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HomeMy WebLinkAbout1993-04-13i • TOWN BOARD MEETING PUBLIC HEARING SPECIAL PERMIT - Hovanec Builders APRIL 13, 1993 Minutes of public hearing 7e30PM SUPV Schug read the ricit ice that was published in the newspaper concerning the application c- if Hovanec Builders (copy in minute book.) QUESTIONS AND /OR COMMENTS Carl Andrews - this is on a 59 Viceroy Home. Hovanec Builders Homes. They sell mi_id u 1 ar, pre e planning on a modI_ilar home in t having his office in the lower level. He did not see any negat area. The land will remain pret not plan on taking di_nwn any of residential home and will also home. There are ric.1 plans for a some of the land t� � the ad j! Mini acres parcel and would be a model is the distributc.irs .-if Viceroy ngineered and panel homes. He is he $200,000.00 range. He plans on level and will live in the upper ive impact in the surrounding ty much the same because he does the -trees that are there. It is a be landscaped as a residential subdivision and would like to sell rig neighbors. C l m Roberts s - wanted t i-. 1 know how many employees he planned on having. Carl Andrews - he plans on having one or two sales persons on a rotation basis. They average abo Ut B homes a month. Clm Baker - wanted to knew about signage and lighting. Carl Andrews - signage would be whatever the coning ordinance permitted and he plans on lighting for a normal hi ::fuse. C 1 m Roberts - questions item #10 on the short EAF form. Does action involve a permit approval, or funding, now or ultimately from any other governmental agency (Federal, State or Local). Z.O. Slater - the answer should be no Supv SchUg - wanted to knew aboi_tt traffic turning into this 1 C scat ion. Carl Andrews - he is open to whatever is required or recommended. Closed public hearing 7:4OPM 41 0 E f.tllara ,ir= l.,Irna1 News W State Street I:l-haca., How York. r`lttrl: I:)! :nrla Carr, Legal. Ads PI._.E =(1SE F'UFiLISM the fP-Dll1_wirig flf'RSL.. 7TF1, 1993 and bill the l- .Flint_ NOTICE rn.� T*I_Iwrl ':If Dryden. later^ than WEDNE=SDAY 1 ='L_L DrVderl T• Ita,n =ASE= TAKE._ HE=AF?INCi PJOTICE= wi.11 be that I ±erl the Af= • TB4 -13 -93 Page c TOWN BOARD MEETING APRIL 13, 1953 Supv Schug called the meeting t� � order at 7 a 4OPM Members and quests participated in the Pledge of Allegiance Roll call was by the Town Clerk= Present: Supv Schug, Clm Roberts, Clm Baker, Clm Hatfield, Clm Corrigan, Atty Perkins, Z.O. Slater and George Schlecht. RESOLUTION #` 6 ACCEPT E .'AF F70R_M ySPECIAL. PERMIT - MCARL ANDREWS Clm Roberts offered the following resolution and asked for its adoptiona RESOLVED, that this Town comment for Carl Andrews. significant environmental should be made. Board accept the EAF f c_irm filed without It was determined there was no impact and a negative declaration `rid Clm Corr i g an Roll call vote - all voting Yes RESOLUTION #97 GRANT SPECIAL PERMIT - Carl Andrews Clm Hatfield offered the following resolution and asked for its adopt ion RESOLVED, that this Town Board grant a special permit to Carl Andrews to establish a home occupation with the standard "Boiler Plate Conditions" adopted 7 -10 -90 and that as long as the business is there he has to live at that location. grid Clm Corrigan Roll call vote - all voting Yes COUNTY BRIEFING Co. Rep. Evans - reported that DR7 is no li_jnger considered for a landfill site. The issue was not environmental, but economical. Over the next 10 years the county should be able to transport their trash to a regional landfill somewhere within the state with a savings .-if eight million dollars over a 10 year period instead of building a landfill. The vote was unanimous with 4 members being absent at the county meeting. There is still some work that has to be done and he will see the aunty makes every effort to restore the DR7 site as best as they can. This means pulling and plugging the test wells, all requests for permits with DEC be withdrawn and arty use of that site would have to be started from the beginning. Supv Schug - questioned if all permits with the Army Corp of Engineers have been withdrawn. Co. Rep. Evans - that permit runs out in January under any circumstances, because they have a c year limit. He will check on this since it would be January 1994. 4 . Vz I I i • • • TB4 -13 -93 Page 3 Co. Rep. Evans - reported that West Dryden C� �mM Unity Center has received youth commissii.-in wanted the a grant of $50900('J.00 as from the state. Co Rep. Evans - reported the sales tax vote was passed and the City of Ithaca received $8251000.).00 additional revenue from the county to agree t� � the sales tax. It is still the 25/75 split. The towns received nothing. Mr. Phil Shurt leff chose to vote with the City of Ithaca because he felt his town Would squander the money and that he was unwilling to s!!ppOrt a 20 percent county tax increase, which it would have been. The resolution Co. Rep. Watros proposed was a 50/50 split. The towns Would at least have had a chance to reduce their property taxes and we would have been better off. The city received more than if they received the 50/50 split. CITIZEN PRIVILEGE OF THE FLOOR Ann Bianchi, Dryden Youth Commission - gave material to beard members. The conservation corp is planning on several projects. 1- working can the Etna park with cleaning it up arid building picnic tables, benches and a climbing structure9 2- doing landscaping around the Ellis Hollow Community Center and to build bird houses there. If time allows the cortimunity center Would like some of the trees they have planted cleared around. There was some discussion abut working on cemeteries in the town arid they are willing to take on one cemetery the town can identify to see how it works .out. Ann Bianchi, presented the town board with a Certificate of Appreciation plaque for the Dryden Youth Commission, and a booklet that describes what all of the youth commissions did throughout the county this past year. Discussion for the youth commission wanted to knew if this was about the same anll-.1unt as budget. Supv Schug - wanted to know if the youth commissii.-in wanted the budget approved tentatively as it stands. C l m Roberts wanted to knew if this was about the same anll-.1unt as last years budget. Supv Schug - it is for the same period of time. RESOLUTION #98 APPROVE DRYDEN YOUTH COMMISSION BUDGET Clm Roberts offered the fj_il li •wing resc.1lut i� �n and asked for its adoption* RESOLVED, that this Town Board Youth Commission budget for the 2nd Clrii Baker Ro I1 ca tentatively approve the Dryden year 1993. 11 vote - all voting Yes #j I TB4 -13 -93 Page 4 Gordon Ho 1 1 ern, from about the traffic on maintain the flashing George Junior Republ i these lights. The spe George Junior Republic - there is concern Rt 38. They are willing to install and lights if the state will approve them. c would like the towns support to apply for ed limit now is 35 MPH. Supv Schug - the town worked closely with Dryden Central School when they applied for the ones they have and are willing to work with George Junior Republic. RESOLUTION ##99 APPLY _ TO STATE FOR FLASHING LIGHTS FOR GEORGE_ JUNIOR REPUBLIC Clm Corrigan offe adoption: RESOLVED, that th we can apply to t 2nd Clm Roberts red the following is Town Board supp he State for flash Roll call resolution and asked for its ort George Junior Republic so ing lights. vote - all voting Yes Marty Bleiweiss - wanted to recommend the fine .job the highway department did during the time of the blizzard. Robert Kirk, Turkey Hill Rd - wanted to � kn ow the status of the Turkey Hill water /sewer district. He heard there was still approval necessary for the district to use the cities sewer ® system. The statement was made that they wondered how the state approved the district without a letter from them stating the town could go through their plant. He wondered if this was a problem or has everything been cleared away. Supv Schug - there is a meeting next week and the town does yawn a share of the plant. COUNCILMAN PRIVILEGE OF THE FLOOR Clm Robert s - reported ed t here are some residents on Thomas Road that are now receiving cable service. ATTORNEY ACC Atty Perkins - reported there is a 120 day freeze on all cable rates that ACC can charge. There is no benchmark as to whether or not their charges are reasonable. The NYS Comm. on Cable Television suggested that the town finalize the franchise with ACC reserving the rights to exercise local 01 :1ntrol. RESOLUTION_ #100 APP ROVE FINAL. 0 RDE R TURKEY HILL SEWER DISTRIC_f Clm Corrigan offered the following mowing resol ut ion and asked for its adoption: (01 .