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.) ' ^
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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.
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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 '
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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
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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.
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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.
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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
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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.
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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
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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
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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