuance of ci matter of the ; Bond Anticipation Note Hanshaw Road provide , such , . water; im ("BAN ^I by ;the Town . of Watermain " provement to :th'e present Ithaca or ` serial bonds' of Improvem`eptFProjed Town', - water wafer system, such the Town .whichBAN will Water system improvemeni be the subjeci of-6'separate to be constructed and THE MATTER' OF, THE public hearing • in accord PROVIDING OF A` owned by the :Town of with the Town Law and the Ithaca„ and . PROPOSED WATER - New. York':State-local Fi- IMPROVEMENT TO .BE WHEREAS,` said plan.- re- nonce- 'L aw. , ^. KNOWN AS THE port and map have been WHEREAS,- it .js. now. de TOWN'OFITHACA prepared by Daniel Walk= sired to- call a public hear- HANSHAW ROAD er, P.E:;. the Town Engineer, in for. the purpose of con- WATERMAIN IMPROVE a competent .engneer duly sidenng ' s6id' pplan, reppoort MENT PROJECT IN THE licensed by the .,State of and ma and fhe providing New York and have been TOWN OF ITHACA filed in the; office , of the of so i Town . .of . :Ithaca TOMPKINS COUNTY, Hdnshaw Rood Watermain NEW YORK PURSUANT Town..Cleik where they.are improvements; and to 'hear TO TOWN LAW* available for public inspec- all persons interested in the Lion, and subject thereof, + all in' ac- Ata Regular Meetin of the WHEREAS the area of cordance' 'with ' the 'provi- said Town determined to be Town Board of the'. own of sions of TowmLaw,, Ithaca, Tompkins , County, benefited by said Town of NOW, -THEREFORE,, IT IS New ` York;: held ,at 215 Ithaca Hanshdw, ., . Road HEREBY ORDERED, by the North Tioga Street, in Watermam Improvement Town Board of the Town of Ithaca, New York, on the consists -of, the;entirearea Ithaca, Tompkins •County; 11th day of`June; '2007, at of said Town excepting New York,'as'follows: 5:30 'o'clock P.M_ . Prev'aih' there; hom the area con Section 1 .- .A`public hear- ing Time tained"within the Village of ing will .be .held at 215. PRESENT Cayyuggd Heights, and - North Tioga Street; in said Superviso'r-Valentino WHEREAS, the proposed Town';-,,on =the ., 27th day of Councilman Burbank Tovin' of Ithaca, ' June 2007; at 5:35 o'clock Council 'w`oman Cowie Road 'Waiermam , System P M: to. consider the afore Councilman Engman Improvement consists of the said pplan, `report and ma Councilman Stein water.' .. improvements . set and tFe question of provic} Councilwoman Leary forth: `below; and in the in g of , said Town of Ithaca areas of the Town , as; set ABSENT:'( ' Hansf dw..Road Watermain: Councilman 'Gittelmon forth below :and' as more Impr&einent _-and ,''to' hear , particularly shown and de WHEREAS a plan, report scribed in said map; plan sulbl ct rthereofeancl -can- and -ma�� pj has been duly and report presently on. file cerning the same and 'to prepared 'i.in such manner in the' Office of 'the Town take such action thereon' as., and in such detail as here- Clerk: is requued by law ' tofore .has4beendetermined Replacement of existing Section Y:1 -Town by the Town Board of the B" water main in water Clerk of the Town of Ithaca;; Town of Ithaca; Tompkins service Bred , for the `Sate,' Tompkins . County; :' New,, County, New'York, relating ' sucker Road , Tank' Grid: York is hereby ,authorized'. to the creation' and con= The improvement includes and directed :;;to cause a_ struction, pursuant to the construction of a new 8"' coPy of this order to- .lie Town Law of water system wafer main to„,run on the published , once , in The -improvements to<be known South . side of Hanshaw; Ithaca' Jouiiial +and also to,, and' identified`as' the;Town ` roadLfrom 1305;; Hanshaw post a copy:hereof on the„ of Ithaca , Hanshaw Road: road=' . east to . l"466' Town " signboard' mar .Watermain Improvement, Hanshaw road - ' .. tained by the Clerk, not less and Hereinafter also' refer- than ten -nor,, more than •red to cis .".improvement° to twenty days before the ddy. - desiggnoted for the hearingg as atoresaid, afl `in accord once`' A the •prvisions of the Town Law. .k. Section -3 : ,This '*order shall take %w =effect. iu h immediately. The question of the`adop tion of the 'foregoing order was 0 'pon- motionlot Super- visor Valentino, seconded •- by 'Councilman Engman, dulyy put to a vote on a roll fall call; . Which. -rresulted as Supervisor Valentino.. aye Councilman Burbank; aye Councilwoman Cowie, aye Councilman Engman, aye Council man Stein, aye; Councilwoman Leary, aye 6/ 14/07 , TOWN OF ITHACA ( AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter, being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : ORDER FOR PUBLIC HEARING : In the matter of the Trumansburg Road Watermain Improvement Project Location of Sign Board Used for Posting : Town Clerk 's Office 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Tuesday, June 12 , 2007 Date of Publication : Thursday, June 14, 2007 1 1 � Tee-Ann Hunter Town Clerk , Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 14th day of June , 2007 . Notary Public CARRIE WHITMORE Notary Public, state of New York No . 