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HomeMy WebLinkAbout1984-04-10 / 3 PUBLIC HEARING # 1 • • - April 10 , 1984 . _ Slaterville Volunteer Fire Co . . Inc - Ambulance Service Minutes of public hearing #1 7 : 30PM Supv Cotterill read the notice that was published in the newspaper to consider contracting for general ambulance service with Slaterville Volunteer Fire Co . Inc . QUESTIONS AND/OR COMMENTS Atty Perkins - reported that Slaterville Fire Co has consented to furnish the ambulance service . The proposed determination should be recorded ,in the minutes . Atty Perkins - wanted to point out that the $1 , 500 . 00 would be retroactive as of Jan . 1st , 1984 . It also , has been the - understanding that the Town does not technically intend for the Slaterville Volunteer Fire Co Ind . to answer fire calls , because we are already adequately protected by our fire contracts . The basic purpose of this agreement is for them - to provide general ambulance service to that portion of the town . ' Closed public hearing #1 7 : 40PM PUBLIC HEARING # 2 April 10 , 1984 Ordinance 65 Exemption - Amendment Minutes of public hearing # 2 - 7 : 45PM - - Supv Cotterill read the notice that was published in the newspaper on a proposed . Ordinance of the Town of Dryden amending " Ordinance 65 Exemption " adopted Sept . 13 , 1966 pursuant to Real Property ' . Tax Law Section 467 providing for partial exemption of real property owned by certain persons 65 years of age or older with. limited ,income . The proposed Ordinance is pursuant to Real Property Tax Law Sect . 467- d which would provide for a graduated ' exemption based upon a graduated scale' of maximum income . . - ' QUESTIONS AND/OR ' COMMENTS Atty Perkins - in the past it has been the policy of the Town to give a tax break to certain senior citizens . It is 50 percent off their bill under a certain income level . The Real Property Tax Law was amended to provide income ranges for . a sliding scale effect . The proposal now is to have a graduated reduction in the amount of exemptions . The formula for the income range is : $10 , 500 to $10 , 999 - 45 % exemption ; $11 , 000 to $11 , 499 - 40 % exemption ; $11 , 500 to $11 , 999 - 35 % exemption ; $12 , 000 to $12 , 499 30 % exemption ; $12 , 500 to $12 , 999 - 25 % exemption ; ' $13 , 000 to $13 , 499 - 20 % exemption ; and over $13 , 492 O % exemption . The Town does have a current exemption policy and this would increase the income level now from $10 , 500 to a maximum amount of $13 , 499 and would increase the amount of exemption -. available . Closed public hearing #2 7 : 50 PM • PUBLIC HEARING # 3 April 10 , 1984 Proposed Amendment to Cable Television Franchise American Community Cablevision • Minutes of public hearing # 3 8 : 00PM . Supv Cotterill read the notice that was published in the newspaper concerning the proposed amendment to the Town ' s Cable Television Franchise with American Community Cablevision . The proposed amendment would among other things effect changes in themonth-ly service charge to subscribers . QUESTIONS AND/OR COMMENTS Atty Perkins -- the town originally entered into a franchise agreement with Dryden Community Television in 1961 . The Sammons Franchise that we are operating under expired on Dec . 1981 . The basic rate is $ 6 : 00 per month for cable service and 3 percent gross revenues . The Other franchise in the Town is the former Ceracche Franchise and expires on April 12 , 1991 . It also provided for a •basic charge of $6 . 00 per month and 1 percent gross revenues . We are permitted to charge up to a maximum of 3 percent . The line extension policy in the Ceracche Franchise is none . The original franchise that was adopted in 1966 is silent as to provisions for line extension , until 1975 when Resolution $141 was adopted at the request of Mr Ceracche and this proported to be the line extension policy of the franchise . After much research with NYS Commission on Cable Television he found out that Mr Ceracche never made application_ to the_ Cable Commission for the approval of Resolution , # 141 to have it become part of the franchise , although that was the intent atI' the time . The cable company , insists that the franchise provision policy is at least the minimum provision that the State Commission will require in any new amended franchise . 595 . 5 requirements for construction of cable television plant and. provision of cable service is not. part of the franchise and we are not bound by it . It is really a recommendation of the NYS Commission . The condition is that if a franchise is brought to the Town for an amendment for renewal it must have a cable extension provision in it . The proposed basic rate is $ 8 . 00 per month . This proposal includes 595 . 5 of the rules and regulations regarding the line extension policy . Both franchises are non- exclusive . It has been the policy of the Town to grant non -exclusive franchises , - 'nieanhtig that any 'number of franchises could operate within the . Town . ' Atty Perkins felt • that th'e Town should negotiate a new franchise that covers the whole Town °with American Community Cablevision including the termination date ; equalization of gross revenue franchise . tax provision and line extension . ' There was some discussion . There are 1827 subscribers in the Town and 86 plant miles . . _ Ed Salino - wanted to know what the future intension was for cable service on Ringwood Rd and Midline Rd ? Supv Cotterill - the petition has been filed with the cable company . They have done their study and the report of Ringwood Rd , Midline Rd and Hunt Hill Rd . , a distance of 5 . 3 miles with 75 dwellings , - the installation cost would be $ 375 . 00 if they all take the service . There-was some discussion . Mr Sheridan , Manager for ATC , - the cost for construction of line extension is $10 , 000 . 00 per mile . • Supv Cotteri1l - wanted to know what the town residents were going to receive if the rate increase was granted?. • Mr Sheridan _ maintaining the system , and increase the services that are now provided . They • intend to add 6 or 7 , new satelite services on , the expanded service . It will .be cable network news , ESP sports channel , • USA which is . sports , old movies and 'womens and .childrens programs . . They are also putting on a channel which is called Nickelodeon , performing_ -arts , entertainment - and music television . They are also going to expand pay services - HBO , Cinemax and Disney programs . Eventually all of • the converters will be replaced with addressable - converters . This will . allow people. to call in and they can change what they are getting from us to _something different over the .telephone . . . • . Atty Perkins ' - wanted to know when these -improvements were going to. ' be - made ? Mr Sheridan - they are in the process now . The online-billing should be ready sometime in May . The phone system is in .now and working . _ _ Closed public hearing1/ 3 9 : 00PM . TOWN BOARD MEETING . . . ' April 10 , 1984 - .• . Minutes of the Town Board meeting on April 10th ' Supv Cotterill called the meeting to order at 9 : 00PM Members and guests participated in the, Pledge of Allegiance Roll call was by the Town Clerk : Present .: 'Supv Cotterill , Clm Evans , Clm Metzger , Clm Schlecht , Atty Perkins and Z . O . Stewart Absent : ' Clm Webb Supv Cotterill appointed Clm Metzger to audit the special fund bills and Clm Schelcht to audit the highway fund bills . Approval .of the . minutes : . Motion was made by Clm Evans , and 2nd by Cim Metzger that the minutes of the public hearing and board meeting held on March 13th be approved las submitted . COUNTY BRIEFING Co Rep Tillapaugh - . reported that the county -is . working on reapportionment and they . would like some input . from the Town of Dryden on dividing lines that are located in the Town . There was some discussion regarding the State Fire and Building Code . c- Supv Cotterill - . reported that he " has Spoken with several people so that they . might work with Z . O . Stewart. : to make it a little easier for`" people to get the • . required permits rather than going to the State . The Town did opt out of enforcing . the code but we do have the right to opt back in at any time . 