HomeMy WebLinkAbout1989-02-14 TOWN BOARD MEETING
` FEBRUARY 14 , 1989
® PUBLIC HEARING # 1
SPECIAL PERMIT - Antique Shop
S upv Schug alled the meeting to order at 7 : 30PM
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S upv Schug read the notice that was published in the newspaper to
consider the application of Paul & Nancie Conklin to establish an
antique shop in a portion of their house at 128 North Street ,
Dryden .
Q UESTIONS AND / OR COMMENTS
Mr Conklin - would like to have the shop in three rooms of their
house and there is plenty of parking available . There were no other
q uestions .
Closed public hearing - 7 : 35PM
PUBLIC HEARING # 2
FEBRUARY 14 , 1989
PROPOSED ORDINANCE REPEALING
PRIOR TOWN ORDINANCE AGED EXEMPTIONS
• Supv Schug read the notice that was published in the newspaper to
h old a public hearing on ' a proposed Ordinance repealing prior Town
Ordinance dealing with exemptions from real property taxes for
persons 65 years of age or over , the text of which ordinance is as
f ollows : Ordinance # 1 ( 1984 ) which modified the maximum income
eligibility levels for persons 65 years of age or over for
e xemption of real property taxes , and an y prior ordinance dealing
w ith or pertaining to that subject including a resolution adopted
J anuary 28 , 1975 and Resolution # 125 adopted September 13 , 1966
w hich established " Ordinance 65 Exemption " are hereby repealed . The
subject matter of the Ordinance will be addressed by a resolution
✓ ather than an ordinance .
Q UESTIONS AND / OR COMMENTS
Beth Moran °° - wanted the aged exemption explained ?
Atty Perkins - previously the Town pursuant to the authority given
to them regarding the Real Property Tax Law has adopted ordinances
which allowed 65 years of age or older to claim partial exemption
f rom real property tax . The Town has a real property tax law that
h as been amended to allow for increases in the amount of their
income has always amended or adopted another ordinance to permit or
to allow for the maximum amount of income . The resolutions will
✓ epeal all existing Town Ordinances that have to deal with that
subject and to adopt resolution implementing the current provisions
of Section 467 of the Real Property Tax Law which will allow for a
sliding scale .
Closed public hearing # 2 7 : 50PM
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PUBLIC HEARING # 3
FEBRUARY 14 , 1989
AGED EXEMPTION INCREASE
S upv Schug read the notice that was published in the newspaper to
h old a public hearing on a proposed Resolution pursuant to Real
Property Tax Law , Section 467 which w i l l provide for senior citizen
or aged exemptions based on income eligibility levels . The
Resolution will replace and deal with the same subject matter as
certain Ordinances of the Town of Dryden which are proposed to be
repealed Copies of the Resolution are available at the Town Clerk ' s
O ffice .
Q UESTIONS AND / OR COMMENTS
N one .
Closed public hearing # 3 8 : 05PM
TOWN BOARD MEETING
FEBRUARY 14 , 1989
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk :
Present : Supv Schug , Clm Hatfield , Clm Evans , Clm Garlock , Clw
Walbridge , Atty Perkins and Z . O . Slater
Approval of the minutes : Motion was made by Clm Evans and 2nd by
Clm Hatfield that the minutes of Jan 10th board meeting be approved
as submitted .
RESOLUTION # 65 GRANT SPECIAL PERMIT antique SHOP
Clw Walbridge offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board grant a special permit to Paul &
N anci Conklin to establish an antique shop at 128 North Street
D ryden with the following condition that this permit is not
transferable by sale or by lease .
2nd Clm Evans Roll call vote - all voting Yes
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RESOLUTION NO . 66 - 1989 REPEAL AGED EXEMPTIONS
Councilman Gariock offered the following Resolution and
asked for its adoption :
RESOLVED that pursuant to Section 130 of the Town Law
and Section 467 of the Real Property Tax Law ,
It is hereby enacted and ordained as follows :
Ordinance No . 1 ( 1984 ) which modified the maximum
income eligibility levels for persons sixty - five ( 65 ) years
of age or over for exemption of real property taxes , and any
prior ordinances dealing with or pertaining to that subject
including a Resolution adopted January 28 , 1975 and
Resolution No . 125 adopted September 13 , 1966 which
established " Ordinance 65 Exemption " are hereby repealed .
This ordinance shall take effect after publication and as
provided by law .
Seconded by Councilman Evans
Roll call vote - all voting Yes
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RESOLUTION NO . 67 - 1989 ADOPT AGED £ FMPTION
Councilman Oarlock offered the following resolution and
asked for its adoption :
WHEREAS , the Town of Dryden has heretofore adopted
" Ordinance 65 Exemption " which pertained to eligibility
levels for persons 65 years of age or over for partial
e xemption of Real Property Taxes in the Town of Dryden , and
WHEREAS , by resolution adopted January 28 , 1975 those
income eligibility limits were raised , and
WHEREAS , by Ordinance No . 1 ( 1984 ) the maximum income
e ligibility levels for persons 65 years of age or over were
modified , and
WHEREAS , certain amendments to the Real Property Tax
L aw have provided for the option to the Town to increase the
• income eligibility levels , and
WHEREAS , the Town has repealed the Ordinances and
Resolutions above referred to in the recitals of the
✓ esolution on the express understanding that the subject
matter would be dealt with by resolution , and
WHEREAS , it is easier for the Town to deal with the
- subject matter by resolution rather than Ordinance or Local
Law , is less expensive and changes are more easily made in
the maximum income eligibility levels as the same may be
authorized by the Legislature from time to time ,
NOW , THEREFORE , be it resolved as follows :
1 . Real property owned by one or more persons , each of
whom is 65 years of age or over , or real property owned by a
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husband and wife , one of whom is 65 years of age or over ,
shall be exempt by taxation by the Town of Dryden to the
extent set forth in the following formula :
Percentage
Income Range of Exemption
Up to $ 12 , 025 50 %
$ 12 , 025 . 00 to $ 12 , 525 . 00 45 %
$ 12 , 525 . 00 to $ 13 , 025 . 00 40 %
$ 13 , 025 . 00 to $ 13 , 525 . 00 35 %
$ 13 , 525 . 00 to $ 14 , 025 . 00 30 %
$ 14 , 025 . 00 to $ 14 , 525 . 00 25 %
$ 14 , 525 . 00 to $ 15 , 025 . 00 20 %
Over $ 15 , 025 . 00 0 %
2 . Any exemption provided in this resolution shall be
computed after all other partial exemptions allowed by law
have been subtracted from the total amount assessed .
3 . The real property tax exemption on real property
owned by a husband and wife , one of whom is 65 years of age
o r over , once granted , shall not be rescinded solely because
o f the death of the older spouse so long as the surviving
spouse is at least 62 years of age .
