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HomeMy WebLinkAboutTB 2025-088 Order Setting PH--Cecil Malone sewer improvementMEETING OF THE ITHACA TOWN BOARD 215 N. Tioga St., Ithaca, NY Tompkins County August 11,2025 at 5:30 p.m. TB Resolution 2025- 088: Order Setting a Public Hearing Regarding a Proposed 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 Ithaca2025 Cecil Malone Sanitary Sewer Improvement and establishing the Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area Present: Rod Howe, supervisor; Members Eric Levine, Rich DePaolo, Susie Gutenberger and Margaret JohnsonMoved: Margaret JohnsonSeconded: Susie Gutenberger 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 2025 Cecil Malone Sanitary Sewer Improvement (the “Improvement”), to provide such Improvement to the present Town sewer system, such Improvement to be jointly owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca 2025 Cecil Malone Sanitary 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 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, 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 Improvementproposed in connection with the establishment of the Sewer Improvement Area consists ofreplacing approximately 250 LF of 8” Cast Iron forcemain with new 8” HDPE and installing 190 LF of 12” Steel Sleeves, as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of$208,579.50, which is $86,706.50; and Whereas, said maximum estimated cost shall be authorized to be financed 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; 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 any 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 is not greater than one-tenth of one per centum 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, 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 Improvement are a Type II action due to the Improvement being a “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site….”;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 209q of the Town Law; now,therefore, be it Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1.A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, at the Town Hall,215 North Tioga Street, in Ithaca, New York, in said Town, onAugust 25,at 4:30 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 persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2.The Town Clerk is hereby authorized to cause a copy of this Order to be published once in the official newspaper, and also to post a copy thereof on the Town 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 209q of the Town Law. Section 3.This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows:Rod Howe, Supervisor, aye; Members Eric Levine, aye; Rich DePaolo, aye; Susie Gutenberger, aye and Margaret Johnson, aye. The resolution was declared duly adopted.