1 Frio v N OW II ' " C . ' 126 EAST SENECA STREET • • . ITHACA, NEW YORK • - • . 14850 , . : ' . April 3 , 1984 . . . . , i �' •,• . . . . + . . , Honorable Clinton Cotterill - Supervisor . . . Town of Dryden . • 65 East Main Street Dryden , New York ; , 13053 . • Dear Clint : . , • • I am enclosing . .an amendment to the Joint Sewer Agreement that is necessary to implement the provisions ' of the pretreatment program we approved locally a year ago . ' In January we received a number of technical and administrative . comments which includes the requirement that the Joint Agreement be amended to include our commitment to implement . and enforce the program. Overall we came out with very high marks including the . implication that our Intermunicipal Sewer Use Ordinance was acceptable . • The changes to the Joint Agreement focus on three aspects of the pretreatment program : ( 1 ) The capital cost ( about $ 19 , 000 which is probably not aidable ) and operating costs ( about the same annually ) . These will be shared by all the owners in the same . proportion as the major project , i . e . , Dryden ' s share will be 1 % . . ( 2 ) All three owners will be named as permittees on the SPDES permit allowing us to discharge to Cayuga Lake . As such , we all . will share in the liability if pollution of the lake were to occur through faulty operation of the plant or the pretreatment program. As you know , this shared liability is already built into the agreement . ( 3 ) The enforcement procedure was not spelled out in the original agreement since the program had not been developed yet .: You will see the substance of our commitment under Section 13 Special Joint Subcommittee duty # 9 . This explains how the program would be administered and enforced . It comes as the result of extensive discussions and the approach that we try to resolve as . - many industrial. discharge problems as possible at the grass roots level . The Plant Superintendent will see the problem first and ought to have direct access to the pertinent municipal engineer and industrial discharge point in the system . Thei SJS would then provide oversight of the effectiveness of our program with ultimate responsibility resting with each municipality, tan the Town of Dryden case , even though no industry is involved it may be desireable to designate the Ithaca Town Engineer as your contact person should a problem occur . This would be something for you co consider when we consider official adoption of the Intermunicipal Sewer Use Law in May or June of this year . The proposed changes have been approved by the SJS , City Board of Public Works , B&A Committee of Common Council , so far . I have the matter on the Ithaca Town Board agenda for April 9 and City Common Council is scheduled to deliberate on it on April 11 . I am hoping you will consider and adopt it on April 10 . If necessary I can • attend the meeting to explain it in more detail or you can give me a call if you have questions . Mahlon Perkins . has had same discussions with Jim Buyoucos on the matter . I have underlined the changes to save . some time in comparing old with new . . We have refrained from the t6ptation of making non-pretreatment' changes at this time , although perhaps an overall rewriting could be justified to clean up some of the phraseology but that can be done` when we deal with rate schedules in a year or so . . • Very truly yours , Noel Desch • . Chairman , S3S • • ND/ js enc . cc : B . Eckstrome- C --c.., 4 1 q 1 e ti • erei t_ 11 ( if i raj D y/ i 0Lc? tf JOINT SEWER AGREEMENT City of Ithaca - To of Ithaca - Town of Dryden i December 22 , 1981 Amended April. , 1984 This agreement dated this 22nd day of December, 1981 BETWEEN, the City of Ithaca , a municipal corporation rporation of the County of Tompkins and State of New York, and The Town of Ithaca , a municipal corporation of the County of Tompkins and State of New York , and The Town of Dryden , a municipal corporation of the County . of Tompkins and State of New York , a • WITNESSEI'H : I i i i N. INTRODUCTION i I WHEREAS , the City of Ithaca has for the past several years provided sewerage service for portions of the Town of Ithaca and Dryden on a contract basis , providing for the conveyance of sewage through its !' sewers and the treatment and disposal of the sewage at its existing , y wastewater treatment plant, . and l WHEREAS , . ,: the City of Ithaca treatment facilities are no longer adequate to meet the effluent quality requirements of the New York • 1 State Department of Environmental Conservation and the U . S . Environmental Protection Agency , nor does the plant have adequate capacity to meet future requirements of the municipalities , and WHEREAS , the New York State Department of . Environmental Conservation and U . S . Environmental Protection Agency have ordered the facilities be improved and are considering providing grant funds to assist in carrying out the necessary improvements , and WHEREAS , benefits include improvement of the environment of not only the service area but the preservation of Cayuga Lake and the - streams of Tompkins County , and WHEREAS , the respective legislative bodies of said municipalities have determined it to be the best interests of their respective municipalities to construct , awn and operate a single wastewater treatment and disposal facility , and WHEREAS , the above mentioned municipal corporations respectively and severally desire to provide for the construction , maintenance and operation of a joint wastewater treatment and disposal facility set forth in the foregoing reports , • NGW, THEREFORE , in consideration of the premises and the mutual . covenants and agreements herein contained and pursuant to Article 5-G of the General Municipal Law, it is hereby agreed by and between ttie _ parties as follows : Section 1 . Scope The parties hereto agree . to jointly construct a wastewater treatment and disposal facility as . defined in the Wastewater • Facilities Plan to rreet the needs of the municipalities in the designated service area (Appendix III - Map) and to provide for the operation and maintenance thereof , of the type specified and under the terms and conditions hereinafter set forth, 9nd as set forth in . the Sewer Use Ordinance . • That the participating municipalities are not unmindful of and do . . - . acknowledge the . interest : ` of certain other entities which have a , special interest in this Agreement and the project herein , considered , as follows : ( 1 ) The County of Tcxripkins has requested that consideration be given to include facilities in the project to provide for the receipt , treatment, and disposal of septage produced within the County . The STEP I Facilities Plan included such facilities and the STEP II Design includes the septage facility . The participating municipalities intend to enter into a . separate joint agreement with the County of Tcxnpkins to construct , operate and maintain this service ; (2 ) Under the present rules of the U . S . Environmental Protection Agency , wastewater from certain industries within the service area of this Agreement may require . special permits . The parties intend to adopt the Sewer Use Ordinance and implement the Industrial Pretreatment Program set forth in the adopted Pretreatment Report prepared under Federal Project No . C-36-1095-01-2 in June 1983 , and hereinbefore approved by the parties in May 1983 . (3 ) All parties agree that no other . : public wastewater collection and treatment system shall be activated by any member municipality to serve the