-lpy in minute book) 2nd Clm Hatfield Roll call vote - all voting Yes i i i 0 s_ 0 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Dryden, Tompkins County, New York, on April 13, 19.93, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Dated: Dryden, New York, April 14 , 1993. BOND RESOLUTION DATED APRIL 13, 1993, A RESOLUTION AUTHORIZING THE ISSUANCE OF $914,422 SERIAL BONDS OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SEWER DISTRICT OF SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 -A of the Town Law, and more particularly an order dated April 13, 1993, the Town Board of the Town of Dryden, Tompkins County, New York, has established Turkey Hill Sewer District of the Town of Dryden, Tompkins County, New York; WHEREAS, it is now desired to authorize the improvements proposed therefor as more fully set forth in said order establishing Turkey Hill Sewer District of the Town of Dryden, Tompkins. County, New York, and to provide the financing thereof; 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 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 P proposed therefor would not result in any significant environmental effects, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of a sanitary sewer system including approximately 15,515 linear feet of eight -inch gravity sewer i 0 -2- 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, at a maximum estimated cost of $914,422, there are hereby authorized to be issued $914,422, serial bonds of the Town of Dryden, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. The plan for the financing of the aforesaid specific object or purpose shall consist of the issuance of the $914,222 serial bonds of said Town, authorized to be issued • pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph, a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section --4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes. in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal • officer. Such notes shall be of such terms, form and contents, I n U .3. and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Dryden, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the several lots and parcels of land within said Turkey Hill Sewer District, which the Town Board shall determine and specify in the manner provided by law to be especially benefited by such improvements, 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. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Dryden, Tompkins County, New York, by the manual or facsimile signature of the Supervisor;.--`.and a' facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk, Section 7. The powers and duties of advertising such bonds for sale,, conducting the sale and awarding. the bonds, are hereby • delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he I I -4- shall deem best for the interests of the Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he 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 the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the • method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for- the printing and delivery of said bonds_ (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, matur places of.'' payment, other issues, shall hereby determined th ities and interest payment dates, place or and also including the. consolidation with be determined by the Supervisor. It is at it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any 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 i 1 • 0 0 .5- Law, no such charges shall be so collected by the fiscal agent: Such bonds 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and /or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation, Section 10. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered= owners of such serial bonds any 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 s.o collected by the fiscal agent. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, I L� -6- instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board, Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or- proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal the official newspaper, together with a notice of the Town Clerk in . substantially the form provided in Section 81.00 of the Local Finance Law. 1 I •,r • PRESENT: James F. Schug Supervisor Charles Hatfield Councilman Elizabeth Corrigan Councilman Ronald Roberts Councilman John Baker Councilman -.0 20127 -308P At a regular 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 the 13th day of April, 1993, at 7:30 o'clock P. M., Prevailing Time, In the Matter ' of the Establishment of a proposed ' sewer district in the Town of FINAL ORDER Dryden, Tompkins County, New York ' to be known as the Turkey Hill ' Sewer District of said Town ' WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has heretofore duly caused a map, plan and report including an estimate of cost, to be prepared by Hunt Engineers and Architects of Corning, New York, duly licensed by the State of New York, which have been filed in the office of the Town Clerk of said `• Town in relation to the establishment a proposed sewer district in said Town, to be known as Turkey Hill Sewer District, and 4 . l� -2- WHEREAS, an order was duly adopted by said Town Board on August 261 1992, reciting a description of the boundaries of said proposed Turkey Hill Sewer District, the improvement proposed therefor, the maximum amount proposed to be expended for said improvement, the proposed method of financing to be employed, the fact that said map, plan and report, including estimate of cost, were on file in the Town Clerk's office for public inspection, and specifying the 8th day of September, 1992, at 8:00 o'clock-P.M., Prevailing Time, at the Town Hall, 65 East Main Street, in Dryden, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same, i WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209 -d of the Town Law and proof of such publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard; WHEREAS, following said public hearing, and based upon the evidence given thereat, on September 8, 1992, said Town Board, duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section 209 -e of the Town Law and approving the establishment of said Turkey Hill Sewer District, such resolution being adopted subject to permissive referendum; -3- WHEREAS, notice of the adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly-presented to this Town Board; WHEREAS, following the submission and filing of a petition against said resolution requesting a referendum in connection therewith and the holding of a referendum on December 15, 1992, a proposition was approved regarding the establishment of said District, and WHEREAS, in response to an application duly made pursuant to subdivision 3 of Section 209 -f of the Town Law, the State Comptroller has duly made an order, in duplicate, dated March 24, 1993, granting permission for the establishment of said Turkey Hill Sewer District, one copy of which has been filed in the office of the Town Clerk and which has been submitted to said Town Board, NOW, THEREFORE, IT IS HEREBY ORDERED; by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. Turkey Hill Sewer District in the Town of Dryden, Tompkins. County, New York, in accordance with the aforesaid order of the State Comptroller, is hereby established, to be bounded and described in Appendix A attached hereto and hereby made a part hereof. LO -4- Section 2. 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 I connection therewith, substantially in accordance with the aforesaid map, plan and report, including estimate of cost, is hereby authorized and approved. The maximum I amount to be expended by said Turkey Hill Sewer District pursuant to these proceedings for said improvement shall not exceed $914,422. Said cost of said improvement shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, payable in the first instance from assessments levied upon and collected from the several lots and parcels of land within said Turkey Hill Sewer District, in just proportion to the amount of benefit which said improvements shall confer on said lots and parcels, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. The maximum estimated cost for said improvements shall not exceed $914,422. • .5- Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Tompkins County, New York, within ten days after the adoption of this order by this Town Board and to file a certified copy thereof within that time' in the office of the State Department of Audit and Control, in Albany,.New York, both pursuant to subdivision 1 of Section 209 -g of the Town Law, L-9 Section 4. This order shall take effect immediately. 