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HomeMy WebLinkAbout1987-07-14 -- , �s • • AGREEMENT FOR ENGINEERING SERVICES • fourteenth (14th) This - . AGREEMENT entered into this ' .day of July . -- . 1987 , by and between The Town of Dryden hereinafter called the CLIENT and Hunt Engineers • and Architects , P . C . hereinafter called the CONSULTANT ; W ITHNESSETHTHAT : • W HEREAS , the CLIENT desires to engage the CONSULTANT to provide professional services ; and , WHEREAS , the CLIENT finds that the proposed Scope of Services and terms of this agreement are acceptable , and • WHEREAS , the CONSULTANT desires to provide said services and agrees to do so for the compensation and upon the terms and conditions as hereinafter set forth , NOW , THEREFORE , the parties hereto do mutually agree as follows : 1 . Employment of CONSULTANT . The CLIENT hereby engages the CONSULTANT and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth . 2 . . , Scope . of Services . . The CONSULTANT shall perform , in a proper .. and professional manner , the services set forth in ATTACHMENT A , SCOPE OF SERVICES , which - attachment is by this reference ® incorporated herein . . ' 3 . Extra Services . The CONSULTANT shall provide extra services , n ot specifically called for in ATTACHMENT A , SCOPE OF ' - ' ` ' . ".''= SERVICES , '•° upon i request . or authorization of . , the - CLIENT . -' • • : : 4 . : Time of Performance . ' The CONSULTANT will commence work on or as soon as practicable after the date of execution of this • Agreement and all work as set forth in the Scope of Services : shall be completed by March 1 , 1988 , assuming the timely submission of all required data and the scheduling of all meetings and reviews by the . CLIENT . 1If . the CLIENT requests significant modifications to the Scope • : :, . of ; Services . of the project , the time of performance of the ` . CONSULTANT shall be adjusted appropriately . . 5 . Meetings .'+ . This agreement includes attendance by the CONSULTANT at four meetings to make presentations or to o therwise review the progress of the work . • All meetings shall be scheduled at mutually convenient times . The CONSULTANT shall be available to attend additional meetings over and above those set forth . Such meetings shall be considered extra services , and the CLIENT shall compensate the CONSULTANT for such extra services as set forth in ATTACHMENT B , BASIS OF COMPENSATION , which attachment is by this reference incorporated herein . 7-s Page 2 Agreement for Engineering Services 6 . Reports . The CONSULTANT shall prepare and submit to the ® CLIENT reports as called for in ATTACHMENT A , SCOPE OF SERVICES , attached hereto . " 7 . Compensation . The CONSULTANT agrees to perform the services -. provided for in the Scope of Services , and the CLIENT agrees to compensate the CONSULTANT for such services as set forth in ATTACHMENT B , BASIS OF COMPENSATION , which attachment is by this reference incorporated herein . Compensation for e xtra services , special consultants , and reimbursable - e xpenses shall also be as set forth in ATTACHMENT B , BASIS OF COMPENSATION . 8 . Personnel . The CONSULTANT represents that he has all personnel required to perform the services under this contract and that such personnel will be fully qualified to perform such services . 9 . Responsibilities of the CLIENT . It is agreed that the CLIENT w ill have the following responsibilities under this agreement : . a . The provision of all available information , data , ✓ eports , records , and maps to which the CLIENT has access and which are needed by the CONSULTANT for the . performance of the services provided for herein . b . Guarantee access to and make all provisions for e ngineer to enter upon public and private property as ✓ equired for engineer to perform his services . c . Making available the services of the CLIENT as may be n ecessary to obtain information as needed to perform ' -- the - work ' program set forth in the . Scope of Services . . ' d . The designation of a single representative who will be authorized to make necessary decisions required on behalf of the CLIENT in connection with the execution ' o f this contract and who will serve as liaison to the CONSULTANT and will serve to provide the necessary direction and coordination for the project . . e . Pay all costs incidental to obtaining bids or proposals from contractors . f . Provide such legal , accounting , independent cost . estimating , and insurance counseling services ' as may be ✓ equired for the Project and such auditing service as OWNER may require to ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract . All such CLIENT responsibilities shall be conducted in a timely manner and without undue delay so as not to delay the CONSULTANT in the performance of his services . . /54, 0 Page 3 Agreement for Engineering Services 10 . Ownership of Materials . It is agreed that . upon : receipt of . final payment , all final documents , studies ,' surveys , drawings , maps , models , photographs and reports prepared by the CONSULTANT under this contract , shall _ be considered the property of the CLIENT . Upon - completion of: the services as specified in this contract , and upon request of the CLIENT , those items which it requires shall be turned over . to it , provided that in any case the CONSULTANT may , at no additional expense to the CLIENT , make and retain such copies t hereof as he desires . - 11 . Delays Beyond the Control of the Consultant . . It is agreed that events which are beyond the control of the CONSULTANT may occur which may delay the performance of the Scope of Services of this AGREEMENT . In the event that the . performance of the Scope of Services by the CONSULTANT is d elayed beyond his control , the CONSULTANT shall notify the CLIENT of such delay and the reasons therefore , and the CLIENT shall extend the time of performance appropriately . 12 . Changes . The CLIENT or the CONSULTANT may , from time to time , during the course of this AGREEMENT , request modifications of it or changes in the Scope of Services to be performed hereunder . Such changes , including any increase or d ecrease in the amount of the CONSULTANT ' S . . compensation , which are mutually agreed upon by and between the : CLIENT and the CONSULTANT , shall be incorporated in . written . amendments - to this AGREEMENT . 13 . Termination of Contract . This AGREEMENT may be terminated by mutual agreement between the CLIENT and the CONSULTANT . In the event of such termination , all finished or unfinished documents , data , studies , surveys , drawings , maps , models , TIC photographs ; and reports prepared Thy the CONSULTANT ; ;shall •; at the option of the CLIENT , become its property . The * CONSULTANT shall be entitled to receive just and equitable compensation for work accomplished prior tor.the , termination o f this AGREEMENT . 14 . . Assignability . This AGREEMENT shall not be assigned or . transferred by either the CONSULTANT or . the . CLIENT without . . the prior written consent of the other . y. Notwithstanding the f oregoing , however , the CONSULTANT shall not be ' prohibited f rom contracting with qualified sub - consultants or from assigning to a bank , trust company or other financial =_ institution any claims for compensation .; due , -: ,or '; Ao become . due , to the CONSULTANT from the CLIENT under . this ;;`AGREEMENT , without such prior written consent . . 15 . Conflict of Interest . The CONSULTANT covenants that he presently has no interest and shall not acquire any interest which would conflict with the performance of the services ✓ equired under this AGREEMENT . 16 . Entire Agreement . This contract constitutes the entire agreement between the parties hereto and no statement , promise , condition , understanding , - inducement , or ✓ epresentation , oral or written , express or implied , which is not contained herein shall be binding or valid 15.X. Page 4 Agreement for Engineering Services . IN WITNESS WHEREOF , the CONSULTANT and the CLIENT have executed this agreement as of the date first above written and under the laws of the State of New York . CLIENT : CONSULTANT : Town of Dryden Hunt Engineers and Architects , P . C . BY : , BY : Jam s R . Gresens , P . E . Vi a President r • . . . , • Y • ID • ;. - . . /54 Page 5 . Agreement for Engineering Services ATTACHMENT A SCOPE - OF SERVICES _ _ Introduction _ • The Town of Dryden intends to construct approximately 13 , 500 linear feet of water distribution systen imcluding piping , pumps , valves , fittings , connections to existing systems , and to construct approximately 13 , 500 linear feet of wastewater collection system , including . pump stations , piping , manholes , and connections for the proposed Monkey Run Water and Sewer Districts , Town of Dryden , Tompkins County , NY . Accordingly , the Town requires engineering design and inspection services in order that the proposed project may be properly constructed and put into operation . Basic Engineering Services 1 . The ENGINEER will perform the necessary design surveys , accomplish the detailed design of the project , prepare construction drawings , specifications and contract documents , and prepare a final cost estimate based on the final design for the entire system . It is also understood that if subsurface explorations ( such • as borings , soil tests , rock soundings , and the like ) are required , the ENGINEER will furnish coordination - of said explorations without additional charge , but the costs incidental to such explorations shall be paid for by the OWNER as set out . in Attachment B . hereof . • • . . 2 . Prior to advertisement , • for .rbids ; thw ENGINEER- wi ,ll : provide ' f or each construction contract , not to exceed 10 copies of detailed drawings , specifications , and contract documents for ' use by the OWNER , appropriate Federal , State , and local agencies from whom approval of the . project must . be obtained . The cost of such drawings , specifications , and , contrat documents shall be included in the basic compensation paid to the ENGINEER . . . 3 . Property surveys , property plats , property descriptions , and abstracting and negotiations foreland rights shall be . accomplished by the OWNER , unless the OWNER . requests and the . ENGINEER agrees to provide those .. services .: ' i -.In the * . event the E NGINEER is requested to - provide -such servicesithe ENGINEER shall be additionally compensated as set out in Attachment B h ereof . • 1 . The ENGINEER will attend the bid opening and tabulate the bid proposals , make an analysis of the bids , and make recommendations for awarding contracts for construction . 7s Page 6 Agreement for Engineering Services Construction Administration / Inspection Services 1 . . The ENGINEER will - review and approve , for conformance with the design :: concept , any necessary shop and working drawings furnished by °contractors . 1 - 2 . The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the . contractors . The ENGINEER will not , however , guarantee the performance by any contractor . 3 . . The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents . The ENGINEER w ill be additionally compensated for this work as set out in Attachment B , Additional Services hereof . 41 . The ENGINEER will provide general engineering review of the w ork of the contractors as construction progresses to ascertain that the contractor is conforming with the design concept . 