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HomeMy WebLinkAboutTB Minutes 2010-12-30 l ! t` F Year-End Meeting of the Ithaca Town Board F Thursday, December 30 , 2010 at 10 : 00 a. m . �h q 215 North Tioga Street, Ithaca, NY 14850 Agenda 1 . Call to Order & Pledge of Allegiance 2 . 10 : 05 a . m . Public hearing for a proposed sewer improvement in 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 Hector St . Joint Interceptor Replacement Sewer Improvement a . Consider SEQR b . Approval of Public Interest Order 3 . 10: 10 a . m . Public hearing for a proposed Sewer Improvement in the Town of Ithaca , pursuant to Article 12 -C of the Town Law, to be known as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility a . Consider SEQR b . Consider Approval 4 . Continue discussing Committee Appointments 5 . Discuss and Consider Approval of Revised Public Works Job Descriptions 6 . Ratify the setting of a public hearing on January 10 , 2010 at 5 : 45 regarding Proposed Amendments To The 1993 Town Of Ithaca Comprehensive Plan Relating To Historic Resources And The Possible Adoption Of A New " Limited Historic Commercial' Floating Zone Re - hearing of the first of two required public hearings 7 . Discuss Town Board Meeting Schedules a . Set Organizational Meeting 8 , Consider Authorization of Persons to Perform Bank Transactions 90 Consent Agenda a . Approval of Minutes of December 13 , 2010 b . Approval of Year- End Vouchers 10 . Consider entering executive session to discuss proposed acquisition of real property. a$ OF Year-End Meeting of the Ithaca Town Board F Thursday, December 30, 2010 at 10 : 00 a. m . �s� q 215 North Tioga Street, Ithaca, NY 14850 Minutes Call to Order & Pledge of Allegiance Meeting was called to order at 10 : 04a . m . Mr. Engman read the Resolution of Appreciation passed at the Regular meeting of the Board for Town Board Member Susan Riha who had also served on the Town Planning Board . He also noted the Sustainability Awards the Town received from Sustainable Tompkins . 10 : 05 a. m . Public hearing for a proposed sewer improvement in 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 Hector St. Joint Interceptor Replacement Sewer Improvement Mr. Engman opened the public hearing at 10 : 08 a . m . There was no one wishing to address the Board on this topic and the hearing was closed . Consider SEQR (Attachment # 1 Ms . Leary moved the motion for discussion and Mr. Goodman seconded . Mr. DePaolo had concerns with item C5 of SEAR where the effect of the project is listed . There was a lengthy discussion on whether the improvement would encourage or allow for additional growth in the Town and how to make that clear on SEQR . This led to a discussion on why the improvement was done and the process followed . It was made clear that the City did not follow procedures or the agreement with the Town , but the improvement is completed and was necessary in the City's view to fix maintenance issues with the lines. The area has had issues with backups and drainage and this was intended to fix those problems . Discussion followed with Mr. DePaolo stating that he felt that this action was approving something that already happened and implied that we took the publics' input into consideration but we didn 't. He also felt that the intention of the improvements is not what matters with SEQR , it is the effect of the improvement. So whether the improvement was intended to allow for additional growth is not the question ; the question is whether it will allow for additional growth and if so , is that an environmental issue for SEQR . An amendment was moved by Rich DePaolo and seconded by Tee-Ann Hunter to read "This project is addressing maintenance issues due to the clogging of . the pipe . The 3a TB 1221 -2010 Final increase from 6" to 12" sanitary sewer interceptor could allow some future growth as currently zoned . " This was subsequently amended to add "it is not anticipated to provide additional capacity above what is already provided within the rest of the sewer line . " and finally amended to read : 'This project is addressing maintenance issues due to the clogging of the pipe . It will provide capacity equal to what is already provided within the rest of the sewer line in the city. The increase from 6" to 12" sanitary sewer interceptor could allow some future growth as currently zoned ." The vote was 6 to 1 with Rich DePaolo opposed to the amendment . The main motion to accept the SEAR as amended was then brought to a vote . TB RESOLUTION NO , 2010-235 : SEAR Determination — Establishment and Authorization of Town of Ithaca Hector Street Joint Interceptor Replacement Sewer Improvements WHEREAS , the Town of Ithaca Town Board has determined that the establishment and authorization of the Town of Ithaca Hector Street Joint Interceptor Replacement Sewer Improvements , as described in the Town Board 's Order Calling Public Hearing dated December 13 , 2010 , is an Unlisted action , pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 , and the Town of Ithaca Code , Chapter 148 — Environmental Quality Review , for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project , and WHEREAS , the Town Board , at its year end meeting held on December 30 , 2010 has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II , prepared by Town Public Works staff for this action ; now, therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a . negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . MOVED : Pat Leary SECONDED : Bill Goodman VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter and DePaolo Motion passed . Consider Approval of Public Interest Order There was some discussion on the heading and noting that the improvement is in the City. Ms . Hunter felt that the PIO is still . misleading . She had no issue with the concept of the order but the wording in the PIO still makes it sound like the action is not only the Page 2 of 12 TB 12=34`=201 0 Final financing , but the construction itself. Mr. Engman pointed out that this is not ideal but this was the way the Town had to handle this particular situation and the message_ to the City had been made very clear. A roll call vote was taken , with Ms . Hunter and Mr. DePaolo voting nay. TB Resolution No. 2010=236 At the Year- End 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 the 30th day of December, 2010 , at 10 : 05 o'clock A . M . , Prevailing Time . PRESENT : Herbert Engman , Supervisor; Councilpersons Bill Goodman , Pat Leary, Tee Ann Hunter, Susan Riha and Rich DePaolo In the Matter PUBLIC Of i INTEREST A Proposed Sewer Improvement for the ORDER Town of Ithaca , Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Hector St . Joint Interceptor Replacement Sewer Improvement. WHEREAS , a plan , report and map , 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 creation and construction , pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement , and hereinafter also referred to .as the " Improvement , " to provide such sewer Improvement including extensions , to the present Town sewer improvement , such sewer system Improvement constructed and owned by the Town .of Ithaca , and WHEREAS , after said plan , report and map , including estimate of cost , were prepared by a competent engineer, duly licensed by the state of New York , and filed in the office of the Town Clerk , the said Town Board did , on December 13 , 2010 , duly adopt an Order reciting the 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 plan , map and report describing the same are on file in the Town Clerk's office for public inspection , and specifying that said Town Board shall meet at the Town Hall , 215 North Tioga Street , in Ithaca , New York , in said Town , on the 30th day of December, 2010 at 10 : 05 AM Prevailing Time , for the purposes of conducting a public hearing on such proposal to Page 3 of 12 TB 12 -31 -2010 Final provide said Improvement , and to hear all persons interested in the subject thereof concerning the same , and WHEREAS , copies of said Order were duly published and posted according to law, and said Town Board did , at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof , who appeared at such time and place , concerning the same , and WHEREAS , the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place , and WHEREAS , at its Year- End Meeting on December 30 , 2010 , the Town Board determined approval , construction and implementation of the Improvement , which is 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 , will not result in any significant adverse environmental effects ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board that it be and hereby is determined as follows : ( 1 ) The notice of hearing was published and posted as required by law and is otherwise sufficient . . (2 ) That all of the property within the proposed benefited area is benefited by the proposed Improvement . (3) That all of the property benefited is included within the proposed benefited area . (4) That the proposed method of apportioning the costs of the Improvement should not be changed . (5) It is in the public interest to authorize , establish , and make the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement as hereinafter described , and be it FURTHER RESOLVED , that the Town Board does hereby approve , authorize and establish the Town of Ithaca Hector St . Joint Interceptor Replacement Sewer Improvement in the area of the Town described as follows and as more particularly shown and described in said plan , report and map presently on file in the office of the Town Clerk : This project consists of replacing approximately 959 feet , of 6" and 8"clay tile , with 12" PVC , of the jointly-owned sanitary sewer interceptor along Hector Street starting at the intersection with Sunrise Road and extending north until a manhole in front of house #417 , in the City of Ithaca , New York, and be it FURTHER RESOLVED , that the area hereby determined to be benefited by said Town of Ithaca Hector St . Joint Interceptor Replacement Sewer Improvement is all of that portion of the Town outside of the Village of Cayuga Heights , and be it FURTHER RESOLVED , that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited Page 4 of 12 TB 12 .3'1!2010 Final area , being the entire area of the Town outside of the Village of Cayuga Heights , and be it FURTHER RESOLVED , that the maximum proposed to be expended by the Town of Ithaca for the Improvement , including costs of rights of way, construction costs , legal fees and other expenses , is $ 99 , 876 . 71 , which shall be financed as follows : The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from sewer rents and charges from the Town of Ithaca sewer system benefited area , and be it FURTHER RESOLVED , that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q , and be it FURTHER RESOLVED , that the expense of the aforesaid Improvement does not exceed one -tenth of one per cent 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 (a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement , and be it FURTHER RESOLVED , that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order 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 aforesaid improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call , which resulted as follows : Ayes : Herb Engman , Susan Riha , Bill Goodman and Pat Leary Nays : Tee -Ann Hunter and Rich DePaolo The Order was thereupon declared duly adopted . 10 : 10 a. m. Public hearing for a proposed Sewer Improvement in the Town of Ithaca, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility The public hearing was opened at 10 : 57 with no one present , the hearing was closed and the matter brought to the Board for discussion . Page 5 of 12 � u TB 12 2010 Final Consider SEQR (Attachment #3) Minor changes were made to the SEAR resolution . TB RESOLUTION NO . 2010-237 : SEAR Determination — Establishment and Authorization of Town of Ithaca 2010 Enerqv Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility WHEREAS , the Town of Ithaca Town Board has determined that the establishment and authorization of the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility, as described in the Town Board's Order Setting Public Hearing dated December 13 , 2010 , is an Unlisted action , pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 , and the Town of Ithaca Code , Chapter 148 — Environmental Quality Review, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project , and WHEREAS , the Town Board , at its year end meeting held on December 30 , 2010 has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II , prepared by Town Public Works staff for this action ; now, therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . MOVED : Rich DePaolo SECONDED : Pat Leary VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter and DePaolo Motion passed Consider Approval of Public Interest Order TB Resolution No . 