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HomeMy WebLinkAboutTB Minutes 1974-06-10TOWN 05* ITHACA REGULAR BOARD MEETING June 10, 1974 - 5;00 p.m, At a Regular Meeting of the Town Board of the Town of Ithaca, Tomp- kins County, New York, held at the Town of Ithaca Offices at 108 East Green Street, Ithaca, New York, on the 10th day of June, 1974, at 5:00 p.m., there were PRESENTS ABSENTS ALSO PRESENT Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Noel Desch, Councilman Victor Del Rosso, Councilman Robert N. Powers, Councilmcun Barbara Holcomb, Chairman, Planning Board Reynolds Metz, Zoning Officer Peter Francese, Planning Consultant Erik F. Benkenhaup, 106 Eastern Heights Drive R. M. Cotts, 11^ Northview Road Courtney Crawford, Historic Ithaca Elinor Eberts, 230 Renwick Drive Paul Eberts, 230 Renwick Drive Bernard Gittelm^n, 109 Tudor Road Sandra Gittelman, 109 Tudor Road Rose Gostanian, Danby Road Stephen Greenspan, 120 Hudson Street Stephen W, Jacobs, Historic Ithaca Ruth Mahr, 103 Judd Falls Road Eleanor May, 1360 Slaterville Road Sharon Mier, 109 Judd Falls Road Lorraine McCue, 101 Regency Lane Pat Ostrander, 1460 Hanshaw Road Isabel J. Peard, 214 Forest Home Drive Edith A. Pigg, 326 Coddington Road Shirley Raffensperger, 139 Pine Tree Road Vicky Romanoff, Historic Ithaca Steve Shauger, 139 Honness Lane Vivian Singer, 432 Winthrop Drive Sue Vargo, 1182 E. Shore Drive David B. Wilson, 232 Troy Road Gretchen Sachse, Historic Ithaca Radio, TV, and Press The meeting was called to order at 5s25 p.m. APPROVAL OF MINUTES Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, that the minutes of the meetings of March 11, 25, 26, 1974 be approved as presented. Uneuiimously carried. APPOINTMENT TO LOCAL ADVISORY.BOARD OF ASSESSMENT REVIEW Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that Walter J• Schwan be appointed to represent the Town of Ithaca on the Local Advisory Board of Assessment Review, which Board will meet from 3s00 p.m. to 7s00 p.m., June 11, 1974 at the County Assessment Division, 128 E. Buffalo Street, Ithaca, New York Unanimously carried. - 2 - June 10, 1974 ELECTION INSPECTORS FOR 1974-1975 The Town Clerk submitted a list of Republican and Democrat Election Inspectors and alternates for 1974-75 for the Board's consideration. Motion by Councilman Desch? seconded by Councilman McElwee, RESOLVED, that the Republican and Democrat Election Inspectors and alternates, as approved by the respective chairmen of the Republican and Democrat parties, a list of which inspectors is attached to and made a part of these minutes, are hereby approved by the Town Board of the Town of Ithaca for the period July 1, 1974 through June 30, 1975. Unanimously carried. BOLTON POINT MATTERS Since the Bond Resolutionsrelating to the Bolton Point Intermunicipal Water Supply and Distribution facilities were adopted prior to approval by the State Comptroller, Department of Audit and Control, the Board took the following actions; At a regular meeting of the Town Board of the Town of Ithaca, Tompkihs County, New York, held at the Town Offices, 108 East Green Street, in the City of Ithaca, New York, on the 10th day of June, 1974 at 5s00 o'clock p.m. The meeting was called to order by Supervisor Schwan and upon the roll being called, there were PRESENTS Supervisor Walter J. SChwan Councilman Andrew W. McElwee Councilman Noel Desch ABSENTS Councilman Victor Del Rosso Councilman Robert N. Powers The following resolution was offered by Councilmcui Desch who moved its adoption, seconded by Supervisor Schwan, to wits WHEREAS, bond resolution dated April 8, 1974 entitled BOND RESOLUTION DATED APRIL 8, 1974. A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OP A WATER SUPPLY SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUNTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTII4ATED COST OF NOT EXCEEDING $4,150,000 INCLUDING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,150,000 JOINT SERIAL BONDS OF SAID TOWN OF DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NE^7 YORK. was adopted prior to the final date of approval of the project by the State Comptroller, it is RESOLVED; That the said resolution dated April 8, 1974 is hereby re pealed, and that this resolution" dated June 10, 1974, hereby adopted, shall take effect immediately. * * * - 3 - June 10, 1974 At a regular meeting of the Town Board of the Town of Ithaca, Tomp- kins County, New York, held at the Town Offices, 108 East Green Street, ^ in the City of Ithaca, New York, on the 10th day of June, 1974, at 5:00 I o'clock p.m. The meeting was called to order by Supervisor Schwan and upon the roll being called, there were PRESENT; Supervisor Walter J« Schwan Councilman Andrew W. McElwee Councilmah Noel Desch ABSENT: Councilman Victor Del Rosso Councilmah Robert N. Powers The following resolution was offered by Councilman Desch who moved its adoption, seconded by Supervisor Schwan, to wit: WHEREAS, bond resolution dated April 8, 1974 entitled BOND RESOLUTION DATED APRIL 8, 1974. r A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OP A WATER DISTRIBUTION SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OF DRYDEN, ITHACA AND LANSING AND THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUIJTY OF TOMPKINS, NEW YORK, AT A TOTAL ESTIP1ATED COST OF WOT EXCEEDING $1,930,000 INCLUDING INCIDENTAL EXPENSES IN COOTECTION THEREWITH AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,930,000 JOINT SERIAL BONDS OF SAID TOm OP DRYDEN, SAID TOWN OF ITHACA, SAID TOWN OF LANSING Al^JD SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN T0I4PKINS COUNTY, NEW YORK. was adopted prior to the final date of approval of the project by the State Comptroller, it is RESOLVED; That the said resolution dated April 8, 1974 is hereby repealed, and that this resolution dated June 10, 1974, hereby adopted, shall take effect immediately. * * * After the repeal of the bond resolutions of April 8, 1974, for the indicated reason, the Town Board took the following actions; Re-adopted the bond resolutions adopted on April 8, 1974 (See minutes of April 8, 1974) n - 4 - June 10, 1974 REFUNDS ON STREET OPENING PERMITS Supervisor Schwan read two letters of request for refunds of deposits for street opening permitss one from Robert Lo Fitzpatrick, 8240 Brokaw Road, Interlaken. New York,and one for Willis So Hilker, Presi dent, South Hill Estates, 400 Coddington Road, Ithaca, New York? the Fitzpatrick request for 148 and 156 Ridgecrest Road and the Hilker re quest for 137 Kendall Avenue. Motion by Couhcilman McElwee; seconded by Supervisor Schwan, RESOLVED, that a refund of $122.20 be made to ^Ir. Robert Fitzpatrick of 8240 Brokaw Road, interlaken. New York, for street opening permit deposits for 148 and 156 Ridgecrest Road ($100.00 each, less $77.80 expended by the ToWtt of Ithaca to repair road cuts to meet Town High way Department road specifications). Unanimously carried. Motion by Councilman McElwee? seconded by Supervisor Schwan, RESOLVED, that refund in the amount of $100.00 be made to Mr, Willis S. Hilker, President, Hilker Construction Co., Inc., 400 Coddington Road, Ithaca, New York, for