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HomeMy WebLinkAbout1991-10-22• u W TOWN BOARD MEETING OCTOBER 22, 1991 PUBLIC HEARING #1 ZEBRA MUSSEL LAW Supv Schug called the public hearing to order at E:30PM Roll call was by the Town Clerks Present: Supv Schug, Clm Roberts, Clrn Walbridge, Clm Hatfield, Clm Corrigan and Atty Perkins Supv Schug read the no_ntice that was published in the newspaper (copy in minute book) QUESTIONS AND /OR COMMENTS Atty Perkins - the town board which was conducted by the Ito 1 approved the amendment to the project. This will put in the for this project. The towns sh apportioned among the respecti Bolton Point water, Closed public: hearing 0:45pm previ0usly approved the SEUR review ton Point Commission and you also intermunicipal agreement for this place the authority to borrow money are will be1I,32.UQ and will be ve districts that benefit from OCTOBER 22, 1991 PUBLIC HEARING #2 PROPOSED LOCAL. LAW 4 *2 - 1991 Supv Schug called the meeting to order at 6n4SPM Supv Schug read the notice that was published in the newspaper concerning the proposed local law cross connect ion control law. (copy in rninUte book) . QUESTIONS AND /OR COMMENTS Atty Perkins - the difference between this Proposed local law and the one previously adopted by the town board in March is that part of the focal .law which implements itself has been taken out of the local. law and is subject to an agreement between the Participating municipalities. The thought being that it is a lot easier to amend the agreement as things change. Closed public hearing 7:O0pw /37 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Dryden, Tompkins County, New York, will meet at the Town Hall, 65 East Main Street, in Dryden, New York, in said Town, on the 22nd day of October, 1991 at 6:30 o'clock p.m., Prevailing Time, for the purpose of conducting a public hearing relating to the proposed joint increase and improvement of the facilities of Dryden Water District No. 1, Snyder Hill Water District, Monkey Run Water District and Hall Road Water District in said Town, consisting of the purchase and installation of a sodium hypochlorite chemical feed system at the Raw Water Pump Station at Bolton Point, together with approximately 400 linear feet of 6 -inch carrier pipe 4 containing 1 -inch chemical feed and sample lines, chlorine defuser rings, a protective shroud mounted on the intake screen structure and other incidental improvements and expenses necessary in connection therewith, at an initial maximum estimated cost to said Districts of $11,922, at which time and place said Town Board will hear all persons interested in the subject thereof concerning the same. The remaining $288,078 of the overall cost of this project shall be initially apportioned and allocated to the villages of Lansing and Cayuga Heights and water districts in the Town of Lansing and a water improvement area in the Town of Ithaca. Joint indebtedness shall be issued for this project. The maximum estimated cost of this joint project is $300,000. Such cost shall be annually apportioned among such Districts Oby said Town Board and the amounts so apportioned shall be annually assessed upon all the taxable real property in each such District at the same time and in the same manner as other Town charges, in an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within 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. The aforesaid project has been determined to be an Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects. 1 DATED: Dryden, New York October 2, 1991 0 BY ORDER OF THE TOWN BOARD OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK By i EI n U NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW NO, 1 OF THE YEAR 1991 LEGAL NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden will hold a public hearing at the Town Hall, 65 East Main Street, Dryden, New York, on the 22nd day of October, 1991, at 6:45 o'clock P.M. prevailing time, to hear all interested parties and citizens for or against the proposed Local Law which to be known as the Cross - Connection Control Law (or CCC Law). The purpose of the Local Law is to establish a local Cross - Connection Control Law to implement a comprehensive and effective backf low prevention program for water systems in the Town of Dryden. The Local Law would apply to all water supply systems that are furnished water from the "Bolton Point" Water Commission. The requirements generally apply to those premises and water systems which have an auxiliary water supply and to water systems supplying premises on which any substance that is unusually toxic or a danger to human health is kept, handled or present and to premises handling supplied water under pressure whereby process waters and waters originating from the public water supply may be subject to deterioration in sanitary or chemical quality. Copies of the proposed Local Law are available from the Town Clerk, 65 East Main Street, Dryden, New York during regular business hours. Town Board of the Town .of Dryden by Susanne Lloyd, Town Clerk El I L Ithaca Jiro urna.l. News 12'3 111. State Streut Ithaca, New Yc.%rk At t n : Donna Carr, t.. e. ra,�. 1. Pods T''LE ASE PUBLISH the fol lcwi'I°Ig L.E=GAL. NOTIC�h rl::, later than WCI)hdE "SDf-)Y OCTONER 1E th, 1991 and bill. the TiDwri of Dryden. PLEIPSE TAKE NOTICE that the T,_own Roard cof the Town cvf Dr•YdF`•n will hold a public hearinq to eIar•Isider are appl icat iorl for a Special Permit fr °_irn Marie Cevare P 31_lSeph C.l.CII_trgh Of 65 Ulhcel.er` Ave. Cortland, New York lairA "Big Ni,iy ToysO, tt�o estes.,1l7lirh a r,et,,;.l 1 "1I_ltIet f -it rem_ite co rot ri:1l. led to "oys wit in ar, existing sit ruc I.: ur 12 clF 98 Ci nrt 1 and Rcoad Dryden, New Ylnrk. SAID HEARING will be I' M. prevailing time Dryden, New York. at given an oppor•tl.mity by agent . DPTEDm oc °TCJPF_R 9 th, 0k- N �� 6tz HE:rWy M. Slater ;Z ning nff'i.r,.er^ grown of Dryden held c-or, -TUESDAY OCTOBER at the Dryden Town Hall, which time all interested t o be heard. f?errorls nuiy 1991 nd, t991 at G5 E. Plain Strer_t persons will be appear in persori James Schug, Dryden Train Supervisozor All Dryden Town Boar-cl Meiviber., Mahlon R. PeH4.ins, Dryden 'Town Attorney Gelzorge Sch 1 ech t, Engineer The Tompkins County Planning N pavqtfllerlt f;Iusarlrre L1l�lyd, Dryden Tom, -, C1e3rk All Prcperty Owr-iers, wi.t-hirl :If Project -.tY I 0 TB1G -22 -91 page 2 OCTOBER 22, 1991 PUBLIC HEARING #3 BIG BOY TOYS, 298 C_irt1and Rd. Supv Schug called the public hearing to order at 7 ""OOpm Supv Schug read the notice that was published in the newspaper concerning the applicatic.on of Marie Cevare & .Joseph Clough (copy in minute book) QUESTIONS AND /OR COMMENTS Marie Cevare - it will be a hobby shop and supply store, They will be selling radio controlled brats, airplanes and trucks. They would like to have store hours from 1 C_i s 00AM to-.% 9 s 4OPM 7 days a week at least until the first of the year. Clror Roberts - wanted to know if it would be mail order or over the counter. Marie Cevare - to start with it will just be over the counter sales, C1m Roberts ° wanted tory make sure that the entrance was from Rt 13 and the exit was on Livermore Rd. Also wanted to know if they would be doing denyit_nnstrations _outside. Marie Cevare •- no because they models are to big.and would require a lot of space for% demoristrat ion purposes. Closed pUbl is hearing 7s 10PM TOWN BOARD MEETING OCTOBER 229 1991 SLIpv Schug called the town biaard meeting to order at 7: lOPM Members and guests participated in the Pledge of Allegiance. RESOLUTION #188 NEGATIVE DECLARATI ON SEUR REVIEW _BIG BOY TOYS C1m Walbridge offered the f!illowinq resolution and asked for adoptions RESOLVED, that this Town Board declare a negative declaration the short EAF form that was submitted with the application. 2nd C1rn Corrigan Roll call vote - all voting its for Yes i 3 f1 RESOLUTION NO. 189 (1491) O SPECIAL PERMIT FOR. MARIE CEVARE & JOSEPH CLOUGHARN D /B /A BIG BOY'S TOYS 298 Cortland Roau Councilperson Walbridge offered the following resolution and asked for its adoption: RESOLVED: 1. That the Town Board hereby finds as follows: a. The requirer Ordinance Section b. The location, proposed project w neighborhood, rents of the Town of Dryden Zoning 1303(1) have been met. use and nature and intensity of the ill not be in conflict with the zone or C. The proposed use will not be more objectionable or depreciating to adjacent nearby properties by reason of traffic, noise, vibration, dust, fumes, smoke, order, fire hazard, glare, flashing lights or disposal of waste or sewage than the operation of allowed used within the zone in which the project is situate. d. The project and proposed use will not discourage or hinder the appropriate development use of adjacent properties of the neighborhood. e. Since the proposed use is located adjacent to open agricultural land and other commercial uses and is within an existing structure which will not be modified in its exterior appearance, no screening by means of a landscape buffer strip or suitable fencing is required. f. The health, safety and general welfare of the community will not be adversely affected. 2. The Town Board of the Town of Dryden hereby grants a Special Permit to the applicant for the proposed use subject to the following conditions: a. The Environmental Assessment Form prepared in connection with the project is approved and accepted based upon the fact that the project will have no adverse environmental impact. A negative declaration is to be filed. b. The project shall be constructed & operated according to the plans submitted by the applicant and approved and filed with the Town of Dryden. e c. That the project during and following construction shall comply with all applicable Town, County, State and Federal laws, statutes, codes, ordinances, approvals and rules and regulations. d. That the project during construction and upon completion shall not constitute a public or private nuisance. e. That if municipal water or municipal sewer is available to the site the applicant shall connect to the same upon notice to do so from the Town. f. That should the Town require easements for municipal water lines or sewer lines and necessary appurtenances in connection with the construction of a municipal water system or sewer system the applicant, its successors and assigns, must grant the same to the Town without the necessity for compensation. g. That the rate of discharge of surface water from the site not be increased during or following construction and that measures be taken by the applicant to insure such control of the discharge of water. Any drainage improvements constructed by the applicant to comply with this condition shall be maintained by the applicant. ® h. Entrance to the property shall be only from Route 13 with traffic to exit only on to Livermore Road. The applicant shall provide suitable signage. i. Hours of operation shall be from 10:00 a.m. until 9 :00 p.m. j. No site changes or changes to the structure are approved. k. Parking for the project will be according to the Town Zoning Ordinance unless the applicant obtains a variance from the Town of Dryden Zoning Board of Appeals. 1. This Permit is granted based on the express representations of the applicant that the purpose of the Permit and the use of the property is for the sale of those items represented by the applicant as: radio controlled airplanes, cars, boats and plastic models including materials and supplies commonly found in a hobby shop. No pornographic or adult type books, films, photographs, paraphernalia or other materials shall be displayed or offered to sale on said premises or from said premises. Second Councilperson Hatfield Roll call vote - all voting Yes TBIO- -`J1 page ; RESOLUTION #190 PUSLI ZEBRA MUSE)EL' CONT Clm Walbridge offered the fallowing adept icon: (copy in minute book.) 2nd Clm Hatfield Rcill. call vo C INTEREST ORDER ROL PROJECT resolution and asked for its to - all voting Yes RESOLUTION l ON #191 FOND RESOLUTION DATED ©C'rop R 22' 1991 #1.89 G RANT SPECIAL_ FE RM l "r PROJECT FRIG BOY TOYS 298 CORTLANDROAD Clm Roberts offered the fallowing rescilution Clm Walbridge ciffered the in minute following resoluticin and asked for its adoption" (c'_py in call vcote -- minute bock) 2nd Clem Hatfield Roll call vcite - all v.miting Yes RESOLUTION #190 PUSLI ZEBRA MUSE)EL' CONT Clm Walbridge offered the fallowing adept icon: (copy in minute book.) 2nd Clm Hatfield Rcill. call vo C INTEREST ORDER ROL PROJECT resolution and asked for its to - all voting Yes RESOLUTION #192 LOCAL LAW�1991 ~� CROSS CONNECTION LAW Clm Hatfield coffered the following resolution and asked for its adoption: (copy in minute book) 2nd Clrn Walbridge Roll call vote - all voting Yes There was discussion regarding the Rabin Williams property as to whether or not it should be considered differently in the formula in the proposed Turkey Hill water and sewer district. Clm Walbridge - wanted to on record that she has problems with these districts and the costs. It might riot be the majority of the people in the districts, but it is gaming to be a hardship for the people. She thinks that we are forcing development in an area where a lot of people do riot want it, Clm Corrigan - did not totally agree with Clm Walbridge, but she is still not totally happy with the formula, but she has seen ericough interest demonstrzzted for and petitioning for the district etc, feel that she would be willing to support it subject to the permissive referendum and that the people will make up their own minds. Supv Schi.tg - if this is adapted he will send tout letters to all of the Pei Dple involved letting them know cof the boards decision, Atty Perkins - he has the petitions ready for the permissive referendUm. E /39 REE)OLUT l ON #191 FOND RESOLUTION DATED ©C'rop R 22' 1991 ZEBRA MUSSEL. CONTROL PROJECT Clm Roberts offered the fallowing rescilution and asked