service area • until . the bond issues for the project have been paid in full , • . without the consent of all parties . Section 2 . , Duration The terms of this Agreement shall be for a period equal to the terms of the Serial Bonds which are to be issued in connection with the financing of this Project , unless otherwise modified and amended by the parties to the Agreement . This Agreement shall be renewed by the parties upon such terms and conditions as they may agree upon . This Agreement , as it may have been modified from time to time shall be renewed by the parties on such terms as they may agree upon . However , this Agreement with all amendments in effect , shall be automatically renewed upon the same terms and conditions then in effect for such period , unless one of the parties elects to terminate its participation as hereinafter provided . If any of the parties wishes to terminate its participation in the . . . Agreement and Project , at the expiration of the original term , as provided above , it must give written notice to the other parties at least four ( 4 ) years prior to the expiration of such original term, which notice shall contain the reason for such termination . In the event that the election to terminate is exercised as above provided , the assets of the joint operation shall be disposed of by agreement of the parties hereto upon agreed valuation on the basis of ownership interests as herein provided . Section 3 . Title to Property . Title to all real property and improvements thereon , including the wastewater treatment plant site location and the rights-of-way to • jointly owned sewer lines and other facilities shall vest in the parties hereto as tenants in can in the proportions outlined in Appendix I . Section 4 . Right-of-way and Tax Exemption It is specifically agreed during the duration of this contract that the real property and improvements , including any intsrmunicipal interceptor , trunk line or lines , located within each municipality shall be entirely exempt from real property taxation by said municipality and each municipality agrees to said exemption , and each municipality will adopt a Tax Exemption Resolution provided under Section 406 of the Real Property Tax Law. Section 5 . Type of Treatment Plant and Improvements The design , type , size , and specification of the treatment plant , . • . including site development , trunk lines , improvements and other • equipment shall be as recommended by the Consulting Engineers , . subject to the approval by the respective governing bodies of the municipalities , and further subject to the approval by the New York : • State Department of Environmental Conservation and the U . S . ; _,_ Environmental Protection Agency . • Section 6 . The Facilities Plan . The parties hereto do hereby substantially accept the . STEP I • • Facilities Plan prepared by Consulting Engineers. Stearns & Wheler as approved by the U . S . Environmental Protection Agency and the New . York State Department of Environmental Conservation and do agree that the fees paid to the Consulting Engineers and others (as a • part . of the STEP I facilities planning ) shall be included in the • capital costs of the . project as herein mentioned . The cost of the STEP I Sewer System Evaluation Survey is covered in a separate • . agreement . ' H . The parties hereto do agree to proceed with the STEP II Design and • • do jointly agree that the Consulting Engineering firm of Stearns and Wheler is designated to. carry out the work and that the . • legitimate costs of said work shall be included in. the capital • costs of the project . Section 7 . Capital Costs . It is mutually agreed between the parties that capital costs for • . the • wastewater treatment facility and other jointly owned • : facilities as hereinafter set forth , shall be allocated , borne and . . paid by the respective municipalities as set forth in Appendix I of this Agreement . An Interim . . .Intermunicipal Agreement has been executed by and between the City of Ithaca , the Town of Ithaca and the To of Dryden relating to ` the financing .. of the Srr.:P II Design , Project #C-36 -1095-02 . Said Agreement is attached as Appendix IV, and is made a part of this Agreement . Capital costs shall include all of the following : (a) Planning fees and costs . (b) Professional Engineering fees . (c) Cost of rights-of-way acquisition for jointly awned sewers . (d) Cost of land acquisition for plant site and other joint facilities . (e) Construction costs of the wastewater treatment and disposal facility including site preparation , demolition , and existing facility deactivation of all eligible . reimburseable items . (f) ' . Remaining debt on original plant equipment and facilities owned by the City of Ithaca whether or not included in the new joint facility as listed in Appendix . I . (g) Measuring meters for determining operational cost allocation hereinafter set forth . . ( h) . Attorney and legal fees , administrative expenses . (i) Such other expenses ordinarily connected with the construction and establishment of a joint wastewater treatment facility but specifically excluding the respective laterals and internal sewer systems of the participating municipalities . ( j ) Financing and interest costs . (k) : Cost of equipment required to implement the Industrial Pretreatment Program. Section B . Pre-Agreement Costs The City of Ithaca. shall receive acredit adjustment towards its share of capital costs for the land and rights-of-way which it has acquired and now owns , and the buildings thereon , ( including equipment and apparatus) which are to be transferred from the present facilities now owned and operated by the City of Ithaca , to the project and the facilities which are to be jointly owned under this Agreement .. . The parties have . ageed that the amount of the credit adjustment for land , buildings , equipment , and apparatus shall be in the amounts set forth in It 4 under the heading , ."Anticipated Local Capital Costs " of Appendix I . The parties have further agreed , that in addition . to the aforementioned credit to the City for its contribution of land, equipment , buildings and apparatus toward the project , further credit will be allowed to the City for expenses that it incurred for the Plan of Study , the Maximum► Efficiency Evaluation for Wastewater Treatment Facilities Report, and STEP I work (exclusive of SSES which is covered by a separate agreement ) which has not otherwise been shared in by the other participating municipalities . The Town of Ithaca has provided a recording secretary and shall receive credit for such costs ;. q support of the Sewer Service Planning Committee . r Section 9 . Financing - Capital Costs Each respective participating municipality shall be responsible for financing its respective share of the Capital Costs . The participating municipalities may jointly or individually apply for Federal or State grants for all or a portion of their share of the project cost , whichever may be most : advantageous to said municipality . . That said respective amounts shall be provided by each respective municipality or such portion thereof as may . be • needed during construction upon warrants issued therefor by the Project Fiscal " Officer hereinafter designated and charged with the expenditure of funds for the project under terms of this Agreement . • ; . . That it is mutually agreed that the Chief Fiscal Officer of the City of Ithaca or his Deputy be and he hereby is designated ' Fiscal Officer for this Project for the parties for the purpose of . receiving, and paying out funds pursuant to this . Agreement upon his filing with the Towns of Ithaca and Dryden , in addition to his official bond filed with the City of Ithaca , , a bond in the penal sum of $ 300 , 000 in favor of the participating municipalities , . conditioned upon his faithful performance and discharge