street opening permit deposit for 137 Kendall Avenue. Unanimously carried. NEW YORK STATE EMPLOYEES RETIREMENT SYSTEM Supervisor Schwan reported to the Board that all Town of Ithaca employees could be provided under Section 60-b of the Retirement Law with coverage in the amount of $20,000 death benefit (should death occur while in the employe of the Town), for an annual sum of $428.00. The Board, therefore, took the following action: At a meeting of the Town Board of the Town of Ithaca, Torapkins County, State of New York, held at the Town Offices, 108 East Green Street, in the City of Ithaca, New York, on June 10, 1974, Councilman McElwee offered the following resolution, seconded by Supervisor Schwan: BE IT RESOLVED: That the Town Board of the Town of Ithaca does hereby elect to provide the benefits of Section 60-b of the Retirement and Social Security Law as presently or hereafter amended? and BE IT FURTHER RESOLVED? That this election shall become effective with the payroll period beginning on the 15th day of June, 1974. Unanimously carried. RESIGNATION AND APPOINTICTTS Supervisor Schwan reported that Mrs. Laurene Ripley, because of ill ness, would no longer be able to serve on the Town of Ithaca Zoning Board of Appeals, and that she has resigned, effective immediately. Barbara Holcomb, Planning Board Chairwoman, recommended that Peter K. Francese, formerly Planning Consultant for the Town of Ithaca, be appointed to complete Mrs. Ripley's unexpired term. Mr. Francese is willing to serve. Mrs. Holcomb also recommended that Mr. Francese take on the Chaimanship. n n - 5 - June 10, 1974 Motion by Supervisor Schwan? seconded by Councilman Desch, RESOLVED, that Peter K. Prancese be appointed to the Town of Ithaca Zoning Board of Appeals to fill the unexpired term of Mrs. Laurene Ripley, which term terminates December 31, 1975, this appointment to be effective immediately. Unanimously carried. Motion by Supervisor Schwari? seconded by Councilman McElwee, RESOLVED, that Petet K. FranCese be appointed Chairman of the Town of Ithaca Zoning Board of Appeals for the calendar year ending Decem ber 31, 1974. Unanimously carried. APPROVAL OF WARRANTS Motion by Councilman Desch? seconded by Supervisor Schwan, RESOLVED, that the warrants dated June 10, 1974, be approved as pre sented, in the following amounts; General Fund $ 67,335-77 Highway Fund $ 15,774,02 Water and Sewer Fund .... $ 3,197.68 Unanimously carried. REPORTS OF TOWN OFFICIALS Barbara Holcomb, Chairwoman, Planning Board, reported that the Planning Board at its meeting on May 21, 1974, by resolution, recommended to the Ithaca Town Board that they approve the amended fixed sign "Convenience Foods" for Bell's Grocery Store. Motion by Councilman McElwee; seconded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca approves the amended fixed sign "Convenience Foods" for Bell's Grocery Store, on the condition that no part of the sign or the lettering projects more than two feet from the face of the building. Unanimously carried. Mrs. Holcomb reported that the Planning Board, at its meeting of May 21, 1974, by resolution, recommended that the Ithaca Town Board approve the Bell Grocery Store free-standing sign, as presented, pro vided the letter size is reduced to 12 inches. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca, upon the reccom- mendation of the Ithaca Plcuining Board, approves the Bell Grocery Store free-standing sign, as presented, with the provision that the letter size be reduced to 12 inches. Unanimously carried. Mrs, Holcomb noted that the Bells will be sending a request to the Zoning Board of Appeals for permission to erect a temporary sign advertising their business until such time as the permanent sign can be delivered? the temporary sign will come down as soon as the perma nent sign is erected, * * * - 6 - June 10, 1974 MrSo Holcomb reported that Eastern Heights, Inc. intends to sell their property on the north side of Snyder Hill Road? that as a condition of the approval of the second phase of the Eastern Heights Subdivision the Planning Board had required that five acres of that parcel be reserved for the Town of Ithaca as a park. A letter has been written to Eastern Heights, Inc. indicating that the Town of Ithaca wants tjhat guarantee. •k it It Mrs. Holcomb reported that she had had a series of calls regarding the Lucente apartments on Sapsucker Woods Road, complain ing about possible violations of the occupancy provisions of the Zoning Ordinance, and that the Town Board should look into this. JOINT MEETING - TOWN BOARD AND PLANNING BOARD A joint meeting was arranged between the Ithaca Town Board and Ithaca Planning Board to be held on Monday, June 17, 1974 at 7s30 p.m. with regard to the proposed Zoning Ordinance. PUBLIC HEARING - PROPOSED AMENDMENT TO TRAFFIC ORDINANCE Proof of posting and publication having been presented by the Town Clerk, the Supervisor opened the public hearing to consider an amend ment to the Town of Ithaca Traffic Ordinance with respect to "no park ing" areas to clarify the matter of parking on the shoulders and/or pavement of roads and to consider the adoption of an addition to the Town of Ithaca Traffic Ordinance that no parking be allowed within 110 feet of the Cojddington Road-Ithaca College Road intersection on the west side of Coddington Road north of the Ithaca College Road, and to hear all persons for or against such amendment. Councilman McElwee suggested that all the parking areas should be delineated on a map, which would be kept up to date as additions, deletions or changes are made. It was suggested that this job should be undertaken by Mr. Lawrence Fabbroni when he assumes his duties as Planning Engineer for the Town. Since it appeared that no persons wished to be heard, the Supervisor closed the hearing and the Town Board took the following action: Motion by Councilman McElwee? seconded by Supervisor Schwan^ RESOLVED: that the Traffic Ordinance of the Town of Ithaca as adopted September, 1961, and amended May 13, 1963, June 10, 1963, and March 1973, be further amended to read as follows: WHEREAS, Section 130 of the Town Law and Section 1660 of the Vehicle and Traffic Law authorize the Town to adopt and enact rules reflating the use of streets and highways in regard to the use of said streets and highways by motor vehicles and parking thereon and also provide the manner in which such regulations may be adopted, and I } vTHEREAS, a public hearing on the enactment of this Ordinance j I to amend the said Traffic Ordinance has been duly called and held, and WHEREAS, the Tom of Ithaca acting by its Town Board, follow ing said hearing, now wishes to amend the said Traffic Ordinance, NOW, THEREFORE, BE IT ORDAINED by the Town Board of the Town of Ithaca that Section 1 of the Traffic Ordinance as amended is here by amended, in its entirety, to read as follows: - 7 - June 10, 1974 Section 1 (1) parking vehicles. The parking of motor vehicles, or any part thereof, upon the paved portion, or upon the shoulder or upon or in any ditch adjoining the highway, is prohibited in all of the: following locationss (a) on both sides of