5 . Unless notified by the Owner in writing that the OWNER will provide for resident construction inspection , the ENGINEER w ill provide resident construction inspection . The ENGINEER ' S undertaking hereunder shall not relieve the contractor of contractor ' s obligation to perform the work in conformity with the drawings and specifications and in a • workmanlike manner ; " shall , not . make the ENGINEER an insurer of the contractor ' s performance ; : and shall not impose upon the ENGINEER any obligation to see that the work is performed in asafe . manner . , 6 . The ENGINEER will ' treview . .the contractor ' s applications for progress and ' final ' payment and , when approved , submit same to the OWNER for payment .: ` 7 . The ENGINEER will prepare necessary contract change orders for approval . of • the OWNER and others on a timely basis . z, k.4 1C.Ok 8 . The ENGINEER will make "- ' s final review prior to the issuance o f the statement ' of substantial completion of all construction and . submit .' a written report to the OWNER . 7S 9 P age 7 Agreement for Engineering Services ATTACHMENT- - B =` BASIS OF COMPENSATION 1 . The OWNER shall compensate the ENGINEER for Design Services in the sum of Eighty- Six Thousand , Six Hundred Dollars ( $ 86 , 600 . 00 ) . 2 . Disbursements P roject - related disbursements are not included in the fees in 1 above and will be billed as they are incurred as follows : P rints $ 1 . 00 P hoto Copies . 10 Mileage $ . 23 O ther disbursements such as photographs , postage , telephone , e tc . will be billed at cost . 3 . Times of Payment E NGINEER shall submit monthly statements ' for Basic Services ✓ endered and for disbursements incurred . : OWNER shall make prompt monthly payments ( within 30 days ) in response to . E NGINEER ' S monthly statements , unless otherwise herein provided . Payments not made within 30 days of the invoice • date shall be subject to interest charges of 1 - 1 / 2 percent per month . Compensation for Contract . Administration / Inspection Services W hen the ENGINEER provides resident .construction inspection , the E NGINEER will , prior to the preconstruction conference , submit a ✓ esume of the resident construction inspector ' s qualifications and anticipated duties and responsibilities . for approval by the O WNER . The ENGINEER will render to . the ' OWNER : for such services , an itemized bill , once each month , . for compensation for such services performed hereunder during . such - period ; ithe . same to be . due and payable by the OWNER to : the . ENGINEER ' on or before the 10th day of the following period . : :- : Barring . unforeseen circumstances , and for the proposed construction ,' period : of - 150 days , the cost of ✓ esident construction inspection . jshduld ; not _ exceed Sixty- Four Thousand , Four Hundred ` Dollars ' - ( $ 64., .400 . 00 ) . . The resident construction inspector shall maintain a daily diary to record all activities related to the project . . Daily reports are to be prepared by the resident construction inspector and the o riginals are to be submitted to the OWNER at . intervals not e xceeding one week . 5" Page 8 Agreement for Engineering - Services • Additional Engineering Services In addition to the foregoing beinnerformed , the following services may be provided UPON AUTHORIZATION OF THE OWNER . 1 . Site surveys for water pumping stations , sewage pumping stations , reservoirs , and other similar special surveys as may be required . . ( Estimated Cost $ 1 , 600 . 00 ) . 2 . Laboratory tests , well tests , borings , specialized geological , soils , hydraulic , or other studies recommended by the ENGINEER . ( Estimated Cost $ 10 , 000 . 00 ). 3 . Property surveys , detailed description of sites , maps , drawings , or estimates related thereto ; assistance in n egotiating for land and easement rights . ( Estimated Cost $ 4 , 500 . 00 ) . . 4 . Redesigns ordered by the OWNER after final plans have been accepted by the OWNER , except redesigns to reduce the project cost to within the funds available . ( Cost to be negotiated depending on scope . ) . 5 . Appearances before courts or boards on matters of litigation o r hearings related to the project . ( Costs will be on an hourly basis for required personnel . ) 6 . Preparation of detailed environmental impact assessments or e nvironmental impact statements . ( Estimated Cost $ 2 , 500 . 00 ) . 7 . Performance of detailed staking necessary for construction : of the project . ( Estimated Cost $ 7 , 500 . 00 ) . ' ` , , 8 . The ENGINEER further agrees to provide the operation and maintenance manual for facilities , when required , for ( $ 6 , 600 . 00 ) . • The ENGINEER will render to the OWNER for such services an itemized bill , separate from any other billing , once each month , for compensation for services performed hereunder . ' during such period , the same to be due and payable by , the OWNER to the ENGINEER on or before the 10th " day :' of the following period . 411 • 76 Gina Prentiss , President of the Board of Historic Ithaca , wanted to u pdate the Town of Dryden as to how Historic Ithaca has any connection at all with the town and to introduce our organization and to ask for the towns support in the form of a letter . Gina gave the Board members some literature . Historic Ithaca is not only o perating on the preservation organization in Ithaca but in the o utside communities . They receive funding from New York State h ousing and rehabilitation and that is through our rural preservation company . They are now working on vacant and d eteriorating housing survey in four towns and Dryden is one of them . The survey will provide them with information , as to whether o r not there are buildings able to be renovated and sold to moderate income families . Their goal is to improve 12 occupied h omes and to renovate for resale 4 vacant houses . Historic Ithaca h as been operating for 20 years as a preservation organization . In o rder for them to continue their housing survey they do need a letter of support from the town . Corrine Little presented petitions to the Town Board from the D ryden Mobile Home Assoc . J ane Wright , 2210 Dryden Rd . - she was present at the ZBOA meeting h eld July 7th and through the combination of vacations and other problems she has not been able to get the information that she was interested in . To be specific there was a variance granted that she f elt strongly was a conflict of interest . The only information obtainable to her was sitting in on the ZBOA meeting and what was ✓ erbally issued , and she has not been able to get a copy of the minutes or the petitions involved . Her understanding was that there was a moratorium on mobile homes and this was the variance t hat was granted . The land was purchased and the mobile home brought in after the moratorium was in effect and the argument that w as presented in favor of this to her was very weak . She wanted to know what was available to her as a citizen . She is very interested because she feels the this a very strange presentiment , that maybe w ithin 10 days or 2 weeks of lifting a moratorium on mobile homes advance granting a permit to a person who didn ' t previously live on t he land . The only grounds that they brought up was that if they d idn ' t allow him to buy this land and move in he would have f inancial problems . If you are going to have zoning then in should be uniformly applied . She wanted to know the procedure whereby she can request the board to review to decision made by the ZBOA on t his variance that was granted . S upv Cotterill - they are a board defined by State law , but the Town Board appoints the members and that is this boards limit . Atty Perkins - the Town Board has no authority over a decision made by the ZBOA . It would have to be taken to Supreme Court . S upv Cotterill - an individual can take legal action if they feel t hat it was not a proper decision , but this board can ' t do it . 77 J eff Jesmer , 1890 Dryden Rd - wanted to know when the moratorium I would be lifted on mobile homes . He talked to Henry Slater in April t o see if he could go ahead and get the Health Dept approval and start to get the well dug , so he would be ready when the moratorium w as lifted . He was told that it should be lifted by June or July . S o now he has a mobile home sitting on a lot that he can ' t use . S upv Cotterill - whatever you are doing you are doing on your own intuition . He hoped the Zoning Officer would not give anyone a d ate , because the Town Board has to make the decision and then t here is a certain procedure that has to be followed before the o rdinance can be changed . There is a minimum time required and the procedure has not even been started yet . He hopes no one gives you a date because he would not even guess as to a definite time . There h as been a committee studying mobile homes and the Town Board has t o receive report from them first . B arbara Caldwell , Chairperson for Planning Board - the Planning B oard has been working on making some recommendations . They would like to make some now at this time . For now they have used the current zoning categories as the base , and are making some suggestions on those deleting one category and implementing another and they also have some suggesting mapping . The following are ✓ ecommendations 1 - in the RB and RB1 zones deletion of multifamily d wellings ; 2 - deletion of the CA zone and the are area which is currently CA be changed to RC ; 3 - primary change would be a 411 proposed RA zone , allowed uses would be one family dwellings , accessory apartments , farms , gardens , and appropriate farm buildings , non profit recreation facilities , or parks , timbering by special approved forestry practices . Minimum lot size would be 5 acres , minimum road frontage would be 200 feet , front setback would be 70 feet , minimum side and rear setback would be 75 feet . Runoff d uring and after construction would be 0 percent increase from prior to construction , maximum lot coverage by building structures , d riveways , parking lots , impermeable surfaces , etc 5 percent and by special permit this could go to 10 percent coverage . They have also made a draft of changes on the zoning map . The Planning Board w ould like to see some direction from the Town Board before they do any further work on what they have accomplished so far . S upv Cotterill - they will set up a meeting to go over their ✓ ecommendations . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Webb would like to see that a light is installed near the McLean school RESOLUTION # 105 REQUEST LIGHT NEAR MCLEAN SCHOOL Clm Evans offered the following resolution and asked for its adoption : • RESOLVED , that this Town Board request the County install a light n ear the McLean school . 