2010-238 At a Year- End 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 the 30th day of December, 2010 , at 10 : 10 o'clock A . M . , Prevailing Time , PRESENT : Herb Engman , Supervisor; Councilpersons : Bill Goodman , Pat Leary , Rich DePaolo , Tee -Ann Hunter and Susan Riha Page 6 of 12 TB 12-e--2010 Final In the Matter PUBLIC Of INTEREST A Proposed Sewer. Improvement in the ORDER Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility. WHEREAS , a plan , report and map , 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 creation and construction , pursuant to Article 12 -C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility, and hereinafter also referred to as the " Improvement , " to provide such sewer Improvement including extensions , to the present Town sewer improvement , such sewer system Improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , after said plan , report and map , including estimate of cost , were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk , the said Town Board did , on December 13 , 2010 , duly adopt an Order reciting 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 plan , map and report describing the same are on file in the Town Clerk's office for public inspection , and specifying that said Town Board shall . meet at the Town Hall , 215 North Tioga Street , in Ithaca , New York, in said Town , on the 30th day of December, 2010 at 10 : 10 A . M . Prevailing Time , for the purposes of conducting a public hearing on such proposal to provide said Improvement , and to hear all persons interested in the ,subject thereof concerning the same , and WHEREAS , copies of said Order were duly published and posted according to law, and said Town Board did , at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof , who appeared at such time and place , concerning the same , and WHEREAS , the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place , and WHEREAS , at its Year- End meeting on December 30 , 2010 , the Town Board determined approval , construction and implementation of the Improvement , which is an Page 7 of 12 3v TB 12 -X-2010 Final Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act , will not result in any significant adverse environmental effects , NOW , THEREFORE , BE IT RESOLVED , by the Town Board that it be and hereby is determined as follows : ( 1 ) The notice of hearing was published and posted as required by law and is otherwise sufficient . (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement . (3) That all of the property benefited is included within the proposed benefited area . (4) That the proposed method of apportioning the costs of the Improvement should not be changed . (5) It is in the public interest to authorize , establish , and make the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility as hereinafter described , and be it FURTHER RESOLVED , that the Town Board does hereby approve , authorize and establish the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility in the area of the Town described as follows and as more particularly shown and described in said plan , report and map presently on file in the office of the Town Clerk : The 2010 Energy Improvements Project involves the replacement of obsolete , inadequate , damaged , destroyed and worn out apparatus and equipment and the acquisition of additional apparatus and equipment , together with related ancillary facilities , at the Ithaca Area Wastewater Treatment Facility, . and consists of the improvements set forth below and as more particularly shown and described in said plan and report presently on file in the office of the Town Clerk : ( i) Lighting systems modifications , and ( ii ) Installation or upgrades to energy management systems , and ( iii) Energy efficiency improvements to the building envelope and HVAC systems , and ( iv) Replacement of the digester mixing equipment , cogeneration facility, heat exchanging equipment , boilers and aeration blowers and dissolved oxygen control systems , and be it FURTHER RESOLVED , that the area hereby determined to be benefited by said Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility is all of that portion of the Town outside of the Village of Cayuga Heights , and be it FURTHER RESOLVED , that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited area , being the entire area of the Town outside of the Village of Cayuga Heights , and be it Page 8 of 12 3a TB 12-301=2010 Final FURTHER RESOLVED , that the maximum proposed to be expended by the Town of Ithaca for the Improvement , including costs of rights of way, construction costs , legal fees and other expenses , is $ 3 , 100 , 362 , which shall be financed as follows : temporary financing under a bond anticipation note , and upon maturity of the bond anticipation note , the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years , such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca sewer system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same , and be it FURTHER RESOLVED , that this Order is subject to a permissive referendum in the manner provided in Town. Law Article 7 and Town Law Section 209 -q , and be it FURTHER RESOLVED , that the Town Clerk be and hereby is authorized and directed to file a certified copy of this Order in the office of the .State Department of Audit and Control , at Albany, New York , together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid Improvement , within 10 days after the adoption of this Order, and be it FURTHER RESOLVED , that the Town , Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town , and be it FURTHER RESOLVED , that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the receipt of notification of the approval of the State Comptroller, 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 . The question of the adoption of the foregoing Order was duly put to a vote on roll call , which resulted as follows : Herb Engman , Supervisor, Aye ; Councilpersons : Bill Goodman , Aye , Pat Leary, Aye ; Rich DePaolo , Aye ; Tee -Ann Hunter, Aye and Susan Riha , Aye . The Order was thereupon declared duly adopted . Continue discussing Committee Appointments Mr. Engman reported that the Director of the Human Services Coalition told him they had changed their bylaws and there is no Town Board appointment anymore . Some discussion on the ad -hoc committees and staff support . Page 9 of 12 oa TB 12 -X1 -2010 Final Discuss and Consider Approval of Revised Public Works Job Descriptions TB RESOLUTION NO . 2010-239 : Approval of Revised Job Descriptions WHEREAS , the Empioyee Relations Committee has reviewed suggestion cards pertaining to Commercial Drivers Licenses requirements in comparison to the needs of the Town ; and WHEREAS , the Human Resources Manager and Highway Superintendent have determined the need to revise several Public Works job descriptions to require all CDL drivers to add a Tank Endorsement to their license ; and WHEREAS , the Heavy Equipment Operator job description is revised to require a Class A license instead of a Class A or Class B license , in order to have drivers with the correct license to drive the heavier truck trailer combinations ; Now, therefore , be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached revised special requirements to be added to job descriptions for • Working Supervisor * Heavy Equipment Mechanic • Heavy Equipment Operator * Automotive Mechanic Assistant • Motor Equipment Operator * Deputy Highway Superintendent MOVED : Tee-Ann Hunter SECONDED : Pat Leary VOTE : Engman , Hunter, Leary , Goodman , DePaolo , and Riha Motion passed . Ratify the setting of a public hearing on January 10, 2010 at 5 : 45 regarding Proposed Amendments To The 1993 Town Of Ithaca Comprehensive Plan Relating To Historic Resources And The Possible Adoption Of A New " Limited Historic Commercial " Floating Zone Re-hearing of .the first of two required public hearings Ms . Terwilliger explained that the public hearing notice was already published to meet legal deadlines and this item was to inform and ask the Board to acknowledge the setting of the public hearing . The Board agreed . Discuss Town Board Meeting Schedules There was some discussion on the Study Sessions . It was decided that we should continue with the study sessions with the option of cancelling a particular meeting if it was not needed . Page 10 of 12 3 � TB 12w8l 2010 Final Set Organizational Meeting TB RESOLUTION NO . 2010=240 : Setting Organizational Meeting for 2011 RESOLVED , that the Town Board of the Town of Ithaca will hold its organizational meeting at Town Hall , 215 N . Tioga Street , Ithaca, New York on January 10 , 2011 beginning at 5 : 30 p . m . MOVED : Pat Leary SECONDED : Tee-Ann Hunter VOTE : Ayes : Engman , Goodman , Leary, Hunter, and DePaolo Abstention : Riha Motion passed . Consider Authorization of Persons to Perform Bank Transactions TB RESOLUTION NO . 2010— 241 : Authorization to Perform Banking Transactions BE IT RESOLVED , the Town Board of the Town of Ithaca does hereby authorize the incumbent in the following positions to perform banking transactions including check signing , fund transfers and withdrawals at the Town designated financial institutions : Town Supervisor Deputy Town Supervisor Finance Officer MOVED : Rich DePaolo SECONDED : Susan Riha VOTE : Engman , Goodman , Leary, Riha , DePaolo , and Hunter Motion passed Executive Session Motion made by Ms Riha , seconded by Ms . Hunter to enter executive session to discuss the acquisition of real property. Unanimous . 11 : 18 a . m . Motion made by Mr. Goodman , seconded by Ms . Leary to return to open meeting at 11 : 49 a . m . Unanimous End of Year Vouchers TB RESOLUTION NO . 2010-242 : Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it Page 11 of 12 TB 12 - ►1'--2010 Final RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . VOUCHER NOS . 9399 - 9532 General Fund Town wide 93, 029. 57 General Fund Part Town 70634 .31 Highway Fund Part Town 50,291 .21 Water Fund 387, 154. 28 Sewer Fund 14,095 .84 Warren Road Walkway 367502 . 12 Forest Home Traffic Calming 34,451 .53 Fire Protection Fund 259, 763.20 Risk Retention Fund 2 ,680.00 Forest Home Lighting District 170. 52 Glenside Lighting District 64.85 Renwick Heights Lighting District 90.31 Eastwood Commons Lighting District 183. 07 Clover Lane Lighting District 21 :93 Winner's Circle Lighting District 63.04 Burlei h Drive Lighting District 75.05 West Haven Road Lighting District 350. 43 Coddin ton Road Lighting District 40.02 Trust and Agency Debt Service 500. 00 TOTAL 887 , 161 .28 MOVED : Bill Goodman SECONDED : Tee-Ann Hunter VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter, and DePaolo Motion passed . TB RESOLUTION NO . 2010- 243 : Approval of Minutes of December 13, 2010 WHEREAS , the draft minutes of the December 13 , 2010 of the Town Board have been submitted for review and approval ; THEREFORE BE IT RESOLVED , that the governing Town Board hereby approves the submitted minutes as the final minutes of the December 13 , 2010 of the Town Board of the Town of Ithaca . MOVED : Rich DePaolo SECONDED : Bill Goodman VOTE : Ayes : Engman , Goodman , Leary, Hunter and DePaolo Abstain : Riha Motion passed . Resp ull Pau ette T(; tiger, Town Clerk Page 12 of 12 44f&\vet \ YEAR END MEETING OF THE ITHACA TOWN BOARD Thursday, December 30, 2010 TB RESOLUTION NO . 2010-235 : SEOR Determination — Establishment and Authorization of Town of Ithaca Hector Street Joint Interceptor Replacement Sewer Improvements WHEREAS , the Town of Ithaca Town Board has determined that the establishment and authorization of the Town of Ithaca Hector Street Joint Interceptor Replacement Sewer Improvements , as described in the Town Board ' s Order Calling Public Hearing dated December 13 , 2010 , is an Unlisted action , pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 , and the Town of Ithaca Code , Chapter 148 — Environmental Quality Review, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project , and WHEREAS , the Town Board , at its year end meeting held on December 309 2010 has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II , prepared by Town Public Works staff for this action ; now, therefore , be it r RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . MOVED : Pat Leary SECONDED : Bill Goodman VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter and DePaolo Motion passed . i a- G TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, being duly sworn , Town Clerk of the Town of Ithaca , Tompkins County , New York say that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : ORDER CALLING PUBLIC HEARINGS TOWN BOARD of the TOWN OF ITHACA MONDAY , December 30 , 2010 Re . . Town of Ithaca Hector St Joint Interceptor Replacement Sewer Improvement And Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility Date of Publication : Monday , December 16 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Monday, December 20 , 2010 Paulette Terwilliger Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 20th day of December, 2010 No ary Public Debra DeAugistine Notary Public - State of New York No. 01DE6148035 Qualified in Tompkins Coun my Commission Expires June 19, I TODAY ' S LEGAL NOTICES Legais 050 egais 050 Legals 050 tegais 050 Legals. 050 Legals ORDER SETTING fice hours for public inspec- ing shall be held by Town duly prepared in such man- obsolete, inadequate, dam- map, including estimate of PUBLIC HEARINGS tion, and Board of the Town of Itha- ner and in such detail as aged, destroyed and wom cost, and the providing of - At a regular meeting of the WHEREAS, the area of ca, Tompkins County. New has heretofore been deter- out apparatus and equip- the Improvement, and to Town Board of the Town of said Town determined to York, at the Town Hall, 215 mined by the Town Board ment and the acquisition of hear all persons interested Ithaca, Tompkins County, be benefited by said Town North Tioga Street, in Itha- of the Town of Ithaca. additional apparatus and in the subject thereof con- NY, held at the Town Hall, of Ithaca Hector St. Joint ca, New York, in said ' Tompkins County, New equipment, together with ceming the same, all in ac- 215 North Tioga Street, in Interceptor Replacement Town, on the 30th day of York, relating to the crea- related ancillary facilities, at cordance with the provi- Ithaca, New York, in said Sewer Improvement con- December 2010, at 10:05 tion and construction, pur- the Ithaca Area Wastewa- sions of Section 209-q of Town, on the 13th day of sists of the entire area of o'clock A.M., Prevailing suant to Article 12-C of the ter Treatment Facility, and the Town Law; December, 2010, called to said Town excepting Time, to consider the afore- Town Law, of sewer sys- consists of the improve- NOW, THEREFORE, IT IS order at 5:32 o'clock P.M., therefrom the area con- said plan, report and map, tem improvements to be ments set=,orth below. and HEREBY ORDERED, by the Prevailing Time. tained within the Village of including estimate of cost, known and identified as the as more particularly shown Town Board of the Town of PRESENT: Herb Engman, Cayuga Heights, and and the question of provid- Town of Ithaca 2010 Ener- and described in said plan Ithaca, Tompkins County, Supervisor; Councilmen Bill WHEREAS, the Improve- ing the Improvement, and gy Improvements Project and report presently on file New York, as follows: Goodman, Rich DePaolo, ment consists of the sewer to hear all persons interest- Sewer Improvement for the in