Mclntyre Place. (b) upon both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Fdrefet Home Drive. (c) on both sides of Pleasant Grove Road, from the Village Line to the intersection with Forest Home Drive (Route 392). (d) upon both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road. (e) On both sides of Judd Falls Road from Route 366 to the Railroad overpass. (f) on the west side of Coddington Road for a distance of 110 feet northerly from the inter section of the Coddington Road with the center line of the IthSca College Road. Unanimously carried. PUBLIC HEARING - PROPOSED ORDINANCE regulating sight DISTANCES Proof of posting and publication having been presented of notice of public hearing, by the Town Clerk, the Supervisor opened the public hearing to consider the advisability of adopting an ordinance regu- lating the distance from any streets and/or highways within the Town within which any plant, planting, tree, shrxibbery, structure, earth work, or other object may be planted or erected and regulating the heights of any such pl^t, planting, tree, shrubbery, structure, earthwork, or other object, beyond which it may not be maintained, and to hear all persons for or against the adoption of such ordinance. Supervisor Schwan then read a proposed ordinance prepared by the Town Attorney. Discussion developed concern over what areas might be affected, how many intersections may be involved, how the aesthe tics would be affected in various areas, what trees are involved, buildings (possible variances required), how many persons would be in violation, mechanics involved in compliance, affects of speed limit changes. Motion by Councilman Desch? seconded by Councilman Schwan, RESOLVED, that the public hearing be closed at this time and the matter tabled pending accumulation of information as to what areas, people, streets, roads, intersections, and speed limits are affected, and an updated map of problem areas is prepared. Unanimously carried. REVENUE SHARING FUNDS AND SURPLUS FUNDS IN TOm WIDE GENERAL FUNDS DISCUSSION OF PRIORITIES IN USE OF SUCH FUNDS Supervisor Schv/an reported that there is a surplus in the Town-Wide General Fund of about $150,000 and there are uncommitted revenue sharing funds of $240,000 over the next three years. These funds are available for various projects — such as, a new Town Hall, fire stations, parks, playgrounds, parking lots, mass transit, etc. Mrs. Herbert Mahr, 103 Judd Falls Road, submitted a proposal that the Town Board appropriate some of the available funds for land acquisition, planning, and construction of new town roads for the purpose of removing through-traffic from established commxinities in the Town. She said in her proposal that the Town should now allo cate funds for by-pass-type highways. - 8 - June 10, 1974 Supervisor Schwatx read a letter dated June 10, 1974 to the Town Board from Mr. Thomas Niederkorn, Chairman, Town of Ithaca Democratic Committee.^ In his letter he indicated that the Ithaca Democratic Committee is concerned . . "that the Town Board has not established any systematic procedure for making a comprehensive study of all the ^ needs of our town." His letter noted that , . "as the fastest growing \ town in Tompkins Coxinty, Ithaca has an obvious . . . need . . . for L_ recreation facilities, public transit, water and sewer systems, solid waste disposal, police and firfe protection . . " The letter recom mends that . . " no expenditures be made unless they are in accord ance with a carefully developed capital improvements program." There was a question from the floor as to whether the town has a "master plan". Councilman Desch referred to the 1959 master plan. He said the Town has gradually been adopting portions of that plan. Super visor Schwan warned that in establishing priorities, one must look at some of them in terms of coritinuing expense, how they will be paid for year after year, and the effect on the tax rate. In regard to mass transit he said unless the service is made available to all parts of the Town there is a question whether it could be paid for by tax revenues. Mr. Stephen R. Shauger, 139 Honness Lane, representing the East Ithaca Town Association (covering Honness Lane, Ellis Hollow Road, Snyder Hill Road), reported that the Association had developed three priorities, (1) parks and recreation, (2) human services (drug abuse, services for the elderly, day care service), and (3) mass transporta tion. They oppose the proposed purchase or construction of a Town Hall as too expenisive for a single structure. They endorse the Clinton House proposal (rental of a Town Hall). They oppose using ^ available funds for police and fire protection, feeling the Town can i not reproduce the good services it has now. They oppose expentiture • for new highway construction (too expensive). Supervisor Schwan not- ^ ed that some of the items Mr. Shauger's Association recommends are to some extent covered by the United Fund, some by the County and City, and that the Tovm of Ithaca is contributing about $16,000 a year for the Town's share in the Ithaca Youth Bureau program. Steven Greenspan, 120 Hudson Street, representing Open House asked for Town support in alleviating the drug abuse problem. He said Federal funds are being cut and the burden is being shifted to local people. He indicated that such support might cost about $5000 (plus)p that is, one salary plus supplies. Attorney Buyoucos recommended that those interested in support for the program ought to provide the Town Board with a specific program statement — legal basis or background, itemized costs of the program, how it is presently funded, how the money made available by the Town would be spent, who would direct and account for expenditures, etc. — in short, a formal pro gram statement. There was a suggestion that the Town of Ithaca might fund part of such a program. There was some support for bicycle paths which would serve to cover ditches, and would help keep children off the road. Supervisor Schwan said one . of the problems with bicycle paths is how to keep motorcycles and mini-bikes off them when they sure established. Mrs. Mahr submitted a proposal for parks and recreation prepared by . Mr, Mahr. Supervisor Schv/an read Mr. Mahr's proposal. Mr. Mahr pro posed a capital reserve fund of $60,000 to $100,000 for neighborhood parks, community centers, and acquisition of greenbelts. He proposed the establishment of some 10 such community centers/neighborhood parks which would include such services as wading pools and play grounds for children, community halls for neighborifiood meetings and picnics? teen-age center, bench areas for the elderly, and playing fields for the general public, Regsurding recreation areas. Councilman McElwee noted that approval of every subdivision is based on a provision that a certain amount of the land is to be set aside for a park or recreation area. n n - 9 - June 10, 1974 Eleanor May, 1360 Slaterville Road, suggested recreational areas in the outlying areas, since transportation is inadegualte for transport- ^ ing children from the outlying areas to the Ithaca Youth Bureau pro- y