fcor its adoption" (copy in minute book) 2nd Clrn Corrigan Roll call vcote -- all voting Yes RESOLUTION #192 LOCAL LAW�1991 ~� CROSS CONNECTION LAW Clm Hatfield coffered the following resolution and asked for its adoption: (copy in minute book) 2nd Clrn Walbridge Roll call vote - all voting Yes There was discussion regarding the Rabin Williams property as to whether or not it should be considered differently in the formula in the proposed Turkey Hill water and sewer district. Clm Walbridge - wanted to on record that she has problems with these districts and the costs. It might riot be the majority of the people in the districts, but it is gaming to be a hardship for the people. She thinks that we are forcing development in an area where a lot of people do riot want it, Clm Corrigan - did not totally agree with Clm Walbridge, but she is still not totally happy with the formula, but she has seen ericough interest demonstrzzted for and petitioning for the district etc, feel that she would be willing to support it subject to the permissive referendum and that the people will make up their own minds. Supv Schi.tg - if this is adapted he will send tout letters to all of the Pei Dple involved letting them know cof the boards decision, Atty Perkins - he has the petitions ready for the permissive referendUm. E /39 t i • 20127 -320P At a special meeting of the Town Board of the Town of Dryden, Tompkins County, New York, held at the Town Hall, 65 East Main Street, in Dryden, New York, in said Town, on October 22, 1991, at 6:30 o'clock P.M, , Prevailing Time, PRESENT: James F. Schug Supervisor Elizabeth Corrigan Council person Charles Hatfield Council person Ronald Roberts Council person Margaret Walbridge Counci1,petson In the Matter of The Joint Increase and Improvement of the Facilities of Dryden Water District No, 1, Snyder Hill Water District, Monkey Run Water District: and Hall Road Water District in the: Town of Dryden, Tompkins County, New York WHEREAS, the Town Board of the PUBLIC INTEREST ORDER Town of Dryden, County, New York, in conjunction with the Village of the Village of Cayuga Heights, and the Towns of Tompkins Lansing and Lansing and u 11 -2- Ithaca, has determined and agreed to participate in the provision of a joint water project for zebra mussel control and to contract joint indebtedness therefor in accordance with Section 15.00 of the* Local Finance Law pursuant to a Supplemen: to Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of October 15, 1991 (the "Intermunicipal Agreement Supplement "); and' WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has had under consideration for said purpose the joint increase and improvement of the facilities of Dryden Water District No. 1, Snyder Hill Water District, Monkey Run Water District and Hall Road Water District in and for said Town, consisting of the purchase and installation of a sodium hypochlorite chemical feed system at the Raw Water Pump Station at Bolton Point in the Village of Lansing, together with approximately 400 linear feet of 6 -inch carrier pipe containing 1 -inch chemical feed and sample lines, chlorine defuser rings, a protective shroud mounted on the intake screen structure and other incidental improvements and expenses necessary in connection therewith; and WHEREAS, a map, plan and report including an estimate 'of cost, relating to said joint increase and improvement of facilities has been duly prepared; and WHEREAS, the maximum estimated cost to said Districts of fJ rl1 U C n LJ .3- such joint increase and improvement is initially determined to be $11,922, it being further determined that the remaining $288,078 of the cost of this project shall be initially apportioned and allocated to the villages of Lansing 3r_d Layt:ga Heights and water districts in the Town of Lansing and a water improvement area in the Town of Ithaca and that joint indebtedness shall be issued therefor and that the ultima�:e share of the cost to be allocated to the Town of Dryden pursuant to the aforedescribed Intermunicipal Agreement SuppleTent shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement; and WHEREAS, the cost shall be annually apportioned among such Districts by said Town Board and the amounts so apportioned shall be annually assessed upon all the taxable real property in each such District at the same time and in the same manner as other Town charges, in an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficien to pay the principal of and interest on said bonds; and -4- I WHEREAS, the aforesaid project has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the impleme:aation of which as proposed, it has been determined will nct _esult in any significant envrronmental effects; and WHEREAS, at a meeting of said Town Board duly called and Yield on October 2, 1991, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the aforedescribed joint increase and improvement of the facilities of the Dryden `dater District. No. 1, Snyder Hill Rater District, donkey ® Run Water District and Hall Road Water District of said Town, as heretofore described and to hear all persons interested in the subject thereof concerning the same at Town Hall, 65 East Main Street, in Dryden, in the Town of Dryden, New York, in said Town, on the 22nd day of October, 1991, at 6;30 o'clock P.K., Prevailing Time; and WHEREAS, notice of said public hearing was duly published and posted as required by law, to -wit: a copy thereof was published in the official newspaper of this Town, on October 10 1991, and a copy of such notice was posted on October 4 1991, on the signboard maintained by the Town Clerk of the Town of Dryden, pursuant to Section 30, subdivision 6 of the Town Law; and 0 G I 0 • -5- WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the improvement, to -wit: :-o Jointly increase and improve the facilities of the Dryden plater district No. 1, Snyder Hill Water District, Monkey Run Water District and Hall Road dater District of said Town by the purchase and installation of a sodium hypochlorite chemical feed system at the Raw Water Pump Station at Bolton Point in the Village of Lansing, together with approximately 400 linear feet of 6 -inch carrier pipe containing 1 -inch chemical feed and sample lines, chlorine defuser rings, a protective shroud mounted on the intake screen structure and other incidental improvements and expenses necessary in connection therewith, at an initially determined maximum estimated cost of $11,922, it being it being further determined that the remaining $288,078 of the cost of this project shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water districts' in the Town of Lansing and a water improvement area in the Town of Ithaca and that joint indebtedness shall be issued therefor and that the ultimate share of the cost to be allocated to the Town of Dryden pursuant to the aforedescribed Intermunicipal agreement Supplement shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement. J U E r� u .6- Section 2. This order shall take effect immediately: The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: James F. S chug VOT I NG �Ax,� Elizabeth Corrigan VOTING A Charles Hatfield VOTING A4,, Ronald Roberrg TOT ING Aye Margaret WalhridjZP VOTING x349 I y The order was thereupon declared duly adopted. 0 0 0 STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) I, the undersigned Clerk of t.rie :own of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of ti::e minutes of the meeting of the Town Board cf said Town, including the resolution or order contained therein, heid on October 22, 1991, with the original thereof on file in .nv off ice, and .hat the same is a true and correct transcript therefrom and cf the whole of said original so far as tale 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: Newspaper and /or other news media The Ithaca Journal Date given ac tuber , G, i1991 ! i I E 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 oosted notice Town Signboard Town Hall., Town of Dryden 65 East Main Street Dryden, New York 13053 IN WITNESS WHEREOF, Date of Posting October-4, 1991 I have hereunto se*_ my hand and affixed the seal of said Town, on October L3 1991. (SEAL) t • E 0 20127 -320P At a special meeting of the Town Boa_d of the Town of Dryden, Tompkins County, New York, held at Town Hall, 65 East Main Street, in Dryden, New York, in said Town, on October 221 1991, at 6:300'clock P,M., Prevailing Time. The meeting was - called to order by Supervisor Schug upon roll being cared, the following were PRESENT: James F. Schug, Supervisor Elizabeth Corrigan, Councilperson Charles Hatfield, Counci.lper-son Ronald Roberts, Councilperson - Margaret Walbridge, Councilperson ABSENT : None The following Councilman Roberts resolution was who moved its adoption, Councilman Corrigan to-wit: offered � by seconded by BOND RESOLUTION DATED OCTOBER 22, 19914 A RESOLUTION AUTHORIZING THE ISSUANCE OF $300,000 JOINT SERIAL BONDS OF THE TOWN1 OF DR`f EN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF WATER SYSTEM IMPROVEMENTS FOR ZEBRA MUSSEL CONTROL, THROUGH THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF DRYDEN WATER DISTRICT NO, 1, SNYDER HILL WATER DISTRICT, MONKEY RUN WATER DISTRICT AIND HALL ROAD `MATER DISTRICT IN SAID TOWN. WHEREAS, the Town Boar of tne Town of Dryden, Tompkins County, New-York, on behalf of Dryden 'neater District No. 1, Snyder Hill Water District, Monkey. Run Water District and Hall Road Water District, in conjunction with the Villages of Lansing and Cayuga Heights, and the Towns of Lansing and Ithaca, has determined and agreed to participate in the ,provision of a joint water project for zebra mussel control and to contract joint indebtedness therefor in accordance with OSection 15.00 of the Local Finance Law pursuant to a Supplement to Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter - Municipal Water Supply and Transmission System dated as of October 15, 1991 (the "Intermunicipal Agreement Supplement "); and WHEREAS, the project hereinafter described has been determined to be an Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined will not .result in any significant environmental effects; and n • -2- WHEREAS, all other conditions precedent to the financing of the capital project hereinafter described, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOVA, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, if the within resolution in substantially identical form is adopted, approved and made effective by the other participants in the aforedescribed Intermunicipal Agreement Supplement, as follows: Section 1. For the specific object or purpose of paying the cost. of water system improvements for zebra mussel control consisting of. the purchase and installation of a sodium hypochlorite chemical feed system at the Raw Water Pump Station at Bolton Point, in the Village of Lansing, together with approximately 400 linear feet of 6 -inch carrier pipe containing 1 -inch chemical feed and sample lines, chlorine defuser rings, a protective shroud mounted on the intake screen structure and other incidental improvements and expenses necessary in connection therewith, there are hereby authorized to be issued $300,000 joint serial bonds of the Town of Dryden, Tompkins County, New York, together with the Towns of Ithaca and Lansing and the Villages of Lansing and Cayuga Heights, all of the County of Tompkins, New York, pursuant to the provisions of Section 1 of Article VIII of the Constitition of the State of New York as amended and of Title lA of the Local Finance Law, • Section 2, -3- The maximum estimated cost of the water system improvements for zebra mussel control is $300,000, which improvements are hereby authorized at said cost, and the plan for the financing thereof is by the issuance of the $300,000 joint serial bonds authorized to be issued pursuant to this bond resolution. The total amount of joint indebtedness to be contracted for said improvements is $300,000 and the amount initially estimated to be allocated and apportioned to the Town of Dryden is $11,9220 Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebtedness, ® the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Villages, shall be in the same proportion as the consumption of water in each of the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water for the entire joint water distribution facility, which is estimated to be, and for purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascertaining each- of the respective municipalities' debt contracting powers, shall be as follows: 40 • E • -4 - Dryden $11,922 ( 34974 %) Ithaca $155,607 (51,869 %) Lansing (Town) $30,591 (10,197%) Cayuga 1- Ieights $36,201 (12.067$) Lansing (Village) $65,679 (21,893 %) Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 6 of this resolution relating to the annual anportionment-of the amount of nrincipal and interest on the bonds herein authorized to be issued as among said Towns and said Villages, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 6. The Supervisors of said Towns and the Treasurers of said Villages are.hereby authorized and directed to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accordance with the provisions of this section and to perform all acts and furnish all information required in connection with such application, Section 4. 