4 . No exemption shall be granted :
( a ) if the income of the owner or the combined income
o f the owners of the property for the income tax year
immediately preceding the date of making application for
exemption exceeds the amounts set forth in the formula in
this resolution . Income tax year shall mean the twelve
month period for which the owner or owners filed a federal
personal income tax return , or if no such return is filed ,
the calendar year . Where title is vested in either the
husband or the wife , their combined income may not exceed
such sum . Such income shall include social security and
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retirement benefits , interest , dividends , total gain from
the sale of exchange of a capital asset which may be offset
by a loss from the sale or exchange of a capital asset in
the same income tax year , net rental income , salary or
earnings , and net income from self - employment , but shall not
include a return of capital , gifts or inheritances . In
computing net rental income and net income from
self - employment no depreciation deduction shall be allowed
for the exhaustion , wear and tear of real or personal
property held for the production of income ;
( b } Unless the title of the property shall have been
vested in the owner or one of the owners of the property for
at least twenty - four consecutive months prior to the date of
making application for exemption , provided , however , that in
the event of the death of either a husband or wife in whose
40 name title of the property shall have been vested at the
time of death and then becomes vested solely in the survivor
by virtue of devise by or descent from the deceased husband
or wife , the time of ownership of the property by the
deceased husband or wife shall be deemed also a time of
ownership by the survivor and soot ownership shall be deemed
continuous for the purposes of computing such period of
twenty - four consecutive months . In the event of a transfer
by either a husband or wife to the other spouse of all or
part of the title to the property , the time of ownership of
the property by the transferor spouse shall be deemed also a
time of ownership by the transferee spouse and such
ownership shall be deemed continuous for the purposes of
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computing such period of twenty - four consecutive months .
Where property of the owner or owners has been acquired to
4, replace property formerly owned by such owner or owners and
taken by eminent domain or other involuntary proceedings ,
except a tax sale , the period of ownership of the former
property shall be combined with the period of ownership of
the property for which application is made for exemption and
such periods of ownership shall be deemed to be consecutive
for purposes of this section . Where a residence is sold and
replaced with another within one year and both residences
are within the state , the period of ownership of both
properties shall be deemed consecutive for purposes of this
resolution . Where the owner or owners transfer title to
property which as of the date of transfer was exempt from
taxation under the provision of this resolution , the
reacquisition of title by such owner of owners within nine
months of the date of transfer shall be deemed to satisfy
the requirement of this paragraph that the title of the
property shall have been vested in the owner or one of the
o wners for such period of twenty - four consecutive months .
Where , upon or subsequent to the death of an owner or
owners , title to property which as of the date of such death
was exempt from taxation under such provisions , becomes
✓ ested , by virtue of devise or descent from the deceased
owner or owners , or by transfer by any other means within
n ine months after such death , solely in a person or persons
who , at the time of such death , maintained such property as
a primary residence , the requirement of this paragraph that
the title of the property ` shall have been vested in the
owner or one of the owners for such period of twenty - four
consecutive months shall be deemed satisfied ;
( c ) Unless the propety is used exclusively for
residential purposes , provided , however , that in the event
any - portion of such property is not so used exclusively for
residential purposes but is used for other purposes , such
portion shall be subject to taxation and the remaining
portion only shall be entitled to the exemption provided by
this section ;
( d ) Unless the real property is the legal residence of
and is occupied in whole or in part by the owner or by all
o f the owners of the property , provided that an owner who is
absent while receiving health - related care as an inpatient
o f a residential health care facility , as defined in section
twenty - eight hundred one of the public health law , shall be
deemed to remain a legal resident and an occupant of the
property while no confined and income accruing to that
person shall be income only to the extent that it exceeds
the amount paid by such owner , spouse , or co - owner for care
in the facility ; and provided further , that during such
confinement such property is not occupied by other than the
spouse or co - owner of such owner .
5 . The Town shall notify or cause to be notified , each
person owning residential real property in the Town of the
provisions of this resolution , This may be met by a notice
o r legend sent on or with each tax bill to such persons
reading " You may be eligible for senior citizen tax
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exemptions . Senior citizens have until ( month )
( day ) ( year ) to apply for such exemptions . For
information please call or write , e followed by
the name , telephone number and/ or address of a person or
department selected to explain the provisions of this
section . Failure to notify , or cause to be notified any
person who is in fapt , eligible to receive the exemption
provided by this section or the failure of such person to
receive the same shall not prevent the levy , collection and
e nforcement of the payment of the taxes on property owned by
such person .
6 . Application for such exemption must be made by the
owner , or all of the owners of the property , on forms
prescribed by the State Board of Equalization and Assessment
and shall furnish the information and be exeucted in the
manner required or prescribed in such forms , and shall be
filed in such assessor ' s office on or before the taxable
status date .
7 . At least sixty days prior to the taxable status
date , there shall be mailed to each person who was granted
an aged exemption on the latest completed assessment roll an
application form and a notice that such application must be
filed on or before the taxable status date and be approved
in order for the exemption to be granted . Within three days
o f the completion and filing of the tentative assessment
✓ oll , notice by mail shall be given to any applicant who has
included with his application at least one self - addressed ,
pre - paid envelope , of the approval or denial of the
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application ; provided , however , that upon the receipt and
filing of the application there shall be sent by mail
notification of receipt of the same to any applicant who has
included two of such envelopes with the application . Where
an applicant is entitled to a notice of denial such notice
shall be on a form prescribed by the State Board of
Equalization and Assessment and shall state the reasons for
such denial and shall further state that the applicant may
have such determination reviewed in the manner provided by
law . Failure to mail any such application form or notices
or the failure of such person to receive any of the same
shall not prevent the levy , collection and enforcement of
the payment of the taxes on property owned by such person .
8 . Any conviction of having made any wilful false
statement in the application for such exemption , shall be
punishable as set forth in Real Property Tax Law section
467 ( 7 ) .
Seconded by Councilman Evans
Roil call vote - all voting Yes
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RESOLUTION i# 66 1 989 REPEAL. AGED EXEMPTIONS
C1rri Carl_+ ck offered the following resolution and asked for its
adoption . ( copy in minute book )
end ClM Evans Roll call vote - all voting Yes
RESOLUTION # 67 1989 ADOPT AGED EXEMPTION
Clm Garlock offered the following resolution and asked for its
adoption : ( copy in minute book )
and Glm Evans • Roll call vote - all voting Yes
COUNTY BRIEFING
Co Rep Tillapaugh - reported on the update of Rt 13 , Supv Schug , Co
Rep Watros , Co Rep Tillapaugh , staff from the County Planning Dept
and Public Works Dept , Alert Webb , and Mayer Lane met with cur-
legislators , James Seward and Martin Luster . They dried to impress
u pon them the seriousness of the need for safety problems on Rd 13 .
W e had been promised for years for improvements on this road and
e ach year it is delayed . We asked Mr . Seward and Mr Luster to see
if something can be done at a higher level in Albany .
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d upe Schur' - we are trying to get the existing Rd 13 and the main
street in Dryden fixed and made safer first and foremost . I f Mr
4111 • Seward and Mr Luster can work with the people in Albany to let them
know work has to be done on Pt 13 we might be able to get some
✓ esults .