1 i t' i l 0 The question of the adoption of the f to a vote on roll call, which resulted as James F. Schug VOTING Charles Hatfield VOTING Elizabeth Corrigan VOTING Ronald Roberts VOTING John Baker VOTING The order was thereupon declared duly oregoing order was duly put follows: Aye Aye Aye Aye Aye adopted. I Fe STATE OF NEW YORK )ss: COUNTY OF TOMPKINS I, the undersigned Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the order contained therein, held on April 13, 1993, 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 The Ithaca Journal Date given January 4,1993 I • (-0 -2- I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Town Signboard January 4, 1993 Vestibule Town Hall 65 East Main Street Dryden, New York 13053 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on April 14 , 19934 (CORPORATE SEAL) I i t f TUR PMY BILL S 9d ER III S TR IC T APPENDIX A ALL ThAT TRACT OR PARCEL OF LAtU situate in the Town. of Dryden, County with the northwest of Tompkins of the and State of New York, generally beanded and described t!:m.nce as follows BEGI NG at a point in the. centerline of No�ant Pleasant Road, saic point or place of beginning being located at the intersecticn of said centerline with the northwest line of the a r,doned Lehigh valley Railroad property, proceeding t!:m.nce f rap said po i nt of begi nni ng southeasterly and along the centerli ne of Mount Pleasant Road for a distance of x :at2'_} ?00' to a pci-r' ; proceedi no thence south (and 7) ID t`;=- Wes t 1 ne c -f Parcel 56 -5 -20, being •a 19.8 acre +/- parcel owned by Correll University (said west line being a� r r�r. i* at �ly 9501 +; - we=t of the centerline of Turkey Rill Rcad) an3 also alcno the west Li nes of Parcels 56 -5 -20; 25.1; 28 and 29 and also along the west line of Parcel 57-1-7 (said west line being approximately 900: West of the cer,t_erIi n'9 of Tu rkey Hill Road)) to a point in the center 1 ne of Stevenson Road; proceeding thence east and alcr,� ceid centerline for a distance of apprcaimately 900' to a point_ in the centerline of Turkey Hill Road; proceeding thence r.or the_ly and along said centerli ne of Turkey Bill Road to its i ntersection with the centerline of Noun`. Pleasant Road; proceeding thence easterly along the center 1i ne of Mount pleasant Road for a diataoce of I Ar i,. VO I' approximately 235' to the southeast corner of Parcel 57-1-28,o 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 line 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 (and along the east 1i ne 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 `7 -1 -21; proceeding thence east for a distance of approximately 509' to a point in the west li ne 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 northwec..t rnrner of said Parcel, proceeding thence easterly and alonq the south 1 one o` Parcel 57 -1 -20 for •a di stance of 928.90' to a point; proceeding thence north and along the west parcel line of Parcel 57 -1 -38 for a distance of apprcximately 1650' to a point (this point being the southwest corner of Parcel 54- 1 -16); proceeding thence nor theaster1 a-►d along the south parcel lines of Parcels 54 -1 -16; ,.17;_: 18; 19; 21; 23 and 26 to the southeast corner of Parcel 54 -1 -26; continuing thence northeasterly and along the south parcel lines of Parcels 5; -1 -41.2; , 41.1; and 42 to a point in the west line of Parcel 57 -1 -43; proceeding thence southerly to the soithwes t corner cf sai d Parcel 57 -1 -43; proceeding thence east for a distance of approximately 600' to a point marking the southeast corner of Parcel 52-1-280 proceeding thence northerly and along the east li ne of said Parcel for a distance of apprcac imately 400' to a point in the south line of Parcel 52 -1 -25.3; proceeding thence generally north - easterly and along the south li ne of said Parcel to a point in the centerline of Baker Hill P.oad; proceeding thence northwesterly and along said centerli ne for a distance of approximately 400' to a point; proceeding thence northeasterly and along the south line of Parcel 52 -1 -20 for a distance of approximately 275' to the southeast corner of said Parcel; proceeding thence northwesterly f or a distance approximately 60' to a point in the south line of Parcel 52-1-19 ; proceedi n g thence nor theasterly and along the south line of Parcels 52 -1 -19; 18; 17; 16 and 15 to the sol.)theast corner of Parcel 52 -1 -15; ( to is also being a boundary line of the Monkey R .in Water D 2n r .•ce�..�: . �hen, 2 .; nor thwes ter iv and along the east line of Parcel 52 -1 -15 to a poi n in the cen tea r1i ne of Nsa York State Route 366; Froceer.Ling thence scathwes terly along said centerli ne for a distance of approximately 2,110' to a point marking the so-otheas t corner of Parcel 53 -1 -19; proceeding thence north and alcna ttie east line of said Parcel for a distance of approximately 775' to a point; (to a point in the south line of the former right of way of Lehigh Valley Railroad proper ty> ; proceeai nq thence general' so. - ,*thwesterly and •.:e: terly aicng the sccth line of the abandoned Lehigh Valley Rai 1 road proper ty to a po i nt approx imat ely 27 5 ' eas t of the centerli ne of Monkey Run Road (abandoned); proceeding thence north for a distance of approximately 100' to a point i 1 marking the northeast corner of Parcel 53-1-17; pro ceedin 9 (Off thence west for a distance of approximately 240' to a point in the centerline of Monkey Run 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 li ne of New York State Reute 366; proceedi ng thence southwesterly and along the boundaries of Town of Dryden Water District No. 1 and Tow r) of Dryden Sewer District #2 (the parcel lines of 0 1' Parcels 55 -1 -17.2 and 17 _3 aryl Parcels 56 -4 -3 and 5.1 to the point or place of begi nni ng. kaere'Ver reference is made to a Parcel, said reference is to Town of Dryden Tax Map Parcels and such parcel numbers w °re taken f ran the Tax Maps last revised March 1, 1990 and irn_orinaticn pertaining to the repu=ed owners of parcels was taken frcrr, the 1990 Final Assessment Roll for the Town of D')' d_n _ I LJ 0 20127 -309P At a regular 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 April 13, 1993, at 7:30 o'clock P.M., Prevailing Time. The meeting was called to order by James F. Schug and upon roll being called, the following were PRESENT' James F. Schug, Supervisor Charles Hatfield, Councilperson Elizabeth Corrigan, Councilperson Ronald Roberts, Councilperson John Baker, Councilperson ABSENT : None The ---following resolution was offered by Councilperson Hatfield who moved its adoption, seconded by Councilperson Roberts tO —wit as I • 0 BOND RESOLUTION DATED APRIL 13, 1993. .A RESOLUTION AUTHORIZING THE ISSUANCE OF $914,422 . SERIAL BONDS OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SEWER DISTRICT OF SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 -A of the Town Law, and more particularly an order dated April 13, 1993, the Town Board of the Town of Dryden, Tompkins County, New York, has established Turkey Hill Sewer District of the Town of Dryden, Tompkins County, New York, WHEREAS, it is now desired to authorize the improvements proposed therefor as more fully set forth in said order establishing Turkey Hill Sewer District of. the Town of Dryden, Tompkins County, New York, and to provide the financing thereof; 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 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, would not result in -any significant environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of a sanitary sewer system including approximately 15,515 linear feet of eight -inch gravity sewer H • -2- 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 i furnishings, equipment, machinery and apparatus and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $914,422, there are hereby authorized to be issued $914,422, serial bonds of the Town of Dryden, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. The plan for the financing of the aforesaid specific object or purpose shall consist of the issuance of the $914,222 serial bonds of said Town, authorized to be issued • pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph. a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein j I authorized�will- exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, ,r U -3- and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law, Section 5. The faith and credit of said Town of Dryden, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the several lots and parcels of land within said Turkey Hill Sewer District, which the Town Board shall determine and specify in the manner provided by law to be especially benefited by such improvements, 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. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Dryden, Tompkins County, New- York, by the manual or facsimile signature of the Supervisor and a facsimile of t its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk, Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he � r+ -4- shall deem best for the interests of the Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he 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 the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or • facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for- the printing and delivery of said bonds (and if said bonds are to be executed in the 'name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of.a designated official of the Town), the date, denominations-, - maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from .registered owners of such serial bonds any 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 i 0 0 • -5- Law, no such charges shall be so collected by the fiscal agent. Such bonds 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and /or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities -Corporation, .Section 100 It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any 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. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, G F I I i • 0 • -6- instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or- proceeding contesting such validity i`s commenced within twenty. days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal , the official newspaper,- together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law, I I I • i 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 Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye Ronald Roberts VOTING Aye John Baker VOTING Aye The resolution was thereupon declared duly adopted. E 0 ' a • i 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 Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye Ronald Roberts VOTING Aye John Baker VOTING Aye The resolution was thereupon declared duly adopted. E 0 STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) I, the undersigned Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on April 13, 1993, 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: I I • f STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) I, the undersigned Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on April 13, 1993, 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: I I • CJ • Newspaper and /or other news media The Ithaca Journal Date given January 4, 1993 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting Town Signboard January 4, 1993 Vestibule Town Hall 65 East Main Street Dryden, New York 13053 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on April 14 1993. (CORPORATE SEAL) a } 0 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Dryden, Tompkins County, New York, on April 13, 1993, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or i proceeding contesting such validity is commenced within twenty 1. days after the date of publication of this notice, or such • obligations were authorized in violation of the provisions of the Constitution. Dated. Dryden, New York, April i4, 1993. Is 4 0 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Dryden, Tompkins County, New York, on April 13, 1993, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or i proceeding contesting such validity is commenced within twenty 1. days after the date of publication of this notice, or such • obligations were authorized in violation of the provisions of the Constitution. Dated. Dryden, New York, April i4, 1993. Is 4 4 is BOND RESOLUTION DATED APRIL 13, 1993. A RESOLUTION AUTHORIZING THE ISSUANCE OF $606,475 SERIAL BONDS OF 'THE TOWN OF DRYDEN , TOMPK I NS COUNTY, NEW YORK, TO • PAY THE COST OF THE CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM TO SERVE TURKEY HILL WATER DISTRICT OF SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance S. with the provisions of Article 12 -A of the Town Law, and more particularly an order dated April 13, 1993, the Town Board of the Town of Dryden, Tompkins County, New York, has established Turkey Hill Water District of the Town of Dryden, Tompkins County, New York, WHEREAS, it is now desired to authorize the improvements proposed therefor as more fully set forth in said order establishing Turkey Hill Water District of the Town of Dryden, Tompkins County, New York, and to provide the financing, thereof, and • WHEREAS, compliance with the provisions of the State Environmental Quality Review Act have been performed and the establishment of the Turkey Hill 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 would not result in any significant environmental effects, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows, Section 1. For the specific object or purpose of paying the cost of the construction of a water distribution system in the Turkey Hill Water District of the Town of Dryden including iapproximately 11,400 linear feet of, eight -inch water main, approximately 11250 linear feet of six -inch water main, i 1 I i i • 0 L� 1 .2- approximately 2,850 linear feet of service tubing, 19 hydrants 16 gate valves and land and rights -in -land, original furnishings, equipment, machinery and apparatus and incidental improvements and6 expenses in connection therewith, at a maximum estimated cost of $606,475, there are hereby authorized to be issued $606,475, serial bonds of the Town of Dryden, Tompkins County, New York pursuant to the provisions of the Local Finance Law, Section 2. The plan for the. financing of the aforesaid specific object or purpose shall consist of the issuance of the $606,475 serial bonds of said Town, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision.l of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. .Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes. in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, c • 0 0 i -3- and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The Tompkins County, New payment of the princ same respectively be be assessed upon the Turkey Hill Water Di faith and credit of said Town of Dryden, York, are hereby irrevocably pledged to the ipal of and interest on such bonds as the come due and payable. There shall annually several lots and parcels of land within said strict, which the Town Board shall determine and specify in the manner provided by law to be especially benefited by such improvements, 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. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Dryden, Tompkins County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk, Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he N i • 0 -4- shall deem best for the interests of the Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he 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 the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the'name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of __payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mai- ling, 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 I 9 I • -5- Law, no such charges shall be so collected by the fiscal agent. Such bonds 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 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and /or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation, Section 10. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered. owners of such serial bonds any 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. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, i *. is r� u -6- instruments or to do any, similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose . for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting 'such validity is commenced within twenty days after the date of such publication, WA 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal the official newspaper, together with a notice of the Town Clerk in • substantially the form provided in Section 81.00 of the Local Finance Law. i PRESENT: James F. Schug Supervisor Charles Hatfield Councilman Elizabeth Corrigan Councilman Ronald Roberts Councilman John Baker Councilman 20127 -309P At a regular 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 the 13th day of April, 1993, at 7:30 0' clock P. .M., Prevailing Time. In the Matter ' of ' the Establishment of a proposed ' water district in the Town of ' Dryden, Tompkins County, New York ' to be known as the Turkey Hill ' Water District of said.Town ' ------------------------------ - - - - -' FINAL ORDER WHEREAS, the Town Board of the Town of Dryden, Tompkins County, New York, has heretofore duly caused a map, plan and report including an estimate of cost, to be prepared by Hunt Engineers and Architects of Corning, New York, duly licensed by the State of New York, which have been filed in the office of the Town Clerk of said Town in relation to the establishment a proposed water district in said Town, to be known as Turkey Hill Water District,N and i i i -2- WHEREAS, an order was duly adopted by said Town Board on August 26, 1992, reciting a description of the boundaries of said proposed Turkey Hill Water District, the improvement proposed therefor, the maximum amount proposed to be expended for said improvement, the proposed method of financing to be employed, the fact that said map, plan and report, including estimate of cost, were on file in the Town Clerk's office for public inspection, and specifying the 8th day of September, 1992, at 8:00 o'clock P.M., Prevailing. Time, at the Town Hall, 65 East