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 .
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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 . .
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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.
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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
• ;.
- . .
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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 .
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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 .
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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
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•
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
•
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proceeding thence south along said common division line
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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 .
•
•
•
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•
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+.
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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 .
•
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i
y
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A
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•
_ 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
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• r .i .» r
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w . . ..
•
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- 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.
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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 :
•
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Al 'v' Y` 7 Ts : I-41 ; k �u �.. ..a�tii n-Lag b r ttrae . * .c.:,`� ° „? c !} w�
P � M1
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•
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
.
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_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
•
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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 .
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•
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
•
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§•-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 .
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',...r . . . .. .: v •R. a , . �� :i .'u '1=]S �'a\-'if!i� .l �Y '.‘ I � :'-: r :;' 1.. ^ r� .a
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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 _ ..
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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 .
* * • * * *
•
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,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 :
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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 )
•
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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 . . . _ : -
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TOWN OF DRYDEN ® DRYDEN, NEW YORK
.. In the Heart 4 the Finger Lakes Region
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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 (,
•
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• 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 :
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•
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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
•
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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;:
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•
• ¶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 .
•
•
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•
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•
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 .
* * * * * *
• .
•
. . . •
.
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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 :
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.t w .. t7a dry{-4 h+'�"ri?�'��'ii � t.�, eh'tt b.� t3,' y� '3f£Zm rta �.v- M . t _ t �...,y, r
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•
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
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Town Cle 1
( CORPORATE
SEAL )
. 41
•
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•
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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