HomeMy WebLinkAboutTB 2024-101 Order-Public Interest--Inlet Valley Sewer Improvement REVISED 10-07-24MEETING OF THE ITHACA TOWN BOARD
October 7, 2024
TB Resolution 2024 - 101: 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 Ithaca 2024 Inlet Valley Sewer Improvement and establishing the Town of Ithaca 2024 Inlet Valley 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 October 7,2024,
at 5:30 o’clock p.m., Prevailing Time.
Present: Rod Howe, Supervisor; Members: Rich DePaolo, Pamela Bleiwas, Margaret Johnson, Eric Levine and Susie Gutenberger
Moved: Margaret JohnsonSeconded: Pamela Bleiwas
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, ofsewer system improvements to be known and identified
as the Town of Ithaca 2024Inlet Valley Sewer Improvement (the “Improvement”), to provide such Improvement to the present Town sewer system to serve a benefitted area in said Town to
be known as Town of Ithaca 2024 Inlet Valley Sewer Improvement Area (the “Sewer Improvement Area”); and
Whereas, the Improvement proposed in connection with the establishment of the Sewer Improvement Areaconsists ofrepairing concrete, replacing electronic and control elements, replacing
pump system components, installing permanent natural gas generators, making minor site improvements, increasing the size of approximately 73 linear feet of an existing gravity sewer
main, and acquisition of approximately 0.12 acres of land, as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$1,278,685.00;
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 September 23, 2024 meeting, where the same were 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, and the 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 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 or the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become
due and payable; and
Whereas, said maximum estimated cost shall be authorized to be financed bythe expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement
Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance Law; and
Whereas, on September 23, 2024, 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 Ithaca2024Inlet Valley Sewer ImprovementArea, such public hearing to be held on October 7, 2024,
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, 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
approval, construction and implementation of the Town of Ithaca 2024 Inlet Valley Sewer Improvement and establishment of the Town of Ithaca 2024 Inlet Valley Sewer Improvement Area,
together with the related actions and approvals required by other boards and agencies (the “Project”), is an Unlisted action for which the Town of Ithaca Town Board, acting in an uncoordinated
environmental review with respect to the Project, has on October 7, 2024, made a negative determination of environmental significance, after having reviewed and accepted as adequate
the Short Environmental Assessment FormPart 1, prepared by the Town Engineer, and Parts 2 and 3, prepared by the Town Planning and Town Engineering Departments;and
Whereas, based on the evidence offered, it is now desired to authorize the Improvementto serve the area to be known as the Town of Ithaca 2024Inlet Valley Sewer Improvement Area, 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 Ithaca2024Inlet Valley Sewer ImprovementArea and to authorize, establish and make the Improvement
hereinafter described, and such Town of Ithaca2024Inlet Valley Sewer ImprovementArea is hereby established and the Improvement is authorized at a maximum estimated cost to said Sewer
Improvement Area of$1,278,685.00.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, plan and report 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 ofrepairing concrete, replacing electronic and control elements, replacing pump system components, installing permanent natural gas generators,
making minor site improvements, increasing the size of approximately 73 linear feet of an existing gravity sewer main, and acquisition of approximately 0.12 acres of land, as well as
other ancillary and incidental improvements and expenses in connection therewith, at a maximum cost to said Sewer Improvement Area of $1,278,685.00. The proposed method of apportioning
the costs of the Improvement should not be changed. The method of financing of said cost shall be by the expenditure of current revenues and surplus funds from sewer rents and charges
from said Sewer Improvement Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the forty year period prescribed by the Local Finance
Law.
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 the date this 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:
ROLL CALL: Rod Howe, aye; Rich DePaolo, aye; Pamela Bleiwas, aye; Margaret Johnson, aye; Eric Levine, aye; and Susie Gutenberger, aye