HomeMy WebLinkAbout2015-02925 ,r Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: AFFIDAVIT - MISC Receipt Number: 15-86621
Party 1 Party 2
TERWILLIGER, PAULETTE
Fees
Recording Fee $0.00 Instrument #: 2015-02925
Pages Fee $0.00
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on March 23rd, 2015 at 1:30:25 PM with a
total page count of 9.
jy�QIJIQ��
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
Ac Do Not Detach
2015-02925 03/23/2015 01:30:25 PM
AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
Paulette Terwilliger, being duly sworn, deposes and says:
1. I am the duly appointed and acting Town Clerk of the Town of Ithaca, New York (the
"Town").
2. On the 23`d day of February, 2015 the Town Board of the Town adopted
TB Resolution 2015-027: Adoption of a Public Interest Order to be known as the
Town of Ithaca Influent Building and Dewatering System Sewer Improvement at
the Ithaca Area Wastewater Treatment Facility, and establishing the Town of
Ithaca Influent Building and Dewatering System Sewer Improvement Area
3. Said resolution was subject to permissive referendum.
4. Within 10 days after the adoption of the resolutions aforesaid, I did, in the same
manner as provided for a notice of special election,post and publish notices setting forth
the date of the adoption of the aforesaid resolutions together with an abstract of such
resolutions, concisely stating the purpose and effect thereof and that said resolutions were
adopted subject to a permissive referendum.
5. More than 30 days have elapsed since the adoption of said resolutions and the posting
and publication of the aforesaid notices and no petition protesting against such
resolutions and requesting that it be submitted to the qualified electors of the Town for
their approval or disapproval has been filed with the deponent Town Clerk.
Paulette Terwilliger
Town Clerk
Sworn to before me this
day of
Notary Public
Debra DeAugistine
Notary Public-State of New York
No.01DE6148035
Qualified in Tompkins County /(
My Commission Expires June 19,20
2015-02925 03/23/2015 01:30:25 PM
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,
Tompkins County, New York 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:
O ADVERTISEMENT
D NOTICE OF PUBLIC HEARINGS
O NOTICE OF ESTOPPEL
NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER
Adoption of PIO for the TOI Influent Building and Dewatering
System Sewer Improvement at the IAWWTP
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: 2/27/2015
Date of Publication: 2/27/2015
Paulette Terwilliger
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this day of
2015.
Nbtary Public - y
Debra DeAugistine
Notary Public-State of New York
No.01 DE6148035
Oualified in Tompkins County
My Commission Expires June 19,20 i `
2015-02925 03/23/2015 01:30:25 PM
o''e• # `
WHEREAS, copies of said
$3.090.528, It being deter-
Order were duly published mined .that -the additional liable on the bonds. The
and posted according to law, $4,469,472 of the, Town of Ithaca will reimburse
Town of Ithaca and said Town Board did,at $7,560,000 aggregate maxi- the City of Ithaca through a
Notice of Adoption the time and place specified mum cost shall be appor- contract between the City of
Permissive Referendum in said Order,duly meet and tioned and allocated to the Ithaca and the Town of Itha-
consider such proposal and City of Ithaca and Town of ca. The Town of Ithaca's
TB Resolution 2015.027: held a public hearing in which Dryden, pursuant to the contractual payments to the
Adoption of-Public In. it heard all persons Interested terms of the December 31, City of Ithaca are proposed
tercet Order to be in the subject thereof, who 2003 Joint Sewer Agreement to be paid by expenditure of
known as the Town of appeared at such time and among the Town of Ithaca, current revenues and surplus
Ithaca. Influent Building place,concerning the same. City of Ithaca and Town of funds from sewer rents and
and Dewatering System and Dryden: charges to be assessed,lev-
Sewer Improvement at WHEREAS,the Town Board The project will consist of Im- ied upon and collected from
the Ithaca Area Waste- now desires to authorize the provements to the Influent the several lots and parcels
water Treatment Facili- Improvement based on the Building and dewatering sys- of land within such Sewer Im-
ty, and establishing the evidence offered at such time tems at the Ithaca Area provement Area, outside of