the office of the Town Section 1 . A public hear- Tee-Ann Hunter, Eric Lev- improvements set forth be- ed in the subject thereof Ithaca Area Wastewater Clerk: ing shall be held by Town ine and Pat Leary low, and as more particular- concerning the same and to Treatment Facility, and (i) Lighting systems modifi- Board of the Town of Itha- In the Matter of A Pro- ly shown and described in take such action thereon as hereinafter also referred to cations, and ca, Tompkins County. New posed Sewer Improvement said plan, report and map is required by law. as 'Improvement,' to pro- (ii) Installation 'or upgrades York, at the Town Hall, 215 in the Town of Ithaca, presently on file in the of- Section 2. The Town vide such sewer Improve- to energy management North Tioga Street, in .ltha- Tompkins County. New fice of the Town Clerk: Clerk is hereby authorized ment to the present Town, systems, and ca, New York, in said York, pursuant to Article This project consists of re- and directed to cause a sewer improvement, such (iii) Energy efficiency im_ Town, on the 30th day of 12-C of the Town Law, to Placing approximately 959 copy of this Order with a sewer system Improvement provements to the building December 2010, at 10: 10 be known as the Town of feet, of 6' and 8'clay tile. Notice of Adoption to be to be jointly constructed envelope and HVAC sys- o'clock A.M.. Prevailing Ithaca Hector St. Joint In- with 12' PVC, of the jointly- published once in the offi- and jointly owned by the tems, and Time, to consider the afore- terceptor Replacement owned sanitary sewer inter- cial newspaper, and also to Town of Ithaca. City of Itha- (iv) Replacement of the di- said plan, report and map, Sewer Improvement ceptor along Hector Street post a copy thereof on the ca and Town of Dryden, all gester mixing equipment, including estimate of cost. WHEREAS, a plan, report starting at the intersection town signboard maintained of which are co-owners of cogeneration facility, heat and the question of provid- and map, including an esti- with Sunrise Road and ex- by the Town Clerk, not less the Ithaca Area Wastewa- exchanging equipment, boil- ing the Improvement, and mate of cost, have been tending north until a man- than ten (10) nor more than ter Treatment Facility, and ers and aeration blowers to hear all persons interest- . duly prepared in such man- hole in front of house #417, twenty (20) days before the WHEREAS, said plan, re- and dissolved oxygen con- ed in the subject thereof ner and in such detail as in the City of Ithaca, New day designated for the port and map. including es- trol systems, and concerning the same and to has heretofore been deter- York, and I hearing as aforesaid, all in timate of cost, were pre- WHEREAS, the maximum take such action thereon as mined by the Town Board WHEREAS, the maximum accordance with the provi- pared by a competent engi- proposed to be expended is required by law. of the Town of Ithaca, proposed to be expended sions of Section 209-q of neer, duly licensed by the by the Town of Ithaca for Section 2. The Town Tompkins County, New by the Town of Ithaca for the Town Law. State of New York, and the aforesaid Improvement Clerk is hereby authorized York, relating to the crea- the aforesaid Improvement Section 3. This Order have been filed in the office is $3. 100,363. The pro- and directed to cause a tion and construction, pur- is $99.876.71 . The pro- shall take effect immediate- of the Town Clerk of said posed method of financing copy of this Order with a suant to Article 12-C of the posed method of financing ly. Town, where the same are to be employed by said Notice of Adoption to be Town Law, of sewer sys- to be employed by said The question of the adop- available during regular of- Town of Ithaca consists of published once in the offi- tem improvements to be Town of Ithaca consists of tion of the foregoing Order fice hours for public inspec- temporary financing under cial newspaper, ,and also to known and identified as the expenditure of current rev- was duly put to a vote on tion. and a bond anticipation note, post a copy thereof on the Town of Ithaca Hector St. enues and surplus funds roll call, which resulted as WHEREAS, the area of and upon maturity of the town signboard maintained Joint Interceptor Replace- from sewer rents and follows: Engman. Aye; said Town determined to bond anticipation note, the by the Town Clerk, not less ment Sewer Improvement, charges from the Town of Goodman, Aye; Hunter, be benefited by said Town issuance of serial bonds of than ten ( 10) nor more than and hereinafter also refer- Ithaca sewer system bene- Aye; Leary, Aye; DePaolo, of Ithaca 2010 Energy Im- said Town of Ithaca to ma- twenty (20) days before the red to as "Improvement,' fited area, Aye; Levine, Aye Absent: provements Project Sewer ture in annual installments day designated for the , providing such sewer Im- WHEREAS, it is now de- Riha The Order was there- Improvement for the Ithaca over a period not to exceed hearing as aforesaid, all in , provement including exten- sired to call a public hearing upon declared duly adopt- -Area Wastewater Treat- 20 years, such bonds to be accordance with the provi- r pions, to the present Town for the purpose of consid- ed. e ment Facility consists of paid from assessments lev- sions of Section 209-q of sewer improvement, such ering said plan, report and ' the entire area of said ied upon and collected from the Town Law, t sewer system Improvement map, including estimate of In the Matter of A Pro- Town excepting therefrom the several lots and parcels Section 3. ' This Order jointly constructed and cost, and the providing of posed Sewer Improvement the area contained within of land in said Town of Itha- shall take effect immediate- jointly owned by the Town the Improvement, and to in the Town of Ithaca, the Village of Cayuga ca sewer system benefited ly. a of Ithaca and the City of hear all persons interested Tompkins County, New Heights, and area which are deemed The question of the adop- C Ithaca, and in the subject thereof con- York, pursuant to Article WHEREAS, the proposed benefited by said Improve- tion of the foregoing Order b WHEREAS, said plan, re- ceming the same, all in ac- 12-C of the Town Law, to Improvement consists of ment, so much upon and was duly put to a vote on C port and map, ,including es- cordance with the provi- be known as the Town of the sewer improvements from each as shall be in roll call, which resulted as c timate of cost, were pre- sions of Section 209-q of Ithaca 2010 Energy Im- set forth below, and as just proportion to the follows: Engman. Aye; r pared by a competent engi- the Town Law; provements Project Sewer more particularly shown amount of the benefit which Goodman, Aye; Hunter, near. duly licensed by the NOW, THEREFORE, IT IS Improvement for the Ithaca and described in said plan, the Improvement shall con- Aye; Leary, Aye; DePaolo. State of New York, and HEREBY ORDERED, by the Area Wastewater Treat- report and map presently fer upon the same, and Aye; Levine, Aye Absent: have been filed in the office Town Board of the Town of ment Facility on file in the office of the WHEREAS, it is now de. Riha The Order was there- of the Town. Clerk of said Ithaca, Tompkins County. WHEREAS, a plan, report Town Clerk: The 2010 En- sired to call a public hearing upon declared duly adopt- Town, where the same- are New York, as follows: and map, including an esti- ergy Improvements Project for the purpose of consid- ad. available during regular of. Section 1 . Apublic hear- mate of cost, have been involves the replacement of ering said plan, report and 12/16/2010 PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only RT 1 " PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) APPLICANT / SPONSOR 2. PROJECT NAME own of Ithaca Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement 3. PROJECT LOCATION : City of Ithaca Tompkins Municipality County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 233 Hector St. to 417 Hector St. --959 Ft 5. IS PROPOSED ACTION : El New ❑ Expansion Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: Replace approximately 959 feet of 6 and 8 inch sanitary sewer main with a new 12 inch main . This new main will be the same size as the sections above and below it . The Current piping is causing clogging at the upper end where the 12 inch meets the 6 inch sewer . This is a major maintenance problem to be address . Vitially OF LAND AFFECTED: 44 acres Ultim ately .44 acres POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑✓ Yes ❑ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑ Industrial ❑ Commercial Agriculture ❑ Park / Forest / Open Space 1:1 Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Yes ❑ No If yes, list agency name and permit / approval: Tompkins County Health Department Certificate of Approval 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ❑ No If yes, list agency name and permit / approval: City of Ithaca (co-owner; project approval and funding for City's share). 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? es ✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ti cant / Sponsor Name Creig H bd n P . E . Date: � ature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ART II - IMPACT ASSESSMENT To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ❑ Yes E No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ❑ Yes 21 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: During Construction Traffic will be affected C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None anticipated C3. Vegetation or fauna, fish , shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None anticipated Sewer interceptor is located underground within existing road ROW, and the new interceptor will be in the same alignment as the existing one C4. A community's existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? Explain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: This project is addressing maintenance issues due to clogging of the pipe. It will provide capacity equal to what is already provided within the rest of the sewer line in the City. The increase from 6" to 12" sanitary sewer interceptor will allow some future growth as currently zoned. C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: None anticipated C7. her impacts including changes in use of either quantity or type of energy? Explain briefly: None anticipated D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA ? If yes, explain briefly: ❑ Yes F No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex lain: ED Yes � No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed . If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as neces ry, the reasons supporting thi determination. � 64 � � A , ame of Lead Agencyrte' a e i J � vJ not o e Namp of e le ice( in Lbad Agency Title oo Re onsi le Officer ignat of RespoT Officer in Lead Agency Si ure of Preparer (if different from responsible officer TB Resolution No. 2010-236 At the Year-End 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 the 30th day of December, 2010, at 10 : 05 o'clock A.M. , Prevailing Time. PRESENT : Herbert Engman, Supervisor; Councilpersons Bill Goodman, Pat Leary, Tee Ann Hunter, Susan Riha and Rich DePaolo In the Matter of A Proposed Sewer Improvement for the PUBLIC Town of Ithaca, Tompkins County, New INTEREST York, pursuant to Article 12-C of the Town ORDER Law, to be known as the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement. WHEREAS , a plan, report and map, 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 creation and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement, and hereinafter also referred to as the "Improvement," to provide such sewer Improvement including extensions, to the present Town sewer improvement, such sewer system Improvement constructed and owned by the Town of Ithaca, and WHEREAS , after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 13 , 2010, duly adopt an Order reciting the 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 plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall , 215 North Tioga Street, in Ithaca, New York, in said Town, on the 301h day of December, 2010 at 10 : 05 AM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and 1 WHEREAS , copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS , the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS , at its Year-End Meeting on December 30, 2010, the Town Board determined approval, construction and implementation of the Improvement, which is 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, will not result in any significant adverse environmental effects ; NOW, THEREFORE, BE IT RESOLVED , by the Town Board that it be and hereby is determined as follows : ( 1 ) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement as hereinafter described, and be it FURTHER RESOLVED , that the Town Board does hereby approve, authorize and establish the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk : This project consists of replacing approximately 959 feet, of 6" and 8"clay tile, with 12" PVC , of the jointly-owned sanitary sewer interceptor along Hector Street starting at the intersection with Sunrise Road and extending north until a manhole in front of house #417 , in the City of Ithaca, New York, and be it FURTHER RESOLVED , that the area hereby determined to be benefited by said Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED , that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights , and be it 2 FURTHER RESOLVED , that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs , legal fees and other expenses , is $ 99 , 876 . 7 1 , which shall be financed as follows : The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from sewer rents and charges from the Town of Ithaca sewer system benefited area, and be it FURTHER RESOLVED , that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, that the expense of the aforesaid Improvement does not exceed one-tenth of one per cent 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 (a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement, and be it FURTHER RESOLVED , that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order 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 aforesaid improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows : Ayes : Herb Engman, Susan Riha, Bill Goodman and Pat Leary Nays : Tee-Ann Hunter and Rich DePaolo The Order was thereupon declared duly adopted. 