HomeMy WebLinkAboutTB 2023-088 Adoption Increase PIO Forest Home PumpMeeting of the Ithaca Town Board
215 N. Tioga Street, Ithaca, NY, Tompkins County
June 12, 2023 at 5:30 p.m. prevailing time
TB Resolution 2023 - 088: Order Increasing the Maximum Amount to be Expended for the Town of IthacaForest Home Pump Station Sewer Improvement Projectfrom $1,017,444 to $1,089,445
Present: Rod Howe, Supervisor; Members Rich DePaolo, Eric Levine, Bill Goodman, Pamela Bleiwas, Rob Rosen and Margaret Johnson Absent: None
Moved: Rob RosenSeconded: Pamela Bleiwas
Whereas, on March14, 2022, the Ithaca Town Board held a public hearing and subsequently adopted a Public Interest Order authorizing the Forest Home Pump Station Sewer Improvement (the
“Improvement”) and the establishment of the Forest Home Pump Station Sewer Improvement Area (“Sewer Improvement Area”), through TB Resolution 2022-032; and
Whereas, the notice of public hearing stated that the initially determined maximum estimated cost to said Sewer Improvement Area was $1,017,444, and the adopted Public Interest Order
stated that the maximum amount proposed to be expended by the Town of Ithaca for the Improvement is $1,017,444; and
Whereas, because of unanticipated increased construction costs in 2023, the Town Engineer of record has prepared a revised estimate of cost within the map, plan and report for the Improvement
by increasing the maximum estimated cost to the Sewer Improvement Area from $1,017,444 to $1,089,445; and
Whereas, no other changes are proposed to any aspect of the Improvement or Sewer Improvement Area; and Whereas, after said revisedmap, plan, and reportwith the increased estimate of
cost was filed in the office of the Town Clerk, the said Town Board did, onMay 22, 2023, duly adopt an Order describing the increase in the maximum amount to be expended by the Town
of Ithaca for the Improvement, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 12th day ofJune, 2023
at 5:30 PM Prevailing Time, for the purposes of conducting a public hearing on such proposal toincrease the maximum amount to be expended, and to hear all persons interested in the subject
thereof concerning the same; andWhereas, 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;
andWhereas, the Town Board now desires to authorize the increase in the maximum amount to be expended on the Improvement based on the evidence offered at such time and place; 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)
It is in the public interest to authorize the increase in the maximum proposed to be expended on the Improvement as hereinafter described; and be itFurther Resolved, that the Town Board
does hereby authorize the increase in 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, from $1,017,444 to $1,089,445; and be itFurther 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 itFurther 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:Rod Howe, Supervisor, aye; Rich DePaolo,aye; Eric Levine, aye; Bill
Goodman, aye; Pamela Bleiwas, aye; Rob Rosen and Margaret Johnson, aye
The Order was thereupon declared duly adopted.