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Home My WebLink About440618-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607 274-5431 Fax: 607-274-5445 No. of Pages: 4 Receipt No. 440618 DATE: 09/25/2003 Time: 14:13 Document Type: MISC RECORDS Parties To Transaction: RESOLUTION Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *440618-001* Delivered By: ITHACA TOWN Return To: ITHACA TOWN BOX Mortuage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 11111111111111111111111111111111111111111111111111111111111 SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY, SEPTEMBER 22, 2003 TB RESOLUTION NO. 2003-124: PUBLIC INTEREST ORDER In The Matter of the Proposed Phosphorus Removal Project For the Sewage Treatment Plant in The City of Ithaca Serving the Town of Ithaca to be known as the Joint Sewage Treatment Plant Phosphorus Removal Improvement Project for the Town of Ithaca, Tompkins County, New York pursuant to Article 12-c of The Town Law. At a special meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 22nd day of September, 2003, at 7:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson David Klein Councilperson William Lesser Councilperson Will Burbank ABSENT: Councilperson Carolyn Grigorov Councilperson Thomas Niederkorn WHEREAS, the Town Board of the Town of Ithaca by Public Interest Order adopted on June 9, 2003, authorized, subject to a permissive referendum, the expenditure of up to $1,681,800.50 as the Town's contribution towards the $4,115,000 cost of constructing a phosphorus removal facility at the joint sewage treatment plant in the City of Ithaca managed by the City jointly with the Towns of Ithaca and Dryden (the "Joint Sewage Treatment Plant Phosphorus Removal Improvement Project" sometimes also referred to as the "Improvement") which Improvement is more fully described in the Public Interest Order adopted June 9, 2003, which description is incorporated into this resolution as if fully set forth herein; and WHEREAS, the Town consented to the solicitation of bids for the Improvement prior to the expiration of the thirty day period for applying for a referendum, conditional on no bids being accepted until the 30 day period had expired and no petition for a referendum was filed; and WHEREAS, the City of Ithaca solicited and received bids for the project; and WHEREAS, the costs of the bids, together with other amounts related to the work, exceed $4,115,000; and TB RESOLUTION NO. 2003-124 PAGE 2 WHEREAS, rather than reduce the scope of the project, and in order to provide for a reasonable contingency in the event unforseen circumstances arise during the progress of construction that would require additional funds, the Town Board believes it advisable to increase by $333,500 the authorized expenditure for such project and to increase the Town's contribution towards the cost of said project by $136,301.45; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on September 8, 2003, calling a public hearing to consider the authorization of the expenditure of the increased amounts for the Improvement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law and applicable provisions of the General Municipal Law; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, the Improvement was previously determined to be an "Unlisted Action" pursuant to the laws and regulations of the Town of Ithaca adopted pursuant to the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation promulgated thereunder, the implementation of which as proposed, the Town Board determined on June 9, 2003, would not result in any significant environmental effects; and WHEREAS, the scope and nature of the project has not changed from that which existed at the time of the negative determination of environmental significance, only the cost, and thus the increase in the expenditure for the project does not result in any change that would require additional environmental review; and WHEREAS, it is now desired to authorize the increase in expenditures for the project; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town Board of the Town of Ithaca as follows: Section 1. It is hereby determined that it is in the public interest to make the improvement hereinafter described at the increased cost hereinafter set forth, and such sewer improvement at such increased cost is hereby authorized. The proposed area hereby determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. TB RESOLUTION NO. 2003-124 PAGE 3 Section 2. The Improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent channel at the sewage treatment plant located at 525 Third Street, Ithaca, New York, operated jointly for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden, together with associated controls, piping, and other structures. Section 3. The Town of Ithaca, subject to the approval of the voters of the Town of Ithaca if a referendum is requested, hereby authorizes an increase in the expenditure by the Town for its share of the cost of such previously authorized Improvement of $136,601.45, making the total maximum amount authorized to be paid by the Town towards the cost of such Improvement $1,818,101.95, as the Town's share of the jointly funded project cost of $4,448,500.00 forthe construction, installation, and equipping of such project and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project" and all of such actions being authorized pursuant to Section 209-q of the Town Law. Section 4. $4,448,500 is now estimated as the maximum cost for Project and $1,818,101.95 estimated as the maximum amount of the Town's share of the cost of the Project. Section 5. The plan for the financing of the Town's share of the costs of the Project consists of payment from surplus funds of the Town of Ithaca Sewer Benefitted Area Account to pay for the costs of such renovation, expansion, construction and equipping costs. Section 6. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 7. It is not anticipated that the Town will finance the cost of such sewer improvement by the issuance of any bonds, notes certificates or other evidences of indebtedness of the Town, and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 8. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. TB RESOLUTION NO. 2003-124 PAGE 4 Section 9. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilwoman Russell, and seconded by Councilman Lesser, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye Councilperson Russell Voting aye Councilperson Klein Voting aye Councilperson Lesser Voting aye Councilperson Burbank Voting aye The resolution and public interest order was thereupon declared duly adopted. I HEREBY CER III Y I I IA I' THE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE TOWN BOARD OF THE TOWN OF ITHACA, , TOMPKIN COUNT'( NEVV YORK, ON DAY OF V 2 A' E WWF6LE 0 IN' ({ Date Town Clerk/Deputy Town Clerk ;1d Sz d3S COOL 1';nr Sift; + 03?!.�/p3AG1 .3L4 ��