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HomeMy WebLinkAboutTB Minutes 1994-05-09 Wexler namedTB Minutes 5 / 9 / 94 Page 9 . Mr .Walker said on this type of job there is a significant amount of sewers that are bypassed in the work zone because it is for the replacement . If the contractor is efficient they can save time and money . This would be approximately $ 3 , 000 to $ 4 , 000 per day . The contractor from the Inlet Valley Phase II project did not make money because he took twice as long as it could have , as opposed to the contractor in the first phase who moved right along . Engineering staff has evaluated that the contractor for this project is in the same class as the contractor in the Inlet Valley Phase I project . Motion made by Councilwoman Grigorov , seconded by Councilman Conley authorizing the Town Supervisor to Award the Contract for Construction of Sanitary Sewer Main Replacement South Hill , to J . Cappola Construction Company , Inc . of Endicott , New York upon approval by the Attorney for the Town of the contract documents along with the following conditions : 1 . The Contractor delivers three fully executed sets of the Agreement . 2 .The Contractor delivers to the Town with the executed agreement the Contract Security BONDS ) and verification of insurance as specified . 3 .The Contractor shall meet all applicable filing requirements as specified in the contract documents . Motion carried unanimously . Agenda Item No . 12 Public Hearing , Abandonment and Transfer Unopened Portion Orchard Street : The Supervisor opened the public hearing at 7 : 30 p . m . The Town Clerk had proof and posting of publication . Attorney Barney said 20 to 30 years ago when the Orchard Street and Roat Street subdivision was completed the map prepared showed a strip of land about 360 feet long and 50 feet wide extending from Orchard Street south as an unopened road to be dedicated as a Town road someday . The road has never been opened . Over the years the adjoining landowners have utilized the land . There is a drainage swale running through part of the land which eventually flattens out . One of the neighbors inadvertently built a garage that encroaches on the land , this became apparent during a survey when the property was offered for sale . As a result , the Town was approached as to whether the Town would be interested in abandoning any rights it has to the land . When a road is placed on a map it is an offer to cede that land to the Town for road purposes . The Town has never taken any action to accept the road . i i TB Minutes 5 / 9 / 94 Page 10 . The Town does wish to preserve some of its rights with respect to the drainage . It does not appear that the Town will ever put a road there . Through negotiations with all parties an agreement has been drafted saying the Town would abandon any rights it has in and to the strip , and simultaneously an easement to maintain the drainage would be conveyed by the landowner . Attorney Barney has reviewed the agreement and has some minor comments for revisions . Attorney Barney suggested the Town Board abandon this land subject to the agreement . The resolution would be subject to a permissive referendum . Supervisor Whitcomb opened the floor for comments . Tony Krizek , Roat Street addressed the Town Board and stated his father was the man who mapped the road on the subdivision for this property . Mr . Krizek was curious as to how this abandoned road will be divided between the owners . Attorney Barney said that one half will go to one property owner and one half will go to the other property owner . The easement will actually go over the pieces which will be conveyed . Legal title by the Town would be abandoned and then the Town would get the easement to maintain the ditch over that strip of land . Mr . Krizek said the ditch is the only way that the water can go . Mr . Krizek approved of this , and said the only reason the road was never put in was because no one wanted to have to pay to put the road in . Supervisor Whitcomb closed the public hearing at 7 : 33 p . m . Agenda Item No .13 - SEQR , Abandonment Transfer of Unopened Portion of Orchard Street : Motion made by Councilman Conley ,seconded by Councilwoman Grigorov making a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed RESOLUTION AUTHORIZING THE ABANDONMENT AND TRANSFER OF AN UNOPENED PORTION OF ORCHARD STREET , and an Environmental Impact Statement will not be required . Motion carried unanimously . Agenda Item No . 14 Resolution , Abandonment Transfer of Unopened Portion of Orchard Street : Motion made by Councilman Klein , seconded by Councilwoman Grigorov adopting the resolution authorizing the abandonment and transfer of the unopened portion of Orchard Street as prepared by the Attorney for the Town , see attached ) . Motion carried unanimously .