HomeMy WebLinkAboutPublic Hearing/Mtg. Minutes 10/9/199142 Special Meeting — 9/26/91
The toard was advised by the Village Attorney tht the bid from Orchard Earth
and Pipe should not be approved and signed until the Town of Ithaca has
approved the transfer of title, hopefully on October 3 per their attorney.
Attorneys Oesterle and Sovocool will be working on easements and'proceduIc
needful for condemnation if easements are not agreed to. The matter of b
holding of sewer connections by the Board of Health was discussed, but n
clusion was reached as to how to proceed.
Meeting adjourned at 5:45 p.m.
Ronald E. Anderson
Mayor
1
Minutes of a Public Hearing, duly published and posted, held October 9, 1991
at 5:00 PM in the Village Hall to consider a Supplement to Agreement of '
Municipal Cooperation Concerning the Zebra Mussel Control Project including
proposed method of financing through the.issuance of a'joint obligation
statutory installment bond of said municipalities.
'PRESENT: Deputy Mayor Fleming; Trustees Collyer, Perry, Pimentel, Wheeler;
Attorney Oesterle; Treasurer Silber; Supt. of P.W. Rogers.
ABSENT: Mayor Anderson, Trustee Searle.
OTHERS: Kim Jacobs.
Deputy Mayor Fleming opened the Public Hearing for reason stated above. There
were no comments; the Public Hearing was declared closed at 5:01 PM.
Minutes of a meeting of the Board of Trustees of the Village of Cayuga
Heights held October 9, 1991 immediately following the Public Hearing.
PRESENT: As above.
ABSENT: As above.
OTHERS: As above.
Deputy Mayor Fleming called the meeting to order stating its purpose was to act ,
on the.Zebra Mussel Control Project and to discuss apportionment and assessment
costs to landowners relative to the Remington Road Improvement project.
Deputy Mayor Fleming listed several existing roadblocks which could prevent the
Board from awarding the bid to Orchard Earth and Pipe Corp. at this time; to wit,
,The Town of Ithaca has not yet transferred title for their portion of the roadway;
the Tompkins County Department of Health will not allow any connections on any
lines that feed into'the syphon which passes by the Ithaca High School; easements
have been delivered to landowners, but none have been signed.
Special Meeting - 10/9/91 --- `-b " ` A3
Trustee Collyer commented that it would be foolish to proceed without easements.
There was some discussion regarding condemnation in the event landowners refuse to
sign easements. Kim Jacobs of T.G. Miller engineering firm spoke of the necessity
to meet with Mr. Andersson of the Health Department and a representative from Town
of Ithaca to try to resolve the sewer hookup issue. It was agreed that Attorney
® oesterle would contact the contractor to ask for a bid price extension of one month
(to November 17) and in the meantime, to invite landowners to a public informational
meeting with someone present from the firm of T.G. Miller in order to clarify their
questions concerning easements, costs, etc. It was agreed to hold a special meeting
on October 16 at 7:00 P.M. for this purpose. There was discussion, led by Kim
Jacobs, regarding cost figures for roadway and sewer and methods for refining unit
costs using numbers submitted by the engineering firm together with those from the
contractor. T.G. Miller's office will provide these figures on October 16. Regard-
ing the matter of landowners wishing to.visit their property in the accompaniment
of an engineer, Ms. Jacobs stated she will draw up a Scope for Board agreement
since this entails added cost to the Village.
Attorney Oesterle distributed copies of a draft resolution re "Green Space and
Remington Road" asking Trustees to submit their comments regarding it.
Focusing once again on the sewer issue, there was consensus to install a sewer line
at Village expense and to assess costs to landowners affected at such time as con-
nection is made.
Motion by Trustee Wheeler, seconded by Trustee Pimentel:
RESOLUTION 4301 - ADOPT BOND RESOLUTION DATED OCTOBER 9, 1991
BOND RESOLUTION DATED October 9 1991.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $300,000
JOINT SERIAL BONDS OF THE VILLAGE OF LANSING, THE
VILLAGE OF CAYUGA HEIGHTS, AND THE TOWNS OF LANSING,
ITHACA AND DRYDEN, ALL IN THE COUNTY OF TOMPKINS, NEW
YORK TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR
ZEBRA MUSSEL CONTROL.