Town of Ithaca Influent and place,and an Wastewater Treatment Facili- Y village,9 which the Town -
Building and WHEREAS,at its Study Ses- ty located at 525 Third Street Board shall determine and
Dewatering System sion meeting on February 23, in the City of Ithaca„includ- specify to be especially bene-
Sewer Improvement 2015, the Town Board has ing: filed by the improvements; I
Area, determined approval, con- -Replacement of two existing and be It I
struction and implementation screens with two mechanical- FURTHER RESOLVED, that I
RESENT: Herb Engman,Bill the Improvement to be a ly cleaned screens in the In- this Order is subject to a per-
Goodman, Pat Leary, Rich Type II Action pursuant to the fluent Room, missive referendum in the
DePaolo, Tee Ann Hunter, regulations of the New York -Installation of screenings manner provided in Town
Eric Levine and Rod Howe State Department of Environ- washers and compactors, Law Article 7 and Town Law i
WHEREAS, a plan, report mental Conservation promul- -Installation of screenings Section 209-q,and be it
and map, including an esti- gated pursuant to the State handling equipment, FURTHER RESOLVED, that t
mate of cost,have been duly Environmental Quality Review -installation of an odor con- the permission of the Stale
prepared in such manner and Act(SEAR),the implementa- trol system, Comptroller is not required I
in such detail as has hereto. tion of which as proposed, •Lighting replacements and because the Town of Ithaca I
fore been determined by the said regulation provides will improvements, does not propose to finance f
Town Board of the Town of not result in a significant ad- -General maintenance and the cost of the Improvement F
verse environmental effect:it painting, the issuance of bonds, f
Ithaca. Tompkins County, pe' g, �'
New York,relating to the es- is Type II and not subject to *Improvements to the notes, certificates, or other E
review under SEQR fol the dewatedn F
tabliehment.and construction, Q g system with in- evidences of indebtedness of
pursuant to Article 12-C of following reasons: the Im- creased capacity the Town,and be it
the Town Law,of sewer sys- provement includes the pur- -installation of a new FURTHER RESOLVED, that t
tem improvements to be chase of equipment;replace. leachate reception and stor- pursuant to subdivision 6(d)b
known and identified as the ment in kind of ;in on the age system for leachate re- of Section 209.q of the Town E
Town of Ithaca Influent Build- P P g ce tion, equalization. and Law,the Town Clerk is here- t-
ing
ing and Dewatering System same site, maintenance in. P Y b directed and ordered to n
volving no substantial controlled discharge into the
Sewer Improvement at the changes in an existing strut- treatment plant;and be it cause a certified copy of this<
Ithaca Area Wastewater lure or facility;and construc- FURTHER RESOLVED, that Order to,be duly recorded in e
Treiltment Facility,and here- tion of accessory non- the area hereby determined the Office of the Clerk of the r
• ineft@r also referred to as the residential structures or Facili- to be benefited by said Town (Y of Tompkins
within t
'Improvement,' to provide of Ithaca Influent Building and ten days of the date this Or-I
P P ties involving less than 4,000 g der becomes effective pur- ;
such sewer Improvement to square feet of gross Boor Dewatering System Sewer P
the present Town sewer im- area and not involving a Improvement at the Ithaca suant to Town Law Section-
_provement,such sewer sys- Area Wastewater Treatment 91, which when so recorded,I
change in zoning or t use shall be presumptive tem Improvement to be jointly variance and consistent with Facility is all of that portion OF p p' evi-
constructed and jointly local land use controls;and the Town outside of the VII- dente of the regularity of the
t owned by the Town of Ithaca. NOW, THEREFORE. BE IT loge of Cayuga Heights,and proceedings and action taken
City of Ithaca and Town of RESOLVED, by the Town be it by the Town Board in relation
• Dryden,all of which are co- Board that it be and hereby is FURTHER RESOLVED, that to the aforesaid Improve.
owners of the Ithaca Area all of the allocable costs of ment.
determined notice
follows: The question of the ado do
Wastewater Treatment Facili- t l)The notice of hearing was said Improvement shall be 9 P'q
ty,to serve a benefitted areare- home wholly by property of the foregoing Order was
published and posted a ter- du put to a vote on roll call.
