Loading...
HomeMy WebLinkAboutTB 2023-141 Adopt Eastwood Commons Lighting District Dissolution PlanMEETING OF THE ITHACA TOWN BOARD September 11, 2023 TB Resolution 2023 -141: Approve the Dissolution Plan for the Eastwood Commons Lighting District Previously Endorsed by the Town of Ithaca Town Board on July 31, 2023 Whereas, by itsJuly 9, 1973 resolution and order, the Town of Ithaca Town Board (“Town Board”) established the Eastwood Commons Lighting District (the “District”) pursuant toTown Law Article 12-A; and Whereas, because the Town’s bookkeeping burden and administrative expenses for the District are disproportionate to the District’s minimal future costs, the Town Board is considering dissolution of the 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, pursuant to TB Resolution 2023-116 adopted on July 31, 2023 (“the TB Resolution”), the Town Board endorsed a proposeddissolution plan (“Dissolution Plan”) for the District and caused a copy of the Dissolution Plan and a summary thereof to be posted on the Town bulletin board and the Town website, and caused a summary of the Dissolution Plan to be published in the official newspaper of the Town, all as required under Article 17-a of theNew York General Municipal Law, including General Municipal Law §775; and Whereas,the TB Resolution specified that the Town Board would hold a public hearing on the proposed Dissolution Plan on September 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 Whereas, the notice of the public hearing was duly published and posted pursuant to the provisions of Article 17-a of theNew York General Municipal Law, including General Municipal Law §776; 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 and implementation of the Dissolution Plan are 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: they fall under 6 NYCRR §617.5(c)(26) [routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment] and 6 NYCRR §617.5(c)(33) [adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list]; and thus per the SEQR regulations said actions will not have a significant adverse impact on the environment, and they are not subject to review under SEQR; now, therefore be it Resolved, by the Town Boardof the Town of Ithaca, as follows:Section 1. That the Town Board has reviewed the Dissolution Plan and hereby determines and finds that such Dissolution Plan meets the requirements of Article 17-a of the New York General Municipal Law. Section 2. That the Dissolution Plan and summary thereof were duly placed for public inspection and on the Town’s website and the summary has been published, as required by Article 17-a of the New York General Municipal Law. Section 3. That the public hearing held on September 11, 2023, was conducted with due notice and within the timeframe required by Article 17-a of the New York General Municipal Law and is otherwise sufficient to meet the requirements of said Article 17-a. Section 4. That the Dissolution Plan is hereby approved, with the dissolution of the Eastwood Commons Lighting District to take effect on such date (December 31, 2023) and with such terms as are outlined in the Dissolution Plan. Section 5.Within ten days after adoption of this resolution, the Town Clerk shall record a with the Tompkins County Clerk and file with the Department of Audit and Control in Albany, New York copies of this Resolution, certified by said Town Clerk. Section 6.This resolution shall be effective immediately. Moved: Pamela BleiwasSeconded: Eric Levine Roll Call Vote: Rod Howe, aye; Rich DePaolo, aye; Eric Levine, aye; Pamela Bleiwas, aye; Rob Rosen, aye; and Margaret Johnson, aye.