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HomeMy WebLinkAboutTB Minutes 1971-04-26TOW OF ITHACA SPECIAL MEilTING APRIL 26, 1971 At a Special Meeting of the Tom Boai*d of the Town of Ithaca, Tompkins County, New York, held at the Town (iffices at 108 East Green Street, Ithaca, New York, on the 26th day of April, 1971,' at 5:00 p.m., there were _ PRESENT:^ Walter J. Schwan, Supervisor Noel Desch, Councilman Andrew W. McElwee, Councilman Victor DelRosso, Councilman Robert N. Powers, Councilman ALSO PRESENT: James V. Buyoucos, Town Attorney ' ^ David W. Cowan, Zoning Officer Peter Prancese, Planning Consultant Anthony Petito Edward P. Riley Rocco Lucente Herbert Monkemeyer Vincent Pranciamone Other citizens of Town of Ithaca Members of Radio, TV, ^d press Supervisor Schwan called the meeting to order at 5:20 p.m» ORDERS FOR PUBLIC HEARINGS RE DISSOLUTION OF WATER AND SEWER DISTRICTS ^ ^ J.4. 1. Buyoucos, Town Attorney, explained that the ordersI attached ^sreto and being a part of these minutes are merely for the purpose of calling public hearings with respect to consideration of existing water and sewer districts of the Townor Ithaca and for the purpose of giving notice to the public that the public hearings will be held under Section 209-r of the Town Law providing that such public hearings shall be held on at least ten days notice, and to outline the general purpose of the proceedings. m Buyoucos explained the two types of costs involved in aTown water and sewer system: (1) those costs generally referred to as imppvement costs, that is, costs of all initial laying of mains, costs of pump stations, costs of all facilities, and also charges for principal ^d interest on any outstanding obligations, (bond anticipation notes and bonds); and (2) costs of maintenance, operation, management. Improvements. He also explained the law with regard to both types of costs and how such costs are levied and collected. Buyoucos answered questions from the floor, and by Mr. Norman D. Freeman, attorney, and Mr. Edward P. Riley on procedures, what is currently being done with respect to prepare^tion of ultimate resolutions with regard to the proposed diaaol^ution. Mr, Freeman was especially concerned with what the content of the ultimate resolution on the dissolution might be and whether a copy might be available prior to May 10th. Mr. Buyoucos was not certain that such a copy would be available prior to May 10th, but indicated to Mr. Freeman that for the moat part the resolution would contain the text of Sec tion 209-r of the Town Law. (Orders adopted by the Town Board attached hereto and made a part hereof.) ' ^ , n . . n * V -a 24 : 2 n ■.T'"" ■■ ■ ADDITIONAL ORDER RE PUBLIC HEARINGS TO ^971 RE DISSOLUTION OP WATER 'AND SEWER DISTRICTS ■; ^ ''y,. ?o^^eilnan McElWee; seconded by Councilman Desch, Hadopted by the Town Board of thrTowrof hav?ng^Inderer^'""aye"''votef'^ P.®"®"" indlvlduany and Town Board at a meetihgheld on April 26, 1971, having. T!iih?i j. vi^ order and resolution for the purpose of conductingDavlifiht^l^^ff ?? beginning at 7:00 p.m. EasternT-t-hoi M? ^ ®, Time, at the Common Council Room, City Hall,proposition to dissolve all ListiAg sewer existing specialTown TflS f? V pursuant to Section, 209-r of thelution aAn^frt e being required by said section that any reso-State that thf hearing shall specificallyand ranaf*. nt ? management, maintenance, operationtS he improvement or service provided, or authorizedtL ?oS^ thereafter be a charge upon the area oflected^n thf 0® villages and shall be levied and col-charces hilt It®?® manner and at the same time as other Town20q-f of- the f appearing that subdivision 3 of Sectionsewer rents and Sot®" bhat the Town Board may establishintention ot^ha S "" S®^®® ?® provided by law, and it being thedissolved 2 *'^® ®^®P* *^® districts arerents and wat^J^ establish a surcharge on sewermint provide that the cost of manage- ^or servina fho??®v ®iid repair of any such improvementsLer^enta t ^®" ''y ^^® revenues raised by any such 1 1rents and water rates or any surcharge thereto, wise he a copy of this resolution shall like-niini. Ithaca Journal at least ten (10) daysthe ?om B^ar.i°dh 1971, and that this proposal ofinffs to^be^ha?d^!j« iv ?«1?1®® ''® eonsidered at the public hearties ^d niaee the 10th day of May, 1971, at the specificdissolve all' evt^??®®®!