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HomeMy WebLinkAboutTB Minutes 2017-07-31 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Rosa, 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/NOTICE 7NOTICE OF PUBLIC HEARINGS ❑ NOTICE OF ESTOPPEL i - ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST TOWN OF ITHACA ORDER PUBLIC HEARING NOTICE SUBJECT TO PERMISSIVE REFERENDUM SPECIAL MEETING OF THE ITHACA TOWN BOARD 215 N.Tloga St., Ithaca,NY Tompkins County Public Hearing re Engineering and Design Services for July 17.2017 at 12:00 p.m. the Ellis Hollow Water Tank Resolution 2017 - 083: Order Setting a Public Hearing Ree a�ing_E�nneering. and Design Services for a Pro- o�sed Water niprovement for the Town of Ithaca,.Tomp- kins County-_New York _pursuant to Article 12-C of the T h I.eW. to b.-known-as the Town of Ithaca Ellis 0 ow Water Tank nt Engineering and Design Services Improvemeand es[ablis�i Ing the Town of Ithaca 0 ow Water Tank_Enginwrina end Design.,Services afar morovement Area Location of Sign Board Used for Posting: Present: Bin Goodman, Rich DePaolo, Tee-Ann Hunter, Town Clerk's Office Eric Levine, Pat Leary, Rod Howe and Pam Bleiwas Moved: Seconded: 215 North Tioga Street Whereas, a map, plan and report, Including an estimate Ithaca, NY 14850 of cost, have been duly prepared In such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, to provideengineering and design services re- lating to proposed water system?Improvements, pursuant Town website at www.town.ithaca.nv.us to Article 12-C of the Town Law,to be known and identi- fied as the Town of Ithaca Ellis Hollow Water Tank Engi- neering and Design Services Water Improvement, and hereinafter also referred to as the "Improvement," to provide such water Improvement to the present Town water system, to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Water Tank Date Of Posting: Engineerinand Design Services Water Improvement g Area, and hereinafter also referred to as the "Water Im- Date of Publication: 7/20/2017 provement Area";and Whereas, said map, plan and report, Including estimate of cost, were prepared by a competent engineer, duly li- censed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for exami- nation by any person or persons interested in the subject matter thereof,and Whereas, the area of said Town determined to be bene- Paulette Rosa fited by said Town of Ithaca Ellis Hollow Water Tank En- gineering and Design Services Water Improvement Area Town Clerk consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayu- ga Heights; and Whereas, the Improvement proposed In connection with the establishment of the Water Improvement Area cc n- sists of engineering and design services, and preparation STATE OF NEW YORK) of construction documents for a potential new 600,000 COUNTY OF TOMPKINS) SS: ealign steel Hungerford'glass-lined water ada an,proximatelyto 300 be locsouth ed on Hun ,p of the Hungerford Hill Road/E 11 is Hollow Road intersec TOWN OF ITHACA) tion, Installation of approximately 4,000 LF of 12" and 10^ water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the �,` new tank location on Hungerford Hill Road, the Sworn t d subscribed before me this -day Of �,'Y� modification/reconstruction of a control building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, and other related ancillary services, at an initially determined maximum estimated 12017. cost to said Water Improvement Area of$500,000.00;and Whereas, said $500,000.00 maximum estimated cost, which Is the cost of the pro ect, shall be authorized to be financed, at the option of the Town, by temporary fi- nancing under use of available reserves or a bond antici- pation note, and upon maturity of a bond anticipation note, the Issuance of serial bonds with a maximum ma- turity not in excess of the five (5) year period prescribed by the Local Finance Law, or directly by the issuance of Otary Public such bonds;and Whereas, it Is proposed that the cost of the aforesaid im- provements shall be borne by the real property in said Water Improvement Area by assessing, levying upon and Debra DeAugistine collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, Notary Public•state Of New York which the Town Board shall determine and specify to be No.O1DE61-08035 especially benefited by the Improvements, an amount ountysufficient to pay the principal and interest on serial bonds Ouissionied E Tompkins 19,20 and bond anticipation notes issued in anticipation of the my Commission Expires June 19,20 pasuance yable of serial bonds, as the same become due and Whereas, it is now desired to call a public hearing for the Purpose of considering said map, plan and report, Includ- ing estimate of cost, and the providing of the Improve- ment, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law, Now, therefore, it is hereby ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as Section 1. A public hearing shall be held by the Town Ocard of the Town of Ithaca, Tompkins County, New York, at Town Hail, 215 N.Tioga St., Ithaca, in said Town, on the 31st day of July, 2017, at 11:15 A.M., Prevailing