O n Rep Tillapaugh - there was also discussion in trying to revamp
an establish a new limited access route from the City of Ithaca to
Cortland .
- -- Pinckney Rd bridge , there is a problem with the state finances
at the present time and there is a possibility of doing away with
state funding on these kinds of projects throughout the state . The
amount of state funding for this project would run around
$ 100 , 00 . 00 . If this is not furnished by the State to get this
project going the County would have t � provide those funds . The
County might be liable for about $ 250 , 000 , 00 to replace the bridge .
There is no money at the County level to promote the bridge . They
are going to ask the state legistatore to work on this to prevent
the state from taking away the funds .
- -, ,- reported of the concern that Etna Community Assoc . has
✓ egarding the intersection of Rd 366 and Etna Lane . At their public
works committee meeting they invited someone from dYdDdT in
S yracuse to meet and discuss this situation with them . This it
being worked on and is goings to take time to improve the problem .
They discussed a d way stop sign , a stop sign , a flashing red and
Yellow light , or removing some land on the south side of Etna Lane
and moving the present house back . They plan to do a traffic court
there some time this spring .
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Nancy Terlk ,ate was concerned about raw sewage being dumped on the
L ucente property and what can be done about it ?
Co Rep Tillapaugh '- this was discussed at the public health meeting
and they are working on its The problem at the present time is
that the City of Ithaca wastewater treatment plant is not set up to
accept any sewage that has material that has been collected from
grease traps from restaurants . Until the grease trap problem is
✓ esolved they cannot force the haulers not to use that area .
H opefully this will be resolved within the next 3 months .
CITIZEN PRIVILEGE OF THE FLOOR
Mr Reed - wanted to knew the status about being able to hook up to
the present Varna water district .
S upv Schug - they did meet with Cornell and they are presently
w aiting for an answer back from them with a tentative pr^ o g r^ am or
agreement .
Millie Reed -- wanted to know what she would have to do if she was
allowed to hook on for the water .
Qtty Perkins - the Town would request a letter of understanding
from the developer that they will construct to Town specifications
the interconnections and obtain the necessary easements to bring
the water from the existing lines . You would have to enter into a
contract with the Town , whereby the Town water district will sell
w ater at a rate of 1 . 5 up until such time that area becomes part of
the district . Those agreements generally provide also for the buy
back by the Town at a depreciated schedule , the improvements that
were originally installed by the developer , if they became part of
the district . You should write a letter to the Town requesting that
w ith those understandings and the Town could than pass a
✓ esolution .
B eth Marano - She felt West Dryden is in big trouble with the
sewage dumping . She has spoken with a Grace Hedlund who lives at
the corner of Peruville Rd and Rt ,SA and said that a lot of homes
o n Rt 38 are contaminated with ecoli to are expense that they cannot
u se their water . Mrs Hedlund was told by the County that they were
not sure where the contamination was coming from . It was either
corning from the closed Caswell Rd landfill or the sewage sludge
pond . In that as is no one knows were it is coming from . Wouldn ' t
w e want to find out and get rid of these sludge ponds . Maybe she
should he going to the County with this , but being a resident in
the Town of Dryden she is very concerned about our health . Mrs
H edlund has a special filter on her drinking water and is seriously
ill from contamination corning from what she claims is the town
h ighway department . Mrs Hedlund does live in the Town of Groton ,
and this probably is not the Town of Dryden problem . However , she
r . • Cities not know if anyone in the Town of Dryden has become seriously
ill , but she does know that Duck Laboratories in Cortland have been
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monitoring Mrs Hedlund ' s well and told her that her contamination
is 20 times higher than it was in Jacksonville . She is concerned
about the houses in the Town of Dryden with this ecoli situation ,
and if the sludge ponds are doling this in the Town of Dryden ,, we w
should make sure that the County chases them .
Co Rep Tillapaugh - this is the Health Dept responsibility . With
✓ egard to the highway department and this lady ' s well being
contaminated the County did replace fuel tanks because there was a
small amount of leakage and the dirt was removed and replaced . This
lady has requested from the County information to what was taken
from there and what was put in and any toxic chemicals . The County
is in the process of getting this information for her . In terms of
pollution from the Caswell Rd landfill , the Health Dept has ground
w ells installed several year ago at different depths and the wells
are tested 4 times a year . All of these repots are public .
information and available ' at the Health Dept . There are also some
private wells in that area that are also tested .
B eth Merano - she felt the spreading and dumping of sewage was
totally unacceptable . She has contacted the Health Dept and the
✓ esponse she gets from John Andersson is that everyone is exposed
to these chemicals every day . She would like some help from Co Rep
Tillapaugh to talk with Mr Andersson to get some satisfaction with
this problem . •
411 Roger Lampile - with regar-d t _ testing of wells in the DR7 landfill
I site area . Frank Liguori is putting together, a program whereby he
is bringing in other people to consult with the task force . It is
the intent of the task force to start testing the water wells that
are closest to DR7 prior to construction . •
i Clm Evans - the Health Dept was instructed to came back with costs
for doing that testing and they were also considering the
possibility of sampling all of the wells down grade from DR7 and
taking a random sampling on the upper side . These plans will be
available for inspection and will have to be approved by the Board
o f PepreseotativeS .
111th - Genuog Circle was concerned about a subdivision that would
put a lot of houses on a small amount of acres in his area and
wondered if the board was working on the 5 acre building l of
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requirement toning for their hillside . This would take care of a
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lot of problems in their area which is already suffering from
e rosion , and has a potential water~ problem . The residents in the
E llis Hollow , herring Circle area would like the hoard to
cons
the 5 acre lot requirement .
Clm Evans - this has been r^ ephested to the Planning Board that they
✓ eview this hh tone as soon as possible . As soon as this can be
worked out this Board will be holding public meetings in your area .
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RESOLUTION NO . . 68 ( 19 89 ) AMEND ZONING ZONE
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Councilman Evans offered the following Resolution and
asked for its adoption :
W HEREAS , the Town Board has from time to time amended
t he Town of Dryden Zoning Ordinance including amendments
w hich were most recently passed and effective in April 1988 ,
and
W HEREAS , certain residents of the Town of Dryden have
requested a change in an area of the M - 1 Zone located near
H all Woods Road and which was created by the amendments to
the Zoning Ordinance effective in April 1988 , and
W HEREAS , this Town Board ought to be receptive to the
w ishes and desires of property owners affected by zoning
changes when it has been demonstrated that such change is
inappropriate for some or all of the area affected by such
change , and
W HEREAS , a change from M - A Zone classifaction to R - C
Zone classification will change the zone back to its
classification prior to the changes effective April 1988 ,
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WHEREAS , no property owner will be adversely affected
by such change to R -NC classifaction and in fact several
property owners have requested such a change for the area
affected by this resolution , and
NdNNNtSS , it is not the intention of this resolution or
any change to the Town of Dryden Zoning Ordinance to effect
any approvals which have been given prior to the effective
date of this amendment or to create any additional
requirements for any approvals , projects or construction
w hich have been given , are under way or in existence ,
NOW , THEREFORE , BE IT RESOLED BY THE TOWN BOARD OF THE
TOWN OF DRYDEN AS FOLLOWS
1 . Section 401 of the Town of Dryden Zoning Ordinance
as last amended is hereby amended as follows :
" Section 401 . All land in the Town of Dryden shall
fall within one of the established Tones as shown on a map
entitled " Town of Dryden Zoning Map " orginally prepared by
Egner and diederkorn Assoc . , Inc . and last revised 2 ! 10 / 88 " .