2nd Clm Webb Roll call vote - all voting Yes • 1 7g-A- > � ° 20127 - 307P At a regular meeting of the Town Board of the Town of Dryden , Tompkins ', County , New York , held at 65 East Main Street , in Dryden , New York , in said Town , on July 14 , 1987 , at 7 : 30 o ' clock P . M . , Prevailing Time . PRESENT : Clinton E . Cotterill Supervisor Charles Evans • Councilman . George Schlecht Councilman Karl Garlock Councilman Merton Webb Councilman In the Matter ) of ) The establishment of a proposed ) W ater District in the Town of Dryden , ) Tompkins County , New York , to be ) known as the Monkey Run ) W ater District ( 2 ) , of the Town of ) D ryden , Tompkins County , New York ) • WHEREAS , the Town Board of the Town of4Dryden , Tompkins County , ---New- York , has heretofore duly caused a map , plan and report to be prepared by a competent engineer , duly licensed by the State of New York , which have been filed in the office of the Town Clerk of said Town in relation to the establishment of a new water district , to be known as the Monkey Run Water District ( 2 ) , and the purchase and installation of approximately 13 , 000 linear feet of 12 inch water main , together with pump stations , gate valves , necessary 411 appurtenances and land and rights in land ; and 9g-6 • .. WHEREAS , an order was duly adopted by said Town Board on October 28 , 1986 , reciting a description of the boundaries of said proposed Monkey Run Water District ( 2 ) , the improvement proposed therefor , the maximum amount proposed to be expended for said improvement , the proposed method of financing to be employed , the fact that said map , plan and report were on file in the Town Clerk ' s office for public inspection , and specifying the 19th day of November 1986 , at 7 : 00 o ' clock P . M . , Prevailing Time , at the Town Hall , 65 East Main Street , in Dryden , New York , in said Town , as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same ; WHEREAS , such order was duly published and posted in the manner and within the time prescribed by Section 209 - d of the Town Law and • proof of such publication and posting has been duly presented to said Town Board ; WHEREAS , said public hearing was duly held at the time and place set forth in said order , as aforesaid , at which time all persons desiring to be heard were duly heard ; WHEREAS , said Town Board thereafter determined that it was in the public interest to decrease the boundaries of said Monkey Run Water District ( 2 ) , and , by Order dated November 26 , 1986 , said Town Board called a new public hearing to consider said map , plan and report , the establishment of said proposed water district with • - 2 - boundaries decreased from that previously proposed , reciting a description of such new boundaries of said proposed water district , the improvements proposed , the maximum amount proposed to be expended for said improvements , the proposed method of financing to be employed , the fact that said map , plan and report were on file in the Town Clerk ' s office for public inspection and specifying the 9th day of December , 1986 , at 7 : 30 o ' clock P . M . , Prevailing Time , at the Town Hall , 65 East Main Street , Dryden , New York , for the purpose of holding a new public hearing to consider the establishment of such proposed water district of said Town as described in the preambles hereof , and to hear all persons interested in the subject thereof concerning the same ; and WHEREAS , said order was duly published and posted in the manner and within the time prescribedby Section 209 -d of the Town Law , and proof of publication and posting has been duly presented to said Town Board ; and WHEREAS , said public hearing was duly held at the time and place in said order as aforesaid , at which all persons desiring to be heard were duly heard ; and WHEREAS , following said public hearing and based upon the evidence given thereat , said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section 209 - e of the Town Law ; and • . its - 3 - • WHEREAS , on January 2 , 1987 , said Town Board adopted a resolution approving the establishment of the Monkey Run Water D istrict ( 2 ) and approving the construction of improvements proposed t herefor , pursuant to subdivision 3 of Section 209 - e of the Town L aw ; and WHEREAS , such resolution was subject to permissive referendum ; and WHEREAS , through inadvertence , the Ithaca Journal published the n otice of adoption and provided that the maximum estimated cost of the improvements for the Monkey Run Water District ( 2 ) was $ 68 , 000 ✓ ather than $ 680 , 000 , thereby casting into doubt the validity of such January 2 , 1987 resolution ; and WHEREAS , on February 19 , 1987 , said Town Board readopted such ✓ esolution ; and WHEREAS , notice of the adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law , and proof of said publication and posting has been duly presented to this Town Board ; WHEREAS , the period of time for the submission and filing of a petition against said resolution and requesting a referendum in connection therewith elapsed without such a petition being submitted and filed ; and WHEREAS , in response to an application duly made pursuant to 7c -f - 4 - subdivision 3 of Section 209 - f of the To Law , the State Comptroller has duly made an order , in duplicate , dated June 22 , 1987 , granting permission for the establishment of said Monkey Run Water District ( 2 ) , one copy of which has been filed in the office of the Town Clerk and which has been submitted to said Town Board ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : Section 1 . The Monkey Run Water District ( 2 ) , in the Town of Dryden , Tompkins County , New York , in accordance with the aforesaid order of the State Comptroller , is hereby established , to be bounded and described as follows : 7�- '7 • ALL THAT TRACT CR PARCEL OF s.ANO situate in the ^:' own, cf iiry2e - , County c _ - _ .;, . tins and State of New York , be - . . 2led J ana A' eS • ribe 'd as _ _ _ cows : EE •J : NN . NJ at 3 ; .r - . . _ - n the centerline of New York State ?. _ ate : 3 , sa - t ' c - . . - or = Lace = f beginning being located at _ ` e intersects :__ • • of said centerline with the east line cf ; : e- LS =_ s . . c • cr : = _ -" e _ _ _ _ New York State Electric and Gas Dcr ,t ^ ration eX _ ° '. ? _ in a " Or ! e : . , _ : Action to form S '_ _ . . L - _ = = - - - - ' salt - , _ - York S • 3t ? - _ e : trio and Gas _ - -\-. - 3 - Lon ^ _ e - - being . a ? - ti ' ied as Town of Dryden Tax • . . - = = r - - - _ = - - - - , - rocee = i .. g - -, e -. _ e and along t -, = _ _ - : - _ - : - - - - ' : - . Yore. = rate Rona L3 in a sc :: _ `; eas _ er : : a " J : . . ? - = - - J - - ' to a bG _ _ in Said - - .. . - 2r . _ . . e here _ - e =_ a - _ is inteosectea tr t `. e centerline of Ea :: = - aw Read ; this point being in the common division line between Military 41 c :: the West and Mil ita - ` :cot 42 on the East ) ; proceeding thence south along said common division line between the Military Lots and the centerline of Hanshaw Rcad • For a distance of 1 , 260 .feet + i - to a point in the - e - _ er l . - e c _ - a - s - : Road at the - . . w st ac - ne : cr r: re-. ises rep .: te = _ y of Spinella t43 - 2 - 4 ; ; proceeding thence east and along the north line of said Spinet - a pre4ises for a distance of 24C feet to the northeast corner of said • Spinella ; remises ; proceeding thence south for a distance of • • • 350 feet +/ - to a point in the eat line of premises • reputedly of Railburn ( 43 - 2 - 6 ) and at the northwest corner o f premises reputedly of Grant ( 43 - 2 - 3 ) ; proceeding thence e ast and along the north line of said Grant premises for a distance of 135 .feet . • ,% - • proceeding thence south and along the east line of said ; rant premises for a distance of 25 feet + ,% - ; proceeding thence east for a distance of 1 , 15 : feet + ;' - to the _ . . east corer of premises reputedly cf ,, .. : * n ( 42 - _ - 35 . : ) ; pr oce _ i _ ng *_ hence south for it distance cf 240 feet + / - to a point in the centerline of Lower Creek Road ; pr - ° ° d : - g _ : . _ . ice west and along said centerline of Lower ' reek Rtad for a stanc � _ • �- e of 25 feet + / - to the " north = ' ter of ; remises of Hayes ( 53 - 1 - 15 ) ; proceeding *_ hence scut - along said east line of said Hayes for a • distance of 2 .) j fee = • - to t 'ie southeast corner thereof ; : - : geed : - _ thence generally ally sc : t - easterly for a distance of - - to - - ., _ . . , e3s _ - - - ter of premises now : : former ' Kell: - - ( 53 - 1 - 19 ) ; proceeding thence south and along the ease: line of said Kellogg for a distance of 775 feet • . I - to a point in the centerline of New York State Route 366 ; proceeding thence generally northeasterly and along said centerline for a distance of 2 , 110 feet + / - to a , point opposite the northwest corner of premises now or formerly cf Challenge Industries , Inc . ( 52 - 1 - 14 ) ; p oceedin ; thence southeasterly to said northwest corner and continuing • southeasterly along the west line of said : ha : lenge Industries , Inc , to t `. e southwest corner thereof ; proceeding • thence generally easterly for a distance _ of 192 feet + / - to �. .. . , ij . RAH a point in the west line of premises of Mew York state Electric and Gas Corporation ( 52 - 1 - 13 ) ; proceeding thence • south and along the west line of liew York State Electric and Gas Corporation for a distance of 798 feet + / - to the southwest corner thereof ; proceeding thence easterly and along the south line of New York State Electric and Gas Corporation for a distance of 1 , 230 feet to the southeast corner thereof ; proceeding thence north and along the east line cf New Ycrc State Electric and Gas Corporation for a distance cf 1 , 2 : 3 feet to a point ; proceeding thence west for a distance of 1 : 0 feet -+ t / to a point ; proceeding thence ricrth and alcng tne eas t line of said New York State r _ e : tric an ± X37 ' = c _ on - r3 = _ ter a distance of 750 feet + ! - to the point r � place cf Oeq : an : :: y . • • • • • 7f TOWN BOARD MEETING eJuly 14 , 1987 Supv Cotterill called the meeting to order at 7 : 30 PM Members and quests participated in the Pledge of Allegiance Roll call was by the Town Clerk : P resent : Supv Cotterill , Clm Evans , Clm Webb , Clm Garlock , Clm S chlecht , and Atty Perkins Absent : Z . O . Slater APPROVAL OF THE MINUTES Motion was made by Clm Evans and seconded by Clm Webb that the minutes of the board meeting held June 9th be approved as submitted . CITIZEN PRIVILEGE OF THE FLOOR Atty Perkins reported that since their last meeting the State Comptroller has issued an order approving the formation of the Monkey Run Water and Sewer Dist . He has asked Jim Greshen from Hunt E ngineers to present to the committee a proposal for the e ngineering design and construction phase for both the water and sewer districts . They have been gone over by the committee and e verything seems to be in order , unless there are some questions t hat someone might have . Jim thought that when the authorization h as been approved they would begin the survey work right away which w ill take approximately one and a half months to get the survey and mapping done . They would try and get the submission in for review around the end of this year . They would be looking at construction around the early part of 1988 . RESOLUTION # 104 AGREEMENT WITH HUNT ENGINEERS Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board retain Hunt Engineers to design a map , plan and report for Monkey Run Water and Sewer District and to provide basic engineering services , and to authorize the Supervisor t o sign the agreement. for engineering services . 2nd Clm Garlock Roll call vote - all voting Yes Ann Jones , Vice Chairperson of Arts & Council of Tompkins County . S he handed out booklets concerning the council to the Board members . The Arts Council would like the Town of Dryden to consider as you plan your 1988 budget , making a dollar contribution to their o peration of the council . The Town of Dryden has in the past d ecentralization money through the arts council and they would like t o encourage the town to continue to do that . They have arranged a schedule whereby there are workshops for groups in the community t hat are interested can participate . They will send a letter with t heir operating budget and more information concerning the o rganizations that receive funds . 7?-7- tl ALSO ALL THAT OTHER TRACT OR ',ARM OF LAND situate in the Town of Dryden , County of Tompkins and State of New York , bounded and described as follows : BEGINNING at a point in the centerline of Monkey Run Road , said point cr plate of beginning being located at the intersection of said centerline with the south line of - the right cf way line of dine former Lehigh Valley Railroad property ; proceeding : hence north and along said centerline cf Monkey Run Read for a distance of approximately 153 feet to a point in said centerline and ;narking the northeast corner of Tax Map ? arc _ _ 55 - 1 - 1 ; proceeding thence westerly and along the north � e o . said Tax Map Parcel for a distance of a ? pr : x . - ateiy 833 feet + • - to the northwest S : na3r _ hereof ; ^ r -. _ _ ' : : ng then or ce north� and along the auto ^ Linea Cle _ Seon u . , : _ a . - tot 52 on the east- And Military�'! : - i '•. Lot 51 cn the west for 3 distance cf appr _ X _ rn3t ° ly 5 .3 fee _ to a corner of premises new or formerly of Cornell University ( 53 - 1 - 9 . 