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 5. Subject to the provisions of the Local Finance -5- Law and this section,- the power to authorize the issluance of and to sell joint. bond anticipation notes' in anticipation of the issuance and sale of the joint serial bonds herein authorized, inc}udir:g renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town acting on her own behalf and on behalf of the chief fiscal of f t cers of the Towns of Dryden and Lan's ing and the villages of Cayuga Heights and Lansing. Such joint bond anticipation notes shall be of such terms, fort and contents and shall be sold by said Supervisor in such manner as may be prescribed by a bond anticipation note CertifIcate, as authorized by .Section 3o,00 of the Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said villages 'and shall be executed in the names of the Town of Dryden, the Town of Ithaca, the Town of Lansing and the village of Cayuga Heights and-the Village of Lansing, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested b the Town Clerk of said Town, shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto 'the seal of the Town of Ithaca, attested by the Town Clerk of said Town: shall be signed by the Supervisor of the Town of Lansing an behalf of said Town and El -6- �J shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town; shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga weights, attested by the Village Clerk of said Village, and shall be signed by the Treasurer of the village of Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village -Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond • anticipation notes, shall file an executed copy of each such bond anticipation note with the finance board of each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes authorized by such certificate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, New York, said Town of Lansing, Tompkins County, New York; said Village of Lansing, Tompkins County, New York, and ` said Village of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said 2 C �7— Villages zn accordance with the Intermun1cipaI Agreement Supplement hereinaboe referred to in the recitals of this resol.:tion, on the ratio which the consumption of water from the system in each of said municipalities �oears to t he fill consumption from the entire inter municipal crater distrihu -clon facility, such ratio to be annually determined in accordance with the aforesaid Intermunicipal Agreement Supplement,. the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows; a) Frost the several lots and parcels of land in each of the Dryden water District No, 1, Snyder Bill water District. Monkey Run Water District anr] Mall Road water District, in the manner provided by law, b} From the several lots and parcels of land in the Town of Ithaca Zebra Mussel Control Project Water Improvement Area in proport�_on as nearly as may be to the benefit which each lot or .parcel of land therein will derive therefrom, -g- LJ o) From the several lots and parcels of land in each Of the following hater Districts, being, McKinney Suter. District,. Lansing Water District qo. 2-, 'Borg, Warner Slater District, Cima stater District No. 5, Cima Water District No, 5 and Lansing Suter District No, 7, No, 9. No, 100 No, li, No, 13, No, 14 and Igo. 15, in the Town of Lansing at the same time and in the same manner as other Town charges.' The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be morns by said Village, as the same may become due and payable If not paid from the aforesaid . sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly i -g- LJ o) From the several lots and parcels of land in each Of the following hater Districts, being, McKinney Suter. District,. Lansing Water District qo. 2-, 'Borg, Warner Slater District, Cima stater District No. 5, Cima Water District No, 5 and Lansing Suter District No, 7, No, 9. No, 100 No, li, No, 13, No, 14 and Igo. 15, in the Town of Lansing at the same time and in the same manner as other Town charges.' The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be morns by said Village, as the same may become due and payable If not paid from the aforesaid . sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly _9T I subject to the levy of an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same become due and payable, Section 7, The validity of such joint serial bonds and Joint bond anticipation notes may be contested only of: 1) Such joint bonds are authorized for an object or purpose for- which said Towns and said Villages are not authorized to expend money, cr .2} The provisions of law which should. be complied with at the date of publication of this res.olution are not substantialiv complied with, and an action, suit Cr Proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such joint bonds are authorized in violation of the provisions of the Constitution, Section. 8. Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Villages, and the Publication th.ereo£ with the notice provided for herein, the Clerks of each such Towa and each such village shall file with the Clerk of each of the other Towns and of the Villages a certified copy of this resolution and a printer "s E U -10- affidavit or affidavits, as the case may be.. of publication thereof with the required notice or notices, as the case may be. Section 9, Pursuant to section 15,00(m) of the Local Finance Law, the powers and duties of advertising such joint bonds for sale, conducting the sale and awardi.ng the bonds, are hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County, New York,' who on her owns Behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing shalt advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the afo'r'esaid Towns and villages; Provided, however, that in the exercise of these delegated Powers, she shall comply fully with the Provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds, The receipt of said Supervisor shall be a full acquittance to the purchaser of such bands, who shall not be obliged to see to the application of the purchase 'Honey. All other matters except as provided herein relating to the joint serial bonds herein authorized% including the date, denominations,' maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of PIJ 0 0 -11- the same shall be determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the Towns of Ithaca, Dryden and Lansing and the Villages of 4 Lansing and Cayuga Heights. Such. ;ponds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51,00 of the.focal Finance Law, as said Supervisor shall determine consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully registered form and shall be signed in the name of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile of the corporate seal of each Town and village shall be .imprinted thereon and shall be attested by the manual signatures of each respective Town cr village Clerk. It is hereby determined that it is to the financial advantage of each of the `towns and Villages not to impose and collect from registered owners of such joint serial bonds charges for mailing, shipping and. insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70,00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. • CC .12- Section 10. Any obligation issued under authority of this resolution shall contain on its face a recital in substantially the following form: "This obligation evidences the joint indebtedness of the Town of Ithaca, Tompkins Col County, New York, the Vi the Village Section snty, New York, the Town York, the Town of Lansing, ilage of Lansing, Tompkins of Cayuga Heights, Tompkins 11. This resolution, of Dryden, Tompkins Tompkins County, New County, New York, and County, New York.' takes effect immediately, shall be published in full in The Ithaca Journal , the of f is i al newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: James F. Schug VOTING Aye Elizabeth Corrigan VOTING Aye Charles Hatfield VOTING Aye Ronald Roberts VOTING Aye Margaret Walbridge VOTING Aye The resolution was thereupon declared duly adopted. L` 0 i _J 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 To wn Board of said Town, including the resolution contained therein, held on October 22, 1991, 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: Newspaper and /or other news media Date given The Ithaca Journal. OcItober 4, 1991 f r 7 F7 r n U i 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 Town Signboard Town Hall, Town of Dryden 65 East Main Street Dryden, New York 13053 IN WITNESS WHEREOF, Date of Posting October 4, 3.991 I have hereunto set my hand and affixed the seal cf said Town, on October 23 , 19914 (SEAL) NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not ® use italics or underlining to indicate new matter. tbwwK CkWof 6666... Dryden ................................................................... ............................... Town to lriliaga Local Law No. ......1 ... I'll ........ 6 ...... 1.11... ........... .... of the year 19 91... u A local law ..to „establish a local Cross - Connection Control Law. (Insert Title) Be it enacted by the Town Board of the ko"b (Name of Legislative Body) COVATA I rp”' Town of ........ Uryden .............................................................................................. .............................as follows: Ali ERB-e (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS6239 (Rev. 7/90) 0 PREAMBLE WHEREAS, the State of New York has adopted the New York State Sanitary Code (10 NYCRR (Health), Volume A. Chapter 1, State Sanitary Code, Part 5) which contains Subpart 5 -11 entitled "Public Water Supplies," and which, in turn, contains Section 5 -1.31, entitled "Cross- Connection Control" (the NYS Cross ~Connection Control Law "), and WHEREAS, the New York State Department of Health has issued "a policy statement regarding public water supply cross - connections in the Department of Health's Bureau of Public Water Supply's publication entitled "Public Water Supply Guide: Cross - Connection Control," dated January, 1981, and WHEREAS, the Town of Dryden, the Town of Ithaca, the Town of ® Lansing, the Village_of Cayuga Heights and the Village of Lansing are members of the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission ") , and the Commission is responsible to act on behalf of the member municipalities in enforcing State and local Cross - Connection Control Laws, and WHEREAS, the Town of Dryden desires to establish a local Cross - Connection Control Law in order to provide additional safeguards to potable water supplies by implementing a more comprehensive and effective back -flow prevention program that conforms to the requirements of the New York State Cross- Connection Control Law and New York State Department of Health policy guidelines: • OA NOW, THEREFORE, the Town of Dryden enacts this Local Law to be is known as the Cross - Connection Control Law (or CCC Law), PART I ARTICLE 1. PURPOSE, INTERPRETATION AND SEVERABILITY 1. The purpose of this local law is to safeguard potable water supplies by preventing backflow into public water systems. 2. This Law is to be interpreted this Law, enforcement officials shall circumstances result in varying degrees degree of protection or prevention re( reasonably. In applying recognize that different of hazard, and that the ]uired in each situation should be commensurate with the degree of hazard. 3. If any article, section, paragraph, subdivision, clause, phrase or provision of this Law shall be adjudicated invalid or ® unconstitutional, the validity of this Law as a whole, or any part thereof other than the part so adjudicated to be invalid or unconstitutional, shall not be affected. ARTICLE 2. DEFINITIONS 1. Cross- Connections. The term "cross -connection" as used in these regulations means any unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as equally safe, wholesome, and potable for human consumption. 2. Approved Water Supply. The term "approved water supply" means any water supply approved by the New York State Department of • 3 �u LJ • Health. 3. Auxiliary Supply. The term "auxiliary supply" means any water supply on or available to the premises other than the approved public water supply. 4. Vacuum Breaker - Nonpressure Type. A vacuum breaker which is designed so as not to be subjected to static line pressure. 5. Vacuum Breaker - Pressure Type. A vacuum breaker designed to operate under conditions of static line pressure. 6. Approved Check Valve. The term "approved check valve" means a check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured watertightness. The face of the closure element and valve seat must be bronze, composition, or other non - corrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of br sticking material, machined for closure element, e.g. clapper, otherwise internally equipped to in all sizes where this feature onze or other non - corrodible, non - easy, dependable operation. The shall be internally weighted or promote rapid and positive closure is obtainable. 7. Approved Double Check Valve Assembly. The term "approved double check valve assembly" means an assembly of at least two independently acting check valves, including tightly closing shutoff valves on each side of the check valve assembly and suitable leak detector drains plus connections available for testing the watertightness of each check valve. This devise must be approved as a complete assembly. 2 8 Approved Reduced Pressure Principle Backf low Prevention Device. The term "approved reduced pressure principle backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the ® relief valve shall open to the atmosphere, thereby providing an air gap in the device. To be approved, these devises must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged. The enclosure must be self - draining, so that the large amount of water which the relief valve may vent will be disposed of reliably without submergence of the relief valve. This device must also be approved as a complete assembly. 9. Air -Gap Separation. The term "air gap separation" means a physical break between a supply pipe and a receiving vessel. The air gap shall be at least double in the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch. lJ E E 0 10. Water Supervisor. The term "water supervisor" means the consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross - connections and other sanitary defects, as required by regulations and laws. 11. Certified Backflow Prevention Device Tester - is a person who is examined annually by the water purveyor and found competent for the testing of backflow prevention devices. He shall be provided with an appropriate identification card which must be renewed annually. Failure to perform his duties competently and conscientiously will result in prompt withdrawal of his certification. ARTICLE 3. PROTECTION OF PUBLIC WATER SYSTEM AT SERVICE CONNECTION Section I. Where Protection Is Required. 