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HomeMy WebLinkAboutTB 2023-023 Setting PH re PIO Boilers additional workMEETINGOFTHEITHACATOWN BOARD 215N.TiogaSt.,Ithaca,NYTompkinsCounty January 23, 2023 TB Resolution 2023–023: Order Setting a Public Hearing Regarding a Proposed SewerImprovement for the Town of Ithaca, Tompkins County, New York, pursuant to Article12-C of the Town Law, to be known as the Town of Ithaca 2023Phase 3 Boiler Replacement SewerImprovementattheIthacaAreaWastewaterTreatmentFacilityandestablishingtheTownofIthaca2023BoilerReplacementSewerImprovementAreaPresent:Rod Howe, Supervisor; Members Rich DePaolo, Bill Goodman, Eric Levine, Pamela Bleiwas, Margaret Johnson and Rob RosenMoved: Rod Howe Seconded: 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 TownBoard 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 Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the “Improvement”), to provide such Improvement to thepresent Town sewersystem, such sewer system Improvement to be jointly constructedand jointly owned by the 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 2023Phase 3 Boiler Replacement Sewer Improvement Area (the “Sewer Improvement Area”); and Whereas, the area of said Town determined to be benefited by said Sewer Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shallconsistoftheentireareaofsaidTownoutsideoftheVillageofCayugaHeightsasmorefully 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, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed 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 examination by any person or persons interested in the subject matter thereof; and Whereas, the Improvement proposed in connection with the establishment of the 2023 Phase 3 Sewer ImprovementAreaconsistsofend of life replacement of circulation pumps, modification to the existing boiler exhaust glue due to code issues, a retrofit intake to bring fresh air to the boilers, an upgrade to the Glycol Feed System, Instrumentation and Electrical Automation, and bonding and engineering costs, at a maximum estimated cost to the Sewer Improvement Area of 40.88% of $330,307 which is $135,029, it being determined that the additional $195,278 of the $330,307 aggregate maximum additionalcost 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 $135,029 maximum 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, it is proposed that the cost of the Improvement shall be borne by the real propertyinsaidSewerImprovementAreabyassessing,levyinguponandcollectingfromthe 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 maximum estimated cost is not greater than one-tenth of one percentum of the full valuation of the taxable real property in the area of the Town of Ithaca outside of any 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 the establishment of said Sewer Improvement Area; and Whereas, the Town Board has determined approval, construction and implementation of the Improvement to 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 purchaseof 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, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, 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, be it Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:Section1.ApublichearingshallbeheldbytheTownBoardoftheTownofIthaca, Tompkins County, New York, 215 North Tioga Street, in Ithaca, New York, in said Town, on February 13, 2023, at 5:30 o’clock P.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all personsinterestedinthesubjectthereofconcerningthesameandtotakesuchactionthereonasis required by law. Section2.TheTownClerkisherebyauthorizedanddirectedtocauseacopyofthis Order to be published once in the official newspaper, and also to post a copy thereof on theTown 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 accordance with the provisions of Section 209-q of the Town Law. Section3.This Ordershalltakeeffectimmediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Rich DePaoloaye; Bill Goodman, aye; Eric Levine, aye; Pamela Bleiwas, aye; Margaret Johnson, aye; and Rob Rosen aye. Theresolutionwasthereupondeclaredduly adopted.