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Home My WebLink About434431-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 4 Receipt No. 434431 DATE: 06/17/2003 Time: 15:25 Document Type: MISC RECORDS Parties To Transaction: PROPOSED PHOS Deed Information Consideration: Transfer Tax: RETT No: 00000 INSTRUMENT NUMBER *434431-001 * Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Mortaaae Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 111111111111111111111111111111111111111111111111111111111 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, JUNE 9, 2003 TB RESOLUTION NO. 2003- 067: PUBLIC INTERESET ORDER: Proposed Phosphorus Removal Project for the Sewage Treatment Plant At a meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 9th day of June, 2003, at 5:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson David Klein Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT: None In The Matter of the Proposed Phosphorus Removal Project For the Sewage Treatment Plant in The City of Ithaca Serving the Town of Ithaca to be known as the Joint Sewage Treatment Plant Phosphorus Removal PUBLIC INTEREST Improvement Project for the Town of Ithaca, ORDER Tompkins County, New York pursuant to Article 12-c of The Town Law. WHEREAS, a plan, report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the creation and construction, pursuant to Article 12-C of the Town Law of sewer system improvements to be known and identified as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and hereinafter also referred to as "improvement", to provide such sewer improvement, to the present sewage treatment plant in the City of Ithaca managed jointly with the Towns of Ithaca and Dryden providing sewage treatment services for the Town -wide sewer improvement, such sewer system improvement to be constructed and owned by the Town of Ithaca, Town of Dryden, and the City of Ithaca, and WHEREAS, said plan, report and map have been prepared by Stearns and Wheler, Professional Engineers, competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the area of said Town determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed Joint Sewage Treatment Plant Phosphorus Removal Improvement Project consists of the sewer improvements set forth below, as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk: Construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process streatn, adjacent to the final effluent channel at the jointly operated sewage treatment plant located at 525 Third Street, Ithaca, New York, together with associated controls, piping, and other structures. WHEREAS, the maximum proposed to be expended for the aforesaid improvement is $4,115,000 of which the "hown of Ithaca's share is not to exceed $1,681,800.50. The proposed method of financing the Town's share to be employed by said Town of Ithaca consists of payment of said Town's share out of the surplus funds and current revenues in the Town of Ithaca Sewer System Benefitted Area Fund; and WHEREAS, the implementation of this project will be through a joint agreement with the City of Ithaca and the Town of Dryden. WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on May 12, 2003, calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing of said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project, and the question of executing any related agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law and applicable provisions of the General Municipal Law and Local Finance Law; 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 were heard concerning the same; and WHEREAS, the construction of the proposed project has been determined to be an "Unlisted Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, the implementation of which as proposed, the Town Board has determined, will not result in any significant environmental effects; and 2 WHEREAS, it is now desired to authorize the improvement to be known as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project; NOW, 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 make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The proposed improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process streain, adjacent to [lie final effluent channel at the sewagc treatment plant located at525 Tlurd Street, Ithaca, New York, operated jointly for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden, together with associated controls, piping, and other structures. Section 3. The Town of Ithaca, subject to the approval of the voters of the Town of Ithaca if a referendum is requested, hereby authorizes the expenditure of up to $1,681,800.50, as the Town's share of the jointly funded project cost of $4,115,000.00 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project" and all of such actions being authorized pursuant to Section 209-q of the Town Law. Section 4. $4,115,000 is estimated as the maximum cost for Project and $1,681,800.50 estimated as the maximum amount of the Town's share of the cost of the Project. Section 5. The plan for the financing of the Town's share of the costs of the Project consists of payment from surplus funds of the Town of Ithaca Sewer Benefitted Area Account to pay for the costs of such renovation, expansion, construction and equipping costs. Section 6. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, 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 aforesaid improvement. Section 7. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 1 Oth of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 8. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 9. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. The question of adoption of the foregoing resolution was, upon motion made by Councilperson Councilwoman Russell, and seconded by Supervisor Valentino, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting Aye Councilperson Russell Voting Aye Councilperson Grigorov Voting Aye Councilperson Klein Voting Aye Councilperson Lesser Voting Aye Councilperson Niederkorn Voting Aye Councilperson Burbank Voting Aye The resolution was thereupon declared duly adopted. The undersigned, Town Clerk of the Town of Ithaca, does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on June 9, 2003. Tee -Ann Hunter, Town Clerk HEREBY CEI:M WI f M lOR8 M D A TRUE CC" OF A PMOLUTION ADWW K 7M TOWN BOARD OF 1W M TOMa r1_MCA �00lMTY.�NEW .W''� M 1Fre 1NlIOtf CF T1! BNE aurr roNrN C►.a`�r rd