of the trust imposed upon "him . The Fiscal :Officer shall deposit all moneys received from the respective municipalities in separate accounts in one or more banks or trust` companies authorized by law to receive deposits of funds on behalf of the respective . municipalities . No expenditures shall be made from said special account or accounts except after an audit according to normal s auditing and payment procedures of the participating municipalities and in accordance with provisions of Section 119-0 of the General Municipal Law of the State of New York. . Operation . Y. . . •fr• The parties agree that the City of Ithaca through its Department of Public Works shall operate and maintain the proposed plant in a manner consistent with' parameters defined in the SPDES Permit. Matters pertaining to the selection , appoint= - t , direction . and administration of employees or personnel matters , collective - . bargaining or labor negotiations are the sole prerogative of the - City of Ithaca and appropriate expenses relating : to same are to be covered under " Section 10 - Operation Expenses" which follows . All the parties to this Agreement shall be named as permitees on the SPDES Permit for the Ithaca Area Wastewater Treatment Plant . : Section 10 Operating Expenses Operation and maintenance costs shall include operating costs for • . :_ managing , repairing and maintaining all jointly used facilities and equipment , including the treatment plant and that : portion of intermunicipal sewers jointly used , insurance , salaries , legal , engineering , bookkeeping and auditing and required overhead on personnel , social security , health insurance , utility costs , fuel , supplies , parts , materials , and all incidental expenses for . . ' operation , managing , inspection , maintenance , repair , SPDES Permit fees and costs. of monitoring Cayuga Lake required by the conditions of the plant construction grant and the SPDES Permit and the ' . operating costs . of the Industrial Pretreatment Program. The parties agree that the operating expenses for the operation of . the joint facility , . including the operating costs of the Pretreatment Program shall be apportioned as described in Appendix II and as projected by the annual budget . ' The flow shall be measured in so far as feasible by means of meters . on the trunk lines from the Towns of Ithaca and Dryden as provided . in the approved STEP I Facilities Plan . The measurement of strength of the sewage , if and when required , shall be determined by accepted engineering standards . The formula , frequency of sampling and means of measuring the strength of the sewage shall be as agreed upon by the governing bodies of the participating municipalities . , The Chief Fiscal "Officer shall collect operating charges by means of an annual prospective budget and assessing each individual participating municipality on the ratio as hereinabove provided and under the formula thereafter promulgated . Nothing herein. • shall prevent the respective participating municipalities froth raising , in addition to said operating assessment , such amounts in addition thereto sufficient to amortize • their respective capital costs or to assess a surcharge to pay for the maintenance of their individual systems . i, In the event a participating municipality . shall fail to pay its respective assessment for operating costs , or any installment thereof when due, the other municipalities shall have the right to compel payment of same under provisions of law. • The annual budget of the Water Pollution Control Facilities (WPC ') shall include an item for contingencies . If during any year that the assessment shall be insufficient to defray the operating costs : during said . year , the Chief Fiscal Officer shall recommend an amended budget and assessment which shall be reviewed , adopted and paid in the same manner as the yearly assessment: • Section 11 . Responsibility for Damages and Claims In the event any liability is asserted against any of the parties hereto arising out of the construction / operation , or maintenance of this joint project , the parties shall be jointly and severally liable for the defense and payment of any such claims . The liability shall be apportioned among the municipalities in proportion to the interests of each party in the project or in accordance with such other methods as the parties may agree . Insurance against any such possible liability for protection and benefit of the project and each separate municipality and . the premiums for any such insurance Coverage shall be an obligation chargeable against the project and the costs thereof to be apportioned during the construction period in accordance with the " debt allocations , and , thereafter , to be included in the cost of the operation and maintenance of the project and included in the budget assessed against each municipality each year in the manner • set forth in Appendix II . • Section 12 . Outside Users The sewage treatment facilities provided for in this contract shall be limited to the defined service area ( see. Appendix III ) . No extension of the . facilities . hereby . created shall be permitted I outside the service area of the parties hereto without the consent of the governing bodies of the parties hereto . Such joint consent of the governing bodies of the parties hereto shall be by a . majority vote of the voting strength of the respective governing bodies . • . Section 13 . Special Joint Subcommittee Oversight of the joint WPC' operation will be by a .subcommittee ( SJS ) of the Board of Public Works . The SJS will have eight members . Representing the City will be three members of the Board of Public Works and the liaison from the Common Council to the Board of Public Works . Representing the Towns will be four members of their choice , one of whom must be an . elected official from the governing bodies . The SJS will elect its own chairman and shall establish scheduled meeting dates to provide for timely referrals to the Board of Public Works . The charge of the SJS shall be to oversee operations of the WPCF, . including budget . Matters will be brought before the Board of Public Works with the majority ( 5 votes for) recommendation of the . SJS . Matters so referred to the Board of Public Works shall be , acted on within 30 days . Those recommendations that are accepted by the Board of Public Works shall then be implemented accordingly . Those recommendations that are either rejected by the BPW , or not acted upon within 30 days , or that reach an impasse in the SJS . • shall then be referred to the Chief Fiscal Officer who shall . - convene a meeting of the Mayor , Superintendent of Public Works , the Town of Ithaca Supervisor , and the Town of Dryden Supervisor who • 4111/ shall attempt to resolve the matter . The matter shall be so . resolved by a unanimous agreement of these officials . Where there is . not unanimity , . the matter shall be referred to the . municipalities for resolution . . • Budget estimates for the joint WPCF . operation will be submitted by the Superintendent of Public Works to the SJS by July 1 , preceding • each fiscal year . By September 1 , the SJS will submit a recomrended budget to the Board of Public Works . One member of the SJS or another person so designated by the SJS shall serve as Secretary for the purpose of providing meeting notices , recording and distributing minutes of the meetings , and . other administrative duties . Each member shall have the right to present agenda items for discussion and arbitration . The SJS shall have the following authority , power and duties : • ( 1 ) Establish the administrative procedures for administration of the Agreement"and for the billing of charges to the municipalities . ( 2 ) Discuss and audit the billings prior to submission for payment . . ( 3) Discuss and negotiate any matters of mutual interest in relation