3 CERTIFICATION FORM STATE OF NEW YORK ) ) ss . . COUNTY OF TOMPKINS ) I, Paulette Terwilliger, the undersigned Clerk of the Town of Ithaca, Tompkins County, New York (the "Issuer") , DO HEREBY CERTIFY : 1 . That a meeting of the Issuer was duly called, held and conducted on the 301h day of December, 2010. 2 . That such meeting was a Year-End meeting. 3 . That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5 . That all members of the Board of the Issuer had due notice of said meeting. 6 . That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law , commonly referred to as the "Open Meetings Law" . 7 . That notice of said meeting was caused to be given PRIOR THERETO in the following manner: PUBLICATION December 16, 2010 POSTING December 20 , 2010 IN WITNEJ WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of`� -��' � _, 2 To n Clerk (CORPORATE SEAL) 5 LEGAL NOTICE OF ADOPTION NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca, Tompkins County, New York, at a meeting held on December 30, 2010, duly adopted the Order known as the "Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement" subject to a permissive referendum. Dated: Ithaca, New York, 20L, Town Clerk 4 —_ Legals 050 Legals O50 Legais 050 S - [Lega:1s::::: 050 Le als 050 k 9 Legals 050 Legais 050 Legals 05D LEGAL NOTICE OF ing that said Town Board area of the Town described is hereby directed and or- Improvement, a description the proposed benefited ga Heights. and be it FUR- tion of the foregoing Order ADOPTION . shall meet at the Town Hall, as follows and as more par- dered to cause a certified of the boundaries of the area. 215 North Tioga•Street, in ticula THEIR RESOLVED, that the was duly put to a vote on dy shoim and descri- copy of this Order to be du- proposed benefited area, (4) That the proposed maximum proposed to be roll call, which resulted as NOTICE IS HEREBY GIV- Ithaca, New York, in said bed in said plan, report and ly recorded 'in the Office of the maximum amount. pro- method of apportioning the expended by the Town of follows: Herb Engman, Aye; EN that the Town Board of Town, on the 30th day of map presently on file in the the Clerk of the County of posed to be expended for costs of the Improvement Ithaca for the Improvement, Bill Goodman, Aye, Pat the Town of Ithaca, Tomp- December, 2010 at 10:05 office of the Town Clerk: Tompkins within ten days the Improvement, the pro- should not be changed. including costs of rights of Leary, Aye; Rich DePaolo, kins County, New York, at AM Prevailing Time, for the This project consists of re- of the date this Order be- posed method I of (5) It is in the public inter- way, construction costs, le- Aye; Tee-Ann Hunter, Aye a meeting held on Decent purposes of conducting a placing approximately 959 comes effective pursuant apportioning the costs of est to authorize, establish, gal fees and other expens- and Susan Ribs, Aye. The ber 30, 2010, duly adopted public hearing on such pro- feet, of 6" and 8'clay tile, to Town- Law Section 91 , such Improvement, the pro- and make the Town of Itha- es, is $ 3, 100,362, which Order was thereupon he Public Interest Orders pub- posal to provide said Im- with 12" PVC, of the jointly- which when so recorded, posed' method of financing ca 2010 Energy Improve- ,shall be financed as fol- clared duly adopted. lished herewith subject to a provement, and to hear all owned sanitary sewer inter- shall be presumptive evi: to be employed, the fact ments Project Sewer Im- lows: temporary financing permissive referendum. ' persons interested in the ceptor along Hector Street dente of the regularity of that a plan, map and report provement for the Ithaca 'under a bond anticipation Paulette Terwilliger PRESENT: Herbert Eng- subject thereof concerning starting at the intersection the proceedings and action describing the same are on Area Wastewater Treat- note, and upon maturity of Town Clerk man, Supervisor; Council- the same, and with Sunrise Road and ex- taken by the Town Board in file in the Town Clerk's of- ment Facility as hereinafter the bond anticipation note. 1 /10/2011 persons Bill Goodman, Pat WHEREAS, copies of said tending north until a man- relation to the aforesaid im. fice for public inspection, described, and be it the issuance of serial Leary,Tee Ann Hunter, Order were duly published hole in front of house #417, provement and specifying that said FURTHER RESOLVED, bonds of said Town of Itha- Susan Riha . and Rich and posted according to in the City of Ithaca, New Town Board shall meet at that the Town Board does ca to mature' in annual in ' DePaolo In the Matter of law, and said Town Board York, and be it The question of the adop- the Town Hall, 215 North hereby approve, authorize stallments over a period A Proposed Sewer Im- did, at the time arid place FURTHER RESOLVED, tiorl of the foregoing Order Tioga Street, in Ithaca, and establish the Town of riot'16 exceed 20 years, provement for the Town of specified in said Order, du- that the area hereby deter- was duly put to a vote on New York, in said Town, on Ithaca 2010 ,Energy Im- such bonds to be paid from Ithaca, Tompkins County, ly meet and consider such mined to be benefited by roll call, which resulted as .tbe 30th day of December, provements Project Sewer assessments levied •QQon- New York, pursuant to Arti- Proposal and held a public said Town,of Ithaca F+ector -folows:- - -Herb Engman, 2010 at 10: 10 A.M. Prevail- Improvement for the Ithaca and collectenrevf',Ae 3'�( . cle '12-C of the Town Law, hearing in which it heard all St: Joint Interceptor Re- Aye; ' Bill Goodman, Aye, ing Time, for the purposes Area Wastewater Treat- eral lots and parcels of land to be known as the Town Persons interested in the placement Sewer Improve. Pat Leary, Aye; Rich of conducting a public hear- ment Facility in the area of in said Town of Ithaca sew- of Ithaca Hector St. subject thereof, who ap- ment is all of that portion of DePaolo, Nay; Tee-Ann ing ' on such proposal to the Town described as fol- er system benefited area . Joint Interceptor Re - peared at such time and the Town outside of the Vil- Hunter, Nay and Susan Ri- provide said Improvement, lows and as more particu- which are deemed benefit- ' placement Sewer Im - place, concerning the lage of Cayuga Heights, he, Aye The Order was and to hear all persons in- lady shown and described ed by said Improvement, so provement. same, and and be it thereupon declared duly terested in the subject in said plan, report and map 'much upon and from each WHEREAS, the Town FURTHER RESOLVED, adopted. thereof concerning the presently on file in the of- as shall be in just propor- WHEREAS, a plan, report Board now desires to au- that all of the allocable same, and fice of the Town Clerk: The tion to the amount of the and map, including an esti- thorize the Improvement costs of said Improvement In the Matter of A Pro- 2010 Energy Improvements benefit which the Improve- . mate of cost, have been based on the evidence of- shall be borne wholly by posed Sewer Improvement WHEREAS, copies of said Project involves ' the re- ment shall confer upon the duly, prepared in such man- fered at such time and property within the Town of in the Town of Ithaca. Order were duly published placement of obsolete, in- same, and belt ner and in such detail as place, and Ithaca sewer improvement Tompkins County, New and posted according to adequate, damaged, de- FURTHER RESOLVED, has heretofore been deter- WHEREAS, at its Year-End benefited area, being the York, pursuant to Article law, and said Town Board stroyed and worn out appa- that this Order is subject to mined by the Town Board Meeting on December 30, entire area of the Town out- 12-C of the Town Law, to did, at the time and place ratus and equipment and a permissive referendum in of the Town of Ithaca, 2010, the Town Board de- side of the Village of Cayu- be known as the Town of specified in said Order, du- the acquisition of additional the manner provided in Tompkins County, New termined approval, con- ga Heights, and be it Ithaca 2010 Energy ly meet and consider such apparatus and equipment, Town Law Article 7 and York, relating to the crea- struction and implementa- FURTHER , RESOLVED, Improvements Project proposal and held a public together with related ancil- Town Law Section 209-q, tion and construction, pur- tion of the Improvement, that the maximum pro- Sewer Improvement hearing in which it heard all lary facilities, at the Ithaca and be it suant to Article 12-C of the which is an Unlisted Action posed to be expended by for the Ithaca Area persons interested in the Area Wastewater Treat- FURTHER RESOLVED, Town Law, of sewer sys- pursuant to the regulations the Town of Ithaca for the Wastewater Treat - subject thereof, who ap- ment Facility, and consists that the Town Clerk be and tern improvements to be of the New York State De- Improvement, including ment Facility. peared at such time and of the improvements set hereby is authorized and di- known and identified as the partment of Environmental costs of rights of way, con- WHEREAS, a plan, report place, concerning the forth below and as more rected to file a certified Town of Ithaca Hector St. Conservation promulgated struction costs, legal fees and map, including an esti- same, and - particularly shown and de- copy of this Order in the of- Joint Interceptor Replace- pursuant to the State Envi- and other expenses, is $ mate of cost, have been scribed in said plan and re- fice of the State Depart- ment Sewer Improvement, ronmental Quality Review 99,876.71 , which shall be duly prepared in such man- WHEREAS, the Town port presently on file in the ment of Audit and Control, ' and hereinafter also rgfer- Act, will not result in any financed as follows: The ner and in such detail as Board now desires to au- office of the Town Clerk: at Albany, New York, Co- red to as the 'Improve- significant adverse environ- proposed method of financ- has heretofore been deter- thorze the Improvement (i) Lighting systems modifi- at Alb with e aY , fo- ment,' to provide such mental effects; ing to be employed by said mined by the Town Board based on the evidence of- cations, and in the form prescribea by sewer Improvement includ- NOW, THEREFORE, BE IT Town of Ithaca consists of of the Town of Ithaca, fered at such time and (ii) Installation or upgrades said State Comptroller for ing extensions, to the pres- RESOLVED, by the Town expenditure of current rev- Tompkins County, New place, and to energy management the approval of the State ent Town sewer improve- Board that it be and hereby enues and surplus funds York, relating to the crea- systems, and Comptroller to the provid- ment, such sewer system is determined as follows: from sewer rents and tion and construction, pur- WHEREAS, at its Year-End (iii) Energy efficiency im- ing of the aforesaid Im- Improvement constructed (1 ) The notice of hearing charges from the Town of suant to Article 12-C of the meeting on December 30, provements to the building provement, within 10 days and owned by the Town of was published and posted Ithaca sewer system bene- Town Law, of sewer sys- 2010, the Town Board de- envelope and HVAC sys- after the adoption of this Ithaca, and as required by law and is fted area, and be it tem improvements to be termined approval, con- tems, and Order, and be it otherwise sufficient. FURTHER RESOLVED, known and identified as the struction and implementa- (iv) Replacement of the di- FURTHER RESOLVED, f WHEREAS, after said plan, (2) That all of the property that this Order is subject to Town of Ithaca 2010 Ener- tion of the Improvement, gester mixing equipment, that the Town Supervisor Y report and map, including within the proposed bene- a permissive referendum in gy Improvements Project which is an Unlisted Action cogeneration facility, heat be and hereby is authorized estimate of cost, were pre- filed area is benefited by the manner provided in Sewer Improvement for the pursuant to the regulations exchanging equipment, boil- and directed to execute f pared by a competent engi- the proposed Improvement. Town Law Article 7 and Ithaca Area Wastewater of the New York State De- ers and aeration blowers said application on behalf of neer, duly licensed by the (3) That all of the property Town Law Section 209-q, Treatment Facility, and partment of Environmental and dissolved oxygen con- the Town, and be it state of New York, and benefited is included within and be it hereinafter also referred to Conservation promulgated trol systems, and be it FURTHER RESOLVED, filed in the office of the the proposed benefited FURTHER RESOLVED, as the 'Improvement,' to pursuant to the State Envi- FURTHER RESOLVED, that pursuant to subdivision Town Clerk, the said Town area. that the expense of the provide such sewer Im- ronmental Quality Review that the area hereby deter- 6(d) of Section 209-q of the Board did, on December (4) That the proposed aforesaid Improvement provement including exten- Act, will not result in any mined to be benefited by Town Law, the Town Clerk c 13, 2010, duly adopt an Or- method of apportioning the does not exceed one-tenth sions, to the present Town significant adverse environ- said Town of Ithaca 2010 is hereby directed and or- t der• reciting the Improve- costs of the Improvement of one per cent of the full sewer improvement, such mental effects. Energy Improvements Proj- dered to cause a certified ment. a description of the should not be changed. valuation of the taxable real sewer system Improvement ect Sewer Improvement for copy of this Order to be du. c boundaries of the proposed (5) It is in the public inter- property in the area of said to be constructed and NOW, THEREFORE, BE If the Ithaca Area Wastewa- ly recorded in the Office of benefited area. the maxi- and to author therize, establish,li Town th outside e, of n accord- owned and by the Town of Itha- RESOLVED, by the Tom tee Treatment Facility is all the Clerk of the County of � mum amount proposed to Board that it