. The area to be effected by such change is • more
particulary described in the attached description . •
. 3 . The Town Clerk shall give the required legal
notices of such proposed changes and notice that a public
h earing will be held by this Town Board on the proposed
amendments to the Zoning Ordinance on _ ;iarct 14th
1989 at 7 : 30 o ' clock in the after _ noon of that day .
Second Councilman Oafbridg
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PROPOSED DESCRIPTION FOR ZONING CHANGE FROM M -A TO R - C
S ( February 19 89 )
RESOLUTION NO . 68 1989
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
D ryden , County of Tompkins and State of New York bounded and
d escribed as follows :
B EGINNING at a point in the centerline of Hall Woods Road at
the intersection of said centerline with the centerline of
H all Road ; proceeding thence and along the centerline of
H all Woods Road in a generally southwesterly direction and
continuing from said centerline on the same course to a
point in the centerline of New York State Route 13 ;
proceeding thence generally northwesterly along said
centerline to its intersection with the centerline of Lower
Creek Road ; proceeding thence generally easterly and along
t he centerline of Lower Creek Road to its intersection with
t he centerline of Pinckney Road ; proceeding thence generally
southerly and along the centerline of Pinckney Road to a
point in said centerline which is opposite the centerline of
H all Woods Road extended in a generally northeasterly
direction to a point of intersection of said extended
centerline with the centerline of Pinckney Road .
RE o uTIf1C NO . - 1989 JOIN`! SEWER AGREEMENT
-� - MONKEY RUN SEWER
arlocic
councilman offered the falLowi 'ng resolution and
asked for its adoption
WHEREAS , the Town of Dryden is a party to the Joint
Sewer Agreement dated December 22 , 1981 with the City of
Ithaca and Town of Ithaca and as amended from time to time ,
and
WHEREAS , the Joint Sewer Agreement contemplates sewer
service to a defined service area identified in the Joint
Sewer Agreement in Appendix III , and
WHEREAS , the Town of Dryden has formed the Monkey Run
S ewer District which district boundaries include some but
n ot all of the defined service area , and
WHEREAS , the Special Joint Sub - Committee ( SJS ) of the
participating municipalities has approved the amendment of
the Joint Sewer Agreement to include as a defined service
areas the area of the Monkey Run Sewer District which is
o utside of the defined service area and
WHEREAS , amendments to the Joint Sewer Agreements must
be approved by the ,governing bodies of the participating
municipalities ,
NOW , THEREFORE , BE IT RESOLVED , that the Town Board of
t he Town of Dryden hereby approves the amendment of the
Joint Sewer Agreement to include as a defined service area
Ilkthe area of the Monkey Run Sewer District which is outside
o f the defined service area in Appendix I / I to the Joint
S ewer Agreement , and be it further
RESOLVED , that the Town Supervisor is authorized and
directed to execute such amendment to the Joint Sewer
Agreement on behalf of the Town .
Seconded ; Councilman Hatfield
Roll call, vote - all voting Yes
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® COUNCILMAN PRIVILEGE OF THE FLOOR
Clw Walbridge - there is a request from the Planning Board that
they receive a booklet on planning titled All You Ever Want to Know
About Zoning .
RESOLUTION # 88 - 1989 AMEND ZONING MA ZONE
Clm Evans offered the following resolution and asked for its
adoption : ( copy in minute book )
2nd C1w Walbridge Roll call vote - all voting Yes
Clm Evans - this will basically put this section back to RC Zone as
it originally was . It is met to be put back to RC and should not
interfere with the Wilcox Press project which is already set up in
a Site Plan Review . The Board will deal with the buffer zone
properly on that site and this also protects Fall Creek , which the
MA Zone did extend to there .
S upv Schug - scheduled a public hearing on March 14th at 7 : 30PM
RESOLUTION # 69 - 1989 JOINT SEWER AGREEMENT
MONKEY RUN SEWER DISTRICT
Clm Garlock offered the following resolution and asked for its
adoption : ( copy in minute book )
2nd Clm Hatfield Roll call vote - all voting Yes
Town Clerk - sent copies to City of Ithaca Board of Public Works ;
Ithaca Town Clerk ; special Joint Sub - Committee at the Ithaca Area
W astewater Treatment Plant
RESOLUTION # 70 REAPPOINT LANDFILL_ ADVISORY
COMMITTEE REPRESENTATIVE - Charles Evans
Cirri Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board reappoint Charles Evans to the
L andfill Advisory Committee as the Town of Dryden representative
whose term will expire in 1991 ( 3 year term )
2nd Clw Walbridge Roll call vote - all voting Yes
ATTORNEY
RESOLUTION # 71 - 1 989 AMEND ZONING ORDI NANCE
REGARDING MOBILE HOMES
Clm Evans offered the following resolution and asked for its
adoption : ( copy in minute book )
2nd Clm Garlock Roll call vote - all voting Yes
• Supv Schug scheduled a public hearing on March 14th at 7 : 45PM
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RESOLUTION NO . 71 _ 1989 AMEND MOBILE HOME ORDINANCE
Councilman Evans offered the following resolution and
asked for its adoption ;
WHEREAS , the Town of Dryden has adopted the Town of
Dryden Zoning Ordinance and the Town of Dryden Mobile Home
Ordinance and certain amendments thereto , all of which make
✓ eference to the term mobile home , and
WHEREAS , that term is defined in the Town of Dryden
Mobile Home Ordinance and excludes from its definition any
structures which lack the certification required by the
U nited States Department of Housing and Urban Development ,
and which do not comply with the National Manufactured Home
Construction and Safety Standards , and
W HEREAS , it is the intention of and has been the
intention of both Ordinances to exclude from the Town of
D ryden any structure which does not .tit the definition of
mobile home as set forth in the Town of Dryden Mobile Home
O rdinance , and
W HEREAS , any such structure would also not comply with
Part 1221 of the State Uniform Fire Prevention and Building
• Code and therefore could not be used for dwelling purposes
u nless it were an existing non - conforming use , and
WHEREAS , the Town of Dryden should promote the health r
safety , comfort and welfare of people residing within the
Town of Dryden by restricting such structures which do not
fit the Town of Dryden definition of mobile hone , and
WHEREAS , it in necessary to clarify the .intention of
t he Town of Dryden ordinances in restricting such
structures ,
N OW , THEREFORE :
1 . The Town of Dryden Mobile Home Ordinance is amended as
follows
ARTICLE I . GENERAL is hereby amended by
renumbering Section 102 ( J ) as Section 102 ( J ) ( a ) Mobile Home
- and by adding thereto e new paragraph ( b ) Non - Conforming
Mobile Homes - to read as follows :
( d ) Non -Forming Mobile Homes . A structure which
would he a mobile home as herein defined except that it
lacks the certification required by the United States
D epartment of Housing and Urban Development and /or it does
n ot comply with the National Manufactured Home Construction
and Safety Standards shall referred to as a " non - conforming •
mobile name " .