16 Each service connection from a public water system for supplying water to premises having an auxiliary water supply shall be protected against backf low of water from the premises into the public water system, unless the auxiliary water supply is approved as an additional source by the water purveyor and is satisfactory to the public health agency having jurisdiction with regard to quality and safety, or the auxiliary water supply is properly abandoned. 2. Each service connection from a public water system R E for supplying water to premises, on which any substance other than the supplied water is handled under pressure in such fashion as to permit entry into the water system, shall be protected against backfIow of the Mater from the premises into the public system. This shall include the handling of process graters and waters originating from the pubic water suppler system which may have been subject to dete ioration in sanitary or chemical duality. 3. Each service connection frolu a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled in liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if such substance is not under pressure, shall be protected against backflow of the water from the premises into the pviblic grater system, Examples of such premises include, but are not limited to, plating factories, premises on which cyanide is handled and hospitals. This paragraph is not intended to apply tc normal residential installations, 4, Backf1ow prevention devices sha31 be installed on the service connection to any premises that have internal cross- connectionst unless such cross - connections are abated to the satisfaction of the water purveyor. It shall he the responsibility of the water purveyor to provide and maintain these protective devices and each one must be of a tarps acceptable to the State Health Department. 7 Section II. Type of Protection. The, protection device required shall depend on the degree of hazard as tabulated below: 1. At the service connection to any premises where there I s an approved auxiliary water supply handled in a separate }piping system with no known cross�connecticn, the public water supPly shall be protected by are approved double check valve assembly , 2. At the service connection on any premise on which there is are auxiliary water supply where cross - connections are known to exist which cannot be presently eliminated, or where the auxiliary water supply is not approved, the public water supply system shall be protected by an air gap separation or are approved reduced pressure principle backflow prevention device. 3. At the service connection to any premise on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross- connection, the public water supply shall be protected by an approved double check valve assembly. 4. At each service connection from a public waters stem for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be handled, F n liquid form, or in solid or gaseous form if such substance is intended to be used after conversion to liquid form, even if it is not under pressure, the public water supply shall be protected by g an air -gap separation or an approved reduced pressure principle back�fiow prevention device. 5. At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or dangerous to human health is or may be handled under pressure, the public water supply shall be protected by an air -gap separation or an approved reduced pressure principal barks flow prevention device. 64 At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be Protected by an air chap separation. The air gap shall, be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device. ARTICLE 4 PROTECTION OF POTABLE WAFER SYSTFJ4 WITHIN PREMISES Section I. Separate Drinking Water Systems, whenever the plumbing inspector determines that it is not practical to protect drinking entry of water from a source cannot be approved as safe or separate drinking water system at points convenient for consu water systems on premises against or piping system or equipment that potable for human use, an entirely shah, be installed to suppler water mere. 9 F Section II. Fire Systems, Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and fire - fighting purposes, approved backflow prevention devices shall be installed to protect such individual drinking water lines as are not used for fire - fighting purposes, Any ai- ixi1iary fire- fighting water supply which is not approved four potable purposes, but which is so connected that it nay be introduced into potable water piping during an emergency, shall be equipped with an approved autocratic chlorination machine. It is hereby declared that it is the responsibility of the person or persons causing the introduction of said unapproved or unsafe water I nto the pipelines to see; (1) that a procedure be developed and carried out. to notify and protect users of this piping system during the emergency () that special precautions be taken to disinfect thoroughly and flush out all pipelines which may become contaminated before they are again used to furnish drinking grater. In the event the means of protection of water consumers is by disinfection of the auxiliary fire - fighting supply, the I nstallation and its use shall be thoroughly reliable, (3) The public water supply must be protected against backflow from such dual domestic fire systems, as detailed in Article 3. 1Q Section 111, Process Waters, Potable water pipelines connected to equipment for industrial processes or operations shall be protected by a suitable backflow prevention device located beyond the last point from which drinking water may be taken, which device shall be provided on the feed line to process piping or equipment. In the agent the particular Process liquid is especially corrosive or apt to prevent reliable action of the hackflow prevention device, air gap separation shall he provided. These devices shall be te$ted by the water user at least Once a gear; or more often in those instances where successive inspections indicate repeated failure. The devices shall be repaired, overhauled or replaced whenever they are found to be defective. These tests mist tie performed by a qualified backflow prevention device tester and records Of tests, repairs, and replacement shall be kept and made available to the water purveyor and the health department upon request. Section Tv. Sewage 'Treatment Plants and Pumping Stations. Sewage pumps shall not have priming connections directly off any drinking water systems. No connections shall exist betweers the drinking water system and any other piping, equipment or tank in any sewage treatment plant ar sewage pumping station. Section V. Plumbing Connections. Where the circumstances are such that there 15 special danger to health by the backflow of sewage, as from sewers, toilets, 11 hospital bedpans and the like, into a drinking water system, a dependable device or devices shall be Installed to prevent such backflow. The purpose of these regulations is not to transcend local plumbing regulations, but only to deal with those extraordinary situations where sewage may be forced or drawn into the drinking water piping. These regulations do not attempt to eliminate at this time the hazards of back -siphonage through flushometer valves orn all toilets, but deal with those situations where the likelihood Of vacuum conditions in the drinking mater system is definite and there is special danger to health. Devices suited to the purpose of avoiding back- siphonage from plumbing fixtures are roof tanks, barometric loops or separate pressure systems separately piped to supply such fixtures, recognized approved vacuum or siphon breaker and other backflow protective devices which have been proved by appropriate tests to be dependable for destroying the vacuum. Inasmucb as many of serious hazards of this kind are due to water suPP1Y piping which is too small, thereby causing vacuum conditions when fixtures are flushed or water is drawn from the systeM in other wags, it is recommended that grater supply piping that is too small be enlarged whenever possible. Section V1, pier and Dock Hydrants. Backflow protection by a suitable backflow prevention device shall be provided on each drinking water pierhead outlet used for supplying vessels at piers or waterfronts. These assemblies must 12 be located where they will prevent the return of any grater from the vessel into the drinking water pipeline or into another adjacent vessel. This will privent such practices as connecting the ship fire-pumping cr sanitary pumping system with a dock hydrant and thereby pumping contaminated water into the drinking water system, and tb ence to adjacent vessels or back into the public means. Section VII. Marking Safe and Unsafe Water Dines. Where the premises contain dual or multiple water systems. and piping, the exposed portions of pipelines shall be painted, banded or marked at sufficient intervals to distinguish clearly which water is safe and +which is not safe. All outlets from secondary or other potentially contaminated systems shall be posted as being contaminated and unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to I ndicate that fact. Water Supervisor. The health department and the water purveyor shall be kept informed of the identity of the person responsible for the water piping on all premises concerned with these regulations. At each premise, where it is necessary in the opinion of the water purveyor, a water supervisor shall be designa4ted. Thin water supervisor shall be responsible for the installation and use of pipelines and equipment and for the avoidance of cross - connections. In the event of contaminatI.On or pollution of the drinking water system due to a cross connection on the premises, do 13 RECOURSE FOR NON- COMPLIANCE Section I. No water service connection to any premises shall be installed eor maintained by the water purveyor, unless the water supply is protected as required by state regulations and this rule. Section II. Service of water to any premises may be discontinued by the water purveyor, if a backflow preventive device required by this rule and regulation is not installed, tested, and maintained; if any defect is found in an installed backflow preventive device, if it is found that a backflow preventive device has been removed or bypassed; if unprotected cross - connections exist on the premises. Service will not be restored until such conditions or defects are corrected. ® ARTICLE 6 Section T. Delegation of the Municipality's Authority under this law. (a) The Municipality is hereby authorized to delegate all or any part of its power, authority and /or responsibilities under this Law and under the CCC Law, to the extent permitted by applicable 14 4P I rl law, to an authorized delegate, such as the ommiasion or an 40 authorized representative of the Commission. In the event that the MunIcipalit} does delegate all or any part of its power, authority and/or responsibilities to an authorized delegate, such delegate shall be deemed to be acting with the full power and authority of the Municipalit}► in regard to such matters, to the extent such power and authority exists under applicable law and to the extent such power and authority may he so delegated under applicable law. In the evert that the Municipality so delegates its power, authority or responsibility in regard to a particular matter discussed in this Law, them, for the purposes of interpreting the text of this Law referring to such matter, each and every reference ir) such text to "the Munioipality1° may be understood to be a reference to the Municipality's authorized delegate, such as, for example, as a reference to 'Pthe Commiss -,on." (b) The delegation of power, authority or responsibility described in Section (a) above may be made by written agreement among the municipalities that are members of the Commission. In such an agreement, the Municipality may authorize the entity to which the Municipality is thereby delegating its power, authority or responsibility, such as the Commission to (i) appoint an administrator for a back flow prevention program designed to implement the provisions and fQlfill the requirements of this Law and the CCC Law who shall be an employee of the authorized delegate, or (ii) select and engage an engineering or contracting or similar firm or person to act as administrator for the backs flow 15 prevention program, or (iii) administer the back +flow prevention program itself, Or {iv} combine options (i), (ii} and (iii} in structuring, and assigning the various tasks of, the administration of the program. In the event that the municipality so empowers its authorized delegate, and its authorized delegate takes any of the foregoing actions, the municipality's authorized delegate may grant to the program administrator any and all such power, authority or responsibility as has been delegated to the authorized delegate, and as the municipality's authorized delegate deems necessary or appropriate, to develop, inplement, administer and enforce the terms of a backs flaw prevention program on behalf of the municipality, Such delegation to the program adrn- Inistrator shall be made Only to the extent permissible under applicable law, PART I1 Article 1. Installation and Servicing of Water Distribution Systems. All persons within the municipality that own or operate any water distribution system, or component of a water distribution system, that is connected to the public water suppXY system of the municipality (each, a "user'"), as well as all