gramso She suggested at least acquiring the land, even though it I might have to be delayed in its development as a park or recreational area. Mrs. Barbara Holcomb, Planning Board Chairv7oman, reported that the Tovm of Ithaca Planning Board has had two discussions in June regard ing Town Office space. The Planning Board recognized that the Town office cannot continue to function, in the Town's growing stage, in the limited space it has now. The Planning Board is very much inter ested in the Clinton House rental proposal if it is economically feasible, but there is no clear consensus or commitment to any pro posal at this time. The Planning Board is committed that a portion of available funds should go to parks and recreation, primarily land acquisition. She said the Planning Beard has drafted a park policy and that when the Town has a full-time Planning Engineer, the park policy will be firmed up? that it will designate three different kinds, of parks, (1) neighborhood pocket-park for mothers and small children, (2) an area park like Eastern Heights for active games, and (3) a Town park open to everyone to maintain natural areas (but not of the scale of a State park). Mrs. Herbert Mahr submitted a proposal from Mr. Mahr for the estab-r lishment of a $20,000 reserve fund to be used as matching funds for a mass transit system. Mr. Mahr recommended that the Town of Ithaca join the City of Ithaca in a "Capital Grant application to the Urban Mass Transportation of DOT" under which grant the Federal government pays 80% and the State government 10% of costs for the initiation of extended services: buses, shelters, bus stop signs, and bus depots. In his proposal Mr. Mahr noted that it would be important for the Town to estimate operating costs and deficits? that under new pro visions the State may reimburse a municipality for 50% of its yearly deficit. Mr. Robert Cotts submitted a letter in opposition to the construction of a Town Hall. He agreed the Town needed more office space, but that at this time it should investigate all possibilities for rental. He felt it was inevitable that the Town of Ithaca and the City of Ithaca would move toward a consolidated government. He said this was a pro gressive move which would be less likely to occur if the Town should have already invested a large amount of money in its own Town Hall? that it would be poorly located and probably inadequate for consoli dated government. He recommended using revenue sharing and capital development funds to purchase land now for future recreational park development. Such purchase, he said, would be a foresighted good in vestment for the future. I4r. Paul Eberts, 230 Renwick Drive, supported proposal for mass tran>- sit for "young and old". PRESENTATION BY HISTORIC ITHACA POSSIBLE RENTAL OF CLINTON HOUSE AS TOWN HALL Courney Crawford, Victoria Romanoff, and Gretchen Sachse made a pre sentation on behalf of Historic Ithaca with regard to rental of the Clinton House as a Town Hall for the Town of Ithaca, They indicated that 3,000 square feet was available at $3.50 per square foot. Miss Romanoff illustrated the physical layout with blueprint, colored sketches, and model. Mr. Stephen Jacobs reviewed the history, culture, architecture, and traditions of the Clinton House. - 10 - June 10, 1974 After the presentation it vjas the sense of the Board that all the Board members would inspect the premises at the earliest opportunity, Supervisor Schwan thanked the representatives of Historic Ithaca for the presentation and said the Board would give the proposal serious consideration. ADJOURNMENT The meeting was adjourned at 8s15 p.m. Edward L. Bergen Town Clerk is®«r ... A .ELECTIONINSPECTORS - DEMOCRAT(Term ending June 30,197/")1Tompkins County HospitalNurses Recreation RoomMargaret SmithElaine Lazar553 Elm Street108 Woolf Lane272-2761272-29972Vehicle Maintenance Bldg.150 Bostwick RoadLeora TripodiMary Mullenhoff567 Elm Street118 West Haven Rd.273-5816273-55732National Cash Register Co.CafeteriaGertrude GrayHelen Meek155 Ridgecrest Rd.4 Eagles Head Rd.Ellis Hollow273-6776539-72244Riley Robb HallJudd Falls RoadDoris UrisHelen Sundell1022 Hanshaw Rd.310 Forest Home Dr•257-2532257-09415Cayuga HeightsFire StationIrene Homa\/ac /? yw-r176 Pleasant GroveRd.257-03646Northeast SchoolEmma ZeilicShirley Gates1316 Hanshaw Rd.104 Texas Lane257-0749257-17427Cayuga Heights SchoolNealy NeighMargaret Burns207 N. Triphammer :105 Kay StreetRd.257-1565257-08078USNR CenterCommunity Service1701 N. Cayuga St.Frederica KavenElinor Eberts520 Wyckoff Rd.230 Renwick Drive273-6463273-93439Northeast SchoolDiana DworskyVivian Singer8 Winthrop Place432 Winthrop Drive257-09952^-0971■€~Z TOWN OF ITHACA ELECTION INSPECTORS - DEMOCRAT - ALTERNATES ' Mrs. Charles Hurlbut 1019 Trumansburg Rd. 272-5340 Ruth Pearson 832 Coddington Road 272-8018 Liese Bronfenbrenner 116 McIntyre Place 257-2570 David A. Singer 432 Winthrop Drive 257-0971 Lorraine McCue 101 Regency Lane 273-1043 Jean M. Anderson 603 Elm Street 273-5543 Deborah Bulger 508 W. Buffalo St. 272-8856 Ruth Streib 112 N. Sunset Drive 273-2591 Sunny Godding 105 Eddy Street 277-3598 ELECTION INSPECTORS - REPUBLICAN -(Term ending June 30, 197^/ )?i1Tompkins County HospitalNurses Recreation RooinClara R. BartholfEdith Ellis967 Taughannock Blvd.1216 Trumansburg Rd.273-6824272-34852Vehicle Maintenance Bldg.150 Bostwick Rd.Doris Van AllenGertrude Emerson130505West Haven Rd.Elm St. Ext.273-6021272-3491omjNational Cash Register Co.CafeteriaMargaret AlbrechtFlorence Hanson143110Northview Rd.Northview Rd.272-2342272-16444Riley Robb HallJudd Falls RoadHazel BakerMary Jones651150Five Mile DriveHonness Lane272-5884273-2538•5Cayuga HeightsFire StationVelma MarkwardtCharlotte Blye203356Blackstone AvenueWarren Rd.257-1076257-1472 .: 6Northeast SchoolMilbrey Hansel1039 Hanshaw Rd.257-2899Frances Bruckner1018 Hanshaw Rd.257-05737Cayuga Heights SchoolMildred Chaney310N. Geneva Street273-6832Veda Thayer424Klinewoods Rd.273-05648Community Service Ctr.1701 N. Cayuga St.(USNR Ctr.)Marjorie HoughClaa;a Daino237 Renwick Drive 272-6741100 W. Upland 272-26619Northeast SchoolAgnes Stanton1 Renwick Place272-3073Francelia Earle1318 Hanshaw Rd.257-1878ir TOWN OF ITHACA ELECTION INSPECTORS - REPUBLICAN - ALTERNATES Patricia May 1036 Hanshaw Road 257-2893 Louise Adams 125 Remington Road 272-1324 Mrs. Richard Curran 135 N. Sunset Drive 273-2745 Teresa Ross 205 Winthrop Drive 257-2264 Gladys Wellington 1220 Trumansburg Road 273-2666 Mabel T. Watson 1406 Hanshaw Road 257-0883 Patricia Schwan 16 Muriel Street 257-0800 Hilda Guterman 605 Elmira Road 273-5807 Mrs. Paul La France 515 Lynn St. ■Glara Daine 100 272"2C61 n 0 At a ^ of tha Town regular meeting of tha Town Board of Ithaca New York, held at the Street , Torapkins County, Offices, 108 East Green Tiddress) in the City of Ithaca , New York June on the 10th day , 1974, at 5:00 o'clock P.M. The meeting was called to order by Supervisor Schwan and upon the roll being called, there were PRESENT: Supervisor Walter J. Schwan Councilman Andrew W. McElwee Councilman Noel Desch ABSENT:Councilman Victor Del Rosso Councilman Robert N. Powers The following