ARTICLE II : INSPECTION AND ENFORCEMENT is hereby
amended by adding a new subsection ( c ) to Section 201 to
✓ ead an follows :
( c ) Non - conforming mobile homes are not
permitted in any zone in the Town of Dryden .
2 . The Town of Dryden Zoning Ordinance is amended as
f ollews
ARTICLE III . DEFINITIONS is hereby amended by
n umbering the first two paragraphs as Section 300 and
S ection 301 and by adding thereto new Sections 302 and 303
as follows
Section 302 . Sections tti ( d ) ( a ) and ih2 ( t ) ( b )
( Definitions ; Mobile Home and Non - Conforming Mobile Home ) of
the Town of Dryden Mobile Home Ordinance shall apply to thin
ertirranre . .
•
•
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0
2 - 14 - 89 page 7
IIIAtty Perkins - reported on the proposed Cortland Rd Water Dist that
the well driller has been held up by the cold and wet weather , and ''
h as not received authorization back from the engineers to proceed .
He hopes to be able to do this work by the end of the week and will
report to Atty Perkins all ir� fcrmatior� about testing the well .
--- Board members have the draft report regarding the proposed
Turkey Hill Water & Sewer Dist . There some questions that have to
be answered and more closely identified before a public hearing is
h eld .
- - - he does not have a report yet on the proposed Yellow Barn Water
D ist from the consulting engineer , but hopes to have something by
next meeting .
- - - the Town has received correspondence from the Guthrie Clinic
asking that they be permitted to construct their own septic system
and drill their own well on the Guthrie Clinic site . He responded
to them stating that this was in violation of their terms for Site
P lan approval . They had asked for and requested permission to
connect to the Monkey Run Rd water and sewer district , which was
made a condition of the permit for site plan approval . If they dog
riot want to hook up than they will have to make application all
over again for Site Plan Review approval . Guthrie Clinic has
indicated that they will be in touch with the Code Enforcement
Officer to start the review all over again .
- - - with regard to Royal Rd , he has talked to counsel for the
G uthrie Clinic and was promised that the proper documents were
executed by the president of the clinic and forwarded to him right
away . Hopefully he will receive them tomorrow .
TOWN CLERK
RESOLUTION # 72 RECORDS RETENTION & •
DISPOSITION SCHEDULE MU - 1 u� ^
Clrn Garlock offered the following resolution and asked for its
adoption :
RESOLVED , by the Dryden Town Board of the Town of Dryden that
Records Retention and Disposition Schedule MU - 1 , issued pursuant to
Article 57 -- A of the Arts & Cultural Affairs Law , and containing
legal minimum retention periods for municipal government records ,
is hereby adapted for us by all municipal officers in disposing of
municipal government records listed therein .
FURTHER RESOLVED , that in accordance with Article 57 - A :
( a ) only those records will be disposed of that are described
in Records Retention and Disposition Schedule MU - 1 after they
have met the minimum retention period prescribed therein ;
( b ) only those records will be disposed of that do not have
sufficient administrative , fiscal legal or historical value to
• merit retention beyond established time periods .
2nd Clm Hatfield Roll call vote - all voting Yes
...... - = -
•
T 0L1 YET ON FOR TOWN I-MTG1NAY E3Q UTP 4UlN'l' PURCI D ST'S /173
C1m Hatfield
'RESOLUTION BY
SECONDED BY Clm Garlock
WHEREAS F 'THE .TOWN SUPERINTENDENT OF HIGHWAYS DID , ON THu 14th DAY Or March
19 89 . DULY RECOMMEND THE PURCHASE or CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS OF
SECTION 142 of THE HIGHWAY LAW ,
NOW , THEREFORE , RE IT RESOLVED THAT THE TOWN SUPERINTENDENT OF HIGHWAYS IS AUTHOR I ZED
TO PURCHASE , tN ACCORDANCE WIT“ THE PROVISIONS or ARTICLE 5 - A OF THE GENERAL MUNICIPAL. LAW ,
TIC FOI # OWI one ( 1 ) new . and unused Mack 1989 single axle with snow equipment
and material spreader . From Beam Mack for, $ 74 , 590 . 00 delivered by
September J. . 1989
•
•
FOR A MAXIMLJ� t PRICE of Seventy four thousand five hundred ninety DOLLARS .
IS 74 , 590 . 00 lip DELIVERED ED AT
61 fast Main Street , Dryden N Y
BY . . pDI}caber . 3- I s . 9 . . .
4
THE TOWN SURER 3 NTENDENT OF HIGHWAYS I S AUTHORIZED TO SURRENDER TO THE VENDOR
0 THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - IN VALUE OF , $
•
A CONTRACT FOP ' THE I TEM I S ) PURCHASED SHALL BE DULY EXECUTED IN DUPLICATE SET wEEN
THE TOWN SUPERINTENDENT Or H 1 GHwAYS AND SUCH VENDOR , WHEN THE CONTRACT HAS BEEN
EXECUTED AND APPROVED , AND UPON DELIVERY of THE ITEIIS } PURCHASED , THE SUPERVISOR
SHALL PAY THE FOLLOWING AMOUNTS AS SPECIFIED . . .
•
1 • S 7 } , -. . mom BUDGETARY APPROPRIATIONS FOR PURCHASE OF EQUIPMENT
•
2 . , S FROM TliE PROCEEWS OF OBLIGATIONS ISSUED PURSUANT TO
LOCAL FINANCE LtkII7 , - AUTHORIZED BY SEPARATE RESOLUTION . I
3 . , $ INSTALLMENT PURCHASE- - SPECIFY TERMS
74 590 . 00 .
VOTE OF TOWN BOARD [ AYE ; i n James SChi.I SUPERVISOR
VOTE OF TOWN DOARD ( AYE ) RiX44 Charles Hatfield TOWN COUNCILMAN
VOTE OF TOWN BOARD I AYE ) 11 W Charles Evans TOWN COINC I LMPN
vbTE OF TOWN BOARD I AYE ; faXig L > $ JJ . cer1Qc>{. rowN COUNalLmAN
VOTE OF TOWN DOARQ { AYE N MP= Margaret . WT3lbrtdge TOWN COUNCILMAN
•
TYPE OR WRITE IN NAMES OF TOWN BOARD AND INDICATE HOW THEY VOTED .
