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HomeMy WebLinkAboutTB 2022-123 Order--Public Interest--IAWWTF Boilers 08-02-22MEETING OF THE ITHACA TOWN BOARD August 8, 2022 TB Resolution 2022 - 123: Public Interest Order - Sewer Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca2022 Boiler Replacement Sewer Improvementat the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca2022 Boiler Replacement Sewer Improvement Area 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 August 8, 2022, at 5:30 o’clock p.m., Prevailing Time. Present: Howe, DePaolo, Bleiwas, Goodman, Johnson, Levine, and Rosen Moved: Rod HoweSeconded: Rich DePaolo 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 the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca2022 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the “Improvement”), to provide such Improvement to the present Town sewer system, such Improvement to be jointly constructed and jointly owned bythe Town of Ithaca, City of Ithaca and Town of Dryden, all of which are co-owners of the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), to serve a benefitted area in said Town to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area (the “Sewer Improvement Area”); and Whereas, the Improvement proposed in connection with the establishment of the Sewer Improvement Area consists ofreplacingthe IAWWTF’s existing dual fuel boiler with two high efficiency non-condensing packaged boilers, disposal of the existing boiler, and other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of $650,000.00, which is $270,205, it being determined that the additional $379,795 of the $650,000.00 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk of said Town prior to the Town Board’s July 25, 2022 meeting, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, andthe Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Whereas, it is proposed that the cost of the Improvement allocable to the Town shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost; and Whereas,said $270,205maximum estimated cost, which is the cost of the project to be expended by the Town of Ithaca, shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and utilized therefor; and Whereas, on July 25, 2022,the Town Board of the Town of Ithaca duly adopted an Orderreciting 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, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca 2022 Boiler Replacement Sewer Improvement Area, such public hearing to be held on August 8, 2022, at 5:30 o’clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; and Whereas, the Town Board has determined approval, construction and implementation of the Improvementto be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQR) for the following reasons: the Improvement involves the purchase of equipment, and the replacement in kind of facilities on the same site;and thus per the SEQR regulations the Improvement will not have a significant adverse impact on the environment, and approval, construction and implementation of the Improvement are not subject to review under SEQR; and Whereas, based on the evidence offered, it is now desired to authorize the Improvementto serve the area to be known as theTown of Ithaca 2022 Boiler Replacement Sewer Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1.It is hereby determined that it is in the public interest to establish said Town of Ithaca 2022 Boiler Replacement Sewer Improvement Areaand to authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca 2022 Boiler Replacement Sewer Improvement Areais hereby established and authorized at a maximum estimated cost to said Sewer Improvement Area of $270,205.00.Said Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights.All of the property within said Sewer Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within said Sewer Improvement Area. Section 2.The proposed Improvement shall consist of replacingthe IAWWTF’s existing dual fuel boiler with two high efficiency non-condensing packaged boilers, disposal of the existing boiler, and other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of $650,000.00, which is $270,205, it being determined that the additional $379,795.00 of the $650,000.00 aggregate maximum cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden. The proposed method of apportioning the costs of the Improvement should not be changed.The method of financing of said cost by the Town of Ithaca shall be by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and utilized therefor. Section 3.It is hereby determined that the estimated expense of the Improvement does not exceed onetenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4.Pursuant to subdivision 6(d) of Section 209q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of thedatethis resolution 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 Improvement. Section 5.It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6.This resolution is adopted subject to permissive referendumin the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Eric Levine, aye; Pamela Bleiwas, aye; Margaret Johnson, aye and Rob Rosen, aye. Unanimous. The resolution was thereupon declared duly adopted.