2 ) ; proceeding thence west ; northwest ; northeast and westerly along the boundaries of said Tax Map Parcel 53 - 1 - 9 . 2 to the west line thereof ; proceeding thence south ; southeast - and so :: thwesterly to the line of Town of - Dryden Water Distrizt No . 1 and to a point marking _ .`. e s34thernmcst corner cf lands of Cornell University ( 53 - 1 = 8 ) ; proceeding thence easterly , southwesterly and southeasterly : and along the line of Town of Dryden Sewer District # 2 - and Town of Dryden water District to a point in the northwest • . 7(1 • live of Yew York State Bouts 316 ; proceeding thence northeasterly and along said northwest liAe of New York State Routs 366 to a point of intersection of said north line and the northwest Soundary of lands formerly of Lehigh !f . Valley Railroad ( and along the lines of Town of Dryden water 1 District $ 1 and Town of Dryden D Y Sewer District $ 2 ) ; proceeding thence generally northeasterly and along the northwest line of New York State Route 366 for a distance of 125 feet + / - to a point where the northeast line of lands formerly : f the _ ly e -. ehign ?alley Railroad intersect the n orthwest line of New York State Route 366 ; proceeding t hence easterly and northeasterly and along the south and southeasterly lines cf lands formerly of the Lehigh Valle .r. Railroad o to the pent or place of beginning . III wherever re ° - _ . _ e . is made to a Town of Dryden Tax Map V3 - _ e - , said parzel : moe : a s taken from the Tax Maps _ 3s _- ✓ evLsed !'.arc :; l : 996 and information pertaining to the ✓ eputed owners cf parcels was taken from the 1986 Final Assessment Roll for the :own of Dryden . - 5 - • Section 2 . The purchase and installation of approximately 13 , 000 yr feet of 12 inch water main , together with pump stations , gate valves necessary appurtenances and land and rights in land , substantially in accordance with the aforesaid map , plan and report , is hereby authorized and approved . The maximum amount to be expended for said purchase and installation shall not exceed $ 680 , 000 . The cost of said improvement shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years , payable in the first instance from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , in an amount sufficient to pay the principal and interest on said bonds as the same become due , but if not paid from such source , all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 3 . The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Tompkins County , New York , within ten days I - 6 - , after the adoption of this order by this Town Board and to file a f ( : certified copy thereof within that time in the office of the State Department of Audit and Control , in Albany , New York , both pursuant to subdivision 1 of Section 209 -g of the Town Law . Section 4 . This order shall take effect immediately . • 7g- 11 The question of the adoption of the foregoing order was duly put Ito a vote on roll call , which resulted as follows : f Clinton E . Cotterill , VOTING yes Charles Evans VOTING yes George Schlecht VOTING yes Karl Garlock VOTING yes Merton Webb VOTING yes The order was thereupon declared duly adopted . • . 16 , 42ATE OF NEW YORK ) ) ss . : ( . . , COUNTY OF TOMPKINS ) I , the undersigned Clerk of the Town of Dryden , Tompkins County , "`HA New York , DO HEREBY CERTIFY : r . That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town , including the order contained therein , held on July 14 , 1987 , with the original thereof on file in my office , and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to . I FURTHER CERTIFY that all members of said Board had due notice of said meeting , and that , pursuant to Section 103 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the general public , and that I duly caused a public notice of the time • and place of said meeting to be given to the following newspapers and/ or other news media as follows : • • I . 1 ' ti s" 4 r Awspaper and /or other news media Date given o The Ithaca Journal January 5 , 1987 �' ^ 123 W . State St . Ithaca , New York 14850 f and that further duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location ( s ) on the following dates : Designated Location ( s ) of posted notice Date of Posting Town of Dryden Town Hall July 9 , 1987 Vestibule 65 E . Main St . Dryden , New York 13053 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town on July 21 , 1987 . • Town C1 I ( CORPORATE_ SEAL ) I • d nxY }w ' — 4a �f a .lkkki r ;V-41 .444S--t 4 !{ G- i7 l i tf.+^I-1 Y•3.y J s}C„ r Y J j c A rti+. sU � .•'i. " • Yr ,n y A f' � "' 9 h k k < .e- n•• r Y' •' Ar r <{ I s « t 4 .. . T:t di t S+ ^w ♦ t Se■y le e 1 . 6 t" TOWN OF DRYDEN , DRYDE1N11 NEW YORK • In the Haut the Finder Lakes Region r i K. t. x; STATE OF NEW YORK ) --: COUNTY OF TOMPKINS ) ss . : ` TOWN OF DRYDEN ) E z a. I , Susanne Lloyd , duly elected Town Clerk of the Town of Dryden , Tompkins • County , New York , DO HEREBY CERTIFY : That I have compared the foregoing final order with the original thereof filed in my office , and that the foregoing is a true and exact copy of said original and of . the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden this 21st day of July 1987 . L ;; ,� , i .. ,- . Susanne Lloyd :, Town Clerk v 41.I ' - - . . - . . .. `IS 4 • 20127 - 307P At a regular meeting of the Town Board of the Town of Dryden , Tompkins County , New York , held at65 E . Main St . , in Dryden , New York , in said Town , on July 14 , 1987 , at 7 : 30 o ' clock p . M . , Prevailing Time . The meeting was called to order by Supervisor Cotterill g y and upon roll being called , the following were PRESENT : Clinton E . Cotterill Charles Evans George Schlecht Karl Garlock Merton Webb • ABSENT : None The following resolution was offered by Councilman Schlecht who moved its adoption , seconded by Councilman Garlock to -wit : l . I • 4 BOND RESOLUTION DATED JULY 14 , 1987 . • A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF APPROXIMATELY 13 , 000 LINEAR FEET OF 12 INCH WATER MAIN , TOGETHER WITH PUMP STATIONS , GATE VALVES , NECESSARY APPURTENANCES AND LAND AND RIGHTS IN LAND IN AND FOR THE MONKEY RUN WATER DISTRICT ( 2 ) OF THE TOWN OF DRYDEN , TOMPKINS COUNTY , NEW YORK , AT A MAXIMUM ESTIMATED COST OF $ 680 , 000 , AND AUTHORIZING THE ISSUANCE OF $ 680 , 000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF . WHEREAS , pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 - A of the Town Law , and more particularly an order dated July 14 , 1987 , the Town Board of the Town of Dryden , Tompkins County , New York , has established the Monkey Run Water District ( 2 ) of the Town of Dryden ; WHEREAS , . it is now desired to authorize the purchase and installation of approximately 13 , 000 linear feet of 12 inch water main , together with pump stations , gate valves , necessary • appurtenances and land and rights in land , for said Monkey Run Water District ( 2 ) , as more fully set forth in said order establishing said Monkey Run Water District ( 2 ) , and to provide for the financing thereof ; and WHEREAS , all conditions precedent to the financing of the capital project hereinafter described , including compliance with the provisions of the State Environmental Quait. ty Review Act , have been performed ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : i . _ T . . .. . .. . . - .. • » - 2 - Section 1 . The purchase and installation of approximately 13 , 000 linear feet of 12 inch water main , together with pump stations , gate valves , necessary appurtenances and land and rights in land , for the Monkey Run Water District ( 2 ) of the Town of Dryden , Tompkins County , New York , as more fully described in the aforesaid proceedings , at a maximum estimated cost of $ 680 , 000 is hereby authorized . Section 2 . The plan for the financing of the aforesaid specific object or purpose is by the issuance of $ 680 , 000 serial bonds of said Town hereby authorized to be issued pursuant to the provisions of the Local Finance Law . Further details pertaining to said bonds will be prescribed in a further resolution or resolutions of this Town Board . Section 3 . It is hereby determined that the period of probable • usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law . It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years . Section 4 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . Such notes shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said Supervisor , consistent with the • provisions of the Local Finance Law . Section 5 . The faith and credit of said Town of Dryden , Tompkins. 7P- A9 - 3 - • County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively • become due and payable . There shall be annually assessed upon and collected from the several lots and parcels of land within said Monkey Run Water District ( 2 ) deemed benefited by the improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , an amount sufficient to pay the principal and interest on said bonds as the same become due , but if not paid from such source , all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall • become due . Section 6 . The validity of such bonds and bond anticipation notes may be contested only if : 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or 2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of such publication , or 3 ) Such obligations are authorized in violation of the provisions of the Constitution . • • . i y .. - \ . _ -. . - A . . ; 7I- E • _ 4 _ • Section 7 . This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal, the official newspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . • • rr y ;. - • • { •'' i.. a.- ,u . .,.Y xZ. . .'ar.. L '}n;... a. : _ i ' 3 . . . ra+?st. • `'""5'sJ's�r' S �rT.R ivi�r�+4' + f rs • 77 -1 The question of the adoption of the foregoing resolution was • duly put to a vote on roll call , which resulted as follows : Clinton E . Cotterill VOTING yes Charles Evans VOTING yes George Schlecht VOTING yes Karl Garlock VOTING yes Merton Webb VOTING yes The resolution was thereupon declared duly adopted . * * * * * * _� - _ _ - - . .> - - . - .. t , .:.,-. _ - > 1. • A 3 . * STATE OF NEW YORK ) • ) ss : COUNTY OF TOMPKINS ) I , the undersigned Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town , including the resolution contained therein , held on July 14 , 1987 , with the original thereof on file in my office , and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to . I FURTHER CERTIFY that all members of said Board. had due notice of said meeting . I FURTHER CERTIFY that , pursuant to Section 103 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the general public . I FURTHER CERTIFY that , PRIOR to the time of said meeting , I duly caused a public notice of the time and place of said meeting to be . given to the following newspapers and / or other news media as follows : .. - . .. . - - _ . . . . .. . - .. 4 SLpSLpSLp"' ti , *tews aper and / or other news media Date given • The Ithaca Journal January 5 , 1987 123 W . State St . Ithaca , NY 14850 P r I FURTHER CERTIFY that PRIOR to the time of said meeting , I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location ( s ) on the following dates : Designated Location ( s ) of posted notice Date of Posting • Town of Dryden Town Hall July 9 , 1987 Vestibule 65 E . Main St . Dryden , NY 13053 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town on July 21 , 1986 . or Town C e ( CORPORATE SEAL ) • • ss # 4 . . .. . . .