;13
117.501.1 J I J ON FOR TOWN HIGHWAY EQU 1 PM I,N'X' PIJ110 RSPB #. 74
RESOLUTION BY Clm �1 tFicld
' M
Cllr Garlock
SECONDED BY
WHERE . THE , TOWN SUPERINTENDENT OF HIGH wAYS DID DID , ON THE 14th DAY OF March
AS . ,
19 89 DULY RECOMMEND THE PURSE Or CERTAIN EQUIPMENT PURSUANT TO THE PROVISIONS or
SECT1OR E4Z or THE HIGHWAY LAW ,
Jvow , THEREFORE , SE IT RESOLVED THAT THE TOWN SuPERINTENDENT or- H J GKWAYS IS AUTHORIZED
TO PURCHASE , IN ACCORDANCE WITH. THE PRDVtSIoNS OF ARTICLE 5 - A OF THE GENERAL MUNICIPAL LAW ,
- ' one ( t new and unused tuck 1989 , fain . { 4L wl- e1
THE FOLLOW Ind . . . . . . . . . . � � . . S� F7•Y� . ;�Ii4[�T , ? qviPmenlr ,
. . . . . . . . . . . . . . dump` body and materia '1 spreader . . . . . . . From Seam Mack f. car . , 1OQ t 194 , 90
delivexg1, J Y. Sgpt rnber , 19, . 1989
•
•
•
FOR A MAXtmum PRICE OF One Hundred thousand one hunred ninety .four
DOLLARS ,
i S 100 , 194 . G° . . 1 1 DEL1vERED AT . . . . 1 Eas . tilaip . x . 17rvd N Y
Hy September 1 19 89
• HE TOWN SUPER I NT'ENDENT OF H i GHWAYS I S AUTHORIZED TO SURRENDER TO THE VENDOR
dik THE FOLLOWING EQUIPMENT AT AN AGREED TRADE - IN VALUE OF , *
•
A CONTRACT FOR VHE ITEM (S) PURCHASED SHALL BE DULY EXECUTED JN DUPLICATE BETWEEN
THE TOWN SUPERINTENDENT or HIGHWAYS AND SUCH VENDOR . WHEN THE CONTRACT HAS EIEEN
EXECUTED Ann APPROVED , AND UPON DELIVERY OF THE I TI'ZNI ( S ] PURCHASED , THE SUPERVISOR
SHALL PAY THE FOLLOWING AMOUNTS AS SPEC1FJED . . .
1 . 1'00 , 194 . 00 FROM BUDGETARY APPROPRIATION$ FOR PuncHASE OF EQUIPMENT
. $
•
man THE PI#OCEEDS CF OR3L I GAT I ONS ISSUED PURSUANT TO
•
LOCAL FINANCE LAY! . - AUTHORIZED JlY SEPARATE RESOLuTiorft 4
•
1
3 . $ INSTALLMENT PURCHASE - SPECIFY TERMS
].0{1 , 194 . 00
VOTE OF TOWN BOARD ( AYE ] ( API J ii qS Sghlig SUPERVISOR
VOTE OF TOWN BOARD . ( AYE a ( . . . - , ,C;T Xlq.s , gt,- i e1d TOWN COUNc I LMJtN
VOTE OF TOWN HOARD ( Alt ; (Xtaa Chn3;1ss bars TOWN COUNCILMAN
VOTE or TOWN BOARD ( AYE ) (tTedt9 Md. fax l nc lc . TOWN CQLNc r LMAN
VOTE OF TOWN BOARD ( AYE 1 (WAN Matgaret .Wa LI-uidge- , • . TOWN COUNCILMAN
•
TYPE OR WRITE IN NAMES OF Town UQARD AND INDICATE HOW THEY VOTED .
Ahi
2 - 14 - 89 page 8
ZONING OFFICER - report given to Board members .
There was some discussion about getting a computer for the Zoning
9 9 P
O fficer and decision was tabled until there was more information
available .
Z . 0 . Slater - was concerned about farm machinery , . farm equipment
that may or may not have any value and wanted to know how it fell
w ithin various sections of the zoning ordinance . In the ordinance
it specifically addresses motor vehicles and does not address
anything else other than trash or rubbish . He doubted that
e quipment could be considered trash or rubbish . There was some
d iscussion and no decision was made .
H IGHWAY SUPERINTENDENT
RESOLUTION # 73 ACCEPT BID FOR 1 TWO WHEEL
DRIVE WITH PLOW AND SANDER
Clm Hatfield offered the following resolution and asked for its
adoption : ( copy of original in minute book )
2nd Clm Garlock Roll call vote - all voting Yes
RESOLUTION # 74 ACCEPT BID FOR 1 FOUR WHEEL:
DRIVE WITH PLOW AND _SANDER
Clm Hatfield offered the following resolution and asked for its
adoption : ( copy of original in minute book )
and Clm Garlock Roll call vote all voting Yes
RESOLUTION ## 75 AUTHORIZATION TO BID GUARD RA.I I=
ON COUNTY AND / OR STATE BID PRICE
Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that the Town of Dryden accept County and / or State
pricing for the purchase of guard rails for town highway purchases
f or the year 1989 .
and Clrn Evans Roll call vote - all voting Yes
RESOLUTION ## 76 ADVERTISE FOR LIDS
_TO SELL - 1969 BROCKWAY DIESEL TRACTOR
Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize Hwy Supt Gilbert to
advertise for bids to sell one 1969 Brockway diesel tractor with a
1987 chassis , and the money that is received from the sale of this
equipment be put back in the equipment line in the highway budget . .
and Clm Evans Roll call vote - all voting Yes
CORRESPONDENCE
Ambulance report
Dog report
5
2 - 14 - 89 page 9
Atty Perkins - with regard to the state grant for the construction
of the Dryden Lake park facilities there is an opportunity to apply
for more state grant money under the Environment Quality Bond Act
f or funds to upgrade and establish the abandoned Lehigh Valley
railroad r - o - w from the Village of Dryden to Dryden Lake park .
RESOLUTION # 77 AUTHORIZE TOM NEIDERKORN
TO APPLY FOR GRANT MONEY DRYDEN LAKE
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize Tom Neiderkorn to apply
for more grant money at a cost not to exceed °$ 500 . 00 with regard to
D ryden Lake recreation area .
2nd Clw Walbridge Roll call vote -- all voting Yes
RESOLUTION # 78 APPOINT COUNTY YOUTH BOARD
REPRESENTATIVE - Mary Ellen Macrina
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board appoint Mary Ellen Macrina as the
Town of Dryden representative to the Tompkins County Youth Board .
2nd Clm Hatfield Roll call vote - all voting Yes
RESOLUT,ION # 79 CHANGE ORDER FOR MONKEY RUN
WATER AND SEWER DISTRICT
Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board authorize a change order for Monkey
Run Water and Sewer Dist . to increase amount of $ 10 , 166 . 65 t o Stan
P ayne Construct ion .