WHEREAS, the Board of Trustees of the Village of Cayuga
Heights, Tompkins County, New York, in conjunction with the
Village of Lansing, and the Towns of Lansing, Dryden, and
Ithaca, has determined and agreed to participate in the
provision of a joint water project for zebra mussel control and
to contract joint indebtedness therefor in accordance with
Section 15.00 of the Local Finance Law pursuant to a Supplement
to Agreement of Municipal Cooperation for Construction,
Financing 'and Operation of an Inter - Municipal Water Supply and
Transmission System dated as of October 15,. 1991 (the
' "Intermunicipal Agreement Supplement ")_; and
WHEREAS, the project hereinafter described 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
4 Quality Review Act, the implementation of which as proposed, it
has been determined will not result in any significant
environmental effects; and
WHEREAS, all other conditions precedent to the financing of
the capital project hereinafter described, have been performed;
and
WHEREAS, it is now desired to authorize the financing of
such capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Cayuga
Heights, Tompkins County, New York, if the within resolution in
substantially identical form is adopted, approved and made
effective by the other participants in the aforedescribed
Intermunicipal Agreement Supplement, as follows:
Section 1. For the specific object or purpose of paying the
cost of water system improvements for zebra mussel control
consisting of the purchase and installation of a sodium
hypochlorite chemical feed system at the Raw Water Pump Station
at Bolton Point, in the Village of Lansing, together with
approximately 400 linear feet of 6 -inch carrier pipe containing
1 -inch chemical feed and sample lines, chlorine defuser rings,
•a protective shroud mounted on the intake screen structure and
other incidental improvements and expenses necessary in
connection therewith, there are hereby authorized to be issued
$300,000 joint serial bonds of the Village of Cayuga Heights,
Tompkins County, New York, together with the Towns of Ithaca,
Dryden and Lansing and the Village of 'Lansing, all of the
County'of Tompkins, New York, pursuant to the provisions of
Section 1 of Article VIII of the Constitition of the State of
New York as. amended and of Title lA of the Local Finance Law.
Section 2. The maximum estimated cost of the water system
improvements for zebra mussel control is $300,000, which
improvements are hereby authorized at said cost, and the'-plan
1
1
Special Meeting - 1079/91 45
for the financing thereof is by the issuance of the $300,000
joint serial bonds authorized to be issued pursuant to this
'among. said Towns and said Villages, nor the manner of
bond resolution. The total amount of joint indebtedness to be
contracted for said improvements is $300,000 and the amount
initially estimated to be allocated and apportioned to the
Village of Cayuga Heights is $36,201.
Section 3. For the purposes of Section 15.10 of the Local
Finance Law relating to the allocation of joint indebtedness,
the amount of joint indebtedness to be apportioned and
allocated to each of said Towns and Villages, shall be in the
'same proportion as the consumption of water in each of the
Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga
Heights and Lansing shall bear to the total consumption of
water for the entire joint water distribution facility, which
is estimated to be, and for purposes of determining gross
indebtedness of each of said municipalities in their respective
debt statements pursuant to Section 15.10 of the Local Finance
Law and therefore the amount to be allocated for the purpose of
ascertaining each of the respective municipalities' debt
Contracting powers, shall be as follows:
Dryden $11,922 ( 3.974 %)
Ithaca $155,607 (51.869 %)
Lansing (Town) $30,591 (10.197 %)
Cayuga Heights $36;201 (12.067 %)
Lansing (Village) $65,679 (21.893 %)
Nothing in this section shall be deemed to-be in conflict with
or to supercede the provisions of Section 6 of this resolution"
relating to the annual apportionment of the amount of principal
and interest on the bonds herein authorized to be issued as
'among. said Towns and said Villages, nor the manner of
46
collection and payment of the amounts of annual debt service
provided to be apportioned annually by said Section 6. The
Supervisors of said Towns and the Treasurers of said Villages
are hereby authorized and directed to act jointly to make
application to the State Comptroller for the allocation -and
apportionment of said joint indebtedness in accordance with the
provisions of this section and to perform all acts and furnish
all information required in connection with such application.