Main Street, in Dryden, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209 -d of the Town Law and proof of such publication and posting has been duly presented to said Town Board, WHEREAS, said public hearing was duly held at the.time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard, WHEREAS, following said public. hearing, and based upon the evidence.given thereat, on September 8, 1992, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section 209 -e of the Town Law and approving the establishment 'of said Turkey Hill Water • District, such resolution being adopted subject to permissive referendum, -3- 1 l • i .0 WHEREAS, notice of the adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been i duly presented to this Town Board, I WHEREAS, following the submission and filing of a petition 1 against said resolution requesting a referendum in connection i therewith and the holding of a referendum on December 15, 1992, a proposition was approved regarding the establishment of said District; and i WHEREAS, in response to an application duly made pursuant to subdivision 3 of Section 209 -f of the Town Law, the State Comptroller has duly made an order, in duplicate, dated March 24, 1993, granting permission for the establishment of said Turkey Hill Water District, one copy of which has been filed in the office of i the Town Clerk and which has been submitted to said Town Board; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Dryden, Tompkins i County, New York, as follows: Section 1. Turkey Hill Water District in the Town of Dryden, Tompkins County, New York, in accordance with the aforesaid order of the State Comptroller, is hereby established, to be bounded and described in Appendix A attached hereto and hereby made a part hereof. 0 -4- Section 2. The construction of a water distribution system including approximately 11,400 linear feet of eight -inch water main, approximately 11250 linear feet of six -inch water main, approximately 2,850 linear feet of service tubing, 19 hydrants 16 gate valves and land and rights -in -land, original furnishings, equipment, machinery and apparatus and incidental improvements and expenses in connection therewith, substantially in accordance with the aforesaid map, plan and report, including estimate of cost, is hereby authorized and approved. The maximum amount to be expended by said Turkey Hill Water District pursuant to these proceedings for said improvement shall not exceed $606,475. Said cost of said improvement shall be financed by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, payable in the first instance from assessments levied upon and collected from the several lots and parcels of land within said Turkey Hill Water District, in just proportion to the amount of benefit which said improvements shall confer on said lots and parcels, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. The maximum estimated cost for said improvements $606,4759 shall not exceed • 0 i -5- Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Tompkins County, New York, within ten days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the office of the State Department of Audit and Control, in Albany, New York, both pursuant to subdivision 1 of Section 209 -g of the Town Law, Section 4. This order shall take effect immediately. 11 The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: James F. Schug VOTING Aye Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye i Ronald Roberts VOTING Aye John Baker VOTING Aye i The order was thereupon declared duly adopted. t i 11 The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: James F. Schug VOTING Aye Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye i Ronald Roberts VOTING Aye John Baker VOTING Aye i The order was thereupon declared duly adopted. t • 0 • STATE OF NEW YORK )ss: COUNTY OF TOMPKINS I, the undersigned Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the order contained therein, held on April 13, 1993, 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 The Ithaca Journal Date given January 4, 1993 I i .2- • I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting 1 to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notice Date of Posting l Town Signboard January 4, 1993 Vestibule Town Hall 65 East Main Street Dryden, New York 13053 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on April 14 , 19934 :(CORPORATE SEAL) 0 i I, TURKEY HILL WATER DISTRICT APPENDIX A ALL THAT TRACT OR PARCEL OF LA's situate in the Town of Cryds , Cclanty of Trmpki ns and State of New York, generally bounded and described as follows BEGINtaNG at a point in the centerline of Molmt Pleasant Road, said point or place of begirring being located at the intersection of said centerline with the northwest line of the abandoned Lehigh Valley Rail road proper ty; proceedi ng thence f rein sal d point of begi nni ng southeasterly and along the centerline of Mount Pleasant Road for a distance cf aopr ^x ifja ~ely- 400" to a point; proceedinq thence south (and along the west line cf Parcel 56 -5 -10, b =i ^q a 14.8 acre +.'- pa rcel owned by Cornell University (said west line being apprcx imately 950' +; - west of the centerline of T`urke; Hill P3ad f z. ^d also along the wes t li nes of Pa rcels 56 -5 -20; 25.1; 28 and 29 and also along the west li ne of Parcel D (said west line being approximately 900' west of the centerline of TJ.k y Hill Read)] to a Foint in the centerli ne of Steven son Road; prcceedi ng theme ea and along said centerline for a distance cf apprcx irately 90C' t:) a point in the centerli ne of 'Dorkey Hill Road; proceeding thence rxor therly and along said center li ne of Durkey Hil l Road to its intersection with the centerli ne of Moun *_ Pleasant Road; proceeding thence easterly along the centerline of Mount Pleasant Road for a distance of approximately 235' to the southeast corner of Parcel • 57 -1 -28 ; proceeding thence northerly for approximately 520' nd along the east parcel lines of Parcels 57 -1 -28; 27; and 26 to a point in the south line of Parcel 57 -1 -25; proceeding thence easterly for a distance of approxilr•a*_ely 635' *_o the southeast ccrner of said parcel; prcceedi ng thence nor th (and along the eas t li ne of Parcels 57 -1 -25; 57 -1 -24; 23; 22 and a portion of Parcel 57 -1 -21) for a distance of apprcximately 1,353' to a point in the east line of Parcel 57 -1 -21; proceeding thence east for a distance of appr.x imately 509' to a point in the west line of Parcel 57 -1 -30.9; proceeding thence ncrth along said west line fc•r a distance of approximately 97.7 to a pcint marking the ncr r-hwa _ t c_ r- .r a proceed; n -a t!-�enc� e-a st=y ly c_ sz_d F_rcel; _ _ a-u a'c^- �.7. so'j`_h line of Parcel 57 -1 -20 for 'a a1staric9 c 928.90' to a point; proceeding thence north and along the wes t_ ela li ne of Fa r• =e1 57 -1 -38 for a d ista nee of • arrr ^xira e:. 1650' to a pein` (tt,is pein *_ b ing the southwest p_ in~ corner of Parcel west line 54- 1 -16); Parcel procee3.ina -1 -43; thence the.nCe c —C` erly to the sou`hwest corner c` said Farc =... -theas -1 -43; terly and alonq the thence soijth pa reel lines of Parcels of approximately 600' to a point marking the southeast corner of .4-1-161 52 -1 �17 -; 18; 19; 21 23 and 26 to the scut Feast and along ccrner cf Parcel 54 -1 -26; continuinq thence northeasterly ?nd alcna the south pa reel li nes of Parcels 57 -1 -41.2; 41.1; and 42 to a p_ in~ in the west line of Parcel 57 -1 -43; proceeding the.nCe c —C` erly to the sou`hwest corner c` said Farc =... 57 -1 -43; proceeding thence east for a distance of approximately 600' to a point marking the southeast corner of Parcel 52 -1 -28; proceeding thence northerly and along the N E d east line of said Parcel for a distance of approximately . 400' to a point in the south line of Parcel 52 -1 -25.3; proceeding thence generally north - easterly and along the south Li ne of said Parcel to a point in the centerline of BaKE'r Fi 11 Rcad ; proceed ng thence nor thwes ter ly and along sai d . centerli ne for a d istance of apprex imat ely 400' to a point; preceeai no thence nor theasterly and along the south line of Parcel 52 -1 -20 for a distance of approximately 275' to the seutheas t corner cf said Parcel; proceeding thence northwesterly fcr a distance approximately 60' to a point in the south line of Parcel 52 -1 -1Q; proceeding thence nc.r theas ter1y and aicr.g the sounth line of ParCE1s 52 -1 -19; 18; 17 ; 16 and 15 to the southeast corner of Parcel 52 -1 -15; rF is 2i __ J- 1. a D `J d_ Cf h�n ►�rn: }> is SW�} e! uis`_ric_'; pr`',�_,a t`.n nor thw_st ?rly and along the east line of Parcel 52 -1 -15 to a ce�.ter1i ne of York St_a=: PC.!te 356; 'c• = °= `i�7 t ! =�!Cc s'�U =hwec`nriy alono sa13 C� -�'_�' �l ne for di =`?nce cf aFproyiTateiy 2,110' to a point marking the =cutt:east corner of Parcel 53 -1 -19; proceeding thence north a'1.^' aL.