2nd Clm Hatfield Roll call vote - all voting Yes
RESOLUTION # 80 AUDIT GENERAL FUND BILLS
Clm Hatfield offered the following resolution and asked for its
adoption
RESOLVED , that the general fund bills be paid as audited $ 72 , 149 . 67
2nd Clm Evans Roll call vote - all voting Yes
RESOLUTION # 81 AUDIT HIGHWAY FUND BILLS
Clm Garlock offered the following resolut ion and asked for its
adoption :
RESOLVED , that the highway fund bills be paid as audited $ 38 , 233 . 93
2nd Clw Walbridge Roll call vote - all voting Yes
RESOLUTION # 612 AUDIT SPECIAL. DISTRICT BILLS
I . Clm Hatfield offered the following resolution and asked for its
adoption :
RESOLVED , - that the special dist bills be paid as audited $ 20 , 312 . 28
2nd Clm Evans Roll call vote -- all voting Yes
TOWN OF DRYDEN • DRYDEN, NEW YO :LZK
P. O. BOX 516 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053
607-844-9120 In rite Heart of the Finger Lakes Region
ZONING OFFICE
Date : February 14th , 1989
To : James Schug , Dryden Town Supervisor CC : All Town Board Members ``
Dryden Town Hall ( Dryden Town Clerk , Susanne Lloyaq
Dryden , New York Dryden' Townt Atty . , M . Perkins
From : Henry M . Slater , Zoning a Building Code Enforcement Office
Town of Dryden
Dryden , New York 13053
Sub ' : January 89 Action
Dear Jim :
During the month of January 89 , there were 11 Building Permits issued
and are as follows :
( A - 1 ) , Single - family with attached C - 4 . 1 private garage , ( 1 )
( A- 1 ) , Single - family single -wide mobile home , ( 1 )
41111 ( A- 1 ) , Re - issue expired single - family permit from 1985 , ( 1 )
( A - 1 ) , txtend an existing single - family structure , ( 2 )
( A- 1 ) , Repair structural fire damage of single - family , ( 1 )
( C - 4 , 2 ) , Erect a commerical storage - structure ( 1 )
( C- 4 . 2 ) , Extend an existing commerical storage - structure , ( 1 )
( C - 4 , 1 ) , Erect a private storage - structure , ( 2 )
( C - 4 , 1 ) , Extend an existing private storage - structure , 0 )
11
Certificates of Occupancy / Compliance , issued January 89 .
Certificates of Occupancy Certificates of Compliance Total
1989 Occupancy 0 1989 Compliance 3 ( 3 )
1988 11 3 1988 o ( 3 )
1987 2 1987 O ( 2 )
1986 1 1986 0 ( 1 )
9
Fire Investigations :
There were ( 5 ) Fire investigations completed in January 89 .
Fire Safety Inspections , Business and Multi - Residences ,
There were ( 15 ) Fire Safety Inspections completed in January 89 of Business
Establishment , . There was ( 1 ) Multi - resident Structure completed .
There was ( 1 ) variance hearing in January 89 for , Fred & Anne Carvell of
703 Peruvi l le , Road Groton , N . Y . They were requesting a variance for a swimming -
pool which has been installed to close to the side - lot line . After careful
consideration , the board approved the request of 5 - 0 .
Zoning Violations :
During the month of January $ 9 , there were 6 Zoning violations issued for
motor vehicle issues . All have been corrected and the files closed .
44
2 - 14 -89 page 10
1 III RESOLUTION # 8 AUDIT C_ AP I TAL fFUND BILLS
p Clm Garlock offered the following resolution and asked for its
adoption :
RESOLVED , that the capital fund bills be paid as audited
$ 330 , 275 . 13
2nd Clw Walbridge Roll call vote - all voting Yes
JUSTICE REPORT - $ 10 , 189 . 00
FINANCIAL REPORT - given to Board members
COMMITTEE REPORTS
Clw Walbridge - reported that the residents in the Ellis Hollow
area were concerned that their children in the Ithaca School Dist
would not be able to participate in the . Ithaca Youth programs . The
residents have heard unofficially that their children who live in
the Town of Dryden , but Ithaca School Dist would not be able to
participate even if they wanted to pay for the programs .
Clm Evans - in Tompkins County there is no county youth bureau . The
City Youth Bureau preforms the funct ion that is normally done by
the County . The City wants to keep their municipal youth bureau and
the City has been paying the services for the county and getting
very little contribution in return . This is a matter that will have
to be looked at , because there are separate issues . The Ithaca City
Youth Bureau contracts with the County Mental Health Board to
provide certain services for the disabled . The programs are state
mandated to take all individuals in the county if they have that
contract and receive 50 per cent funding from the state . The City
has no choice but to serve those people and yet they have to pay
the 50 per cent for city taxes . The programs that are mandated in
such away where they are state supported , the county should
contribute the other half because they are in fact county wide
programs approved by the County Mental Health Board . There are also
programs which are complimentary to the school districts and there
are two school districts within the same town . Also the Ithaca City
School District does not have to have their budget passed by the
public , which Dryden School District does have a vote from the
public . He is not convinced that it is the responsibility of the
Town to support somebody going to a soccer camp , that is the
responsibility of the parent . There are some programs that deserve
support , but not all of them . There was some discussion .
•
Clw Walbridge - reported that the Planning Board will be looking at
the RA Zone at their Thursday meeting
Clrn Evans -- he will be attending a meeting on Feb 22nd at the
Dryden Fire Station regarding a possible proposal for a retirement
system for the fire companies within the town . He would like to
know the number of firemen in each fire company .
— ae
2 - 14 - 89 page 11
S upv Schug would like the building6and grounds committee to look at
the needs for the town and check with the people that work at the
Town Hall for their input .
Report from Mr Hutchinson for student housing project on Mt
P leasant Rd
There was discussion regarding the water and sewer purchase
agreement .
•
Atty Perkins - there are three basic agreements . 1 - agreement has
to do with the construction of the original improvements for water
service and the sale of water to the user . 2 - agreement has to do
w ith the same basic topics but deals with the construction of the
o riginal sewer lines , manholes , pumping stations , etc that are
✓ equired . 3 - comprehensive agreement that has to do with the buy
back by the Town acting through any future water or sewer districts
o f the improvements that were installed at a depreciated value . The
sale of water or sewer by a district to an out of district user is
authorized on a case by case basis by the district . The concept in
these agreements is that since the consumer is not part of the
d istrict they have to pay a premium for the services . They would
pay for the o,original, construction . They would pay a rate of 1 . 5
o f what the original district user would pay . This is a premium
because they are not part of the district and it is an incentive of
the district to contract with them and allow water and / or sewer
through district lines without them being part of the original
o bligatory parcels that are benefited . Any customer of a water or
sewer district that is not a district user is not liable for the
benefit assessment .. They are only liable by contract for what they
actually use and for the services . This is why the rate of 1 . 5 is
set up for the differences between the district customers and non
d istrict customers . According to the bond counsels it is not
u ncommon to see a rate of 1 . 5 , 1 . 75 or even 2 times the rate for
o ut of district c ust omers . One reason the rate is set at a higher
✓ ate is to help more quickly reduce the bond indebtedness of the
d istrict and because they are not in the district . The other reason
is that presumably if they are having to pay more than straight
✓ ate because they are not a district customer they will be in
favor and helpful in forming new districts so that they can come in
at a straight rate . The rate of 1 . 5 is contemplated as 1 . 5 only
u ntil such time another district is formed , at which time they
w ould be part of that district . Therefore they would be a customer
and the 1 . 5 rate would be extinguished and they would have the
f acilities they originally constructed and bought back by the
d istrict if the district be so advised at the depreciated value .