persons that perform installation, repair, modification or servicing of any part cf each users' grater distribution system, shall take all steps necessary or appropriate to minimize the occurrence of back -flow into the public water suPPIY sYstem and any resultant damage. Such steps shall include, but shall not be limited to, control of fire hydrant flow, maintaining maximum possible pressure during repair,5, follow -up 16 flushing and bacterial testing. Users of the public water supply system, and persons that intend to perform installation, repair, modification or servicing of any part of such users' water distribution system, shall contact the municipality, or its designated agent, to obtain the information regarding the potential causes of and problems resulting from backs flow into the public water supply, as well as the measures necessary or appropriate to prevent back -flow in accordance with the New York State Cross Connection Control Law and N.Y. . Department of Health requirements, that such persons may require in order to achieve and maintain compliance with this Law. Article 2. Survey of Users. (a) Each user of the public water system who, under applicable New York State law, may be considered to be a potentially hazardous user shall cooperate, to the extent reasonably possible, in enabling the municipality, utilizing either its own personnel or independent contractors or a combination of both, to perform surreys of such user's water distribution system in order to determine if such user is a potentially hazardous user. (b) Any person selected by the municipality to perform such surveys, whether an employee of the municipality or an independent contractor, shall demonstrate to the satisfaction of the municipality that such person has received such training as is necessary or appropriate to perform the .purveys in a thorough and accurate manner, 17 i El E Article 3. Certification of Potentially Hazardous Users. (a) Each user that receives written notice of having been identified, under applicable New York State law, as a potentially hazardous user shall be obligated, immediately upon receipt of such notice, to obtain and deliver to the municipality, or to the municipalityfs designed agent, as stated in such notice, written certification (i) certifying whether the hazard described in the notice does or does not exist, and (ii) if such hazard does exist, certifying that a New York State Health Department approved back- flow prevention device fully - operational. The licensed professional e opinion of the municipa (A) has been properly installed and (B) is written certification must be signed by a ngineer who has adequate training, in the lity or its designated agent, in sanitary engineering, including in back -flow prevention systems, water distribution and hydraulics. Any inspection and /or testing performed in connection with the preparation of the written certification must be performed by a person who has received certification from the State of New York Department of Health as a certified back -flow prevention device tester (such person referred to in this Law as a "certified back -flow prevention device tester "), who has performed such inspection and /or testing under the supervision of the professional engineer who signs the written certification. The certification shall be dated, signed and sealed by the certified back -flow prevention device tester not later than seventy -two (72) hours following the performance of any necessary M tests at the site, and, if no testing was performed, not later than forty - eight (48) hours following physical inspection of the site. (b) In the event that a user receives written notification from the municipality, or its designated agent, that such user's certification (i) is materially deficient in regard to the scope, nature or detail of information provided, (ii) contains any material errors or (i3.i) provides information indicating that the user's back -flow prevention device or system is inadequate or unsatisfactory, then this subsequent notice shall have the same effect as the initial notice described in subsection (a) above, that is, immediately upon receipt of this subsequent notice, the user shall be obligated try obtain and deliver tv the municipality, or to the municipality's designated agent, as stated in such notices a certification as described in (a) above, which certification, ire addition to the requirements of (a) above, specifically states the manner in which the defect identified in the subsequent notice has been cured. (o) In the event that the user has failed to deliver either (i) the certification described In subsection (a) above within thirty (30) days of the date of the initial notice to the laser, or (ii) the certification described in subsection (b) above within fifteen (15) days of the subsequent notice to the user, then such user shall be in violation of this Law and subject to such penalties as are provided for herein and under all other applicable lair. (d) Each user shall pay a 19 filing fee established by the municipality for the filing of the ahove�descrihed certifications. Such fees may vary depending upon the nature of the user's business, the volume of water used by the user, and the size, age and location of the user's facilities, (e) All surveys of user's water distribution systems and all certifications delivered in accordance with this law shall be and remain the property of the municipality. (f) Each user who has been identified as a potentially hazardous user and has been sent a notice in accordance with. subsection (a) above shall be rewired to deliver to the municipality, or its designated agent, an updated certification as described in subsection (a) above not less than once during eery twelve (12) month period following the date of the initial notice to the user stating that the user has been identified as a Potentially hazardous user. The municipality may deliver notices of such requirement for updated certifications to users periodically. In any case that the municipality has notified a user that a certification is defective as described in subsection (b) above, the municipality may require, by delivery of written notice to the user, that the user deliver to the municipality additional written certifications, as described in subsection (a) above, once in each four (4) month period during the twelve (12) months following delivery of the defective certification. (g) In the event that any user that has previously been identified as a potentially hazardous user by having received a notice as described in (a) above intends to install any back -flow 3S] prevention device at its premises, prior to installation of such device the user shall deliver to the municipality, or to the municipality's designated agent, a written statement, prepared by a New York State licensed professional engineer, describing the device and a copy Of the user's plans for its installation. The user shall not install such device until the user has received the municipality's, or the municipality's designated agent's, written approval to such plans, and such approval as may he required from the Tompkins County Health Department, If the installation of the device deviates substantially from such plans, the user shall Obtain the municipality's, or the municipality's designated agent's, written approval, and such approval as may be required from the Tompkins County Health Department, to such deviation. Article 4. Penalties. (a) In the event that a user of the public water supply fails to comply with any term or provision of this Law, the user shall be in violation of this Law, and such user shall be subject to the Imposition of such penalties as are provided in accordance with the Cross Connection Control Law, and /or in accordance with this Law and /or in accordance with any other applicable law. Ire addition, a violation of this Law shall constitute a violation under the Penal Law of the State of New York. If no other penalties are provided, a violation of this Law shall be deemed to be a misdemeanor, and the violator shall be subject to a fine of up to One Thousand and Did /loo ($1, ""O) Dollars and imprisonment for up 21 r- L. to orne (1) year_ Each week's continued violation shall constitute a separate offense. The provisions of the Crimirnal Procedure Law, and any other law applicable to -misdemeanors, shall govern criminal prosecutions of violations of this Law. (b) In addition to any other penalties provided in the Cross- Connection Control Law, or any other applicable lair, if a user fails to provide to the municipality, or to the municipality's designated agent, any certification required in accordance with Article 3 of this Law, the user shall be subject to a fine. This fine shall not exceed twenty -five ($25.00) dollars for each day beyond the one hundred eightieth (180th) day following the date of the original notice to the user (as d8acribed in Article 3, subsection (a) of this Law) multiplied by the number of inches of diameter of the largest pipe supplying public water to such user's premises. (c) Ir, addition to any other penalties provided for herein, the municipality may institute any appropriate action or proceeding to prevent the unlawful installation, repair, madification, maintenance or use of a water distribution system that is connected to the public water supply in violation of the requirements of this Law, the Cross - Connection Control Law or other applicable law. Article 5. Residential, Users. {a} Pesdential users shall be considered potentially hazardous users if a determination is made by the municipality that (i) are activity conducted at the residential property or (ii) a 2 I 41 circumstance specific to the residential property establishes an equivalent degree of hazard as might be found in the situation of a potentially hazardous non- residential user. Examples of such activities and circumstances include, but are not limited to, the presence of boiler feed inhibitors, antifreeze loops and single- walled heat exchangers. Residential swimming pools and double- walled heat exchanger systems shall not be considered potential hazards. (b) Residential users also shall be considered potentially hazardous users if: i. The residential user obtains its water supply from a private well in addition to the public water supply service. In this case, the residential user must either comply with all currently applicable requirements of the NYS Cross - Connection Control Law and of the NYS Department of Health Cross Connection Control Guide, or abandon use of the private well supply in a proper manner. ii. The residential user owns, operates, installs or relocates a lawn sprinkler system which employs underground lawn sprinklers. Such a residential user shall be required to install acceptable reduced pressure zone devices in accordance with the conditions of subpart 5- 1.31(a) of the NYS Cross - Connection Control Law. Residential users who own, operate, install or relocate a "pop -upll lawn sprinkler system, rather than a strictly underground sprinkler system, shall likewise be required to install an acceptable reduced pressure zone device under said subpart 5- W 11 1.31(a), unless such owners apply in writing to the municipality for a waiver of this requirement and receive written confirmation from the municipality of such waiver. The requirement described in this subsection (ii) shall not apply to lawn sprinkler systems that are six (6) inches or more above grade. Article 6. Private Hydrants. Owners and operators of private hydrants which are not under the control of the public water supplier shall be required to install acceptable reduced pressure zone devioes in accordance with part 5- 1.31(a) of the NYS Cross - Connection Control Lair. The foregoing requirement shall ripply whether the private hydrants are used to augment fire fighting systems, for lawn fertilization, for tree spraying or for any other purposes. Article 7. Multiple Customer Distribution Systems. (a) A "multiple customer distribution system," according to the New York State Department of Health, includes all strip shopping canters, malls and similar water distribution networks. For the purposes of thi distribution system" shall to any single non - residents bulldingE5 that are cccupx� entities are not all owned are not all engaged in the s Laws the, term "multiple customer also include any system providing water al building or group of non - residential a�d by two (2) or more entities which by a common owner or by one another or conduct of the same activities at the location served by said water system. 24 All multiple customer Ll distribution systems shall be identified as potentially hazardous users, because there is generally no communication with the municipality regarding changes in individual customers using such systems. Owners of such systems, and /or their agents, shall install acceptable reduced pressure zone protection its such systems within the common service portion of such systems and as close within such systems to the water meter as is reasonably practical. (b) In the event that (i) the owner of multiple customer distribution systems, and/or the owner's agent, suibmits to the municipality, or the ml�nicipalityfs designated agent, a detailed written description, satisfactory to the municipality, or its designed agent, of (A) the system and its users and (B) any change I re any of the users of such system within thirty (30) days of such change, and (ii) the municipality, or its designated agent, determines that no user of such system is a potentially hazardous user, and that the system otherwise complies with all applicable back -flew prevention laws, the multiple customer distribution system shall be 8ntitled to a waiver of compliance with the requirements of (a) above. Failure on the part of the owner and /or the owner's agent to deliver the notification of change of users described in (B) above shall automatically make void any waiver from compliance with the requirement to install adequate reduced pressure zone proteotiors in the multiple customer distribution system. 