be and hereby of that portion of the Town Tompkins within ten days t be expended for the Im- ca Hector St. , Joint Inter- ante with the provisions of WHEREAS, after said plan, is determined as follows: I outside of the Village of of the receipt of notification i provement. the proposed ceptor Replacement Sewer subdivision 13(a) of Sec- report and map, including ( 1 ) The notice of hearing Cayuga Heights, and be it of the approval of the State method of apporticning the Improvement as hereinafter tion 209-q of the Town estimate of cost, were pre- was published and posted FURTHER RESOLVED, Comptroller, which when costs of such Improve- described, and be it Law, the permission of the pared by a competent engi- as required by law and is that all of the allocable so recorded, shall be pre- ment, the proposed meth- FURTHER RESOLVED, State Comptroller is not re- neer, duly licensed by the otherwise sufficient. costs of said Improvement sumptive evidence of the od of financing to be em- that the Town Board does quired for such improve- state of New York, and (2) That all of the property shall be borne wholly by regularity of the proceed- • ployed, the fact-that aopan, hereby approve, authorize ment, and be it filed in the office of the within the proposed bene property within the Town of ings and action taken by map and report describng and establish the Town1of FURTHER RESOLVED, Town Clerk, the said Town filed area is benefited by Ithaca sewer improvement the Town Board in relation the same are on file in tie Ithaca Hector St. Joint In- that pursuant to subdivision Board did, on December the proposed Improvement benefited area, being the to the aforesaid improve Town Clerk's office for pub- terceptor Replacement 6(d) of Section 209-q of the 13, 2010, duly adopt an Or- (3) That all of the property entire area of the Town out- ment. lic inspection, and specify- Sewer Improvement in the Town Law, the Town Clerk der reciting the . proposed benefited is included withn side of the Village of Cayu- The question of the adop- i r--.. ♦ r ..:^.7 r nA' . -•-•-y-- f-"r .r 2?II 'a-.s-•--� ^,. , f I , - , _ r I , f:I r I I I I I e AtI t I I I A I IA I I TI I A A I I A,A AI (.�+tom, 'II ' AI � W u^"..."y, .`__&,' ' -T x s A` 4:. t x 3'i±.z /e ' 4 a ( . re•' t r w v � y a "-j 4°y,' € ">z °f r�1t G ✓. 'k > i we I °. •r 'x '7s;A t+ a� ny_,�r s?tit 'et .1,• � A s n s+ � ,. t,. d $ r. s- j was- �"$ "'° a m'q�sM A. >r "• h '" ,.Jri_J " r°r G�` r 3 ,^:" e A s'. , f �F.. P �" firv . : eF s. + h•A ,A?, ' ' n t 3- g - r -� At / Jam' ,. .r _ , a F r v ,.. . /� ['4` 3 F - t3. - ✓y ^{ -. Yi q L� t"� . 2, 1 x5'!.S •f. AeAt,I ' # , it �G $ A •s '` ,rcc , . - siC ✓ A r f , r 2 > r f- � 111, fiF'r 3 ✓,tY .y �{ i? c, 'fri ... w % N s 'a " 3 xt o s' ' ro ; 7 °- - d f . f¢ wv ri ,k v y ar"a �* F al �{ I x } '- .n. .at .. o r /q T . ^ fir r i , 5 r• y L`7 I - 10 t 3 - . w,v , . ,K t,min .zwII ,3, I„ 4 ' t a e c t S } s, a a F,ry r+a . - E . .4,. s . ..e, w a -. ,. a x, . • - s ,. m.m., f e•dx -., aK r ",.rs . a, 'v 4 _ 'a Y - - X _ -y,3• .a m t na, 'ia: *u :ta y r „ x '- xh�,3..N P a*'4$Affi ✓'^`a, "�"zf vh r m •e r I ', F p ", Sc y ¢ .y y yl.� S, >•r A a ' . ' 9 ' :' r f'' i ` 2 $ a xaer ssc 'e .A an- Sr " ` t a;e ! „ I tQ�0 Q58 - °gals . ,',It Lf3tj$!$ I a 5 ' . 059 kegatsA,: . -� 5Q Leg sin , D59 LEGAL NOTICEO,F irg:_that said Town Board, area of the Town described is hereby directed and or Improvement a;desimption the proposed ` benefited ga Heights; and beiCFUR- ton of.the foregoing Ordet ADOPTION shall meet at the:TOwn Half-.as follows and"as morepar- dared to•cause a certified oFgthe, boundaries of, the:area THER RESOLVED,'that the w$s .du put to a 'voEe ,o 215-North Tioga:StrI m tieulady 'shown and descn= copy of this 0ider;tone du proposed benefited area ;(4) That ";the proposed. mauinium .proposed. to be roll, A 11, which -resulted'as NOTICE?IS HEREBY •G V Ithaca, New York;, in said) - etl in !,aid plan,;report and ay recorded in the°Office of-the' maximum' amourrt. pror method Sof aPpo finning the expended 'by ,the Ttiwu of •follow§: Herb 6 groan Ayer EN 'that-the Town Boaidtof Tows ,"on ahe "30th day; of map presently on ite in the the Clerk bf the County.of posed to°be a pended for .costs5 of- the Improvement -Ithaca for the' Improvemenk Bill' °Goodman , Aye ; Pat the Town-of Ithaca;iTom December, 2010 at ;10.05= office of the; down Clerk: Tompkins vnthm ;ten days, the Improvemenithe pro should not be changed: ; , ;including' costs 'of, rights of Leary:;`Aye Richh,:DePaolo`, ''kids Coun New york at AM Prevailmg'Tidie for the' This project ,consists of�r& :oftthe date this Order,- be; posed method :• 'of (5)' It41% in: the°'public inter- way constructioncoks Ie;.Age; Tee Ann` HUntet;�QyE . a meetin'h Id onMeown Purposes of conducting a °piac rig approz mate y: 95g comes` a ective . pursuant apportioning` the`' costs of es; to authorize, establish,,gal fees andtother' expens-• and Susan Ribal Aye I'" IiE 9: e be'r 30;2010 duly:adopted Pubiid hearing onsuch pro , feet of £° :and 8 clay tile; toe" TAT:'Law Section 91 :, suchampr`ovement; the p o_ and meke'the Town of. lihs- as, is $• 3;'100,362, which Order' 'was thereupon deI Puli6e' Interest Orders pub Posal to ' provide said Im w th 12 PVC; of the jointly, which (vhen so recorded; posed ' method' of financing, ca 2010 nEnergy Improve- shall , be; 'financed as fol claredduly adopted. q,l lips- ed heretwth suli'ect•to alProvement and to hear all;owned anparysewer_inter-,shall qe= presumptive evi; to be employed- the fact' merit I Project SI I I, I, lows `temporary ',financing . ,:Av I permissive referendum:` persons interested m.3the 'ceptoralong Hector Street deuce .of -the regularity of that a-plan map°and report=.provemen6. for the Ithaca under'a'= bond anticipation Paulette TeriM I err °- - .-`, PRESENT;-- He be ,A En 1 subject thereof°concerning starting ,atthe mte seclion the proceedings and' action .desert !'ng�the'same are on Area -- Wastewater` Treat- bote, 'and upon matunIT" Town,Clerk , ,r - •man, Su ;visor; Councgl•;the same and with Sunrise Road and ex taken 6y he Town Board in; file.in' the Town: ClerWs of ` menl-Facility"as heremafte`r the bond anticipation note 11.10/2011 £ . i WHEREAS' cot ati, ' .' personsrBill GOOdman;, Pat ,.. . , r ,, , p esr of said, tend rig no- 'until a man, relabonrto the aluresaid tin f fice ¢or public i specIt A A et e e A d,`and be ;t " = the ,issuance- of t: "serial = t E +r `.. Leary Tee Ann: : Hunter=.Orders were duly ;published hole,m front of house #417! provement "` ,° sI and.'specifying, . that said . , .:FURTHER, RESOLVED; `bonds of said Town w, s,vJa „ _ .�_ Susan :,Riha ; antl R Rich, and, posted ;according to ,in 'ihe City of Ithaca, New Town' Board shah;rmeet 'at that the .T ivJn BoaPd.:does ca to nature m annual in DePaolo ,'.In the Matter of Iow,rand said. Town Board York and be it " t :-., The question of the sdop the-Town Hall. 215 North ;hereby approve authonze; stallments"•, over a _period'„ } did at fhe time and'` Ia ' - " ` ,' A Proposed 'Sewer' Im- , , - p_ cat FURTHER ; RESOLVED; tro of the; foregoing Order Tioga . Street it I Ithaca and establish the Town`of notes' ezceed• .20r years i, ,provement-for,the Town of specified m said'Order, du-rthat:th'e area hereby dete�``was duly ,pur to.a vote on, New_Y.ork in said':Town .on .lthaea 2010 .Energy =lien- suchbpnds to pelpaid_efromrt r _ -° ' ¢ 3 I ' meet land consider -such mined to be°,benefite roll call, ,which result¢d as,the 30th day of .Decembar, •:provememts Project Beni assessnieitts� levied:- ri--I a, Ithaca, Tompkins County y S aY x New York-.pursuanYto`Arti proposal and-held a Public. said}Town>ofrithaca.Hector• follows '' : Herb Engman, -2010'at 10 10 A;M" P'revail- •Improvemerrtfor the Ithaca ,a}nd collected`finaSAthe,.3'f?t� + 'r. 'cle 12 C'otthe,Towri ,Law ,,heanng in which it'heardalf St,: Joint' Iniereeptor`o 'Re- Aye ?Bill AI oodmans �Aye,.Srig Time for the purposes Area Wastewater Treat- era: lots;and,parcels oft nd,_ s to be known as the T-ow n ' Persons jnterested - in the • placement Sewer Improva; Pat " Leary A/er ' 'Rich;of conducting a'putohear-.merit Facility in the area`of in saidrTown of/Ithaca sew ?' P, (of ttfiaca Hector St. °subject thereof, -whc apt •mentie all of that portion'of •DePaoloi III .Tee=Ann, in on such g` proposal to .the Town described as fol= eh ' system benefited areal. Joint Interceptor Re peared. at such time' and the Town outside of the Vii- Hunter„Nay and Susan Ri provide said Improvement IoG4s and as;more, particu-` which are deemed benefit;: placement Sewer im Place,)° 'conce ding the Page of . Cayuga Heights; ha Aye The Order`was and° to hear alfpersons in- la yeshown .and desc fed edbysaid,lmprovement, so ' provement same,and ,” ..and be it s thereupon`.' declared: - duly„t&,'& d ,in ,the.x•subtect in said plan report and map much upon and from ^each{ ',,, WHEREAS the iTTown'FURTHER ' `:RESOLVED; adopted: thereof conceming s' the presently on .file m 'thia oF'as shall'.be m lust: propor'f rWHEREAS; a plan ' report B°ard ,:now desires to au-, ghat all of,'. ahe alloral5le It ,, A same.`and ., t , ° - lice of tFte Town Clerk: The Lion ,to-,.the amount ,of the' , thonze. the lm rovement costs of said-lrn rovernent In the ^Metter of A Pro- - ' 2010 Ener Improvements, benefit,.which the,lm rove.; and inapt:including an; esti P P , ; 9I P P mate of4cost have 'been based=on the evidence of shall be borne wholly".rliy posed Sewer Improvement WHEREAS copies of said Protect ,inJolyes the 're= ment shall confer upon the; -: 'duly'pTapared in such (mari ,feredat such` •time and• propertywitfiintheTown,of in .thee-Town6 . of . ,lthaca Ordeitwere dulypubLshed. placement of; obsolete in'; sarne, and':beit ` r. ,;� '1 � ner and'an�such detail as Place;;and Itl ara sewer yimprovement Tompkin"s County; `: New and; posted ,,acco ding tor'adegbfii ,damaged, . de= FURTHER RESOLVED,i h has heretofore been deter WHER-- g, I its ear End- benefited -:area being sIhe York, 'pursuant to°Q hcle law, and+ said Town, Board t Ate I- a`nd,wo I out appa: that this Order is subject tok i ed'by the Town.:IBoard ,Meeting on December 30:? anb areaiof'theTownobt= 12C - ofo'the Town �Laly, to did.taf, the'trme andiplace..!ratus and eGutpment and a permissive referendum in the Town ;of "Ithaca' 2010%'the Town'Boartl de side of the Village of Cayii-° be known as the Town of specified in said'.Order, duA the acquisition.,of additional the 'imanner provided *in Akins. - County .:New termined approval con-_ gaHgights .ani heir. >,. dthaca 2010 Energy ly:m`°eel and consider such `apparatus• 'and equipment, Torte-:Lzw Art;ele: Z., and relating to -the ;area struction and imptementa:: FURTHERn ', RESOLVED, Improvements Project proposal and held a public together with°related aricil-aTowm Law Section 209 q;: andtconstruction, pur". t on,'of yhe fmprovement, that then maximum pro- Sewer Improvement i hearing in which•it ti6rd:all lary facilities; ,at-the`ltha""raland i e it' : � sl�J Tf to Article 12=.CCof the which_is*an Unlisted Action4poaed to be. ex ended for the Ithaca Area _ tedg m . 11I Area= Wastewate"r Treat-FURTHER.., 'vRESOLVEDDv p by persons mteres ion Law. of se W sys, Pursuant to the, r_gulations,the Town of Ithaca for;=the Wastewater Treat - sutyect thereof, =who ' ap- merit Facikty. ,;and consistsathat the Town Cierk:beand, :=" rein improvement's,Ac be of the,';,New.York.State De-'stmprcvementr'°f including ment Facility: peared' at such.-,time•"and of t the improvements;. set hereby isauthonzedland di - t, known anti';idenhfiedss the 'P.artment - of Environmental*costs of rightspf way' con- WHEREAS, a plan, report place:• conceming the °forth below and as ,more rected to!. file a certified ` Town of -Ithaca Hectoi 'i Conservation' prcrnulgated atFuetion costs, legal-- fees andtmap, includingi'amresh same; and pa t cularly sh Qwn and da copy of,Th 's Order in [he of=, ' Joint Interceptor Replace .pursdanf to the State Envi- .ands other, expenses, is°.$ mate oKdpit - have 'been sV cnbed-in ;said plan and re-, fice, of she State ;Depart- °,If .1 .Sewer Improvement :ronmental; Quaktys Review 99,876 71 whch shall''-ba duly prepared m" such=man WHEREAS the, Town' port presently: on file,in;the mentoiiAudit and. Gbntrol ;, %%and' fiereirjafter also;refer dAct• will not result m arty sfinanced as-a folows The ner and , h su Ali detail as Board now desires to 'au office of the Town Clerk: at AH any: New York, to I red to- as the 'lrtiprove rsignifrcantadverse enwron=proposed method of financ?'.has .heretofore 'beemdeter ;bonze the Improvement (i) Lghting systems modifi- gether',w tl an; application merit fo` p ov de,. <uch mental effectsy` k :<mg io.be employed byaa- mNed,by the Tmvn"f3oard bas2d' oq theF ev deuce of = cahprep and: ` m the;; form prescribed;:by Tsewei`Improvement includ , NOW; THEREFORE, EE IT Town of Itt a a consists of of 3 the Town ;-of „Ithaca ,fared , at such- time and (iJ• Installation;or upg odes said:State Co ptroller'for. r=, ing.'exiensions to the` pres , RESOL. by she ToH%n rezpenditure' of, current. rev: Tompkins Couny:,- .New place;' and �°, ,� - ''.to energy A-management the approfal of flier St2teg k "e .p Board'that it be and here enues and .'su lus •funds York; •relatin to the'crea "� x ' ' systems, @rid } - Coin t ,. ent Town' sewe# im ro-ve „ x = :. � . - _ Ir 9 piroller to theIlp"rovid j.;:.;;ment such "seven -systerf etermined as.follows from sewei.. rents j and tion -and' construction; pur WHEREAS at its, Year,Epd.(iii3 Energyt.efficiency .im- ing -,of pthe aforesaid Im ` t yi; '. Improvement <coristructed' ( t) =The >'notice of. hearing ;charge0ibien the Towmof suanttoAficle 2:C.ofthe meeting on• December. 30,' provements to' the' building ',p A 6ment, within 10:,;days ; `:, and owned by-the Town of ^as published and',posted Ithaca sewer- ystembene-'Town Law, Iof 66wer :sys 2010;;the Town* Board° de- envelope and HVAC sysA after the' adoption-of: thia .4 " ` � "'" " as- required by law and 'is ' fired area, acid be R .- . tem Im rovements -..to be tenined °a roval . con-` tems and " `, Order, and .e it - t 1, Ithaca and. . .P PP - - ' . othetv+ise sufficient w , 'FURTHER , • RESOLVED: known and identified as the structon and+, implementa- " OG) Replacement of the'di= FURTHER ' 1 RESOL=VED, E i' `' (2)That all of the, o e that this Order is sub ect to Town of-Ithaca 2010::Ener tion �,oP the. Im rovement,.