You should look at the purchase price to be determined for the
improvements , and what kind of a schedule you want to use . He has
set forth a 10 year schedule . Example in year one •- following the
construction of the certified cost if a new district were to be
formed to come on lime the out of district customer would get 100 %
back - year two -- he would get 90 % and this can be set up on any
411 schedule you would like , 10 , 15 , or 20 years .
Lel
E - 14 - 89 page 12
Clm Evans - felt that the schedule should be at least 20 years , but
La , . . , § Would bd Nord 1ppropriatd , Th@ value of those lines at the
e nd of that time for the actual physical depreciation at that time
w ill be negligible
RESOLUTION # 84 SCHEDULE FOR DEPRECIATION
OF WATER AND SEWER LINE , 1
Clm Evans offered the following resolution and asked for its
adoption :
RESOLVED , that this Town Board adopt a 25 year depreciation
schedule for water and sewer lines .
2nd Clm Hatfield Roll call vote - all voting Yes
Atty Perkins - you should set your rate schedule for out of
d istrict customers at 1 . 5 rate or something greater than that . You
w ill be setting precedent here , because there will be other
applications that might be applied for in different areas .
Clm Evans -- There was considerable discussion about some meeting
w here Wilcox Press had been promised the standard rate and wanted
to knew if Roger Lampila had any insight on the matter .
I
Roger Larnpila -- this was discussed at an informal meeting late in
S ept and there were 3 Town Board members at that meeting . It was
discussed and there was no mention of anybody not agreeing to do •
it . There was no mention by anybody at that meeting that they were
n ot in favor of the straight rate .
Clw Walbridge - did not feel bound by an informal meeting . If the
Town Board had passed a resolution saying that or a public hearing ,
she would perhaps change her mind . She did not think that an
informal conversation should bind the Town Board in any way . Any
conversation that she has heard by the Town Board at any regular
meeting has always been 1 . 5 rate and did not feel that Wilcox Press
should get preferential treatment .
Clm Evans - any discussion that he had been involved with the Town
B oard had always been 1 . 5 .
Roger Lamella - wanted to know if there was an analysis of what the
costs will be ? When you are talking 1 . 5 rate are you talking
solely for the water or does that include the assessment and
payment of the line ?
S upv Schug - the user owns his own line , but would pay 1 . 5 rate
strictly for water and sewer services .
Roger Lampila - he is not helping to pay off the physical bond
issue of the original bonds ?
IIPSupv Schug - no he is not .
"Yq
2 - 14 - 89 page 13
I
C1rn Evans - in a normal assessment of a water district every
® property owner in that district is assessed in some form to pay for
the installation of the capital improvements . This is generally
based on such things front footage , assessed value etc . In these
situations the user has paid for up front that which he would
I
n ormally be paying for if he was part of the district and in some
form that would appear to be relatively equivalent since that line
is going across his land .
Atty Perkins - the intention of the agreements are that you would
take the assessed value of Wilcox Press and all the other factors
that go into the formula . You would figure out that if Wilcox Press
w as in the district what they would pay as a district customer and
then multiply that benefit assessment by 1 . 5 rate . They would also
buy water at 1 . 5 rate . They would be helping to pay off the
o riginal improvements to get the water to their site and they are
getting back the cost of their original construction on their site
in the 25 year payback , if the water district goes in . The
incentive to the sewer and water district is that they have a
customer who helps pay off the bond of indebtedness more quickly
than just the sale of water .
Clm Evans - with regard to Wilcox Press and Guthrie Clinic . If you
set the formula on assessed value the assessed value of Guthrie
Clinic will be peanuts to the assessed value of Wilcox Press . He
w ould really have to consider this .
® Atty Perkins - the intention is to treat them for purposes of
determining what their contribution is . So they would pay 1 . 5 times
w hat they would pay if they were in the district .
•
Clm Evans - if one of the factors was road frontage or pipe line
doing across the property , which they have already paid for
basically will they be double taxed for that as part of the formula
as well ?
Atty Perkins - it is treated as a service lateral .
Roger Larnpi la - it seems to him that the 1 . 5 rate was for the
purchase of water and the additional half rate was to offset the
cost of the capital structure that the original district owners had
to pay . This he could understand , but to tack on 1 . 5 rate on top of
the capital he can not understand .
Clm Evans - when a new district is formed they will get assessed
for some kind of cost for the transmission through the other lines
w hich will help pay for it at that time .
• Atty Perkins - at that time his payment will go down because the
n ew district will do 2 things . 1 - it will help pay for the
purchase of the lines he put in and be charged a fee for the
transportation, through other district lines that are already in
1
2 - 14 - S9 page 14
place . If you are only talking of charging 1 . 5 rate for the actual
(11 water , you are talking peanuts . There is no incentive for anybody
to cooperate because that will not make a dent in the debt service .
He will have a better deal that the regular district users .
Roger Lampila - wanted that clarified .
Atty Perkins - compared to what you could get from there as if he
w ere part of the district he would be a major contributor then to
the original construction cost . He is getting a favorable bond rate
through municipal help , a business tax investment exemption of 50 %
f or 10 years . They will be getting a lot of help from the Town .
There was considerable discussion and Atty Perkins said that he
could get some figures together for next months meeting . You
should also be thinking about maintenance of parts that are
installed but not part of the district yet .
Roger Lampila - wanted to know if the decision was tabled on the
f ormula until next meeting ?
Atty Perkins -- discussion is tabled on what the rate will be . The
formula will not be set until sometime in November at budget time .
Roger Lampila - they have understood from sources outside Wilcox
P ress that they have stopped . They have ordered all of their
contractors to stop progress on this project until this matter of
o ut of district charge has been settled . He did not feel that it
should wait another month without Wilcox Press knowing this .
Atty Perkins - thought that this should be found out if this is a
true statement or not and felt that the Town should know .
S upv Schug -- even if the Board decides on 1 . 5 rate Wilcox Press
w ill still not know what the formula will be NYSE & G would also
like to know this information .
Atty Perkins - regarding the Joint Sewer Agreement that the Town
is near capacity . He has put in the agreement that upon the event
the Town exceeds their capacity that the contracted party will
purchase the excess capacity as needed in order to continue
service . This would be contingent upon the amendment of the joint
sewer agreement again that further defines the service area .
Adjourned : 10 : 30PM
Susanne Lloyd
Town Clerk
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