25 L PART III EFFECTIVE DATE This local law shall take effect immediately. 26 J I 9 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 1 of 1991 of the (G'ant�'Yt�)(To+� n)b�tttc$)t of Dryden was duly passed bx_• the _Town Board on October 22, 1991 in accordance with the applicable provisions of lass•. (Nnnie of I..egis7l, ve Bo TT� 2. ( sage by local legislative body with approsal, no disapprosal or repassage after disapproval bl' r Ealecti►e Chief Executive Officer'.) I hervb cer ' that the local law annexed hereto, designated as local law No. of 1�0 of the (Coon `City) ("1`own)(Village) of was dul\o passed c 3mv of Legisl:Lj disapproval) by tite E loc e in accordance with the app ilc on ly and was (aphroveal(nol dlsappro�ed)(repas all�r EGut7ve ble provisions Of law, 3. (final adoption by referendum.) herelly certify that the local law annexe of the of _ on N:,rne ut LegWE —tchve R:J4.1 disapproval) by the Elective Chic and was deemed duly adopted on 19 reto, designated as loci] law of 19 ve Ullicer Was duly passed b., tht• 19y, and was (: roved)(not disapproved)(repassed after on 19_ Such local law was submitted to the people by reason of a (n)andatot•c)(perm' ve) referendum, and received the affirmative vole of a majority of the qualified electors voting Cher n at ie (gene.ral)(special)(annual) election held on 19 accordance with the appl 6ble provi ns of law, 4. (Subject to permissive referendum ayd' final adoption because no vali eti(ion was filed requesting rcferndum.) 1 hereby certify that the local la annexed hereto, designated as local law No. of the (County)(C'ity)(Town)( lake) of Z11be 01 1.rS'IG1ltive Fju:I )' disapproval) by the on 19 and was (approved)(not d . 011 of 19 was duly passed by the proved)(repassed after 19 Such tMective Ghiet Executive Qt(cer'1 pertniSSiv'e ref nduin and no valid petition requesting such referendum was filed as of in accordan s+ith the applicable provisions of law, law was subject t,) 19 'Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or sillage, or the supervisor of a torn where such officer is vested with the power to approve or veto local laws or ordinances, 27 'Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or sillage, or the supervisor of a torn where such officer is vested with the power to approve or veto local laws or ordinances, 27 Cite local law concerning Charter revision proposed by petition.) h::reby tify that the local law annexed hereto, designated as local law No. of 19 of the. City o having been submitted to referendum p nt to the provisions of sec ' (36)(37) of the Municipal Nome Rule Law, and having received the of alive vote of a majority of the qual, electors of such city voting thereon at the (special)(general etion held on 19 , became o hive. 6. (County local law concerning adoption of Charter. I hereby certify that the local law annexed her , designated as law No. of 19 of the County of ,State New fork, having been submitted to the electors at the General L•lecti November 19 purl t to subdivisions S and 7 of section 33 of the. Niunicip ome Rule Law, and having received the affirmative v of a majority of the qualified electors of cities of said county as a unit and of a maic,rity of the qualifiec tors of the towns of said coup nsidered as a unit voting at said general election, became operative. an}t other authorized form of final adoption has been followed, please protide an appropritate certif ica I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom anti of the whole of such original local law, and was finally adCOptCd in the manner indicated in paragraph 1 , above. l jerk 01 taia tGaurty legislative bot��tty, or orriccr designated by local legi Susanne Lloyd, Town Clerk (Sep,!) Date: October 23, 1991 age (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorised Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKI.NS 15 the. undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed�ht lo. gnature Mahlon R. Pe Town Attorney Title ci4x of Dryden Town Mikx= Dale: October 23, 1991 28 ins [J EI NOTICE OF ADOPTION NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden, Tompkins County, New York, at a meeting held on the 22nd day of October, 1991, duly adopted the resolution published herewith, subject to a permissive referendum. Dated: Dryden, New York October 23 , 1991 , i 4 El RESOLUTION DATED OCTOBER 22, 1991, A RESOLUTION MAKING CMAIN DETERMINATIONS Ia RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TURKEY HILL WATER DISTRICT OF THE TOWN of DRYD£ , TOMPKI14S COUNTY, REW YORK, PURSUANT TO ARTICLE 12 -A OF THE TOKN LAW, WHEREAS, a map, plan and report have been orelpared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Dryden, Tompkins County, New Mork, relating to the establishment the Turkey Hill Water District; and WHEREAS, said reap, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination b any persons interested in the subject matter thereof; and WEEDERS, said Water District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvement proposed for said Water District consists of the purchase and installation of approximately 11,400 linear feet of 9,inch water main, 1,258 linear feet of 6 -inch water main, 2,850 linear feet of service tubing, together with 19 hydrants, 16 gate valves, land or rights -ire -land, original furnishings, equipment, machinery and apparatus and incidental improvements and expenses 1n connection therewith, as more fully described in the aforesaid map, plan and report; and x _ W FREAS, the maximum amount proposed to be expended far said improvement is $606,475; and WHEREAS, the proposed method of financing the cost of said improvement is bar the issuance of serial bonds of the said Town having a maximum maturity of not exceeding forty gears, and the cost of said improvement shall be 'assessed, levied and collected from the several lots and parcels of land within such Water District in just proportion to the amount of benefit which said water .improvement shall confer upon said lots or parcels_; and WHEREAS, compliance with the provisions of the State Environmental Quality ReV iew Act have been performed and the establishment o.f the Turkey dill Water District of the Town. of Dryden and the improvements proposed therefor have been determined to be an Unlisted Action, as to which a negative declaration has been made determining that said establishment and the improvements proposed therefor t4ould not result in any significant environmental effects; and WHEREAS, on July 16, 1591, the Town Board held a public hearing upon the question of the establishment of said.Turkey Hill Water District of the Town of Dryden and based upon the discussion held and information received at said public hearing, determined to revise the proposed benefit formula for the assessment of properties in said proposed mater District; 0 and L ' El El WHEREAS, the report of Hunt Engineers and Architects of Corning, New York has been revised to reflect said revised benefit formula; and WHEREAS, an order. was dully adopted by said 'gown Board on September 5. 1991, reciting a description of the boundaries of said proposed Water District, the improvements. proposed, the Maximum amount proposed to be expended =or said imprrovements, the fact that said map, plan and report, as. revised, were on file in the Town Clerk's office for public inspection and specifying the 2nd day of October, 1991, at 7:0 o'clock P.M, Prevailing Time., at the Varna Community Center, in Varna, New York, in said Town, as the time when and tine 'glace where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of said `rater District and said map, plan and report, as revised, filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; WHEAREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209 -d of the Town Lai.*, and proof of publication and posting has been duly presented to said Town Board; and k El 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, said Town Board has duly considered said map, plan and report, as reprised and the evidence given at said public hears ing; NOW, THEREFORE, HE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County; New York, as follows: Section 1, Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as foliofas: a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property -and property owners within said proposed Water District are benefited thereby, C) All the Property and property owners benefited are included with-in the limits of said proposed Water District, and d) The establishment ofr said proposed Water District is in the public interest. Section 2, The establishment of the Turkey Hill Water District of the Town of Dryden, Tompkins County, New *fork, to be bounded and described as hereafter set forth, and the 0 U .J -5� I mprovement therefor consisting of the purchase and installation of approximately 11,400 linear feet of 8 -inch grater main, 1,250 linear feet of 6 -inch (water main, 2,850 linear feet of service tubing, together with 19 hydrants, 16 gate valves, land of rights -in -land, original furnishings, equipment, machinery and apparatus and incidental improvements and expenses in connection therewith, as more fully described in the aforesaid map, plan and report, as reprised, at a maximum estimated cost to the dater District of $646,475, are hereby approved. Section 3. Said Suter District shall be bounded and described as follows; TURKEY HILL WTER DISTRICT APPENDIX A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden, County of Ta:pki ns and State of New York, generally bounded and described as follows HEGIhtUNG at a point in the centerline of Mount Pleasant Road, said point or place of beginning being located at the intersection of said centerline with the northwest line of the abandoned Lehigh Valley Railroad property* procee& ng thence f ran said point of begi nni ng southeasterly and along the centerline of Mount Pleasant Road €or a distance of approximately 400' to a point; proceeding thence south (and along the west line of Parcel 56 -5 -20, being a 14.8 acre parcel own e d by Corn el l Um versi ty (said west line being approximately 950' +/- west of the centerline of Turkey Hill Road 1 and also along the rest li nes of Parcels 56 -5 -20; 25.1; 26 and 29 and also along the west li ne of Parcel 5 7 -1 -7 (said west line being approximately 900' west of tr,e centerli ne of T6Jkey H i 11 Road ?) to a point in the centerline of Stevenson Road; proceeding thence. east and along said centerline for a distance of approximately 900' to a point in the centerline of Turkey Hill Road; proceeding thence northerly and along said centerline of Tsarkey Hill Road to its intersection with the centerli ne of Mount ® Pleasant Road; proceeding thence easterly along the centerline of Mount Pleasant Road for a di stance of I I .+Mii�- '.'re.rCt'. /..1t i11.:: Pr `:i_c.�'r.�� -�. .�.^�.• = .+r__.— r.�_....— ..`._.�...�_d.. . ..�.. —._- ._�_._: .�.��.. �..� apprcx imately 235' to the southeast corner of Parcel 57-1-28,* proceeding thence northerly for approximately 520' and along the east parcel lines of Parcels 57 -1 -28; 27; and 26 to a point in the south li no. of Parcel 57 -1 -25; proceeding thence easterly for a distance of approximately 635' to the southeast corner of said parcel; proceedi ng thence north land along the east line of Parcels 57 -1 -25; 57 -1 -24; 23; 22 and a portion of Parcel 57 -1 -21) f or a distance of approximately 1,353' to a point in the east line of Parcel 57 -1 -21; proceeding thence east for a distance of approximately 509' to a point in the west line of Parcel 57 -1 -30.9; proceeding thence north along said west line for a distance of approximately 97.7' to a point marking the 1'iOrr}i »'_ =•; Ccrn�C of said Parcel; p:oceedii ng thence easterly an: along tone soutl: line of Parcel 57 -1 -20 for a distance of 928.97' to a points proceeding thence north and along the west pa rcel li ne of ?parcel 57 -1 -38 _`or a distance of approx imat el, y 165G' *_o a point (this point be ing the southwest corner of Parcel 54 -1 -16) 1 proceeding thence northeasterly arrd along the south parcel lines of Parcels 54 -1 -16; 17; 16; lg; 21 ; 23 and 26 to the southeast corner Ca. Parcel 54 -1 -26; continuing thence northeasterly and along the south parcel li nes of Parcels 57 -1 -41.2; 41.1; an3 42 to a point in t e west lire of Parcel 57 -1 -43; proceeding thence scut ,erly to the southwest corner of said Parcel 5; -1 -43; proceeding thence east for a distance of ® approximately 600' to a point marking the southeast corner of Parcel 52-1-286 proceeding thence northerly and along the i 0 east line of said Parcel for a distance of approx imately 400' to a point in the south line of Parcel 52 -1 -25.3; procee=ng thence generally north - easterly and along the south li ne of said Parcel to a point in the centerline of Baker Hill Road; proceeding thence northwesterly and along said centerline for a distance of approximately 400' to a point; proceedi ng t ence northeasterly and along the south line of Parcel 52 -1 -20 for a distance of approximately 2775' to the southeast corner of said Parce.Le proceeding thence northwesterly for a distance approximately 60' to a point in the south 1i ne of Parcel 52 -1 -19; proceeding thence nor thews terly and along the south li ne of Parcels 52 -1 -19; 18; 17; 16 and 15 to the southeast corner of Parcel 52 -1 -15; ( th is a? so be inQ along a d-tinds rj line to a point marking of t eo Mori.ey Monkey R%;n, Water rio::t of way of Lehigh Valleytailread north for propertq,) distance ; pror_eedino 100' to a point thence ge;:ezall,, southwes _erly are? westerly nis.