�;ge&r .mizirf : e ui ment that' the =Yawn' Su"ervisoI E r. WHEREAS. after said plan Pd P , - Jg , , • p,, g 9 P •°,report. and map,. including wdhin.,.the=proposed bane- a;permissive,.refRerendum in gy Improvements, Pro)eot which:is an_Unlisted Action°cogeneration facility: Beat be and hereby is,au[horizeC„d ' estimate of cost were p e bred area is oenefted by the manner provdid g'in Sewer Improvement for the' pursuant to the regulations 'exchanging 'equipment. boil- and ,directed for execute, { 1-, pared by a competent.engi the proposed Imprrnement Town Law• Article 7 and Ithaca Area Wastewater of rite New YorkState De ers and aeration blowers said application on behalf oV I r' nee ; duty,'licensed- by--the-(3) .TFat alhof the property Town taw,-Section 209,gi T eatmenI Faakty,;- and; partment of, Envronmentai .and dissolved oxygen.con- theTOwn,,andbe.it '- staterof� New YofR, . and benefited is •includedwithin. andbeit heremafter,also,referred to �,Conservation tpromulgated trolsystems'andbeit s FURTHER RESOLVED: ' filed i. tFa office `of, the the `': proposed£. ;`benefited FURTHER RESOLVED;- as ;the '.lmprovemerit; to pursuant to the• State Envi- •FURTHER :'' RESOLVED that,puisuant tosubdivision I „`• Tartu Clerk_ the said.Town area <.; - '� that the -ezjtensea of the provde such sewer ; Im �ronmentaV Quality' Rewew that the 6 ea hereby defer- 6(d)of Section 209-q of the •! Board did,- on• , Dece,mber (4) ,:,That that proposed. aforesaid •''• -Improvement provement including. eaten Act' 'will not result m any'mined � to• be..benefited :-by Town taw, the .Town Clerk 's ` 13 2010; dulit' ' t.an Or method o ,apportioning the does not exceed one tentWsionrs 'to the peesent.Town significant, adversete won -'said Town°of Ithaca-2,010 is Hereby; directed ;and or f ”. der resit rig the ,l npove costs of`the Improvement''of one per,.cent of the- full sewer-.improvement.. such mental effects t •: y ?- `Energy Improvements Prof,- de`resi- to,_cause a certified. r l °, . mem' ;a. descriptions of, the should no , a cf anged ,, valuation of the taxable real sewer system Improvement r- t r; , met Se weramprovetrien[?#,or copy of tt is Order to t e du= boundanes'of the proposed (5) It is n the• Public inter property in the area of sa dI to , be`� constructed,-, and NOIN , THEREFORE, 'BE R the Ithaca>'Aiea Wastewa ly recorded in thekOffice`of, s zZ benefited', area the '''maxi est.to 'authorize; establish;Town outside of villages owned by _the TowrI itha RESOLVED by ,fhe -Town tee Treatment Facility is all the Clerk:of the :County'of, I "' and make the Tov n of :ilia and therefore, in: accord- ra and ' Board ' 'It t,be and hereb of tHat onion o the Town Tom kins' within en dap < e mum stun nt proposed to r , y: P , P. ys' be expended, for• the im GaMector St° Joint Inter-• once with the ,provisior f WHEREAS after said plan ledetermtned,as follows r r outside of.' the Village -of of the receipt of notification'" provement: the proposed captor AeplacementSewer' Subdnnswn' 13(a) of- Se6- report and mep- including (t) The notice:of hearing, Cayuga Heights and be'it. of the approval of the State;; ' 4 method of'appo tioriing the' Improvement`as herelriafter tion 209 o 'ZAof the Towny,estimat@ of cost: were pre was published -and posted FURTHER : RESOLVED, Comptroller, which wheo-i '•-:` costs off.such : Improve--described, and.be it w ,' Law the .pengission of the pared`bya competent engi as' r`egurT bi7law and js,that all of %the = allocable so "recorded shall be'•pre men-: ahe' ,proposed`.meth' FURTHER ; RESOLVED;.State Corrfptroller is not re-n4eer, duly;ticensed� by '[he, otherwise'sufficient • a: costs of_said:` lmprdvern sumptive `.evidence of, the. . of financ rig to lie em that the Town' Board does,quired for such r mp ova- state ,of .:New , No k, and' (23 That all of fhe'property shall be . home wholly by regulanryspf the 'p'roceed; ed, the fact'that aiplan, Hereby approve lauthortze•ment a-1At t :;, filed in =the office* of the within 'the proposed Gene; property within the Townof trigs andiaction taken byt and,import describing and-establish She.: Town of} FURTHERS . 'RESOLVED; Town Cf=rk the said Town fited area iszbenefited ,by- Ithaca sewer;improvement, the Town' Board it nelatlon ; same are om file in the- Ithaca Hector St Joint In- aihat pursuant to subdivisipn B, Ite .t . I ,on December the'proposed Improvement Benefited area, being the to the aforesaid , improve m Clerk s office for pub_, terceptor -Replacement.,6Cd) of Section 209 q{oF tlieial3 2010: duly adopt an Or- (33-TFiat all of' tFie, property ;entire area of the Town out- men- spection, .and specify Swer improvement m the Town, the Town-Cie k der reciting the propo ed benefited is, included within side of the .Village of Cayu- The question of the adop-' e. c r m, o. t "rw ci< $ t ' 6 , .>.� T x a P , y l >' S b a G ,s. A d, w ,. , . r , 1�.A I, ; Tt i r . .e ., I �.<, t . ,ii e $,1. . ez �`. ". ti x 1)��IV\ � YEAR END MEETING OF THE ITHACA TOWN BOARD Thursday, December 30, 2010 TB RESOLUTION NO . 2010-237 : SEAR Determination — Establishment and Authorization of Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility WHEREAS , the Town of Ithaca Town Board has determined that the establishment and authorization of the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility, as described in the Town Board 's Order Setting Public Hearing dated December 13 , 2010 , is an Unlisted action , pursuant to the State Environmental Quality Review Act , 6 NYCRR Part 617 , and the Town of Ithaca Code , Chapter 148 — Environmental Quality Review, for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project , and WHEREAS , the Town Board , at its year end meeting held on December 309 2010 has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II , prepared by Town Public Works staff for this action ; now, therefore , be it RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II , in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required . MOVED : Rich DePaolo SECONDED : Pat Leary VOTE : Ayes : Engman , Goodman , Leary , Riha , Hunter and DePaolo Motion passed TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, being duly sworn , Town Clerk of the Town of Ithaca , Tompkins County , New York say that the following notice has been duly posted on the sign board of the Town Clerk of the Town 'of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : ORDER CALLING PUBLIC HEARINGS TOWN BOARD of the TOWN OF ITHACA MONDAY , December 30 , 2010 Re . . Town of Ithaca Hector St Joint Interceptor Replacement Sewer Improvement And Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility Date of Publication : Monday, December 16 , 2010 Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 14850 Date of Posting : Monday , December 20 , 2010 Paulette Terwilliger Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 20th day of December, 2010 Not ry Public Debra DeAugistine Notary Public - State of New York No. 01DE6148035 ouatlfied in Tompkins County W clan Expires June 19, 20 /' I TODAY ' S NOTICES ais 050 q50' Leg � � , lagals 050 Legals 050 Legais . 050 Lagals 050 I.egals ORDER SETTING fice hours for public inspec- ing shall be held by Town duly prepared in such man- obsolete', inadequate, dam- map, including estimate of PUBLIC HEARINGS tion, and . Board of the Town of Itha- ner and in such detail as aged, destroyed and wom cost, and the providing of T At a regular meeting of the WHEREAS, the area of ca, Tompkins County, New has heretofore been deter- out apparatus and equip- the Improvement, and to c Town Board of the Town of said Town determined to York, at the Town Hall, 215 mined by the Town Board ment and the acquisition of hear all persons interested y Ithaca, Tompkins County, be benefited by said Town North Tioga Street, in Itha- of the Town of Ithaca, additional apparatus and in the subject thereof con- h NY, held at the Town Hall; of Ithaca Hector St. Joint ca, New York, in said Tompkins County, New equipment, together with ceming the same, all in ac- h 215 North Tioga Street, in Interceptor Replacement Town, on the 30th day of York, relating to .the crea- related ancillary facilities, at cordance with the provi- 1.. Ithaca. New York, in said Sewer Improvement con. December 2010, at 10:05 tion and construction, pur- the Ithaca Area Wastewa- sions of Section 209-q of 9 Town, on the 13th day of sists of the entire area of o'clock A.M.. Prevailing suant to Article 12-C of the ter Treatment Facility, and the Town Law; If December, 2010, called to said Town excepting Time, to consider the afore- Town Law, of sewer 'sys- consists of the improve- NOW, THEREFORE, IT IS C order at 5:32 o'clock P.M. , therefrom the area con- said plan, report and map, tem improvements to be ments set forth below and HEREBY ORDERED, by the T Prevailing Time. tained within the Village of including estimate of cost, known and identified as the as more particularly shown Town Board of the Town of T PRESENT: Herb Engman. Cayuga Heights, and and the question of provid- Town of Ithaca 2010 Ener- and described in said plan Ithaca, Tompkins County, c Supervisor; Councilmen Bill WHEREAS, the Improve- ing the Improvement, and gy Improvements Project and report presently on file New York, as follows: t Goodman, Rich DePaolo, ment consists of the sewer to hear all persons interest- Sewer Improvement for the in the office of the Town Section 1 . Apublic hear- c Tee-Ann Hunter, Eric Lev- improvements set forth be- ed in the subject thereof Ithaca Area Wastewater Clerk: ing shall be held by Town C ine and Pat Leary low, and as more particular- conceming the same and to Treatment Facility, and (i) Lighting systems modifi- Board of the Town of Itha- c In the Matter of A Pro- ly shown and described in take such action thereon as hereinafter also referred to cations, and ca, Tompkins County, New E posed Sewer Improvement said plan; report and map is required by law. as 'Improvement' to pro- 00 Installation or upgrades York, at the Town Hall, 215 t in the Town of Ithaca. Presently on file in the of- Section 2. The Town vide such sewer Improve- to energy management North Tioga Street, in Itha- 1 Tompkins County, New fice of the Town Clerk: Clerk is hereby authorized ment to the present Town systems, and ca, New York, in said c York, pursuant to Article This project consists of re- and directed to cause a sewer improvement, such (iii) Energy efficiency im- Town, on the 30th day of i; 12-C of the Town Law, to Placing approximately 959 copy of this Order with a sewer system Improvement provements to the building December 2010, at 10: 10 be known as the Town of feet, of 6' and 8'clay tile, Notice of. Adoption to be to be jointly constructed envelope and HVAC sys- o'clock A.M., Prevailing E Ithaca Hector St. Joint In- with 12" PVC, of the jointly- published once in the offi- and jointly owned by the terns, and Time, to consider the afore- i terceptor Replacement owned sanitary sewer inter- cial newspaper, and also to Town of Ithaca, City of Itha- (iv) Replacement of the di- said plan, report and map, t Sewer Improvement ceptor along Hector Street post a copy thereof on the ca and Town of. Dryden, all gester mixing equipment, including estimate of cost, t WHEREAS, a plan, report starting at the intersection town signboard maintained of which are co-owners of cogeneration facility, heat and the question of provid- p and map, including an esti- with Sunrise Road and ex- by the Town Clerk, not less the Ithaca Area Wastewa- exchanging equipment, boil- ing the . Improvement, and if mate of cost, have been tending north until a man- than ten ( 10) nor more than ter Treatment Facility, and 'ers and aeration blowers to hear all persons interest- c duly prepared in such man- hole in front of house #417, twenty (20) days before the WHEREAS, said plan, re- and dissolved oxygen con- ed in the subject thereof e ner and in such detail as in the City of Ithaca, New day designated for the port and map, including es- trol systems, and concerning the same and to H has heretofore been deter- York, and hearing as aforesaid, all in timate of cost, were pre- WHEREAS, the maximum take such action thereon as s C • mined by the Town Board. WHEREAS, the maximum accordance with the provi- pared by a competent engi- proposed to be expended is required by law. tl of the Town of Ithaca, Proposed to be expended sions of Section 209-q of neer, duly licensed by the by the Town of Ithaca for Section 2. The Town v, Tompkins County, New by the Town of Ithaca for the Town Law. State of New York, and the aforesaid Improvement Clerk is hereby authorized t, York, relating to the crea- the aforesaid Improvement Section 3. This Order have been filed in the office is $3, 100,363. The pro- and directed to .cause a tf tion and construction, pur- is $99,876.71 . The pro- shall take effect immediate- of the Town Clerk of said posed method of financing copy of this Order with a e suant to Article 12-C of the Posed method of financing ly. Town, where the same are to be employed by said Notice of Adoption to be P Town Law, of sewer sys- to be employed by said The question of the adop- available during regular of- Town of Ithaca consists of published once in the offi- ' tern improvements to be Town of Ithaca consists of tion of the foregoing Order fice hours for public inspec- temporary financing under cial newspaper, and also to a known and identified as the expenditure of current rev- was duly put to a vote on tion, and a bond anticipation note, post a copy thereof on the n Town of Ithaca Hector St. enues and surplus funds roll call, which resulted as WHEREAS, the area of and upon maturity of the town signboard maintained q Joint Interceptor Replace- from sewer rents and follows: Engman, Aye; said Town determined to bond anticipation note, the by the Town Clerk, not less Ii ment Sewer Improvement, charges from the Town of Goodman, Aye; Hunter, be benefited by said Town issuance of serial bonds of than ten ( 10) nor more than n and hereinafter also refer- Ithaca sewer system bene- Aye: Leary, Aye: DePaolo. of Ithaca 