to the ownership Agreement . (4 ) From time to time , make recommendations to the municipalities regarding the Agreement . . . (5 ) . Administer the Reserve Capacity set-aside . . ( 6 ) Negotiate equitable charges for services rendered to each . other or jointly . ( 7 ) . Review applications for new service connections as appropriate to assure accomplishment of the primary objectives of the Pretreatment Program. . ( 8 ) Monitor master flow meters . ( 9) _Arrange for the enforcement of Sewer Use Laws and Regulations and the Pretreatment Program . (a) . It shall be the responsibility of the SJS to review the effectiveness of the Sewer Use Law and Regulations and the Pretreatment Program and theTTThorized If legal action is required, the matter shall be promptly referred to the attorney of the municipality, in which the violation occurred, or to such other attorney duly authorized to take such action . The municipal attorney — concerned shall have, the authority to initiate proceedings when immediate action is required . ( 10 ) Submit periodic and annuai , reports to the municipalities . ( 11 ) Notify the governing bodies in relation to any claims , demands , disputes , differences , controversies and misunderstandings which cannot be resolved by arbitration and negotiation . ( 12) Negotiate an agreement with Tompkins County on the financing of the capital cost of the septage facility and the methods of the recovery of the capital and operating and maintenance costs for same . ( 13 ) From time to time hold public hearings as necessary . ( 14 ) From time to time review the Operating and Maintenance Manual . ( 15 ) It shall adopt , subject to the approval of the governing bodies of the municipalities which are parties to this instrument regulations to implement any of the foregoing powers and duties . Section 14 . Approvals Required This Agreement shall be effective upon approval by the governing bodies of each municipality, subject to required provisions of Upon approval of this Agreement , each .municipality shall proceed to - arrange procedures for financing the construction of this Agreement . It is understood that no bid for construction shall be advertised and no contract for the construction shall be awarded . until all bonding and financing resolutions have been finally approved and authorized and all required procedures have been complied with . municipal officials . It shall report periodically on the foregoing matters to the City ' s Board of Public Works and to the respective Town Boards of the Towns of Ithaca an Dryden and shall furnish such information and data as may be required by the Board of _�_ Public Works or the Town Boards . (b) The City and the Towns have the primary . responsibility for monitoring industrial wastewater and enforcing applicable laws and regulations within the jurisdiction of each such municipality , within their respective areas . In order to provide an orderly , effective monitoring and enforcement program, the City ' s Sewer Superintendent of the Joint . Sewer Treatment Plant Facility or his duly authorized representative shall have the authority ( 1 ) to sample and monitor industrial discharge throughout the sewer service area in collaboration with the City Superintendent of Public Works ( in those cases where the discharge into the sewer collector system originates in the City ) and the municipal . engineer of the respective Towns where such discharge originates ; and ( 2 ) to enforce the Sewer Use Law and the Pretreatment Program and regulations in collaboration with the municipal officials as provided in the preceding subparagraph ( 1 ) . ( c) The status of all violations shall be immediately reported to the SJS , which shall promptly recommend whatever further action may be required to correct or stop any violation , ' to the Mayor or the Town Supervisor of the municipality in which the violation occurred . • i to Tim Buhl. - they are trying work out a modified approach . The Zoning Officer n would still fill out the building permits and make sure everything is in order . • Then their office would review them for the . compliance ' and make one inspection at the site of construction . . Supv Cotterill - Jim Mason indicated ; at =a meeting that he would suggest that the county accept the fire inspection.. • •. • • I . Co Rep Tillapaugh: - the county is • taking another look at the fire and building code . The county would have some guidelines for the towns to follow . They do not want to form a countywide enforcement system . They would like the towns and villages . to form their own systems and the county would help coordinate . There was sothe 'discussion . . . v . ATTORNEY • • Atty Perkins - the Town has to consider an amendment to the Joint Sewer Agreement with :the City of Ithaca and Town : •of Ithaca : - In Dec 1981 the Town adopted an agreement and now there has to be some changes and some additions to that agreement . Atty Perkins went over all of the changes to be made with the board • members . . RESOLUTION # 75 APPROVE AMENDMENTS TO THE JOINT SEWER • . . • AGREEMENT WITH THE CITY OF ITHACA. , TOWN •• OF_ ITHACA AND _ TOWN OF DRYDEN Clm Metzger. offered the following resolution and asked for its adoption : RESOLVED , thaelthis Town Board approve the amendments to the Joint Sewer Agreement with the City of Ithaca , Town ' of Ithaca and Town of Dryden . (Copy attached in book) 2nd Clm Evans Roll call vote = all voting YES RESOLUTION # 76 ADOPT AMENDMENT TO ORDINANCE FOR • AGED EXEMPTION Clm Evans offered the following resolution and asked for its adoption : • ORDINANCE NO . 1 ( 1984 ) WHEREAS , Chapter 991 of the Laws of 1933 enacted a new Section 467 - d to the Real Property Tax Law authorizing a Town which has previously granted a Senior Citizen Exemption to Pro - vide graduated exemptions based upon a graduated - scale of maximum income , and WHEREAS , the Town Board of the Town of Dryden deems it in the best interests of all the residents of the Town of Dryden to ' encourage and facilitate the occupation and retention of homes owned by senior citizens , and WHEREAS , inequities and injustices have resulted ' because of • income limitation cut - offs , NOW , THEREFORE , BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF DRYDEN , as follows : The existing maximum income eligibility level of $ 10 , 500 . 00 adopted by the Town Board is hereby c modified pursuant to and in accordance with Section 467 - d of the Real Property Tax Law . The precentage of exemption shall be based upon the maximum annual income range specified herein , as follows : • • Percentage ' Income Range of Exemr. tion $ 10 , 500 to $ 10 , 999 45 % $ 11 , 000 to $ 11 , 499 40 % $ 11 , 500 to $ 11 , 999 35 % $ 12 , 000 to $ 12 , 499 30% $ 12 , 500 to $ 12 , 999 25 / $ 13 , 000 to $ 13 , 499 200 Over $ 13 . 499 • 0 % • This Ordinance shall take effect ten ( 10 ) days after its publication in the Ithaca Journal . 2nd C1-m Met-zger, -= _:, < e - . a, .>,<- ,.�•�- �=•• °G � " �- Ro11-~-catt vote- ="all voting- YES RESOLUTION # 77 AMBULANCE CONTRACT SLATERVILLE • The • following deteminaticn and resolution were respectively made and adopted. by . the Tzu &oacydi Of the town Dryden , to wity . . . DETERMINATION . • • -W}#SEREAS , . The Town "Gola, S au:sed e.catice pu,blic hearing to be pubti. shed -- in The rTata Journal , the o€ iciaa. news9:ar- er of the Town of Dryden on March 31 , 1984 , ' to consider she advisability of adopting a resolution , in accordance with the provisions of. the . General (:Municipal Laws BIkthorizing the SLIt7ELeVILLE VOLUNTEER FIRE * &b. , INC . to furnish fire protection and .!etner' ai - - am. o 1a at Service for residents of the Town og Mnaelte sn►a • • WHEREAS , . a public hearing pursuant to such notice was held on April 10 , 1984 , and at which public heating fet. was pointed out that the Town of Dryden was served by several other Fire Compaauies which did not provide general ambulance service to the area proposed to be served by the Slaterville Volunteer Fire Coo , Inc . and the understanding between the . Town and the Slaterville Volunteer Fire Co , , Inc . was that the fire protection contract is to be entered into principally for the furnishing of general ambulance service in the area to be served by Slaterville Volunteer Co . , Inca in the Town of Dryden , and WHEREAS , the matter was fully considered and discussed by the Town Board and all persons present at the time of such hearing were given an opportunity to be heard by the Town Board , and WHEREAS , the Town Board deems it in the public interest to authorize the furnishing of such fire protection and general ambulance service and to enter into an agreement therefor with the SLATERVILLE VOLUNTEER FIRE CO . , INC . for the consideration of One Thousand Five Hundred Dollars ( $ 1 , 500 . 