resolution was offered by Supervisor Schwan who moved its adoption, seconded by Councilman Desch , to wit: BOND RESOIiUTION DATED June 10 , 1974. A RESOLUTION AUTHORIZING THE JOINT CONSTRUCTION OP A WATER DISTRIBUTION SYSTEiM TO SERVE JOINTLY VARIOUS AREAS IN THE TOT-mS OF DRYDE!:, ITHACA Al^D LA2JSING AiH) THE VILLAGE OF CAYUGA HEIGHTS, IN THE COUI'TxY OF TOMPKINS, lUiW YORK, AT A TOTAL ESTI?iATED COST OF NOT EXCEEDING $1,930,000, INCLUDING rJCIDENTAL EXPENSES IN C0ITt»7ECTI0N THEREWITH AND AUTHORIZING THE ISSUANCE OP NOT EXCEEDING $1,030,000 JOINT SERIAL B0:TDS OP SAID T0V7N OP DRYDEN, SAID T0R7JJ OF ITHACA, SAID TOWI-I OF LANSING AND SAID VILLAGE OF CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, HEW YORK. WHEREAS, the Town Board of the Town of Dryden, Tompkins County, Mew York, has heretofore had and taken proceedings pur suant to Section 202-b of the Town Law providing for the increase and imorovenent of the facilities of Water District No. 1 in said Town, to consist of a conprehonsive water improvement, including transmission mains, storage reservoir and booster station for an intormunicipal water distribution facility for the Tovms of Pryden Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal - 2 - cooperation to be entered into by and between the said Towns and the said Villager pursuant to Article 5~G of the General Municipa] Law; and WHEREAS r the Town Board of tlie Town of Ithaca r Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Article 12-C. of the Tovm Law, establish ing the Town Wide Water Distribution Benefited Area in said Town, to consist of a comprehensive water improvement, including trans mission mains, storage reservoir and booster station for an intermunicipal water distribution facility for the Tovms of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipaJ cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipa] Law; and WHEREAS, the Town Board of the Town of Lansing, Tompkins County, Hew York, has heretofore had and taken proceedings pur suant to the provisions of Section 202-b of the Town Law provid ing for the increase and improvement of the facilities of the McKinney Water District in said Town, to consist of a comprehen sive v/ater improvement, including transmission mains, storage reservoir and booster station for an intermunicipal water distri bution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Lav;; and V7HEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, has heretofore had and taken n r; - 3 - proceedings pursuant to the provisions of Article 11 of the Village Law authorizing the establishment of a v/ater distribution system in and for said Villager to consist of a comprehensive water improvement, including transmission mains, storage reservoir and booster station for an intermunicipal v/ater distribution facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, Nev/ York, and for the joint use and operation by the said four municipalities pur suant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Ilunicipal Law; and WHEREAS, following the completion of the aforesaid pro ceedings, for purposes of implementing the same, said Towns of Dryden, Ithaca and Lansing £uid Village of Cayuga Heights have entered into a municipal cooperation contract pursuant to Article 5-G of the General Municipal Law entitled "Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter municipal Water Supply and Transmission System", made as of the 2l3t day of Mairch, 1974, by and between said Towns and said Village on behalf of the aforesaid water districts, water distri bution benefited area and Village as the case may be; and WHEREAS, it is Txo\7 desired to provide for the financing of the costs of the aforesaid water distribution improvement; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca , Tompkins County, New York, if the v;ithin resolution in identical form is adopted, approved and made effective by the Town of Dryden, the Town of Lansing, and the Village of Cayuga Heights as follows: r - 4 - Section 1. The joint construction of a comprehensive water improvement, consisting of approximately 85,000 linear feet of tramsmission mains of varying diameters, a two million gallon storage reservoir and booster station for an intermunicipal water distribution facility for the joint use and operation by the Town of Dryden, on behalf of V7ater District No- 1 in said Town, by the Town of Ithaca on behalf of the Town Wide Water Distribution Bene fited Area in said Town, by the Town of Lansing on behalf of the McKinney Water District in said Town, and by the Village of Cayuga Heights for said Village, to consist of an intermunicipal water distribution facility for the joint use and operation by the said four municipalities, including original furnishings, equipment, machinery and apparatus and the acquisition of necessary lands and rights in land therefor, is hereby authorized at a total estimated cost including incidental expenses of not exceeding $1,930,000. Said joint construction shall be carried out in accordance with the proceedings hereinbefore recited and in accordance with a certain map, plan and report prepared by Lozier Engineers, Inc., competent engineers duly licensed by the State of New York, which map, plan and report have been filed in the office of the Town Clerk of the Town of Dryden in June, 1972, in the office of the Town Clerk of the Town of Ithaca in June, 1972, in the office of the Town Clerk of the Town of Lansing in June, 1972, and in the office of the Village Clerk of the Village of Cayuga Heights in June, 1972, and which map, plans and reports were thereafter modi fied by the deletion of a portion of the water transmission lines in the Town of Ithaca as shown on the addendum to the said report, dated and filed on or about March 1, 1973, with each of the afore said municipalities, and which water distribution system will also include the McKinney V7ater District in the Tovm of Lansing as a participant. - 5 - Section 2* The plan for the financing of the aforesaid specific object or purpose consists of the issuance (pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York, as amendedr and of Title lA of the Local Finance Law of the State of New York) of joint obligations of the Town of Dryden, Tompkins County, New York, the To\m of Ithaca, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County, New York, constituting joint indebtedness by said To\^s and said Village, which shall be evidenced by joint serial bonds of said Towns and said Village in the principal amount of not exceeding $1,930,000 which are hereby authorized to be issued in accordance with and subject to the provisions of the Local Finance Law, and, in anticipation of the issuemce of said joint bonds of said Towns and said Village, by the issuance of joint bond antici pation notes of said Towns amd Village, for the temporary financ ing of said specific object or purpose. Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebted ness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Village, shall be in the same proportion as the consumption of water in each of the Towns of Dryden, Ithaca, the Village of Cayuga Heights and the McKinney VJater District in the Town of Lansing shall bear to the total con sumption of water for the entire joint water distribution facility, which is estimated to be, and for purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuemt to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascer taining each of the respective municipalities' debt contracting powers, shall be as follows: I.. n - 6 - Dryden Ithaca Lansing Cayuga Heights $ 61,644.30 1,451,842.50 5,616.30 410,897.00 Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 6 of this resolution relat ing to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among said Towns and said Village, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 6. The Supervisors of said Towns and the Treasurer of said Village are hereby authorized and directed to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accord ance with the provisions of this section and to perform all acts and furnish all information required in connection with such appli cation. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the joint bonds hereby authorised to be issued will be in excess of five years, and such bonds will mature in annual installments in conformity with law. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of emd to sell joint bond anticioation notes in anticipation of the issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town. Such joint bond anticipation notes shall be of such terras, form and contents and shall be sold by said Supervisor in such manner as may be prescribed by a bond anticipation note certificate, as r '/Wl| " 7 " authorized by Section 30,00 of the Local Finance Lax^y provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said Village and shall be executed in the names of the Toxm of Dryden, the Toxvn of Ithaca, the Town of Lansing and the Village of. Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto, the seal of the Town of Dryden, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the To\m of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Toxm of Lansing, attested by the Town Clerk of said Town? and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note certificate with the finance board of each of the aforesaid municipalities prior to the issu ance of the bond anticipation note or notes authorized by such certificate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York? said Toxm of Ithaca, Tonpkins County, Nexf York? said Town of Lansing, Tompkins County, Uew York? and said Village of Cayuga Heights, Tompkins County, New York, are iiereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall r n - 8 - be apportioned annually among said Towns and said Village in accordance with the agreement of municipal cooperation hcureinabove referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of said munici palities bears to the full consumption from the entire inter- municipal water distribution facility/ such ratio to be annually determined in accordance with the aforesaid agreement of municipal cooperation; the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: a) From the several lots and peurcels of land in Water District No. 1 of the Town of Dryden, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. b) Prom the several lots and parcels of land in the Town of Ithaca Water Distribution Benefited Area, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. c) Prom the several lots and parcels of land in the McKinney Water District in the Town of Lansing, at the same time and in the same manner as other Town charges. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, shall be jointly subject to the ri' n - 9 - levy of an ad valorem tax, without limitation as to rate or 2imount [sufficient to pay the principal of and interest on said bonds as :ha same may become due and payable. Section 7. The validity of such Joint serial bonds may )e contested only ifj 1) Such joint bonds are authorized for an object or purpose for which said Towns and said Village are not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of pxiblication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. Upon the adoption of this resolution by each >f the aforesaid Towns and the aforesaid Village, and the publica- :ion thereof with the notice provided in Section 9 hereof, the *lerks of each such Town and such Village shall file with the :lerk of each of the other Towns and of the Village a certified !opy of this resolution and a printer's affidavit of publication :hereof v/ith the notice required by Section 9 hereof. Section 9. This resolution is adopted by the Village of layuga Heights subject to pennissive referendum and upon its taking iffeet in and with respect to said Village, shall thereupon be effective upon its adoption by the Town Boards of the aforesaid ?owns and, upon this resolution finally becoming effective, it Jhall be published in full in The Rural News, the official nev;s~ )ap6r of the Town of Dryden, and in the Ithaca Journal, the ifficial newspaper of the Tovm of Ithaca, of the Town of Lansing ind of the Village of Cayuga Heights, together with (i) a notice m - 10 - of the Town Clerk of the Town of Dryden in substantially the form provided in Section 81.00 of the Local Finance Law, (ii) a notice of the Town Clerk of the Town of Ithaca substantially in said form, (iii) a notice of the Town Clerk of the Town of Lansing, substantially in said form, and (iv) a notice of the Village Clerk of the Village of Cayuga Heights substantially in said form. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, v/hich resulted as follows: Councilman McElwee voting Aye Councilman Desch voting Aye Supervisor Schwan voting Aye XXXXXXXXXXXXXXXXXXXXXXXXXX3b£XXiX^KXX■XXXXXXXXXXXXXXXXXXXXXXXXXXXXX^XXXX The resolution was thereupon declared duly adopted. * * 6 - 11 - LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted, by the Town Board of the Town of Ithaca/ Tompkins County/ New York/ on the 8th day of April/ 1974/ end the validity of the obligations authorized by such resolution may be [hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to jexpend money/ or the provisions of law which should have been complied with as of the date of publication of this notice were [not substantially complied with/ and an action/ suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Dated: Ithaca/ New York April 25 / 1974 April 29/ 1974 Town Clerk Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss. TOWN OF ITHACA ) I, the undersigned Clerk of the Town of Ithaca, Tompkins County, New York, DO HEREBY CERTIFY: That the foregoing is a true and exact copy of a resolu tion duly adopted by the Town Board of the Town of Ithaca at its regular meeting on April 8, 1974. That all members of said Board had due notice of said meeting. That the said resolution was duly posted on the sign board in the office of the Town Clerk of the Town of Ithaca at 108 East Green Street (third floor), Ithaca, New York, on the 29th day of April, 1974, and further that the said resolution was published in the Ithaca Journal, the official newspaper of the Town of Ithaca, on the 29th