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HomeMy WebLinkAboutTB Minutes 2017-08-31 SPECIAL MEETING OF THE ITHACA TOWN BOARD Thursday,August 31,2017 Noon,Aurora Room Agenda 1. Call to order 2. Discuss and consider a bond resolution for the Ellis Hollow Water Tank Engineering and Design Services Water Improvement (Public Interest Order) 3. Discuss and consider award of contract for the Ellis Hollow Water Tank Engineering and Design Services Water Improvement project 4. Consent Agenda a. Approve Town Board Minutes b. Approve Town of Ithaca Abstract 5. Adjournment MEETING OF THE ITHACA TOWN BOARD Thursday, August 31, 2017 Minutes Present: Bill Goodman, Tee-Ann Hunter, Eric Levine,Pamela Bleiwas and Pat Leary Staff: Jim Weber, Public Works, Bruce Bates, Codes, and Paulette Rosa, Town Clerk Meeting called to order at 12:02 p.m. 1. Discuss and consider bond resolution for the Ellis Hollow Water Tank Engineering and Design Services Water Improvement(PIO) Mr. Weber reviewed the RFP process and in coordination with the Public Works Committee and additional telephone interviews, the Committee recommends going with Larson Design Group who had more PE's on the project design, have experience with Bolton Point, indicated more boring tests than the others and were actively involved with staff during the RFP process. TB RESOLUTION NO. 2017- 098: BOND RESOLUTION - In the Matter of the Proposed Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area Improvements, in the Town of Ithaca, Tompkins Countv, New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 31st day of August, 2017, at 12:00 o'clock P.M.,Prevailing Time. The meeting was called to order by Bill Goodman, and upon roll being called, there were PRESENT: Supervisor Bill Goodman Councilperson Pamela Bleiwas Councilperson Tee-Ann Hunter Councilperson Patricia Leary Councilperson Eric Levine ABSENT: Councilperson Rich DePaolo Councilperson Rod Howe Moved by Bill Goodman; seconded by Tee-Ann Hunter A RESOLUTION AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR THE TOWN OF ITHACA ELLIS HOLLOW WATER TANK ENGINEERING AND DESIGN SERVICES WATER IMPROVEMENT AREA, IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. TB 2017-08-31 Pg 1 WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated July 31, 2017, said Town Board has determined it to be in the public interest to establish the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area (the "Area") and to make certain improvements therefore at a maximum estimated cost of $500,000; and WHEREAS, said improvements have 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, the implementation of which as proposed will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to provide funding for such improvements for said Area; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of engineering and design services for water system improvements, for the Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area consisting 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, and other related ancillary services therewith, at a maximum estimated cost of $500,000 there are hereby authorized to be issued $500,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $500,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five 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 not exceed five years. Section 4. The 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 such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Town of Ithaca Ellis Hollow Water Tank Engineering and Design Services Water Improvement Area which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to TB 2017-08-31 Pg 2 pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the 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 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the 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, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; 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 Town 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 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter 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 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 shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note TB 2017-08-31 Pg 3 issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose 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 twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies 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 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Bill Goodman, aye Councilperson Pamela Bleiwas, aye Councilperson Tee-Ann Hunter, aye Councilperson Patricia Leary, aye Councilperson Eric Levine, aye The resolution was thereupon declared duly adopted. TB 2017-08-31 Pg 4 2. Discuss and consider award of contract for the Ellis Hollow Water Tank Engineering and Design Services Water Improvement project TB Resolution 2017-099: Authorization to Award Contract for Ellis Hollow Water Tank Engineering and Design Services Water System Improvements Whereas: on July 31, 2017 the Town Board held a public hearing for providing Engineering and Design Services for the Ellis Hollow Tank Water Improvements, and Whereas: On July 12, 2017 the Town of Ithaca Director of Public Works/Highway Superintendent received proposals for the Ellis Water Tank and Water Main Extension Project, and Whereas: The members of Town Staff have reviewed the proposals and qualifications of the firms, presented recommendations to the Public Works Committee, conducted interviews and has recommended that the proposal of $84,750.00 for the study made by the firm of Larson Design Group is a qualified proposal, now therefore be it Resolved: that the Town Board of the Town of Ithaca authorizes the award of the contract for the consultant services for the Ellis Hollow Engineering and Design Services to Larson Design Group, Appalachian New York, subject to final approval of the contract documents by the Town Engineer and Attorney for the Town, and be it further Resolved: that the Town Supervisor is authorized to execute said contract upon such approval. Moved: Eric Levine Seconded: Pamela Bleiwas Vote: Ayes—Levine, Bleiwas, Hunter, Goodman and Leary 3. Discuss and consider setting a public hearing regarding the establishment of an Open Development Area for 128 Kendall Avenue Mr. Goodman explained that this has been discussed at Public Works,Planning Board and this Board and the action is needed to allow an existing house to renovate without the required road frontage; essentially it is a landlocked parcel with non-public road access. TB Resolution 2017 - 100: Set a public hearing regarding establishing an open development area for 185 Kendal Avenue Resolved that the Town Board will hold a public hearing regarding the establishment of an open development area for 185 Kendal Ave on Monday, September 11, 2017 after 5:30 p.m. to allow an opportunity for public comment on the issue. Moved: Bill Goodman Seconded: Pamela Bleiwas TB 2017-08-31 Pg 5 Vote: Ayes- Goodman, Bleiwas, Hunter, Leary and Levine 4. Consent Agenda TB Resolution 2017 - 101: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract Moved: Eric Levine Seconded: Pat Leary Vote: —Ayes—Levine, Leary, Hunter, Goodman and Bleiwas TB Resolution 2017- 101a: Approval of Town Board Minutes of July 10,2017 Resolved, that the Town Board hereby approves the submitted minutes, with any corrections, as the final minutes of the meeting on July 10, 2017 of the Town Board of the Town of Ithaca. TB Resolution 2017 - 101b: Town of Ithaca Abstract Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 1026 - 1153 General Fund Townwide 100,093.26 General Fund Part-Town 17,158.91 Highway Fund Part-Town 96,657.02 Water Fund 264,248.20 Sewer Fund 9,884.17 Risk Retention Fund 81.00 Fire Protection Fund 255,750.00 Forest Home Lighting District 194.02 Glenside Lighting District 74.06 Renwick Heights Lighting District 89.28 Eastwood Commons Lighting District 186.79 Clover Lane Lighting District 21.95 TB 2017-08-31 Pg 6 Winner's Circle Lighting District 69.09 Burleigh Drive Lighting District 74.93 West Haven Road Lighting District 234.90 Coddington Road Lighting District 139.56 Trust and Agency 7,000.00 Debt Service 350.00 TOTAL 752,307.14 Adjournment Meeting was adjourned upon a motion and a second. Submit ��t ''J� Paulette Rosa, Town Clerk TB 2017-08-31 Pg 7