*! "i" consider the proposal totricts existxng special water and sewer improvement dis- STATE OP NEW YOMC )COUNTY op TOMPKIHS ) Clerk of the Town of Ithaca,County, New York, do CERTIPY that I have con^iared the o? ?nfl S® order with the original thereof on file in my officeat lOB ^st Green Street in the City of Ithaca, Ttompklna County,, _New York, ana that the same is a true and correci; copy of said original and of the whole thereof. o TESTIMONY WHE2RE0P, I have hereunto set my hand and piaffixed the seal of said Town this 26th day of April, 1971. J Edward L. Bergen Town Clerk ADJOimNMBNT The meeting was adjourned at 6:00 p.m. Edward L. Bergen Town Clerk G-1591 At a meeting of the Town Board of the Tovm of Ithaca, Tompklns County^ Mew York, held at the Town Offices in the City of Ithaca, New York, on the 2bth day of April , 1971- PRESENT: Supervisor Walter Jo Schwan Councilman Andrevj Wo McElwee Councilman Noel Bescii Counciiman Victor DelHosso Councilrrian Robert No Powers ABSENT: In the Matter Of The dissolution of existing special VJatej." Improvement Districts in the Town of Ithaca, Tompkins County, Mew York, pursuant to Section 209~r of the Town Law WHEREAS, in accordance with the provisions of Section 209-r of the Town Law, it has been proposed that the public interest will be served by dissolving all of the special v^ater improvement distxicts wholly located in the Tovrn of Ithaca, Tompkins County, Mew York, and managing, maintaining, operating and repairing as a Town lunc'Cj.on, any improvement or service provided or authorized to be provided by said districts; and VJHEREAS, it is proposed that upon such dissolution of said special vjater improvement districts, the costs of any improvement provided or authorized to be provided by such districts, including the principal of and interest on any bonds or other obligations authorized to be issued for the purposes of such districts, of wLxCh ^ have been issued for the purposes of such district and are outsuandj-n^i 1 and unpaid as of the date of such dissolution, snail be borne by the entire area of the Town, all of the lands vjithin such area being determined to be the lands benefited by such improvements. y - ? such costs to be assessed^ levied and collected frorii the several lots or parcels of land within the Tovni in just proportion to the ! aiiiount of benefit vhiich the Im'orovements shall confer upon such ' I laiids or parcels;; and WHBHEAS;, in the event of such dissolution., the cost of the iTianase-ment rriaintsnance;^ operation and repair of such improvements or services provided or aau'chorized to be provided by such distrir;ts shall thereafter be a charge upon the entire area of the Town and shall be levied and collected in the same manner and at the same time as other Tovrn charges; and hUEJREAS^ it is now desired to conduct a public hearing on the- pr'oposed dissolution of said districts pursuant to Section 209-r of the To'wn Law5 . NOV/^ on motion of Councilman Sesch and seconded, by Councilman DelRosso ^ it is hereby i ORDERED^ that the Tovrn Board of the Town of Ithaca, Temp kins i I . County, New York, shall mieet and hold a public hearing in the Cormnon Council Room, City Kail, 103 East Green Street, City of Ithaca, Nevr York, on the Mav 7*^0 o'clock Eastern Daylight Savings Time, on that.day to consider whether or not it is in the public interest to dissolve the following special water iiriprovement districts in said Town: Being all of the special water improvement districts heretofore established in said Town and including, but not limited to, the special vjater improvemsnt disti'icts designated as follows s Trumansburg Road Natrr District Trumansburg Road Water District Extension .Kenwick Heights Water District Northeast Water District Forest Home Water* District East Ithaca, water District East Ithaca Water 'District - Extension WOo 1 ^ East State Street Extension Water District I I Extension of East State Street Extension fWater District I Extension of East State .Street Extension Water District, ' Extension Wo, 1 Snyder Plill Water District • ' South Hill Water District South Hill Water District, Extension 1 South Hill Water District, Extension Woo 2 - Second South Hill neater District ^1966) Second South Hill Wacer District ^1966 k Extension Ko<, 1 Second South Hill "Water District (I966;, Extension Ho« 2 Elm Street Extension Water District G-lsnside Water District WillCvV Point, Lake Road v?ater District ' - 3 and to hear all persons interested in the subject thereof concerning the same and to take such further action upon said proposal as is required or authorised by lav;; and it is FURTHER ORDERED5 that in the event the proposed dissolution of the aforesaid improvement districts is determined to be in the public interest3 the basis of apportioning, levying and assessing of improvement costs and the cost of the management, maintenance, operation and