HomeMy WebLinkAboutTB 2024-033 Approve NYSEG Easement and Intermunicipal Agreement South Hill Rec Way ExtMEETING OF THE ITHACA TOWN BOARD
April 8, 2024
TB Resolution 2024 - 033: Authorization to Sign an Easement with NYSEG and to Sign an Intermunicipal Agreement with the Towns of Dryden, Danby and Caroline for the potential South Hill
Recreation Way Extension
Whereas, the Town of Ithaca wishes to cooperate with the Towns of Caroline, Danby and Dryden to develop an extension of the South Hill Recreation Way from its present terminus at Burns
Road out to the Tioga County line; and
Whereas, the route of this trail extension follows the former railbed which is now owned by New York State Electric and Gas (NYSEG); and
Whereas, a draft easement with NYSEG has been prepared for this project and has been presented to this Board; and
Whereas, an intermunicipal agreementwith the Towns of Caroline, Danby and Dryden has been drafted setting forth the responsibilities and liabilities regarding this trail extension project
and has been presented to this Board; and
Whereas, NYSEG has offered to sell trail easements to the Towns based on a fair market appraisal price of $36,667, with the Town of Ithaca’s proportionate share being $6,618; and
Whereas,pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
acquisition of less than 25 acres of parkland is a Type II action, and the adoption of regulations, policies, procedures and local legislative decisions in connection with any action
on the Type II list is also a Type II action, pursuant to 6NYCRR Section 617.5(c)(39) and (33), and thus the acquisition of the easement and approval of the intermunicipal agreementare
not subject to review under SEQRA; and
Whereas, a public hearing was held pursuant to General Municipal Law Section 247; now, therefore, be it
Resolved, that the Town Board of the Town of Ithaca hereby approves andauthorizes the execution of the proposed easement with NYSEG for the potential extension of the South Hill Recreation
Way, and it is further
Resolved, that the Town Board of the Town of Ithaca authorizes the payment to NYSEG of $6,618 for the Town of Ithaca’s portion of such easement upon full executionof the easement, and
be it further
Resolved, that payment of said funds are to be made available wholly from moneys appropriated from surplus funds, which are sufficient funds to cover the purchase price and costs of
this transaction, and be it further
Resolved, that the Town Board of the Town of Ithaca hereby approves and authorizes the execution of the proposed intermunicipal agreement with the Towns of Dryden, Danby, and Caroline
regarding future maintenance of and other responsibilities and liabilities regarding the trail, and be itfurther
Resolved, that the Town Supervisor be, and hereby is, authorized and requested to take such steps (including the expenditure of Town surplus funds for easement purchase, recording fees,
filing fees, and other real estate fees and expenses), and to execute all such documents (including the easement and intermunicipal agreement) as are deemed necessary to effectuate such
easement and the purposes of this resolution.
Moved: Eric LevineSeconded: Rich DePaolo
Vote: ayes – Levine, DePaolo, Howe, Rosen, and Johnson