HomeMy WebLinkAboutTB 2023-119h Endorse Dissolution Plan West Haven Road Lighting DistrictMEETING OF THE ITHACA TOWN BOARD
July 31, 2023
TB Resolution 2023 - 119: Endorsing this Proposed Dissolution Plan for the West Haven RoadLighting District and Setting a Public Hearing on Same
Whereas, in 2021, the Town of Ithaca purchased from NYSEG the nineteen (19) streetlights in the West Haven Road Lighting District, and in 2023 the Town upgraded the streetlights to LED
lights; and
Whereas, there are seventy-nine (79) tax parcels located within the West Haven Road Lighting District in 2023, and future annual costs for the District’s electricity and streetlight
maintenance are estimated to be around OneThousandFour Hundred Forty-Six Dollars ($1,446) in current dollars; and
Whereas, because the Town’s bookkeeping burden and administrative expenses for the West Haven Road Lighting District are disproportionate to the District’s minimal future costs, the
Town Board of the Town of Ithaca (Town Board) is considering dissolution of the West Haven Road Lighting District and paying for the costs of the Town’s lighting districts, once dissolved,
through real estate taxes raised on a townwide basis pursuant to New York Highway Law §327; and
Whereas, New York General Municipal Law §773(2)(a) provides that the Town Board may commence a dissolution proceeding for the West Haven Road Lighting District, which is a local government
entity, by endorsing a proposed dissolution plan; now, therefore be it
Resolved, pursuant to General Municipal Law § 774, the Town Board endorses the following proposed dissolution plan for the purpose of commencing dissolution proceedings for the West
Haven Road Lighting District:
(a) The name of the local government entity to be dissolved is theWest Haven Road Lighting District;
(b) The territorial boundaries of the entity were established when the Town Board adopted its November 5, 1992 resolution and order establishing the entity; the territorial boundaries
of the entity have not changed and are described in said resolution and order as follows:
COMMENCING at a point in the south line of Mecklenburg Road, which point is located 175 feet easterly along the south line of Mecklenburg Road from its intersection with the east line
of West Haven Road, and which point is in the easterly line of tax parcel 28-2-6.302 (as shown on the tax maps revised through May 1, 1980) and running along the boundary line between
said tax parcel 6.302 and tax parcel 28-2-13 through 8, crossing another strip of land associated with tax parcel 28-2-6.302 and along the easterly boundary line of said tax parcel with
tax parcel 28-2-7a distance of approximately 1,680 feet to a point in the north line of tax parcel 28-2-6.21; running thence easterly approximately 40 feet along the north line of said
tax parcel 6.21 to the northeast comer of same; running thence southerly along the easterly line of tax parcels 28-2-6.21 and 6.22 a distance of approximately 900 feet to a point in
the southeast comer of tax parcel 28-2-6.22 reputedly owned by Deborah C. Mitchell; running thence easterly along the southerly line of said tax parcel 28-2-6.22 a distance of approximately
83 feet to thenortheast comer of tax parcel No. 29-6-32.2 reputedly owned by the Axtell Estate; running thence southerly along the easterly line of said tax parcel 29-6-32.2 and tax
parcel 29-6-32.1 andacross another strip of land connected to tax parcel 28-2-6.1 a total distance of approximately250 feet to the north line of tax parcel 29-6-31 reputedly owned by
Endo and Boue; runningthence easterly along the north line of said Endo-Boue parcel a distance of approximately 33 feetto the north line of said Endo-Boue parcel; running thence southerly
along the easterly line oftax parcels 29-6-29, 28, 27,26 and 25 and continuing across a strip of land connected to taxparcel 29-6-24.1 and further along the east lines of tax parcels
29-6-23,22,21,20 and a portionof 19 a total distance of approximately 1,152 feet to a point in the north line of tax parcel 29-6-13.1 which point is also in a southerly line and comer
of tax parcel No. 29-6-19 reputedlyowned by Edward and Jane Strite; running thence westerly along said Strite parcel a distanceof approximately 65 feet to a comer in the Strite parcel;
running thence southerly along aneasterly line of the Strite parcel a distance of approximately 100 feet to a point in the southerlyline of said Strite parcel; continuing southerly along
the easterly line of tax parcels 29-6-18.1and 18.2 a distance of approximately 240 feet to a comer in tax parcel 29-6-18.2 reputedlyowned by Larry Burdge; running thence easterly along