- _ . - • • ' TOWN OF DRYDEN • DRYDEN, NEW YORK • In the Hairt of the Finger Laker Region _ S STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss . : TOWN OF DRYDEN ) I , Susanne Lloyd , duly elected Town Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the foregoing bond resolution with the original thereof filed in my office , and that the foregoing is a true and exact copy of said original and of the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden this 21st day of July 1987 / ! r ® .r � � � ' Susanne Lloyd Town Clerk (. I • • • i . . . . 20127 -307P t $ : griiar satin ®f : s p • Board of the To of Dryden , `Totpkins c • - County , New York , held at 65 East Main Street , in Dryden , New York , in said Town , on July 140 1987 , at 7 : 30 o ' clock P . M . , Prevailing Time . PRESENT : Clinton E . Cotterill Supervisor Charles Evans ' • Councilman George Schlecht . Councilman Karl Garlock Councilman . Merton Webb Councilman In the Matter ' ) of The ) The establishment of a proposed ) Sewer District in the Town of Dryden , ) Tompkins County , New York , to be ) known as the Monkey Run Sewer ) District ( 4 ) , of the To of Dryden , ) Tompkins County , New York ) WHEREAS , the Town Board of the Town of Dryden , Tompkins County , New York , has heretofore duly caused a map , plan and report to be prepared by a competent engineer , duly licensed by the State of New York , which have been filed in the office of the Town Clerk of said Town in relation to the establishment of a new sewer district , to be known as the Monkey Run Sewer District ( 4 ) , and the purchase and installation of approximately 13 , 000 linear feet of 8 inch sewer main , together with pump stations , gate valves , necessary • appurtenances and land and rights in land ; and $o- e• WHEREAS , an order was duly adopted by said Town Board on October 28 , 1986 , reciting a description of the boundaries of said proposed 1k410 Monkey Run Sewer District ( 4 ) , the improvement proposed therefor , the maximum amount proposed to be expended for said improvement , the proposed method of financing to be employed , the fact that said map , plan and report were on file in the Town Clerk ' s office for public inspection , and specifying the 19th day of November 1986 , at 7 : 15 o ' clock P . M . , Prevailing Time , at the Town Hall , 65 East Main Street in Dryden , New York , in said Town , as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same ; WHEREAS , such order was duly published and posted in the manner and within the time prescribed by Section 209 - d of the Town Law and r proof of such publication and posting has been duly presented to said Town Board ; WHEREAS , said public hearing was duly held at the time and place set forth in said order , as aforesaid , at which time all persons desiring to be heard were duly heard ; WHEREAS , said Town Board thereafter determined that it was in the public interest to decrease the boundaries of said proposed sewer district , and , by Order dated November 26 , 1986 , said Town Board called a new public hearing to consider said map , plan and report , the establishment of said proposed sewer district with .Y A px t � r i ; .r t •-• r Y ? ; • r .i .» r -• w . . .. • Veo - 2 - 1 boundaries decreased from that previously proposed , reciting a description of such new boundaries of said proposed sewer district , the improvements proposed , the maximum amount proposed to be expended for said improvements , the proposed method of financing to be employed , the fact thtt said map , plan and report were on file in the Town Clerk ' s office for public inspection and specifying the 9th day of December , 1986 , at 7 : 15 o ' clock P . M . , Prevailing Time , at the Town Hall , 65 East Main Street , Dryden , New York , for the purpose of holding a new public hearing to consider the establishment of such proposed sewer district of said Town as described in the preambles hereof , and to hear all persons interested in the subject thereof concerning the same ; and WHEREAS , said order was duly published and posted in the manner and within the time prescribed by Section 209 -d of the Town Law , and proof of publication and posting has been duly presented to said Town Board ; and WHEREAS , said public hearing was duly held at the time and place in said order as aforesaid , at which all persons desiring to be heard were duly heard ; and WHEREAS , following said public hearing , and based upon the evidence given thereat , said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section 209 -e of the Town Law and approving the establishment of said Monkey Run Sewer District ( 4 ) , such order being adopted subject to permissive referendum ; • •tss " t . r $ t a w _ 1 Y ♦ .Y v i1U . " '" - : b 1 R f I i...�. ♦ , },ch y Zi‘ 11,41:1; « S i■. 9 "i F {4 �f J $ i4 "1 `■ CI k7714'1 .r "sY-� M.�3 t 7.4: ;'_ t g?< A4A� � a nax .tKr. i. : K. C, s Srxr-T4 A WHEREAS , notice of the adoption of said resolution was duly published and - posted in the manner provided by applicable provisions • of the Town Law , and proof of said publication and posting has been duly presented to this Town Board ; WHEREAS , the period of time for the submission and filing of a petition against said resolution and requesting a referendum in connection therewith elapsed without such a petition being submitted and filed ; and WHEREAS , in response to an application duly made pursuant to subdivision 3 of Section 209 - f of the Town Law , the State Comptroller has duly made an order , in duplicate , dated June 22 , 1987 , granting permission for the establishment of said Monkey Run Sewer District ( 4 ) , one copy of which has been filed in the office of the Town Clerk and which has been submitted to said Town Board ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : Section 1 . The Monkey Run Sewer District ( 4 ) , in the Town of Dryden , Tompkins County , New York , in accordance with the aforesaid order of the State Comptroller , is hereby established , to be bounded and described as follows : • rz r , Al 'v' Y` 7 Ts : I-41 ; k �u �.. ..a�tii n-Lag b r ttrae . * .c.:,`� ° „? c !} w� P � M1 L f- T i . ,E • l ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden , County of Tompkins and State of New York , boundA_ 3 and described as follows : BEGINNING at a point in the centerline of New York State Route 13 , said point or place of beginning being located at the intArsArstion of said centerline with the east line of Treatises now or formerly of New York State Electric and Gas Corporation extended in a northerly direction to form such inriarsecemicn said New York State Electric and Gas Cor poration premises being identified as Town of Dryden Tax IIIMap Parcel 52 - 1 - 13 ) ; proceeding thence and along the er. teri : ae of New York k _ ate Route 13 in a southeasterly and the - cr t - - - , - - t d retc ■_y _ i 3 a point in said centoarli :: e w - t the same is intersected by the centerline' � eL • i ++ e of Hanshaw Road ( this point being in the common division line between Military 41 on the 'west and Military Lot 42 on the East ) ; proceeding thence south along said common division line between the Military Lots and the centerline of Hanshaw Road for a distance of 1 , 260 feet + / - to a' point in the ce : terline cf Hanshaw Road at the northwest corner of premises reputedly of 'Spinella ( 43 - 2 - 4 ) ; proceeding thence east and along the north line of said Spinella premises for a distance of 243 feet + / - to the northeast corner of said It, Spinella premises ; proceeding thence south for a distance of . } - e . • ar, 1j s e f +z tt %7: ..e+ + w +vty ti.Tw {'wy. - •� • f _y'1y41:1 . • ` C• • J .. h y.3�aC 'l f . :j `"s`. +['s^. Y^. iM'I _� }e r -1 350 feet +/ - to a point in the east lice of premises reputedly of Kailburn ( 43 - 2 - 6 ) and at the northwest corner • of premises reputedly of Grant ( 43 - 2 - 9 ) ; proceeding thence east and along the north line of said Grant premises for a distance of 135 feet + / - ; proceeding thence south and along the east line of said Grant premises for a distance of 25 feat + / - ; proceeding thence east for a distance of feet + / - to the northeast corner of premises reputedly of Dunn ( 42 - 1 - 35 . 1 ) ; proceeding thence south for a distance of 240 feet + / - to a point in the centerline of Lower Creek Road ; proceeding thence west and along said centerline cf Tower _ leek Road for a distance of 25 feet + / - to the northeast corner premises mares ( 53 - 1 - 15 ) ; proceeding thenca south along said east line of said Hayes for a distance of 203 feet + / - to the southeast corner thereof ; proceeding thence generally southeasterly for a distance f fee : to the northeast corner of premises now or formerly o r Kellogg ( 53 - 1- 14 ) ;- ,.. . ., = a ° 3 - , 3 thence south and along the east line of said Kellogg for a distance of 775 feet +. ` - to a point in the centerline of New York State Route 366 ; proceeding thence generally northeasterly and along said centerline for a distance of 2 , 110 feet + / - to a point opposite the northwest corner of premises now or formerly of Challenge Industries , Inc . ( 52 - 1 - 14 ) ; proceeding thence sc .: theas : erly to said northwest corner and continuing southeasterly along the west line of said Challenge Industries , Inc . to the southwest corner thereof ; proceeding thence generally easterly . for a distance of 192 feet +/ - to • _ .. . .. - .. ; 1 f 32,J .' ^ 3. x..Zt'{ .}t 'i r+c � etf i t —ro _ i• a point in the west line of premises of New York State Electric and- Gas Corporation ( 52 - 1 - 13 ) ; proceeding thence south and along the we line of New York State Electric and Gas Corporation for a distance of 798 feet 4 / - to the southwest corner thereof ; proceeding thence easterly and along the south line of New York State Electric and Gas Corporation for a distance of 1 , 230 feet to the southeast corner thereof ; proceeding thence north and along the east line of New York State Electric and Gas Corporation for a distance of 1 , 210 feet + / - to a point ; proceeding thence west for a distance of 100 feet + / - to a point ; proceeding thence north and along the east line of said New York State Electric and Gas Corporation for a distance of 750 feet + / - to the point or place of beginning . 4 - "t"Y i 44T - - - J• .� iyr• _p."�yi Y! ,.,e t > . t "C-; e 5 N dy . ` ' - r y . • i• - .. S. e a4� wkn •c .L�, .} Y-146.:4 e t'• ? $Y -4-V f e -f" ! '% SFt� si4Lt 3t,'14+;•5; - " V�K `N£1 r2. ' *TI:t;C � �C ` .^4 �it41� e „,.. d - d 54� i^ ; , ". • _ . L"' / > + %�w k xiiJ w . . • • ALSO ALL TEAT OTHER TRACT OR PARCEL OP LAND situate in the • Town of Dryden , County of Tompkins and State of Nev York , bounded and described as follows : BEGINNING at a point in the centerline of Monkey Run Road , said point or place of beginning being located at the intersection of said centerline with the south line of the right of way line of the former Lehigh Valley Railroad property ; proceeding thence north l and along said centerline of Monkey Run Road for a distance of approximately 150 feet to a point in said centerline and marking the northeast corner of Tax Map Parcel 55 - 1 - i ; proceeding thence westerly and along the north line of said Tax Map Parcel for a distance of approximately 830 feet + / - to the northwest • corner thereof ; proceeding thence north and along the division line between Military Lot 52 • � on the east and Military rot 51 on the west for a distance of approximately 50 feet to a corner of remises now or formerly Iy of Cornell University ( 53 - 1 - 9 . 2 ) ; proceeding thence west ; northwest ; northeast and westerly along the boundaries of said Tax Map Parcel 53 - 1 - 9 . 