-i.c_ and !9or�':ey R��i Sou -r D_strict); proce_ "ng thence northwesterly and along the east li ne of Parcel 52 -1 -15 to a point i n the certerli ne of New Fork State Route 366; rro_eecLrg thence southwesterly 2,110 along to a said centerline for a to a point marking the of the Monkey former Road (abandoned); rio::t distance of approximately propert;; 2,110 to to a a point; (to a point in to a point marking the of the Monkey former Road (abandoned); rio::t of way of Lehigh Valleytailread north southeast corner of Parcel 53-1-19* proceeding =hence north and alcne Thy e a s c line of said Parcel for a 4istance of approximately propert;; 775' to to a a point; (to a point in the south line of the Monkey former Road (abandoned); rio::t of way of Lehigh Valleytailread north for propertq,) distance ; pror_eedino 100' to a point thence ge;:ezall,, southwes _erly are? westerly alcn^ the south line of the abandoned eh,agh Valley Railroad propert;; to a point apprcximately 275' east of the centerline of Monkey Ran Road (abandoned); proceeding thence north for a distance of approximately 100' to a point r I U is marking the northeast corner of Parcel 53 -1 -17 ; proceeding thence west for a distance of approximately 240' to a point i n the centerline of Monkey Fin Road; proceeding thence south to a point in the centerline of Monkey Run Road where said centerline intersects the south line of Monkey Run Water District and Monkey Run Sewer District; proceedi nq thence generally southwesterly and westerly along said District boundaries to a point is the north li ne of New York State Route 366; proceedi ng thence southwesterly and along the boundaries of Town of Dryden Water District No. 1 and Town of Dryden Sewer District #2 (the parcel lines of Parcels 55 -1 -17 .2 and 17 .3 and Parcels 56 -4 -3 and 5.1 to the poi nt or place of begin ni ng . Wherever refer ence is made to a Parcel, said reference is to Town, of Dryden Tax Map Parcels and such parcel n1.un-bers were taken frcm the Tax Maps last revised March 1, 1990 and i r� orFr a i io pertaining to the reputed owners of parcels was taken fran the 1990 Final Assessment Roll for the Town of D ry den . I. r .�.,".�p.+ vrj"Aqwp - ri-- :T:-*-- •..:r_ -a,. '.'i;�c,...a- n.- t- rryi•.• ----.3 —..- ,..-�. � O -6- I Section 4. The Town Clerk shall, within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State, Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to establish such District as provided for by subdivision 3 of Section 209 -f of the Town Law of the State of New York. Such application shall be executed and verified on behalf of the Town Board by the Supervisor of the Town. Section 5. This resolution is adopted subject to permissive referendum. I • • NOTICE OF ,ADOPTION NOTICE IS HEREBY GIVEN that the Town Board of the Town of Dryden, Tompkins County, New York, at a meeting held on the 22nd day of October, 1991, duly adopted the resolution published herewith, subject to a permissive referendum, Dated: Dryden, New York October 23 1991. E n u 20127 -308P RESOLUTION DATED OCTOBER 22, 1991, A RESOLUTION *'TAXING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TURKEY WILL SEbrLR DISTRICT OF THE TOWN OF DRYDE N , TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12 -A OF THE TOW11 LAW. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined uy the Town Board of the Town of Dryden, Tompkins County, %Iew York, relating to the establishment the Turkey Hill Sewer District; and WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Toy «rn, where the same are available during regular office hours `or examination by any persons interested in the sub3ect Natter thereof; and WHEREAS, said Sewer District shall be bounded and described as hereinafter set forth; and WHEREAS, the improvement proposed for said Sewer District consists of the construction of a sanitary sewer system including approximately 15,515 linear feet of eight -inch gravity sewer main, a pump station and forcemains, 49 manholes, purchase of an interest in the unused capacity at the Ithaca Area Wastewater Treatment plant, and land and rights -in -land, original furnishings, equipment, machinery and apparatus and incidental improvements and expenses in connection therewith; and .— �rc�"a— T"- '- v�.rr -. �! _ .. 7.. �. �.-., �-... r- 1; r- �.., rr., z..- qrr•--• �--• r-- _�'�_--'..'- ..�c.....�- --�,.. 0 0 -2- WHEREAS, the maximum amount proposed to be expended for said improvement is $914,422; and S'1IIEREAS, the proposed method of financing the cost of said improvement is by the issuance of serial bonds of the said TGwn having a maximum maturity of not exceeding forty years, and the cost of said improvement shall be assessed, levied and collected from the several lots and parcels of land within such Sewer District in just proportion to the amount of benefit which said sewer 'improvement shall confer upon said lots or parcels; and WHEREAS, compliance with the provisions of the State Environmental Quality Review Act have been performed and the establishment of the Turkey Hill Sewer District cf the Town of Dryden and the improvements proposed therefor have been determined to be an Unlisted Action, as to which a negative declaration has been made determining that said establishment and the improvements proposed therefor would not result in any significant environmental effects; and WHEREAS, on July 16 , 19911 the Town Board held a public hearing upon the question of the establishment of said Turkey Hill Sewer District of the Town of Dryden and based upon t:n.e discussion held and information received at said public hearing, determined to revise the proposed benefit formula. for the assessment of properties and in said proposed Sewer District; r n ID �3 WHEREAS, the report of Hunt Engineers and Arc]-it-,C,6, o` Corning. New York has been revised to reflect saAd reprised banefit formula; and WHEREAS, an order was duly adopted by said Town Board on SePtember 50 j9g2, recit4 a g description of the bounar'es of Said proposed Sewe: District, t?je improvements prcposed�, the maximum amount proposed to be expended for said improve7,ents, the fact that said reap, plan and report, as revised, were on file in the Town Clerk's office for public instectiori and Specifying the 2nd day of October, 1971, at o'clock P,M, Preval2i -ng Time, at the Varna ComLmiji!it r Ce'1ter, i:� Varna, dew York, in said sawn, as the time When and she place w]-,e;e ^ } Y Bald Torn Board F�rould meet for the purpose Of holding a oubiic hearing to consider the establishme.gt of said Sewer District and said map, plan and rp east, as remised, filed in relation thereto and tc hear all Persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time �4� 0 Prescribed by Section 209 -d of the 'down Law, and Droof of publication and posting has been duly presented to said To•.m Board; and WHEREAS, sS, 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 gEREA , said Town Board has duly considered said mars, plan and report, as reprised and the evidence givenn at said public hearing; IOW, THEREFORE, DE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, Kew York, as follows: Section 1. Upon the evidence given at the aforesaid Dublic hearinq, it is hereby found and determined as follows: ' a) The notice of hearing was published and pasted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed sewer District are benefited thereby: c) All the property and property owners benefited are included within the limits of said proposed Sewer District: and d) The establishment of said proposed Sewer District is in the public interest. Section 2, The establishMer4t of the 'turkey Hill Sewer District of the Town of Dryden, Tompkins County, New York, to -5- L` be bounded and described as hereafter set forth, and the improvem nt the_efor consisting of the the construction of a sanitary sewer system including approximately 15,515 linear Feet of eight -inch gravity sewer main, a pump station and forcemains, 49 manholes, purchase of an interest in the :mused capacity at the Ithaca Area Wastewater Treatment plant, and land and rights -in -land, original €urnis':ings, equipment, machinery and apparatus and incidental imprcvements and expenses in connection therewith, all as more fully described in the aforesaid map, plan and report, as revised, at a maximum estimated cost to the Sewer District of $914,422, are hereby approved. is Section 39 Said Sewer District shall be bounded and described as follows: 40 '�".^ .... � .. -� -�"'+M ._. n 'TTS�1�C►J"a'�TY^^°'."�_ e. -. _ .- .r�_m•^? -.at -! _r�.-r. .- �"_�__. ...— � — _, _ � -. a._ . _ � ..��srr.�.^- -r -�-T.T I C� J t TURKEY BILL SHIER ZIISTRICT APPENDIX A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden, County of Tompkins and State of New York, generally bounded and described as follows BEGI N *ZI NG at a point in the centerline of Mount Pleasant Road, said point or place of beginning being located at the intersection of said centerline with the northwest line of the aba ndo ned Leh igh Valley Railroad property; proceeding thence f ran said point of beginning southeasterly and along the centerline of Mount Pleasant Road for a distance of approximately 400' to a point; proceeding thence south [and along the west line of Parcel 56 -5 -20, being a 14.8 acre 4/- parcel owned by Cornell University (said west line being apprcx irriately 9501 +/- west of the centerline of Turkey Hill Road) and also along the west li nes of Parcels 56 -5 -20; 25.1; 28 and 29 and also along the west li ne of Parcel 57 -1 -7 (said west line being approximately 900' west of the centerline of Tu rkey Hill Road)) to a point in the center li ne of Stevenson Road; proceeding thence east and a to rig s a1 ,d cent er li ne f or a di stance of apprca imately 900' t o a po i nt in the centerline of Turkey Hill Road, proceeding thence northerly and along said centerline of Turkey Hill Road to its intersection with the centerline of Mount Pleasant Road; proceeding thence easterly along the Centerline of Mount Pleasant Road for a distance of approximately 235' to the southeast corner of Parcel 1,353' 57-1-28.9 proceeding thence northerly for approx imately 5201 and along the east parcel lines of Parcels 57 -1 -28; 27; and 26 to a point in the south li ne of Parcel 57 -1 -25; proceeding thence easterly for a distance of approximately 635' to the southeast corner of - said parcel; proceeding thence north (and along the east line of Parcels 57 -1 -25; 57 -1 -24; 23; 22 and a portion of Parcel 57 -1 -21 ) for a distance of approximately 1,353' to a point in the east line of Parcel 157 -1 -21; proceeding thence east for a distance of approximately 509' to a point in the west line of Parcel 57 -1 -30.9; proceeding thence north along said west line for a distance of approximately 97.7' to a point marking the northwest corner of said Parcel; proceeding thence easterly and along the south line of Parcel 57 -1 -20 for a distance of 928.90' to a point; proceeding thence north and along the west parcel li ne of Parcel 57 -1 -38 for a distance of approximately 1650' to a paint (this point being the southwest corner of Parcel 54- 1 -16); proceeding thence northeasterly a rd along the south parcel lines of Parcels 54 -1 -16; 17; 180* 19; 21 ; 23 and 26 to the southeas t corner of Parcel 54 -1 -26; continuing thence northeasterly and along the south parcel lines of Parcels 57 -1 -41.2; 41.1; and 42 to a point in the west line of Parcel 57 -1 -43; proceeding thence southerly to the so*i.hwest corner of said Parcel 57 -1 -43; proceeding thence eas t for a di s*_ance of approximately 600' to a point marking the southeast corner of Parcel 52-1-28* proceeding thence northerly and along the 0 U ea st line of said Parcel for a distance of appr= imately 400' to a point in the south line of Parcel 52- 1_25,3# proceeding thence generally mrth- easterly and along the south line of said Parcel to a point in the centerline of Baker Hill Road; proceeding thence northwest-erly and along said Centerline for a distance of apprOx imately 404' to a point; proceeding thence mtortheasterly and along the south line of Parcel 52-1- 20 for a distance of apprcx imately 275' to the southeast corner of said Parcel: proceeding thence northwesterly for a distance approximately 60' to a point in the south line of Parcel 52 -1 -19; proceeding thence northeasterly and along the south line of Parcels 52.1 -19; 18; 17; 15 arxd 15 to the southeast corner of Parcel 52 -1 -15; i t< is al so be ijlg a bcumda ry line of the Monks =y Ran Water i 1$ �S 1 L' 8 "i MLx:?ti ey+'eIltr 1 C t) : t'--- ',3C�'„i n then northwesterly and along the east lire of Parcel 52 -115 to a pcir�t in the cente =line of New York State Route 365; procee ing thersce sa::thwec terly along said Bert ter li n# for a distance of approximately 2,110r to a Point marking the soLltheas t corner of Parcel 53 -1 -19; pro eec rig thence north a aicn the east ii ne of said Parcel for a distance ci a� roximately 775' tc. a point: (to a point in the south line of the IL r right of way of Lehi Valley Railroad prapert�r); proceeding thence gen era i? southwesterly and Westerly along the so4th line of the abandoned Lehigh Va?ley Rai 1 road proper ty to a po i rrt approx imately 275 " eas t of the cemterli rye of Morkkey Rur, Head {aba rid oned"'► Proceeding thence north for a distance of approximately 140' to a point ■ i Vol • CI marking the northeast corner of Parcel 53-1-17; proceeding thence west for a distance of approximately 240' to a point in the centerline of Monkey rain Road; proceeding thence south to a point in the centerline of Monkey Run Road where said centerline intersects the south line of Monkey Run Water District and Monkey Run Sewer District; proceeding thence generally southwesterly and westerly along said District boundaries to a point in the north line of New York State Route 366; proceeding thence southwesterly and along the boundaries of Town of Dryden Water District No. 1 and Tow n of Dryden Sewer District #2 ( the pa rcel li nes of Parcels 55 -1 -17.2 and 17.3 and Parcels 56 -4 -3 and 5.1 to the point or place of beginning, Wherever reference is made to a Parcel, said reference is to Town of Dryden Tax Map Parcels and such parcel numbers were taken from the Tax Maps last revised March 1, 1990 and in:ormaticn pertaining to the reputed owners of parcels was taken fray; the 1990 Final Assessment Roll for the Toys of Dryden 11 Section 4, The Town Clerk shall', within ten (10) days after the effective date of this resolution, file certified copies of this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New York, r_ogether with an application by this Board in duplicate for permission to establish such District as provided for by subdivision 3 of Section 209 -f of the Town Law of the State of New York. Sucr. application shall be executed and verified on behalf of the Town Board by the Supervisor of the Town. Section 5. This resolution is adopted subject to permissive referendum. 