a portion of the Burdge line a distanceof approximately 25 feet to a comer; running thence southerly along an easterly line of theBurdge parcel a distance of 40 feet to the southeast
comer of said Burdge parcel; running thencewesterly along the south line of said Burdge parcel a distance of 100 feet to the northeast cornerof tax parcel29-6-16.1 reputedly owned by
James and Mary Robertson; running thence southerlyalong the easterly line of said Robertson parcel a distance of approximately 145 feet to the northline of Elm Street Extension; running
thence westerly along the north line of Elm StreetExtension and across West Haven Road and continuing along the north line of Elm StreetExtension a total distance of approximately 360
feet to a west line of tax parcel 29-4-8 reputedlyowned by John and Tammy Wilcox; running thence northerly along the west line of said Wilcoxparcel a distance of approximately 175 feet
to the south line of tax parcel 29-4-7 reputedlyowned by Richard and Margaret Coutre; running thence westerly along said Coutre parcel adistance of approximately 134 feet to the southwest
comer of said Coutre parcel; running thencenortherly along the west line of said Coutre parcel and the west line of tax parcels 29-4-6, 5,4,3,2 and 1, and continuing across tax parcel
28-1-28.2 and along the west line of tax parcel 29-5-7, 6, and 5 to the northwest comer of said tax parcel 29-5-5 reputedly owned by Haroldand Doris VanAllen; running thence easterly
along the north line of said VanAllen premises adistance of approximately 157 feet to the southwest comer of tax parcel 29-5-4.1 reputedlyowned by Isadora Becker; running thence northerly
along the west line of said Becker propertyand the west line of tax parcel 29-5-4.2 a distance of approximately 197 feet to the south lineof tax parcel 29-5-3 reputedly owned by Michael
and Lisa Lofgren; running thence westerlyalong the southerly line of said Lofgren parcel a distance of approximately 162 feet to thesouthwest comer of said Lofgren parcel; running thence
northerly along the west line of saidLofgren parcel, the west line of tax parcel 29-5-2,across a portion of tax parcel 28-1-28,2,andalong the west line of tax parcel 29-5-1.2 reputedly
owned by Donald and Jenevieve Henry atotal distance of approximately 250 feet to the northwest comer of said Henry parcel; runningthence northerly along the east line of tax parcel 28-1-26.3
reputedly owned by Frank and RoseFlacco a distance of approximately 590 feet to the northwest comer of said Flacco parcel;running thence easterly along the north line of said Flacco
parcel a distance of approximately200 feet to the southwest comer of tax parcel 28-1-26.1; running thence northerly along thewesterly line of said tax parcel 28-1-26.1 a distance of
approximately 160 feet to the northwestcomer of said tax parcel 28-1-26;1; continuing northerly on the extended west line of said taxparcel an additional distance of 150 feet to a point;
running thence westerly a distance ofapproximately 50 feet to a point which intersects with the westerly line of tax parcel 28-1-26.5reputedly owned by Robert and Elizabeth Hesson extended
150-feet to the south; running thencenortherly along said extended west line and the west line of said Hesson parcel a distance ofapproximately 300 feet to the northwest comer of said
Hesson parcel; and continuing northerlyalong an extended west line of said Hesson parcel a distance of approximately 1260 feet to thesouth line of Mecklenburg Road; running thence easterly
along the south line of MecklenburgRoad a distance of approximately 400 feet to the point or place of beginning.
The current tax parcel numbers that are within said territorial boundaries are:
28.-1-26.1
28.-1-26.3
28.-1-26.5
28.-1-26.22
28.-1-26.23
28.-1-26.24
28.-1-26.85
28.-1-26.85/1
28.-1-26.85/2
28.-1-26.85/4
28.-1-26.221
28.-1-26.222
28.-1-26.223
28.-1-26.224
28.-1-26.225
28.-1-26.226
28.-1-26.227
28.-1-26.228
28.-1-26.229
28.-1-27
28.-1-28.227
28.-2-1
28.-2-6.21
28.-2-6.22
28.-2-6.302
28.-2-7
28.-2-8
28.-2-9
28.-2-10
28.-2-11
28.-2-12
28.-2-13
28.1-1-18
28.1-1-18./2
28.1-1-18./4
28.1-1-18./5
28.1-1-18./6
28.1-1-18./7
28.1-1-18./8
28.1-1-18./9
28.1-1-18./201
29.-4-1
29.-4-2
29.-4-3
29.-4-4
29.-4-5
29.-4-6
29.-4-7
29.-4-8
29.-5-1.2
29.-5-2
29.-5-3
29.-5-4.1
29.-5-5
29.-5-6
29.-5-7
29.-5-8
29.-6-13.1
29.-6-13.5
29.-6-13.6
29.-6-16.1
29.-6-18.1
29.-6-18.2
29.-6-19
29.-6-20
29.-6-21
29.-6-22
29.-6-23
29.-6-24.1
29.-6-24.5
29.-6-25
29.-6-26
29.-6-27
29.-6-28
29.-6-29
29.-6-30
29.-6-31
29.-6-32.1
29.-6-32.2
(c) The type and/or class of the entity is a lighting district that the Town Board formed pursuant to Town Law Article 12;