2 to the west line thereof ; proceeding thence south ; southeast and southwesterly to the line of. Town of Dryden Water District No . 1 and to a point marking the southernmost corner of lands of Cornell University ( 53 - 1 - 8 ) ; proceeding thence easterly , southwesterly and southeasterly and along the line of Town of Dryden Sewer District # 2 and • . Town of Dryden water District # 1 to a point in the northwest • • _ i. y ' r` ✓rte. -t, , c r; ,_ _ .. . .�..,T . . • . . • me • §•-i-.=1-l- -- - -. . ... ,..,. ?3 ' Y+.t • . •Y w'AT • :k••ti e- f4 r" t!'s. rc :M v 1 uitr m :r 'L- tS '.r? .14t S ! , . ' + • PO - 1 line of New York State Routs 366 ; proceeding thence northeasterly and along said northwest line of New York • State Route 366 to a point of intersection of said north line and the northwest boundary of lands formerly of Lehigh Valley Railroad ( and along the lines of Town of Dryden Water District # 1 and Town of Dryden Sewer District 12 ) ; proceeding thence generally northeasterly and along the northwest line of New York State Route 366 for a distance of 125 feet + / - to a point where the northeast line of lands fcrierlr of the Lehigh Valley Railroad intersect the northwest line of New York State Route 366 ; proceeding thence easterly and northeasterly and along the south and southeaste_ rly lines of lands formerly of the Lehigh Valley . Railroad to the point or plate of beginning . • e - w `: z .rve : reference e _c erence is male to a Town of Dryden Tax Map Par : e _ , said pane _ n -umber was taken from the Tax Mats la _ t = vim - = d Ma = ch 1 , 1386 and information pertaining to the reputed owners of parcels was taken from the 1986 Final Assessment Roll for the Town of Dryden . le rh. r ` . " .- •- ����zw -xs~ ,:w Z - I .N . "'<• t J g, f i- i„ F 'G.a",, i9C•r',bk,„4,7 it t,t5 - �, W ,N' 1' �a �., : c- j .Z Yl1f670 -^.u.c�*.k ; or$''Y. i i Wt• it.. t .`Y ih 1:k ',...r . . . .. .: v •R. a , . �� :i .'u '1=]S �'a\-'if!i� .l �Y '.‘ I � :'-: r :;' 1.. ^ r� .a i Section 2 . The purchase and installation of approximately 13 , 000 linear feet .of 8 inch sewer main , together with pump stations , gate valves , necessary appurtenances and land and rights in land , substantially in accordance with the aforesaid map , plan and report , is hereby authorized and approved . The maximum amount to be expended for said construction shall not exceed $ 933 , 000 . The cost of said improvement shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years , payable in the first instance from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvements shall confer upon the same , in an amount sufficient to pay the principal and interest on said bonds as the same become due , but if not paid from such source , all the • taxable real property in said Town shall be subject to the levy of ad valorem taxes without ' limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 3 . The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Tompkins County , New York , within ten days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the office of the State Department of Audit and Control , in Albany , New York , both pursuant to subdivision 1 of Section 209 -g of the Town Law . Section 4 . This order shall take effect immediately . III _ .. +• J{' ' A? 1'1 t{.v1,ST +`•�` %dr 4 / , t s r • i "ifir t1-t }` } t "{4 '✓r 'ta ✓' 'd{+cY.; i La. +'.d �, w•Y , . ff.sv"r �t+�` M 'ui., , .,°,"_ v e . ,r^• ;�:.. . •x L r ly . . s v.�E'' .. .. Sri- .{y,, fKr -; d'2Y� t r a.; a ice' .✓ s *f . ..a:++..w-. - . .. .. .• - - �� . u-. .4.. 9 .0 is . , -•,. , .rµ .. . .. - . .. \ '_^�.•- t, - -. .. .. w _ '�'.., „'^v.�`T~.',;y,'a€+tug . • Sib ' k • • • • The question of the adoption of the foregoing order was duly put • ro a vote on toll call , which resulted as follows : Clinton E . Cotterill VOTING yes Charles Evans VOTING yes . George Schlecht VOTING yes Karl Garlock VOTING yes Merton Webb VOTING yes The order was thereupon declared duly adopted . * * • * * * • • C•ya. . � . ` . - ► .. • _• •> .. ♦. • •> _ a !n : �' 9UM.. r` -#d n: T .. V * f ;.mob!-! Y 4 0 -. . - .. -. .. . • . f: 1 � - �y¢Y�4�.1 ' r?' �� 'S�f .r—�:,. �W fir' !fi.°.1� xl r5F r4. :C "s cr.». • rb.7-•F I�- 'ta. w - 4,N 1 if- ri °Sa_ 'p"'' t.. .7,4 +.,- ' rte.. q.s • 4.s� �Y t• T ,F v 2,- Xl' '` !. J#. v • -sr .1 ' ,j..12.,.:-•,, 'Fr°4�' _ n. w b -4 4.t e t Z C.-�„� t <. - _ _ . �` s.1... - . _ __ - - »:<..� A... . �*" : • r r ...w ns Jam .. . _ , _ _ . ,TATE OF NEW YORK ) • ss . : COUNTY OF TOMPKINS ) • I , the undersigned Clerk of the Town of Dryden , Tompkins County , f" N.'ew York , DO HEREBY CERTIFY : a That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town , including the order contained therein , held on July 14 , 1987 , with the original thereof on file in my office , and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to . I FURTHER CERTIFY that all members of said Board had due notice of said meeting , and that , pursuant to Section 103 of the Public Officers Law ( Open Meetings Law ) , said meeting was open to the general public , and that I duly caused a public notice of the time IIIand place of said meeting to be given to the following newspapers and/ or other news media as follows : c /C�. y • - . a t r • `r , F ma ?�:1, 'U' d ,2 ?,+f"S T` 1•a'f� <.-. 4rq Z}. *°SIT °3 T - • •■ !' - .. r w "S °Pyta",w "23�.* ...-r j-H.4 „ �+. .r,V. - dews aper and/ or other news media Date iven The Ithaca Journal January 5 , 1987 123 E . State St . a Ithaca , NY 14850 and that further duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location ( s ) on the following dates : Designated Location ( s ) of posted notice Date of Posting Town of Dryden Town Hall July 9 , 1987 Vestibule 65 E . Main St . Dryden , NY 13053 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town on July 21 1987 . Town Cler'a % ( CORPORATE SEAL ) • • S to a y., 4 r : tt _ ' L t jt •] . . • : -i'� J A ' • .� • iesne T o v .. wy..Y 4•Cr`' .1.:1::4174/.11,11.4! 5a ' ° .,V t-. fit. '.T ,(ri•'• r.:.t w}.R " . e " < j�u q,y; y, d .° a.E. w ^ i ^ . MY aP' v { F.�' c ryt}4Viy 1 . . . _ : - - - -s. - • TOWN OF DRYDEN ® DRYDEN, NEW YORK .. In the Heart 4 the Finger Lakes Region 4 , z'. t t fr STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss . : 7owN OF DRYDEN ) I , Susanne Lloyd , duly elected Town Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the foregoing final order ' with the original thereof filed in my office , and that the foregoing is a true and exact copy of said original and of the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden this 21st day of July 1987 Susanne L1oy , •, /1 Town Clerk (, • t: $ i - n • 20127 - 307P • At a regular meeting of the Town Board of the Town of D ryden , Tompkins County , New York , held at 65 E . Main S ' . in Dryden , New York , in said County , on July 14 , 1987 , at 7 : 30 o ' clock " . M . , P revailing Time . The meeting was called to order by Supervisor Catterill, and upon roll being called , the following were Clinton E . Cotterill PRESENT : Charles Evans George Schlecht Karl Garlock Merton Webb ABSENT : None The following resolution was offered by Councilman Garlock who moved its adoption , seconded by Councilman Schlecht t o -wit : BOND RESOLUTION DATED JULY 14 , 1987 , • A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF APPROXIMATELY 13 , 000 LINEAR FEET OF 8 INCH SEWER MAIN , TOGETHER WITH PUMP STATIONS , GATE VALVES , NECESSARY APPURTENANCES AND LAND AND RIGHTS IN LAND IN AND FOR THE MONKEY RUN SEWER DISTRICT ( 4 ) OF THE TOWN OF DRYDEN , TOMPKINS COUNTY , NEW YORK , AT A MAXIMUM ESTIMATED COST OF $ 933 , 000 , AND AUTHORIZING THE ISSUANCE OF $ 933 , 000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF . WHEREAS , pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 -A of the Town Law , and more particularly an order dated July 14. , 1987 , the Town Board of the Town of Dryden , Tompkins County , New York , has established the Monkey Run Sewer District ( 4 ) of the Town of Dryden ; WHEREAS , it is now desired to authorize the purchase and installation of approximately 13 , 000 linear feet of 8 inch sewer main , together with pump stations , gate valves , necessary • appurtenances and land and rights in land , for said Monkey Run Sewer District ( 4 ) , as more fully set forth in said order establishing said Monkey Run Sewer District ( 4 ) , and to provide for the financing thereof ; and WHEREAS , all conditions precedent to the financing of the capital project hereinafter described , including compliance with the provisions of the State Environmental Quality Review Act , have been performed ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : . . e _ _ 2 - "._7`.+h i -+H•y s ` '. ' Yv ■ + l °kith s.4 ? r - r 3 {Pf )v e K 7 .ry{ - i Y1/444Y �K » � yu i T . it. ` `0 ,r Y . ;x t *-.';:71:11‘A -• -. .. - - ._- C%., • v - Q.-- Section 1 . The purchase and installation of approximately 13 , 000 linear feet of 8 inch sewer main , together with pump stations , gate • valves , necessary appurtenances and land and rights in land , for the Monkey Run Sewer District ( 4 ) of the Town of Dryden , Tompkins County , New York , as more fully described in the aforesaid proceedings , at a maximum estimated cost of $ 933 , 000 is hereby authorized . Section 2 . The plan for the financing of the aforesaid specific object or purpose is by the issuance of $ 933 , 000 serial bonds of said Town hereby authorized to be issued pursuant to the provisions of the Local Finance Law . Further details pertaining to said bonds will be prescribed in a further resolution or resolutions of this Town Board . Section 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law . It is hereby further determined that the • maximum maturity of the serial bonds herein authorized will exceed five years . Section 4 . Subject to the provisions of the Local Finance Law , the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . Such notes • t . 4 _rc* L .. . . . . > } .,,` ,.tG p p_4°?.., e ....tr�pa + . � e t - ] Y m 4 jts", a ' x _ n5 r c.''h .try }_ 'tP Z +}"t• . � z ''''fr y.. +^ i r • ^ Y . a a . , . A t` _ �na " + ~ � m' �,aP � w). f s5 r Y:417 C T r . . i e .f .. ,?try e 4t) a shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said Supervisor , consistent with the 01/ provisions of the Local Finance Law . Section 5 . The faith and credit of said Town of Dryden , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable . There shall be annually assessed upon and collected from the several lots and parcels of land within said Monkey Run Sewer District ( 4 ) deemed . benefited by the improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , an amount sufficient to pay the principal and interest on said bonds as the same become due , but if not paid from such source , all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 6 . The validity of such bonds and bond anticipation notes may be contested only if : 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or 2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of such publication , or 0;: ,. , . ' ' d p� • • ¶1 - F • 3 ) Such obligations are authorized in violation of the provisions of the Constitution . Section 7 . This resolution , which takes effect immediately , shall be published in full in The Ithaca Journal, the official newspaper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . • • _ . . . .1 , , . „ ,- .. , ' . , . f ,, _ . .. .. _ • + L j 'fF (t ° 11 mm's • . Y` a e ,a ' _ 1 Y .J 4f w, i+ Y . _. a x.. +y'i. A ; . .ctt-a.`n AYE I. 1 FY �h . . . .. 1.. "1 '? . . . ..Cbcfis *�+c F Yr e. e. ..'.? - •` ,.. ..a . 