^_rsi the easr line of said ParCC1 fcr a d1= tar'. =c Gi aoFrcxirrately 715' to a point; (to a point in the so•.:th- line CL the former rioh�. of way of Lehlgh valley° Pail -cad Pr edinc thence aentera11v sc': hwes _erly and �.P` `e�i.. a�Cn.s t7e cy•�r 1'l°_ o-' th°_ abanj7 n•=� _ =�:l9r, va�1_o, Rai 1 read proper ty tc a pc int arprcx im ate ly 2 ?5' eas cf the tcer.terli ne of Monkey Ran Road (abandoned); proceedi ng thence north for a distance of approximately 100' to a point I I i ' ma rki ng the nor theas t corner of Parcel 53 -1 -17 ; proceeding • thence west f or a d i s to nce of approx imat ely 240' to a point i r; the centerli ne of Monkey Ran Road; proceedi ng thence south to a poi nt in the centerline of Monkey Rum Road whore said centerli ne intersec is the south line of Monkey Run hater District and Monkey P.un Sewer District; proceeding thence generally southwesterly and westerly along said District boundaries to a point in the nor.th line of New York State Pou *_e 366; proceedi ng thence southwesterly and along the bovandaries of Town of Dryden Water District No. 1 and Town of Dr den S exov e District #2 (the parcel lines of Parcels 55 -1 -17.2 a.nd 17.3 and Parcels 56 -4 -3 anr3 5.1 to the poi r-:� or place cf beoi n ni ng . • rcFErer.c? i= Bade teo a Parcel, said roferer,ce is to Town of Dryde -i Tax Map Parcels and such parcel numb-ers were ta�.e fray the> Tax Maps last revised March 1, 1990 and in`cr-mat ion pE-`ai nin, to the reputed' owners of parcels has taken fran the 1990 Final Assessment Roll for the Town of D r: den . 0 B I 0 E • 20127 -309P At a regular 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 April 13, 1993, at 7:30 O'clock P.M., Prevailing Time The meeting was called to order by James F. Schug and upon roll being called, the following were PRESENT: James F. Schug, Supervisor Charles Hatfield, Councilperson Elizabeth Corrigan, Councilperson Ronald Roberts, Councilperson John Baker, Councilperson ABSENT' : None The following resolution was offered by Councilperson Roberts who moved its adoption, seconded by Councilperson Baker to —wit of i t . 0 E • 20127 -309P At a regular 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 April 13, 1993, at 7:30 O'clock P.M., Prevailing Time The meeting was called to order by James F. Schug and upon roll being called, the following were PRESENT: James F. Schug, Supervisor Charles Hatfield, Councilperson Elizabeth Corrigan, Councilperson Ronald Roberts, Councilperson John Baker, Councilperson ABSENT' : None The following resolution was offered by Councilperson Roberts who moved its adoption, seconded by Councilperson Baker to —wit of i 1 BOND RESOLUTION DATED APRIL 13, 19935 A RESOLUTION AUTHORIZING THE ISSUANCE OF $606,475 SERIAL • BONDS OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM TO SERVE TURKEY HILL WATER DISTRICT OF SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12 -A of the Town Law, and more particularly an order dated April 13, 1993, the Town Board of the Town of Dryden, Tompkins County, New York, has established Turkey Hill Water District of the Town of Dryden, Tompkins County, New York, WHEREAS, it is now desired to authorize the improvements proposed therefor as more fully set forth in said order establishing Turkey Hill Water District of the Town of Dryden, Tompkins County, New York, and to provide the financing thereof; and • WHEREAS, compliance with the provisions of the State Environmental Quality Review Act have been performed and the establishment of the Turkey Hill 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 would not result in any significant environmental effects, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of a water distribution system in the Turkey Hill Water District of the Town of Dryden including approximately 11,400 linear feet of, eight -inch water main, approximately 11250 linear feet of six -inch water main, i • n LJ -2- approximately 2,850 linear feet of service tubing, 19 hydrants 16 gate valves and land and rights -in -land, original furnishings, equipment, machinery and apparatus and incidental improvements and expenses in connection therewith, at a maximum estimated .cost of $606,475, there are hereby authorized to be issued $606,475, serial bonds of the Town of Dryden, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. The plan for the financing of the aforesaid specific object or purpose shall consist of the issuance of the $606,475 serial bonds of said Town, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the.aforesaid specific object or purpose is forty years, pursuant to subdivision.1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, • 0 40 -3— and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of -Dryden, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the several lots and parcels of land within said Turkey Hill Water District, which the Town Board shall determine and specify in the manner provided by law to be especially benefited by such improvements,. 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. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Dryden, Tompkins County, New York, by the manual or facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk, Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he s N • .4- shall deem best for the interests of the Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he 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 the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the • method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds. are to be executed in the4name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, - maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mai -ling, 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 I 4 -5- • Law, no such charges shall be so collected by the fiscal agent. Such bonds 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 52.00 of the Local Finance - Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby further authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and /or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments • thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the i New York State Environmental Facilities Corporation.' Section 10. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered ... owners of such serial bonds any 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. • Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, L' r- -I LJ • -6- instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Town Board. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized_ for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting 'such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal the official newspaper,_ together with a notice of the Town Clerk in substantially the form provided in. Section 81.00 of the Local Finance Law. • 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 Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye Ronald Roberts VOTING . Aye John Baker VOTING Aye The resolution was thereupon declared duly adopted. • f i • 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 Charles Hatfield VOTING Aye Elizabeth Corrigan VOTING Aye Ronald Roberts VOTING . Aye John Baker VOTING Aye The resolution was thereupon declared duly adopted. • IF 0 • I STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) I, the undersigned Clerk of the Town of Dryden, Tompkins County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on April 13, 1993, 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: I �I i I e % • 0 10 Newspaper and /or other news media The Ithaca Journal Date given January 4, 1993 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 Vestibule Town Hall 65 East Main Street Dryden, New York 13053 Date of Posting January 4, 1993 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on April 14 19930 (CORPORATE SEAL) i CORNELL U Y-N I V E R S i T Y owe of Veterinary Medicine S� March 26, 1993 Ms. Lorraine Bard 67 Layen Road Ithaca, NY 14850 Dear Ms. Bard: Veterinary Afedical Teaching Rogpital Office of the Director .t Ithaca. New York 14Ra -64111 This letter is in follow -up to our recent conversation relating to animals presented by you to our Small Animal Clinic as a part of your position as a Dog Warden for several towns in Tompkins County. My information is that, on occasion, you bring to our Small Animal Clinic ill or injured small animals that do not have an identified owner. In the past your perception has been that, once an owner is identified, the owner is responsible for charges incurred with respect to the care of that animal in the Small Animal Clinic. That, in fact, is not the case. We cannot hold owners responsible for any charges that they have not authorized. When animals are admitted to our hospital, the owner or an agent of the owner signs a form a wing to pay the charges associated with the care of that animal. This is the contract that proves the has, in