(d) The Town Board estimates that the cost of dissolution of the West Haven Road Lighting District is One Thousand Dollars ($1,000), which is the cost of associated legal fees and the
publication cost of legal notices;
(e) The West Haven Road Lighting District has no public employees, so it does not need to provide any plan for the transfer or elimination of public employees;
(f) The West Haven Road Lighting District’s assets are as follows: Nineteen (19) streetlights purchased from NYSEG in 2021 for Five Thousand SixHundredSixteenDollars ($5,616). The streetlights
were upgraded to LED lights in 2023 for an estimated cost of Seven Thousand Three Hundred Thirty-Three dollars ($7,333).The fair value thereof in current money of the United States is
Twelve Thousand Nine Hundred Forty-NineDollars ($12,949). On December 31, 2022, the West Haven Road Lighting District had an available fund balance of Six Thousand One Hundred Four Dollars
($6,104). The Town assessed property tax of Three Thousand Nine Hundred FiftyDollars ($3,950) to sixty-seven (67) parcels within the Lighting District in 2023, proportionately allocated
based on road frontage. The estimated expenses for 2023 (including the cost of conversion to LED lights,eight (8) months of streetlight maintenance, and electricity) areEightThousand
Nine Hundred Forty-Seven Dollars ($8,947). Any residual funds (estimated to be One Thousand One Hundred Seven Dollars ($1,107)) left at 12/31/2023 will be moved to the Town’s General
Fund to offset future costs;
(g) The West Haven RoadLighting District does not have any liabilities and indebtedness, bonded or otherwise, except as follows: The Town, on behalf of the District, owes the New York
Power Authority and/or its contractors Thirteen Thousand Seven Hundred Eleven Dollars ($13,711) for LED conversions. This amount has not yet been billed to the Town. The Town anticipates
rebates of Six Thousand Three Hundred Seventy-Eight Dollars ($6,378), which results in a net indebtedness of Seven Thousand Three Hundred Thirty-Three Dollars ($7,333);
(h) There are no agreements entered into between the West Haven Road Lighting District and the Town of Ithaca in order to carry out the dissolution;
(i) following the dissolution of the West Haven Road Lighting District, the residents of the West Haven Road Lighting District will continue to be furnished municipal street lighting
services by the Town of Ithaca, which will be paid for by real estate taxes raised on a townwide basis pursuant to New York Highway Law §327;
(j) The entity's assets shall become assets of the Town of Ithaca. The terms for the disposition of the entity's liabilities and indebtedness are as follows: The amount of the entity’s
indebtedness(if any) to New York Power Authority and/or its contractorsas of December 31, 2023 as described in subsection g above shall be paid by moving the entity’s fund balance (which
is adequate to pay its indebtedness) to the Town’s General Fund and paying them from the General Fund. There will be no need for the levy and collection of additional taxes and assessments
for the entity’s outstanding liabilities and indebtedness as of December 31, 2023;
(k) There are no local laws, ordinances, rules or regulations of the West Haven Road Lighting District which shall remain in effect after the effective date of the dissolution;
(l) The effective date of the proposed dissolution is December 31, 2023;
(m) The time and place for a public hearing on the proposed dissolution plan pursuant to New York General Municipal Law § 776 is September 11, 2023 at 5:30 p.m. in the Board Room, Ithaca
Town Hall, 215 N. Tioga Street, Ithaca, NY 14850;
(n) There are no other matters desirable or necessary to carry out the dissolution; and be it further
Resolved, that the Town Clerk for the Town of Ithaca shall post, publish and display the proposed dissolution plan and provide notice to the public as required by New York General Municipal
Law § 775; and be it further
Resolved, that the Town Board shall hold a public hearing on the proposed dissolution plan onSeptember 11, 2023 at 5:30 p.m. in the Board Room, Ithaca Town Hall, 215 N. Tioga Street,
Ithaca, NY 14850, and at such time and place all persons interested in the proposed dissolution plan may be heard concerning the same; and be it further
Resolved, that following the conclusion of the public hearing, the Town Board shall meet to take such other and further action on the part of said Board with relation thereto as may
be authorized and prescribed by law, which may include a resolution approving a final version of the West Haven Road Lighting District dissolution plan.
Moved: Bill GoodmanSeconded:Rich DePaolo
Vote: ayes- Howe, DePaolo, Rosen, Goodman, & Johnson