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Home My WebLink About446733-003Aurora 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. 446733 DATE: 01 /08/2004 Time: 11:51 AM Document Type: MISC RECORDS INSTRUMENT NUMBER *446733-003* Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF Parties To Transaction: YEAR END MEETING (3) Deed Information Consideration: Transfer Tax: RETT No: State of New York Mortpane Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: Tompkins County Clerk Mortgage Serial No.: 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 1111111111111111111111111111111111111111111111111111111 YEAR END MEETING OF THE ITHACA TOWN BOARD WEDNESDAY, DECEMBER 31, 2003 TB RESOLUTION NO.2003-215: PUBLIC INTEREST ORDER: In the Matter of Acquiring an Interest in Several City of Ithaca Sewer Interceptors and City of Ithaca Pump Stations for Transmission of Town Waste Water from the Town to the Ithaca Area Waste Water Treatment Plant Which Acquisition is to be Known as the 2003 Joint Sewer Interceptor Acquisition Project for the Town of Ithaca, Tompkins County, New York Pursuant to Article 12-C of the Town Law At a regular 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 31 st day of December, 2003, at 10:00 o'clock a.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson David Klein Councilperson William Lesser Councilperson Thomas Niederkorn ABSENT: Councilperson Will Burbank WHEREAS, a plan, report, map, and supplement have been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the acquisition of an interest in several City of Ithaca sewer interceptor lines and pump stations and related facilities pursuant to Article 12-C of the Town Law to be known and identified as the 2003 Joint Sewer Interceptor Acquisition Project, and hereinafter also referred to as "Improvement" or "Project", to provide sewer capacity for transmitting waste water from the Town of Ithaca town line through the City of Ithaca to the present Ithaca Area Waste Water Treatment Plant (the "IAWWTP") in the City of Ithaca managed jointly with the Town of Ithaca and the Town of Dryden, such sewer system capacity and interest to be purchased from the City and owned by the Town of Ithaca, and WHEREAS, said plan, report and map have been prepared by Sterns and Wheler as supplemented by Daniel Walker, the Town's Director of Engineering, all competent engineers duly licensed by the State of New York and which plan, report, map and supplements have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the area of said Town determined to be benefitted by said 2003 Joint Sewer Interceptor Acquisition Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed 2003 Joint Sewer Interceptor Acquisition Project consists of the sewer improvements set forth below, as more particularly shown and described in said map, plan, report, and supplement presently on file in the Office of the Town Clerk: Acquisition of a 41.57% ownership interest and related 41.57% of the capacity of a number of sewer interceptors located in the City of Ithaca through which waste water from the Town is carried to the IAWWTP, acquisition of a permanent 41.57% ownership interest and related 41.57% of the capacity of TB RESOLUTION NO. 2003-215 PAGE 2 several pump stations located in the City of Ithaca which provide pumping facilities for the transmission of waste water from the Town to the IAWWTP, acquisition of a temporary 17% ownership interest and related 17% of the capacity of several other pump stations located in the City of Ithaca, and acquisition of a temporary right to use 10% of the capacity of the Giles Street Pump Station located in the City of Ithaca, together with comparable ownership interests in the associated controls, piping, and other structures; and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 661,000 . The proposed method of financing to be employed by said Town of Ithaca consists of paying the purchase price from current revenues and existing surplus funds from the Town of Ithaca Sewer System Benefitted Area Fund; and WHEREAS, the implementation of this project will be through an agreement with the City of Ithaca for the purchase, maintenance, operation, repair, replacement, and addition to said interceptors and pump stations and related controls, piping, and other structures (the "Joint Interceptor Agreement"); and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on December 8, 2003, calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing sewer improvements to be known as the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement, such public hearing having been scheduled for the 31 st day of December, 2003, at 10:25 o'clock a.m., Prevailing Time, at the Town Hall, 215 North Tioga Street, in the City of Ithaca, Tompkins County, New York, at which time and place all persons interested in the subject thereof could be heard concerning the same; 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 Town Board has reviewed a Short Environmental Assessment