01 W H6052877 Tioga County Commission Expires December 26 U r Orderfor e Public Hearing in the matter of the - Trv_ mansburg Road Watermam , Improvement Project: IN THE MATTER.OFTHE PROVIDING OF A 'PROPOSED WATER IMPROVEMENT TO BE -KNOWN AS..THE WFTEREA5, the proposed TOWN Of. ITHACA . Town of Ithaca terested in 'the subject the TRUMANSBURG,ROAD. Trumansburg , Road of, ,all in 'accordance with WATERMAIN IMPROVE Watermain System .- lm- Town Law; z; MENT. PROJECT IN THE provement consists of the NOW,. THEREFORE, •ITxf TOWN'AF, RHACA, water ; improvements set HEREBY ORDERED, ' bytf% TOMPKINS COUNTY, forth below, and in the Town Board of the Town o NEW .YORKPURSUANT areas' of' the Towti : as set Ithaca;= . Tompkms ,Counly; TO TOWN-CAW, forth below '"and as more New York, as follows. - particularly shown' and de- Section 1 . A p661i ea At a Regular Meetingg of the scribed in: said map;' plan ing will. be held of 2T Town Board of the Town-of and report presently on file North, Tioga Street in sdid Ithaca Tompkins 'County, in the Office 'of the •Town Town, on the 27th `daysof New York; ;held - at 215 Clerk: June; 2007, ., at . 5 30 North . Tioga ' Street, in Re(pp� ldcemerit of ch exist- o'clock P M. to consifJe Ithaca, New York, on the ing water main in the the ;aforesaictrp�an repo= 1 l th day of June, 2007, at water service , tired of the and 'map and, the quesfion 5:30. o clock P Ml' Prevail Trumansburg Road . Tank- of 'proyiding"of said Town R ing Time'- -_ Grid . 'The improvemer tin- of. - Ithaca TrumonAr PRESENT: cludes ,"Replacement of a Road. ;Water ' System Jm Supervisor Valentino 10" Connection- :.to ', the proverhent and to hear al Councilman Burbank Cayuga , Medical Center, persons, interested m Councilman Engman and a new 12 " water main subject thereof an con CouncJman' Stem to run ' on,the east side of cernmg fhe:_ same '' and to CouncAmarcCowie° Trumansburg .road:" 'from take such action thereon as- Councilwoman Leary 1301 ':Trumansburg,.- road ' is 'required byy law ABSENT ' : south to 1;139 Trumansburg; Section 2 : The Town Councilwoman Gittelm6n road Clerk of the Town of Ithaca; Tompkins WHEREAS,'a plan, County New report WHEREAS th6�maximum York is hereby';buthorized and m6p' has been duly proposed'"to be expended and-6edecl :to c - ._ a' prepared in "such manner by- the , Town of 'Ithaca for coppyy .of this order to ' be t and ih such� cletail as here- the aforesaid , impio'vemenf ` published once: ' ,in' .The tofoie has been determined is $693;000.00. Short. Ithaca journal and _alsgm by. the ' Town • Board'' of the term " financing (financing pposfa copytirereof on the Town of Ithaca , Tompkins' )roposed •.for less than one Towri signboard main- Courity, 'New York, relating year is to be provided by a tained by the Clerk not less to the creation and. con Fun3 Balance Note signed than. ten ' nor.? more •tfiaa struchon, pursuant to the by the ,.Water District in fa twenty:days before the day' Town Law of ,water. system vor of, the Sewer District designated for,.the 66-rirnm�� improvementsto be known Fund, which Note balance as aforesaid, -all- in acco'rd1 and.identified- as th'e_Town is proposed to be' and/or once with the ,provisionsiof of Ithaca . ' Trummonsburg will be; . fully pair .through the 'Town Law. NOQ Road Watermam Improve the proposed issuance of a Section 3 . This older shall, meni' and herei r also Bond Antiapation Note take effect immediately referred to as t"improve ("BAN" by the Town of The queshomof .the adq men i to provide such wa- Ithaca for serial bond's of hon of the foregoingg ord ' ter system improvement to the Town, which BAN' will was upon motion of . CB the present Town water sys be the^subject of a se orate' oilman' ' I p ; Supervisor tem such system to ,be con- public :hearing - in .accord Valentino seconded by structed and owned by the with the"Town LaWand the Councilmah( Steiri; duly, A Town of lthaca,•and ' - New York State Local, Fi, to 6 - vote on a roll cglu WHEREAS, said plan; re- nonce Law. which"resulted as'folO " ' j`�#: port ;and map' have been WHEREAS it is now de- Supervisor Valentino; aye preppared' by l)aniehWalk- sired' to call a public hear- Councilman Bur6ank ` aye. er, P:E., fheTown Engineer, ingg for the ur ose of can CounciIman' Eri man q e' a competent 'engmeer duly sidenng said plan, report Councilman Steiny ei licensed by • the State" • of and ma' 'a`nd the providing- Councilman'Cowie, ' �e New York and.-have been, of sai� ;Town of. , Ithaca' Councilwoman Leary d filed : in the office of the Trumansburg Road; Town Clerk-where they are', Nctermain- improvements, The order wa`s . ereuponn available for public mspec; ; and tol"hear all persons in declared duly adopted fion;.and I > 6/ 14/07 ' WHEREAS . the, ared ;of - said:::Town;deterinined to be 66nefited by said' Town, of Ithaca , Trumansburg" 'Road; -. M Watermain Improvement P .. consistsiof the entire;. ared of 'said Towri `" excepting there`'-from .the.kcarea' "'core. tained within the Village;of Cayupa,Heighis,-dnd • _ ( ATTACHMENT # 1 617.20 SEAR PROJECT ID NUMBER APPENDIX C `• STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PA. - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) VVVI 1 . APPLICANT / SPONSOR 2 . PROJECT NAME Town of Ithaca Trumansburg Road Water Improvments 1PROJECT LOCATION: Trumansburg Road Town of Ithaca Tompkins County Municipality County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 1141 Trumansburg Rd to 1301 Trumansburg Rd . On East side of road . 5, IS PROPOSED ACTION : ❑ New ❑ Expansion 0 Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Replacement for a 70 year old 6 inch water main with a new 12" main . All services will be replaced . /. VINT LAND. AFFE CTED:2 acres Ultimately 1 . 2 acres 8. OSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑ Yes ❑ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply. ) rIResidential ❑ Industrial ❑ Commercial ❑Agriculture ❑ Park / Forest / Open Space ❑ Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING , NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) FVw Yes ❑ No If yes , list agency name and permit / approval: NYSDOT Work Permit; Tompkins County Health Department 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes Z No If yes , list agency name and permit / approval: 12 . AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? Dyes ✓❑ No ,lI CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE nt / Sponsor Name Date: ure L�4 /N Z12ZO 7 If the action is a Costal Area , and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 = IMPACT-ASSESSMENT-(To-be-completed-by-Lead-Agency) - - -A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes No r ^ � B . WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes IZI No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING : (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern , solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: Sediment and Erosion Control plan will be used : A NYSDOT approved Traffic Control Plan will be in effect. C2. Aesthetic, agricultural, archaeological , historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: N/A C3. Vegetation or fauna , fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: N/A C4. A community's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? Explain briefly: N/A C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: Servicing existing customers C6. Long term , short term, cumulative, or other effects not identified in C1 -05? Explain briefly: N/A C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: N/A D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If Xes, explain briefly: ED Yes 1 No E . IS THERE , OR IS THERE LIKELY TO BE , CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: ED Yes � No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS : For each adverse effect identified above, determine whether it is substantial , large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i . e . urban or rural ); (b) probability of occurring ; (c) duration ; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately: addressed . If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Town of Ithaca Town Board June 27 , 2007 Name of Lead Agency Date Catherine Valentino Assistant Director. of Engineering Print or TypeResponsible, Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer ( If different from responsible officer) ATTACHMENT # 2 PROJECT iD NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only T 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) PLICANT / SPONSOR 2 . PROJECT NAME 1VV n of Ithaca Hanshaw Rd Water main 3.PROJECT LOCATION : Town of Ithaca Tompkins County Municipality County 4 . PRECISE LOCATION : Street Addess and Road Intersections . Prominent landmarks etc - or provide map 1306 Hanshaw Rd . to 1466 Hanshaw Rd on the South Side 5. IS PROPOSED ACTION : El New ❑ Expansion Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Replacement of existing water main that has had many breaks over the last 2 years and is under the current and future storm water utilities when county rebuilds the road OUNT OF LAND AFFECTED: tially 1 .0 acres Ultimately 1 . 0 acres ILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ✓ Yes ❑ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply. ) ❑✓ Residential ❑ Industrial ❑ Commercial ❑Agriculture ❑ Park / Forest / Open Space ❑ Other (describe) 10 . DOES ACTION INVOLVE A PERMIT APPROVAL , OR FUNDING , NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal , State or Local) 21 Yes : ❑ No If yes, list agency name and permit / approval : Tompkins County Health Department Permit 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No If yes , list agency name and permit / approval : Tompkins County Health Department Permit 12 . AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? ❑Yes ❑✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE licant / Sponsor Name Creig H bd n Date : at re GCS / G� 57 If the action is a Costal Area , and you are a state agency , complete the Coastal Assessment Form before proceeding with this assessment T II - IMPACT ASSESSMENT To be completed by Lead Agency OES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 .4? If yes, coordinate the review process and use the FULL EAF . Yes ❑ No JILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617 .6? If No, a negative _5eclaration may be superseded by another involved agency. Yes I No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal , potential for erosion, drainage or flooding problems? Explain briefly: Sediment and erosion controls will be used during construction C2. Aesthetic, agricultural , archaeological , historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: N/A C3. Vegetation or fauna , fish , shellfish or wildlife species, significant habitats , or threatened or endangered species? Explain briefly: N/A C4 . A community's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? Explain briefly: Servicing Existing Customers C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: N/A C6. Long term, short term , cumulative , or other effects not identified in C1 -05? Explain briefly: N/A C7 . Other impacts (including changes in use of either quantity or type of energy? Explain briefly: N/A D . WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If Xes, explain brief) : ❑ Yes ✓v No E. IS THERE, OR IS THERE LIKELY TO BE , CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If Xes ex lain: ❑ Yes E71 No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS : For each adverse effect identified above , determine whether it is substantial , large , important or otherwise significant. Each effect should be assessed in connection with its (a ) setting ( i .e . urban or rural ); (b ) probability of occurring ; (c) duration ; (d) irreversibility; (e) geographic scope ; and (f) magnitude . If necessary, add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . If question d of part ii was checked yes , the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration . Check this box if you have determined , based on the information and analysis above and any supporting documentation , that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide , on attachments as necessary, the reasons supporting thi determination . Town of Ithaca Town Board June 27 , 2007 Name of Lead Agency Date Catherine Valentino Assistant Director of Engineering VPrintr Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)