fact, authorized the charges for care, in the case of animals brought in by you, such authorization has not been received and we cannot, legally, hold a subsequently identified owner responsible for charges that were incurred without the knowledge or consent of that owner. Certainly we can ask the subsequently identified owner to pay these charges but we cannot force them to do so. After the time that an owner becomes aware that their animal is in our hospital, they of course can be held responsible for any additional charges (that they authorize) but not for those occurring before the fact. As you may be aware, during the last several years the funding made available by the State of New York to our hospital has decreased significantly. As a result we are forced to pay for a much larger percentage of our op° rations from hospital income. Given that fact we mist be extremely careful with respect to all financial aspects of our operation. To Qaat end it will no longer be possible for us to accept animals brought by you to our Small Animal Clinic unless an authorization for payment is signed. Should you be the individual to sign such authorization you, of course, will be the individual that is held responsible for all incurred charges up'to the time where an owner is identified and either accepts responsibility for the full bill or for that portion of the bill incurred aftcr the owner becomes aware that the animal is present in our facility. Please he assured that we continue animals acquired by you during the t financial status, we cannot ac isle'lag to accept responsibility for to stand ready to he of service to you in the care of ill or injured course of your duties as a Dog Warden. However, because of our cept such animals unless someone (you, the owner, or someone else) payment of the charges for the care of these animals. Y 9s. Lorraine Bard March 26, 1993 Page 2 If you have any questions please do not hesitate to contact me. Sincerely, Francis A. Kallfelz, DVM, PhD, DACVN Professor of Medicine Mark L. Morris Professor of Veterinary Nutrition Director, Veterinary Medical Teaching Hospital FA K/pi xc: Business Office Staff (D.Churchill, B.Lee, E -I illegeist, L.Ruuspakka, D.Short) Prone Office Staff (C.Crispell, C.Merrick, G.Pennington, N.Pinette) • E TB4 -13 -93 page 5 • RESOLUTION #101 ADOPT BOND_ RESOLUTION DATED 4- -13- 9;;_ TURKEY _HILL SEWER DISTRICT Clm Hatfield offered the following resolution and asked for its adoption: (copy in minute book) 2nd Clm Robert s Roll call vote - all voting Yes RESOLUTION # 1 i E APPROVE FINAL -ORDER MT TURKEY HILL WATER DISTRICT Clm Baker offered the following resolution and asked for its adept ione (copy in minute book) 2nd Clm Corrigan Roll call vote - all voting ing Yes RESOLUTION_ #103 ADOPT BOND - RESOLUTION DATED 4 -13 -93 _TURKEY HILL WATER DISTRICT_ Clm Roberts offered the following resolution and asked for its adoption° (copy in minute book) c:nd Clm Baker Roll l cal 1 vote - all voting Yes Atty Perkins - reported that Marsh vs Town of Dryden ZBOA will be held April 30th, 1993 before Judge Ellison. • Atty Perkins - has reviewed the application of Robert Fletcher for a fireworks display ' :In July 4th and everything is in order. RESOLU "r I ON #104 F I REWORKS - ROBERT FLETCHER Clm Roberts offered the following resolution and asked for its adoptions RESOLVED, that this Town Board authorize ze Supv SchUg to sign the fireworks display permit for the year 1993 2nd Clm Baker Roll ca1,1 vote - all voting Yes RESOLUTION #1C.)5 AC:CEPT BID FOR 10 WHEELER Clm Baker offered adoptions RESOLVED, that thi Sales & Service fo 12' wing installed 2nd Clm Corrigan the following resc s Town Board accep r a new tandem dri in the amount of Roll call vot 1 ut t t ve, $97 e - i on a he bi 3 ax 1645= all rid asked for its d from Beam Mack le 1994 chassis with 00 voting Yes Discussion about dog control Lorraine Bard - received letter from Cornell University regarding injured dogs that are brought to their clinic and why � is responsible for paying the bill. (copy in letter in minute book) Lorraine Bard - she thinks there might be one dog a year that the town has had to pay a vet bill for. She has gone to the other municipalities that she serves and they are also considering this. Ij i RESOLUTION. #108 i UNDERTAKING IN CONNECTION WITH PERMITS r ISSUED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHEREAS, the undersigned Town of Dryden (hereinafter referred to as "Town ") from time to time receives permits from the Department of Transportation of the State of New York (hereinafter referred to as the "Department ") allowing the Town to temporarily obstruct, install, construct, maintain, operate or replace any facilities within the bounds of a State highway right -of -way pursuant to Sections 52, 103, 203, 249 and /or 250 of the Highway Law, and WHEREAS, the Department requires that the Town file an undertaking to secure the Town's faithful performance within the terms of any such permit and also to indemnify the State of New York (hereinafter referred to as the "State ") and others with respect to all operations under such permits by the Town. NOW THEREFORE, the Town hereby undertakes, to and with the State and the Department, that. 1. The Town will well, truly and faithfully comply with and perform all the terms and conditions . of each such permit on its part to be kept and performed, and abide by and comply with all such conditions, rules and regulations as may be, from time to time, promulgated by the Commissioner of Transportation of the State of New York (hereinafter referred to as the • "Commissioner "), according to the true intent and meaning of such permits, rules and regulations. 2. The Town will, at its own expense, promptly complete the work allowed under each permit and within a reasonable time restore State property damaged by its work to substantially the same or equivalent condition as existed before such work was begun; and in the event that the Town fails to so restore. damaged State property within what the Commissioner deems to be a reasonable time, the Commissioner, after giving written notice to the Town, may restore the property to substantially the same or equivalent condition as existed before the Town began the work and require the Town to reimburse the State for any and all costs incurred by the State in such restoration. 3. The Town will indemnify, hold harmless and defend and protect the State of New York, the Commissioner and the Department, their officials, officers, agents and employees against and pay any and all amounts, damages and costs and judgments which may or shall be recovered against said State, or its officers, or agents, or which such State may be called upon to pay to any person or corporation by reason of damages arising or growing out of Town operations pursuant to said permits or the manner of doing the same, or the neglect of said Town, or its agents or servants, or the improper performance pursuant to • the conditions of said permits by the Town, its agents or servants. I I I 4. The Town, which is insured, will pay any and all damages, costs, including but not limited to attorney's fees, and • judgments recovered against the State, the Commissioner of Transportation and their officials, officers, and employees in connection with work allowed by a permit or from use of a permit by the Town or by any person acting by, through or for the Town, including omissions and supervisory acts of any entities or persons named above; 11 E 5. It is understood that this undertaking is one of indemnity only and is not to be construed as mposi i ng on the Town an obligation to pay claims for which there would not otherwise be a remedy in law against the State of New York, 6. Any payments required by the foregoing will be guaranteed by the full faith and credit of the Town or its districts, as applicable, and will be paid out of current budgeted funds, or if insufficient, from the proceeds of bonds which current law permits the Town to issue to pay claims against it. IN WITNESS WHEREOF, THE Town of Dryden has caused this instrument to be signed by James F. Schug, Supervisor or his designee authorized by resolution of its Town Board, a copy of which is annexed hereto. By• Signa Title DATE: Town Of Dryden • n U I STATE OF NEW YORK ) ss.: COUNTY OF ) On this /y day ,e 19 i�3 , before me personally came ( ? _ , to me known and known to me to b the - -.,n_ , of the Town of Dryden described in and which 'e ecuted the foregoing instru ent pursuant to a Resolution which was adopted on � /3tA 2 9 ,3 and to which a certified copy os attach d and made a part thereof, and he acknowledged to me that he executed the same by like order. MR Notary Publ SUSANNE LLOYD Notary Public, State of New York Notary Stamps, No. 4620376 ' jualified In Tompkins County TTerm Expires 2�ipeaeb A 19 57 0 e' M • OPERATION AND MAINTENANCE AGREEMENT FOR FLASHING BEACONS