repair of Improvements or services provided or authorized to be provided by said districts shall be as described in the preambles hereof; and it is FURTHER ORDERED, that notice of said public hearing shall be provided by publishing at least ten but not more than twenty days before such hearing a copy of this order in the Ithaca Journal the official nevjspaper of said Town, and by posting a copy of this order on the bulletin board in the office of the Town"Clerk; and it is FURTHER ORDERED that this order shall take effect imraediatbT y. The adoption of the foregoing order was duly put to a vote, and upon roll call, the vote was as follov/s: U^ilter J. Supervisor voting Aye Councilman voting r. Councilman voting V"; Councilman voting Councilman voting The order was thereupon declared duly adopted. f S X- vi e w v; sC* S vi H - STATE OF NEW YOHK ) ) SS. : COUNTY OF TOMPKINS ) I, the undersigned Town Clerk of the Town of Ithaca, Tompkins County, New York, do CERTIFY that I have compared the preceding orders with the originals thereof on file in my office at 108 East Green Street in the City of Ithaca, Tompkins County, New York, and that the same are true and correct copies of said originals and of the v7hole thereof. IN TESTIMONY l^/HEREOF, I have hereunto set my hand and affixed the seal of said Town this day of April, 1971. n >XS E AZt Tov/n Clerk r 'i PRESENT: Supervisor Walter J, Schv»'an Councilaian Andrew W, McSlwee Councilman. I\Ioel Desch Councilman Victor DelRosso Councilman Robert N. Powers G-1591 At a nseting of the Tovm Board of the Tov;n of Ithaca, Tompkins County, New York, held at the Tovrn Offices in tj.ie City of Ithaca, New York, on the ^'^th day of April , 1971. ABSENT: In the Matter Of The dissolution of existing special Sew^er Improvement Districts in the Town of Ithaca, Tompkins County, Nev; York, pursuant to Section 209-r of the Town Law WKEREAS, in accordance with the provisions of Section 209-r of the Town Law, it has been proposed that the public interest will be served by dissolving all of the special sev/er improvement districts vjholly located in the Town of Ithaca, Tompkins County, New York, and managing, maintaining, operating and repairing as a Town function, any improvement or service provided or authorized to be provided by said districts; and VJHEREAS, it is proposed that upon such dissolution of said special sew^er improvement districts, the costs of any improvement provided or authorized to be provided by such districts, including the principal of and interest on any bonds or other obligations authorized to be issued for the purposes of such districts, or which have been issued for the purposes of such district and are outstanding and unpaid as of the date of such dissolution, shall be borne by the entire area of the Town, all of the lands within such area being determined to be the lands benefited by such improvements. - d - such costs to be assessed, levied and collected froin the several lots or parcels of land v/ithin the Town in just proportion to the amount of benefit which the improvements shall confer upon such lo-r lands or parcels; and V/HEREAS, in the event of such dissolution, the cost of the management, maintenance,- operation and repair of such improvements or services provided or authorized to be provided by such districts shall thereafter be a charge upon the entire area of the Tov;n and shall be levied and collected in the same manner and at the same time as other Tovm charges; and l-ZIiEREAS, it is now desired to conduct a public hearing on the proposed dissolution of said districts pursuant to Section 209-r of the Town Law, NOW, on motion of Councilman Andrev; ¥<1 McSlwee and seconded by Councilman Robert Powersit is hereby ORDERED, that the Town Board of the Town of Ithaca, Tompkins County, New York, shall meet and hold a public hearing in the Commion Council Room, City Hall, IO8 East Green Street, City of Ithaca, Nev7 York, on the 10th day of May-11, 1971 j at 7?00 o^clock^.M., Eastern Daylight Savings Time, on that day to consider whether or not it is in the public interest to dissolve the follov/ing special sewer improvement districts in said Town: Being all of the Special sewer improvement districts heretofore established in the said Town including, but not limited to, the special sewer improvement districts designated as follows: Trurnansburg Road Sewer District Renwick Heights Sewer District Hanshaw Road Sewer District Northeast Sewer District Ellis Hollow Road Sewer District Slaterville Road Sewer District Ithaca College Sewer District South Hill Sewer District South Hill Sewer District, Extension NOo 1 South