ui said Town of Ithaca to be quired by law and is other- within the Town of Ithaca In- ty
known as the Town of Ithaca was sufficient. fluent Building and which resulted as follows:
an,m y
- Influent Building and (2)That all of the property Dewatering System Sewer Herb En g aye;Bill Good-
Dewatering System Sewerwithin the proposed benefited p
Im rovement Area that is man, aye; Pat Leary, aye;
Rich DePaolo,aye;Tee Ann
• Improvement Area(the'Sew- hereby established.being the Y
area is benefited by she pro- t
T
f the Hunter,8 aye
er improvement Area'):,and entre area of own out- ye; Eric Levine,a
posed Improvement.
WHEREAS, akar said planand Rod Howe,aye. The, t3) That all of the property aide of the Village of Cayuga Y
_report and map.including es- benefited is included within Heights,and be it Order was thereupon de-
timate of cost,were prepared the proposed benefited area. FURTHER RESOLVED, said Glared duly adopted,
by a competent engineer,du- (4) $3,090.528 maximum esti- Paulette Terwilliger
od
I ly licensed by the state of That the proposed meth- Town Clerk
of apportioning the costs mated cost,which is the coat
New York,and filed in the of- of the Improvement should of the project to be expended 2/27/2015
fice of the Town Clerk, the not be changed. by the Town of Ithaca,shall
said Town Board did,on Feb (5)It is in the yublic interest be authorized to be paid,as
ruary 9;2015,duly adopt anfollows: Ithaca Area Waste-
Order reciting the proposed m authorize, n of Ithaca
and
O
_ make the Town of thaca In- water Treatment Facility co-
Improvement, a description fluent Building and owner City of Ithaca will issue
J of the boundaries of the pro- Dewatering System Sewer bonds to pay for the City of -
posed benefited area, the Improvement at the Ithaca Ithaca's share of the improve-
maximum amount proposed Area Wastewater Treatment ments at the Facility.as well
to be expended for the Im- Facility as hereinafter descri- ae for the Town of Ithaca's
t provement, the proposed bed,and be it Improvement. The Town of
method of apportioning the FURTHER RESOLVED, that Ithaca will not co-issue or be
costs of such Improvement, the Town Board does hereby
the proposed method of fi- approve,authorize and estab-
nancing to be employed,the lish the Town of Ithaca Influ-
fact that a plan,map and re- ent Building'and Dewatering
port describing the same are System Sewer Improvement
on file in the Town Clerk's of- at the Ithaca Area Wastewa-
fice for public inspection,and ter Treatment Facility in the
I.specifying that said Town area of the Town described
)• Board shall meet at the Town as follows and as more par-
Hall,215 North Tioga Street, ticulady shown and described
In Ithaca,New York,in said in said plan,report and map
Town, on the 23th day of presently on file in the office
February,2015 at 4:30 P.M. of the Town Clerk at an initial-
3,Prevailing Time,for the pur- ly determined maximum esti-
s, poses of conducting a public mated cost to said Sewer Im-
\4 hearing on such proposal to provement Area of
K provide said Improvement,
and to hear all persons inter-
ested in the subject thereof
concerning the some.and
2015-02925 03/23/2015 01:30:25 PM
1
MEETING OF THE ITHACA TOWN BOARD
215 N. Tioga St., Ithaca, NY Tompkins County
Monday, February 23, 2015, 4:30 p.m. EST
TB Resolution 2015 - 027: Adoption of Public Interest Order to be known as the
Town of Ithaca Influent Building and Dewatering System Sewer Improvement at the
Ithaca Area Wastewater Treatment Facility,and establishing the Town of Ithaca
Influent Building and Dewatering System Sewer Improvement Area.