2010. Energy Im- said Town of Ithaca to ma- twenty (20) days before the F . red to as "Improvement" filed area, Aye; Levine, Aye' Absent: provements Project Sewer ture in annual installments day designated for the e providing such sewer Im- WHEREAS, it is now de- Riha The Order was there- Improvement for the Ithaca over a period not to exceed hearing as •aforesaid, all in v provement including exten- sired to call a public hearing upon declared duly adopt- Area Wastewater Treat- 20 years, such bonds to be accordance with the provi. c sions, to the present Town for the purpose of consid- ed. ment Facility consists of paid from assessments lev- sions of Section 209-q of Ir sewer improvement, such ering said plan, report and ' the entire area of said ied upon and collected from the Town Law. I, sewer system Improvement map, including estimate of In the Matter of A Pro- Town excepting therefrom the several lots and parcels Section 3. This Order ( jointly constructed , and cost, and the providing of posed Sewer Improvement the area contained within of land in said Town of Itha- shall take effect immediate- rZ jointly owned by the Town the Improvement, and to in the Town of Ithaca, the Village of Cayuga ca sewer system benefited ly. a of Ithaca and the City of hear all persons interested Tompkins County, New Heights, and area which are deemed The question of the adop- ( Ithaca, and - in the subject thereof con- York, pursuant to Article WHEREAS, the proposed benefited by said Improve- tion of the foregoing Order t WHEREAS, said plan, re- ceming the same, all in ac- 12-C of the Town Law, to Improvement consists of ment, so much upon and was duly put to a vote on ( port and map, including es- cordance, with the provi- be known as the Town of the sewer improvements from each as shall be in roll call, which resulted as t timate of cost. were pre- sions of Section 209.q of Ithaca 2010 Energy Im- set forth below, and as just proportion to the follows: Engman, Aye: , pared by a competent engi- the Town Law; provements Project Sewer more particularly shown amount of the benefit which Goodman, Aye; Hunter, neer, duly licensed by the NOW, THEREFORE, IT IS Improvement for the Ithaca and described in said plan, the Improvement shall con- Aye; Leary, Aye; DePaolo, State of New York, and HEREBY ORDERED, by the Area Wastewater Treat- report and map presently fer upon the same, and Aye; Levine, Aye Absent: have been filed in the office Town Board of the Town of ment Facility on file in the office of the WHEREAS, it is now de- Riha The Order was there- . of the Town Clerk of said Ithaca, Tompkins County, WHEREAS, a plan, report Town Clerk: The 2010 En- sired to call a public hearing upon declared duly adopt- . Town, where the same are New York, as follows: and map, including an esti- ergy Improvements Project for the purpose of consid- ed. available during regular of- Section 1 . Apublic hear- mate of cost, have been involves the replacement of eying said plan, report and 12/16/2010 ic_1t3Ltd��� P � .�rd 1(t(INC� ri11ti4ff1i1r 111 �7:,Ilil �t (�1' � _ - ,+,,,_„ - 1 , Gr jj"�\. PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1 . APPLICANT / SPONSOR 2. PROJECT NAME Town of Ithaca The 2010 Energy Improvements Project IAWWTF & PROJECT LOCATION : City of Ithaca Tompkins Municipality 1 County 4. PRECISE LOCATION : Street Addess and Road Intersections, Prominent landmarks etc - or provide map 525 Third Street, Ithaca , NY 14850 5. IS PROPOSED ACTION : New Expansion Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: The Following Modifications will be made to the Ithaca Area Waste Water Treatment Facility ( IAWWTF ) : 1 ) Lighting systems modifications 2 ) Installation or upgrades to energy management systems 3 ) Energy efficiency improvements to building envelope and HVAC systems 4 ) Replacement of the digester mixing equipment , cogeneration facility , heat exchanging equipment , boilers and aeration blowers and dissolved oxygen control systems 7. AMOUNT OF LAND AFFECTED: Initially < 1 acres Ultimately < 1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ❑ Yes ❑✓ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ElResidential ❑✓ Industrial ❑ Commercial Agriculture Park / Forest / Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) 1Yes ❑ No If yes, list agency name and permit / approval: NYSERDA grant, City of Ithaca & Town of Dryden (co-owners ; project approvals and funding for the improvements ) 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? F0Yes El No If yes, list agency name and permit / approval: NYSDEC air permit & SPDES permit 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? Dyes [Z] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name 1Crei Hebdon P . E . Date: January 3, 2010 Signature may—` 1 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAR Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Ej Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal , potential for erosion, drainage or flooding problems? Explain briefly: None anticipated . C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None anticipated . C3. Vegetation or fauna, fish , shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None anticipated . C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None anticipated . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated . C6. Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: None anticipated . C7. Other im acts Qncludinq changes in use of either quanti or a of energy? Ex lain briefly: None anticipated . See attached . D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AR (CEA ? If yes, a lain briefly: F1 Yes FV/1 No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es ex lain : Yes No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring ; (c) duration; (d) irreversibility; (e) geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determi tion. IL ) 1 \ Name of Lead Agency Date EY\,Q v►Ag,tA Print or Typ Na a of Responsible QMcer in Lead Agency le o Respo Office r l S a ure of R p nsible Off in Lead Agency of Preparer (If different from responsible officer) SEQR for The 2101 Energy Improvement Project Continued. C1 -C-7 : No adverse effects are anticipated from the project. All project components are being implemented to reduce energy use and utility expenses at the Ithaca Area Wastewater Treatment Facility . Many components of the project are Type II actions ( maintenance or repair involving no substantial changes in an existing structure or facility ; replacement, rehabilitation of reconstruction of a structure or facility , in kind , on the same site ) . The project also includes installation of solar panels on the building 's roof and construction of a methane gas storage system to replace a broken system . All project components are located within or on the plant buildings , except for the methane gas storage system , which occupies a space of approximately 40 feet in diameter and 36 feet high on lawn area near the existing plant digester complex (which is twice as high and many times larger than the gas storage system ) . The project is designed to have a positive impact on energy use and will create a more efficient and productive utilization of existing biogas stocks . i TB Resolution No. 2010-238 At a Year-End 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 the 30th day of December, 2010, at 10: 10 o'clock A .M . , Prevailing Time. PRESENT: Herb Engman, Supervisor; Councilpersons : Bill Goodman, Pat Leary, Eric Levine, Rich DePaolo , Tee-Ann Hunter and Susan Riha In the Matter of A Proposed Sewer Improvement in the PUBLIC Town of Ithaca, Tompkins County, New INTEREST York, pursuant to Article 12-C of the Town ORDER Law, to be known as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility. WHEREAS , a plan, report and map , 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 creation and construction , pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility, and hereinafter also referred to as the "Improvement," to provide such sewer Improvement including extensions, to the present Town sewer improvement, such sewer system Improvement to be constructed and owned by the Town of Ithaca, and WHEREAS , after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 13 , 2010, duly adopt an Order reciting 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 plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall , 215 North Tioga Street, in Ithaca, New York, in said Town, on the 30`h day of December, 2010 at 10 : 10 A .M . Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS , copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons I 1 interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS , the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS , at its Year-End meeting on December 30, 2010, the Town Board determined approval, construction and implementation of the Improvement, which is 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, will not result in any significant adverse environmental effects , NOW, THEREFORE, BE IT RESOLVED , by the Town Board that it be and hereby is determined as follows : ( 1 ) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3 ) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5 ) It is in the public interest to authorize, establish, and make the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility as hereinafter described, and be it FURTHER RESOLVED , that the Town Board does hereby approve, authorize and establish the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: The 2010 Energy Improvements Project involves the replacement of obsolete, inadequate, damaged, destroyed and worn out apparatus and equipment and the acquisition of additional apparatus and equipment, together with related ancillary facilities, at the Ithaca Area Wastewater Treatment Facility, and consists of the improvements set forth below and as more particularly shown and described in said plan and report presently on file in the office of the Town Clerk: (i) Lighting systems modifications , and (ii) Installation or upgrades to energy management systems, and (iii) Energy efficiency improvements to the building envelope and HVAC systems, and (iv) Replacement of the digester mixing equipment, cogeneration facility, heat exchanging equipment, boilers and aeration blowers and dissolved oxygen control systems , and be it 2 FURTHER RESOLVED , that the area hereby determined to be benefited by said Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED , that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights , and be it FURTHER RESOLVED , that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs , legal fees and other expenses , is $ 3 , 100,362, which shall be financed as follows : temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca sewer system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, and be it FURTHER RESOLVED , that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED , that the Town Clerk be and hereby is authorized and directed to file a certified copy of this Order in the office of the State Department of Audit and Control , at Albany, New York, together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid Improvement, within 10 days after the adoption of this Order, and be it FURTHER RESOLVED , that the Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town, and be it FURTHER RESOLVED , that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the receipt of notification of the approval of the State Comptroller, 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. The question of the adoption of the foregoing Order was duly put to a vote on roll call , which resulted as follows : Herb Engman, Supervisor, Aye ; Councilpersons : Bill Goodman , Aye, Pat Leary, Aye ; Eric Levine, Aye ; Rich DePaolo , Aye ; Tee-Ann Hunter, Aye and Susan Riha, Aye. The Order was thereupon declared duly adopted . 3 LEGAL NOTICE OF ADOPTION NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca, Tompkins County, New York, at a meeting held on December 30, 201 , duly adopted the following two Public Interest Orders , which are published herewith, subject to a permissive referendum. Dated : Ithaca, New Y rk, 20_. f W toe %0'� V 7z Town erk 4 ..:�'�` . , Yr'��L -_-�¢ » W+ti Ss-w W�v�.''.� F '£ � u, ,�:_. .yy'y, su�.• „ c- 'a 4, r -'=" 5 ^ht �"'�xs' r a LE G b9 IM - ' �Y u .4 L . e '0 also , 85d tegals ` ` os0 `tegals 01f, i egsls o L�gets3. os0 legals•. 0 legais ° 05��0 LEGAL NOTICE OF Ing that said Town Board area of the Town described is hereby directed and.,or- Improvement, a description the proposed benefited ga .Heights, and be it FUR- tion of the. foregoing.Orde� ADOPTION . shall meet-at the Town Hall, as follows'and as more par- tiered to cause a ' certified of the ' boundaries of the area. THEIR RESOLVED, that the :was duly put to a vote or 21.5 North Tioga,Street, in titularly shown and -descri copy of this Order to be du- proposed benefited area, (4) That ' the . proposed- maximum •proposed to be roll 'call, which resulted a: NOTICE IS HEREBY .GIV- Ithaca, New York, in said bed in said plan, report and ly recorded in the Office of the maximum amount. pro- method of apportioning the expended by the Town of ,followh: Herb Engman, Ayes EN that the Town Board of Town, r on the '30th day of map presently on file in the the Clerk bf the County of posed to be expended for costs of the Improvement Ithaca for the Improvement, Bill Goodman, Aye, Pal ' the Town of Ithaca; Tomp December, 2010 - at 10:05 office of the Town Clerk: Tompkins within ten days the Improvement, the pro- should not be changed. including costs of rights of teary, Aye; 'Rich :DePaolo� kins County, New York, at AM. Prevailing Time, for the This project consists of re- of the date this Order be- posed method of (5) :It is in the public inter- .way, construction costs, le- Aye; Tee-Ann Hunter, Ay( a meeting held on Decem= purposes of conducting a placing approximately 959 comes effective pursuant apportioning the costs of est to authorize, establish, gal fees and other expens- - and Susan Riha, Aye. Thi bar 30, 2010, duly adopted public hearing on such pro- feet, of 6' and 8°clay tile, to Town. Low Section 91 , such Improvement, the pro- and make the Town of Itha- es', is $ 3,100,362, which Order was thereupon del . Public. Interest Orders 'pub- posal to provide said Im- with 12' PVC, of the jointly- which when. so recorded, posecil method of financing' ca 2010 Energy Improve- .shall be financed as folk clared duly adopted. .