Form ("SEAF") prepared by the Town of Ithaca Director of Engineering dated December 23, 2003, pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the related laws and regulations of the Town of Ithaca (all collectively referred to as "SEAR"), which SEAF recommends the Town Board determine that the proposed Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement, will not result in any significant environmental effects; and WHEREAS, it is now desired to consider such SEQR recommendation and, if the Town Board finds that no significant adverse environmental effects will result from such proposed acquisition, authorize the improvement to be known as the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project, and the execution of any related agreement; TB RESOLUTION NO. 2003-215 PAGE 3 NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. After review of the SEAF and the materials contained therein, the Town Board hereby determines that the proposed Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project and the execution of any related agreement, is an "Unlisted Action" under SEQR, the implementation of which as proposed will not result in any significant environmental effects. Section 2. It is hereby determined that it is in the public interest to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 3. The proposed improvement shall consist of acquisition of a 41.57% ownership interest and related 41.57% of the capacity of a number of sewer interceptors located in the City of Ithaca through which waste water from the Town is carried to the IAWWTP, acquisition of a permanent 41.57% ownership interest and related 41.57% of the capacity of several pump stations located in the City of Ithaca which provide pumping facilities for the transmission of waste water from the Town to the IAWWTP, acquisition of a temporary 17% ownership interest and related 17% of the capacity of several other pump stations located in the City of Ithaca, and acquisition of a temporary right to use 10% of the capacity of the Giles Street Pump Station located in the City of Ithaca, together with comparable ownership interests in the associated controls, piping, and other structures. Section 4. The Town of Ithaca, subject to the approval of the voters of the Town of Ithaca if a referendum is requested, hereby authorizes the expenditure of up to $661,000.00 for the Town of Ithaca 2003 Joint Sewer Interceptor Acquisition Project and the payment of all costs incident thereto, including engineering fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project." Section 5. The proposed method of financing to be employed by said Town of Ithaca consists of paying the purchase price from current revenues and existing surplus funds from the Town of Ithaca Sewer System Benefitted Area Fund. Section 6. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 /10th of 1 % of the full valuation of the taxable real property in the area of said Town outside of Villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 7. The Town Supervisor and members of the Town Board are authorized to execute the TB RESOLUTION NO. 2003-215 PAGE 4 Joint Interceptor Agreement on behalf of the Town and the Town -wide Sewer Improvement Benefitted Area with such changes therein, if any, that may be made prior to such execution. Such execution shall be conditional upon there being no petition filed seeking a referendum on this order or, if one is filed, upon the approval of this order by the electors of the Town of Ithaca residing outside the Village of Cayuga Heights. Section 8. 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 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 9. Within 10 days after the adoption of this order by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this order and contain an abstract of this order, concisely stating the purpose and effect thereof. Such notice shall specify that such order was adopted subject to a permissive referendum. Section 10. This order shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 11. This resolution and order is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. The question of adoption of the foregoing public interest order was, upon motion made by Supervisor Valentino and seconded by Councilwoman Russell, duly put to a vote on a roil call, which resulted as follows: Supervisor Valentino Voting aye ; HERESY ULH I II I it 1AI It IL ,-oriLGOING IS A Councilperson Russell Voting aye TRUE COPY OF A RESOLUTION ADOPTED BY THE Councilperson Grigorov Voting aye TOWN BOARD OF THE TOWN OF ITHACA, rJt COUNTY, NEW YORK, ON THE �1 Councilperson Klein Voting aye TOMPKINS DAY OF n( CC V- V_)f 11 20 D IS Councilperson Lesser Voting aye T`HEE,WHQLE OFTHE Councilperson Niederkorn Voting aye 1 —�, Date Town Clark/Deputy Town Clerk The resolution was thereupon declared duly adopted. The undersigned, Town Clerk of the Town of Ithaca, does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on December 31, 2003. Tee -Ann Hunter, Town Clerk