PRESENT: Herb Engman, Bill Goodman, Pat Leary, Rich DePaolo, Tee Ann
Hunter, Eric Levine and Rod Howe
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
establishment 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 Influent Building
and Dewatering System Sewer Improvement at the Ithaca Area Wastewater Treatment
Facility, and hereinafter also referred to as the "Improvement," to provide such sewer
Improvement to the present Town sewer improvement, such sewer system Improvement
to be jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and
Town of Dryden, all of which are co-owners of the Ithaca Area Wastewater Treatment
Facility, to serve a benefitted area in said Town of Ithaca to be known as the Town of
Ithaca Influent Building and Dewatering System Sewer Improvement Area (the "Sewer
Improvement Area");, 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 February 9, 2015, 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
1
2015-02925 03/23/2015 01:30:25 PM
t
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 23`" day of February, 2015 at 4:30 P.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 Study Session meeting on February 23, 2015, the Town Board
has determined approval, construction and implementation the Improvement to be a Type
II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality
Review Act (SEQR), the implementation of which as proposed, said regulation provides
will not result in a significant adverse environmental effect; it is Type II and not subject
to review under SEQR for the following reasons: the Improvement includes the purchase
of equipment; replacement in kind of piping on the same site; maintenance involving no
substantial changes in an existing structure or facility; and construction of accessory non-
residential structures or facilities involving less than 4,000 square feet of gross floor area
and not involving a change in zoning or a use variance and consistent with local land use
controls; and
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.
2
2015-02925 03/23/2015 01:30:25 PM
(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
Influent Building and Dewatering System Sewer Improvement at 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 Influent Building and Dewatering System
Sewer Improvement at 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 at an initially determined
maximum estimated cost to said Sewer Improvement Area of $3,090,528, it being
determined that the additional $4,469,472 of the $7,560,000 aggregate maximum cost
shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to
the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca,
City of Ithaca and Town of Dryden:
The project will consist of Improvements to the Influent Building and dewatering
systems at the Ithaca Area Wastewater Treatment Facility located at 525 Third Street in
the City of Ithaca„ including:
• Replacement of two existing screens with two mechanically cleaned
screens in the Influent Room,
• Installation of screenings washers and compactors,
• Installation of screenings handling equipment,
• Installation of an odor control system,
• Lighting replacements and improvements,
• General maintenance and painting,
• Improvements to the dewatering system with increased capacity
• Installation of a new leachate reception and storage system for leachate
reception, equalization, and controlled discharge into the treatment plant;
and be it
3
2015-02925 03/23/2015 01:30:25 PM
t
FURTHER RESOLVED, that the area hereby determined to be benefited by said
Town of Ithaca Influent Building and Dewatering System Sewer Improvement at 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 Influent Building and
Dewatering System Sewer Improvement Area that is hereby established, being the entire
area of the Town outside of the Village of Cayuga Heights, and be it
FURTHER RESOLVED, said $3,090,528 maximum estimated cost, which is the
cost of the project to be expended by the Town of Ithaca, shall be authorized to be paid,
as follows: Ithaca Area Wastewater Treatment Facility co-owner City of Ithaca will issue
bonds to pay for the City of Ithaca's share of the improvements at the Facility as well as
for the Town of Ithaca's Improvement. The Town of Ithaca will not co-issue or be liable
on the bonds. The Town of Ithaca will reimburse the City of Ithaca through a contract
between the City of Ithaca and the Town of Ithaca. The Town of Ithaca's contractual
payments to the City of Ithaca are proposed to be paid by expenditure of current revenues
and surplus funds from sewer rents and charges to be assessed, levied upon and collected
from the several lots and parcels of land within such Sewer Improvement Area, outside of
any village, which the Town Board shall determine and specify to be especially benefited
by the improvements; 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 permission of the State Comptroller is not
required because the Town of Ithaca does not propose to finance the cost of the
Improvement by the issuance of bonds, notes, certificates, or other evidences of
indebtedness 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 date this Order becomes effective pursuant to Town Law Section
91, which when so recorded, shall be presumptive evidence of the regularity of the
4
2015-02925 03/23/2015 01:30:25 PM
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: PRESENT: Herb Engman, aye; Bill Goodman, aye; Pat
Leary, aye; Rich DePaolo, aye; Tee Ann Hunter, aye; Eric Levine, aye and Rod Howe,
aye. The Order was thereupon declared duly adopted.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Paulette Terwilliger, Town Clerk of the Town of Ithaca, do h eby certify that the above
resolution is an exact copy of the same adopted by the Ithaca Town Board aca at a meeting on the 23`d
day of February 2015. �—
SEAL Paulette Terwilliger,Town Clerk
5