0 �--- rrw,+ �sr- s1-, Rr-•-:^" t•. �C%"_ r��. r�!'+,-.. r..t. e. ec*---^' s ._ :�_,.,.y.,..- �«_�TT,�,- -•..., ..-- .- ...o.. �...'.. -. __. .- .�.' -_ �•'•...— � -..,r— , - -... �.-' - -- •� -,- -- - - 4.c -'.�- E J Councilperson resolution. RESOLUTION NO. Corrigan 3.93 offered the following WHEREAS, the Town Board adopted Resolution No. 193 on October 22, 1991 approving the establishment of the Turkey Hill Sewer District which resolution was adopted subject to a permissive referendum, and WHEREAS, Notice of Adoption of said resolution was duly posted on the Town signboard and published in The Ithaca Journal. as required by law, and WHEREAS, the Town Clerk has received petitions requesting that the proposition be put to a vote of the qualified voters of the proposed Turkey Hill Sewer District at a special town election, and WHEREAS, there are sufficient signatures on enough of said petitions and the same were filed in the time required by law and are otherwise legally sufficient to require such special town election, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS& 1. That a special town election to vote on the proposition on the establishment of the Turkey Hill Sewer District shall be held February 4, 1992 at the Varna Community Center in the Town of Dryden, County of Tompkins and State of New York with the hours of voting from 12:00 noon until 8:00 p.m. prevailing time. 2. The proposition to be voted on by the qualified voters at the special election shall be as follows. PROPOSITION NO. 1 "Shall Resolution No. 193 adopted by the Town Board of the Town of Dryden on October 22, 1991 establishing the Turkey Hill Sewer District and providing for the improvement therefor consisting of the purchase of additional treatment plant capacity at the Ithaca Area Wastewater Treatment Plant and the purchase and installation of approximately 15,515 linear feet of 8 -inch diameter gravity sewer main, a pump station and force mains, 49 manholes and land or rights -in -land, original furnishings, equipment, machinery and incidental improvements and expenses in connection therewith, at an maximum estimated cost to the sewer district of $914,422 be approved "? 3. The Town Clerk is authorized and directed to publish and post the required Notices of the special election according to law. . Seconded Councilperson Hatfield Roll call vote - Clin Roberts Yes Clm liatfield Yes Clm Corrigan Yes Supv Schug Yes C'lm Walbridge No Councilperson resolution. 0 RESOLUTION NO. Roberts 1.94 offered the following WHEREAS, the Town Board adopted Resolution No. 194 on October 22, 1991 approving the establishment of the Turkey Hill Water District which resolution was adopted subject to a permissive referendum, and WHEREAS, Notice of Adoption of said resolution was duly posted on the Town signboard and published in The Ithaca Journal as required by law, and WHEREAS, the Town Clerk has received petitions requesting that the proposition be put to a vote of the qualified voters of the proposed Turkey Hill Water District at a special town election, and WHEREAS, there are sufficient signatures on enough of said petitions and the same were filed in the time required by law and are otherwise legally sufficient to require such special town election, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS* 1. That a special town election to vote on the proposition on the establishment of the Turkey Hill Water District shall be held February 4, 1992 at the Varna Community Center in the Town of Dryden, County of Tompkins and State of New York with the hours of voting from 12:00 noon until 8:00 p.m. prevailing time. 2. The proposition to be voted on by the qualified voters at the special election shall be as follows: PROPOSITION NO. 2 "Shall Resolution No. 194 adopted by the Town Board of the Town of Dryden on October 22, 1991 establishing the Turkey Hill Water District and providing for the improvement therefor consisting of the purchase and installation of approximately 11,400 linear feet of 8 -inch water main, 1,250 linear feet of 6 -inch water main, 2,850 linear feet of service tubing, together with 19 hydrants, 16 gate valves, land or rights -in -land, original furnishings, equipment, machinery and incidental improvements and expenses in connection therewith at a maximum estimated cost to the water district of $609,475 be approved "? 3. The Town Clerk is authorized and directed to publish and post the required Notices of the special election according to law. Seconded Councilperson Hatfield Roll call vote - Clm Roberts YES . Clm Hatfield Yes Clm Corrigan Yes Supv Schuh; Yes Clm Walbridge No TB 1 O_ 22 -51 page 4 RESOLUTION #193 MAKING CERTAIN DETE R14I NAT I ONE) IN and asked for its adopt ion1 (copy 2nd Clm Hatfield TO in minute Roll RELATION_ TO AND APP ROV I NS THE ESTABLISHMENT OF Roberts Yes study until Clm ® THE TURKEY I L L SEWER DISTRICT OF THE TOWN OF _H Yes DRYDE:N, I NS Y, NEW YORK PURSUANT TO - ___TOMPK _CQUN1 Clm Walbridge No ARTICLE 12 -A OF THE TOWN LAW is I Clm Corrigan offered MAKING CERTAIN the following resolution and asked for its adopt ion1 (copy 2nd Clm Hatfield TO in minute Roll book) cell vl:lte - OF THE TOWN OF DRYDE:NL_,TOf PKINS _COUI\ITYx NEW YORK. PURSUANT :r0 the Clm 12 -A OP THE Roberts Yes study until Clm legal Hatfield Yes Clm Carrigan Yes Supv Schug Yes Clm Walbridge No RESOLUTION #194 MAKING CERTAIN DETE;RIyI T NA_ T IONS IN ability RELATION TO _ AND APPROVING THE ESTABLISHMENT OF. THE TURKEY HILL WATER DISTRICT OF THE TOWN OF DRYDE:NL_,TOf PKINS _COUI\ITYx NEW YORK. PURSUANT :r0 the ARTICLE 12 -A OP THE LAW _ further study until _TOWN legal questions have been answered. Clm Roberts offered adoption: (copy 2nd Clm Hatfield the following resolut il_in and asked for its in minute book) C1rn Clm C I m SLrpv C I m Roll call vote - Robert s Yes Hatfield Yes Carrigan Yes Schug Yes Walbridge No Closed town board meeting George Schlecht - went over infl.mirmation ability i for the Southwest water district. After repizirt to be was given the cars town board decided to table any further study until some legal questions have been answered. The Town Board discussed the Plere gr ability i ne Ho l l i_ w subdivision and qLtestions that have to be considered. 800 cars in I. Traffic and the ability for the road to handle another 5000 cars. 800 cars in the first phase. c'. Safety Clm C_rrigan - from the response she has heard is the safety factor, the crowding factor with the slowing of traffic, safety for children in the area, possible accidents. They are concerned about the one entrance. C E r� U TB I O -" -91 page S Clrni Walbridge - thought the projer_t will dramatically increase 'the traffic. 3. Increase in cars - 4. Intersection �. Steep hill going down 6. Narrowness of road 7. Adequate fire flew for fire protection 8. Character of the neighborhood (detached VS attached) and rental property, density, increase in school. children. 9. Park /Open space - 10. Wet lands - there is a pored that is in the wetland and was offered to the t :own, but the tizziwri rejected. 11. Water and sewer- f 1 ow - George Schlecht - in his review letter he made it very clear to the Planning Board that he did not do anything as far as Part II and Part III of the EAr and narrowed his scope as to what he reviewed on part I of what he was asked t ., dia. He was not asked to look at any other issues. In fact, for traffic he made a special note as far as the assessment of the traffic that he thought that they had to go to the Town of Ithaca. who wimDuld be involved and they WOUld have to make the assessment on the impact. As far as fire flaw goes they did a flow test on a hydrant arid it indicates that there will be ernough fire flow for this pro_1ject. This is the only impact that he sees on this project, because this project taps in before the pump station. He is c1,jnvinced that there is ample fire flaw. At the stage they are in now -this whole question of the design and the trial analysis of the fire flow is an area which has to be taken care _if in the final design. Clm Walbridge -- she is hearing that this is too dense a development t _, not have adequate fire prcitect ion. If there isn't adequate fire protection we should not be allowing dense devell_ipment like this. George Schlecht - there is plenty of flow because there is a 500, x_04) gallon tank up the hill. Supv Schug - we carp check off that there is adequate fire flow. George Schlecht - did ricit hear that as being one of the main concerns, / `V/ TB 1 O- -22 °_S 1 George Schlecht ® a sewer district be taker, care of It is unfair to analysis before 0` Clm Wal it to g though accumul project page 6 -- this project can not go thrt-11_kgh unless there is with SJS and this is <� major hurdle that has to between preliminary approval and final de:s i gn. ask there tc1 form a sewer district and do the the preliminary planning. bridge ° a lot of et approval and gi_ it was marginally ation of different people in the neighborhood do not want way down the road and you allcmiw it even engineered. People feel that an things are marginal might tip over the Supv Schug - the water and sewer flew would have to be solved before they even start phase one. TRAFFIC - One entrance Clm Walbridge - that coUld easily be solved by insisting that the whole road be put through. Supv Schug - or a road being the design road for phase three. George Schlecht - one way to mitigate this is that the Planning Board suggested that the entrance be made wider so that it has mountable curbs, which has been approved. This is how is has been mitigated until. now. If you put in a sec_ind entrance it has a plus. The negative is that y :ju have.2 cuts on Snyder Hill Road and now you only have 1 cut. There are pros and cons and if you have more than 1 coat there is a greater chance for accidents. bMPV 0011Aq m if Snyder Hi and a traffic light was i in and rJut of the project lot of problems. Supv Schug - they are tal alignment of pine Tree ar 11 Rd ristal and king d Jud INCREASE IN THE NUMBER OF CARS was widened at their one entrance led to control the flow i -if traffic on Snyder Hill Rd it would solve a, about making a change in the d Falls Rd intersection. Supv Schug -- if this project does ni -it go in, within ablaut 5 years time you will have the same number of cars. George Schlecht - the increase in traffic should be a concern but when y_ou compare what impact this has it is unrealistic to assume that the wi,irld is a static place. If these 84 units don't sit here in Dryden, where are they going to sit in Dryden. The traffic will end up the same at pine Tree Rd even if these 80 houses are strung oLit along Snyder Hill Rd. The traffic is gc1ing to increase significantly ever, without this development. This project responds to the demand for hiausing in the southern section of Dryden. lYz r 5/3 TB10 -22 -91 page 7 Clm Walbridge area. We what will - but, you are localizing are putting a very small be the fixture development area of traffic orit o that i.r, that road. a road We certain and adding are adding a lot more cars in a significant area. not just with phase cane. In Atty Perkins more way - there you phase is a possibility that three the nether have. so that phases might not even be built and there i s no guarantee. claims realizes by George Schlecht _1ri his initial letter one year ago it was pointed out that there was only one entrance. One possibility to mitigate this is to have two entrances. Subsequent to that review letter the Planning Board decided that a better mitigated approach was to increase the read surface with mountable curbs, which would allow the ability to by pass the traffic. He thinks this was a good decision and agrees with its Supv Schug - we can't solve the problem with the Fine Tree intersection, but maybe something can be done with the road and the possibility of a traffic control device to solve the problem. CHARACTER OF THE NEIGHBORHOOD George Sc.hlecht - these would be all privately awned houses. PARK AND OPEN SPACE George Srhlecht is next phases is important - how the density because arid open space he has the same compares number of to the units as measured over Board can meet the whole project, - we not just with phase cane. In phase one you have to have some more way units than to control you phase wle two u 1 d otherwise and three have. so that You he have doesn't sell this density. it He tc, someone doesn't else and knew if the that person Planning Board claims realizes by rights this. S,Apv Schug _apposed to - from the letters phase one, but they he has want received the people to knew what phase two are not and phase three look like. the Town Board can meet with the Planning Clm Walbridge - we need that lacked with in so we can't have a sale of the .land that sudderg1y becomes open .land and everything becomes very dense. at the town hall. Supv Schug - it seems that all of these problems can be mitigated or worked can. the Town Board can meet with the Planning B ryard to try and help them with these items. Planning Board to meet on Wed. 11 -13 -91 zin this subject at SPMOOPM at the town hall. Adjourned: 9 : 00P1Y1 • ,� Susanne 1..1 oyd Town Clerk