4 . ., r 'yt • . V _ 1 • The question of the adoption of the foregoing resolution was 4 1 `• duly put to a vote on roll call , which resulted as follows : Clinton E . Cotterill VOTING yes Charles Evans VOTING ves - George Schlecht VOTING yes Karl Garlock VOTING yes Merton Webb VOTING ves The resolution was thereupon declared duly adopted . * * * * * * • . • . . . • . a ; t , +• . J s x VS ' f( .:N °sr' kj s t.E: - w..yF a'£' n A `:'� .{ A"1+ • `, H ±LEI111 SISMIlere • STATE OF NEW YORK ) ) ss : COUNTY OF TOMPKINS ) I , the undersigned Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town , including the resolution contained therein , held on July 14 , 1987 , with the original thereof an file in my office , and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to . I FURTHER CERTIFY that all members of said Board had due notice of said meeting . I FURTHER CERTIFY that , pursuant to Section 103 of the Public Officers Law ( Open Meetings Law ) , said meeting was ' open to the • general public . I FURTHER CERTIFY that , PRIOR to the time of said meeting , I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/ or other news media as follows : r Y n y ; z` - "ag— ,,At ^vsa 44- .'y' '2 ', ' r 'fi "-w+: z t��{.F x - e -� 4 .t w .. t7a dry{-4 h+'�"ri?�'��'ii � t.�, eh'tt b.� t3,' y� '3f£Zm rta �.v- M . t _ t �...,y, r - Za. 1 •.Ly MY.ti, e� aj c. et J ,�.,.�� 4 � "'4 �r� +w > �•s � �tr'� _ a ��+..�..''+.-l�.�p• r �_ Q .� �?+sY' �� —rte.' 3su�Si.Y', ��' A„�%SQ'+. � • b Newspaper and /or other news media Date given IIIThe Ithaca Journal January 5 , 1987 123 w . State St . Ithaca , New York 14850 1 FURTHER CERTIFY that PRIOR to the time of said meeting , I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location ( s ) on the following dates : Designated Location ( s ) of posted notice Date of Posting Town of Dryden Town Hall Jul 9 , 1987 Vestibule July 65 E . Main St . Dryden , New York 13053 IN WITNESS WHEREOF , I have hereunto set my hand and affixed the seal of said Town on July 21 , 1987 . III a,,,,,,,t, Town Cle 1 ( CORPORATE SEAL ) . 41 • - - __ r4 4 > ,a.. �' ."'"`s` � '✓'G+rr. "c, �W x a 3-^s"' if»".s#e"`-5,• - �#irr ' vr•,:tV z G -ter J[6•4 .�1. . .�"bi� 4C 7 4 .-' .. �."" r:�-. ..a. F r is 1'�M Y �r$3 :4 � . . k r '1-..r . t 5 } _, +�^' .. 4 « 1 µ :mID F F *OS ".�'se Pii 4l -.6C .r : I .._. .. ... .. .w'ia � 4�L {t ». F _ . . .s ` �Y, -'4 2.•-••-•;- _ - - - _ e `-• • • . 1 TOWN OF DRYDEN • DRYDEN, NEW YORK • • In the Heart of the flinger Lakes Region STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss . : TOWN OF DRYDEN ) • I , Susanne Lloyd , duly elected Town Clerk of the Town of Dryden , Tompkins County , New York , DO HEREBY CERTIFY : That I have compared the foregoing bond resolution with the original thereof filed in my office , and that the foregoing is a true and exact copy of said original and of the whole thereof . IN WITNESS WHEREOF , I have hereunto set my hand and the seal of the Town of Dryden this 21st day of July 1987 ,� • Susanne Lloyd /7 , Town Clerk (1 • • RESOLUTION NO . 106 - 1987 • Councilman Garlock offered the following Resolution and asked for its adoption . Webb Seconded by Councilman BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Dryden as follows : 1 . Section 1801 of the Town of Dryden Zoning O rdinance is hereby amended to read as follows : Section 1801 . Building Permits . ( 1 ) No building in any district shall be begun , enlarged or extended or any work commenced that will change the present use of any building without a Building P ermit issued by the Zoning Enforcement Officer . No mobile home , replacement mobile home , or extension shall be placed o n an individual lot without a Building Permit . ( 2 ) Every applicant for a Building Permit shall state in writing on a form supplied by the Town , the intended use of the building or mobile home and shall furnish a sketch drawing showing the lot shape and d imensions and indicating the size , shape and location of said building . Said Building Permit shall expire 12 months from the date of issuance , unless there has been substantial progress in the work for which the Building Permit was • issued . Said permit shall be posted or displayed in a conspicuous place and shall be visible from the nearest public road . ( 3 ) No charge for a building permit shall be made for the erection , enlargement or extension of any auxiliary farm buildings , exclusive of a farm residence . ( 4 ) No building or mobile home shall be o ccupied without first obtaining a Certificate of Occupancy from the Zoning Enforcement Officer . This provision shall apply to any construction or work done or placement or ✓ eplacement of any building or mobile home for which a B uilding Permit is required whether or not a fee has been charged . ( 5 ) The fees for Building Permits and Certificate of Occupancy shall be as set forth in Article XX I V . 2 . Section 1902 of said Ordinance is hereby amended to read as follows : ( 1 ) All appeals to the Zoning Board of Appeals shall be made in writing and shall be submitted to t he Zoning Enforcement Officer who shall refer them to the Zoning Board of Appeals . ( 2 ) The Board shall give ' notice and hold a public hearing on any such matter by publishing in the official Town newspaper at least five ( 5 ) days prior to the public hearing and a public notice of hearing for the appeal and the Board shall mail notices thereof to the parties involved , and to the regional state park commission having jurisdiction over any state parks or parkways within 500 feet of the property affected by such appeal . • ( 3 ) The Board shall act on any appeal within sixty ( 60 ) days after the final hearing . Every decision shall be by resolution and shall contain a full record of the findings of the Board in the particular case . ( 4 ) The fees for filing an appeal shall be as set forth in Article XXIV . 3 . Section 2206 of said Ordinance is hereby amended to read as follows : ( 1 ) The application shall be filed with the Town Zoning Officer . The contents of the application shall include , but shall not be limited to a sketch plan of the proposed district , approximately to scale , showing the location and approximate dimensions of the various uses and buildings , outlines of any proposed interim roadway system and all existing rights - of -way and easements , delineations ' o f residential uses , showing density , dwelling unit type and general description of proposed market structure , the interim open space system , overall drainage system , topography , principal ties to the community at large with respect to transportation , water supply and sewage disposal , general descriptions of provisions of necessary community facilities , and a location map showing ownership and the use o f abutting lands . Regulations may require the applications shall be accompanied in such form as the Town Board deems • appropriate by the submission of evidence of how the proposed planned development district will meet community needs and of its consistency with community and area wide comprehensive planning and by an example of the proposed form of ownership of any common property , and by a proposed schedule of development if development is to be staged . ( 2 ) The fees for filing an application shall be as set forth in Article XXIV . 4 . Subdivision B of Section 2302 . 3 is hereby amended to read as follows : B . Required Fee . The fee for filing an application shall be as set forth in Article XXIV . 5 . Section 2302 . 9 . Reimbursable Costs . is hereby ✓ epealed . 6 . Section 1303 ( 1 ) ( g ) is hereby amended to read as follows : ( g ) A statement by applicant appraising the e ffect of proposed use on adjacent properties and development of the neighborhood . 7 . Section 1303 ( 1 ) is hereby amended by adding thereto a new subparagraph ( h ) to read as follows : • ( h ) The fee for a special permit shall be as set forth in Article XXIV . 8 . Paragraph A of subsection 2 of Section IV . • Procedure in filing Subdivision Applications of the Land Subdivision Rules and Regulations of the Town of Dryden , New York is hereby amended to read as follows : A . Application . ( 1 ) Upon receiving Sketch Plan approval , with or without modification and prior to the filing of an application for the approval of a Subdivision P lat , the subdivider shall file an application for the consideration of a Preliminary Plat of the proposed subdivision , in the form described in Section VI , No . 2 hereof . The preliminary plat shall , in all respect , comply with the requirements set forth in the provisions of Sections 276 and 277 of the Town Law , and these regulations , except where a waiver may be specifically authorized by the P lanning Board . ( 2 ) The fee for an application of preliminary plat approval shall be $ 100 . 00 if 10 lots or less are proposed and $ 250 . 00 if more than 10 lots are proposed . 9 . Section 4 . 01 of the Town of Dryden Mobile Home P ark Ordinance is hereby amended to read as follows : 4 . 01 The fee for a special permit shall be $ 75 . 00 . 10 . There is hereby added a new Article to the Town of • Dryden Zoning Ordinances as follows : ARTICLE XXIV . Fees and Reimbursable Expenses . Except as where otherwise provided in this ordinance or any other ordinances of the Town of Dryden the following fees and reimbursable expenses shall be paid to the Town at the t ime an application is made or appeal filed except reimbursable expenses shall be paid before a permit is issued . 1 . Section 1801 . Building Permits - Where the cost of the proposed construction is under $ 10 , 000 . 00 - $ 25 . 00 . Where the cost of the proposed construction is over $ 10 , 000 . 00 - $ 75 . 00 . No additional fee shall be charged for a Certificate of Occupancy where a fee was paid for a building permit . 2 . Section 1902 . Filing an appeal to the Zoning Board of Appeals - $ 50 . 00 . 3 . Section 2206 . Application for Planned Unit Development - $ 250 . 00 . 4 . Section 2302 . 3 ( B ) . Site Plan Approval Application - $ 100 . 00 for any project less than two ( 2 ) acres in size and $ 250 . 00 for any project two ( 2 ) acres or larger . • 5 . Reimbursable costs . The reasonable and • necessary costs , fees or disbursements incurred by the Town o r its officials for consultation or review by professionals including architects , engineers , landscape architects , surveyors or others of any Application for a Building Permit , Certificate of Occupancy , Appeal to the Zoning Board o f Appeals , Application for Subdivision Approval , Application for a Planned Unit Development or Special Permit for a mobile home park shall be paid by the applicant . 11 . Section 1804 of the Town of Dryden Zoning Ordinance is hereby amended to read as follows : Section 1804 . Violations and Penalties . A violation o f this Ordinance is an offense punishable by a fine not exceeding $ 100 . 00 or by imprisonment for a period not exceeding fifteen ( 15 ) days , or both . Each day ' s continued breach shall constitute a separate , additional violation . In addition , the Town Board shall have such other remedies as are provided by law to enforce the provisions of this Ordinance . 