-' lished herewith subject to a provemenf, and to "hear all owned sanitary sewer inter- shall be presumptive evi= to be employed, the fact ments Project . Sewer Im- lows: temporary financing permissive referendum. persons interested in the captor along Hector Street dente of the regularity of that a plan, map and report provement. for the Ithaca "under a bond anticipation Paulette Terwilliger .i,. .PRESENT: . Herbert .Frig- subject thereof,concerning, starting at the, intersection the proceedings and action .describing the same are on Area Wastewater Treat- note, and upon maturity of Town Clerk _ man, Supervisor; Council- the same, and ' with Sunrise Road and ex- taken by the Town Board in file in the Town Clerk's of- ment Facility as hereinafter the bond anticipation note, 1 /10/20.11 ' , I - persons Bill Goodman, Pat WHEREAS, copies of -said tending north until aman- 'relation to the aforesaid im- fice for public inspection, -described, and bb it the issuance of serial Leary,Tee Ann Hunter, Order were duly published hole in front of house #417, provement and specifying that said FURTHER RESOLVED, 'bonds of said Town of Itha Susan Riha ; . and Rich and .posted according to in the 'City, of Ithaca, New Town Board shall meet at that the Town Board does :ca to mature' in annual in- DePaolo In the Matter of law, and said Town Board York, and be it The question of the adop- the Town Hall. -215 North hereby approve, authorize stallments over a periodi A Proposed Sewer Im- did, at the time add - place FURTHER RESOLVED, tiogof the foregoing Order Tioga Street, in -Ithaca, and establish the Town of 6ot^'16- exceed 20 ,'years, ''' provement-for the Town of specified in said 'Order, du- that the area hereby deter- was, duly put to a vote on New York, in said Town,-on Ithaca , 2010 ,Energy Im- such bands to be paid from i Ithaca. Tompkins County, ly meet and consider such mined to be benefited by roll call, which resulted as . the30th day of December, provements Project Sewer assessments. levied :y�nx New York, pursuant to Artr . Proposal and held a public saidnTowmof Ithaca Hector follows: - Herb Engman; '20t0 at 10: 10 A.M. Prevail- Improvement for the Ithaca and.collected''frurR%the �S 'r•; cle '12-C of ,the Town Law,; hearing in which it heard all St-,.Joint Interceptor Re- Aye; ' Bill Goodman, Aye, ing. Time, for the purposes Area Wastewater Treat- eral lots and parcels of land to be known as the Town' persons interested in the placement Sewer Improve. 'Pat Leary, Aye: Rich of conducting a public hear- ment Facility in the area of in said Town of Ithaca sew.. of Ithaca Hector St. subject thereof, who ,ap- ment is all of that portion of'DePaolo; Nay. Tee-Ann ing' on such proposal' to the Town described as fol' •er system benefited area t', Joint Interceptor Re - peared at such time and the Town outside of the Vil- Hunter, 'Nay and Susan Ri.: provide said Improvement, lows and as more particu- which are deemed benefit-r- placement Sewer Im - Place; concerning the. ]age of Cayuga Heights, ha, Aye The Order was and to hear all persons •in- lady shown and described ad by said Improvement,. so { provement. same, and : and be it . thereupon declared duly terested in the subject in said plan, report and map much upon and - from each i WHEREAS, the Town FURTHER. RESOLVED, adopted. thereof , concerning the ..presently on file ,in the of- ' as shall..be in just propor- • WHEREAS, a plan, report Board now desires to au- that all of the allocable same, and fice of the Town Clerk: The tion to the .amount of the and map, including an esti- thonze the Improvement costs of said Improvement In the Matter of A Pro- 2010 Energy Improvements '.benefit which the Improve- shall mate of cost, ' have been based on the evidence, of- be bome -wholly_ by posed Sewer ,Improvement WHEREAS, copies of said Project involves ' the re- meet shall confer upon the; duly prepared in such man- fered at such time and property within the Town.of in the Town ; of Ithaca, Order were duly published placement of obsolete, in- same, and'be.it j ner'and in such detail as place, and ` '- - Ithaca sewer improvement Tompkins ' County, New' and ' posted according to adequate, damaged, de- FURTHER RESOLVED, ; has heretofore been deter- WHEREAS, at its Year-End benefited area,- being the York, , pursuant to Article .law, and said Town Board stroyed and worn out a' a- that this ,Order is subject.to1 by the Town Board Meeting on December 30,. entire area of the Town out 12-C of the Town Law, to did, � at the time and place ratus and ,- equipment and a ,permissive referendum ini e • Town of Ithaca; 2010, the -Town Board de- .side of the Village of Cayu be known as the Town of specified in said .Order, du- the.acquistion of additional the manner provided ' in ins -County, New. termined approval, con-- ga_ Heights,.and be it. Ithaca 2010 Energy ly meet and consider such 'apparatus and equipment, Town. Law Article 7 ' and, relating to the crea-,'struction and '.implementa- FURTHER - RESOLVED, Improvements Project proposal and held a .public together with related ancil- Town Law Section 209-q'4 nd construction, .pur- tion of the Improvement, thaf the maximum pro- Sewer Improvement hearing. in which it heard all lary facilities, at the Ithaca and be it to Article 12-C of the• which, is an Unlisted,Action posed to be expended by for the Ithaca Area persons interested ' in the Area Wastewater Treat.FURTHER RESOLVED,4 Law: of . sewer sys- pursuant to the regulations ;the- Town of Ithaca for. the Wastewater _ Treat - subject thereof, who . ap- meet Facility, and consists that the Town Clerk be and tern improvements to be of the New York State De- - Improvement, . including ment Facility. peared at such time and of the improvements set hereby is authorized and diy known andidentified as the partment of Environmental costs of rights of way, con- WHEREAS, a plan, report place, concerning the forth:' below and as more rected to file a certifiad' Town of . Ithaca Hector St. Conservation promulgated struction costs, legal fees and map, including' an 'esti- same, and - . particularly shown and de- copy of this Order in the of-j ' - Joint Interceptor Replace- pursuant to the State Envi- and other expenses, is $ mate of cost, have been scribed in said plan and re- fice of the State Depart-a "- ment Sewer Improvement, ronmental Quality Review 99,876.71 , which shall be duly prepared in such man- WHEREAS, the Town port presently on file in the 'ment of Audit and Control,, and hereinafter also rgfer-. Act, will not result_ in ,any financed as follows: The ner and in. -such detail as Board now..desires 'to au- office of :the Town Clerrk:, at Albany, New York, to- i red to as the 'Improve- significant adverse environ- proposed method of financ- -has heretofore been deter thorize the Improvement (i) lighting systems modifi- 9gether with an app]icatiom 'ment,"' to provide such mental effects; . .ing to be employed by said mined by the Town Board based on the evidence of- cations, and . ' in the form prescribed' by ( sewer Improvement inc]ud- .NOW, THEREFORE, BE IT Town of Ithaca consists of ;of , the Town of ,' Ithaca, fered at such'r time and (iii Installation or upgrades said - State Comptroller -fortt, ing extensions, to the pres- RESOLVED, by the Town expenditure of current rev- Tompkids County, New .place, and to energy : management the approval. of -the States ant. Town sewer improve Board that it be and hereby enues and surplus furids .York, relating to the crea- - : systems, and Comptroller to the provid- menL such sewer system -is determined as follows:. from sewer rents and -tion and. construction, pur- WHEREAS, at its Year-End (iii) .Energy efficiency im- ing of the aforesaid Im- Improvement constructed (1 ) The- notice of hearing charges from the Town of suant to Article 12-C of the -meeting on December 30, provements to the building provement, within 10 days ':and. owned by the Town of was published and posted Ithaca sewer s' stem bene- Town Law, ' of sewer sys- 2010, the Town Board* de- envelope and HVAC sys- after the adoption of this k Ithaca, and as required bylaw and is- filed area, and be it , .tem improvements %to be . termined' approval, con- tems, and " Order, and be it ' otherwise sufficient. . 'FURTHER RESOLVED, known and identified as the struction and implementa- (iv) Replacement 'of the di- FURTHER_ • RESOLVED, E WHEREAS, after said plan, (2) That all 'of the. property that this Order is subject to ,Town of Ithaca 2010 Ener- tion of the Improvement, gester mixing equipment, that the Town Supervisor ' report and map, including within the proposed bene- ..a permissive referendum in gy Improvements Project which is an Unlisted Action cogeneration facility', - heat be and hereby is authorized v estimate of cost, were pre- fited area is benefited: by the manner provided in Sewer Improvement for the pursuant,to the regulations exchanging equipment, boil- and .directed - to • execute f pared by a competent engi- the proposed Improvement.' Town Law ' Article ' 7 and Ithaca Area Wastewater of the New York State De- ers and aeration blowers said application on behalf of -- near, duly, licensed by the (3) .That a]I,of the property ,Town Law Section209-q, -Treatment ' . Facility,' and partment of Environmental and• dissolved oxygen con- 'the Town, and be it ' _ state of New 'York, and benefited is included within and be it . hereinafter also referred to Conservation promulgated trol systems,�and be it FURTHER RESOLVED, filed 'in the office of the the proposed benefited FURTHER RESOLVED, as -the ;Improvement," to pursuant to the State Envi- FURTHER ' RESOLVED, that pursuant to subdivision { ' Town Clerk, the said Town area. . ' that the expense of the provide such sewer Im- ronmental Quality' Review that the area hereby deter- 6(d) of Section 209-q of the Board did, on December (4) That the proposed aforesaid Improvement .provement including exten Act, will not result,•in any mined to be: benefited by Town Law, the Town Clerk C ' 13, 2010, duly adopt an Or- method- of apportioning the does not exceed one-tenth 'sions, to. the present Town' significant adverse environ- said Town of Ithaca 2010 is hereby directed and or- E der' reciting the Improve- 'costs -of the Improvement of one percent of the' full sewer- improvement, such mental effects, Energy Improvements Pr' - dered to cause a certified c ment, a description, of the should not be changed. valuation of the taxable real ,sewer system.]mprovement act Sewer Improvement for copy of this Order to be du- boundaries of the proposed (5) It is in the public inter- property in the area of said to be constructed and NOW, THEREFORE, BE ff the Ithaca Area Wastewa ly recorded in the Office of benefited area, the- maxi- est to authorize, establish, STown outside of villages owned by the Town of Itha- RESOLVED; by the Town tet Treatment Facility is all the Clerk of the County of mum amount proposed to and make the Town of Itha- and, .therefore, in accord. ca, and. Board that it be.and hereby of that portion of the Town Tompkins within. ten days i be expended -for the Im- ca Hector St. - Joint Inter- ante with the provisions of .WHEREAS. after said plan, is determined as follows: outside of the Village of of the receipt of notification provement, the proposed captor Replacement Sewer subdivision 13(a) of Sec- report and map, including (t ) The notice' of hearing Cayuga Heights, and be it, of the approval of the,State , ; method of apportioning the Improvement as hereinafter tion 209-q of -':the Town' estimate of cost,were pre- was published and posted FURTHER ' RESOLVED, Comptroller, which when '; costs of such Improve- described, and be it Law, the permission of the pared by a competent,engi- as required by law and :is that all of the allocable so recorded, , shall be pre- ment, the proposed meth- FURTHER ' RESOLVED, State Comptroller is not re- "peer. 'duly licensed by the otherwise sufficient. costs of -said improvement sumptive evidence of the -od of financing to be em- that the Town Board does quired for such improve state of New York, and (2) That- all of the property shall bed bome wholly by regularity- of the proceed- the facrthat .aip]an, hereby approve, authorize ment, and be it filed in the office of the .within the proposed 'bene; property within the Town of ings and action taken by nd report describing and establish the Townrof FURTHER RESOLVED, Town Clerk. -the'said Town fited• area is'- benefited by Ithaca sewer improvement the Town Board in relation ame are on file in the Ithaca Hector St: Joint In that pursuant to subdivision Board did, on `December the proposed Improvement benefited area, being the to the aforesaid imp rove- . Clerk's office for pub terceptor Replacement 6(d) of Section 209-q;of the 13, -2010, duly adopt Or- (3) That all of the. property entire area of the Town out- menu l pection, and specify Sewer Improvement in the Town Law, the Town Clerk der reciting 'the . proposed benefited is included within side of the Village of Cayu-.• The -question of the adop- , j CERTIFICATION FORM STATE OF NEW YORK ) ) ss . . COUNTY OF TOMPKINS ) I, Paulette Terwilliger, the undersigned Clerk of the Town of Ithaca, Tompkins County, New York (the "Issuer") , DO HEREBY CERTIFY : 1 . That a meeting of the Issuer was duly called, held and conducted on the 30`h day of December, 2010, 2 . That such meeting was a Year-End meeting. 30 That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4 . That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5 . That all members of the Board of the Issuer had due notice of said meeting. 6 . That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law" , 7 . That notice of said meeting was caused to be given PRIOR THERETO in the following manner: PUBLICATION December 16, 2010 POSTING December 20, 2010 IN WIT WS S WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer thi flay of January 2011 . Town Clerk (CORPORATE SEAL) 5