Time, to consider the aforesaid map, plan and report, in- cludinq estimate of cost, and the question of providing the Improvement, and to hear all persons Interested in the subject thereof concerning the same and to take such action thereon as Is required by law. Section 2. The Town Clerk is hereby authorized and di- rected to publish a Notice of Public Hearing regarding the aforesaid improvement to be published once in the official newspaper, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all In accord- ance with the provisions of Section 209-q of the Town Law. Sectio_n_3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call,which resulted as follows: The Order was thereupon declared duly adopted. Paulette Rosa Town Clerk 720/2017 SPECIAL MEETING OF THE ITHACA TOWN BOARD Town Hall, 215 N. Tioga St., Ithaca,NY,Tompkins County July 31, 2017 at 11:15 a.m. prevailing time Minutes Present: Board members: Bill Goodman, Tee-Ann Hunter, Pamela Bleiwas and Pat Leary and Paulette Rosa, Town Clerk Mr. Goodman opened the public hearing at 11:15 a.m. There was no one present and the public hearing was closed. Mr. Goodman gave an overview on the public interest order. TB Resolution No. 2017-087: PUBLIC INTEREST ORDER In the Matter of Providing Engineerinu and Design Services for a Proposed Water Improvement in the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement, and establishinu the Ellis Hollow Water Tank Engineering and Desiun Services Water Improvement Area Present: Bill Goodman, Supervisor; Board Members Pamela Bleiwas, Pat Leary, and Tee-Ann Hunter Motion made by Bill Goodman, seconded by Pamela Bleiwas WHEREAS, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to providing engineering and design services for proposed water system improvements, pursuant to Article 12-C of the Town Law, to be known and identified as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement, and hereinafter also referred to as the "Improvement,"to provide such water Improvement to the present Town water system, to serve a benefitted area in said Town to be known as the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area, and hereinafter also referred to as the "Water Improvement Area'; and WHEREAS, after said map, plan and report, including an estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on July 17, 2017, duly adopt an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, and specifying that said Town Board shall meet at the Town of Ithaca Town Hall, in Ithaca, New York, in said Town, on the 31st day of July, 2017 at TB Minutes 2017-07-31 pg. 1 12:00 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same; and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place; and WHEREAS, at a special meeting on July 31, 2017, the Town Board determined approval and implementation of the Improvement, which is 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, will not result in any significant adverse environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement the area of the Town described as follows and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: the Improvement proposed in connection with the establishment of the Water Improvement Area consists of engineering and design services, and preparation of construction documents for a potential new 600,000 gallon steel glass-lined water tank proposed to be located on Hungerford Hill Road approximately 300 LF south of the Hungerford Hill Road/Ellis Hollow Road intersection, installation of approximately 4,000 LF of 12" and 10" water main, beginning in the area of the intersection of Pine Tree Road/Ellis Hollow Road and ending at the new tank location on Hungerford Hill Road, the modification/reconstruction of a Control Building located on Pine Tree Road south of the Pine Tree Road/Ellis Hollow Road intersection, TB Minutes 2017-07-31 pg. 2 and other related ancillary services, at an initially determined maximum estimated cost to said Water Improvement Area of$500,000.00, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca Ellis Hollow Water Tank Engineering & Design Services Water Improvement Area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $500,000.00, which shall be financed as follows: at the option of the Town, by temporary financing under use of available reserves or a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed five (5) years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Water Improvement Area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, it is hereby determined that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent 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(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement, and be it FURTHER RESOLVED, that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, 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. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Bill Goodman, aye; Tee-Ann Hunter, aye; Pamela Bleiwas, aye; and Pat Leary, aye. TB Minutes 2017-07-31 pg. 3 Meeting was adjourned upon a motion and a second at 11:23 a.m. SubmitteKBy Paulette Rosa,Town Clerk 4