Section 4. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 5. Subject to the provisions of the Local Finance
Law and this section, the power to authorize- the issuance. of
and' to sell joint bond anticipation notes in anticipation of
the issuance and sale of the joint serial bonds herein
authorized, including renewals thereof, is hereby delegated to
the Supervisor of the Town of Ithaca, the chief fiscal officer
of said Town acting on her own behalf and on behalf of the
chief fiscal officers of the Towns of Dryden and Lansing and
1
47
J�
the Villages of Cayuga Heights and Lansing. Such joint bond
anticipation notes shall be of such terms, form and contents
and shall be sold by said Supervisor in such manner as may be
prescribed by a bond anticipation note certificate, as,
`authorized by Section 30.00 of the Local Finance Law; provided,
however, that any bond anticipation notes so issued shall be
the joint indebtedness of. said Towns and said Villages -and
shall be executed in the names of the Town of Dryden f, the Town
of Ithaca, the Town of Lansing and the Village of Cayuga
Heights and the Village of Lansing, and shall be signed by the
Supervisor of the Town of Dryden on behalf of said Town and
' shall have affixed thereto the seal of the Town of Dryden,
attested by the Town Clerk of said Town; shall be signed by the
Supervisor of the Town of Ithaca on behalf of said Town and
shall have affixed thereto the seal of the Town of Ithaca,
attested by the Town Clerk of said. Town; shall be signed by the
Supervisor of the Town of Lansing on behalf of said Town' and
shall have affixed thereto the seal of the Town of Lansing,
attested by the Town Clerk of said Town; shall be signed by the
Treasurer of the Village of Cayuga Heights on behalf of said
Village and shall have affixed thereto the seal of the Village
of Cayuga Heights,, attested by the Village Clerk of said
Village, and shall be signed by the Treasurer of the Village of
' Lansing on behalf of said Village and shall have affixed
thereto the seal of the Village of Lansing, attested by the
48
Village Clerk of said Village. The chief fiscal officer of the
Town of Ithaca to whom is hereby delegated the power to
authorize the issuance of and to sell such joint bond
anticipation notes, shall file an executed copy of each such
bond anticipation note with the finance board of each of the
aforesaid municipalities prior to the issuance of the bond
anticipation note or notes authorized by such certificate.
Section 6. The faith and credit of said Town of Dryden;
Tompkins County, New York; said Town of Ithaca, Tompkins
County, New York; said Town of Lansing, Tompkins County,- New
York; said Village of Lansing, Tompkins County, New York, and
said Village of Cayuga Heights, Tompkins County, New York, are
hereby jointly pledged for the payment of the principal of and
interest on said joint bonds as the same become due and
payable. The principal of said joint bonds and the interest
thereon shall be apportioned annually among said Towns and said
Villages in accordance with the Intermunicipal Agreement
Supplement hereinabove referred to in the recitals 'of this
resolution, on the ratio which the consumption of water from
the system in each of said municipalities bears to the full
consumption from the entire inter - municipal water distribution
facility, such .ratio to be annually determined in accordance
with the aforesaid Intermunicipal Agreement Supplement, the
r1
�i
49
-7-
® share of said principal and interest to be borne by the
aforesaid Towns, shall be annually assessed, levied and
collected within said Towns as follows:
a) From the several lots and parcels of land in each
of the Water District Nos. 1, No. 2, No. 3 and
No. 4 of the Town of Dryden, in the manner
provided by law.
b) From the several lots and parcels of land in the
Town of Ithaca Zebra Mussel Control Project Water
Improvement Area in proportion as nearly as may
be to the benefit which each lot or parcel of
' land therein will derive therefrom.
c) From the several lots and parcels of land in each
of the following Water Districts, being, McKinney
Water District, Lansing Water District No. 2,
Berg Warner Water District, Cima Water District
No. 5, Cima Water District No. 6 and Lansing
Water District No. 7, No. 9, No. 10, No. 11, No.
13, No. 14 and No. 15, in the Town of Lansing at
the same time and in the same manner as other
Town charges.
The Village of Cayuga Heights shall annually. levy and collect a
tax sufficient to pay the share of said principal and interest
to be borne by said Village, as the same may become due and
50
payable, and the Village of Lansing shall annually levy and
collect a tax sufficient to pay the share of said principal and
interest to be borne by said Village, as the same may become
due and payable.
If not paid from the aforesaid sources, all the taxable
real property in said Town of Dryden, and all the taxable real
property in said Town of Ithaca, and all the taxable .real
property in said Town of Lansing, and all the taxable real
property in said Village of Cayuga Heights, and all the taxable
real property in said Village of Lansing shall be jointly
subject to the levy of an ad valorem tax, without limitation as
to rate or amount sufficient to pay the principal of and
'
interest on said bonds as the same become due and payable.
Section 7. The validity of such joint serial bonds and
joint bond anticipation'notes may be contested only of:
1) Such joint bonds are authorized for an object
or purpose for which said Towns and said
Villages are not authorized to expend money,
or
2) The provisions of law which should be
complied with at the date of publication of
this • resolution are not substantially
complied with, and an action, suit or
proceeding contesting such validity is
'
commenced within twenty days after the date
of publication, or'
51
3) Such joint bonds are authorized in violation
of the provisions of the Constitution.