day of April, 1974, pursuant to subdivision 6 of Section 30 of the Town Law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 20th day of May, 1974. Town Clerk SEAL a ^ of the Town regular meeting of the Town Board of Ithaca , Tompkins County, New York, held at the Town Offices, 108 East Green (address) Street in the City of Ithaca , New York, on the 10th day of 1974, at 5100 o'clock P.M. The meeting was called to order by Supervisor Schwan and upon the roll being called, there were PRESENT: Supervisor Walter J. Schwan . Councilman Andrew W. McElwee Councilman Noel Desch ABSENT:Councilman Victor Del Rosso Councilman Robert N. Powers m The. following resolution was offered by Supervisor Schwan who moved its adoption, seconded by Councilman McElwee t to wit: BOND RESOLUTION DATED June 10 , 1974. A RESOLUTION AUTHORISING THE JOINT CONSTRUCTION OP A WATER SUPPLY SYSTEM TO SERVE JOINTLY VARIOUS AREAS IN THE TOWNS OP DRYDEIJ, ITILACA AND LANSING A>ra TFIE VILLAGE OP CAYUGA HEIGHTS, IN THE COUNTY OF TOriPKINS, NEW YORK, AT A TOTAL ESTIMATED COST OP NOT F^CEEDING $4,150,000, INCLUDING INCIDENTAL EXPENSES IN CON^TECTION THEREWITH AND AUTHORISING THE ISSUANCE OP NOT EXCEEDING $4,150,000 JOINT SERIAL BONDS OP SAID TOv'^N OP DRYDE^T, SAID TOWI^ OP ITHACA, SAID TOI-TN OP LANSING AI'ID SAID VILLAGE OP CAYUGA HEIGHTS, ALL IN TOMPKINS COUNTY, NEXi YORK. V7HEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has heretofore had and taken proceedings pur suant to Section 202-b of the Town Lav; providing for tha increase and improvement of the facilities of Water District No. 1 in said Town, to consist of a compreiiensive water improvement, including water treatment plcint, transmission main and pump station for an intermunicipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said r n - 2 - four municipalities pursuant to an agreement of municipal coopera tion to be entered into by and between the said Towns and the said Village/ pursuant to Article 5-G of the General Municipal Law; emd WHEREAS/ the Town Board of the Town of Ithaca/ Tompkins County/ New York/ has heretofore had and taken proceedings pur suant to the provisions of Article 12-C of the Town Law/ establish ing the Town Wide Water Supply Benefited Area in said Town/ to consist of a comprehensive water improvement/ including water treatment plant/ transmission main and pump station for an inter- municipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agre^ent of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; and WHEREAS/ the Town Board of the Town of Lansing, Tompkins County, New York, has heretofore had and taken proceedings pur suant to the provisions of Section 202-b of the Town Law providing for the increase and improvement of the facilities of Water Dis trict No. 1 and the McKinney Water District in said Town, to con sist of a comprehensive water improvement, including water treat ment plant, transmission main and pump station for an intermunici- pal water supply facility for the Tovms of Dryden, Ithaca and Lan sing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four munici palities p\arsuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article 5-G of the General Municipal Law; cind WHEREAS, the Board of Trustees of the Village of Cayuga Heights, Tompkins County, New York, has heretofore had and taken r - 3 - proceedings pursuant to the provisions of Article 11 of the Village Law authorizing the establishment of a water supply system in and for said Village, to consist of a comprehensive water improvement, including water treatment plant, transmission main and pump station for an intermunicipal water supply facility for the Towns of Dryden, Ithaca, and Lansing and the Village of Cayuga Heights, in Tompkins County, New York, and for the joint use and operation by the said four municipalities pursuant to an agreement of municipal cooperation to be entered into by and between the said Towns and the said Village, pursuant to Article SHI of the General Municipal Law; and WHEREAS, following the completion of the aforesaid pro ceedings, for purposes of implementing the same, said Towns of Dryden, Ithaca and Lansing and Village of Cayuga Heights have entered into a municipal cooperation contract pursuant to Article 5-G of the General Municipal Law entitled ^'Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter municipal Water Supply and Transmission System," made as of the 21st day of March, 1974, by and between said Towns and said Vil lage on behalf of the aforesaid water districts, water supply benefited area and Village as the case may be; and WHEREAS, it is now desired to provide for the financing of the costs of the aforesaid water supply improvement; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca , Tompkins County, New York, if the within resolution in identical form is adopted, approved and made effective by the Town of Dryden, the Town of Lansing, and the Village of Cayuga Heights as follows: - 4 - Section 1> The joint construction of a coniprehensive water improvement/ consisting of an intake plant at Eolton Point on Lake Cayuga in the Town of Lansing/ a water treatment plant and a raw water pump station/ force mains/ plant and pump station road and a transmission main to the Village of Cayuga Heights for an intermunicipal water supply facility for the joint use and opera tion by the Town of Dryden/ on behalf of Water District No. 1 in said Town, by the Town of Ithaca on behalf of the Town Wide Water Supply Benefited Area in said Town, by the Town of Lansing on behalf of Water District No. 1 and the McKinney Water District in said Town/ and by the Village of Cayuga Heights for said Village/ to consist of an intermunicipal water supply facility for the joint use and operation by the said four municipalities/ including original furnishings, equipment, machinery and apparatus and the acquisition of necessary lands and rights in land therefor, is hereby authorized at a total estimated cost including incidental expenses of not exceeding $4,150,000. Said joint construction shall be carried out in accordance with the proceedings hereinbe fore recited and in accordance with a certain map, plan and report prepared by Lozier Engineers, Inc., competent engineers duly licensed by the State of New York, which map, plan and report have been filed in the office of the Town Clerk of the Town of Dryden in June, 1972, in the office of the Town Clerk of the Town of Ithaca in June, 1972, in the office of the Town Clerk of the Town of Lansing in June, 1972, and in the office of the Village Clerk of the Village of Cayuga Heights in June, 1972, and which map, plan, and report were thereafter modified by the relocation of the water treatment plant to a new location substantially in the vicinity of the original site, which new location is now shown on the map prepared by Lozior Engineers, Inc., which has been previous ly filed in the offices of each of the aforesaid Town Clerks and Village Clerk. n - 5 - Section 2« The plan for the financing of the aforesaid specific object or purpose consists of the issuance (pursuant to the provisions of Section 1 of Article VIII of the