00 ) for one year , to be paid on or before the 1st day of May , 1984 , and WHEREAS , the consents of SLATERVILLE VOLUNTEER FIRE CO . , INC . ' and the EMERGENCY SQUAD OF SLATERVILLE VOLUNTEER FIRE '. CO . , INC . to furnish emergency ambulance service have been obtained , and • 4 :$ . . .. of:.:_a :r?a to:L` a c ccar.1 .- mk Ztt1MG IKr:M: C--- F-a�• :�mo� � .. .. . � _ _ _ r w . • NOW , AFTER HEARING AND CONSIDERING THE STATEMENTS MADE AT THE PUBLIC HEARING : on Motion of Councilman Evans seconded by Councilman Schlecht , it is RESOLVED , that the Town Board hereby finds. , in accordance w ith the provisions of Section 209 ® b of the General Municipal • Law , that it is in the public interest to authorize the furnishing of such fire protection and general ambulance service . for the said residents of the Town of Dryden , and it is further RESOLVED , that such fire protection and general ambulance service shall be furnished _ subject to the rules and ✓ egulations as shall be prescribed by SLATERVILLE VOLUNTEER FIRE CO . , INC . , and approved by the Town Board of the Town of D ryden , and it is further RESOLVED , that within ten days after . the date of the adoption of this resolution the Town Clerk cause a certified copy thereof and the . determination on which it is based to be filed in the office of the Clerk of the County of Tompkins together with the consents of the SLATERVILLE : VOLUNTEER FIRE CO . , INC . and the EMERGENCY SQUAD OF THE SLATERVILLE VOLUNTEER . • FIRE CO . , INC ", and it is further RESOLVED , that the Town Supervisor be , and he is hereby authorized to execute an ' agreement between " the TOWN OF DRYDEN and the • SLATERVILLE VOLUNTEER FIRE CO :, ' INC . for the consideration of One Thousand Five Hundred Dollars ( $ 1 , 500 . 00 ) . The vote on T the adoption of the foregoing ; resolution was as follows : : • • Supervisor ® Cotterill YES • • Councilman t Evans YES c • Councilman Metzger YES Councilman m • Schlecht YES Councilman - - Webb Absent • • . The resoluti ® n was thereupon declared duly adopted . • • 1 Atty Perkins - reported that application has been made by Robert C Wood on behalf • of Roger Pierce of Corning Apt . applying for funds from NYS Housing and Finance Agency for rehabilitation of roofs , septic systems , drainage improvements and upgrading of cabinets and fixtures . Also a proposed second story addition . He is asking that either the town accept responsibility for approving the environmental assessment form or that we pass along the function to the New York State Housing and Finance Agency . RESOLUTION # 78 NYS HOUSING & FINANCE AGENCY - Robert Wood Clm Metzger offered the following resolution and asked for its adoption : • RESOLVED , that this Town Board send the application made by Robert C Wood on behalf of Roger Pierce regarding the environmental assessment form to New York State Housing and Finance Agency for their approval 2nd C1m • Evans Carried Z . D . Stewart gave the board members pictures taken of the Morse Estate property located at 875 Midline Rd , parcel # 59- 1 - 35 with regard to our Local Law- # 2 - 1981 providing for the repair or removal of unsafe building and collapsed structures . Z . O . Stewart gave a written report of his findings to the board members (Sect . 4 investigation and report ) . He had sent the owners a letter regarding the unsafe situation in Jan of 1984 stating that he had made an inspection and sent them a copy of the Town of Dryden ' s Local Law asking them to contact him within 10 days for a schedule of compliance , which they did not do . There was communication on Feb 18th and again on Feb 20th and still no response . There was some discussion and the following was decided . RESOLUTION # 79 AUTHORIZE PROCEEDINGS REGARDING LOCAL LAW # 21981 = Morse Estate Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this- Town Board accept the recommendation from Z . O . Stewart with regard to the unsafe structure at 875 Midline Rd and authorize Attorney Perkins and Z . O . Stewart to start legal procedures against Morse Estate at 875 Midline Rd , parcel # 59 - 1 - 35 . 2nd Clm Schlecht Roll call vote - all voting YES There was some discussion regarding the proposed amendment with American Community Cablevision . • RESOLUTION # 80 DRAW UP CONTRACT FOR AMENDMENT TO CABLE TELEVISION FRANCHISE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , . • that this Town Board authorize Attorney Perkins to draw up a contract for American Community Cablevision Franchise Amendment . 2nd Clm Metzger Roll call vote - all voting Yes There was some discussion regarding the State Fire & Building Code and the board decided to hold a public hearing on May 8th to see if they would like to opt baekl inn . RESOLUTION # 81 SCHEDULE PUBLIC HEARING - STATE FIRE AND - BUILDING - CODE " - . . Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board schedule a public hearing at 7 :45PM on May 8th to consider opting back in Local Law #1 - 1983 . State Fire & Building Code 2nd Clm Evans ' Roll call vote - all voting YES ZONING OFFICER 2 building permits were issued for the month of March . 1 storage building and 1 addition . ZBOA ' had no hearings . HIGHWAY RESOLUTION # 82 AUTHORIZE HWY SUPT TO ACCEPT BID FOR ONE NEW TANDEM AXLE TRUCK Clm Metzger • dffered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Humphrey to accept the bid from Albee Truck Inc for one new GMC tandem axle truck at a price of $ 56 , 242 . 00 2nd Clm Schlecht Roll 'call vote - all. voting YES RESOLUTION # 83 AUTHORIZE HWY SUPT TO ACCEPT BID FOR DUMPBODY AND SNOWPLOW EQUIPMENT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy. Supt Humphrey to accept the bid from Blackwell Inc for one dumpbody and snowplow equipment for $ 20 , 486 . 00 2nd Clm Schlecht Roll call vote - all voting YES • Supv Cotterill - has received applications from the County regarding, flood prevention project . _ _ . . Hwy Supt Humphrey - one is on Springhouse Rd and the other is located in Brooktondale nean-Rt 330 . The program is 50/50 where the county pays 50% and the town pays 50 % . Instead of the town paying ':the , 50 'percent Mr Erick Smith is willing to pay that amount since It is located on his property and will help the flooding situations . . . Brockton Hollow Farm Brooktondale , NY 14817 April 3 , 1984 Dryden Town Board Dryden , New York • To Whom It May Concern : . I would like to request that the Town of Dryden act as agent for me to apply to Tompkins County for ' cost - sharing to perform work in Six Mile Creek as described below . I agree to assume responsibility for having the project completed including aa, auming all liability and expenses which are not covered by the county . - ' The work will be done in the creek approximately 1 / 2 mile SE of German Cross Road and 1 / 4 mile NW of Banks Road . Because of the flooding that has taken place in the last few years , the creek channel has moved and is severely undercutting and eroding the bank in my field which is Class 1 farmland . Also it is undercutting a small woodlot which is already dropping small trees and debris into the creek , as the soil is washed away from roots . The potential for further damage is great since the current , channel runs along the edge of my field to the woodlot , then is forced to make a sharp turn ( approx . 