Hill Sewer District, Extension No, 2 East Shore Sewer District n Eastvjood Sewer District r T- \ r - 3 - and to hear all persons interested in the subject thereof concerning bhe same and to take such further action upon said proposal as is required or authorized by lav;; and it is FURTHER ORDERED, that in the event the proposed dissolution of the aforesaid improvement districts is determined to be in the public interest, the basis of apportioning, levying and assessing of improvement costs and the cost of the management, maintenance, operation and repair of improvements or services provided or authorized to be provided by said districts shall be as described in the preambles hereof; and it is FURTHER ORDERED, that notice of said public hearing shall be provided by publishing at least ten but not more than tv/enty days before such hearing a copy of this order in the Ithaca Journal ^ the official newspaper of said Tov;n, and by posting a copy of this order on the bulletin board in the office of the Town Clerk; and it is FURTHER ORDERED that this order shall take effect immediately. The adoption of the foregoing order was duly put to. a vote, and upon roll call, the vote v;as as follows: Walter Schvjan Supervisor voting Aye Andrew V.W McElwee Councilman votinc Aye ivoel Desch Councilman voting Aye Victor DelRosso Councilman votins Aye Robert Powers Councilman votins Aye The order v;as thereupon declared duly adopted. vi i: S > n 4 - STATE OP NEW YOHK ) ) ss. * couimty op tompkins ) I, the undersigned Town Clerk of the Tovm of Ithaca, Tompkins County, New York, do CERTIFY that I have compared the preceding orders with the originals thereof on file in my office at 108 East- Green Street in the City of Ithaca, Tompkins County, Mew York, and that the same are true and correct copies of said originals and of the v7hole thereof. IN TESTIMONY V/HEHEOP, I have hereunto set my hand and affixed the seal- of said Town this 26th day of April, 1971. T"Tovm Clerk 3"- f- • / ci --!!?■■ > 3— ; ■ v y- -v.*•'/ ' . •• ^ TOWN OF ITHACA NOTICE OP ADDITIONAL RESOLUTION TO BE CONSIDERED AT A PUBLIC HEARING TO BE CONDUCTED BY THE TOWN BOARD OP THE TOWN OP ITHACA AT THE COMMON COUNCIL ROOM, CITY HALL, ITHACA, NEW YORK, AT 7:15 P.M. EASTERN DAYLIGHT SAVINGS TIME IN CONNECTION WITH THE DISSOLUTION OP EXISTING WATER AND SEWER DISTRICTS IN THE TOWN OP ITHACA The Town Board at a meeting: held on April 26, 1971, having adopted an order and resolution for the purpose of conducting public hearings on May 10, 197I beginning at 7:00 P.M. Eastern Daylight Saving Time, at the Common Council Room, City Hall, Ithaca, New York, on the proposition to dissolve all existing special water improvement districts and all existing special sewer improvements districts pursuant to Section 209-r of the Town Law, and it being required by said section that any resolution adopted subsequent to such hearing shall specifically state that the cost of the manage ment, maintenance, operation and repair of any improvement or ser vice provided or authorized to be provided shall thereafter be a charge upon the area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges, but it further appearing that subdivision 3 of Section 209-r of the Town Law provides that the Town Board may establish sewer rents and water rates as provided by law, and it being the intention of the Town Board in the event the said districts are dissolved according to law, to establish a surcharge on sewer rents and water rates and to provide that the cost of management, maintenance, operation and repair of any such improvement or service - 3 - shall be paid by the revenues raised by any such sewer rents and water rates or any surcharge thereto, IT IS ORDERED THAT A copy of this resolution shall likewise be published in the Ithaca Journal at least ten (10) days prior to the 10th day of May, 1971, and that this proposal of the Town Board shall like wise be considered at the public hearings to be held on the 10th day of May, 1971, at the specific time and place aforesaid which will consider the proposal to dissolve all existing special water and sewer improvement districts. STATE OF NEW YORK COUNTY OP TOMPKINS I, the undersigned Town Clerk of the Town of Ithaca, Torapkins County, New York, do CERTIFY that I have compared the preceding order with the original thereof on file in my office at 108 East Green Street in the City of Ithaca, Tompkins County, New York, and that the same iUi/tit is a true and correct copy of said original and of the whole thereof, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 26th day of April, 1971. Edward L, Bergen Town Clerk