Constitution of the State of New York, as amended^ and of Title lA of the I^ocal Finance Law of the State of New York) of joint obligations of the Town of Dryden/ Tompkins County, New Yorkf the Town of Ithaca# ompkins County# New York# the Town of Lansing# Tompkins County# Jiew York# and the Village of Cayuga Heights# Tompkins Coxinty# New fork# constituting joint indebtedness by said Tovms and said tillage# which shall be evidenced by joint serial bonds of said Towns and said Village in the principal amount of not exceeding ^4#150#000 which are hereby authorized to be issued in accordance >^ith and subject to the provisions of the Local Finance Law# and Ln anticipation of the issuance of said joint bonds of said Towns and said Village# by the issuance of joint bond anticipation notes 5f said Towns and Village for the temporary financing of said specific object or purpose. Section 3. For the purposes of Section 15.10 of the ;:fOcal Finance Law relating to the allocation of joint indebted- ]ios9# the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Village# shall be in the I same proportion as the consumption of water in each of said I municipalities shall bear to the total consumption of water for :he entire joint water supply facility# which is estimated to be, ind for the purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant :o Section 15.10 of the Local Finance Law and therefore the amount :o be allocated for the purpose of ascertaining each of the res- )ective municipalities' debt contracting powers# shall be as •ollows: Dryden Ithaca Lansing Cayuga Heights $ 97,027.00 2,285,197.50 1,121,039.50 646,736.00 - 6 - Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 6 of this resolution relat ing to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among said Towns and said Village, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 6. The Supervisors of said Towns and the Treasurer of said Village are hereby authorized and directed to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accord ance with the provisions of this section and to perform all acts and furnish all information required in connection with such appli cation. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph (a) of Section 11.00 of the I.ocal Finance Law. It is hereby further determined that the maximum maturity of the joint bonds hereby authorized to be issued will be in excess of five years, and such bonds will mature in annual installments in conformity with law. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issu ance and sale of the joint serial bonds herein authorized, includ ing renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as may be pre scribed by a bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law, provided, however, that any bond anticipation notes so issued shall be the joint indebted ness of said Towns and said Village and shall be executed in the - 7 - names of the Town of Dryden, the Tovm of Ithaca, the Town of Lansing and the Village of Cayuga Heights, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on beljalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Twim; and shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attes ted by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note certificate with the finance board of each of the aforesaid participating municipalities prior to the issuance of the bond anticipation note or notes authorized by such certifi- cate. Se£fcionjS, The faith and credit of said Town of Dryden, Tompkins County, New York? said Town of Ithaca, Tompkins County, New York; said Tov.ti of Lansing, Tompkins County, New York? and said Village of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same becoitia due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Village in accordance with the agreement of municipal cooperation herein- above referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of said n — 8 — municipalities bears to the full consumption from the entire intermunicipal water supply facility, such ratio to be annually determined in accordance with the aforesaid agreement of municipal cooperation; the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: a) Prom the several lots and parcels of land in Water District No. 1 of the Town of Dryden, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. b) From the several lots and parcels of land in the Town of Ithaca Water Supply Benefited Area# in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. c) Prom the several lots and parcels of land in Water District No. 1 of the Town of Lansing, in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. d) From the several lots and parcels of land in the MoKinney Water District in the Town of Lansing, at the same time and in the same manner as other Town charges. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due eind payable. If not paid from the aforesaid sources, all the taxable real property in said Tov/n of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Toxth of Lansing, and all the tsixable real property in said Village of Cayuga Heights, shall be jointly subject to the levy r - 9 - >f an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as :he same may become due and payable. Section 7. The validity of such joint serial bonds may 56 contested only ifi 1) Such joint bonds are authorized for an object or purpose for which said Towns and said Village are not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. tJx>on the adoption of this resolution by each of the aforesaid Towns and the aforesaid Village, and the publica- :ion thereof with the notice provided in Section 9 hereof, the Clerks of each such Town and such Village shall file with the Clerk of each of the other Toxms and of the Village a certified <3opy of this resolution and a printer's affidavit of publication ihereof with the notice required by Section 9 hereof. Section 9. This resolution is adopted by the Village of Cayuga Heights subject to permissive referendum and upon its taking <jffect in and with respect to said Village, shall thereupon be offective upon its adoption by the Town Boards of the aforesaid ?owns and, upon this resolution finally becoming effective, it iJhall be published in full in the Rural Hews, the official nev/s- paper of the Town of Dryden, and in the Ithaca Journal, the official newspaper of the Town of Ithaca, of the Town of Lansing and of the tillage of Cayuga Heights, together with (i) a notice of the Tovm Clerk of the Town of Dryden in substantially the form provided in - 10 - Section 81.00 of the Local Finance Law, (11) a notice of the Town Clerk of the Town of Ithaca substantially In said form, (111) a notice of the Town Clerk of the Town of Lansing, substan tially In said forra, and (Iv) a notice of the Village Clerk of the Village of Cayuga Heights substantially In said form. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman McElwee voting Aye Councilman Desch voting Aye Supervisor Schwan voting Aye XXXXXXXXXXXXXXXXXXXXXXXXXX2O0«iXXX2JSO€K XXXXXXXXXXXXXXXXXXXXXXXXX2^^?Qfeg?RCk^lb]gQc tmm.The resolution was tliereupon declared duly adopted. h It ft