12 . Section 1206 of said Ordinance is hereby amended by adding thereto a new subsection 5 to read as follows : 5 . For all uses : lot area shall be at least Alk o ne acre with at least 150 feet of street frontage . Roll call vote - all voting - Yes Clm Garlock - the committee that was studying the mobile home ordinance has finished with their report in draft form and wanted Clm Garlock to ask for its adoption , so he would like to make that in a form of a resolution . Motion was made by Clm Garlock and seconded by Clm Evans to accept t he draft form for the proposed mobile home ordinance and hold a public .hearing . S upv Cotterill wanted to have the zoning map and areas changed w here mobile homes would be allowed before there was a public h earing held on the proposed mobile home ordinance . After considerable discussion both Clm Garlock and Clm Evans w ithdrew their motion . RESOLUTION # 106 AMENDMENT TO TOWN ZONING ORDINANCE Motion was made by Clm Garlock and 2nd by Clm Webb Roll call vote = all voting Yes original inserted in book S upv Cotterill - scheduled public hearing Aug 11th at 7 : 30PM S upv Cotterill appointed Clm Evans and Clm Schlecht to discuss the possibility for part time help for the zoning officer . ATTORNEY • RESOLUTION # 107. ACCEPT OFFER OF DEDICATION OF TURN - AROUND ON WOOD RD Motion was made by Clm Webb and 2nd by Clm Evans Roll call vote - all voting Yes original inserted in book RESOLUTION # 108 ADOPT FINAL ORDER MONKEY RUN WATER DISTRICT Motion was made by Schlecht and 2nd by Clm Garlock Roll call vote - all voting Yes o riginal inserted in minute book RESOLUTION # 109 ADOPT BOND RESOLUTION MONKEY RUN WATER DISTRICT Motion was made . by Clm Schlecht and 2nd by Clm Garlock Roll call vote - all voting Yes o riginal inserted in minute book RESOLUTION # 110 ADOPT FINAL ORDER MONKEY RUN SEWER DISTRICT Motion was made by Clm Garlock and 2nd by Clm Schlecht Roll call vote - all voting Yes o riginal inserted in minute book • RESOLUTION # 111 ADOPT BOND RESOLUTION MONKEY RUN SEWER DISTRICT Motion was made by Clm Garlock and 2nd by Clm Schlecht Roll call vote - all voting Yes o riginal inserted in minute book 8' Z Clm Webb offered the following resolution : • RESOLUTION NO . 107 - 1987 ACCEPT OFFER OF DEDICATION OF TURN - AROUND ON WOOD ROAD WHEREAS , the Town Board of the Town of Dryden has heretofore initiated proceedings for the qualified abandonment of a portion of Wood Road , and WHEREAS , it is now necessary to construct a turn - around for snow plows and other vehicles since the portion of Wood Road south of the section which is to be the subject of the qualified abandonment will be a dead - end road , and WHEREAS , a survey of a suitable area for a turn - around has been prepared and presented to the Town Board together with the offer of Porteus Department Store , Inc . to dedicate the same to the Town of Dryden as a turn - around , and WHEREAS , the instruments conveying the same to the Town have been examined by the Town attorney and found to be in order , and • WHEREAS , the Town Highway Superintendent has reviewed t he adequacy of the proposed parcel of land to be dedicated to the Town for the construction of a turn - around and has made his recommendation to the Town Board that the Town accept such a dedication of the parcel to be conveyed , NOW , THEREFORE , BE IT RESOLVED by this Town Board that t he parcel of land shown on the map of survey entitled " Portion of Lands of Porteus Department Stores Inc . " made by C . George Hanford dated April 26 , 1987 be and hereby is accepted as a part of the Town road system and the same is to be added to the official Town map and the Town Highway S uperintendent is authorized and directed to construct the necessary turn - around and place the appropriate road signs thereon and take any and all steps necessary to maintain said turn - around from this date forward . 2nd Clm Evan Roll call vote - all voting Yes 1111 81 Atty Perkins - renewal of the bond anticipation note regarding 41, Cortland Road sewer district was renewed for $ 62 , 500 . 00 for 1 year at 5 percent . . Atty Perkins - with respect to the Cortland Road water district . The Village of Dryden has turned down the request to sell water to t he Town of Dryden . At the request of the Town Board he has spoken w ith Larry Converse and Clm Schlecht . Mr Converse has proposed that t he town should continue the exploration of the well which is already down 67 feet , this has also been discussed with Jim Greshen f rom Hunt Engineers . The proposal now is to use the existing casing and continue down with a 6 inch well casing at a depth not to e xceed 200 feet . The proposal is to put the well in and to collect t he soil samples and the total estimate not to exceed $ 4 , 800 . 00 . RESOLUTION # 112 EXPLORE WELL - CORTLAND RD Cim Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board continue exploration of well for Cortland Rd water district . 2nd Clm Schlecht Roll call vote - all voting Yes Atty Perkins - Snyder Hill Water Dist , there has been discussion w ith Jim Greshen as to the construction of the pump station and t hey have explored different possibilities as to where it should be located , and the actual location of the meter . RESOLUTION 113 ADVERTISE FOR BID TO SELL 2 TRUCKS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Gilbert to advertise for bid to sell one 1960 Brockway truck and one 1964 B rockway truck . 2nd Cim Garlock Roll call vote - all voting Yes RESOLUTION # 114 ADVERTISE FOR BID TO PURCHASE SPREADER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Hwy Supt Gilbert to advertise to bid for one new material spreader . 2nd Clm Webb Roll call vote - all voting Yes CORRESPONDENCE Ambulance report D og report N YSDEC - re : mining permit for B R Dewitt ( Eddy property ) RESOLUTION # 115 AUTHORIZE SUPV TO SIGN ADDENDUM - HUNT ENGINEERS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to sign addendum agreement with Hunt Engineers and to increase the cost of $ 3 , 500 f or design and engineering for Snyder Hill Water District . 2nd Cim Garlock Roll call vote - all voting Yes RESOLUTION # 116 APPOINT REPRESENTATIVE TO ENVIRONMENTAL MANAGEMENT COUNCIL • Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint William Henderson as the Town of Dryden representative to the Environmental Management Council . 2nd Clm Schlecht Roll call vote - all voting Yes RESOLUTION # 117 TRANSFER FUNDS FROM CONTINGENCY ( A1990 . 421 ) TO RESEARCH ( A8030 . 40 ) Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 6 , 282 . 00 from Contingency ( A1990 . 421 ) to Research ( A8030 . 40 ) for S nyder Hill expenses . 2nd Clm Schlecht Roll call vote - all voting Yes RESOLUTION # 118 TRANSFER FUNDS FROM CONTINGENCY ( B1990 . 421 ) TO BUILDING INSPECTOR ( B3121 . 400 ) Clm Schlecht offered the following resolution and asked for its adoption : . RESOLVED , that this Town Board authorize the Supv to transfer $ 227 . 15 from Contingency ( B1990 . 421 ) to Building Inspector • contractual ( B3121 . 400 ) . 2nd Clm Garlock Roll call vote - all voting Yes RESOLUTION # 119 TRANSFER FUNDS FROM APPROPRIATED FUND BALANCE TO CORTLAND RD SEWER DIST CONTRACTUAL ( SS - 8130 . 4 ) Clm Garlock offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 3 , 164 . 34 from appropriated fund balance to Cortland Rd Sewer Dist contractual ( SS - 8130 . 4 ) for Joint I payment to the Village of D ryden . 2nd Clm Webb Roll call vote - all voting Yes RESOLUTION # 120 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Webb Roll call vote = all voting Yes RESOLUTION # 121 AUDIT HIGHWAY FUND BILLS Clm Schlecht offered the following resolution and asked for its adoption : 411 RESOLVED , that the highway fund bills be paid as audited . 2nd Clm Garlock Roll call vote - all voting Yes TOWN OF DRYDEN • DRYDEN, NEW YORK P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 • 607-844-9120 lit the Heart of the Finger Lakes Region ZONING OFFICE Date : June 1st , . 1987 To : Zoning Board Members From : Henry M . Slater , Zoning & Building Code Enforcement Officer 65 E . Main Street Dryden , New York 13053 Sub . : Agenda for June 2nd Z . B . A . Hearing Meeting 7 : 30 , Merrick & Georgette Burlinggarne of 585 Midline Road , Freeville , N . Y . , are requesting premission to erect a private garage at their residents . They are requesting a variance to section 804 of the Dryden Town Zoning Ordinate to erect the structure closer than 15 ' to their side lot line due the placement of the house and septic system . 7 : 45 , James Russell of 473 Bone Plain Road Freeville , New York , is requesting a variance to section 803 of the Dryden Town Zoning Ordinance to erect a • Pole - Barn Structure at his residents on the Short Road , ( a private drive ) . Since Mr . Russell has no road frontage , a variance is necessary to erect this structure . • Cpy . ; Mrs . Linda Wbodin , Recording Sec . for the Dryden Town Zoning Board . Results : • Burlingame , The board found the request acceptable by a vote of 3 to 0 with no stipulations . • Russell , The board found the request acceptable by a vote of 3 to 0 with following stipulation . Since the Russells ' are proposing that the structure be located at the property line of an ajoining parcel which he has recently purchased on . land contract , but hasn ' t recorded the deed transfer with county clerk ; that they either provide proof of transfer or locate the proposed site 25 ' from the rear property line as it now exist prior to a bulling permit being issued to them . • • . • TOWN OF DRYDEN • DRYDEN, NEW YORK P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 a607-844-9120 In the Heart of the Finger Lakes Region _ -- -egj ZONING OFFICE Date : June 10th , 1987 To : Members of The Dryden Town Zoning Board of Appeals From : Henry Slater , Zoning & Building Code Enforcement Officer Town of Dryden 65 E . Main Street Dryden , New York 13053 . Sub . : Special Hearing Meeting Please be informed that at the request of the two ( 2 ) below listed applicants , I ' ve scheduled a special hearing night . Thomas & Brian Clark , D . B . A . , " Clark Enterprises " at 7 : 30 P . M . The Clarks ' are requesting a use variance to establish and build a food storage warehouse at or about 165 Cortland Road in the Town of Dryden and are requesting a variance to section 801 of the Dryden Town Zoning Ordinance to do so . Albert Hiedt at 7 : 1+ 5 P . M . Mr . Hiedt is requesting an extention of an existing variance granted on 2 / 15 / 79 to increase an area variance for an existing structure that does not call for any expansion of the structure . He also would like an interpretation of his rights of transfer of the variance to a third party . Copy of existing variance included . Results : The Clarks ' were granted a variance with no stipulations . The vote was unanimous . Albert Heidts ' was granted a variance to expand the existing floor space used for food warehouse storage from 400 sq . ft . to 800 sq . ft . since it would not cause there to be any additiohal construction . Stipulations were issued . 1 . Heidt is to verify that the orginal stipulations are being strictly complied w ith . 2 . Heidt post a notice to the truck drivers relative to the conditions of w hen truck engines were to be allowed to idle during loading & unloading . 3 . That Heidt is to install some landscape buffering to allow structure to • better blend in with the neighborhood . 4 . Heidt shall make an effort to find a way to reduce night time noise . 5 . Heidt request from Town Attorney a legal interpertation of the transfer ✓ ights of the orginal variance which was granted in Feb . 1979 . ZONING OFFICER Z . O . Slater was absent but his report was given to Board members , and entered into the minutes . Financial report - given to Board members Justice report - $ 5 , 893 . 00 for the month of June 1987 Town Board went into executive session at 9 : 15PM After executive session where the Town Board discussed Z . B . O . A . decision regarding Welch - Cornelius property the Town Board ✓ econvened and passed the following resolution . RESOLUTION # 122 WELCH - CORNELIUS PROPERTY PARCEL # 47 - 1 - 31 • Clm Schlecht offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize outside counsel to bring Article 78 proceeding and injunction if possible . Also authorize o utside counsel to defend Zoning Board of Appeal if sued not to e xceed $ 75 . 00 per hour , concerning the matter of Welch - Cornelius property parcel # 47 - 1 - 31 . 2nd Clm Evans Roll call vote - all voting Yes O` Adjourned : 10 : 00PM >44/..,a4ovcc_ 4/7<t(L... Susanne Lloyd Town Clerk