90 degrees ) at the • _ woodlot , Thus in periods of high water , the full force of the stream is . working ' directly on the woodlot . The proposed work would rechannelize the stream to its previous channel involving about 500 ft of renewed channel . Also , about 50 to - 75 feet of rip rap would be required at the point the creek is redirected into its old - channel . - - The estimated coat is approximately 02500 for the channelization and about S50 / ft for rip rap or $ 2500 to $ 3750 , bringing the total to the range of $ 5000 to $5250 . I believe - these estimates to be on the conserva - tive side . A contractor has actually estimated the channelization work at " $ 2000 , $ 2500 tops . " Eatimatea for rip rap which I have heard are. in the range of $ 40 to $50 / ft . Thus , in the end , I would expect the whole project to be in the mange of 05000 . Larry Gumeer from the NY -Dept . of Environmental Conservation has been at the site . He made the actual suggestions for the work to be done and said that NYDEC would definitely approve the project , . provided it was done as he specified ( rip rap of at least 5a., ft. . required ) . Greg Tesaman . from Tompkins County Soil Conservation Service has also been at the site . Larry Gurneer said that SCS would be the agency to actually provide the construction / specifications . Toy, - Smith from Tompkina County Trust Company has agreed to provide a performance bond for me for the ' amount ' of $2500 , provided - I leave that amount deposited in the bank . I currently have r certificate of deposit at that bank which expires May 1 , 1984 . On that date , I will renew it in the amount of 02500 to expire no earlier than September 1 , 1984 , and assign it to the bank , thus guaranteeing that the . bank will have the collateral needed to provide the bond . . Sincerely , • • III . Erick Smith -- - 0 \a crd • A -p f 2. `,`. \ _,f 0\ 1 .A. t LAJ ( (J ��.� k/9 M�� r 1. / 0 fJJ Ck a � �3 P e v't 0 c ( b �.- - f.d°-p � 1/� �� f ,. . '3117 7 rt " � 0 co ! J z s + ce s 14 R p a ' Y ev '•. • , i + a F Supv Cotterill . - we have to authorize $1500 . 00 _ for Springhouse . Rd (Egypti ; Creek Project ) which is the town ' s share . We have a written agreement from Mr.. Erick Smith that if we approve this , he will pay the town ' s local share to the county . • RESOLUTION #84 EGYPT CREEK 'PROJECT Clm Metzger offered the following resolution and. asked for _ its adoption : _ . . RESOLVED , that this Town Board authorize the local share of $1 :; 500 . 00 to be paid from - the Highway Fund for the flood prevention project located .71 at Springhouse Road . 2nd Cim Schlecht Roll call vote - all voting YES RESOLUTION # 85 SIX MILE CREEK PROJECT IIIL Cim Evans offered the following resolution - and asked for its adoption : RESOLVED , that this Town Board authorize the local share of $ 2 ;500 . 00 be paid by Erick Smith of 30 Banks Road , Brooktondale , NY for the flood prevention project located on his land in the Town of Dryden 2nd Cim Metzger Roll call vote - all voting YES CORRESPONDENCE Tomp . Co Muni'ci'pal meeting April 25th - Party House 6 : 30PM Ambulance report Letter from County Planning • Dept . regarding support for Tomtram JUSTICE REPORTS Judge Sweetland - $ 3224 . 00 Judge Newhart - $1611 . 00 FINANCIAL REPORTS given to board members • - RESOLUTION # 86 TRANSFER FUNDS FROM CONTINGENCY 1990 . 4 toAMBULANCE 4540 , 4 Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that , .th .s Town Board authorize the Supervisor to ' transfer $1 , 500 _ 00 from Contingency- 1990 . 4 to Ambulance 4540 . 4 2nd Cim Evans Roll call vote - all voting YES RESOLUTION # 87 TRANSFER FUNDS FROM UNEXPENDED FUND BALANCE TO SS2 8130 . 4 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED, that this Town Board authorize the Supervisor to transfer $12 ; 500 . 00 from Unexpended Fund Balance to SS2 8130 . 4 • 2nd Cim Evans Roll call vote - all voting YES RESOLUTION # 88 AUDIT GENERAL FUND BILLS Cim Evans offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Schlecht Roll call vote - all voting YES RESOLUTION # 89 AUDIT HIGHWAY FUND BILLS Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . 2nd Clm Schlecht Roll call vote - all voting YES • RESOLUTION # 90 AUDIT SPECIAL DISTRICT BILLS Cim Metzger offered the following resolution and asked for its adoption : RESOLVED , that the special district bills be paid as audited . 2nd Clm Schlecht • Roll call vote - all voting YES NEW BUSINESS Schedule public hearing 7 : 30PM special permit - Gold Sport Schedule public heating 7 : 45PM Local Law aa � Resolution # 90 CORTLAND ROAD SEWER DISTRICT Resolution Authorizing the Filing of an Application for a Federal and State Grant for the Planning, D esign and Construction of Necessary Sewage Treatment Works, Under the Appropriate Laws of New York State and the United States of America . - W HEREAS , Town of Dryden . ( Legal Name of Applicanth -- - - -- herein called the " Applicant, " after thorough consideration of the various aspects of the problem and study of available data , . has hereby determined that the planning, design and construction of certain works , required for the treatment of sewage, generally described as for the construction of a gravity sewer , a submersible pump station and associated force main for the Cortland Road sewer district . The cost of collection sewers is ineligible for State aid . ( Description of project used in Part I, box F of Application 5700 - 32 ) lrta identified as Project Number C- 36 - 1292 - 01 - 0 , herein called the "Project, " is desirable and in the public interest , and to that end it is necessary that action preliminary to the planning, design and construction of said . Project be taken immediately; and WHEREAS , under the Federal Water Pollution Control Act , as amended , the United States of America has authorized the making of grants to aid in financing the cost of planning, design and construction of n ecessary treatment works to prevent the discharge of untreated or inadequately treated sewage or o ther waste into any waters and for the purpose of reports, plans and specifications in connection therewith; and • WHEREAS , Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the planning, design and construction of Water Quality Improvement Projects ; and ' WHEREAS , the Applicant has examined and duly considered the Water Pollution Control Act , as Amended and Chapter 659 of the Laws of 1972 of the State of New York and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith ; SOW , THEREFORE , B E IT RESOLVED B Y the Dryden Town Board ( Governing Body of Applicant) That the filing of application in the form required by the State of New York and the United States and in conformity with the Water Pollution Control Act, as amended and Chapter 659 of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications. 2 . That Supervisor Clinton E Cotterill ('Title of Applicant's designated authorized representative) is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required ; 3 . That the Applicant agrees that it will fund its portion of the cost of said Water Quality Improvement Project ; • ( 9 /82 ) Adjourned : 10 : 45PM /`, sit 9 Susanne Lloyd • Town Clerk • • • • • • • • E 4 ' T a . . • a 20 SPECIAL MEETING April 23 , 1984 Minutes of special meeting held April 23rd , at 5 : 15PM . Present : Supv Cotterill , Clm Webb and ' Clm Met tzger i • RESOLUTION # 91 CORTLAND ROAD GRANT ACCEPTANCE Clm Webb offered the following resolution and asked for its adoption : WHEREAS , at a special meeting on April 23 , 1984 the Dryden Town Board reviewed the grant offer. from USEPA for the Cortland Road Sewer Project in the amount of $ 262 , 687 . 