This agreement is made this ` g � - day of CvUk 1993 by and between the TOWN OF DRYDEN, a municipal corporation, 65 East Main Street, Dryden, New York 13053 (hereinafter referred to as "the Town ") and DRYDEN CENTRAL SCHOOL DISTRICT, TOMPKINS COUNTY, NEW YORK, a school district, Route 38, P.O. Box 88, Dryden, New York 13053 (hereinafter referred to as "the School "). WHEREAS, the Town obtained a highway Work Permit from the State of New York Department of Transportation for the installation of flashing beacons on school signs on Route 38 near the Dryden High School, and ® WHEREAS, Installation of the same pursuant to the terms of said Highway Work Permit has been completed, and WHEREAS, the School has agreed to be responsible for the operation and maintenance of said flashing beacons and school signs which were installed as more particularly set forth in the Highway Work Permit which is attached hereto and incorporated herein by reference as Exhibit 1, and WHEREAS, as a condition of the installation and continued Permit for the flashing beacons and school signs, the State of New York Department of Transportation has required that the Town furnish an undertaking to the State of New York Department of Transportation, such undertaking to be in the form annexed hereto • as Exhibit 2, and OPERATION AND MAINTENANCE AGREEMENT FOR FLASHING BEACONS This agreement is made this day of rlwtiek , 1993 by and between the TOWN OF DRYDEN, a municipal corporation, 65 East Main Street, Dryden, New York 13053 (hereinafter referred to as "the Town ") and DRYDEN CENTRAL SCHOOL DISTRICT, TOMPKINS COUNTY, NEW YORK, a school district, Route 38, P.O. Box 88, Dryden, New York 13053 (hereinafter referred to as "the School "). WHEREAS, the Town obtained a Highway Work Permit from the State of New York Department of Transportation for the installation of flashing beacons on school signs on Route 38 near the Dryden High School, and • WHEREAS, Installation of the same pursuant to the terms of said Highway Work Permit has been completed, and WHEREAS, the School has agreed to be responsible for the operation and maintenance of said flashing beacons and school signs which were installed as more particularly set forth in the Highway Work Permit which is attached hereto and incorporated herein by reference as Exhibit 1, and WHEREAS, as a condition of the installation and continued Permit for the flashing beacons and school signs, the State of New York Department of Transportation has required that the Town furnish an undertaking to the State of New York Department of Transportation, such undertaking to be in the form annexed hereto as Exhibit 2, and • • i WIIEREIIS, the School has agreed to defend, indemnify and hold harmless the Town from any future expense, cause of action or damages associated with such installation or the operation and maintenance of the same, NOW, THEREFORE, the parties hereto agree hereby as follows: 1. -Tile School agrees to operate and maintain all the work which was installed pursuant to the Ilighway Work Permit. 2. Such operation and maintenance shall be in strict and full compliance with all provisions of the Highway Work Permit and the rules and regulations of tlle Commissioner of Transportation. 3. The School. agrees to defend, indemnify and hold harmleaa the 'Town for any loss, expense, claim, cause of action, suit, Judgment or attorney's fees incurred b the Y Town in connection with the Undertaking given'by the Town, it being the intention of the parties that henceforth the Town shall have no liability in I connection with the installation, use, operation, or maintenance of the work installed pursuant to the Highway Work Permit. 40 The School agrees to furnish to the Town a Certificate of Insurance evidencing insurance coverage in at least the amounts of S1,000,000 12,000,000 in connection with this agreement and the agreement by the School to defend, indemnify and hold harmless the Town. The School agrees to name the Town as an additional insured on such insurance. 50 This agreement shall be construed and interpreted • accord.ing to the laws of the State of New York. N .r A • 6. This agreement may not be modified or cancelled except by another agreement in writing signed by both parties hereto. 7. This agreement shall bind the parties hereto, their respective officials, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed this / day of C��- 19930 Attest: Susanne L1 Attest: cam- . (. DO Clerk TOWN OF DRYDEN B\ • LL Y� 4es Ja F. Sphug, Su/ l -'l Iry s r DRYDEN CENTRAL SCHOOL DISTRICT, TOMPKINS COUNTY_ NF.W YORK By: Clerk 3 0 W • Date: Fri ern Sub. i • April 1st, 1993 James Schug, Dryden Town Super visor Dryden Town Hall 65 East Main Street Dryden, New Yorrk. Henry M. Slater, Z1-. 1riing & Building Cede Enforcement Off. 65 E. Main Street Dryden, New York 13 053 March 193 Building & Zoning Activity Repor^t Dear Jim: During the month of March 193 only two Building Permits were issued. Both prar�m i t s were for, the corist rlAct i on of a private garage. On the otherm hand, I ' ve reviewed applications for• three Special Permits and three Site Flan Reviews. This means six Hear^ i rigs are necessary. Certificates of Occupancy and Compliance. (4) Certificates c_if Occupancy Issued. (1) Teriiporary Certificate ::if Occupancy. Fire I nvest i g at i _ins. Fire cir, Eriiergency Service Ca 1 1 s : Duri i ri_g March, there were no Fire Calls, hcnwever,, we did have two Flood Damage invest i gat i rIns. kot h were f ut%riace f a i l uv%es due ti .-i the water in the basements. Doth were in low lying areas pr, _�r�e t flooding. One f ur,riace was rep 1 aced and one was repaired. 0 E PI ;. (2) Multiple Residence Insper..t i ons: ( 1 ) Fire Safety Inspectil:ins of public /busiriessess (15) Hi_Ime Day Care F i r,e Safety Inspections, ( 1 ) Zoning Beard of Appeals Hearing Requestse (rr) There were rice cases fc. W Zr. fining Bt --lard of Appeals for% Mar ^ch no r^ will there be for% Apr %i 1. Since we've had heavy srn_ow aCCIA A l at i � �r, d ur%i ng both h F ebruary and March, we' ve spent time ire the field assisting the var� i o us Fire Stations inspecting F i r�e Hydrants and necessary f i r,e 1 apes. In some cases, we've giver, n .•t i ces of fire safety hazards. For% the most par °t, property owner,s have r-•espl_inded by removing hazard causing sril:: lw. The one exception is, Wilcox F ltr ess, where much opposition was i nCLlrred in cr.imp1ying with sno1w r,emnva1 request. I do ni,it see this to be an issue that will go away. Henry M. Slater J, /)/. O'l-tt cc: Al 1 ryden T� awn E... rrd Memb James Schug, Dryden Town S isanne Lloyd, Dv,yderi Town Mahlon R. F'erk, i ris, Dryden e r s uper,v i sor Clerk. T. swn At t o vrney TB4 -13 -93 Page E Supv Schug - the town board would like some time and see what alternatives there might be. ZONING OFFICER to consider this Monthly report given to � beard members Schedule dates for hearings: Special Permit - Home Pet Grooming OOPM Special Permit - Live Trap Assembly - 4 -27 -93 7:15PM Site Plan Review - A -1 Pizzeria Restaurant 4 -27 -93 7:30PM Site Plan Review - D.R. Dewitt Co. 4 -27 -93 7:45PM 'Town Board meeting t� � follow CORRESPONDENCE Dryden Lake Police Report Letter of thanks from Aids Work Letter of thanks from Dryden Historical Society M ME HE Clm Roberts offered the following resolution and ; sked for its adoption: RESOLVED, that this Town Board approve part time (summer help for the highway department. ® 2nd Clm Baker Roll call vote - all voting Yes RESOLUTION #107 AUTHORIZE HWY SUPTaG I LEE RT ATTEND HIGHWAY SEMINAR j Clm Hatfield offered the following resolution and lasked for its adoption: ion: 1 RESOLVED, that this Town Board authorize Hwy Supt lGi1beet to attend highway seminar at Cornell University and to pay expenses. 2nd Clm Corrigan Rol 1 cal all vote - all vi::It ing Yes RESOLUTION #1o8 FLASHING LIGHT WITH STATE OF NEW YORK HOLD HARMLESS AGREEMENT AT DRYDEN___HTGH_ISCHOOL Clm Hatfield coffered the following resolution and lasked for its adoption: (copy in minute book) 2nd Clm Baker Roll call vote - all voting ; Yes i RESOLUTION #109 APPOINT Z BOA MEMBER Clm Baker offered the following resolution ion and asked for its adoption: RESOLVED, that this Town Board Dominic B ordonaro on the Zoning December 31, 1997a appoint Mark Varvay'nis to replace Board of Appeals. Term to expire 2nd Clm Corrigan Roll call vote - Clm Roberts Clm Baker Clm Hatfield Clm Corrigan Supv Schug No Yes No Yes Yes TP4 -13 -93 Page 7 FINANCIAL REPORT - available to beard members JUSTICE REPORT - $8, 991.00 for the month of March RESOLUTION #110 AUDIT ABSTRACT #104 AND #102 Clm Corrigan offered the following resolution and asked for its adopt ion: RESOLVED, that abstract #102 voucher #58 and abstract #104 voucher #207A to #290 be paid as audited for a total $x:14, `44. 59. 2nd Clm Baker Roll l call vote - all voting ing Yes Adjourned: 9:00PM Susanne Lloyd Town Clerk • q I a �I t_