Section 8. Upon the adoption of this resolution by each
of the aforesaid Towns and the aforesaid Villages, and the
publication thereof with the notice. provided for herein, the
Clerks of each such Town and each such Village shall file
with the Clerk of each of the other Towns and of the
Villages a certified copy of this resolution and a printer's
affidavit or affidavits, as the case may be, of publication
thereof with the required notice or notices, as the case may
be.
Section 9. pursuant to Section 15.00(m) of the Local
Finance Law, the powers and duties of advertising such joint
bonds for sale, conducting the sale and awarding the bonds,
are hereby delegated to the Supervisor of the Town of
Ithaca, Tompkins County, New York, who on her own behalf and
on' behalf of the chief fiscal officers of the Towns of
Dryden and Lansing and the Villages of Cayuga Heights and
Lansing shall advertise such bonds for sale, conduct the
sale, and award the bonds in such manner as she shall deem
best for the interests of the aforesaid Towns and Villages;
provided, however, that in the exercise of these delegated•
powers, she shall comply fully with the provisions of the
' Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The
��
receipt of said Supervisor shall be a full acquittance to
the purchaser of such bonds, who shall not be obliged to see
to the application of the purchase money. All other matters
except as provided herein relating to the joint serial bonds
herein authorized including the date, denominations,
maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of
the same shall be determined by the Supervisor of the Town
of Ithaca on behalf of the chief fiscal officers of the
Towns of Ithaca, .Dryden and Lansing and the Villages of
Lansing and Cayuga Heights. 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 51.00 of the Local Finance Law, as
,said Supervisor shall determine consistent with the
provisions of the Local Finance Law. Such joint serial
bonds shall be in fully registered form and shall be signed
in the name of each Town and Village by the manual signature
of each respective chief fiscal officer and a facsimile of
the corporate seal of each Town and Village shall be
imprinted thereon and shall be attested by the manual
signatures of each respective Town or Village Clerk. It is
hereby determined that it is to the financial advantage of
,
53
each of the Towns and Villages not to impose and collect
from registered owners of such joint serial bonds 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.
Section 10. Any obligation issued under authority of
this resolution shall contain on its face a recital in
substantially the following form: "This obligation
evidences the joint indebtedness of the Town of Ithaca,
Tompkins County, New York, the Town of Dryden, Tompkins
' County, New York, the Town of Lansing, Tompkins County, New
York, the Village of Lansing, Tompkins County, New York, and
the Village of Cayuga Heights, Tompkins County, New York."
Section 11. Upon this resolution taking effect in and
with respect to this Village, and the adoption and taking
effect of similar resolutions of the respective. Town Boards
and Village Board of Trustees of the aforesaid Towns and
Villages, the same ' shall be published in full
in THE ITHACA JOURNAL , the official newspaper,
,together with a notice of the Village Clerk in substantially
the form provided in. Section 81.00 of the Local Finance Law.
Section 12. This resolution is adopted subject to
' permissive referendum in accordance with Section 36.00 of
the Local Finance Law and Article 9 of the Village Law.
n
0
54
The question 'of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as follows:
Trustee Collyer VOTING Yes
Trustee Perry VOTING Yes
Trustee Pimentel VOTING Yes
Trustee Wheeler
VOTING Yes
VOTING
The resolution was thereupon declared duly adopted.
It It It
Motion by Trustee Pimentel, seconded by Trustee Perry:
RESOLUTION 4302 - APPROVE SEQR FINDING BY COMMISSION
VOTED to approve the SEQR finding undertaken by the Southern Cayuga Lake Inter -
municipal Water Commission classifying this action as an Unlisted Action with
Negative Declaration of Significance. Trustees Collyer, Perry, Pimentel,
Wheeler voted Yes. * **
Motion by Trustee Wheeler, seconded by Trustee Pimentel:
RESOLUTION 4303 - AUTHORIZE DEPUTY MAYOR TO EXECUTE SUPPLEMENT TO
I AGREEMENT RE ZEBRA MUSSEL CONTROL PROJECT
VOTED to authorize Deputy Mayor Fleming to execute the Supplement to Agreement
of Municipal Cooperation for Construction, Financing and Operation of an In
Water Supply and Transmission System. Trustees Collyer, Perry,
Piment'el, Wheeler voted Yes. * **
Meeting adjourned at 6:50 PM
E
C;/GP�K -2. I
Anne Kroht
Clerk