00 received on April 16 , 1984 and WHEREAS , the offer is consistent with and based on the application for assistance by the Town and WHEREAS , as the Town Board recommends that the grant offer be accepted as submitted by USEPA NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Dryden hereby accepts the grant offer from USEPA in the amount of $262 , 687 . 00 for the construction of a gravity sewer, a submersible pump station and associated force main for the Cortland Road Sewer Project and authorize Clinton E Cotterill , Supervisor , to execute the agreement on behalf of the Town of Dryden . 2nd Cim Metzger Roll call vote . - all voting YES _ _ y. . -.. • . I -1 N • • • . I RESOLUTION # 92 SEWER # 2 GRANT ACCEPTANCE • • Clm .Metzger offered the following resolution and asked for its adoption : WHEREAS the SJS at a special meeting on April 23 , 1984 reviewed the grant offer from USEPA for Segment I in the amount of $ 13 , 497 , 576 , 00 received on April 16 ; 1984 and WHEREAS the offer is consistent with and based on the application for assistance by the parties to the Joint Sewer Agreement and WHEREAS the SJS recommends that the grant offer be -accepted as submitted by USEPA . NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Dryden hereby accepts the grant offer from USEPA in the amount of $13 , 497 . 576 . 00 for the . construction of Segment I of the Ithaca Area Waste Water Treatment Plant and authorize Donald A Kinsella , Superintendent of Public Works of - the City of Ithaca , designated recipient organization to execute the agreement on behalf of the Town of Dryden,- 2nd Clm Webb Roll call vote - all voting YES Adjourned : 525PM •• / Susanne Lloyd Town ' Cl erk - r • • •• • • • • • • Abe N i. - � .c art t'r a ; • _ f . t ' n. r ' v t . y_ Gs. f .Ni'Y '� cam' . ''.'•r i rI; • . SPECIAL HEARING April 27 , 1984 • Minutes of the special hearing held on April 27th Supv Cotterill called the meeting to order at 5 : 00PM Present : Supv Cotterill , Clm Evans , Clm Webb , Clm Metzger , Atty Perkins , Z . D . Stewart and Co Rep Watros Supv Cotterill read the notice of unsafe structure and demand to -repair or remove , and that such Notice was served upon . the persons -specified herein . QUESTIONS AND/OR COMMENTS Atty Perkins - the town has a Local Law that states that in the opinion of the • Building Inspector that a dwelling has become unsafe shall make an inspection and report to the Town Board , which he has done . The Town Board shall then adopt a resolution , which was done at the -April 10th Board meeting . Notice - shall then be served upon the record owner according to the records being maintained by the - Town Clerk and according to the records in the County Clerk ' s Office . In this case , the records in the Town Clerk ' s tax roll identify the owners of this property as Genevieve , Thomas and Henry Morse . The records in the County indicate that this parcel was conveyed to Tompkins County by a tax deed dated October 1983 . The County was notified of this meeting and service was made to the Clerk of the Board of -Representatives . Right now . the County • is the record owner or title holder• : - -- Al Morse - ' would like to see this problem straightened out . ' He lives next door and he cannot seem to get clear title to ' the property . If he could get the deed and title straightened out he is willing to 'pay the taxes ' and clear • up the property . Co Rep Watros .- since the County now owns - it , it will be easily settled at a tax sale . Whoever buys the property ' will receive a quick claim deed . To dispose of the current problem they might be able to have a special sale to dispose of this parcel with the condition that the high bidder remove or improve the dwelling . Atty Perkins - a copy of this notice was filed iri .the County Clerk ' s Office and a notation was made on the deed to the/ County , that the purchaser from the • County is aware of this proceeding that is already. in progress and be put on notice . Co Rep Watros - would- li-ke to try and - have the County Administrator advertise to sell the property immediately , so that the new owner can clean up the mess even though. . they have their tax sales in the fall . • Atty Perkins - the towns concern is to clean up the property . • It was decided that Co Rep Watros will take action with the County Administrator to conduct a sale , and if for some reason that they can :': t the county will take the responsibility to clean up the property . He will let the Board know of their decision within a week or at the Board Meeting on May 8th as to what will be done . Supt Cotterill - felt that something should be done within the next 30 days . Adjourned : •5 :, 15 PM . • • • • ...Ariot•t:S.-fl&Ly ter Susanne Lloyd / Town Clerk • f / any PUBLIC HEARING # 1 May 8 , 1984 SPECIAL PERMIT _ , Gerald Lyon Minutes of public hearing #1 7 : 30PM Supv Cotterill read the notice that was published u in the newspaper concerning the application of Gerald Lyon of 29 Mineah Rd for special permit _ to build a building at 1814 Hanshaw Rd for motorcycle , snowmobile , recreational vehicles and related sales and services . . QUESTIONS AND/OR COMMENTS Robert Keech - the efforts for a committee that the Town •Board has set up for industrial and commercial business within the Town has played an important part in Geralds decision to stay in the Town of Dryden . Closed public hearing - ' 7 : 40 PM . . PUBLIC HEARING # 2 May 8 , 1984 PROPOSED LOCAL LAW # 1 1984 Repeal Local Law #1 - 1983 Uniform Fire Prevention and Building . Code Minutes of public hearing- - # 2 7 : 45PM . Supv Cotterill read the notice that was published in the • newspaper to consider the repeal of Local Law #1 - 1983 whereby the Town of Dryden declared that it would not enforce the Uniform Fire Prevention and Building Code . The effect of the proposed local law would -be to have the Town of Dryden -enforce -the Uniform Code . QUESTIONS AND/OR COMMENTS Atty Perkins - last _year the Town Board adopted a Local Law opting out of the enforcement of the Uniform • Fire Prevention • and Building Code . It did_ so , and thereby passed the responsibility to the County . The County also opted out and passed the enforcement to the • State . The proposal now before, the ,Town Board is to repeal • the Local Law that the Town adopted in June 1983 , thereby opting back in . The Town will then assume • the responsibility -of -enforcing the code : ' Mr Kalitan - hoped the town would opt back in so that the local government would , have more control over it , instead of the State . Doug Sutton - from the homebuilders point_ of view , he would like to see the town take back the responsibility . There was some discussion Supv Cotterill wanted to know if the town appoints an inspector , who is responsible for the liability ? _ Atty Perkins - a contract with- a third party , the indepentent contractor , would contain a clause that the town would be named -insurer under a policy - of liability insurance and the carrier would require them to carry such a policy . . Otherwise_,• the, person would have to be an architect or qualified engineer . If the town appoints their own inspector as an employee , then it would be our liability rather than if we contract with someone . The reason that the Town initially opted out of enforcing the code was that there weren ' t any regulations issued by the Secretary of Sty at the end of Dec and the law was to go into . effect Jan . 1st . Closed public hearing # 2 810PM TOWN BOARD MEETING May 8 , 1984 Minutes of the meeting held on May 8th . Supv Cotterill called the meeting to order at 8 : 10PM Members and guests pax_t t pasted in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Metzger Clm Schlecht , Atty Perkins and Z . O Stewart Absent : Clm Evans Supv Cotterill appointed Clm Metzger to audit the general fund bills •